The concept of
alimony — regular and obligatory payment of a specified monetary amount by one spouse to another for the maintenance of a common minor child/child.
If the parents have failed to resolve the matter among themselves or after oral arrangements, the party committing to pay maintenance evades its duties, the spouse in the interest of its a minor child has the right to apply for penalty in court.
Further, the matter is resolved either by signing a settlement agreement or by issuing a court order. In the first case, the faithful performance of payment obligations falls on the shoulders of the spouse – the alimentarian, and in the second can be regulated and controlled by a specialized federal body — to the service of bailiffs.
Bailiffs are also brought in if the former spouse does not simply refuse payments, but also absconds from foreclosure, becoming a malicious defaulter. In this case, the procedure of tracing the debtor for child support is initiated.
procedure This procedure becomes possible after a series of events:
- court decision requiring a parent to pay for the maintenance of a minor child, $ entering this information into the specialized register and sending a copy of the materials at the workplace or service of the alimentarian.
- Parent-alimentarian does not perform duties: does not transfer the amount agreed in advance, pays it irregularly or in a smaller amount.
- The former spouse evades responsibility and deliberately absconds in order to fail to comply.
In this case, it is necessary to contact the bailiffs as quickly as possible. From the moment of indebtedness to the formation of a large amount of debt, it is much easier and faster to find a parent – alimentarian and collect debt from it.
However, the items listed are not the reason for the debtor’s immediate wanted list. The bailiff starts legal proceedings. After that, he sends notice to the alimentarian about the occurrence of a debt in the place of residence. If the person is not in conversation and in no way attempts to contact the collector to resolve the issue of repayment of the maintenance arrears, the bailiff shall inform him of the possibility of accountability for non – payment, recovery and consequences.$
In case of absence of any reaction from the debtor and inability to find it familiar ways, a court order will be issued to launch the procedure of search events, and itself The alimentarian will be put on the wanted list.
In the foreclosure order, the bailiff is obliged to specify what penalty will be applied to the defaulter. The person is then placed on the debtor list and automatically denied the right to travel abroad.
Copies of this resolution are compulsorily sent to all participants in the executive proceedings.
Application for search of the debtor
To start the search procedure a prerequisite is the presence of the bailiff of the application of the alimony collector. It is written in an arbitrary form, but with a specific structure and content. The following lines will be mandatory for specification:
- address and office of the bailiffs service (in the cap in the upper right corner);
- name of the bailiff, who will conduct search activities (in the cap in the upper right corner);
- name of the applicant (in the cap in the upper right corner);
- middle – “Application on search of the payer on maintenance”; with the red line the essence of the application to the service bailiffs (availability of debt, term, amount of debt);
- indication of all available information about the alimentee, as well as third parties who may have information on the location, $ employment and property of the wanted payer;
- purpose of applying to the service of bailiffs;
- basis for recovery;
- date, signature.
This application is considered by the officer of the Bailiff Service within 3 days. In case of a positive decision, they are issued a decree on the beginning of search activities. The application is registered and its copy is sent to the last place of residence of the defaulter.
As the search occurs
Article 65 of FZ-229 states that the work on tracing the alimentarians recognized by the court should be carried out only by the bailiffs service.$
The purpose of the search is to establish the location of the materially responsible person, his property (movable, immovable) for prosecution and fulfillment of maintenance obligations.
Search and search work can be carried out only after documentary confirmation. In addition to the statement, it is necessary to confirm the existence of a court order on the inclusion of the wanted person in the register of alimentarians, as well as evidence of evasion
All actions of the bailiff must also be documented, so for each application a separate search case is initiated.
Search works are carried out in three main directions:
- the last officially known place of residence;
- the place of execution of the executive sheet;
- the actual location of the property.$
The Bailiffs Service has a specialized department, whose duties include tracing defaulters and bringing them to justice. For this purpose, they are given the following powers:
- obtaining personal data from internal affairs bodies, tax, pension fund, registry office;
- request for the presence of property in BTI and traffic police;
- verification of information in customs authorities;
- information on accounts, deposits, securities and their movements in financial organizations;
- survey of relatives, friends, colleagues and other third parties persons with the necessary information on the defaulter;
- travel to the location of the alimentor’s property for survey, assessment;
- search and use of information obtained from open media sources, as well as social networks, the involvement of a private office.
In carrying out expeditious-search activities, the bailiff leading the case actively cooperates with other units of the FSSP, interacts with police, traffic police officers to use information available to them, in particular the discovery of unidentified corpses and persons unable to report their identity.$
In the event of a debtor being found outside the territory of the office that accepted the application, the bailiff in charge of the case is obliged to transfer it to the bailiff whose jurisdiction allows the continuing$ further search and search work.
Recognition of missing
Pursuant to 229 of the Federal Law and the Code of Civil Procedure (art. 278), the activities of the debtor for maintenance shall be carried out on throughout the year. After the expiration of this period and the inability to find an alimentarian, the case is closed. The applicant can apply to the bailiffs service with a repeat application, but if there is no positive result, defaulters can be found missing.
In March 2018, article 65 FZ-229 was amended, according to which the alimentarian, the location of which cannot be established a year after the beginning of the operative search activities , according to the statement of the claimant in a court procedure, it is recognized as a clueless minor child in relation to whom he had maintenance obligations, a pension on loss of $ breadwinner.
Members of the family of a person found to be cluelessly absent are recognized as members of the bereaved breadwinner’s family after a court order. If there are unemployable, underage or dependent persons among them, they may also qualify for the loss of breadwinner’s pension.
Prosecution In case of appeal to
the service of bailiffs, it is obvious that the alimentarian becomes a malicious defaulter. Therefore, the bailiff has the right to apply to him some measures of administrative responsibility:
- deprivation of driving licenses;
- fine up to 25 thousand rubles;
- ban on travel for border;
- public works up to 150 hours.
If these measures have not had a proper effect, but the debtor is already threatened with criminal liability. This can be arrest for 15 days, correctional work or imprisonment for up to one year.
Such a high measure of liability can be applied only by court order. But it is extremely rare, because it becomes difficult to collect alimony.
If the debt becomes large, and the alimentarian does not have the opportunity to repay it in the near term, or he refuses to fulfill his obligations, on the basis of the resolution bailiffs, the alimentarian’s property can be arrested and sold at auction. After holding the amount of debt, the remainder is returned to the defaulter.
Deferring of performance of obligations
The law provides a list of cases where the arising debt of the alimentarian can be recognized as respectful and for its repayment is given postponement. It is not an aggravating factor and does not entail administrative or criminal liability.
The following reasons may be recognized as valid:
- change or loss of employment (reduced amount of regular payments under the agreement of the parties);
- health problems ( only serious problems will allow the alimentarian to ask for a reduction of payments or their temporary suspension);
- complete or partial disability (by court decision the payer may be exempt from payment prior to restoration of capacity to work or indefinitely).
Refusal of the wanted list
According to the statement, the employee of the bailiffs service can make not only a positive decision, but also refuse acceptance. Depending on the reason for refusal of acceptance, the debtor may reapply with the same conditions and reasons after a certain time or appeal the decision to higher authorities.
When a bailiff colluded or evaded direct duties, punishment may be imposed on him by dismissal, deprivation of the award or prosecution.
When appealing the appeal, it is necessary to specify the date of filing the application, the reasons and reasons for its rejection, the reason for omission, collusion or negligence of the bailiff considering the application violated the rules of law.$