Unfortunately, parents do not always payalimony to their children, living separately from them. The reasons for this may be very different. However, before you do not fulfill your obligations, it is worth remembering that the Russian legislation provides for forfeit child support. Judicial practice in such cases shows that quite often not only the amount of debt is collected from debtors, but also penalties.
Family legislation of the Russian Federationregulates the issues of monetary maintenance, which is provided by some members of the family in relation to others. Judicial practice on the penalty for alimony shows that most cases are initiated on issues of payments to underage children. In addition, there are alimony incapacitated parents, but such claims are much less likely to occur and lead to litigation.
Payment of alimony is based on the decisioncourt or by agreement of the parties. The amount of payments depends on the level of pay for the payer, as well as the number of children in need of maintenance. Failure to fulfill the obligations of the debtor leads to the fact that he is awarded a penalty for non-payment of alimony. Judicial practice knows many cases when negligent debtors were given large fines for non-payment of money for the maintenance of children. In any case, one should be aware that failure to perform or untimely performance of duties always leads to punishment.
If for some reason a citizen does nottransfers money for the maintenance of underage children, he can be presented a penalty for child support (judicial practice). Refusal of this presentation can be perceived as another violation of the law, unless the debtor had good reasons for stopping payments (illness, difficult financial situation, etc.).
Penalties for violators are charged daily, and afteraccumulation of an impressive amount of alimony payers are attracted to administrative or criminal liability. Below you will find detailed information on how the forfeit payment is calculated. Judicial practice shows that the law is always on the side of underage children. In civil law, this concept is one of the punitive measures against those citizens who violate their obligations. Family law does not provide other methods for punishing malicious defaulters.
From the moment when a citizen of the Russian Federation is obligedto pay money for the maintenance of a close relative (most often an underage child), he must make payments in the prescribed amount and on time. Judicial practice on the penalty for alimony shows that if one of the above conditions is violated, the defaulter can be sued in accordance with Law No. 115. Regardless of whether the second party (the plaintiff) requires payments from the debtor, the infringer is liable.
It is worth noting that in some casesnon-payers can avoid liability for late payments. To this end, the debtor must present to the court a confirmation of the deterioration of his financial situation or a certificate from the medical institution confirming his illness. In such cases, foreclosure is not foreclosed on alimony. Judicial practice shows that it is very often possible to cancel the imposed fines, presenting undeniable facts.
Today, very often judicialproduction on the issue of non-payment of alimony for minors. The requirements are put forward in accordance with Article No. 115 of the Family Code. In case of delay in payment of a debt or payments in a smaller amount than it is established, the defaulters are liable for non-payment of alimony. The calculation (judicial practice) can be both compulsory and voluntary. It is considered a penalty in accordance with the delay in days. The final amount is set in national currency.
Judicial practice on the penalty for alimonyshows that sometimes penalties for non-payers are not charged, for example, due to a sudden deterioration in financial position or a serious illness. The parties can arrange the agreement together and settle the issue of forfeit. Otherwise, payments are made by a court decision. It is calculated at a rate of 0.5% of the amount of debt for each day.
Begin to calculate penalties from the first day afterof how the debtor ceased to make payments. For example, a party must pay alimony on a monthly basis until the 15th day. In case of delay, from the 16th there is a penalty. In addition, the guardian or the parent of the child, who is dependent on the minor, can prove in court that the lack of payments caused serious losses and demand additional compensation. Its amount is fixed with the deduction of the amounts that the forfeit did not cover. Such a sanction plays the role of additional guarantees that the debtor will fulfill its obligations.
It is worth noting that he has a penalty (alimony)limitation period. Judicial practice shows that fines accrue only for the last three years. At the same time, the basic amount of alimony does not have a statute of limitations and in any case is recovered from a defaulter.
Some defaulters assume that the debtsdisappear after reaching adulthood as a child, but this is not entirely true. They can be demanded by both the child himself and the second parent even after reaching the 18th birthday.
The legislation of the Russian Federation suggests severalways, how can a forfeit on alimony be recovered. Judicial practice refusal is considered only if there are valid reasons. In other cases, the defaulter will have to pay a fine.
There are two types of penalty: legal and contractual. For example, if the parents peacefully agreed with each other, compensation can be set in the amount that suits both sides. It's another matter if the agreement was not reached and the court appoints a penalty. In the first case, there is no penalty for the minimum and maximum penalties, and in the second case, the payment is calculated at 0.5% per day, in accordance with the law.
Another question that may worryparents planning to sue, - territorial jurisdiction. It is determined by the Civil Procedure Code. If the case is connected with alimony, then the application is submitted to the nearest court at the place of residence of the plaintiff. If the parents peacefully agreed on payments, then the relationship between them is regulated by Article 32 of the Family Code.
To start legal proceedings, it is necessarygo to court with a statement. In addition, the plaintiff will need copies of the judgment and the writ of execution (taken from the bailiffs). The decree on calculating the debt is also taken from the bailiff, who is dealing with this case. Additionally, a child's birth certificate and a penalty payment are required.
It is important to note that any legal proceedingsrequire payment of state duty. It is determined in accordance with the prescription of 333 articles of the Tax Code of Russia. Based on it, the amount of the state duty must be at least 4% of the total amount of the claim. In addition, when applying to the court, 100 rubles are collected from the plaintiff. Lawyers recommend just paying the mandatory fee, and a percentage of the requirements, if they are met, later. The fact is that a penalty in the process of legal proceedings can change.
Parents after the divorce should remember theirobligations and strictly enforce them. For example, do not forget that all debts have a statute of limitations, so you must file a claim to recover the penalty as soon as possible, because in the event of a long absence of payments, the debtor will be assessed only for the last 36 months. In some cases, the sanction can not be assessed at all, for example, if the debt was formed not through the fault of the defendant. This happens when, after the alimony is awarded, the plaintiff does not apply to the bailiff service.
Judicial practice on the penalty for alimonyshows that evidence is required to charge any fines. The debtor can be exempted from the forfeit altogether or significantly reduced it. To do this, the payer also must show evidence of a difficult financial situation, a reduction in work or illness.
In any case, negligent parents should rememberabout their obligations and not to shirk debts, and make payments on time to avoid problems. For non-payment, criminal liability is also provided. For example, the defendant can be sent to forced labor or put under arrest. In addition, non-payers are sometimes deprived of parental rights, as practice shows in such cases. At such an outcome, a negligent father or mother can not communicate with the child and claim his help in old age.
Sometimes the accrued penalties seem to the defendantand he handles a counterclaim about a possible decrease in them. However, before submitting an application, it should be taken into account that the judge decides in favor of reducing the payments only if there are legitimate grounds for doing so. Below are a few examples of cases where citizens were in demand reduction in penalties for child support. Judicial practice shows the following.
The court did not reduce the forfeit on child support, collected in full:
Unfortunately, unscrupulous parents canfind a variety of reasons, if only to not pay the debt on child support to their children. The most popular thing is the lack of a permanent place of work for the defendant. However, this fact is not the cause, because you can charge payments in a hard cash amount. The penalty is collected only if the beneficiary of the alimony has transferred the court decision to the bailiff service, which in the future is engaged in recovery.
Very often it happens that the size of the fineaccumulates huge, and the defaulter does not have the ability to repay the debt. The penalty is reduced only if there are serious grounds. As them, the documented deterioration of the defendant's health, reduction in service, and other reasons are accepted. If there are grounds, the payer may apply to the court with a refusal of the penalty or an application for reviewing the fine. The debtor is obliged to prove that he was trying to improve his financial position and these attempts were unsuccessful.
