What happens if you do not pay alimony? Responsibility and punishment by law
A citizen does not pay alimony? What happens if the violation is not corrected? Writing answers to these questions we have to continue. Topics related to the payment of alimony, disturb many citizens of the Russian Federation. In particular, divorced women with children. After all, they have to demand money for the maintenance of common children from former spouses. Not everyone is willing to faithfully give part of the salary, especially if the payer has dependents and a new family. Next will be told all about the maintenance obligations in Russia.
Let's start with the study of the concept of "alimony". What it is?
Alimony refers to regularly paid funds that are allocated for the maintenance of a needy relative. As a rule, payments are regular. A certain part of the income is collected monthly in favor of a family member.
The man does not pay alimony? What will he have for it? We will try to answer this question later. To begin, consider all the features of maintenance obligations.
About types of payments
For example, everyone should know that there are several types of alimony. A citizen can be assigned to pay all options at once. This is not the most frequent, but very real phenomenon.
There are alimony for children. They are paid in favor of minors for their maintenance. It usually pays the parent with whom the children do not live. Payments are made until the age of majority.
There are alimony for spouses. Payments are made both in marriage and after a divorce. Most often, eligible disabled spouses may qualify for support. In practice, recipients are mostly wives. Such payments are not very common.
The last type of alimony is for parents. He is popular in Russia, but it is difficult to achieve his appointment. It is only laid for disabled, needy parents, often for disabled people. This type of alimony is served most often in order to annoy your children or “tear off” more from them in order to satisfy their own ego.In normal families, support for elderly parents is voluntary.
About the size of payments
We found out what kind of alimony a person has to pay in this or that case. In general, families are faced with obligations for children as minors, as well as incapacitated.
How much will you have to pay? The exact amount of money allocated for the maintenance of a family member in need, establishes the court. Either the parties themselves agree on the amount of material support.
More specifics can be distinguished regarding child support. They are paid either as a percentage of the salary or in a fixed sum of money.
How much should a father pay a child? Alimony in Russia approved the following:
- 25% of income - for 1 child;
- 33% - for 2 children;
- 50% - in the presence of 3 or more minors.
In addition, when assigning payments to children in a fixed amount, the subsistence minimums of the regions will be taken into account. But to say exactly how much child support is paying (father, mother, or children) is problematic. Someone allocates a symbolic amount (about 1.5-2 thousand rubles per month), and from someone they require significant expenses.
If the husband does not pay child support for the child, the woman will have to pretty much try to get money from the former spouse. But more about that later. First of all, let us see how the mentioned payments can be assigned.
- by peace agreement;
- on trial.
Most often in real life there is the last deal. Alimony in the registration of the peace agreement will be paid on the conditions agreed in advance. The corresponding paper is issued by a notary. Only in this way will it be valid.
About voluntary payments
A citizen does not pay alimony? What happens if the situation does not change for a long time? There is no definite answer. It all depends on the specific situation.
For example, if a person previously voluntarily transferred funds for the maintenance of needy relatives, he has nothing to fear. Such a disposition has no legal force. So, the payer is not officially bound by any obligations. This leads to the fact that sanctions are not applied to it.
The only thing that is really worth fearing is that the recipient (or his representative) will go to court for the official appointment of alimony in one size or another. This alignment entails certain consequences.For example, then in case of accumulation of a large debt it will be necessary to put up with certain sanctions.
If the parties once concluded a peace agreement on the payment of alimony, then, as a rule, the lack of money and debt entails the recourse to the court. And nothing more. The payer can recover the full amount of the debt and penalties. In addition, maintenance obligations are reviewed by judicial authorities, they are officially appointed in one size or another.
How to conclude a peace treaty? Required:
- Collect a certain set of documents - passports of the parties, documents about kinship and need, income certificates.
- Make a contract for the voluntary payment of alimony. It specifies all the nuances of obligations.
- Contact the notary office with the listed papers.
- To sign an agreement.
Done! From this point on, the agreement will be valid by law. Its violation is a valid reason for going to court.
Impact on payments
It is worth paying attention to the fact that different factors can influence the size of payments. Because of this, the exact amount of alimony to call in one way or another will not work.
A citizen is obliged to fulfill this obligation regardless of his financial situation and on the income received. The only exceptions are alimony per spouse. By law, they can only be demanded when a potential payer has funds.
In general, the following circumstances will affect the amount of alimony:
- income level;
- the state of health of the payer and recipients;
- the presence of other dependents;
- family replenishment;
- parenting in the past.
In fact, most often alimony only increase. For example, due to indexing. The decrease in payments occurs at birth at the payer of children, and also if he has new dependents.
What to do if not paid
What to do if they do not pay child support? There is no exact "recipe" in this case.
If you act according to the law, you can go to court to collect debt and fines. This is the only measure that a citizen can take.
Ideally, in the absence of alimony, it is recommended that you personally speak with the payer and agree on the repayment of the debt. It is possible that during this period a person simply does not have money.Unfortunately, in real life such cases are rare. People just do not want to give a part of their income, and therefore they do not fulfill the maintenance obligations.
About the consequences
What happens if you do not pay alimony? Punishment depends entirely on the circumstances. It is assigned individually. Here the role will be played by the conscientiousness of the payer, and life circumstances, and the amount of the debt.
Nevertheless, there are general sanctions, which attract alimony. We will get acquainted with them.
First, a citizen who has arrears in alimony cannot leave the country. He receives the status of "restricted to travel". Abroad it is permissible to leave only with full repayment of the debt.
Secondly, you can forget about mortgages and loans. They are not issued to the debtors. No bank will assume such responsibility.
Thirdly, in Russia you may be faced with “knocking out” debts. If a citizen does not pay child support, what will happen? Bailiffs or even collectors visit him. They will start by all means to beat the money out of the debtor. Sometimes breaking the current laws of the Russian Federation.
Fourthly, if a person has property, he can be arrested for debt. After this action, the property is sold, the proceeds go to alimony.The balance, if any, is given to the debtor.
Accordingly, those on whom the property is registered may worry about the sanctions. In particular, real estate.
But that is not all! A citizen does not pay child support for a year or more? With significant debt will have to face extreme measures to deal with violators.
It's about imprisonment. A person with debts on alimony can be “imprisoned” both conditionally and directly. The term of punishment is appointed by the court After release from the conclusion of the debtor will be forced to pay alimony. To avoid this measure does not work.
Innovations in the Russian Federation
Someone doesn't pay child support? What happens if a person already has a debt?
Recently, Russia has come up with another quite interesting way of dealing with debtors. They are caught on the roads and taken away driving license. You can return the document only after the debt is paid off
As practice shows, this method is already actively used. It really helps to fight with debtors on alimony.
Rights of parents who pay
Providing minor children is the responsibility of every parent.It applies to both spouses even after a divorce.
Which distinguish the rights of a father paying alimony? First of all - the right to communicate with the child. In real life, debtors are simply forbidden to see minors. On some, such measures are fine - soon after the ban, debts are repaid. Nevertheless, according to the law, it is impossible to prevent a father from communicating with children. The exceptions are cases when such contacts harm the development or health of a minor.
In addition, dad, who regularly pay child support, may require the provision of information about the child in full - from educational institutions, medical organizations.
A parent who transfers child support (even in “ridiculous” sizes) is entitled to such support in old age. Therefore, after divorce, many women prefer not to fight their former spouses, without demanding alimony and repayment of debts. To mature children are not burdened with unnecessary spending on a negligent parent.