Взыскание задолженности по алиментам является A significant problem that does not lose its relevance at the present time. Former spouses harbor their property and incomes, hide from bailiffs and recoverers, and in many cases are simply asocial people who basically do not want to pay for the maintenance of their children.
Arrears in support payments arise when a person,which is obliged to pay them, and the person who has the right to these payments, conclude an agreement on payment, or there is a court decision to collect alimony, but in fact payments are not made.
Recovery of arrears is carried outwithin a three-year period that preceded the presentation of an agreement on their payment (notarized) or an enforcement sheet issued as execution of the judgment. If the retention was not due to the fault of the person who was obliged to pay these funds, then the debt can be recovered for the entire time, regardless of the three-year period.
Those responsible for debt formation are guiltyactions are expressed by non-fulfillment of the lawful requirements of bailiffs, by providing false information about their property rights, by not informing about leaving work, about finding a job for a new job, about obtaining other income or changing their place of residence.
The amount of debt collectionThe alimony is determined from their amount, established by a court decision or agreement on their payment. In case the obligated person did not work or did not provide documents on income in the period when it was supposed to pay alimony, the debt is determined from the amount of the salary that was accrued at the time of debt collection.
If a debt isa significant violation of the interests of one of the parties to the obligations of alimony, the victims can apply to the court, where they determine the amount of debt, based on material and family and the situation and other circumstances worthy of attention. Recently, in legal practice, it often happens that in addition to the amount of money, additional funds are recovered in order to reimburse the cost of clothing or medicines, as well as partial or full compensation for sanatorium treatment or rest for children on given checks.
Any of the parties may appeal their disagreement on the determination of the debt by the bailiff in the manner provided for in procedural civil law.
In the changing economic conditions, alimony indexation is carried out. This is necessary to ensure that the recipient maintains the same level of content.
The law provides for two types of liability forimproper performance of obligations under alimony. Civil legal responsibility occurs when they are not paid in time, and criminal liability is due to malicious evasion from reimbursement of expenses for the maintenance of children. In the first case, if there is a fault of the obliged person, they must collect the debt on alimony together with the penalty, which is half the interest for each day of delay from the total amount of the debt.
These measures are not applicable to the payer ifarrears were due to the guilty actions of others, for example, in case of late payment of wages, improper transfer or delay of alimony by the bank, etc. The payer of alimony may be held liable on the basis of the court's decision on the application of the beneficiary.
Also, the recipient has the right to demandcompensation of all losses that are not covered by the forfeit, and to recover debts. Documents for this purpose are transferred to judicial or executive bodies.
