Arrears in support payments are a frequent occurrence
Those parents who are obliged to pay alimonyon the child, but for some reason they shy away from their obligations, are obliged to reimburse the arrears in arrears. A party that is authorized to receive child support before reaching the age of 18 has the right to apply to the court for recovery of alimony when the party obliged to pay alimony evades payment.
Procedure for recovery of debts on child support
Before making a decision on recovery of alimony, the courthas the right to make an appropriate decision on the recovery of alimony. In cases when the parties could not agree on payment, and also when the payer evades payment, then the recovery of alimony occurs through the court by submitting an application to the judicial authorities. In addition to the principal amount, the court collects the debt that was formed according to the alimony.
Arrears for past supportshall be levied on the basis of the writ of execution or agreement on the payment of alimony within three years, which preceded the presentation of a notarial certificate or writ of execution on the subject of alimony to be collected.
If they are retained on the basis of a notarialagreement or writ of execution on the payment of alimony was not made because of the person who is obliged to pay, alimony is collected in full for the entire period of time. In addition, the existing debt on maintenance is established by the bailiff on the basis of their value, if they have been determined by the agreement or the court.
The amount of alimony is determined on the basis ofearnings or any other income of a person who must pay during the period for which payment was not made. If, at that time, the parent paying alimony did not work, then 1 MROT, which was established in the Russian Federation during that period, is withheld from him. If this significantly undermines the material well-being of one of the parents, then the parent whose interests are violated can apply to the judicial authorities to fix the debt in a fixed amount.
How to collect debt on child support, if there is no income
In the absence of an agreement on the payment of alimony, andwhen a party obliged to pay alimony has floating earnings or other income, or has no earnings or other income at all, the court has the right to establish a certain amount of maintenance that is payable each month.
The magnitude of them is established, proceeding from the possiblepreservation of the habitual standard of living and the financial situation of both sides. In the event that with each parent are children, a fixed amount of money is collected in favor of the less well-off.
From the above, it follows that there is noa certain amount of alimony, and it is established by the court to preserve a certain material level of the child's life. To determine the financial situation, the court takes into account all existing sources of income. In addition, it should be noted that alimony in a fixed amount is collected only in the order of the proceedings.
Term of payment of alimony
Alimony is paid to one of the parents beforethe child's attainment of majority. The arrears in arrears after 18 years can only be recovered on the basis of executive documents issued by a court of general jurisdiction, the limitation period of which does not exceed 3 years.
The recovery of alimony for this period of time takes place on the basis of a judicial or executive order within three years preceding the presentation of the relevant executive document.