Debt collection of child support is a significant problem, which has not lost relevance in the present time.Former spouses sheltering their assets and incomes, hiding from bailiffs and claimants, and in many cases are simply antisocial people who basically do not wish to pay the funds for the maintenance of their children.
arrears of child support arises when a person who is obliged to pay them, and the person entitled to these payments, enter into an agreement on the payment, or there is a court decision on alimony, but the actual payments are made.
Debt collection of child support is performed in period of three years which preceded the presentation of the agreement to collect their payment (notarized) or writ of execution issued as execution of a judgment.If you do not hold is the fault of the person who was obliged to pay these funds, it can recover the debt for all time, despite the three-year period.
entailed the formation of the debt expressed in the failure of those responsible for acts of bailiffs legal requirements, providing false information about their property rights Failure to withdraw from work, employment in the new job, the receipt of other income or changing their place of residence.
Amount of debt collection of child support is determined from their size, set the judgment or agreement on their payment.If the obligated person did not work or did not provide documentation of income at a time when it was supposed to pay alimony debt is determined from the size of the salaries that accrued at the time of collecting the debt.
If the definition of debt there is a significant violation of the interests of one of the parties alimony obligations, victims can apply to the court where the amount of the debt will determine, based on the financial and family situation and other circumstances, and worthy of attention.In recent years the practice of law is often the case that in addition to charge a sum of money additional funds as compensation for the cost of clothing or drugs, as well as partial or full payment of spa treatment or recreation for children provided for checks.
Either party may appeal the disagreement on the definition of debt bailiff in a manner that provides procedural civil law.
With changing economic conditions, indexation of maintenance.This is necessary to ensure that they are the recipient of the previous levels.
law provides for two types of responsibility for the improper performance of obligations under the alimony.Civil liability comes at a late payment thereof, criminal - with willful refusal to refund the cost of the children.In the first case, if there is a fault of the obligated person, he must produce a recovery of debts under the alimony together with the penalty, which is one-half percent for each day of delay of the entire amount of the debt.
These measures do not apply to earlier, if the debt was formed due to the misconduct of others, such as late payment, incorrect or delayed transfer of maintenance Bank and others. Maintenance payer may bring to justice at the request of the beneficiary on the basis of a court decision.
also the recipient has the right to demand compensation for all damages that are not covered by the penalty and make debt collection.Papers that are transmitted to the judicial or executive bodies.
