To date, the majority of citizens alimony causes a lot of difficulties.Some try to escape from their obligations, hide income stalling.In such cases recovery has to be through bailiffs.More details about how and where to find arrears on child support, read further in this article.
reasons
arrears of alimony arises because of their non-payment or transfer of the sum in the amount lower than it has been established judgment.The reasons can be many:
- willful evasion of payment;
- inability to repay the debt due to illness, unemployment or life circumstances;
- erroneous deduction amounts understated accounting;
- failure to provide information on the details;
- refusal recipient of remittances;
- and many others.
Each of these cases is governed by the Family Code of the Russian Federation.
calculation
Determination of alimony debt provides a bailiff.To do this, it asks for information on income over the period of debt.Based on these data and performs settlement.Determination is made after foreclosure to repay the debt.If the payer does not assume responsibility for valid reasons (illness, delayed salaries, lack of work, and so on. D.), Then taken to account for three years, otherwise - the whole period of the debt.
And in the time period in which the debtor is not working or no documents confirming the amount of income, the calculation is made on the size of the average wage.If the amount of alimony debt is calculated incorrectly, the police officer can appeal the ruling in court.
judicial act sentencing administrative law goes to the bailiff after the expiry of the appeal, and in some cases - the period of voluntary compliance.Therefore it is necessary to know in advance what alimony debt exists, so you do not pay penalties for delay.
Exemption from obligations
If debt repayment takes place by mutual agreement, it is possible to agree on the termination payment.If child support is paid to the children, freed from the duties can only be through the courts, and that the presence of the essential facts that were missing at the time of the decision on the payment of alimony.
Debt collection
This process takes place in court once.In the event of a change in marital, financial or economic position of the parties file a counter-statement to the bailiff.At the trial, this question will be addressed again, only if the first examination of the case the defendant concealed income from which is calculated the amount owed child support, or if the payer has died.In the second case, the balance owed will be charged to his heirs.
arrears of child support, which can be found by the methods described below, is calculated by bailiffs, and often repaid by deductions from the income of the debtor.Amounts lists accounting company.But even then control of the execution of the bailiff carries.
Learn amount of alimony debt
This type of foreclosure is a duty not only to a minor child, but also to the state.Therefore, all questions relating to the amount of debt, it is better to solve immediately.Specially for this purpose developed several services:
- Mobile applications for smartphones popular OC iPhone, Android, and Windows Phone at the request of the FSSP.
- Learn alimony debt is possible on the site of the same organization.On the main page of the service please click on the "data bank executive productions."Next, enter the registration area, personal information (full name, date of birth) and press "Start".Search takes place separately for legal entities and pre- eminence.As a result, the page will display all enforcement proceedings opened in the selected region.Right through this site page you can repay the debt, by clicking on "Pay".
- The site "Public services" tab in the "Electronic Government".
- A "data bank" Placed in social networks "VKontakte" and "Classmates".
arrears of alimony is to know in advance, so you do not have problems, for example, when traveling abroad.The receipt of information may also be interested in:
- other parent raising a child;
- tax authority;
- educational institution, which contains the child;
- parent's employer;
- banking institution if used for debt repayment loan;
- social services before deciding on the issuing of allowances and others.
Design procedures
1. According to the subsistence level in the region.The first method is used when the retention or appointed by the court are carried out by mutual agreement.The amount of contributions does not depend in this case on the revenue and assigned a multiple of subsistence minimum.The bailiff carries out the calculation on a quarterly basis.If the payments are not made, the basis for calculation is the last value.If the payer to fulfill its obligations, the amount of child support simply indexed.
example
scheduled payment of 150% of the minimum wage established in January this year.The calculation is September 30th.According to Rosstat, the value of the minimum wage for the III quarter of the region is 6432 rubles.The calculation takes place according to the formula: (1.5 x 6432) x 9 = 86 832 rubles.
2. The level of the average salary in the state.The second method is used if the payer has no documentary evidence of income or the official salary.The same method is used, if the debtor refuses to provide IP-primary financial documentation.Alimony is set as a proportion of income.During the period without incurring the average salary used at the moment.The result is multiplied by the number of months.
example
level of the average wage in Russia in the first quarter of 2013 amounts to 27,339.40 rubles.Court assigned child support in the amount of 25% of income in June 2012, but the payments did not occur.The bailiff carries out the calculation in February 2013:
(27339,40 x 0.25) x 8 = 54,678.80 rubles.
3. On the basis of the payer's income.The third technique is used, if the debtor has an official source of cash, but payment is not made.In this case, the bailiff shall deduct from the data about the level of wages of 13% personal income tax and multiplies the total by the number of months of delay.
example
Since March of this year, the company employee judgment has been entered on the payment of alimony in the amount of 1/3 of the salary level.According to the tax service employee income is 35 thousand. Rub.But from March to October, accounting deductions are not made.Calculation of duty carried out in such a way:
· 35 000 - 13% = 30450 rubles.- Salary after payment of personal income tax;
· 30450 \ 3 = 10,048.50 rubles.- Amount of support;
· 10048,50 x 7 = 70,339.50 rubles.- amount due.
Indexing
Since the end of 2011, unpaid child support, which you can learn the methods described above, is collected in a fixed amount.Monthly payments vary depending on the cost of living.To calculate the increase in the value of the minimum wage is used, the subject of the Russian Federation established by the Government or to a specific calendar period for the respective groups.In the case of evasion of duty by the Family Code provides for liability of the defaulter.It is collected in the form of a penalty for late payment and compensation for losses incurred on debt.
Conclusion
Most Russians alimony causes a lot of problems.Not knowing the exact amount, and not being able to communicate with the claimer, to fulfill the obligations is rather difficult.In order to prevent such problems have developed special services, through which you can pay the debts on alimony, learn the amount of debt, not even leaving home.Get this information the easiest way through the site and the FSS applications with the same name.
