How to find out the child support debt?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today, for most citizens, withholding alimony causes a lot of difficulties. Some try to get away from their duties, hide income, play for time. In such cases, the recovery has to be carried out through bailiffs. For more information on how and where to find out alimony arrears, read later in this article.

Reasons

Debt on alimony arises due to their non-payment or transfer of an amount in an amount smaller than that established by a court decision. There can be many reasons:

• deliberate payment evasion;
• lack of ability to repay debt due to illness, unemployment or life circumstances;
• erroneous deduction of underestimated amounts by the accounting department;
• failure to provide information about details;
• Recipient's rejection of transfers;
• and many others.

Each of these cases is regulated by the Family Code of the Russian Federation.

Calculation

Determination of debt on alimony provides a bailiff. To do this, he requests information about income for the period of debt. Based on these data, the calculation is carried out. The determination is made from the moment of collection to the repayment of the debt. If the payer did not fulfill his obligations for good reasons (illness, salary delays, lack of work, etc.), then three years are taken into account, otherwise - the entire period of debt.

And in the period of time in which the debtor did not work or did not submit documents confirming the amount of income, the calculation is made from the amount of average earnings. If the amount of alimony arrears is calculated incorrectly, then the bailiff's decision can be appealed in court.

The judicial act on the imposition of punishment for an administrative offense falls to the bailiff after the expiration of the appeal period, and in some cases - the period of voluntary execution. Therefore, you should find out in advance what kind of alimony arrears exist, so that later you do not pay late fees.

Release from obligations

If the repayment of the debt occurs by agreement of the parties, then it is possible to agree on the termination of payment. If alimony is paid for children, then it is possible to be released from the obligation only through the court, and then in the presence of significant circumstances that were absent at the time the decision on the payment of alimony was made.

Debt collection

This process happens through the court once. In case of changefamily, financial or property status of the parties, a counter application is submitted to the bailiff. At the court, a similar issue will be resolved again only if, during the first consideration of the case, the defendant hid the income from which the amount of alimony arrears is calculated, or if the payer has died. In the second case, the balance of the debt will be recovered from his heirs.

Alimony debt, which can be found out by the methods described below, is calculated by bailiffs, and is most often repaid by deductions from the debtor's income. The amounts are listed by the accounting department of the enterprise. But even then, the bailiff controls the execution of the decision.

Find out the amount of child support arrears

This type of pen alty is a debt not only to a minor child, but also to the state. Therefore, all issues related to the amount of debt, it is better to resolve immediately. Several services have been developed specifically for this purpose:

Mobile applications for smartphones with popular OC iPhone, Android, and Windows Phone upon request of the FSSP

• You can find out the debt on alimony on the website of the same organization. On the main page of the service, you must click on the "Data Bank of Enforcement Proceedings" button. Next, enter the region of registration, personal data (full name, date of birth) and click "Start". The search takes place separately for individuals and legal entities. As a result, all enforcement proceedings opened in the selected region will appear on the page. Directlythrough this page of the site you can pay off the debt by clicking on the "Pay" button.
• On the State Services website, in the Electronic Government tab.
• Through the "Data Bank" posted on the social networks "VKontakte" and "Odnoklassniki".

It is worth finding out about alimony debt in advance so that later there are no problems, for example, when traveling abroad. You may also be interested in receiving information:

• second parent raising a child;
• tax authority;
• educational institution where the child is kept;
• parent's employer;
• banking institution, if a loan is used to repay a debt;
• social services before deciding on benefits, etc.

Calculation methods

1. By the value of the subsistence minimum in the region. The first method is used if the deductions are appointed by the court or are carried out by agreement of the parties. The amount of deductions in this case does not depend on income and is assigned as a multiple of the subsistence minimum. The bailiff conducts the calculation quarterly. If no payments are made, then the last value serves as the basis for calculations. If the payer fulfills his obligations, then the amount of alimony is simply indexed.

Example

Payment is assigned in the amount of 150% of the minimum wage established since January of this year. The calculation is carried out on September 30. ByAccording to Rosstat, the value of the minimum wage for the III quarter for the region is 6432 rubles. The calculation is carried out according to the formula: (1.5 x 6432) x 9=86832 rubles

2. According to the level of the average salary in the state. The second method is used if the payer does not have documentary evidence of income or official salary. The same method applies if the IP debtor refuses to provide primary financial documentation. Alimony is set as a share of earnings. For the period without accruals, the average salary at the current moment is used. The result is multiplied by the number of months.

Example

The average salary in Russia for the first quarter of 2013 is 27,339.40 rubles. The court ordered alimony in the amount of 25% of income from June 2012, but the payments were never made. The bailiff makes the calculation in February 2013:

(27339, 40 x 0.25) x 8=54678, 80 RUB

3. Based on the income of the payer. The third method is used if the debtor has an official source of funds, but no payments were made. In this case, the bailiff subtracts 13% of personal income tax from the data on the salary level and multiplies the amount by the number of months of delay.

Example

Since March of this year, the court made a decision to pay alimony in the amount of 1/3 of the salary level to an employee of the enterprise. According to the tax service, the employee's income is 35 thousand rubles. But from March to October, the accounting department did not make any deductions. The calculation of the debt is carried out in this way:

35,000 - 13%=30450 rubles. – salary after payment of personal income tax;

30450 / 3 \u003d 10048, 50 rubles. – amount of alimony;

10048, 50 x 7.=70339, 50 rubles. – amount of debt.

Indexation

From the end of 2011, child support arrears, which can be found out in the ways described above, are collected in a fixed amount. The amount of monthly payments varies depending on the cost of living. For calculations, the increase in the minimum wage value established by the subject of the Russian Federation or the Government for a certain calendar period for the corresponding population group is used. In case of debt evasion, the Family Code provides for the liability of the defaulter. It is collected in the form of a pen alty for delay and compensation for losses incurred on the debt.

Conclusion

For most Russians, withholding alimony causes a lot of problems. Without knowing the exact amount and not being able to contact the claimant, it is rather difficult to fulfill obligations. In order to prevent such problems, special services have been developed through which you can pay child support arrears, find out the amount of the debt, without even leaving your home. The easiest way to get such information is through the FSS website and applications of the same name.