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Who should calculate the forfeit on alimony? Judicial practice on the penalty for alimony: grounds for recovery and the amount of the penalty

If by law or by agreement of one of the parties for breach of obligations to pay a penalty, its recipient, of course, seeks to recover the fine due in his favor in the largest amount.

Just as natural is the desire of the defendant to minimize the payment.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Grounds for paying interest on debt

Forfeit - a fine that the payer of alimony pays if they are not paid on time.

The penalty differs from the principal debt in that it can be recovered only in case of guilty behavior defendant, which the plaintiff must prove.

The defendant does not have to prove his innocence draw the attention of the court that his guilt has not been proven. But convincing evidence of innocence, of course, will be in his favor. Penalty in any case is calculated only if the defendant is at fault.

The payment of a penalty is provided for in Art. 115 UK, Art. 330 GK.

The defendant, obliged to pay alimony in shares of the salary, in their non-payment Guilty only in the following cases:

  • He directly refused to pay the alimony awarded by the court;
  • He deliberately concealed from the recipient of alimony, the bailiff his location, place of work, amount of income, gave false information about them, reasonably put on the wanted list;
  • Receiving income other than wages, the defendant concealed the fact of their receipt or distorted the amount, which was subsequently documented;
  • He was not listed anywhere in certain periods of his biography as employed or, and did not transfer child support during these days in the amount of the share of the average salary in the Russian Federation established by a court decision;
  • He continued to refuse to pay alimony, despite the fact that he was brought to administrative responsibility under Part 1 of Art. 17.14 Art. 17.8, Art. 19.7 h. 1 art. 20.25 KoA;
  • More than two times he was reasonably warned by the bailiff about bringing to criminal responsibility;
  • Has been in debt for more than four months.

Maliciousness of non-payment of alimony is established by the court.

The defendant has the right to prove his innocence if non-payment occurred due to loss, job search, non-payment of wages, negligence of bailiffs, the employer, through the fault of banks, or other valid reasons.

How to calculate correctly and who should do it?

The amount of the penalty is calculated bailiff on application alimony recipient.

Alimony penalty calculated by drawing up a table, in the columns on the left side of which the dates of due payments and their amounts are indicated, on the right - the actual repayment of debt for each of them.

In the third column, we calculate the number of calendar days that have elapsed between the second and first dates, in the fourth - the amount of payments is multiplied by the difference in dates and by a factor of 0.005. The data of the fourth column are added up, and the total amount for the penalty is obtained.

This table is usually compiled by the bailiff responsible for collecting alimony, at the request of their recipient. This table claimant attached to the application to the court. The court decides with or without the participation of the defendant.

Alimony is accrued from all types of income of the defendant. Alimony from the unemployed, registered in accordance with Federal Law 1032-11, is levied in the same way as alimony from citizens who have income from hired labor.

The plaintiff or the bailiff find out in which particular employment center the defendant is registered, and send a writ of execution there.

Farther responsibility for timely payment alimony for the unemployment benefit paid to the defendant is borne by the chief accountant of the employment center. If he does not list them on time, it is his fault, not the defendant.

If the defendant gave money for children as a gift, this will not be included in the payment of child support arrears.

Formula

The alimony debtor pays the recipient a penalty 0.5% for each day of delay. If the penalty established by law does not cover the real losses of the plaintiff, he has the right to demand an increase in it.

The amount of the penalty \u003d (debt per month) x 0.005 x (number of days of delay)

Consider example calculation of the penalty for alimony payments.

Alimony debt amounted to:

for May- 20 thousand rubles.

for June- 22 thousand rubles.

for July- 25 thousand rubles.

We believe:

  1. 20 tr. (debt for May) x 31 x 0.005 \u003d 3100 rubles. - penalty on June 1, 2016;
  2. 42 tr. (debt for June + for May) x 29 x 0.005 \u003d 6090 rubles. - penalty on July 1, 2016;
  3. 67 tr. (debt for July + for June + for May) x 31 x 0.005 \u003d 10385 rubles. - penalty on August 1, 2016.

Is sick leave payable? The answer is in the next one.

  1. Debt for May - 20 thousand rubles. Days of delay on the first of June 91, a penalty of 9100 rubles. (20000 x 0.005 x 91);
  2. for June - 22 thousand rubles. Days on July 1 60, penalty 6600 rubles. (22000 x 0.005 x 60);
  3. for July - 25 thousand rubles. Days on August 1, 31, a penalty of 3875 rubles. (25000 x 0.005 x 31).

Total as of 01 August for alimony, the debt is 67 thousand rubles, the penalty is 19575 rubles. (the sum of three numbers).

Collection procedure

Where to apply?

With the accumulation of debt on alimony, the recoverer must take urgent measures to collect them. If the amount of the claim is up to 50 thousand rubles, it is necessary to apply to the world court, if it exceeds this amount - to the district (city) court.

Required documents:

  • Identification;
  • Birth certificate of the child;
  • Personal statement;
  • The court's decision;
  • Calculation of the penalty signed by the bailiff;
  • Evidence of the defendant's guilt.

The amount of the state duty

State duty when considering cases related to alimony, not paid(clause 15 clause 1 article 333.36 of the Tax Code).

Limitation period

With no guilt the defendant's debt is calculated for a period of three years prior to the filing date of the claim, if available- no time limit.

At the same time, it should be taken into account that after the children reach the age of 18, it will be very problematic to collect debts and penalties.

Here there may be, especially with many years of debt, questions about why the mother did not take measures to collect it earlier, when the children themselves needed it, who, after reaching the age of majority, can live separately and do not need support; for what purposes the collected debt will now be spent.

The word "alimony" in translation - "money for food." That is, funds paid after the age of majority of children will obviously go past the goal. In addition, adult children do not need a representative and can themselves claim arrears in alimony for their maintenance at the age of 18 years.

Compiling a claim

In a statement of claim plaintiff indicates the name of the court, its data, the data of the defendant, sets out the essence of the requirement, a list of attached documents.

Sample claim for the recovery of a forfeit on alimony payments: Download the form.

The court's decision

positive

Judicial sitting carried out in the presence both parties, or in the absence of one or both of them.

The court makes a decision on the basis of which enforcement proceedings are initiated, which is issued, which is sent to the bailiff of the SSP.

The bailiff recovers the amount indicated in the writ of execution in accordance with its powers established by No. 229-FZ.

In order to secure her payment, he has the right to oblige the employer the defendant to deduct the funds necessary for its repayment from the salary of the defendant, to seize his property. The plaintiff has the right to control the actions of the bailiff, to achieve their effectiveness in the instances.

According to Article 195 of the Civil Code, the court decision must be justified and legal, Article 198 - it must be motivated.

Refusal

By skillful selection of documents and arguments, the defendant can reduce the penalty due to him or even reduce it to zero.

Main reason for refusal in the calculation or reduction of the amount of the penalty is contained in the second paragraph 330 of the article of the Civil Code, which defines the very concept of the penalty.

It says that if the debtor does not bear responsibility for the complete or partial failure to fulfill his obligations, the creditor is not entitled to demand a penalty from him.

We analyze the question: is it possible to apply for alimony payments while being legally married? The answer is in this one.

Changing the amount for late payments

Applicant's lack of evidence the defendant's guilt for failure to fulfill certain obligations is already grounds for their exclusion from the taxable base.

More stronger arguments for such a decision are evidence that the defendant is not guilty of non-fulfillment of obligations, that the plaintiff is guilty of this. Reducing the penalty is made in accordance with Art. 404 GK.

Such evidence can be:

  • personal letters;
  • audio-video recordings;
  • joint photos;
  • printouts of communication in social networks, on websites, by e-mail;
  • accounting data of the defendant's employer, etc.

For non-payment of the penalty within the period provided for by the Code of Administrative Offenses, the defendant is liable under Part 1 of Art. 20.25 Administrative Code.

Examples from judicial practice

Example 1

Plaintiff A. sued defendant B. for a penalty of 440,884 rubles for late payment of alimony in the amount of 263,213 rubles, based on 0.5% of the debt per day of delay.

The magistrate reduced up to 5,000 rubles, based on the fact that the defendant's salary of 4,500 rubles a month does not allow him to pay a penalty in this amount.

The city court agreed with this decision on appeal.

The regional court, having considered the case on appeal, noted that the debt arose through the fault of the employer, who, having received a writ of execution, unreasonably did not transfer alimony to the plaintiff at the request of the defendant, although he had no legal grounds for this.

In addition, the court the plaintiff's daughter was not summoned who had reached the age of majority by the time of the trial. The court sent the case back for retrial by a justice of the peace.

Example 2

Citizen M. filed a lawsuit against Y. for the recovery of a penalty of 15635 rubles. in connection with the existing debt of 42,036 rubles. Y. - deprived of parental rights. M. is the grandmother of the minor V., appointed guardian.

World the judge granted the plaintiff's demands. Considering the appeal, the district court found errors in the calculation of the amount of the penalty by the bailiff.

Besides, was taken into account the property status of the defendant, who has dependent two minor children before another marriage. The court ruled to recover from the defendant a penalty in the amount of 13,656 rubles.


Court decisions based on the application of the norms of Articles 81, 115, 117 of the Family Code of the Russian Federation.

Art. 81 RF IC. The amount of alimony collected for minor children in court

Art. 115 RF IC. Liability for late payment of alimony

Art. 117 RF IC. Alimony indexation

Arbitrage practice

    Decree No. 44G-126/2018 4G-1197/2018 dated August 29, 2018 in case No. 44G-126/2018

    Supreme Court of the Republic of Dagestan (Republic of Dagestan) - Civil and administrative

    1/4 of wages and other income monthly. Thus, 50% of earnings are withheld from him monthly, while in accordance with paragraph 1 of Art. 81 of the Family Code of the Russian Federation, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, ...

    Decree No. 44G-22/2018 4G-734/2018 dated August 27, 2018 in case No. 2-612-5/2016

    Tver Regional Court (Tver Region) - Civil and administrative

    In resolving the case on the merits, it is seen that along with the requirement for the recovery of alimony as a share of earnings and (or) other income Chistova R.A. (Art. 81 RF IC) E.G. Chistovoi a claim was made for the recovery of alimony on the basis of paragraph two of paragraph 2 of Article 107 of the Family Code of the Russian Federation for the time preceding the filing ...

    Decision No. 2-3077/2018 2-3077/2018~M-2431/2018 M-2431/2018 dated July 30, 2018 in case No. 2-3077/2018

    Kirovsky District Court of Samara (Samara Region) - Civil and administrative

    YYYY the plaintiff received a response from the defendant, from which it follows that the bank indexed the exacted alimony in accordance with the requirements provided for in paragraph 1 of Art. 117 RF IC. Starting from March 2018, the amount of monthly alimony withholding is 6,537.81 rubles. The defendant refused to restore the violated right. He considers that the defendant arbitrarily without ...

    Decision No. 2-986/2018 2-986/2018~M-672/2018 M-672/2018 dated July 27, 2018 in case No. 2-986/2018

    Takhtamukaysky District Court (Republic of Adygea) - Civil and administrative

    In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding. By virtue of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two ...

    Decision No. 2-559/2018 2-559/2018~M-445/2018 M-445/2018 dated July 26, 2018 in case No. 2-559/2018

    Sosnogorsk City Court (Komi Republic) - Civil and administrative

    on which the alimony was paid. The grounds specified in the law, taking into account which the return of alimony is possible, have not been established by the court in the case. In accordance with Part.5 Article. 117 of the RF IC, in case of disagreement with the determination of alimony debt by a bailiff, any of the parties may appeal against the actions of a bailiff in the manner prescribed by civil procedural legislation. Based...

    Decision No. 2-1254/2018 2-1254/2018~M-1272/2018 M-1272/2018 dated July 26, 2018 in case No. 2-1254/2018

    Ust-Labinsky District Court (Krasnodar Territory) - Civil and administrative

    S.I. DD.MM.YYYY. birth size? parts of all types of earnings monthly from the date of submission of this application. In accordance with Part 1 of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two ...

    Decision No. 2-2968/2018 2-2968/2018~M-2383/2018 M-2383/2018 dated July 26, 2018 in case No. 2-2968/2018

    Volzhsky city court (Volgograd region) - Civil and administrative

    Alimony in favor of p.p. for the maintenance of a minor son in the amount of 1/10 of all types of earnings. Thus, the total amount of alimony collected exceeds the established Art. 81 of the RF IC the amount of alimony (for three or more children - half of the earnings). Therefore, he asks to change the agreement on the payment of alimony for the maintenance of the child from "."..g., certified by a notary ...

    Decision No. 2A-827/2018 2A-827/2018~M-727/2018 M-727/2018 dated July 25, 2018 in case No. 2A-827/2018

    Lensky District Court (Republic of Sakha (Yakutia)) - Civil and administrative

    Debts on the day of consideration of an administrative claim to eliminate obstacles to the claimant going to court with a requirement to calculate the penalty for alimony in accordance with Article 115 of the RF IC, send resolutions to the claimant; make decisions on the calculation of alimony arrears for the period from 03/01/2018 to the day the court decision is made in ...

Below is a calculator for calculating the penalty for alimony online:

With this information, it is quite possible to go to court, or at least determine the amount of recovery in the course of the execution of a settlement agreement on the payment of alimony.

What you need to know about child support payments

First, maintenance per child must be collected continuously and in full. With any temporary delay in payment, we can talk about the presence of a debt and the need to calculate alimony and pay a penalty. And it doesn't matter if a man is unemployed or not, the calculation is the same for everyone.

Secondly, the penalty and other penalty payments are established and collected only by a court decision. For a daily delay in payment of the financial support of a minor, an amount equal to ½ percent of the total debt should be charged.

Thirdly, before filing a lawsuit with a court for the award of a penalty for late payment of alimony, you must apply to the bailiff service with an application for issuing a decision on the calculation of alimony arrears. It contains the following information:

  1. period of collection of alimony;
  2. The period for which the debt was formed;
  3. The amount of debt and its calculation at the time of preparation of the document.

Calculation of the penalty using a calculator

When all the data are known, it is necessary to proceed to the main calculation. A unique service will simplify this mechanism - an online calculator for calculating penalty payments, including penalties, for maintenance obligations. Thanks to this assistant, it is easier for the plaintiff to determine the amount of the claim, which must necessarily be in the requirements of a material nature.

To check the data received from the bailiffs, you can use the online alimony calculator. With it, it will be clear whether all the amounts are accurately determined and nothing is missed.

How it works

The online calculator is based on the calculation formula used by all plaintiffs (or their legal representatives) as a standard. That is, one day of delay in payment = 0.5 percent of the amount owed for one month.

If the former spouses have entered into a settlement agreement on the recovery of alimony from a notary, they can fundamentally change this number and then it will be necessary to calculate the amount of the claim based on other values.

A non-working alimony payer must pay, by law, either the amount established by the court, which is equal to the minimum subsistence level, or ¼ of the average monthly salary in the Russian Federation.

In the presented calculator for calculating the penalty for alimony, you can fill in both your data and resort to the “default” settings (compiled on the basis of civil law).

Additional Calculator Features: Useful Facts

The information obtained in the online calculator can be issued in the form of a document - the calculation of claims and made an annex to the statement of claim.

It is better to distribute the amount by months, and then bring all the data into a single total, in accordance with the decision on the calculation of the debt, which was issued to you by the bailiff conducting the enforcement proceedings. So the judge will understand the requirements and the consideration of the case (including the issuance of the final decision) will be much less time-consuming.

Unfortunately, parents do not always pay alimony to their children who live separately from them. The reasons for this can be very different. However, before not fulfilling your obligations, it is worth remembering that the legislation of the Russian Federation provides for a penalty for alimony. Judicial practice in such cases shows that quite often debtors are charged not only the amount of the debt, but also

What is alimony

The Russian Federation regulates the issues of monetary maintenance, which is provided by some family members in relation to others. Judicial practice on alimony penalties shows that most often cases are initiated on issues of payment of funds to minor children. In addition, there are alimony for incapacitated parents, but such claims are much less common and lead to litigation.

Alimony is paid on the basis of a court decision or by agreement of the parties. The amount of payments depends on the level of wages of the payer, as well as the number of children in need of maintenance. Failure to fulfill the obligations of the debtor leads to the fact that he is assigned a penalty for non-payment of alimony. Judicial practice knows many cases when negligent debtors were given large fines for non-payment of money for the maintenance of children. In any case, one must be aware that failure to perform or untimely performance of duties always leads to punishment.

Penalty in civil law

If for some reason a citizen does not transfer money for the maintenance of minor children, he may be charged a penalty for alimony (jurisprudence). Refusal of this presentation can be perceived as another violation of the law, unless the debtor had good reasons for stopping payments (illness, difficult financial situation, etc.).

Fines for violators are accrued daily, and after the accumulation of an impressive amount of alimony payers, they are brought to administrative or criminal liability. Below is detailed information on how the penalty for alimony is calculated. Judicial practice shows that the law is always on the side of minor children. In civil law, this concept is one of the punitive measures against those citizens who violate their obligations. Family law does not provide for other methods to punish persistent non-payers.

What can be charged for?

From the moment when a citizen of the Russian Federation is obliged to pay money for the maintenance of a close relative (most often a minor child), he must make payments in the prescribed amount and on time. Judicial practice on alimony penalties shows that if one of the listed conditions is violated, a civil claim may be brought against the non-payer in accordance with Article 115 of Law. Regardless of whether the other party (the plaintiff) requires payments from the debtor, the offender is charged with a penalty.

When is it impossible to collect a forfeit on alimony?

It is worth noting that in some cases defaulters can avoid liability for late payments. To do this, the debtor must present to the court confirmation of the deterioration of his financial situation or certificates from a medical institution confirming his illness. In such cases, no penalty for alimony is collected. Judicial practice shows that very often it is possible to cancel the imposed fines by presenting undeniable facts.

How much is the penalty for child support?

Today, court proceedings are very often initiated on issues of non-payment of alimony in relation to minor children. The demands are put forward in accordance with Article No. 115 of the Family Code. In case of delays in payment of the debt or payments in a smaller amount than established, non-payers are charged a penalty for non-payment of alimony. Calculation (court practice) can be both compulsory and voluntary. It is calculated according to the delay in days. The final amount is shown in national currency.

Judicial practice on alimony penalties shows that sometimes penalties are not charged to non-payers, for example, due to a sudden deterioration in their financial situation or a serious illness. The parties can draw up an agreement together and settle the issue of a penalty. Otherwise, payments are made by court order. It is calculated in the amount of 0.5% of the amount owed for each day.

Penalties begin to accrue from the first day after the debtor stopped making payments. For example, a party must pay alimony monthly by the 15th. In case of delay, already from the 16th there is a penalty. In addition, the guardian or parent of a child who is dependent on a minor may prove in court that the lack of payment caused serious damages and demand additional compensation. Its size is established minus the amounts that the penalty did not cover. Such a sanction plays the role of additional guarantees that the debtor will fulfill its obligations.

Are there legal statutes of limitations?

It should be noted that the penalty (alimony) has a statute of limitations. Judicial practice shows that fines are charged only for the last three years. At the same time, the main amount of alimony does not have a statute of limitations and in any case is collected from the non-payer.

Some defaulters assume that the debts will disappear after the child reaches the age of majority, but this is not entirely true. They may be required by both the child himself and the second parent, even after reaching the age of 18.

Recovery options

The legislation of the Russian Federation provides for several ways how a penalty for alimony can be collected. Judicial practice considers refusal only if there are good reasons. In other cases, the non-payer will have to pay a fine.

There are two types of forfeit: legal and contractual. For example, if the parents have amicably agreed with each other, then compensation can be set at an amount that suits both parties. Another thing is if it was not possible to reach an agreement and the court appoints a penalty. In the first case, there are no minimum and maximum penalties, and in the second case, the payment is calculated at a rate of 0.5% per day, in accordance with the law.

Jurisdiction

Another issue that may worry parents planning to sue is territorial jurisdiction. It is determined by the Code of Civil Procedure. If the case is related to alimony, then the application is submitted to the nearest court at the place of residence of the plaintiff. If the parents peacefully agreed on payments, then the relationship between them is regulated by Article No. 32 of the Family Code.

Package of documents for payment

To start legal proceedings, you must apply to the court with a statement. In addition, the plaintiff will require copies of and (taken from bailiffs). The resolution on the calculation of the debt is also taken from the bailiff who deals with this case. Additionally, you will need a birth certificate of the child and the calculation of the penalty.

State duty

It is important to note that any legal proceedings require the payment of a state fee. It is determined in accordance with the prescription of Article 333 of the Tax Code of Russia. Based on it, the amount of the state duty must be at least 4% of the total amount of the claim. Additionally, when filing an application with the court, 100 rubles are collected from the plaintiff. Lawyers recommend just paying the mandatory fee, and the percentage of the requirements, if satisfied, to be paid later. The fact is that the penalty in the process of legal proceedings can change.

Arbitrage practice

Parents after a divorce must remember their obligations and strictly fulfill them. For example, do not forget that all debts have a statute of limitations, so you need to file a claim to recover a penalty as early as possible, because in the event of a long absence of payments, the debtor will be charged payments only for the last 36 months. In some cases, a sanction cannot be charged at all, for example, if the debt was formed through no fault of the defendant. This happens when, after the award of alimony, the plaintiff does not apply to the bailiff service.

Judicial practice on alimony penalties shows that evidence is required to charge any fines. The debtor can be released from the penalty altogether or significantly reduce it. To do this, the payer must also show evidence of a complex reduction in work or illness.

In any case, negligent parents should remember their obligations and not avoid debts, but make payments on time to avoid problems. Non-payment is also subject to criminal liability. For example, the defendant may be sent to forced labor or placed under arrest. In addition, non-payers are sometimes deprived of parental rights, as practice in such cases shows. With such an outcome, a negligent father or mother cannot communicate with the child and claim his help in old age.

Reducing the penalty for alimony: judicial practice

Sometimes the accrued fines seem unbearable to the defendant, and he files a counterclaim for a possible reduction. However, before submitting an application, it should be noted that the judge decides in favor of reducing payments only if there are legal grounds for doing so. Below are a few examples of cases where citizens demanded a reduction in the alimony penalty. Judicial practice shows the following.

The court did not reduce the penalty for alimony, recovered in full:

  1. The Susumansky District Court of the Magadan Region in 2011 considered the application and left the amount of payments unchanged. The size of the fine exceeded the amount of unpaid funds, but children are a socially unprotected category of the population, so the negligent father was obliged to pay alimony and a penalty in full.
  2. In the same year, the Kirovsky District Court in Khabarovsk considered the penalty case, as a result of which the amount of the fine was reduced. The decision was made taking into account the disproportionate demand for payments, marital status and income level in the defendant's family.

Payment of forfeit on alimony: refusal

Unfortunately, unscrupulous parents can find a variety of reasons not to pay child support arrears. The most popular is the lack of a permanent place of work for the defendant. However, this fact is not the reason, because payments can be accrued in a fixed amount of money. The penalty is collected only if the recipient of the alimony transferred the court decision to the bailiff service, which subsequently deals with recovery.

It often happens that the size of the fine accumulates huge, and the defaulter is unable to repay the debt. The penalty is reduced only if there are serious grounds. As they are accepted documented deterioration in the health of the defendant, reduction in service, as well as other reasons. If there are grounds, the payer may apply to the court with a waiver of the penalty or an application for reconsideration of the amount of the fine. The debtor is obliged to prove that he tried to improve his financial situation and these attempts were unsuccessful.

Alimony must be paid regularly and without fail. This is the responsibility of the parent to whom they are assigned. Avoiding them, as well as for their delay, you can get a penalty for alimony.

If the child support agreement provides for a different late payment percentage, enter this percentage (entry example: 5% = 5).

What is a forfeit on alimony

The penalty for late payment of alimony is expressed in penalties, and is imputed to the parent for failure to fulfill the obligation to provide for the child. In a way, this is also a certain motivator for complying with the executive decision, since the fine in this case is not small, but grows in proportion to time.

Collection can be of two types:

In any of these two types of fines, the debt will be calculated every day, and its accrual will be terminated only when it is fully repaid. For a penalty on alimony, judicial practice does not cause much joy among the payers, so they try to strictly comply with the instructions of the bailiffs.

Formula for calculation

If there is a need to file a lawsuit to impose a fine, then you need to know how to calculate the penalty for alimony. Who is counting it? You can calculate it yourself, then the employees of the bailiff service will accurately calculate the amount. The calculation of the penalty for alimony is carried out according to a certain formula. It takes into account the appointed amount of alimony, the time of delay, the interest on the penalty established by law.

Amount of debt \u003d Payment of alimony * days of delay * 0.5%.

If you look at this in numbers, so that you can clearly see what a large fine can be for an unpaid period, you get the following.

For example, the amount for alimony is 8,000 rubles. The parent did not pay for 2 months.

The total amount of debt will be 16,000 rubles.

Let's move on to the calculation.

The amount of debt \u003d 16000 * 61 days * 0.5 \u003d 4880 rubles.

Therefore, we can say, using the alimony calculator, it is clear that it is very unprofitable to bring the matter to such a situation without paying the debt, the penalty for late payment will only grow.

How to collect

The basis for collecting a penalty for non-payment of alimony is the actual non-receipt of funds for the child. How to recover a forfeit on alimony you need to file a claim. A claim for the recovery of a forfeit for alimony is filed with the court in your place of residence. It is necessary to correctly fill out a statement of claim for the recovery of a penalty for alimony. To do this, use the online sample on our website. The claim must be accompanied by a calculation of the penalty. To do this, you need to contact the bailiffs conducting the enforcement case, he confirms the fact of the delay and calculates the penalty.

Copies of the following must be attached to the claim:

  • court decision on the appointment of alimony;
  • writ of execution;
  • birth certificates of the child (children);
  • decisions of the bailiff on debt, calculation of debt;
  • receipt of payment of state duty. The amount of the state duty depends on the amount of the claim.

The obligation to pay interest for non-payment arises in any of the above methods of appointment, both contractual and legal. In any of these cases, a statement of claim is written for the recovery of a penalty for alimony.

Liability for non-payment

Also, when imputing the payment of a penalty, it is possible to recover compensation for losses incurred during the absence of cash receipts. When filing a claim for a forfeit on alimony, and indicating such a requirement, the plaintiff will have to arm himself with irrefutable evidence of this fact.

The first will need to prove that he paid certain payments that were previously made from the funds received for the maintenance of the child by the other parent, and therefore, during the absence of these payments, they had to be paid by himself. At the same time, the second participant can prove his innocence in the late transfer of funds for the child, if there was a good reason for that.

There are cases when the payer's fault is absent:

  • heavy financial condition, confirmed by documents;
  • administrative leave initiated by the employer due to lack of work;
  • a severe and prolonged illness that prevents you from working and earning an income.

But if the jurisdiction of the defaulter is proved, and he still continues to evade its payment and the imposed fines, then he can be held criminally liable, which will entail arrest for up to 3 months.

Financial support is the responsibility of a parent who does not want to properly support their child. Therefore, this issue should not be left unattended, it is necessary to strictly monitor the transfer of funds. And in case of their absence, take all steps to correct the situation. The law is always on the side of the child and will exert its influence on the defaulter.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the site, and our lawyers will advise you for free!