Judicial practice on the penalty for alimony: the grounds for recovery and the amount of forfeit

Unfortunately, parents do not always pay alimony to their children who live separately from them. The reasons for this may be very different. However, before you do not fulfill your obligations, it is worth remembering that the Russian legislation provides for forfeit child support. Judicial practice in such cases shows that quite often not only the amount of debt is collected from debtors, but also penalties.

What is alimony?

The family legislation of the Russian Federation regulates the issues of pecuniary maintenance, which is provided by some members of the family in relation to others. Judicial practice on the penalty for child support shows that more often than not cases are initiated on issues of payments to underage children. In addition, there are alimony incapacitated parents, but such claims are much less likely to occur and lead to litigation.

Payment of alimony occurs on the basis of a court decision or by agreement of the parties. The amount of payments depends on the level of pay for the payer, as well as the number of children in need of maintenance. Failure to fulfill the debtor's obligations leads to the fact that he is awarded 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 should 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 underage children, a penalty for alimony may be presented to him (judicial practice). 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.).

Penalties for violators are charged daily, and after accumulating an impressive amount of alimony payers are brought to administrative or criminal responsibility. Below you will find detailed information on how the forfeit payment is calculated . Judicial practice shows that the law is always on the side of underage children. In civil law, this concept is one of the punitive measures against those citizens who violate their obligations. Family law does not provide other methods for punishing malicious defaulters.

What can a penalty 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 the penalty for maintenance payments shows that if one of the above conditions is violated, the defaulter can be sued in accordance with Law No. 115. Regardless of whether the second party (the claimant) requires payments from the debtor, the infringer is liable.

When you can not recover the penalty for child support?

It is worth noting that in some cases, non-payers can avoid liability for late payments. To this end, the debtor must present to the court a confirmation of the deterioration of his financial situation or a certificate from the medical institution confirming his illness. In such cases, forfeit is not collected for maintenance. Judicial practice shows that it is very often possible to cancel the imposed fines, presenting undeniable facts.

What is the amount of the penalty for child support?

Today, very often, judicial proceedings are started on issues of non-payment of alimony for minors. The requirements are put forward in accordance with Article No. 115 of the Family Code. In the event of delays in payment of a debt or payments in a smaller amount than established, defaulters are liable for non-payment of alimony. The calculation (judicial practice) can be both compulsory and voluntary. It is considered a penalty in accordance with the delay in days. The final amount is set in national currency.

Judicial practice on the penalty for maintenance payments shows that sometimes penalties for non-payers are not charged, for example, due to a sudden deterioration in financial position or a serious illness. The agreement of the parties can make together and settle a question of the penalty. Otherwise, payments are made by a court decision. It is calculated at a rate of 0.5% of the amount of debt for each day.

Begin to calculate penalties from the first day after the debtor has stopped making payments. For example, a party must pay alimony on a monthly basis until the 15th day. 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 can prove in court that the lack of payments caused serious losses and demand additional compensation. Its amount is established with the deduction of the amounts, which the forfeit did not cover. Such a sanction plays the role of additional guarantees that the debtor will fulfill its obligations.

Is there a legal limitation period

It is worth noting that has a penalty (alimony) , the limitation period. Judicial practice shows that fines accrue only for the last three years. At the same time, the basic amount of alimony does not have a statute of limitations and in any case is recovered from a defaulter.

Some defaulters assume that the debts will disappear after reaching the age of majority as a child, but this is not entirely true. They can be demanded by both the child himself and the second parent even after reaching the 18th birthday.

Types of foreclosure

The legislation of the Russian Federation presupposes several ways, how can a forfeit of alimony be recovered. Judicial practice refusal is considered only if there are valid reasons. In other cases, the defaulter will have to pay a fine.

There are two types of penalty: legal and contractual. For example, if the parents peacefully agreed with each other, the compensation can be set in the amount that suits both sides. It's another matter if the agreement was not reached and the court appoints a penalty. In the first case, the minimum and maximum penalties do not exist, and in the second 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 connected with alimony, 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 governed by Article 32 of the Family Code.

Package of documents for payment

To start legal proceedings, you need to apply to the court with a statement. In addition, the plaintiff will need copies of the judgment and the writ of execution (taken from the bailiffs). The decree on calculating the debt is also taken from the bailiff, who is dealing with this case. Additionally, a child's birth certificate and a forfeit calculation are required.

State fee

It is important to note that any legal proceedings require the payment of state fees. It is determined in accordance with the prescription of 333 articles of the Tax Code of Russia. Based on it, the amount of state duty must be at least 4% of the total amount of the claim. In addition, when applying to the court, 100 rubles are collected from the plaintiff. Lawyers recommend just paying the mandatory fee, and a percentage of the requirements, if they are met, later. The point is that a penalty in the process of legal proceedings can change.

Arbitrage practice

Parents after the divorce must remember their obligations and strictly enforce them. For example, do not forget that all debts have a statute of limitations, so you need to file a claim for recovery of the penalty as early as possible, because in the event of a long absence of payments, the debtor will be assessed only for the last 36 months. In some cases, the sanction can not be assessed at all, for example, if the debt was formed not through the fault of the defendant. This happens when, after the alimony is awarded, the plaintiff does not apply to the bailiff service.

Judicial practice on the penalty for maintenance payments shows that evidence is required to charge any fines. The debtor can be released from the forfeit altogether or significantly reduced. For this, the payer must also show evidence of a difficult financial situation, a reduction in work or illness.

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

Reduction of the penalty for maintenance: court practice

Sometimes the accrued fines seem overwhelming to the respondent, and he handles a counterclaim about a possible reduction. However, before submitting an application, it should be taken into account that the judge decides in favor of reducing the payments only if there are legitimate grounds for doing so. Below are a few examples of cases where citizens were in demand reduction in penalties for child support. Judicial practice shows the following.

The court did not reduce the forfeit on maintenance payments, collected in full:

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

Payment of penalty for maintenance: failure

Unfortunately, unscrupulous parents can find a variety of reasons, if only to not pay the debt for maintenance to their children. The most popular thing is the lack of a permanent place of work for the defendant. However, this fact is not the reason, because you can charge payments in a hard cash amount. The penalty is collected only if the recipient of alimony has transferred the court decision to the bailiff service, which in the future is engaged in recovery.

It often happens that the amount of the fine is huge, and the defaulter does not have the ability to repay the debt. The penalty is reduced only if there are serious grounds. As them, the documented deterioration of the respondent's health, reduction in service, and other reasons are accepted. If there are grounds, the payer may apply to the court with a refusal of the penalty or an application for review of the fine. The debtor is obliged to prove that he was trying to improve his financial situation and these attempts were unsuccessful.