Advice 1: As the bailiffs collect debts for alimony

The recovery of arrears of alimony can be accomplished in several ways, including the adoption of restrictive measures against the debtor's property. Often a required preliminary step is to search for the payer of the alimony, because of their dishonesty in hiding from the execution of the relevant duties.
As the bailiffs collect debts for alimony
The law on Executive procedure allows bailiffs to use an Arsenal of tools aimed at recovery of arrears of alimony. After receipt of the writ and the commencement of the first priority is to determine the location of the debtor's current place of work. As payers of child support at the stage of their enforcement often leave the family, can move to another town, change jobs or sell a property, this task becomes quite difficult. With the aim of tracing a debtor can be checked contacts his relatives and friends, carried out the requests to the competent state authorities about the presence of this citizen's property (real estate, vehicles).

What measures are taken after the detection of the debtor?

If the payer of the alimony detected, the marshals send him the requirement for the voluntary repayment of the debt within a certain period of time. If the specified requirement is not executed, the bailiff shall be recovered from the debtor of performing gathering, and then set a new deadline for execution of the judgement. By skipping a specified period, a writ of execution without notice is directed at the place of debtor and in the credit institution where he can be bills, deposits. Employers or banks are obliged to take statutory action in obtaining the appropriate documents. So, from the debtor's wages will be made compulsory contributions, and monies from the account or Deposit may be directed to the payment of alimony in full.

What additional measures can be applied to the payer?

If these methods do not lead to positive results in the form of repayment of arrears of child support, police officers can arrest property of the debtor. Such arrest is made upon the application concerned in the receipt of payments of a party or on the initiative of police officers. After the inventory and arrest of property may be enforced and the proceeds will be directed to the performance of an obligation. In addition, enforcement officers may limit the debtor leaving the territory of the Russian Federation, whereby the latter will not be able to leave the country before full repayment of the debt. This restrictive measure effectively used even in cases when the payer is not immediately obtained.

Advice 2: How to calculate a debt for alimony

Parents are required by Law to maintain their minor children, regardless of whether they themselves income. In the case of divorce or termination of parental rights, parents are required to pay child support. In that case, if judgment has been given or an agreement on payment of alimony, but the money is not transferred is formed duty.
How to calculate a debt for alimony
You will need
  • - writ of execution;
  • - court order;
  • - notarially certified agreement on the payment of alimony.
Calculation of arrears of alimony for the past period on the basis of a writ of execution, usually performed within the past three years. However, the amount of debtand have to calculate as long as the entire amount is repaid. In this case you cannot apply the Statute of limitations.
Repayment of debt is calculated on the basis of what the equivalent was awarded payment of the debtand alimony. This can be a fixed amount or a percentage of income.
In that case, if the alimony awarded in a fixed amount, then this figure must be multiplied by the number of elapsed months, during which there was a debt and added to the amount of current child support. However, the total amount should not exceed 70% of the income of the debtor.
When payment of the debt as a percentage of income, it is necessary to sum all the debtor's income for the past period and divide the sum by the number of months in the billing period. Thus the percentage amount of child support per month, which must be multiplied by the number of elapsed months. However, the sum must also not exceed 70% of revenues.
If in the intervening period of education debt on alimony, the debtor officially anywhere did not work and received no income, in which case the amount owed is calculated based on the minimum wage. In that case, if the debtor has several children and arrears of alimony was common - maximum deduction percentage of income should be distributed equally among all the children.
To cancel financial debts for alimony can only in two cases: in connection with the death of a child or the debtor. If the calculations or direct repayment violated the interests of one party process, the party whose interests have been violated has the right to go to court.
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