How to recover liquidated damages for alimony

If by court order or by agreement of the person obliged to pay in time, the alimony, but makes a number of overdue performance of its obligations, the other party has the right to recover a certain amount of a penalty. This value depends on the conditions of assignment and child support is calculated from the date of formation of debt.

Instruction

1. Define a legal framework which will help you to defend its right to receive penalties for child support. Thus, article 115 of the Family code States that if the alimony paid under the agreement, the penalty is specified in the contract conditions. If the duty on payment of child support laid court, then the penalty is calculated as one tenth of one percent of the outstanding amount for each day of delay. However, this amount can be claim directly from the defaulter or to recover through the courts.
2. Consult with an experienced lawyer that deals with resolving family disputes. He will tell you how you must behave and what documents to prepare to receive the full amount of the penalty. In some cases, the lawyer will be able to increase the resulting amount for the repayment of losses that were resulting from the nonpayment of alimony.
3. Contact the person with the request to pay the arrears of alimony and to pay the penalty. In the event of failure, write a written complaint, which specify the amount and terms of payment, and refer to articles of the law that prove your right. Preferably this letter to send by mail and keep the receipt. This document will help you in the event of the court.
4. File a claim in court. If the alimony paid by the court, then you will just recover the penalty. If based on the agreement, carefully read all the points. Specify in the complaint the terms of the agreement, which provide for penalties in case of formation of debt. If these items were not spelled out, it is necessary to hire an experienced lawyer who can prove the legitimacy of claims of a penalty.
5. Get a court decision on penalty. To receive funds you can own or hire the services of bailiffs. In some cases it is also advisable to contact the police if the defendant impossible to find by other methods.