Collection of penalties for alimony sample. How to collect a penalty for late payment of alimony

Quite often there is a life situation when caring for the child of one of the parents comes down to paying money for his maintenance. The reason for this may be either divorce or other circumstances - for example, deprivation of parental rights. And the parent living separately is in this case obliged to make monthly payments either in a fixed amount or as a percentage of income.

In this case, the parent is obliged to provide monthly maintenance on time and in full. However, unfortunately. This doesn't always happen. And then the person obligated to pay alimony may be held liable.

If you are not paid child support, or are not paid in full, you can recover from the culprit not only the entire amount of child support, but also a penalty for child support.

Monetary responsibility disciplines the payer and forces him to be wary of late payments. And if there is still such a delay, fulfill the existing alimony obligation as soon as possible. After all, the longer it is not fulfilled, the larger the amount of the penalty will be.

Collection of penalties for late payment of alimony is made exclusively in cases where such debt arose solely as a result of the guilty actions of the alimony payer, and did not arise in connection with objective circumstances (for example, non-payment of wages). At the same time, the amount of the penalty that can be collected depends on the order in which alimony is collected. This can be either a court decision or a notarial agreement on the payment of alimony.

Penalty payments for alimony can only be recovered in court. A bailiff, for example, cannot make such a calculation.

What documents need to be prepared to go to court?

Before going to court with a claim for the collection of alimony penalties, it is necessary to follow the collection procedure. You need to prepare the relevant documents with which you will justify your requirements.

These should be documents with which you confirm that you have a debt, a table for calculating the penalty for alimony for the court, the legality of the alimony obligations themselves (court order, decision on alimony, etc.), guilt in the actions of the alimony provider.

The amount of debt must be determined by the bailiff. At the same time, he takes into account the amount of alimony, which is established either by a court decision or a bilateral notarial agreement. Therefore, confirmation of the debt can be obtained by contacting the bailiffs for a settlement order, which will be handed to you. It must be certified by a seal.

The law states that the bailiff must calculate the debt for each month of delay in payment of alimony, indicating the amount.

Draw up a calculation of the penalty for the court, and indicate in it the periods of non-payment of alimony. The calculation must be simple and understandable so that, if necessary, the court can easily verify the correctness of its preparation.

How to file a claim

A statement of claim for the recovery of alimony penalties is drawn up according to the general rules that are specified in the Code of Civil Procedure of the Russian Federation.

The claim you intend to file must include the following information:

• name of the court (since the statement of claim is filed in the court of the district where the alimony worker lives, accordingly, you need to indicate the number and district of the court district if the statement of claim is sent to justices of the peace);
• last name, first name and patronymic of the plaintiff, as well as the address to which the summons should be sent. It is advisable to indicate your telephone number;
• information about the defendant, indicating his place of residence. If you do not know where the defendant lives, indicate his registered address, or the address of his last known place of residence. You can also indicate the respondent's phone number;
• formulate your demand (“to collect a penalty for alimony”);
• indicate all the documents that you will attach to the claim.

The following documents (in copies) must be attached to the statement of claim for the recovery of alimony penalties:

• a judicial act by which a decision was made to collect alimony (this may be a court decision or a court order, as well as a notarial agreement on payment);
• birth certificate of the child for whom child support is paid;
• writ of execution issued by the court (a court order, if issued, replaces the writ of execution);
• resolutions of the bailiff (both on the initiation of proceedings and on the calculation of the debt);
• the calculation of the amount of the penalty that you intend to collect;
• documents on unlawful actions of the debtor. For example, a court ruling on bringing to administrative liability for evading the provision of maintenance.

The state duty for collecting a penalty is not paid by the plaintiff when filing a claim, but if it is satisfied, the amount of state duty in the amount established by the court will be recovered from the defendant to the state.

Question:
Which court should I go to?

Based on the rules of territorial jurisdiction, a claim should be filed in the court of the district in which the defendant lives.

The penalty for child support can be collected for the entire time that the parent is required to pay child support. But if the defendant claims a statute of limitations, it will be possible to recover amounts only for the last three years.

Sample statement of claim for the recovery of alimony penalties

Magistrate of court district No. 131
Karchaginsky district, Vologda region
745444, Russian Federation, Vologda region, r.p. Karchagino,
Karchaginsky district, st. Lanina, 12

Plaintiff:
Kirobokova Anna Seregeevna,

Karchaginsky district, r.p. Karchagino, st. Communist 18.

Respondent:
Frolov Oleg Vadimovich
Place of residence: 745444, Russian Federation, Vologda region,
Karchaginsky district, r.p. Karchagino, st. 19 Party Congress 124

Statement of claim
On the collection of penalties for late payment of alimony

On September 09, 2014, the magistrate of court district No. 131 of the Karchaginsky district of the Vologda region issued a court order to recover from O.V. Frolov. alimony in favor of Kirobokova A.S. for the maintenance of the minor daughter Frolova I.O. Born 10.03.2011 in the amount of 1/4 of earnings monthly no later than the 25th day of each month.

The said judicial act came into force and is currently legally valid and valid.

On October 13, 2013, the bailiff initiated enforcement proceedings. The defendant was properly notified of these circumstances and was informed with sufficient clarity and correct understanding of the existing alimony obligations and the method of collecting alimony.

During the period from the moment of initiation of enforcement proceedings until October 2016 inclusive, the defendant’s obligations to pay alimony were fulfilled in a timely manner and in full. Alimony was paid by transferring the appropriate amounts to the bailiff service with their subsequent receipt by the plaintiff.

Since November 2016 Frolov O.V. began to evade the obligations established by judicial act to provide maintenance for a minor child.

The bailiff issued a resolution to determine the amount of arrears in the payment of alimony for the period from November 26, 2016 to April 25, 2018. The amount of debt amounted to 169,000 rubles. This resolution meets the requirements of the law and was made in accordance with Art. 113 of the Family Code of the Russian Federation.

During the period from the moment the bailiff issued a decision to determine the amount of arrears for the payment of alimony and until the date of drawing up this statement of claim (06/01/2018), no repayment of the debt was made and no other payments were made within the framework of the court order for the collection of alimony from the debtor, which is confirmed certificate from the bailiff of the ROSP Karchaginsky district of the Federal Bailiff Service of the Voronezh region No. 169 dated 06/01/2018.

The magistrate of court district No. 129 of the Karchaginsky district of the Vologda region brought the defendant to administrative responsibility under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation for non-payment by a parent without good reason in violation of a court decision for the maintenance of minor children. In accordance with the court ruling dated May 18, 2018, the defendant was sentenced to an administrative fine in the amount of 20,000 rubles. This resolution entered into legal force without being challenged by anyone.

Thus, Frolov O.V. committed a culpable failure to fulfill obligations to pay alimony for a minor child. Accordingly, there are no valid reasons for allowing arrears in providing child support.

Based on the factual circumstances, the defendant has not paid alimony, either partially or fully, since November 26, 2016. This fact is confirmed by the decision of the bailiff. Also, the defendant does not provide financial assistance for the maintenance of the child in other forms.

By virtue of paragraph 1 of Art. 115 of the Family Code of the Russian Federation, when a debt arises through the fault of a person obligated to pay alimony under an agreement on the payment of alimony, the guilty person is liable in the manner prescribed by this agreement.

According to paragraph 2 of Art. 115 of the Code, when a debt arises due to the fault of a person obliged to pay alimony by a court decision, the guilty person pays the recipient of alimony a penalty in the amount of 1/2 percent of the amount of unpaid alimony for each day of delay.

In accordance with family law, the use of a penalty is allowed, provided that its calculation is justified.

Taking into account the effect of the above norms, it is advisable to use the following formulas for calculating the penalty:

1) “amount of penalty for a specific month” “=” “amount of debt for a specific month” “X” 0.5% “X” “number of days of delay”;

2) “total amount of the penalty” “=” “sum of the amount of the penalty for each month.”

The actual calculated indicators are shown in the summary table:

Thus, the amount of the penalty as of June 1, 2018 was 187,852 rubles. This amount of debt, taking into account the social significance of the violated obligation, the duration of the period of its violation, the absence of valid reasons in the actions of the defendant, etc., is justified, reasonable and proportionate to the debt obligation.

The specified calculation is intermediate. The final payment will be made on the day the court makes a decision on this claim. Accordingly, the plaintiff will provide clarifications regarding the period of delay and the amount of the penalty.

By virtue of paragraphs 1 and 4 of part 1 of Article 23 of the Code of Civil Procedure of the Russian Federation, cases of collection of penalties in connection with late payment of alimony are considered by a magistrate as a court of first instance.

This position is confirmed by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 of December 26, 2017 “On the application of legislation by courts when considering cases related to the collection of alimony.”

When filing a claim for recovery of a penalty for late payment of alimony for minor children, the plaintiff is exempt from paying state duty on the basis of subparagraph 15 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation, since the said claim was filed in defense of the rights and legitimate interests of the child.

Considering the above, guided by Art. Art. 113, 115 RF IC, art. Art. 23, 130, 131 Code of Civil Procedure of the Russian Federation

Collect from Frolov O.V. in favor of Kirobokova A.S. penalty for late payment of alimony for the maintenance of a minor daughter, Frolova I.O. for the period from November 26, 2016 to the day of the court’s decision.

Application:

1. Copy of the statement of claim - 2 copies;
2. A copy of the divorce certificate – 2 copies;
3. A copy of the child’s birth certificate – 2 copies;
4. A copy of the court order for the collection of alimony dated 09.09.2014 – 2 copies;
5. A copy of the bailiff's resolution on determining alimony debt dated April 25, 2018 – 2 copies;
6. Copy of the bailiff's certificate No. 169 dated 06/01/2018 - 2 copies;
7. Copy of the resolution of the magistrate of court district No. 129 dated May 18, 2018.

06/01/2018
Plaintiff ___________ Kirobokova A.S.

How to calculate the penalty for alimony

The court's decision to collect a penalty will be based on its calculation, so this calculation should be made very carefully.

The calculation of the penalty for alimony, which is collected by court decision, is based on the amount of debt for each month. That is, the delay (number of days) is determined for each unpaid month separately from the first day of delay (for a specific month) until the date of the court decision. And then the results of all the penalties add up. The amount of the penalty, or rather the penalty rate, for each day is equal to 0.5% of the debt amount.

At the time of filing a claim, it is impossible to know exactly when a decision will be made. Therefore, first I make a preliminary calculation for the date of filing the claim. Then, when the day for the consideration of the case is set, they make a clarifying calculation for this date - the day the court decision is made.

The procedure for calculating the penalty under an agreement on the payment of alimony, including the amount of the rate, is determined by such agreement.

The penalty is often calculated by simply multiplying the total debt by 0.5% and the total number of days of delay. However, judicial practice on the collection of alimony penalties indicates that such an approach to calculation is incorrect.

The penalty for alimony should be calculated using the formula:

A x 0.5% x D = N,
where A is the amount of unpaid alimony for a specific month; D - the total number of days of delay in payment of alimony; N - the amount of the penalty.

Example of penalty calculation

The alimony debt amounted to:

• March 2019 - 10,000 rub.
• April 2019 - 15,000 rub.
• May 2019 - 17,000 rub.

• 10,000 rubles (for March) x 92 (days) x 0.5% = 4,600 rubles;
• 15,000 (for April) x 61 (day) x 0.5% = 4,575 rubles;
• 17,000 (for May) x 31 (days) x 0.005 = 2635 rubles.

Is it possible to reduce the amount of the alimony penalty?

In judicial practice on the collection of penalties for alimony, there have been discussions for quite a long time on the topic of the possibility of reducing the legal penalty for alimony on the basis of Art. 333 Civil Code of the Russian Federation. At the same time, as a rule, the courts of the first and appellate instances believed that the penalty cannot be reduced, since its proportionality is defined in the Family Code of the Russian Federation. The higher courts, on the contrary, believed that the penalty should be reduced, and applied the rules of Art. 333 of the Civil Code of the Russian Federation, which allows you to reduce the amount of the penalty if it is much greater than the obligation itself (alimony debt).

All discussions and disputes ended in 2012, after the Supreme Court of the Russian Federation clarified that alimony is maintenance for needy family members, and the legislation recognizes these circumstances as socially respectful. There is a special norm - Art. 115 of the RF IC, which determines the extent of liability for failure to provide content, and reduction of the penalty is not provided for by this norm.

Since alimony obligations have certain features, Art. 333 State Administration of the Russian Federation. Accordingly, a reduction in the penalty for alimony is not allowed.

Who can file a claim for a penalty?

In the event that, for some good reason, the legal representative of a minor who must receive alimony cannot file a claim for the recovery of a penalty, he has the legal right to send an application to the prosecutor requesting the recovery of such a penalty.

As follows from Art. 45 Civil Code of the Russian Federation, the prosecutor has the right to personally apply to the court to protect family, motherhood and childhood on behalf of the state. In this case, the prosecutor has all the rights provided for the plaintiff and all his obligations, with the exception of the right to a settlement agreement.

Features of collecting penalties for alimony

Despite the fact that child support payments stop when the child reaches 18 years of age, collection of alimony penalties after reaching adulthood is quite possible. The debt that was incurred earlier can be collected after the child reaches adulthood.

In this case, only those debts that have not been paid for three years before the writ of execution were presented are subject to collection - the general statute of limitations applies.

Therefore, after this period has passed (that is, three years after reaching adulthood), it is no longer possible to collect a penalty for alimony.

You should know that the defendant also has leverage. That is, the claim may be denied if:

• there will be valid reasons for non-payment;
• the statute of limitations will pass and the defendant will declare this;
• the bailiff's decision on the debt will contain errors and inaccuracies;
• And so on.

Regarding valid reasons, they can be varied, depending on the specific situation. Mainly:

• lack of awareness of the fact of collection of alimony and the existence of enforcement proceedings;
• lack of income;
• failure to transfer alimony payments by the employer, which the alimony provider did not know about;
• serious illness in which the defendant could not make payments on his own;
• providing financial assistance in another form (for example, in kind - clothes, toys, kindergarten fees, etc.);
• and so on.

For other features of collecting penalties, watch the video from the fourth minute:

True, it was compiled in 2010, but nothing seems to have changed since then. A statement of claim for the recovery of a penalty in connection with the formation of arrears in the payment of alimony is submitted to the magistrate (subparagraph 4, paragraph 1, article 23 of the Code of Civil Procedure of the Russian Federation).

Logically, the state duty is not paid on the basis of subparagraph 2 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation.

But in some regions, courts think differently: a penalty is a measure for non-fulfillment or improper fulfillment of an obligation, including the payment of alimony, and not the alimony itself. That is, the penalty should be subject to state duty according to the rules of a property dispute.

This can be argued, since such a claim is filed to protect the rights and legitimate interests of minors and should be exempt from payment of state duty (subclause 15, clause 1, article 333.36 of the Tax Code of the Russian Federation).

If the issue with the state duty becomes a stumbling block, and there is no time to appeal, then you can ask for a deferment in paying the state duty.

First you need to get a calculation of the alimony debt from the bailiff, and it would be better to ask not for the total amount of debt, but by month.

YES! The bailiff will not calculate the penalty, he is not obliged. And he will not sign the calculation of the penalty, because he only calculates the debt, but not the penalty.

For what period can a penalty be claimed? The Family Code says that the statute of limitations does not apply to claims arising from family relationships. So, logically, a penalty can be demanded for any period. On the other hand, the court may reduce the penalty on the basis of Article 333 of the Civil Code of the Russian Federation ((

Now like this:

To the justice of the peace (precinct number)

Plaintiff (full name, passport, address, contacts), acting to protect the rights and legitimate interests of a minor (full name, year, day, month of birth)

Defendant (full name, passport, address, contacts)

STATEMENT OF CLAIM

on the collection of penalties in connection with the formation of arrears in the payment of alimony

(Insert date) magistrate (specify which) a decision was made to collect alimony from the Defendant, in favor of the Plaintiff alimony in the amount of (specify how much) percent of the Defendant’s earnings and other income for the maintenance of a minor (indicate full name, date of birth). A writ of execution was issued (specify details) (Insert date) (specify name) the bailiff department initiated enforcement proceedings against this enforcement (number).

(Insert date) At the request of the Plaintiff, the bailiff calculated the Defendant's debt. As of (indicate the date the amount of debt was determined) the amount of debt was (total amount/monthly amount).

The Defendant did not provide information about income or documents on payment of alimony to the bailiff.

If a debt arises through the fault of a person obligated to pay alimony by court decision, the guilty person pays the recipient of alimony a penalty in the amount of 1/2% of the amount of unpaid alimony for each day of delay (clause 2 of Article 115 of the RF IC).

You can insert if there are problems with the state duty:

“Due to the difficult financial situation caused by the Defendant’s evasion of alimony payments, I ask you to grant me a deferment from paying the state duty.”

Or specify:

I ask you to exempt the Plaintiff from paying the state duty, since the claim for the collection of a penalty for arrears of alimony is filed in order to protect the rights and interests of the child and is exempt from paying the state duty (Clause 15, Part 1, Article 333.36 of the Tax Code of the Russian Federation).

Guided by Articles 113, 115 of the RF IC,

To collect from the Defendant in favor of the Plaintiff a penalty for non-payment of alimony by court decision (requisites) at the rate of (specify how much) rubles

I attached copies and presented the originals at the court hearing.

The applications I had were:

• Marriage certificate.
• Certificate of divorce.
• Birth certificate
• Magistrates' Court decision
• A document confirming the settlement of debt by a bailiff.
• We managed to get a certificate of salary slightly above the subsistence level, there was also a certificate from the Ministry of Economic Insurance on disability, a certificate of cost (preferably) Documents confirming severe financial distress. position (certificate from accounting about a small salary, etc.)
• Calculation of the amount of the penalty
• Copies for the Defendant - application and calculation

According to official statistics, every third alimony payer sooner or later falls into the category of debtors, so the question of collection of alimony debt at all times was sharp and topical. Otherwise, it turns out that even if the need of the claimant has been proven in court and a court decision has been made to collect alimony, there are no monthly payments for child support.

Due to the frequency of violations of compliance with the requirements of executive documents in the field of alimony legal relations, family and civil legislation is constantly being improved, including the tightening of penalties for violation of executive documents (writs of execution, court orders, voluntary alimony agreements). And one of the effective measures that can be used against the debtor is.

Penalty for alimony(penalty) - the amount of money that is imposed on the debtor for alimony obligations for each day of delay in making established alimony payments (proportional to the amount of the resulting debt and the duration of non-payment).

Conditions for calculating penalties for non-payment of alimony

The most important conditions for collecting a penalty are:

1. The compulsory nature of the collection of alimony(i.e. through a court order or extradition). In the case where alimony is paid voluntarily in accordance with, it will be possible to collect a penalty only if such a norm (namely a penalty) is provided for in a separate clause on liability for non-payment of funds.
2. Existence of debt and its intentional creation(i.e., if the debtor is clearly at fault in accordance with clause 2 of Article 115 of the RF IC). At the same time, it is inappropriate to file a claim for the collection of penalties from the defaulter after the first month of delay in payments:
   • firstly, this will not bring any significant profit to the collector, since the amount of the penalty will be too small;
   • secondly, such a claim will look frivolous.

It is better to collect a penalty after a delay in payments, starting from at least 4-5 months overdue(although this is not prescribed anywhere by law, it is often found in judicial practice).

The procedure for collecting penalties

You can recover alimony penalties from a defaulter if the following factors are present and in the following order:

In order to make a decision to file a claim for the recovery of a penalty from a non-payer of alimony, the collector needs to know for sure that he is authorized to take this step, so that the statement of claim is accepted for proceedings, and a positive decision is ultimately made on it.

What indicates the presence or absence of guilt of the debtor?

Deliberate evasion of payments (and, accordingly, the presence of the defaulter’s fault in creating the debt) is indicated by:

• the very fact of debt formation exceeding one month of non-payment;
• lack of contact between the debtor and the collector and the bailiff (failure to respond to calls, summonses for an appointment);
• change of place of residence or work without warning the bailiff or recipient of funds;
• concealment of income (or “black” wages);
• leaving the place of work at their own request, despite the presence of a financial alimony obligation;
• deliberate non-employment and failure to register with the employment center as a person in need of employment;
• absence in the magistrate's court of a statement of claim from the alimony payer to review the amount of alimony, the method of collecting it, or reducing the amount of debt.

It should be noted that the factors listed above needs to be considered in totality.

However, sometimes an alimony debt can arise due to circumstances that do not depend on the payer, but are caused by difficult life circumstances. These include:

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• sudden serious illness of the person obligated for alimony or his close relatives, requiring high material investments or accompanied by the appearance of a new dependent;
• other difficult family or life circumstances of the person obligated for alimony, which prompted him to refuse or refuse to pay the alimony debt;
• the fault of third parties when transferring funds (an error by bank employees or the company’s accounting department when making transfers, incorrect account details provided by the payer himself, etc.).

If it is obvious that the debtor is at fault in creating the debt, then it is advisable to file a claim for the recovery of a penalty. If the latter is not at fault, then filing a claim is pointless, since the court will subsequently refuse to satisfy it when all the circumstances of the case are clarified.

How to recover alimony penalties from a debtor?

If the recipient of alimony has decided to collect a penalty from the debtor for late payment of alimony, his actions must be as follows:

Claims for the collection of penalties for alimony do not have a statute of limitations and are exempt from state duty (according to clause 15, part 1, article 333.36 of the Tax Code of the Russian Federation).

During the court hearing, the judge:

• will review the submitted documents;
• will hear the arguments of the parties (respondent and applicant);
• will make an appropriate decision to satisfy the claim or refuse to satisfy it.

The result of the court hearing that satisfies the plaintiff’s demands is a court decision and a writ of execution, which spell out the amount of the penalty to be collected.

After entering into legal force (in a month), the claimant must receive these documents from the assistant judge and take them to the bailiff in charge for subsequent implementation of the established requirements. Ultimately, the debtor will be charged both the alimony debt itself and the penalty for late payments.

Application to bailiffs for debt settlement

Below is a sample application to a bailiff for issuing a decree on debt settlement. It can also be downloaded from .

To the head of the Bezhitsa district
bailiff department
A.M. Bakashov
Bryansk, st. Ulyanova, 36, 241035

collector Tamaricheva O.L.
Bryansk, st. Medvedeva, 36, apt. 43, 241035
contact/tel. xx-xx-xx

Application for issuance of a resolution on debt settlement

In your proceedings with the bailiff Glebova N.V. There is an enforcement proceeding 3456/14/32012-IP dated 12/12/2014, on the collection of alimony in favor of the minor daughter, Violetta Vitalievna Tamaricheva, born 04/24/2006. I would like to inform you that since June 2017, the alimony obligations of the defendant Vitaly Sergeevich Tamarichev have not been fulfilled, and a debt has arisen regarding payments.

Based on Art. 50, 64.1, part 2 art. 102 of Law No. 229-FZ “On Enforcement Proceedings”, I ask you to issue me a resolution on the calculation of arrears on alimony payments in order to exercise the right to go to court with a claim to collect a penalty from the defaulter V.S. Tamarichev. within the framework of Art. 115 RF IC.

05.09.2017 ______________/O.L. Tamaricheva/

Statement of claim for recovery of penalties for non-payment of alimony

A statement of claim for the application of a measure of liability to the debtor by imposing a penalty on him is drawn up in accordance with the provisions of Art. 131, Code of Civil Procedure of the Russian Federation and is submitted by the applicant-plaintiff to the magistrate’s court according to the rule of alternative jurisdiction- i.e. at the discretion of the plaintiff at his place of residence or the place of residence (stay) of the defendant.

The claim for the court to impose a penalty on the debtor must contain:

1. The address part, or “header”, where the following are indicated:
   • name and address of the court;
   • Full name, address and contacts of the plaintiff-applicant;
   • similar information about the defaulting defendant.
2. Name of the claim - “On the collection of penalties from (full name) for late alimony payments”.
3. The main part, which briefly reflects in a condensed form:
   • when, by the decision of which court, from whom and against whom alimony was collected;
   • indicate alimony (shares, fixed amount);
   • determine the month from which the late payments began and name the entire period of the debt;
   • prescribe a detailed calculation of the penalty (i.e. its mathematical calculation).
4. Claim:
   • collection of a penalty from the defendant in the amount withdrawn for late alimony payments;
   • exemption from payment of state duty.
5. Attached documents (in two copies - per set for the court and the defendant):
   • a copy of the applicant-plaintiff's passport;
   • a copy of the child's birth certificate;
   • a copy of the writ of execution or court order for the collection of funds;
   • a copy of the resolution on debt settlement.

A claim with attached documents can be submit to the court in two ways:

• send by mail by registered mail with notification (to eventually receive notification of receipt of documents);
• take it personally to the court office, where on your copy of the claim, ask to put a mark on the acceptance of the documents (stamp, date and surname of the receiving person).

Sample claim for the recovery of alimony penalties

A sample statement of claim for the recovery of a penalty for late payment of alimony can be downloaded from.

How to calculate the penalty for alimony?

The main task of the plaintiff when filing a claim for the collection of penalties for late payment of alimony is independent calculation of its amount. To calculate the amount of the penalty correctly, you must refer to Art. 115 of the RF IC, which states that in the amount 0.5% of the total debt amount for each day of non-payment.

Assistance in calculating the amount of the debt has the right to be provided by a bailiff, who in the resolution on the calculation of the debt indicates exact monthly debt, accumulated by the defaulter, and at the end displays his total amount.

Justice of the peace
court precinct No._______
_________________
Plaintiff:
_________________,
residing at:
_________________
Respondent:
_________________
residing at:
_________________

STATEMENT OF CLAIM
on the collection of penalties in connection with the formation of arrears in the payment of alimony

The magistrate’s court made a decision to collect alimony from the full name, hereinafter referred to as “Defendant”, in favor of the full name, hereinafter referred to as “Plaintiff”, alimony in the amount of _______ percent of the earnings and other income of the Defendant for the maintenance of the minor, full name, year of birth.
_______________ of the year _______________ the district department of bailiffs, based on writ of execution No. ____________________ dated _______________, initiated enforcement proceedings No. ________________.
_____________ year bailiff at the request of the Plaintiff in accordance with Art. 113 of the RF IC carried out the calculation of the Defendant’s debt.
As of the date the bailiff determined the amount of the debt, the amount of the debt amounted to ______ rubles ____kopecks. (monthly for __________ rubles ________ kopecks).
The Defendant did not provide information about income or documents on payment of alimony to the bailiff.
In accordance with paragraph 2 of Art. 115 of the RF IC, when a debt arises through the fault of a person obligated to pay alimony by court decision, the guilty person pays the alimony recipient a penalty in the amount of one-half percent of the amount of unpaid alimony for each day of delay.

In connection with the distressed financial situation of the Plaintiff, caused by the Defendant’s evasion from paying alimony, I ask that the Plaintiff be granted a deferment (exemption) from paying the state duty.
Moreover, since a penalty is a sanction associated with failure to fulfill the main obligation, where the main obligation is the obligation to pay alimony in favor of the child, i.e. protection of the rights and interests of the child, the Plaintiff has the right to be exempt from paying state duty according to clause 2, part 1, art. 333.36 of the Tax Code of the Russian Federation and clause 15 of Part 1 of Art. 333.36 of the Tax Code of the Russian Federation.

In connection with the above, guided by Art. 113, 115 RF IC, I ask the magistrate court

1. To collect from the full name of the Defendant in favor of the full name of the Plaintiff a penalty for non-payment of alimony by a court decision dated __________ year in the amount of ____________ rubles.

Appendix (copies, originals will be presented at the court hearing)
1. Marriage certificate.
2. Certificate of divorce.
3. Birth certificate
4. The decision of the magistrate's court
5. Document on the settlement of debt by the bailiff.
6. (preferably) Documents confirming severe financial distress. position (certificate from accounting about a small salary, etc.)
7. Calculation of the amount of the penalty
8. Copy of the application, calculation for the defendant

Full name of the Plaintiff ___________________________________

Appendix to the statement of claim

Calculation of the amount of debt.

(sample)

Full name of the Plaintiff _______________________

Dissolution of marriage is not a reason for ending parental responsibilities. Either voluntarily or compulsorily, one of the parents will be required to pay funds for the maintenance of the child. If alimony arrears arise, the recipient has the right to write an application for a penalty. During the trial, the judge will listen to the defendant's arguments and consider papers confirming the existence of the debt. If compelling reasons are presented for non-payment (dismissal, deterioration of health), the claim will be denied. Such petitions are approved only in cases of deliberate evasion of alimony obligations.

The word “penalty” refers to penalties. In the case of non-payment of funds for the maintenance of a dependent, this measure is used as a punishment for citizens who deliberately evade their alimony obligations. Guilt is proven or disproven in court. Claims will be rejected in the following cases:

• The employer delays wages.
• The alimony worker has lost his job or is still looking for one. In this situation, it is necessary to register with the employment center. Funds for alimony obligations will be deducted by the accounting department from unemployment benefits.
• There was a delay in the money transfer due to the fault of the bank.
• The Federal Bailiff Service (FSSP) did not promptly submit enforcement documents (court order, writ of execution, agreement) to the accounting department.
• A citizen is unable to fulfill alimony obligations due to deteriorating health. A certificate confirming the presence of diseases that partially or completely limit work activity should be provided to the bailiff.

The request will be partially or fully granted if the delay is intentional:

The debt will be collected by bailiffs based on the norms of the Family and Civil Code of the Russian Federation. The penalty is usually not stated in the documents issued in court, so you will need to file another statement of claim. Based on the decision made, authorized persons will begin to act. If the defendant does not have the money to pay off the debt and penalties, then his property will be used to offset the debt.

Penalty calculation process

The plaintiff filing an application for alimony penalty is required to calculate the penalty. The bailiff service refuses such a request, since there is usually no such clause in the writ of execution. A lawyer can help with the calculation for a certain fee. You can independently calculate the amount of the penalty using one of the following methods:

An example of manual calculation of the required amount of a penalty is as follows:

• The court ordered the child's father to pay alimony in proportion (25% of income). For the period from September 1 to December 1, the alimony provider did not transfer the required funds. The daily fine was 0.5% of the alimony amount. To compensate for the loss, the dependent mother had to independently calculate the penalty:
  • debt * number of days of late payment * amount of penalty = total amount of the penalty.

Detailed calculation is given in the table:

The amount of debt for alimony obligations will be 57,000 rubles. For 92 overdue days, the alimony provider will have to pay a penalty of 8,740 rubles.

Features of the procedure for collecting penalties in court

To collect the debt and accumulated penalties from the alimony provider in court, it is necessary to draw up a statement of claim for alimony penalties. The document must contain the following information:

At the end, you must sign and date the submission to the court.

Other templates must be presented by employees of the court office or bailiff service. You can also see other samples of forms on the Internet on government websites and forums dedicated to legal topics.

The completed statement of claim for the recovery from the defendant of a penalty for arrears of alimony should be submitted to the office
world court. The territorial jurisdiction of cases of collection of penalties is regulated by the norms of the Civil Procedure Code. The plaintiff has the right to submit documents at his place of residence or the address of the defendant. The state duty, according to clause 1 333. 26 of Article of the Tax Code, will not have to be paid, since the essence of the claim is to protect the rights of the child.

Claim withdrawal process

If the parties were able to resolve everything peacefully or the parent changed his mind about suing, then it is necessary to carry out the procedure for withdrawing the claim:

Document submission deadline

The validity of cases for the collection of a penalty depends on the presence or absence of fault of the alimony provider. If the debt is a consequence of other factors that the parent could not influence, then the calculation will be carried out only for the last three years. If evidence of intentional evasion is presented, the plaintiff will be able to recover a penalty for the entire period of non-payment. Problems arise only when considering cases of collection of long-term debt.
Typically the judge will ask the following questions:

• Why didn’t the parent file an application with the court or prosecutor’s office throughout the entire period of non-payment of child support?
• Where will the collected funds go now? The issue is especially relevant when a dependent reaches their 18th birthday.

To obtain approval of claims, it is advisable to prepare for the meeting in advance. If necessary, you can contact a lawyer.

Court verdict

Once the case is accepted, both parties will be informed of the date of the first hearing. The judge will take into account the arguments and objections of the parents regarding the dispute being resolved, and then render his verdict:

Contacting the prosecutor's office

Bailiffs must monitor the fulfillment of alimony obligations. If a delay occurs, the recipient of the money has the right to contact the FSSP. If authorized persons fail to act, an application should be submitted to the district or city prosecutor. The document must contain the following information:

• Information about the prosecutor's office where the application is being submitted.
• Information about the applicant.
• Description of the problem:
  • Specify the executive document on the basis of which payments for alimony obligations are made.
  • Voice the actions of the bailiff authorized to conduct enforcement proceedings.
  • Write down the amount of debt and penalties.
• Request to the prosecutor's office.

In addition to the application, the authorized bodies will need to present a certain list of documents:

Prosecutor's office officials will study the case materials. If violations are detected, the bailiff assigned to handle the case will be removed from duty. Another FSSP employee will handle the enforcement proceedings.

Arbitrage practice

By focusing on cases from judicial practice, you can insure yourself against mistakes and better prepare for the hearing:

An application for the collection of a fine from a citizen who has arrears on alimony obligations is submitted to the office of the magistrate’s court at the place of residence of one of the parties to the conflict. The document should describe the situation, indicate the exact amount of the penalty and list the regulations substantiating the claims. If the judge reveals the fact of deliberate evasion of alimony payments, he will issue a positive verdict in favor of the applicant. Otherwise, the application will be rejected or the amount claimed will be reduced.