Alimony penalty: how to calculate and collect a debt

Unfortunately, it is not uncommon for one of the parents to avoid paying alimony. This is not only a violation of the law, but also a direct blow to the well-being of the child. The legislation provides for a mechanism to protect the interests of children in such cases — this is a penalty for late maintenance payments.
A penalty is, in fact, a fine that is calculated on the amount of debt for each day of delay. It is designed to motivate the debtor to fulfill his obligations and compensate the recipient of alimony for the late receipt of funds. It is possible to calculate and collect it, but the process requires certain knowledge and actions.
How is the debt formed and when does the right to a penalty arise?
Before talking about a penalty, it is necessary that the debt itself be formed. Alimony arrears arise if they have been assigned but are not being paid. The basis for the appointment may be:
- Court order or court decision: the most common case.
- Notarial agreement on the payment of alimony: if the parents have agreed amicably and notarized the agreement, it has the force of an enforcement document.
The right to collect a penalty appears from the very first day of late payment. An important point: the penalty is charged only if the debt was incurred due to the fault of the payer. If he did not pay for valid reasons (for example, serious illness, delayed wages through no fault of his own), the court may reduce the amount of the penalty or release it altogether.
Calculation of the penalty: formula and example
According to the Family Code of the Russian Federation (Article 115), the amount of the penalty is 0.1% of the amount of unpaid alimony for each day of delay. Previously, this percentage was higher (0.5%), but the legislation has changed.
The formula for the calculation looks like this:
Penalty = Monthly debt amount × 0.1% × Number of days overdue
The calculation must be made for each overdue monthly payment separately. It's quite a painstaking job.
For example, alimony in the amount of 10,000 rubles was not paid in March. You're suing in June.
- The debt for March (10,000 rubles) was overdue for 92 days (April, May, June).
- Calculation: 10,000 rubles × 0.001 × 92 days = 920 rubles.
- The debt for April (10,000 rubles) was overdue for 61 days (May, June).
- Calculation: 10,000 rubles × 0.001 × 61 days = 610 rubles.
And so on for each month. Then all the amounts are added together.
To get an official debt settlement, you need to contact the bailiff who conducts your enforcement proceedings. He will issue a resolution on debt settlement — this is a key document for the court.
Recovery procedure: step-by-step instructions
The penalty itself is not automatically calculated. To get it, you need to go to court again.
The procedure is as follows:
1. Get a bailiff's resolution on debt settlement. Without this document, the court will not accept the claim.
2. To make a statement of claim. In it, you need to specify your data, the debtor's data, the basis for paying alimony, the period of debt and attach your own calculation of the penalty (or ask the court to make it).
3. Collect a package of documents: a copy of the passport, birth certificate of the child, court order / decision on alimony, bailiff's order.
4. File a claim with the magistrate's court at the debtor's place of residence. Plaintiffs in cases of recovery of alimony and penalties are exempt from paying state duty.
5. Take part in the court session. After making a decision in your favor, you will receive a writ of execution for the amount of the penalty.
6. Transfer the new writ of execution to the bailiffs. They will attach it to the main case and will collect from the debtor both the amount of the principal debt and the penalty.
Is the game worth the candle?
The process of collecting a penalty takes time and perseverance. Sometimes the amount of the penalty may be small, and it seems that there is no point in starting a lawsuit.
However, this is not entirely true. First of all, even a small amount is your legitimate money. Secondly, the very fact of filing a claim for a penalty often becomes a powerful incentive for the debtor to start paying off the debt. The prospect that the amount of debt will constantly grow not only due to the principal debt, but also due to penalties, is sobering for many. Real free porn movies https://exporntoons.net online porn USA, UK, AU, Europe.