Debt for alimony arises as a result of the non-payment by the alimony of the deductions appointed by the court decision or determined by the agreement on the payment of alimony for the child. Most often this happens due to the fact that citizens are trying to evade payments. They can hide themselves and hide their income. Debt collection is dealt with by the executive service, which is obliged to calculate the debt and control its payment.
How to collect alimony debt
As soon as the court makes a decision on the recovery of alimony, it immediately enters into force. That is, the plaintiff does not need to wait for the period given for the appeal in order to start receiving the money due to him.
The first point is obtaining a writ of execution
To collect the due amount, you need to submit an application for a writ of execution and already apply to the state executive service with it. The sheet should contain the following items:
- The date on which the document is issued and its title;
- Full name of the person who issued the writ of execution and the name of the body;
- Data on the court decision on the basis of which the sheet is issued: number of the decision and date of adoption;
- Passport data of the debtor and the recipient. Their address and other information that may contribute to debt collection;
- Information about the court decision;
- The date of entry into force of the decision of the judicial institution;
- The term within which the writ of execution can be used.
If the recipient of alimony has lost the writ of execution, then this is not a reason for panic. The court may issue a duplicate. To do this, you will need to submit an application and pay a court fee. A duplicate is issued through a court session, at which the plaintiff and the defendant must be present.
The second point is contacting the executive service
The recipient of alimony must submit two documents to the enforcement service: a writ of execution and an application for opening enforcement proceedings. In this application, the plaintiff may indicate information that facilitates the recovery of funds, for example, the account number of the alimony, his place of work, or other means of earning income. Also, the document must describe the way the plaintiff obtains alimony.
Within three days, the executive service opens a case on the recovery of alimony. Copies of the decision are sent to the plaintiff and the debtor. After that, the state executor takes actions to collect funds from the alimony.
The third point is the collection of alimony arrears
After the executive service has calculated the alimony, the procedure for their collection takes place. It differs for officially employed and unemployed citizens. The easiest way is to withhold the due deductions from the actual earnings of the alimony worker at the place of work. On the basis of the decree of the state executor, the accounting department of the enterprise is obliged to transfer part of the person’s income to the recipient of the alimony.
Alimony arrears can be paid for the past period, but not more than three years. But if the debt arose through the fault of the alimony, then it is paid for the entire period. In addition, according to article 196 of the CKU, in the event of a debt for alimony, the recipient has the right to file a claim with the court for a penalty in the amount of 1% of the amount of the unpaid amount of money for each day of delay.
If the debtor is not employed anywhere and has no official income, then the state executor has the right to collect the debt through the sale of the alimony’s property. The law allows resorting to such measures only if there is a debt to pay alimony for more than three months.
Consequences of evasion of payment of alimony
Any evasion of the alimony from the payment of the due deductions may result in legal liability. The State Executive Service has the right to apply to the police with a demand to bring the debtor to criminal liability for malicious evasion of the payment of alimony.
For a defaulter, this may entail the following consequences: the award of community service for a period of 80 to 120 hours or correctional labor for a period of up to one year. A prison sentence of up to two years can also be awarded. But it should be noted that such punishments are rarely found in judicial practice and are unlikely. The fact is that it is enough for the alimony to find any good reason why he is not able to pay the alimony debt and criminal liability can no longer be applied.
Another of the levers of influence on the debtor may be restrictions on the freedom to leave the country. That is, the state executor must apply to the court demanding the approval of a temporary ban on the defaulter’s departure abroad. This limitation is in effect until he fulfills his debt obligations.