I have a child support debt of 900,000 for a child from my first marriage, I haven’t paid for ten years. Can I be jailed?

Parental duty is to support their children, including after divorce. Divorced people usually pay alimony. And if they don’t pay, they face liability for non-payment of child support. This is exactly what a person who says “I don’t pay child support and I won’t get anything for it” needs to know. So, it will be! Because the law protects the rights of the child. True, it is one thing if the alimony payer deliberately avoids responsibility, and another if a person’s life circumstances are such that he cannot support a child. Although there will still be punishment, it’s just the extent of it that is different.

In 2022, not only minor children can receive alimony from their parents or adoptive parents. Disabled people with disabilities for their maintenance, parents from their children and some other categories of persons will be able to count on receiving funds. The procedures for registering and receiving alimony in 2022 are different for each of the cases under consideration. A lawyer will help clarify unclear points.

How to go to jail for alimony: conditions for establishing such a punishment

The impending prison sentence acts as a catalyst for the negligent parent.
Not every debtor can be imprisoned for failure to pay alimony, since life is unpredictable, and a person can lose his job at any moment. Therefore, judges consider each case in connection with the individual circumstances under which they may be imprisoned for unpaid alimony. According to Article 157 The Criminal Code of Russia allows a persistent offender to be imprisoned for alimony if his behavior confirms the signs of a crime. The question arises: can they be imprisoned for failure to pay child support? A malicious evader who should be given a prison sentence for failure to pay alimony is considered to be a person who commits the following actions:

• non-payment of money for more than 4 months;
• change of place of registration;
• concealment of income;
• being wanted due to non-payment;
• reluctance to look for work;
• formation of significant alimony debt.

Reasons for non-payment of alimony

Prosecution for non-payment of alimony can be argued for violations that the child’s guardians do in relation to their duties. The reasons for the violation may be different, but this does not detract from the degree of responsibility to the recipient. In other words, child support must be paid, but if it is not, the reason for nonpayment may affect the extent of the penalty.

Usually, the reasons for non-payment are divided into two large groups:

deliberate

respectful

In the first case, the alimony payer knows that he has an obligation to pay, but avoids it in every possible way, not fulfilling his parental duty. Non-payment occurs. Measures to evade liability may vary. For example, a person shows false documents or, conversely, hides some papers. He can also hide how much he actually earns, receiving a salary “in an envelope”, and giving the child a tiny amount from his “white” earnings.

Failure to pay alimony may be for a good reason, but to determine this, you will need to carefully analyze the situation and make sure that it is truly hopeless. Although the law contains a list of reasons that can be considered valid when it comes to non-payment of alimony. Sometimes the responsibility is removed, but in most cases the punishment will not be too severe.

The penalty for the fact that the payer was unable to pay alimony can be mitigated if he has lost his job and does not have any other regular income. But at the same time, the person does not sit still, but constantly tries to find a job or in some other way correct the situation, and does not parasitize. A person may also be found innocent if he has a job, but for reasons beyond his control, he did not receive any income. In particular, if the salary is withheld by the employer.

A person cannot earn alimony due to his disability or serious illness. This is also a valid reason, like other circumstances, under which a person cannot earn money regularly. The main thing is that these reasons are objective, and the person tries to circumvent them (to the best of his ability). Typically, persons can be released from administrative or criminal liability. Sometimes they are not charged a late fee.

In April 2022, the Supreme Court of the Russian Federation expanded the list of reasons why citizens could not pay alimony. In particular, now a parent will not be punished if he has been drafted into the army and is undergoing compulsory military service. Or there was a failure in the banking system. This resolution was adopted at the plenum on April 27.

It was also stated at the meeting that the amount of alimony can be disputed, but the fact of disagreement with it is not a compelling reason not to pay anything. In addition, the court may not agree that the amount of alimony set is incorrect.

Some amendments were adopted on the topic of non-payment of alimony by people who are in prison. It is indicated that each case where non-payment was recorded will be dealt with individually. For example, assess how a prisoner works and whether he takes time off from work to fulfill his parental duty. In addition, representatives of the RF Armed Forces emphasized that in order to make the right decision, they must take into account the individual characteristics of each case, the financial situation of the family, etc. But if a person maliciously evades, he will be imprisoned for 15 days, and the maximum penalty is one year in prison.

Concealment of income, change of registration - can they be sent to prison for alimony in these cases?

The case of concealing income is not the only one in our country. Can they be jailed for failure to pay child support? More than half of the male population in Russia receives wages “in envelopes,” which is an offense.

Those debtors who want to hide from bailiffs sin by changing their place of registration. Will there be a prison sentence for failure to pay child support in this case? Finding a person wanted for non-payment of alimony is one of the signs of a malicious offense. The reluctance to look for work becomes the fact that a person deregisters himself from the Social Employment Center. The reasons for this action can be different: working conditions are unsuitable, low wages, lack of prospects for further growth.

When should you support your ex-spouses?

We open the RF IC. Article 90. And let’s see when the former other halves have the right to receive maintenance from the first halves:

1. During pregnancy and three years after the birth of the child. It is even clarified that this only applies to women.
2. A disabled spouse who became disabled either during the marriage or within one year after the divorce. (You can’t call a good deal a “marriage.”)
3. A needy ex-spouse of retirement or pre-retirement age.

These obligations terminate in the event of: the spouse receiving assistance entering into a new marriage, the expiration of the period established in paragraph 1, or death.

So, we have looked at: what alimony is, who, when and to whom, and most importantly, why it should be paid. And now let’s move on to the most interesting thing - what kind of responsibility awaits the alimony worker if he voluntarily does not want to fulfill his civic duty.

Counteractions to repay alimony debt

In case of prolonged evasion of the alimony payer from fulfilling his duties, a significant debt arises. Can a court impose a prison sentence for failure to pay child support? This depends on the length of the non-payment period. According to Art. 157 of the Criminal Code of Russia, the period allowing a similar preventive measure to be applied to a debtor, under which it is possible to be imprisoned for alimony, becomes 3 months.

Many malicious debtors, in order not to be imprisoned for alimony, buy toys, food and wardrobe items for their child. Judicial workers cannot imprison fathers who have taken the path of reform. Judges can imprison you for non-payment of alimony if the moment of non-payment of alimony is notarized and appears several times in the court case. The plaintiffs have a question: can they be sent to prison for failure to pay alimony for the maintenance of an heir on time? This issue, which concerns the period of non-payment, is regulated by the administrative-legal method in the form of charging a penalty.

Evasion of alimony payments

If a person decides to deliberately evade paying alimony, he will hide his income, may change his place of residence and personal data, and also perform many other actions aimed at deliberately evading payment of alimony.

Despite this, the recipient of alimony can appeal to the relevant authorities or court, after which he will be actively encouraged to pay the debt. Failure to pay alimony may entail first administrative, then criminal, and additionally civil liability.

Such liability may also arise for a bona fide payer due to circumstances beyond his control. You need to carefully consider this issue and ensure that there are no delays or arrears in payments.

Cases of punishment of a defaulter under Article 157 of the Criminal Code of the Russian Federation

Cases of punishment of alimony defaulters in the form of imprisonment have occurred in judicial practice. Art. 157 of the Criminal Code of Russia provides for such types of punishment as:

• performing corrective labor for a period of up to 1 year;
• imprisonment for up to 3 months;
• imprisonment for up to 1 year.

In 2021, a person who evades payment of alimony benefits for a long time, up to 12 months, may be sent to prison if the legislation does not change. A judge can put a debtor in prison for a period of up to 3 months for alimony, based on an analysis of the individual circumstances of the defendant’s life. Having a criminal record for non-payment of alimony carries with it a number of unpleasant consequences, such as:

• signing a decree not to leave the country;
• limited ability to travel within one country;
• prohibition from holding leadership positions.

You can be jailed for child support not only for a person who has children, but also for refusing to support elderly parents.

What are the consequences of non-payment of alimony?

When the question arises “should I pay child support?”, you should always remember that people who do not pay must be held accountable for failure to comply with the law. The main purpose of child support is to ensure a comfortable life for the child. Sometimes child support must be paid not only for minor children, but also for people who cannot support themselves due to disability.

If the alimony payer does not pay money, he must understand that he faces liability and will be punished. The offender may be affected in different ways. The measure is chosen depending on the circumstances of the case, whether the offender is malicious or not, as well as other circumstances.

As a rule, it all starts with the bailiff visiting the home of a person who has failed to pay alimony, handing him a notice that he has been summoned to the FSSP. If the funds are not deposited, the violator will be prohibited from traveling outside Russia, since enforcement proceedings have been opened against the person. For each day of delay, the alimony payer must pay a penalty, which has a cumulative effect, so the amount will become even greater. The amount of the fine is fixed and amounts to 0.5% of the amount of overdue alimony.

The violator also faces administrative liability. In particular, this may be a fine, compulsory labor or administrative arrest. In particularly egregious cases, the violator may be subject to criminal liability and even imprisonment.

Fine

One of the most loyal penalties for not paying alimony is a fine as an administrative form of punishment. In addition, a fine for non-payment of alimony is imposed most often. This is due to the fact that there are really a lot of violators, and it is simply not possible to imprison everyone. Moreover, this is not a very serious offense. But the main purpose of the fine is to encourage the citizen to take his responsibilities responsibly and pay the debt. And if he doesn’t do this, he will owe not only the child, but also the state. And it’s better not to joke with the law.

Deprivation of parental rights

Deprivation of a father's parental rights for non-payment of child support is not always possible. The first requirement is a sufficiently large amount of debt . You can apply for deprivation of parental rights if the amount of debt is at least 10 thousand rubles. Although usually, few people apply for deprivation of parenthood as soon as the debt crosses the designated line. As a rule, the amount should be higher.

In addition to money, there must be a fact of malicious evasion. For example, if the father is constantly late in payments or simply does not pay anything. The process is regulated by the norms prescribed in the law on enforcement proceedings. Although the measure in question can also be applied in the event of harm to a child, etc.

The fact of malicious evasion of responsibility is also very important. In particular, it will not be possible to deprive parental rights simply because a parent is temporarily behind on one child support payment. It is important that this deviation be systematic. Only in this case can he be called “malicious” and the procedure for depriving parental rights begin. More information about this can be found in Art. 69 RF IC.

Once a person is deprived of parental rights, he is deprived of the opportunity to participate in the life of the child. This also has legal consequences, since from now on the former parent will not be able to approve the child’s transactions, represent his interests and more. He does not fulfill his parental duty, and will not be able to receive the child’s inheritance or qualify for government subsidies. Although the obligation to pay alimony will not be removed from him.

Revocation of driver's license

This measure can only be used if the defendant does not prove that driving is his main source of income. Otherwise, he will have to receive another administrative punishment.

Administrative responsibility

If obligations are not fulfilled, citizens sometimes face administrative liability for non-payment of alimony. As in other cases, an administrative form of punishment will be received if the alimony payer deliberately did not pay, evading his duties.

First of all, a person can be held accountable under Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation. Administrative liability means several penalties that a person who does not pay child support may incur:

• fines of 20 thousand rubles;
• forced labor for three months;
• stay under arrest for 15 days.

The majority of defaulters may bear administrative liability. This is due to the congestion of prisons, because for most citizens it is enough to pay fines as an administrative form of punishment or undergo forced labor rather than serve a criminal sentence.

Criminal liability

Criminal liability for non-payment of alimony is the last lever of pressure on especially persistent defaulters. Usually, defaulters have to answer under criminal law if administrative measures were applied to them, but the person continued to violate for another 2 months or more.

The Criminal Code applies if the defaulter of alimony is unpaid for three or more months, and he does not even think about covering such debt. Lack of work is also not an excuse, since then the person must be registered with the Central Employment Service.

There is also a high risk of incurring criminal liability, based on the Criminal Code, if the defaulter does everything to evade his task. For example, he switches to a “gray” salary, hides income, sells property using fictitious transactions.

But for criminal liability to begin, a criminal case must be initiated and a court verdict must be obtained . After this, the alimony payer may suffer a more serious punishment, which is provided for by the Criminal Code. In particular, go to forced labor, where he will have to work for about a year. Also, the defaulter may be arrested for three months or imprisoned for a year.

Imprisonment is the harshest measure, which is used extremely rarely even if the non-payment is large. In particular, if no other penalties provide the desired effect, like a criminal sentence.

The procedure for bringing a debtor to criminal liability

The procedure for bringing a debtor to criminal liability begins from the moment the defendant is brought to pay alimony. A document regulating the payment of alimony, drawn up on a voluntary basis and certified by a notary, acquires the force of a writ of execution submitted to the bailiff service for the purpose of collecting alimony. A lawsuit for child support that is granted by the court ultimately results in the issuance of a writ of execution to the plaintiff.

The plaintiff shows the writ of execution to the employer, who withholds the required amount from wages in favor of supporting the children. The document is also submitted to the bailiff service, which initiates enforcement proceedings. In certain cases, the debtor's account is seized and he may be given a prison sentence for failure to pay alimony.

If the debtor continues to evade the payment of alimony, according to the articles of the Code of Administrative Offenses of the Russian Federation, a fine of several thousand rubles is assessed. A court ruling deciding the case in favor of paying a fine can become significant evidence in bringing the debtor to criminal liability, who may be imprisoned. It became possible to initiate a case to bring the defaulter to criminal liability through bailiffs and by contacting the Ministry of Internal Affairs. The case materials are submitted to the court, and during the consideration of the case, a verdict is made on the guilt or innocence of the person who may be imprisoned.

Questions for a lawyer

Alina S. Tell me, do they go to prison for low alimony payments if the father has been on the employment exchange for more than a year and only pays a thousand rubles from benefits?

Lawyer's answer: No, in such cases the payer cannot be held liable. He conscientiously pays alimony from his available income, and the low amount of alimony is not a reason for prosecution.

Marina K. How long can I be imprisoned if my ex-husband has not helped our child for three years? They collected alimony, but I have the sheet and the bailiffs have nothing. Can he be imprisoned in this case?

Answer: No, they cannot. Enforcement proceedings are closed if you have the sheet, so you can only insist on collecting alimony for the previous period. The father of the child cannot be held accountable in this situation.

About alimony

Alimony is payments for the maintenance of a minor child or an adult disabled family member. Paying them is an obligation established by the Family Code of the Russian Federation. All issues regarding alimony can be discussed between the former spouses orally, but then the agreement should be recorded by a notary.

Also, payments for the child can be recovered in court. The amounts depend on the number of children: for one child - a quarter of the salary, for two - a third, for three or more - half. If the income is unstable, then alimony, at the request of the plaintiff, can be assigned in a fixed monetary amount, that is, in a fixed amount.

Who can not pay child support? The Supreme Court gave clarification on this issue on April 27, 2021 at Plenum No. 6. Valid reasons will be:

• disability or illness,
• conscription service in the armed forces,
• non-payment due to the fault of other persons: delayed wages, erroneous actions of the bank when transferring alimony,
• circumstances of force majeure (catastrophes, natural disasters, other obstacles).

Russians' alimony arrears are growing year after year, and the pandemic has accelerated the trend. Citizens leave their children without financial support: sometimes due to debt or lack of work, less often - deliberately hiding income. Unscrupulous parents resort to concealing income, finding employment with a “gray” or “black” salary, or moving to avoid paying their obligations.

But the law protects children. The legislator has provided a whole range of measures to combat evasion of alimony, the main goal of which is to respect the rights of the child, who must be financially secure.

How much child support do you have to avoid paying to get jailed?

There is no unambiguous link to the terms or amounts of debts here - a preventive measure in accordance with the Criminal Code of the Russian Federation is appointed after repeated violations are recorded, especially if they occurred during the execution of an already imposed punishment of lesser force.

As for administrative liability, according to the Code of Administrative Offenses, the alimony provider can be brought to it within two months after the initiation of enforcement proceedings, which occurs on the basis of an agreement/judicial act and a statement from the interested party.

Measures of influence on the alimony debtor

If the court has made a decision to collect child support, but the parent does not comply with the judicial act, the powers of the bailiff begin.

He initiates proceedings on this fact and calculates the amount of debt, and also carries out a set of compulsory measures to enforce the judge’s decision.

The following measures are applied to the defendant for late and non-payment:

• writing off money from bank accounts and deposits, and, upon a tip from the collector, checking electronic wallets and other digital assets of the debtor, How bailiffs work Article on the topic
• deprivation of the right to drive a vehicle (yes, the bailiff has the right to temporarily deprive a driver’s license and the debt is from 10 thousand rubles),
• restrictions on leaving the country,
• seizure of property and sale of valuable objects, except as specified in Art. 446 Code of Civil Procedure of the Russian Federation,
• wanted notice of the defaulter,
• administrative responsibility,
• criminal penalty.

To find the defendant’s accounts, his income, find out about his place of work and property, the bailiff sends requests to the tax service, the Pension Fund, the traffic police, banks and other institutions. The bailiff can check the accounting department of the enterprise where the parent is employed to ensure that alimony is calculated correctly and is transferred to the child’s mother.

FSSP officers usually begin working with the defendant with a conversation. During a personal meeting, they convince you to fulfill your obligations towards the child and talk about the consequences.

If the defaulter does not respond to educational conversations and does not pay alimony within 2 months, then he already faces administrative liability.

Art. 5.35.1 of the Code of Administrative Offenses regulates that if a report is drawn up, the parent faces arrest for 10-15 days, compulsory labor or a fine.

The decision to go into hiding is not an option. Bailiff on the basis of Art. 65 of Law No. 229-FZ has the right to carry out operational investigative actions. The debtor will not even be able to buy a ticket for air or railway transport.

Search for the debtor's property - procedure and deadlines in 2021 Article on the topic

If it is determined that the defaulter is healthy, but does not work and is not taking measures to find employment, the parent will be sent to the employment service, where he will be provided with work, even if this requires him to undergo professional retraining.

At the same time, the presence of disability does not relieve the obligation to support children - alimony will be collected from the pension.

The defaulter can challenge the actions of the bailiff, the calculation of debt under writs of execution and penalties in court, presenting his arguments.

What is malice?

The concept of maliciousness includes the actions or inaction of the payer, expressed in refusal to deposit funds into the recipient’s account. An important condition is the duration and intentionality of the violation.

Evasion actions are considered to be attempts to hide income or property. Inaction is understood as refusal to find employment or register with the Employment Center.

It is possible to recognize as malicious only the evasion of material content assigned by a court decision or a notarial agreement submitted for forced collection to the SSP. Voluntary maintenance is paid in the amount and frequency established by the alimony provider independently.

How to apply to court

If the patience of the alimony recipient has run out, he can file a statement of claim and go to court in search of justice.

An example of an application for alimony can be found here.

The claim must be drawn up in accordance with the law (Civil Code of the Russian Federation, Art. 131) and contain the following information:

• name of the judicial authority;
• information about the plaintiff (full name, address of registration, passport details, contact telephone number);
• information about the defendant debtor (full name, registration address and last known place of residence, telephone number, etc.).
• a detailed description of all the circumstances of the case (how the debt arose, attempts to resolve the issue, etc.);
• the amount of financial claims (claim price).

The statement of claim must be accompanied by copies of all documents you have regarding this case. An experienced lawyer will help you draft your claim correctly.

Concept

In order for a defaulter to be subject to criminal liability, several conditions must be met:

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 938-81-90 (Moscow)

+7 (812) 467-32-77 (Saint Petersburg)

8 (800) 301-79-36 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

1. Availability of a document obliging to pay child support - in order to take any action, you must have in your hands a court decision establishing alimony that has entered into force or a notarized alimony agreement.
   

   An example of an agreement can be viewed here.

2. Appeal to the Federal Bailiff Service - after transferring the documents you have, enforcement proceedings will be initiated in the case of non-payment of alimony and the “ordeal” of the defaulter will begin.
   

   If the bailiffs are unable to ensure the receipt of alimony payments within 4 months , the recipient will be able to contact them with an application to initiate a criminal case.

Which debtor is considered malicious?

Malicious evasion can be qualified according to the following criteria when the payer:

• often changes place of work and does not inform the bailiff about this;
• constantly changes his place of residence and avoids personal meetings and telephone conversations with bailiffs;
• hides income received unofficially;
• hides information about the presence of valuable property;
• has debt for a period of more than 4 consecutive months;
• repeatedly brought to civil and/or administrative liability for evasion of payments;
• received a warning from the bailiff about criminal liability, but does not take steps to pay off the debt.

Important! A prerequisite is the repetition of evasion actions.

Regulatory framework

If you are a defaulter

If you are a non-payer of alimony, it is important not to bring the matter to administrative or criminal punishment.

• The fact of administrative involvement, and even more so a criminal record, will be an obstacle to occupying certain government positions (civil service, Armed Forces, work in a bank, microfinance organization or with financial responsibility). You will be denied employment after a security check, even if your criminal record is not formally checked.
• A parent's criminal record will also have a negative impact on the child - in addition to the moral side, he will also not be able to work in certain structures.
• After the verdict is passed, the debt will not disappear anywhere - it will be subject to collection from the defaulter, even if he was sent to prison.

What to do to resolve the conflict and eliminate alimony debt? Negotiations will help if you begin to pay off the debt at the same time. Offer to adjust the payment amounts or transfer some property to the child - perhaps the ex-wife will agree to such an agreement.

When a criminal case has been initiated, at any stage of the investigation and trial you have the right to a defense attorney and legal assistance. Remember: Article 51 of the Constitution of the Russian Federation gives the right not to testify against oneself.

If you are burdened with credit and loans, think about bankruptcy and writing off arrears.

Assess your financial situation: are there any loans, mortgages, loans, installments. If the money situation is dire, it may be worth resorting to the bankruptcy procedure for an individual. In this case, alimony obligations will not disappear anywhere - they will not be written off either in court or in the MFC. But you will get rid of loans and use the freed money to pay off your child support debt.

Our lawyer-consultant will help you understand the bankruptcy procedure for an individual - contact us by phone or online on the website. A bankrupt is released from arrears to banks, microfinance organizations, collectors and housing and communal services - after the procedure, you will quickly pay off alimony debts and will not avoid criminal punishment.

Let's summarize: for failure to fulfill obligations to pay alimony, the debtor may face liability, even criminal liability. They can put you in prison - this is far from a myth, but a real situation, there are many examples of judicial practice.

Don't take things to the extreme. It is necessary to come to an agreement with the ex-spouse for the sake of the peace of mind of the children and their material well-being, to pay alimony in the established amount.

Is it possible to deprive a child support holder of parental rights?

Refusal of material support is a violation of the property rights of a minor. Malicious evasion may result in deprivation of rights.

Parents are subject to additional liability for failure to pay funds for a minor child. Deprivation of rights is a sanction that applies exclusively to parents. It is not mandatory and is applied at the discretion of those providing child protection.

The initiator of deprivation of parental rights may be:

• second parent;
• legal representative (guardian, trustee, foster parent, head of an organization for orphans);
• specialists from child protection authorities (guardianship department, prosecutor's office, KDN and ZP).

Deprivation of rights does not have to be applied jointly or after criminal liability. An authorized person has the right to file a claim in case of repeated application of administrative punishment.

Only a court can deprive rights. In this case, the responsibilities of the parent are retained in full. The alimony obligee remains in arrears in payments incurred before the court's decision. After the decision is made, the obligation to provide financial support is not canceled. Collection continues to the extent previously assigned.

If both parents are deprived of the rights of a minor, if there are candidates, he may be put up for adoption. It is possible to adopt a child no earlier than six months after the court decision on deprivation of rights comes into force.

After adoption, the parent loses not only his rights, but also his responsibilities towards the minor. From the moment the court decision on adoption comes into force, the citizen no longer has to pay alimony.

The decision to terminate payments is not made by the debtor independently. He must provide the SSP with a court decision on adoption or a copy thereof certified in court.

Important! Debt incurred before adoption is not written off. Enforcement proceedings to collect the debt continue.

In exceptional cases, the court may leave the obligation to pay child support to the blood parents.

Grounds for collecting alimony

Alimony obligations often become relevant after a divorce, when ex-spouses separate and one of them relieves himself of responsibility for maintaining their common minor children. Then a parent who consciously fulfills his duty (for example, the mother with whom the child remains) can try to come to an agreement with his spouse or apply for the collection of alimony through the court.

The contents of the agreement are agreed upon by the parties in advance, drawn up in duplicate and certified by a notary. In its legal force, it is not inferior to a court order issued in response to an application for alimony.

Both of these documents are grounds for withholding funds from the payer and a reason for holding him accountable in case of violation of these regulations.

Signs of malicious evasion

Not every debtor can be prosecuted. A debt to pay financial support can arise regardless of the citizen’s intentions. Various life situations cannot be excluded in which a person is unable to repay the debt (dismissal, long-term hospital treatment).

Even if a court case is initiated for prosecution, in the absence of intent, a person will be able to prove his innocence and avoid criminal liability. To do this, you must provide documents confirming the reasons for the lack of income.

Facts confirming malicious evasion:

• concealment of salary, other income and valuable property;
• change of permanent and temporary registration;
• reluctance to look for permanent employment;
• long period of evasion of obligations (from 4 months);
• formation of large amounts of debt.

Concealment of wages and other types of income

The most popular type of collection of funds for the needs of disabled relatives is a percentage ratio. For example, for one child, a person pays 25% of the salary and all other income provided by law.

A citizen is obliged to inform the bailiff about all income and valuable property that belongs to him by right of ownership. For its part, the contractor is obliged to make inquiries to banking organizations about the availability of accounts and deposits, to Rosreestr, about the availability of real estate and land plots. It is possible to request information from other organizations to identify property that the payer has not reported.

Actions aimed at concealing information about income received (gray or black salary, unofficial employment), transferring property to third parties (to parents, so as not to pay funds for the child) are qualified as evasion of payments. Performed repeatedly or in conjunction with other measures to illegally reduce or refuse to make payments are signs of maliciousness.

Change of debtor registration

Changing the registration and hiding this fact from the bailiff is a violation on the part of the payer. If the ex-husband is hiding and does not make timely payments, then the bailiff is obliged to put him on the wanted list.

Actions aimed at complicating the work of the SSP recognize evasion of payment of financial support for relatives as malicious.

Refusal of employment

Reluctance to find a job is understood as a regular change of jobs for any reason (dismissal at the initiative of the employer or alimony provider). In the absence of official employment, the payer is required to register with the Employment Center in order to select a suitable vacancy.

Refusal to look for work or frequent changes of jobs is classified as malicious evasion of supporting family members.

Evasion period and amount of debt

If you refuse to pay financial support for your relatives for a long time, a large debt is formed. If a child support worker has a debt, the law allows 70% of his income to be withheld to pay it off.

A citizen’s refusal to deposit funds for 4 or more months is grounds for bringing the person to justice. The size of the debt does not matter.

Arbitrage practice

Submission of documents to the court is preceded by the procedure for preparing a court case. It is a package of documents that make up the evidence base. To form it, the following procedures are carried out:

• the circumstances of the case are established (reasons for non-payment and their validity);
• information about the payer is collected (address, marital status, position and place of work, types of income, amount of debt, timing of debt formation);
• sending a warning about the possibility of applying criminal liability for evasion of payment of financial support 2 times;
• drawing up a bailiff's report;
• collection of evidence;
• sending the case to court.

If the recipient is interested in holding the alimony payer accountable, he can take an active part in preparing the evidence base. Additionally, he will be involved in the trial.