It is not enough to have legal grounds for collecting alimony in order to actually fulfill the requirements specified in the executive documents. What is the work of bailiffs for enforcement, you will learn from this article.

The work of bailiffs for the recovery of alimony

Alimony is collected on the basis of the following documents:

• writ of execution;
• court orders;
• properly certified agreements on the payment of alimony.

The recipient of funds for the maintenance of a dependent has the right to independently send the above documents for execution to the organization where the debtor works, or to seek help from the bailiff service department.

According to paragraph 2 of Art. 12 of Federal Law No. 118, in order to enforce the collection of alimony, the bailiff has the right:

• receive information, including personal data, explanations, certificates from individuals and organizations;
• conduct inspections of employers on the issue of withholding the income of debtors necessary for the transfer of alimony;
• give instructions to the participants in the proceedings for the timely performance of enforcement actions established by law;
• take measures in the form of seizure of property, its withdrawal, transfer to safekeeping, sale at public auction;
• enter the premises of debtors, conduct an inspection;
• search for the debtor and his property;
• send requests to the competent authorities in order to provide clarifications on the procedure for the implementation of executive documents;
• exercise other powers provided for by Federal Law No. 229.

The procedure for the work of bailiffs on alimony

Alimony proceedings are carried out in the following order:

1. Having received a writ of execution (court order, agreement), the bailiff issues a decision, which begins the proceedings on the recovery of alimony. This document is produced within three days.
2. It reflects the amount of periodic payments, the debt to the recoverer for the previous period (if any). The act indicates the requirement for the debtor to fulfill legal requirements, as well as to inform about the place of work and their sources of income.
3. A copy of the issued decision is sent to all participants in the enforcement proceedings, including the court that issued the enforcement document.
4. The bailiff carries out actions to establish the place of residence of the debtor, his work, additional sources of funds, movable, immovable property. To do this, the civil servant sends various kinds of requests, makes inquiries, etc. etc.
5. An official of the bailiff service organizes the giving of instructions to the administration of the enterprise where the debtor works. The accounting department independently withholds the funds due to the recoverer on the basis of the executive document and transfers them to the latter. The term for disbursement of funds does not exceed three days from the date of accrual of salaries to employees of the enterprise.
6. If the accounting department delays transfers for any reason, then the bailiff should be informed about this fact, who will organize the verification of the correctness and timeliness of fulfilling the requirements of the executive document. In case of violations, a fine is issued to the head of the enterprise.
7. Provided that the debtor does not independently provide information about income at the place of work, then his monthly income is calculated from the average salary established in the region of residence.
8. As necessary, in the absence of the required information about the debtor, the bailiff organizes his search. The exactor himself has the right to initiate search activities, as well as to suspend proceedings. This will require a written statement.
9. With a long-term debtor, the recipient of payments, including his legal representative, has the right to apply for judicial protection and recovery from the debtor for maintenance payments. In addition, it is possible to bring the debtor to liability under the criminal law (Article 157 of the Criminal Code of the Russian Federation).
10. The bailiff, in the presence of a debt, forecloses on the property of the debtor, which is subsequently sold at public auction. The proceeds are used to pay off liabilities. If the specified amount is more than necessary to cover the debt, then the rest is returned to the debtor.

In general, the bailiff is obliged to take all possible measures necessary for the actual execution of the requirements of the executive document. In practice, the work of bailiffs for alimony is not always performed properly. This is due either to the heavy workload of civil servants, or their incompetent attitude and even negligence. In these cases, it is recommended to constantly monitor the work of bailiffs, for this

The bailiff is an official whose powers include the execution of decisions and orders of the court. As for alimony, the bailiffs are a kind of intermediate link between the two parties - the former spouse and wife.

When one of the parties refuses to comply with legal requirements, i.e. monthly give a certain amount of money for the maintenance of a common child, then the other side is trying to get alimony through the bailiffs.

Any employee of the FSSP acts only on the basis of a writ of execution, i.e. document issued by the court. The ex-wife or spouse (depending on who the child stayed with after the divorce) receives this decision in their hands, after which they need to take it to the bailiff service.

Having received a court decision and an application from a person counting on alimony, the bailiff initiates enforcement proceedings.

It is difficult to overestimate the duties of a bailiff to recover alimony from the debtor, because this is part of his direct official duties.

Next, he sends a notice to the evading party to come to the bailiff service for an explanation. The debtor must clearly explain why he evades his obligations to pay alimony. For example, he is in a difficult situation because he is temporarily unemployed.

The debtor must sign an agreement in which he undertakes to get a job within a certain time, or register with an employment center. He must also be warned that further evasion of payments may lead to the initiation of criminal punishment against him under the first part of Article 157 of the Criminal Code of the Russian Federation.

Duties of bailiffs for alimony

The work of alimony bailiffs is built strictly on the basis of a court verdict, i.e. the procedure for collecting alimony by the bailiff must comply with applicable law.

In order for an employee to begin collecting alimony debt, he must receive an executive document from the interested party.

When collecting alimony, the bailiff is endowed with a certain list of powers and corresponding duties:

• call a recoverer, debtor or officials to himself in order to obtain the necessary explanations or documents.
• Make certain inquiries regarding the work of the evader, his income, residence and actual residence. The bailiff can also submit requests to various institutions - the traffic police, the BTI, his place of work, in order to find out about the availability of real estate, a car or types of property.
• A requirement from the organization in which the debtor works to deduct a fixed amount from his salary every month, which is determined by the court. The organization must transfer this money to the creditor's account within 3 days.
• Make visits to the place of residence of the debtor, enter the premises in order to evaluate the property included in his property.
• Arrest of property. At the same time, the value of the seized property should not exceed the amount of the debt itself.
• Contact banking institutions with a request about the availability of open accounts and deposits of the debtor. If he has them, then an amount equivalent to the size of the debt is debited from the accounts.
• If the location of the person evading payments is unknown, then the bailiff is obliged to put him on the wanted list.

All duties, as well as the effective rights of the bailiff, are clearly spelled out in Law "On Enforcement Proceedings". Its main duty is to maintain the existing constitutional order.

In other words, any of his actions should not be contrary to the current legislation, i.e. he must act legally.

For example, the question may arise Can bailiffs seize child support?

The Law on Enforcement Proceedings states that certain types of income cannot be seized as a result of enforcement proceedings. Thus, child support received by a former spouse cannot be arrested to pay debts in other filed cases.

This situation is not uncommon when a woman receives alimony from her ex-husband to her bank account, which is often the only source of income.

Naturally, there may not be enough money for something, so the bailiffs initiate enforcement proceedings against her if she does not pay utility bills, loans, etc.

From this side everything is legal, but bailiffs are not entitled to arrest the account where child support is received. If this happens, then the victim must contact the superior person of the bailiff service. Now we know that the answer to the question of whether bailiffs can seize alimony is negative.

If the bailiffs have arrested alimony, you should not rush to court, because this can happen due to an elementary mistake.

All employees of the FSSP are familiar with paragraph 7 of Article 101 of Federal Law 299 "On Enforcement Proceedings". It is expressly stated there that alimony is the property of minor children, i.e. they cannot be used as debt repayment under other court orders.

Database of debtors for alimony bailiffs

This service has a single database, which includes all the people against whom enforcement proceedings have been initiated. This database contains persons who evade paying their alimony.

The information is not closed, so you can check the alimony of bailiffs via the Internet:

In addition to the bailiff database of alimony debtors, you can find out if you have alimony debt from the bailiffs personally.

If you do not know how to write, the form can be downloaded here.

Collection procedure

In order for the alimony collection department to start the process, it needs to provide an executive document and a corresponding application.

For the competent preparation of the application, you need to go to the bailiff service, where you can see a sample. Such a statement will mention the court order on the basis of which alimony is collected, as well as to whom this measure is applicable. Compiling an application is not difficult, but collecting documents can take time.

After an official receives an application for the recovery of alimony, he must open enforcement proceedings within three days.

There is a certain procedure for collecting alimony by bailiffs:

In some cases, bailiffs may be required to provide a certificate of alimony to the court. At the same time, the debtor himself may also need it to provide it to a bank, employment center or other types of institutions.

Such a certificate can be obtained at the place of work, i.e. the agency responsible for withholding part of the salary.

It can also be obtained from the bailiff who is involved in the process of collecting alimony.

Conclusion

Recovery of alimony from the debtor is a legal requirement of the second party but this process does not always go smoothly. The fact is that bailiffs are literally overwhelmed with such cases, so their effectiveness is not always up to par.

That is why, a person must himself participate in this process, find out the location of the debtor and perform other actions that can help the bailiff in his work.

In accordance with the Law of 02.10.2007 N 229-ФЗ “On Enforcement Proceedings”, the executive documents on the basis of which alimony is collected (withholding of alimony by the accountant of the organization) are: writ of execution, court orders and notarized agreements on the payment of alimony.

Amount of alimony

The amount of alimony is established by a judicial act or an agreement on the payment of alimony and is indicated in the executive document.
Alimony is collected monthly:

1) As a share of earnings, i.e. monthly in the amount of one quarter - for one child, one third - for two children, half of the earnings and (or) other income of parents - for three or more children (clause 1, article 81 of the Family Code of the Russian Federation).

2) In a fixed amount of money corresponding to a certain number of minimum wages. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

3) Simultaneously in shares (in accordance with article 81 of the Family Code) and in a fixed amount of money.
The amount of deductions under executive documents has limits. Thus, the total amount of all deductions in the payment of alimony for minor children, taking into account the costs of transfer, cannot exceed 70%. This is provided for in Art. 138 of the Labor Code of the Russian Federation and paragraph 3 of Art. 99 of the Law N 229-FZ "On Enforcement Proceedings". Moreover, the amount of deductions is determined on the basis of the amounts remaining after the withholding of taxes (clause 1, article 99 of Law N 229-FZ “On Enforcement Proceedings”).
In accordance with Art. 109 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) administration of the organization at the place of work of the person who is obliged to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution, court order, is obliged to withhold alimony monthly from wages and (or) other income of a person, obliged to pay alimony, and to pay or transfer them at the expense of the person obliged to pay alimony, to the person receiving alimony, no later than three days from the date of payment of wages and (or) other income to a person obliged to pay alimony.
The employer must, no later than 3 days from the date of payment of wages to the person paying alimony, pay or transfer them to the recipient's account (Article 109 of the RF IC). In turn, the alimony recipient chooses how it is more convenient for him to receive alimony:
at the cash desk of the organization where the alimony payer works;
from the bank account to which the alimony is transferred;
postal transfer.
The recipient must inform the accounting department of the organization making the withholding about the decision made by writing an application that, among other things, reflects the method of receiving the money, postal address, and, if necessary, bank account details.
According to Art. 109 of the RF IC, the administration of the organization at the place of work of a person obliged to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution, is obliged to withhold alimony from his salary and (or) income on a monthly basis and pay or transfer them at the expense of the same person to the recipient of alimony no later than within three days from the date of payment of wages and (or) other income to the person obliged to pay alimony.
At the same time, part 3 of article 98 of the Law also obliges the accountant to pay or transfer the withheld funds to the claimant within three days from the date of payment of wages by postal order or by crediting to a personal account opened with a bank. The transfer and transfer of funds for alimony is made at the expense of the debtor.

When issuing alimony in cash from the cash desk of the organization personally to the recipient or by his power of attorney, the cashier is obliged to note the number, date and place of issue of the presented passport or other document proving the identity of the recipient, as well as the place of its registration.

Alimony indexation

In accordance with Art. 117 of the IC of the Russian Federation, the indexation of alimony collected by a court decision in a fixed amount of money is carried out by the administration of the organization at the place where the alimony is withheld in proportion to the increase in the minimum wage established by law. At the same time, in accordance with Art. 102 of the Law, the employer is obliged to issue an order (instruction) on the specified indexation.
For the purpose of indexation, the amount of alimony is set by the court in a fixed amount of money corresponding to a certain number of minimum wages.
In the agreement on the payment of alimony, a different indexation procedure may also be established. If such an order is not stipulated, the amount of alimony should be indexed in accordance with Art. 117 IC of the Russian Federation.

Types of income from which alimony is deducted

Types of earnings and (or) other income that parents receive in rubles and (or) in foreign currency and from which alimony collected for minor children is deducted in accordance with article 81 of the IC of the Russian Federation (clause 1 of article 81: in the absence agreements on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents), are determined by the Government Russian Federation.
The list of types of wages and other income from which alimony for minor children is deducted is approved Decree of the Government of the Russian Federation of July 18, 1996 No. 841:

Withholding of alimony for the maintenance of minor children is carried out:

List of types of wages and other income
All types of wages (cash remuneration, maintenance) and additional remuneration, both at the main place of work and for part-time work, received in cash (rubles or foreign currency) and in kind, including:	a) Wages accrued at tariff rates, salaries (official salaries) for hours worked, for work performed at piece rates, as a percentage of proceeds from the sale & products (performance of work, provision of services), issued in non-monetary form, or commission, wages accrued to teachers of institutions of primary and secondary vocational education for teaching hours in excess of the established and (or) reduced annual teaching load;
	b) Monetary allowance (remuneration) and other payments accrued for hours worked to persons holding public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, positions of the federal state civil service, positions of the state civil service of the constituent entities of the Russian Federation, deputies, members of elected bodies of local self-government , elected officials of local self-government, members of election commissions of municipalities acting on a permanent basis;
	c) Monetary allowance and other payments accrued to municipal employees for hours worked;
	d) Fees accrued in the editorial offices of the media and art organizations to employees who are on the payroll of these editorial offices and organizations, and (or) remuneration, carried out at the rates (prices) of the author's (staged) remuneration;
	e) Increases and additional payments to tariff rates, salaries (official salaries) for professional skills, class, length of service (work experience), academic degree, academic title, knowledge of a foreign language, work with information constituting a state secret, combination of professions (positions) , expansion of service areas, increase in the volume of work performed, management of the team and others;
	f) Payments related to working conditions, including payments due to regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, as well as payments for work at night, on weekends and non-working holidays, payment for overtime work;
	g) Amounts of remuneration to teaching staff of state and municipal educational institutions for performing the functions of a class teacher;
	h) Cash payments to medical personnel of feldsher-obstetric stations, doctors, paramedics and nurses of stations (departments) of emergency medical care, as well as district general practitioners, district pediatricians, general practitioners (family doctors), nurses of district doctors - local therapists, district pediatricians, nurses of general practitioners (family doctors);
	i) Bonuses and remuneration provided for by the wage system;
	j) The amount of average earnings retained by the employee in all cases provided for by labor legislation, including during vacation;
	k) The amount of additional remuneration to employees, with the exception of employees receiving a salary (official salary), for non-working holidays on which they were not involved in work;
	l) Other types of payments to wages established by the legislation of the constituent entity of the Russian Federation or applied by the relevant employer.
Other income	All types of pensions, taking into account monthly increases, allowances, raises and additional payments to them, established by certain categories of pensioners, with the exception of survivors' pensions paid at the expense of the federal budget, and payments to them at the expense of the budgets of the constituent entities of the Russian Federation;
	Scholarships paid to students in educational institutions of primary, secondary and higher vocational education, graduate students and doctoral students studying off-duty in graduate and doctoral studies at educational institutions of higher vocational education and research institutions, students of theological educational institutions;
	Temporary disability benefits, unemployment benefits (only by court decision and court order for the recovery of alimony or a notarized agreement on the payment of alimony);
	Amounts paid for the period of employment to those dismissed in connection with the liquidation of the organization, the implementation of measures to reduce the number or staff;
	Income of individuals engaged in mining activities;
	Income from entrepreneurial activities without forming a legal entity;
	Income from the lease of property;
	Income from shares and other income from participation in the management of the organization's property (dividends, payments on equity shares, etc.);
	Amounts of material assistance, except for one-time financial assistance paid out of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, extra-budgetary funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources in connection with a natural disaster or other emergency circumstances , in connection with a terrorist act, in connection with the death of a family member, as well as in the form of humanitarian assistance and for assisting in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
	Amounts paid in compensation for harm caused to health;
	Compensation payments from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
	Amounts of income received under contracts concluded in accordance with civil law, as well as from the sale of copyright and related rights, income received for the performance of work and the provision of services provided for by the legislation of the Russian Federation (notarial, advocacy, etc.);
	An amount equal to the cost of the issued (paid) food, with the exception of therapeutic and preventive nutrition, as well as other payments made by the employer in accordance with labor legislation, with the exception of monetary amounts paid in connection with the birth of a child, with the death of relatives, with marriage registration , as well as compensation payments in connection with a business trip, with transfer, hiring or assignment to work in another locality, with wear and tear of a tool belonging to an employee.
Monetary allowance (maintenance) received by military personnel, employees of internal affairs bodies and other categories of persons equated to them, including:	a) military personnel;
	b) Employees of the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, as well as employees of the customs system;
	c) Military personnel and employees of the internal affairs bodies, the State Fire Service.

The collection of alimony from the amounts of wages and other income due to the person paying the alimony is carried out after the deduction (payment) of taxes from this wage and other income in accordance with tax legislation.
From those sentenced to corrective labor, the recovery of alimony according to executive documents is made from all earnings, minus deductions made by sentence or court order. From convicts serving sentences in correctional colonies, colonies-settlements, prisons, educational colonies, as well as persons who are in the narcological departments of psychiatric dispensaries and inpatient medical institutions, the recovery of alimony is made from all earnings and other income minus deductions for reimbursement of expenses for their content in these institutions.

Alimony cannot be withheld from the following types of income (in accordance with Article 101 of the Federal Law "On Enforcement Proceedings"):

1) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
2) sums of money paid to persons who have received injuries (wounds, injuries, contusions) in the performance of their official duties, and to their family members in the event of death (death) of these persons;
3) compensation payments from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
4) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
5) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
6) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with a business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
7) insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits;
8) survivor's pensions paid out of the federal budget;
9) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
10) allowances to citizens with children, paid at the expense of the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets;
11) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children";
12) the amount of one-time material assistance paid out of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, off-budget funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
13) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
14) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
15) social benefit for burial.
Exception: for maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of a breadwinner, restrictions are not applied on foreclosure on amounts of money paid in compensation for harm caused to health and compensation payments at the expense of the federal budget, the budgets of subjects Russian Federation and local budgets to citizens affected by radiation or man-made disasters.

Excessive, withheld amounts of alimony

• In accordance with the Labor Code of the Russian Federation, in the case when alimony was withheld from the employee and transferred to the recipient in a larger amount, the employer is obliged to return the overdeducted amount to the employee.
• Reimbursement of expenses of the organization for the payment of monetary amounts is carried out in accordance with the Labor Code of the Russian Federation, the Civil Code of the Russian Federation.
• Alimony is non-refundable: in accordance with paragraph 3 of Art. 1109 of the Civil Code of the Russian Federation are not subject to return as unjust enrichment, in particular, alimony in the absence of bad faith on the part of the alimony payer and a counting error. If the recipient of the alimony does not agree to return them voluntarily, it is necessary to recover the overpaid alimony through the court, where it is necessary to prove that the overpayment occurred as a result of a counting error (counting errors are arithmetic errors, errors resulting from a program failure, etc.; they do not include distortions resulting from the incorrect application of labor law norms).

If the child support payer quits

When the debtor is dismissed or transferred to another organization, the accounting department of the organization must notify the bailiff and the person receiving alimony of the dismissal within 3 days. If information is available, the new place of work or residence should also be reported. On a copy of the executive document, it is necessary to make notes on the amounts of all deductions and the amounts of the remaining debt, certify them with the seal of the organization, and then within 3 days transfer a copy of the executive document by registered mail to the bailiff service at the debtor's place of residence, if it is unknown, then to the service bailiffs at the new place of work, and if it is unknown - to the bailiff service at the last known place of residence of the debtor. Any movement of the writ of execution must be notified in writing to the recipient of alimony.
Upon dismissal of an employee who voluntarily pays alimony upon application, the deduction of alimony is terminated. However, this must be immediately reported to the recipient of the alimony. Withholding of alimony can be resumed on the basis of a newly submitted application by the employee at a new place of work.
In accordance with paragraph 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation, the loss of an executive document, as well as the untimely sending of an executive document, entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles; on officials - from fifteen thousand to twenty thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.

Calculation of personal income tax

The amount of alimony due to be withheld is determined from the entire accrued wages (with the exception of payments from which alimony is not withheld) minus the calculated amounts of personal income tax (Article 99 of Law N 229-FZ). The amount of deductions from wages and other types of income of the debtor is calculated from the amount remaining after the withholding of personal income tax.
Like all payers of personal income tax, employees from whom alimony is withheld can be provided (if there are grounds) for various types of tax deductions.

• In practice, sometimes several executive documents come to one employee. Then the total amount of deductions may exceed the limit allowed by law. This means that debt collection may be formed. The order of deductions depends on their order. The order of satisfaction of requirements is established by Art. 111 of Law N 229-FZ. First of all, write-offs are made according to executive documents providing for the recovery of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, and a claim for compensation for moral damage.

Secondly, claims are satisfied for the payment of severance pay and remuneration of persons working (worked) under an employment contract, as well as for the payment of remuneration to the authors of the results of intellectual activity.
Thirdly, the requirements for obligatory payments to the budget and extra-budgetary funds are satisfied.
Fourthly, all other requirements are satisfied.
If the amount of money recovered from the debtor is insufficient to satisfy the requirements of one priority in full, such requirements are satisfied in proportion to the amount due to each recoverer specified in the executive document. When withholding on several executive documents, the employee must be kept 50% of earnings. But if one of the executive documents is a document on the recovery of alimony for minor children, up to 70% of earnings can be withheld from such an employee.

• When a debtor is presented with claims with different sequence of repayment, they are satisfied in the order of the established priority.
• The executive document may be received by the organization after the start of the alimony collection period, since alimony is awarded from the moment the court goes to court, i.e. from the date of the claim. If the employee has been constantly working in this organization since the beginning of his maintenance obligations, the debt for previous months (previous periods) should be withheld from him.

Termination of deductions of alimony from wages and (or) other income of a person obliged to pay alimony

The grounds for termination of maintenance obligations are established in Art. 120 RF IC. If alimony was established by a notarized agreement, their payment is terminated in the following cases:
death of one of the parties;
expiration of the agreement;
other grounds stipulated by the agreement. Recovery of alimony established by a court order shall be terminated:
when the child reaches the age of majority or in the event that minor children acquire full legal capacity before they reach the age of majority;
upon adoption (adoption) of a child for whose maintenance alimony was collected;
when the court recognizes the restoration of working capacity or the termination of the need for assistance of the alimony recipient;
upon entry of a disabled former spouse in need of assistance - the recipient of alimony into a new marriage;
in the event of the death of a person receiving alimony, or a person obliged to pay alimony.
After the termination of deductions of alimony from wages and (or) other income of a person obliged to pay alimony, a copy of the executive document is returned to the bailiff - executor with the attached statements of deductions.

Grounds for the termination of enforcement proceedings initiated on the basis of a writ of execution for the recovery of alimony by a bailiff:

1) upon reaching the age of majority by the child or in the event that minor children acquire full legal capacity before reaching or reaching the age of majority, in the absence of alimony arrears;

2) sending a copy of the writ of execution to be deducted from the debtor's salary if there is a debt for alimony of less than 10 thousand rubles;

• When sending an executive document on the recovery of alimony for the maintenance of two or more children, it is necessary to instruct the accounting department, upon reaching one of the children of majority, to withhold alimony in accordance with the Family Code of the Russian Federation.

Checking the accounting department that deducts alimony from wages and (or) other income of a person obliged to pay alimony

The organization (enterprise), to which the bailiff sends a copy of the executive document on the collection of periodic payments, is included in the register of organizations (enterprises), which is maintained in the structural divisions of the territorial bodies of the FSSP of Russia.
In the specified register of organizations (enterprises), upon the fact of the audit of the accounting department, appropriate notes are made on the progress in the execution of the directed order to withhold funds, indicating the date and results of the audit.
In accordance with the instruction of the Federal Bailiff Service of Russia dated November 10, 2008 No. 12 / 01-1491-HV on enforcement proceedings for the collection of non-periodic payments within the framework of incomplete enforcement proceedings, the accounting departments of organizations (enterprises) are checked at least once every six months, for completed enforcement proceedings for the recovery periodic payments - at least once a year at the initiative of the bailiff or at the request of the recoverer.
The head of the department - the senior bailiff directly draws up a schedule for the scheduled audits of the accounting departments of organizations (enterprises) that deduct money from wages or other incomes of debtors by bailiffs-executors, ensuring monthly inspections in the framework of enforcement proceedings on the collection of alimony payments and funds in benefit of credit institutions in accordance with the procedure for conducting inspections of organizations (enterprises).
An unscheduled audit of the accounting department of an organization (enterprise) by visiting an organization (enterprise) must be carried out without fail upon receipt of an appeal (complaint) from the claimant about the non-receipt of funds from the place of work (receipt of other income) of the debtor.
The enforcement actions provided for in clause 16 of part 1 of article 64 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Law), the bailiff has the right to perform independently or in the manner prescribed by part 6 of article 33 of the Law.
If the audited organization is located in the territory covered by the powers of the bailiff, the actions to check the accounting department of the organization (enterprise) are carried out independently by going to the organization (enterprise) and requesting the necessary documents or sending a request to submit documents to the structural unit of the territorial authority FSSP of Russia.
When conducting an audit of the accounting department of an organization (enterprise), the bailiff draws up an act of checking the correctness of the deduction and transfer of funds by the accounting department of the organization (enterprise). The deed must include the following:
the date of receipt of the decision to withhold funds and a copy of the executive document to the relevant organization;
date of issuance of wages or other income to the debtor;
the date of transfer of funds to the current account specified in the decision to withhold funds (check the timeliness of the transfer);
the amount of accrued cash and the amount of cash remaining after taxes have been withheld (money due to be paid);
the amount of funds transferred by order of the bailiff-executor to withhold funds (check the correctness of the transfer);
the procedure for transferring funds in accordance with the requirements of Article 111 of the Law.
The act (copy of the act) of the verification of the correctness of the deduction and transfer of funds by the accounting department of the organization (enterprise), the bailiff must attach to the materials of the enforcement proceedings, within which the verification is organized.
If violations of the legislation of the Russian Federation are found in the actions of officials of the organization (enterprise), the bailiff decides on bringing them to responsibility established by law.
If during the audit of the accounting department (organization) violations of labor or tax legislation are detected, the bailiff should inform the territorial bodies of Rostrud and the FPS of Russia with these facts, attaching documents confirming the violation.
At the same time, the head of the department, a senior bailiff, organizes work to control the implementation by the territorial bodies of Rostrud and the Federal Border Guard Service of Russia of the provisions of interdepartmental agreements on taking measures to respond to information received from bailiffs.
If, during an audit of the accounting department of an organization (enterprise), an administrative offense is identified, the responsibility for which is provided for by the relevant article of the Code of the Russian Federation on Administrative Offenses, the bailiff issues a decision on the imposition of an administrative fine against the guilty person.
The head of the organization (enterprise) that makes the withholding may be held criminally liable for obstructing the execution of a judicial act that has entered into legal force, as provided for in Article 315 of the Criminal Code of the Russian Federation.
In accordance with paragraph 2 of Article 12 of the Federal Law “On bailiffs”, the bailiff-executor has the right to check with employers, regardless of the organizational and legal form of the enterprise, the execution of executive documents for debtors working for them and the maintenance of financial documentation for the execution of these documents.
The check, as a rule, is carried out by a bailiff - the executor of the bailiff unit at the location of the employer.

The location of the employer (organization) is established:
The verification of the employer is carried out at the initiative of the bailiff - the executor and (or) in connection with the receipt of applications from the claimants (applications for non-transfer of alimony; for accrual and deduction of alimony; small amount of alimony, etc.). Based on the results of the audit, an act of verification of the execution of executive documents by the accounting department is drawn up (Appendix No. 1).
Verification is carried out by checking the statement of deductions (Appendix No. 2) of alimony; financial documents confirming the calculation of wages to the alimony payer; financial documents confirming the transfer, issuance of alimony to their recipient.
The correctness and timeliness of deductions of alimony, the timeliness of the transfer of alimony to their recipient are checked.
The location of the employer (organization) is not established:
During the audit of the accounting department, it was established that the organization is not located at the specified address, the location is unknown. In this case, the bailiff - the executor draws up an act of enforcement actions, which reflects the fact of the absence of the organization. Thus, the measures for the preliminary search of the organization did not give results - the bailiff - the executor refers to the bailiff - the executor on the search for search activities to identify the location of the organization.

So, you have received a court order for the recovery of alimony. Now, in order to receive alimony from your ex-husband, you need to transfer a writ of execution to the place of work of the payer. But what if the ex does not pay child support? Transfer the writ of execution to the FSSP, where bailiffs for alimony will deal with it.

As a rule, bailiffs for alimony are involved in the event that the payer is from paying or hides part of his income.

The bailiff is, first of all, an official who is obliged to strictly follow the instructions and all the provisions of the Federal Law “On Enforcement Proceedings”.

The main functions of bailiffs include:

1. Execution and control over the execution of court decisions or orders;
2. Forced collection of alimony and debts;
3. Use of special measures of influence on the debtor:
   1. Arrest and confiscation of property;
   2. Restriction of the right to travel abroad;
   3. Loss of driver's license for non-payment of child support.
4. Controlling the spending of alimony.

All of these functions are performed only after the opening of enforcement proceedings for the recovery of alimony, i.e. the appearance of the payer's first alimony debts. Debt collection will be carried out based on the writ of execution.

The rights of bailiffs

The bailiff service refers to the executive authorities, one of the goals of which is to protect the interests of minor children and their right to receive alimony. To do this, they were endowed with the following powers and rights:

1. The right to call the debtor or recipient of alimony, as well as the employer of the payer or accountant from the place of work:
   1. To obtain the necessary documents;
   2. To collect information;
   3. Notifications on the course of enforcement proceedings.
2. Collecting data about the debtor, checking documents and establishing the place of work and residence of the debtor;
3. The right to send requests to organizations associated with the payer or having information about him:
   1. traffic police;
   2. Pension Fund of the Russian Federation;
   3. Tax Service;
   4. Employer.
4. The right to compel the debtor to pay alimony;
5. Forcing the employer of the payer to pay child support within 3 days;
6. To leave and visit the debtor's property and assess its property;
7. The right to seize and seize the property and funds of the debtor, but only within the amount of the debt, etc.

When collecting evidence of the debtor's malicious evasion from paying alimony, alimony bailiffs can take the case to court. For evading payments, the defaulter can receive criminal penalties up to imprisonment.

When to contact the bailiff service and where are they located?

As well as filing a claim for alimony, the law does not limit the recipient in terms of transferring the writ of execution to the bailiff service.

Enforcement proceedings can be opened from the moment the writ of execution is received and until the child reaches the age of majority. Collection of debts on alimony for the last three years is allowed until the 21st birthday of the child.

If necessary, an adult child will receive the right to apply to bailiffs to recover alimony arrears from the debtor for the past period (up to three years).

Thus, the alimony debt is withheld from the debtor:

1. Over the past three years;
2. For the period from the filing of a writ of execution to bailiffs and until the age of majority of the child.

Bailiffs for alimony also calculate alimony for each day of debt and.

Subdivisions of the Federal Bailiff Service (FSSP) are located in each territorial district and locality of Russia. You can find out the address of the nearest branch of the bailiff service on their official website - http://fssprus.ru/:

1. In the search form, enter:
   1. Republic, territory or region;
   2. City, village or neighborhood where you live.
2. Contact the site support service to obtain the address of the FSSP.

Here you can find the contact phone number of the FSSP unit.

What documents are needed to open enforcement proceedings?

So, in order to collect alimony through the bailiffs, the recipient must provide the bailiffs for alimony with the following documents, depending on who and when the payments for the child were assigned:

• Executive document on which alimony is assigned:
  • Performance list;
  • A court order for the recovery of alimony;
  • Judicial decision on the appointment and collection of alimony;
  • An agreement on the payment of alimony, concluded between the parents of the child and certified by a notary.
• Alimony recipient's passport;
• Birth certificate of the child;
• Bank details of the alimony recipient or postal address.

It is advisable to make 2 copies of each document. However, this is not essential.

Sample application to bailiffs for the recovery of alimony

You can download a sample application for initiating enforcement proceedings. (for 2017).

There are two ways to submit an application to the head of the bailiff service department:

• Personally;
• By registered mail.

The application is considered by the senior bailiff within three days from the date of its transfer. The recipient and the debtor will be notified of the opening of enforcement proceedings by mail or in person.

What do bailiffs do if the debtor refuses to pay child support?

So, if the debtor refuses to pay alimony voluntarily, then the bailiffs proceed to the forced collection of the debt. For this they:

1. Install:
   1. Place of work of the debtor;
   2. Ownership of the debtor;
   3. debtor's income.
2. Attracts to work:
   1. accounting department of the employer;
   2. Tax Service;
   3. traffic police;
   4. Bank branches.

We note right away that the first stage of collecting information about the debtor does not always bring effective results, firstly, because of the workload of bailiffs, and secondly, because of the measures taken by debtors to hide their income. Sometimes claimants are forced to control bailiffs and write petitions in a timely manner:

1. On the restriction of the debtor's right to travel abroad;
2. On the imposition of arrest on the property of the debtor;
3. On the calculation and accrual of a penalty for alimony, etc.

If the claimant has complaints about the unwillingness of the bailiff to work, then he has to file a complaint against the inaction of the bailiffs. Read more.

Help on alimony from bailiffs

One of the duties of bailiffs is the issuance of a certificate of alimony payment or their receipt.

Such a document may be required by the following government services:

1. Software requirements of banking services;
2. Center for employment of the population;
3. social services;
4. Other organizations requiring confirmation of income and expenses.

A certificate of alimony is issued upon application to bailiffs conducting enforcement proceedings. A sample document can be downloaded.

There is no single form of certificate in Russia, the only condition is that it must cover data on the amount of alimony and their regularity, and was also written in an official style and contain:

• name of the recipient or payer;
• Number and details of the writ of execution;
• Date of opening of enforcement proceedings;
• Date of payment of alimony;
• The amount of alimony;
• The total amount of child support already paid;
• Date of issue of the certificate;
• Certificate validity period.

The document is stamped with the angular seal of the FSSP, with the numbers indicated on it, the date of issue. The signature of the senior bailiff must be certified by a round seal.

Is it possible to change the bailiff?

Not always the alimony collector is satisfied with the work of the bailiff, the reasons for the decision to change the bailiff may be:

1. Personal animosity;
2. The presence of family or friendly relations, which is contrary to the professional ethics of bailiffs;
3. The bailiff has a personal interest in the outcome of the proceedings;
4. biased attitude;
5. Rudeness in communication, deceit;
6. Blackmail, extortion, etc.

Unfortunately, the law does not provide for a change of bailiff for alimony. However, the claimant may:

• Write a complaint against the bailiff and submit it to the senior bailiff or prosecutor;
• Request a change of the bailiff or a change in his attitude to the case.

In addition, you can try to solve problems peacefully and just talk with the management of the FSSP unit about transferring production to another employee. In addition, you can convince the bailiff to recuse himself and transfer the case.

What to do if the bailiffs lost the case?

Unfortunately, the work of some units of the FSSP is characterized by the loss of documents for the recovery of alimony. However, in a number of cases, such a “loss” is intentional in order to conceal a bribe and avoid a forced collection by the debtor.

The main way to deal with such negative consequences is to file a complaint with the prosecutor's office or a senior bailiff. As a rule, an oral conversation with the head is enough. However, if this does not help, then the creditor can file a lawsuit.

To solve problems, you can contact the FSSP helpline, you can find it on the official website.

Please note that the legislation of Russia is constantly changing and the information written by us may become outdated. In order to resolve your question on Family Law, you can contact the site's lawyers for a free consultation.

Such a process as bailiffs makes life much easier for many recipients of payments of this kind. Individuals who have achieved the issuance of a court order on or concluded a notarial contract, but have not received the money they are entitled to under the legislation from the payers, often do not know what to do in such situations.

In these cases, it is necessary to involve employees in the case, whose powers include the forced withdrawal of alimony benefits from the earnings of certain individuals.

If the parent, who acts as the recipient for the child in accordance with a certain document that has executive force, has not been accrued the material payments due from the payer, then the only way out is to forcibly withhold them.

To carry out this procedure, the recipient can either independently apply to a certain enforcement site, or file a special petition with the requirement to redirect the document on the withholding of alimony to the bailiffs and transfer it to the court.

It should be noted that it is necessary to seek help from a bailiff working in a district that is geographically located in the area in which the recipient lives. If this is not possible, then it can be attributed to the body that is located at his place of residence.

Payment retention procedure

In order to make decisions on many court documents, a certain period of alimony legal relations, which is three years, must be observed. However, with regard to the writ of execution dedicated to the withholding of alimony, no time limits have been introduced. Thus, the parent has the right to submit a writ of execution to the bailiff service even if more than a decade has passed since its issuance and the child turns eighteen this year.

If a parent wants to restore justice and receive the monetary compensation due to the child by contacting the FSSP directly, then you will need to fill out an appropriate application and send it to this service for consideration. Moreover, it does not matter at all whether the document was drawn up on the basis of a notarial contract. When writing an application, the parent must remember to include the following information in it:

• Information about the recipient and the debtor. It is necessary to identify the identity of the individual who is the recipient, as well as the debtor, and not only to register the last names, first names and patronymics of both, but also the addresses of residence along with contact numbers. Please note that since the receipt of the executive document on the withholding of alimony benefits, in which the same data are prescribed, they could change, so it is worth rewriting them in the application with extreme care.
• Information about executive document. After that, all details are displayed that characterize the executive document available to the recipient, according to which the payer owed him material resources for the maintenance of a common minor child. The date of receipt and entry into force of the alimony agreement or writ of execution, document number, and so on. It is also noted how long the payer does not provide alimony, as well as the amount of the debt itself.
• Bank account details. In order for the alimony forcibly withheld by the bailiffs to be transferred to an individual representing the interests of the child, you will need to enter in the application the details of the bank account to which he wants to receive the money. These must necessarily include the official name of the banking organization in which it is opened, as well as the numbers of personal and current accounts.

Actions of bailiffs

After the parent has sent for consideration an application for the compulsory withholding of maintenance allowances that were assigned to his child for maintenance, to the bailiff service, the document must be studied within one working day. The executors empowered to execute the judgments of the courts will then either publish a special order, according to which the procedure for judicial proceedings will be initiated, or refuse the applicant's request. In the latter case, an individual has the right to challenge these actions of the bailiff. To do this, you must write a claim to a judicial authority located in the same area as the bailiff service.

If the production procedure was nevertheless open, then the FSSP invites the individual indicated in the application as a debtor to his appointment to collect the alimony debt in order to find out his point of view and clarify the details of this case. The Federal Bailiff Service often needs to find out the following types of information:

1. General information. In order for the bailiffs to be convinced of the relevance of the information provided by the recipient regarding the last name, first name, patronymic, place of residence and telephone number of an individual who has accumulated alimony arrears to the child, it will be necessary to clarify the same data again, but only personally from the debtor.
2. Information about income. In order to make sure that the amount of debt indicated in the statement of claim written by the recipient is reliable and up-to-date at the moment, the executive bodies require information about the place of work of the payer. After that, a request is made to this organization to the manager with a request to issue a certificate on the model of 2-NDFL containing information on wages.
3. Information about the property. In addition, the bailiffs will find out whether the debtor is the owner of any property objects. This is done so that in the absence of the possibility of withholding alimony in monetary terms, this procedure can be carried out using property rights.

Complaint about bailiffs

In some cases, the recipient of alimony, after sending the writ of execution or agreement to the bailiffs, does not receive an answer on his problem from the employees of this service. Or it may happen that the recipient receives a notification that enforcement proceedings have been started, but over time no action is taken on it. Then an individual needs to contact a higher officer of the bailiff with a complaint.

In order to competently complain, it is necessary to draw up an application addressed to the individual in charge of the executive body to which the application was previously sent with a request to withhold arrears of alimony benefits. The document must indicate the last name, first name and patronymic of the employee of the service who does not cope with his duties, and substantiate the claims, and also do not forget to state general information on the relevant case.

Attention! If the debtor, in addition to the salary, has other sources of profit that appeared after the issuance of the writ of execution, then in the event of a call for an appointment with a bailiff, he must be notified of this. Otherwise, the debtor will be considered a violator of the current legislation, since he hides the sources of his profit.