Collection of alimony debts

Alimony is a sum of money determined by the spouses (ex-spouses) or the court that is paid by the parent who does not live with the child for the child's support.

According to established practice and contrary to the State's stated policy of protecting children and motherhood, it is not always possible to collect child support.

In this article we will talk about this process in a little more detail.

The order of the demands

Before moving on to specific collection measures, let's analyze a key point: the order in which any outstanding debt is paid.

When collecting debts, bailiffs are guided by the rules of priority.

The order is as follows :

• First, alimony is collected; compensation for damages to health; compensation for damages related to the death of the breadwinner; and compensation for damages caused by the crime;
• secondly, severance pay and wages are collected;
• thirdly - taxes and payments to the budget;
• fourthly - all other requirements (payment by receipt, under a lease agreement, etc.).

What does the order of priority mean when collecting alimony?

If three enforcement proceedings are initiated (one for alimony and two for taxes), then the amount of funds received in the bailiffs' escrow will be distributed as follows:

• first to pay alimony,
• after that - to pay back taxes.

It's important to understand this, as the bailiff can make a mistake and transfer funds to the wrong creditor, circumventing the order.

General measures for the collection of overdue child support payments

During the meeting with the bailiff, it is necessary to familiarize yourself with the materials of the enforcement proceedings and clarify whether you have carried out:

• arrest of accounts;
• garnishment of wages;
• travel ban;
• prohibition of alienation of assets;
• departure to the debtor's home.

If, after reviewing the enforcement proceedings, it becomes clear that there are assets and money in the accounts, but the bailiff does nothing, a complaint must be filed.

Special measures for the collection of overdue child support

If the second parent doesn't pay child support, you can "push" him into paying by revoking his special driving privileges.

This way you will miss an important part of your life: the car journey.

Let's highlight some important nuances:

• Deprivation is only available for first-priority requirements, which include alimony. The law does not provide this option for subsequent priority requirements.

The measure does not apply in the following cases:

• if it deprives the debtor of his main means of subsistence (for example, he works as a driver or in a taxi);
• if the vehicle ensures the debtor's livelihood, subject to limited accessibility to transport to the debtor's place of residence;
• if the amount of the debt does not exceed 10,000 rubles;
• if the debtor is granted a deferral or an installment payment plan for the execution of the requirements of the writ of execution.

In order for a bailiff to temporarily deprive a debtor of the right to drive a vehicle, an application must be drawn up and submitted to the Federal Bailiff Service.

Do you need a court order or writ of execution to collect child support? Do you need to initiate enforcement proceedings to collect money from a debtor? Is your bailiff not working properly? Call or email us—we can help!