What to do if the organization does not transfer alimony

The basis for payment of financial assistance in favor of a minor is a writ of execution or alimony agreement. If the father has an official place of work, then the responsibility to withhold money from wages and transfer it to the recipient’s account can be delegated to the accounting department of the employing organization. Experience shows that this measure does not always guarantee timely payment of alimony obligations. Therefore, in the legislation of the Russian Federation there are certain sanctions applied if

The company does not pay child support.

The employer does not pay child support

Malicious failure by a government official, a civil servant, an employee of a local government body, as well as an employee of a state or municipal institution, commercial or other organization of a court sentence, court decision or other judicial act that has entered into legal force, as well as obstruction of their execution - is punishable by a fine of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years, or compulsory work for a period of up to four hundred eighty hours, or forced labor for a period of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
As a rule, working alimony payers pay alimony at the place of official employment through the accounting department on the basis of a writ of execution. They must be paid monthly on the day the salary is paid, but no later than three days. If the employer for any reason delays the transfer of alimony, then the payer may incur an alimony debt, which is subsequently subject to a fine or penalties.

To control timely payments of funds, the alimony payer can check this information on the FSSP website. If it is detected, all costs of compensation for the resulting debt and the accrued fine must be reimbursed by the guilty person.

There are legal levers, the purpose of which is to influence enterprises that delay payments or do not pay alimony at all under the writ of execution.

Based on Article 113 of the Law “On Enforcement Proceedings” the following are applied to the violator:

• administrative punishment;
• criminal prosecution.

Perpetrators may bear the following liability:

• administrative fine, the amount of which reaches 2500 rubles;
• a criminal fine of up to 200,000 rubles or one and a half years’ income of the guilty person;
• imprisonment for up to two years;
• disqualification of the offender for 5 years.

An administrative investigation can also be carried out against the organization itself. In this case, the fine may range from 50,000 to 100,000 rubles.

If an employer does not pay alimony on time, he can only be punished if the person responsible is at fault. However, there are objective reasons, for example, bankruptcy of an enterprise, for which the application of enforcement measures is impossible.

The collector has legal leverage over a company that does not pay money under the writ of execution. The legal basis for the application of sanctions is Art. 113 of the Law “On Enforcement Proceedings”. Based on it, the following can be applied to the violator:

• criminal prosecution (Article 315 of the Criminal Code of the Russian Federation);
• administrative punishment (part 3 of article 17.14 of the Code of Administrative Offenses of the Russian Federation).

If an organization does not pay the established alimony, then its responsible persons may be punished in one of the following ways:

• by collecting an administrative fine (up to 2.5 thousand rubles);
• obliging to pay a criminal fine (up to 200 thousand rubles or one and a half years’ income of the culprit);
• imprisoning the offender for 2 years;
• disqualifying the guilty employee for 5 years.

An administrative investigation may be initiated against the company itself. In this case, the amount of the fine will be from 50 to 100 thousand rubles.

When the debtor's employer does not pay alimony, the application of punishment is possible only if there is fault of the person responsible. If the reason why the company does not pay the funds is objective (in case of bankruptcy or problems with calculations), then it will not be possible to apply the listed measures.

Often the reason for the termination of payments is the insolvency of the organization. A bankrupt company often loses the ability to transfer funds not only to business partners, but also to employees. In any case, it is necessary to make sure that the case for declaring the company insolvent is actually being considered. This can be done by using the case search system on the arbitration court website.

Issues of collecting funds when an enterprise is bankrupt are regulated by Art. 134 of the law of the same name. It provides 2 options.

1. When the debtor works at the enterprise during the consideration of the case. In this case, you need to draw up an application addressed to the arbitration manager for payment of alimony debt.
2. When the debtor quit but did not receive salary or severance pay. In such a situation, you will have to completely rely on the actions of the parent, since he himself is interested in receiving remuneration (alimony is derived from the income actually received).

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In the second case, receiving funds is not guaranteed. Judicial practice consists of a large number of cases where it is not possible to collect wage debts due to the lack of assets of the company.

Resolving the issue through court

Having taken advantage of all possible ways to resolve the issue out of court, you will have to seek protection of the violated right in court.

The plaintiff in the case can be both the alimony payer and the recipient. The employer organization must be involved as a defendant.

The claim must include the following information:

• Name and address of the court;
• Full name, including surname and patronymic of the plaintiff, his address;
• Full name of the defendant, his address;
• Information about a third party;
• Cost of claim;
• Amount of duty;
• Information about the document on the basis of which alimony was to be paid;
• Amount of debt;
• Information about contacting the employer;
• Request for debt repayment;
• Date of filing the claim.

The claim is signed by the applicant. The claim must be accompanied by documents confirming the information and information set out in the claim.

If the organization does not transfer alimony

Where to contact?

What can an alimony payer do if his employer is dishonest about transferring alimony?

The first thing you need to do is contact your supervisor at the place of employment directly with a written statement, which should contain a requirement to pay the resulting arrears of alimony.

It is compiled in two copies. One sample must remain with the applicant with a mark indicating its acceptance.

The manager cannot ignore this appeal. He must respond in writing. In the future, it can be used as evidence for the FSSP or a judicial authority if alimony payments have not resumed.

If contacting the manager does not bring a positive result, the next action will be to contact the bailiff. It is he who, by law, controls the mandatory execution of a court decision on the collection of alimony.

We suggest you read: Agreement between the editors and publisher

His powers also include the seizure of both property and funds that are in bank accounts in the event of payment violations.

Also, the bailiff can initiate administrative punishment against persons who are involved in the delay in alimony transfers.

In addition to contacting a bailiff, the claimant can take advantage of the following additional options:

• contact the prosecutor's office. The application contains similar information as in the document sent to the FSSP. Authorized persons of this department must conduct an inspection, based on the results of which the question of what punishment to take against the violator will be decided;
• file a claim for interest compensation for the use of someone else's money.

Regardless of how the parties to the alimony relationship came to the result of forced debt collection, one of the methods of such collection is making deductions from the salary of the debtor (the alimony payer); this method of collection can be provided for either by a court decision or by an agreement on the payment of alimony.

Unfortunately, alimony payments do not always reach the recipient on time, and not only the payer, but also his employer may be to blame for the delay in payments. Regardless of whose fault the delay occurs, it is a violation of the material rights of a minor child.

Payer's fault

Often, alimony is not paid due to the fault of the payer, and not third parties. And before blaming the employer for delaying money, you should talk to the payer. This will help not only establish the reason for the lack of payment, but also determine the presence of guilt.

From a legal point of view, the employee’s guilt in case of delay in alimony may be as follows:

1. He lost his job. It does not matter whether this was an independent dismissal or a reduction in staff.
2. Refused further employment. At the same time, the payer does not want to register with the employment center to receive the appropriate benefit.
3. Becoming disabled or reaching retirement age does not relieve a parent from the obligation to support a child. Only payments begin to be deducted from the pension.

The presence of other dependents, a loan or mortgage, etc. are also not valid reasons for absence. But there are factors that indicate the absence of the payer’s fault:

1. The delay occurred due to force majeure circumstances (disaster, emergency, etc.).
2. Difficult life circumstances: hospitalization, the need for an expensive operation.
3. The omission was due to the fault of third parties. This can be not only an accountant of the organization, but also a bank employee.

Various technical failures during the transaction indicate the absence of fault not only of the employee, but also of the employer. A payer who has become aware of a delay in payments due to the fault of the employer may request appropriate justification from him. This document must be handed over to the bailiffs in order to avoid prosecution.

Who will pay if the company is declared bankrupt?

In addition to contacting the bailiff, the claimant can use additional options.

1. Contact the prosecutor's office. The application is in many ways similar to the document sent to the FSSP. Responsible employees of this department are required to conduct an inspection. Based on its results, the issue of initiating an administrative investigation or criminal case may be resolved. The latter occurs if the actions of the company’s employees were of a malicious nature.
2. Filing a claim to recover interest for the use of someone else's money (Article 395 of the Civil Code). As of June 2021, the penalty is calculated at the rate of the Central Bank of the Russian Federation, which is 9% per annum.

117 RF IC); 2) indexation of the amount paid under the agreement on the payment of alimony is carried out in accordance with this agreement. Moreover, the parties can provide for any methods of indexing. If the payment agreement does not provide for the indexation procedure, indexation is carried out in accordance with Art.

There are situations when the reason for the termination of alimony transfers is the bankruptcy of an organization, since it can no longer pay its obligations due to a lack of financial resources.

First of all, the alimony payer needs to make sure that the case regarding the recognition of the enterprise as financially insolvent is actually under consideration. This can be done using the case search system on the arbitration court website.

If the employer is bankrupt, there are two options:

• when the alimony payer works in the organization at the time of consideration of the case. In this situation, it is necessary to submit an application to the arbitration manager with a request for payment of the resulting alimony debt;
• when the payer has already quit, but has not received wages with severance pay. In this case, receiving funds is not guaranteed. Much will depend on the actions of the parent himself, since it is primarily in his interests to receive monetary compensation and subsequently transfer alimony.

There are a large number of cases in judicial practice where it is not possible to collect wage debts due to the lack of funds from the organization.

The law provides a wide range of possibilities for influencing an employer who violates a court’s executive decision on the timely transfer of alimony.

In this case, the punishment provides not only administrative liability, but also criminal liability. If a company is declared bankrupt, the chances of paying alimony arrears are significantly reduced.

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If the organization does not transfer alimony

In the second case, it should be noted that the employing organization assumes the responsibility for transferring child support payments in the event of an employment relationship with a specific employee. And if this employment relationship has ceased, that this former employee no longer has income that is remuneration for his work, and officially no longer carries out labor activities.

1. 1. Payment according to a bilateral agreement of the parties. This method is based on Article No. 99 of the Family Legislation of Russia, which states that an alimony payment agreement can be concluded between the alimony payer and the recipient, which is further equated to a writ of execution. Such an agreement specifically specifies the time of payment, place and form of payment. The peculiarity of this agreement is that parents can change the terms of the agreement by mutual consent.
2. 2. Payment according to the writ of execution. Involves a court decision for the father or mother. As a result of the court verdict, an enforcement order is issued, which indicates information about the meaning of the court decision, the payer himself and the amount of payments.

A situation where an organization does not transfer funds to pay off alimony is possible for several reasons. Firstly, this may be due to the cessation of the need for alimony. For example, the child has reached the age of eighteen, and child support should no longer be paid. In this case, the employer’s actions are completely legal.

Let's figure out what to do if an organization delays the transfer of alimony. To achieve debt repayment, you need to take a number of steps.

1. Before complaining anywhere, it is worth establishing the reason for the delay in transfers. If the recipient of the funds regularly communicates with the company’s accounting department employees responsible for sending alimony payments, then they can provide you with all the necessary information. Employees in a private conversation can tell the approximate date of payments or that the company is bankrupt.
2. If the problem of delay is not related to the financial condition of the company, then you need to draw up a free-form application addressed to the director about transferring the debt and hand it over. The document is printed in 2 copies, on one of which the office of the enterprise puts a mark of acceptance. If the company ignores the statement, then it is worth moving on to the next stage.
3. When the debtor’s employer continues to violate the deadlines for transferring funds, it is necessary to contact the bailiff carrying out the collection. It is he who is authorized to initiate an administrative investigation and apply liability measures to companies that do not pay alimony for employees.

We suggest you read: How to divorce your wife if you have children or a minor child

Where to contact?

The main responsibilities of the accounting department regarding the payment of alimony

As a rule, payment of alimony obligations is made once a month. Accounting employees withhold funds from the following types of income:

• advance payment;
• wage;
• bonuses and rewards for overtime;
• sick leave payments;
• vacation accruals.

The amount of alimony paid by the accounting department is regulated by the RF IC and is:

• 25% of income, if the payer has one child;
• 33% of income if the child support recipient has two children;
• 50% of income in case of collection of funds in favor of three or more minors.

Important! If the alimony obligee has a debt resulting from evasion of payments, then FSSP employees have the right to increase the withheld share of funds from 50 to 70% of the total income.

Requirements for an application to the FSSP

An appeal to the bailiffs regarding the employer’s delay in transferring funds for child support is drawn up in free form. In this case, the document must contain the following information:

• about the addressee (indicate the FSSP department collecting alimony);
• about the applicant and debtor (full name, addresses and telephone numbers);
• about the essence of the problem (delay in payments);
• on the requirements for bringing perpetrators to justice.

Additionally, it is necessary to list and attach all documentary evidence (bank statement, correspondence with the company, etc.).

Accounting does not list alimony

The parent can also file a complaint with the company administration. where he works, an application to transfer funds to the account of the other parent or pay child support through the cash register. The application also indicates the amount and timing of payment. The administration transfers funds using certain details or issues them when calculating wages.

The divorce is completed, the amount of alimony is determined, all that remains is to clarify where and how to transfer it. The ideal option is to conclude an agreement between the mother and father. In this case, the father pays child support in cash through a receipt. But very often this method of payment is impossible, since for former spouses the divorce process is a serious stress.

(Since the decision to reduce alimony, for unknown reasons, was made in my absence, I wrote an appeal to the judge. However, my letter, after 2 months, was returned to me as not received. Then I wrote a complaint to the Qualification Board of Judges. In The answer indicated that someone received the summons for me by proxy, but the postal worker did not write down the last name. However, I did not issue any powers of attorney to anyone.