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.
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.
Punishment for non-payment of alimony
The following administrative and civil liability is now provided if there is a statement:
- Financial penalty - 0.5% for each day + 7% enforcement fee
- Property punishment - in the absence of declared income and a bank account, money is collected from the sale of seized property (administrative liability)
- Administrative responsibility is the collection of financial resources from a bank account. For non-payment, the law and the court may give permission to seize the money account and compulsory punishment in the form of transferring the amount for maintenance.
- In cases where concealment of income is revealed, the law and code allow for non-payment to be subject to a fine in the form of hundreds of minimum wages.
- Another penalty for non-payment is deprivation of parental rights. This measure is considered individually.
- Failure to pay may result in a penalty in the form of loss of driving privileges. The law of the Russian Federation may threaten the deprivation of these rights for the entire time until the family receives everything to the last ruble, and the debtor does not reimburse the state for all incidental expenses.
The last one point, despite the apparent inconsistency, is a very effective measure. Such administrative responsibility forces even persistent defaulters to pay everything quickly.
Article for non-payment of alimony in Russia
Article 115 of the RF IC and 157 of the RF Criminal Code are the main regulations with the help of which those who shirk their immediate responsibilities to participate in providing for the primary needs of their children or incapacitated/elderly parents can be prosecuted.
Criminal Article 157 is not as lenient as the administrative one. The law provides for the following criminal liability:
- Criminal in the form of restriction/deprivation of freedom or movement;
- Criminal in the form of arrest
The Criminal Code of the Russian Federation has an article based on which the court can limit or take away a person’s freedom for alimony. To impose this type of punishment is an extreme measure. But even their application, the court and the law, any article, cannot guarantee this obligation if the case concerns a person who does not have material assets in his possession.
Employer's liability for non-payment of alimony
But if the payer, obliged by court to participate in the maintenance of minor children, does not want to perform these functions, but is officially employed and receives a sufficient salary, then his employer is obliged to begin deductions from the salary immediately after notification of this need. And in the event of an employee’s dismissal, Article 111 of the Insurance Code obliges the employer to inform the employer about the fact, as well as about his change of residence or a new job, but in the case where the specified information is present.
Application for prosecution
Alimony after a civil (unregistered) marriage and after an official marriage may be required by the court in equal measure. In the first case, only this requires proof of paternity. Here, criminal, administrative, and civil are present to the same extent. The main evidence of paternity is the entry made in the registry office. That is, even in the case of an unregistered marriage, you can file a criminal complaint.
In order to receive alimony from a father who does not want to fulfill his maintenance obligation, you should submit an application to the court, after which you will collect the established amount for non-payment under the threat of an article not of the IC, but of the Criminal Code of the Russian Federation.
At the moment, legislation has many levers to force a spouse who does not want to fulfill his moral duties. The only thing required to activate the system is knowledge of the law and the assistance of lawyers.
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.
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.
Criminal liability for non-payment of alimony
Are there criminal penalties for non-payment? Criminal liability is provided for by the Criminal Code of the Russian Federation for malicious evasion. Punishment - Article 157 of the Criminal Code, if there is a crime. The law should provide for the involvement of a capable parent or an adult son/daughter for dishonest treatment of an incompetent/elderly parent to the following measures:
- correctional or forced labor - up to one year of work;
- criminal - arrest for up to three months;
- criminal - imprisonment for up to a year.
But despite the law, the court rarely takes such extreme measures. A criminal offense can be applied to a person who maliciously evades financial support by hiding his income.
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.
Voluntary or forced?
During a divorce, unscrupulous parents often attempt to avoid financial responsibility for their children. What kind of tricks do evaders resort to:
- hide income;
- underestimate the real level of wages;
- they pay negligibly little and irregularly;
- hiding themselves.
Dodgers should ask what happens for non-payment of alimony in Russia. The Family Code regulates not only civil and administrative liability. There is an article in the Criminal Code that provides punishment for systematic violation of the rights of a child in terms of child support.
Article 80 of the Russian IC states that a parent is obliged to support his children until they reach the age of majority, sometimes even after 18 years of age (Article 85 of the Russian IC).
You can pay alimony voluntarily by concluding an agreement and having it certified by a notary. Or forcibly by court decision. Voluntary contributions are made monthly in an agreed amount, not less than the subsistence level in the corresponding region. By court decision, alimony is paid in a fixed amount if the defendant does not have a regular income or as a percentage of the salary. The percentage is related to the number of children:
- one is a quarter;
- two - a third;
- three or more – half.
According to Article 119 of the IC of Russia (change in marital or financial status), alimony payments may be reduced.
If it is impossible to reach an agreement peacefully, the issue is resolved in court. The claim is filed by a parent in whose care a minor child remains, or a representative acting on the basis of a notarized power of attorney. The application is drawn up in accordance with Article 124 of the Code of Civil Procedure of Russia. The documents are submitted to the World Court, which within five days makes a decision to accept or reject the claim. Both parties have the right to file an appeal within the next 10 days after the decision. And if there is a systematic failure to pay child support, what is the threat to the parent?
