Actions of the payer to re-register alimony
When re-registering, the first actions are always up to the payer. According to the norms of the Family Code of the Russian Federation (Article 111), the alimony payer is obliged to notify the bailiff and the recipient of the funds about the change of place of work within 3 days.
Advice! When changing your place of work, send a registered letter notifying the recipient of alimony and the bailiff about the change of place of work. If conflicts arise, it will serve as proof of your compliance with the norms of the RF IC.
Most often, the payer needs to write two statements:
- In the accounting department of the former employer about the termination of alimony payments;
- To the chief accountant or the head of the new place of work regarding the withholding of child support.
Read more about how alimony is withheld from wages at this address.
Expert opinion
Marina Bespalaya
In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, master's degree course, specialty "law". In 2010-2011, a course at Portland State University (USA) at the Faculty of Criminal Law and Criminology. Since 2011 - practicing lawyer.
The procedure for withholding alimony in favor of minor children and disabled relatives is described in detail in Chapter 5 of the Family Code of the Russian Federation. The regulatory legal act stipulates that there are the following forms of payment of alimony:
- as a percentage or fixed share of the payer’s official earnings;
- regularly in a fixed amount of money;
- one-time transfer of a large amount of funds;
- by transferring material assets to children;
- mixed form.
When you change your job, the form of alimony withholding may also change.
What to do if the organization does not transfer alimony according to the writ of execution?
Delay in paying child support is considered a violation of the rights of the child and is punished accordingly. This is indicated in Article 115 of the Family Code of the Russian Federation. But at the same time, the court always recognizes that the payer is not responsible for delays due to the fault of the organization. There is also the following point in the legislation - payment of alimony is carried out once a month, within three days after the payment of wages (standard period). Therefore, a delay of less than three days is not considered a violation.
But what to do in a situation where an organization deliberately does not pay alimony according to a writ of execution? Here are three options for action that the payee can take:
- contact the prosecutor's office;
- go to court;
- contact the bailiff dealing with a specific case of alimony payment.
It is necessary to describe in detail each of the proposed options. The first option is to contact the prosecutor's office. The prosecutor has the necessary list of powers to consider a case of violation of the rights of a child. The actions of the prosecutor depend on the specifics of the specific situation.
The second option is to go directly to court. A statement of claim is being written to collect a penalty for late transfer of alimony payments. The title of the statement may vary depending on the situation. It is recommended that it be compiled under the guidance of an experienced family law lawyer. If the decision is positive, the penalty will be charged on the same principle as the penalty from the payer himself.
The third option is to contact a bailiff. It is he who takes action to solve the problem. Bailiffs have the right to seize the property of organizations, file a lawsuit with a demand to initiate a case of an administrative offense, etc. And it is worth noting that in certain situations an administrative fine is imposed on the organization, which, for legal entities, is very large.
When going to court or to the prosecutor, it is necessary to draw up a statement of claim against the employer of the alimony payer. The document indicates the official in whose name the claim is being filed, information about the recipient of alimony, the payer and the employer. It is necessary to enter the name and number of the branch of the government agency where the application is being submitted.
When filling out, you must enter the number of the writ of execution for payment of alimony, the court decision, and the full name of the official (magistrate) who made the court decision. Here you need to describe the essence of the court decision, the full name of the plaintiff and the defendant, as well as the full name of the child for whose maintenance payments are required. The date of the conclusion on the case is mandatory.
The following describes the essence of the claimant's claims. It is necessary to describe in detail, without ambiguity, the reason for filing a claim. It is worth considering that if the listed reasons are considered not compelling enough to file a claim, the document will not be accepted. This will require evidence of the fact that there are no alimony payments by the employer, and confirmation of the transfer of the writ of execution. If there is no evidence, the claim is also rejected.
The appendix to the claim contains a list of additional documentation (copies of the recipient’s and payer’s passports, a copy of the child’s birth certificate, etc.). It is recommended to attach a copy (possibly certified by a notary) of the writ of execution for the payment of alimony. At the end, the applicant’s signature and the date of submission of the application are placed. It must be remembered that there is no strict form of the document enshrined in legislation. Therefore, before writing, it is worth consulting with a specialist - a bailiff, prosecutor, assistant judge or family lawyer. The only problem is that government officials are not always cooperative in such matters, and legal advice is rarely free.
Actions of the employer to re-register alimony
According to the main mandatory actions, the employer performs the same functions as the payer. In this case, alimony when changing jobs obliges the accounting department to perform the following actions within three days:
- Notify the bailiff about the employee’s dismissal and, if possible, provide information about the new place of work;
- Transfer a writ of execution or alimony agreement to a new place of work;
- Check and close all alimony debts that arose due to the fault of the accounting department.
If the employer does not take these steps within three days from the date of dismissal, he may incur legal liability for preventing the smooth transfer of child support.
Procedure for paying alimony when changing jobs
When getting a new job, the payer cannot independently deal with the issue of re-registration of alimony.
At least three parties are involved in the process of re-registration of alimony:
- claimant of alimony payments;
- employer of the alimony payer, including accounting;
- bailiff
Payer's actions
On the basis of Article 111 of the RF IC, in the event of a change of job, the alimony recipient is obliged to inform the bailiff, who monitors the proper execution of the court order, as well as the alimony recipient within 3 days.
The main actions of the payer are to write two statements:
- in the accounting department at the previous place of work in order to terminate alimony payments;
- addressed to the manager or chief accountant at the new workplace for the collection of alimony for financial assistance to the child.
To notify the alimony recipient, as well as the bailiff, about a new job, it is better to use registered correspondence with a notification addressed to them, so that in the future, in the event of a conflict, there will be evidence that all the norms of the RF IC are met.
Employer's actions
The employer performs the same mandatory functions as the alimony payer.
When changing jobs, an accounting employee must complete the following actions within three days:
- inform the bailiff that the employee has been fired. Also, if possible, provide information about the new place of work;
- send a writ of execution to a new place of employment;
- check for alimony debt that could have arisen due to the fault of the accounting department and, if it exists, close it.
If the employer does not take these actions within 3 days from the date of dismissal of the alimony payer, he may incur legal liability, since this violation may cause arrears in alimony payments.
Actions of the bailiff
The main function of the SSP is to ensure proper control over the timely and complete transfer of funds to the alimony recipient.
Also, the bailiff supervises the registration of alimony penalties when changing work or residence address. As a rule, the alimony payer independently informs the bailiff that he has changed jobs.
If this does not happen, then the task of the bailiff will be to find the payer and establish the place of his new work.
If the alimony payer forgot or deliberately did not report a change of job, then the FSSP employee accrues alimony debt, which is equal to the average salary of the country.
Actions of the recipient of alimony payments
Since all actions to re-register alimony are carried out automatically and are also under the control of judicial representatives, the recipient of alimony funds does not need to take any action.
If a situation arises when the alimony payer did not consider it necessary to report that he got a new job or moved to another city, and the bailiff service employee does not help establish a new job or place of residence, then the alimony recipient must proceed as follows:
- write a complaint against a judicial representative;
- try to determine a new place of work through your own efforts;
- try to achieve restrictive measures against the alimony payer, for example, deprivation of a driver’s license for the debt incurred, the introduction of a ban on traveling abroad, etc.
Basically, all actions regarding the re-registration of alimony are carried out between the accounting departments of the previous and new work.
If this does not happen, then enforcement proceedings are opened against the alimony payer.
What should the bailiff do?
The main function of the bailiff service is to control the timely and complete transfer of funds to the recipient of alimony, including bailiffs monitoring alimony when changing jobs or places of residence.
Usually, alimony payers independently notify the bailiff about a change of job, but if this does not happen, then the bailiff takes measures to find the payer and establish his new place of work.
Important! If the payer forgot or did not want to warn the recipient of alimony or bailiffs about a change of job, then FS SP employees will be obliged to accrue arrears of alimony payments to him at the average wage of the country.
Actions of the bailiff
When a person moves from one company to another, the bailiff must take measures to ensure that transfers are made without interruption. To do this, he must, immediately after the executor receives the worksheet, send it to the new employer with a resolution to foreclose on the citizen’s income. At the same time, he is obliged to monitor the process of transfer and receipt of papers, as well as the fulfillment of requirements by third parties.
What should a child support recipient do?
Most often, the re-issuance of alimony when the payer changes jobs is automated and controlled by bailiffs, so the recipient does not need to take any actions.
But if a situation arises when the bailiff does not work and does not help establish a new place of work for the payer, then the recipient can obtain alimony payments as follows:
- File a complaint about the inaction of the bailiff;
- Try to independently establish a new place of work for the payer;
- To achieve the adoption of legal restrictive measures against the debtor (deprivation of a driver’s license for non-payment of alimony, restriction of travel abroad, arrest and confiscation of property, etc.).
Information! As a rule, re-registration of alimony takes place automatically between the accounting departments of the payer’s old and new place of work, and therefore payments are made regularly and without delays. If this does not happen, then enforcement proceedings are opened against the debtor by bailiffs.
Responsibility for concealing information about a job change
Concealing information about a job change infringes on the child’s rights to receive financial assistance from parents in full, and therefore entails legal liability for all those responsible.
The perpetrators may be:
- The employer who did not notify the payer of his dismissal:
He is subject to administrative liability and a fine of up to 100 thousand rubles (Article 17.14 of the Code of Administrative Offenses of the Russian Federation). Qualifies as an obstacle to the execution of a court decision to collect alimony for child support.
- Alimony payer:
Also subject to administrative liability and a fine of up to 2,500 rubles.
If, when changing jobs, alimony arrears arise, then the provisions of Article 115 of the Family Code of the Russian Federation are used, which provides for the civil liability of the payer. According to it, you can collect a penalty for each day of delay in alimony (0.5% of the debt amount for each day).
Important! If the alimony debt arose through no fault of the payer, then he has the right to demand compensation from the guilty persons for all losses incurred in repaying the debt.
What to do with the writ of execution?
According to the general rule, when dismissing an alimony payer, the employer must inform the bailiff service about this within three days and return them the writ of execution with the appropriate note about the transfers made.
The mark must contain the following information:
- the total amount of alimony penalties;
- the amount that was withheld at the time of the payer’s dismissal;
- payment document number (order, receipt);
- the remaining amount of alimony debt.
This note on the penalties made must be certified by the seal of the organization and signed by an official. After the payer notifies the bailiff about his employment in another job, the writ of execution will be sent to the new employer.
