Penalty for alimony: sample application, claim, judicial practice

• If by law or by agreement one of the parties is required to pay a penalty , its recipient, naturally, seeks to collect the maximum fine due in his favor.
• Equally natural is the defendant’s desire to minimize the payment.

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Grounds for paying penalties on debt

A penalty is a fine that is paid by the payer of alimony if it is not paid on time.

A penalty differs from the principal debt in that it can only be recovered if the defendant behaves at fault , which the plaintiff must prove.

The defendant is not required to prove his innocence; it is enough to draw the court’s attention to the fact that his guilt has not been proven. But convincing evidence of innocence, of course, will be in his favor. In any case, the penalty is calculated only if the defendant is at fault.

Payment of the penalty is provided for in Art. 115 SK, Art. 330 GK.

The defendant, obligated to pay alimony as a share of the salary, is clearly guilty of non-payment only in the following cases :

• He directly refused to pay the alimony awarded by the court;
• He deliberately hid his location, place of work, amount of income from the recipient of alimony, the bailiff, gave false information about them, and was rightfully put on the wanted list;
• When receiving income other than wages, the defendant concealed the fact of their receipt or distorted the amount, which was subsequently documented;
• He was not listed anywhere in certain periods of his biography as employed or unemployed, and did not transfer alimony for these days in the amount of the share of the average salary in the Russian Federation established by a court decision;
• He continued to refuse to pay alimony, despite the fact that he was brought to administrative responsibility under Part 1 of Art. 17.14 art. 17.8, art. 19.7 hours 1 tbsp. 20.25 CoA;
• Was reasonably warned by the bailiff more than twice that he would be subject to criminal liability;
• Has arrears in child support for more than four months.

The severity of non-payment of alimony is determined by the court.

The defendant has the right to prove his innocence if non-payment occurred due to loss, job search, non-payment of wages, negligence of bailiffs, employer, the fault of banks, or other valid reasons.

How to calculate correctly and who should do it?

1. The amount of the penalty is calculated by the bailiff based on the application of the alimony recipient.
2. The penalty for alimony is calculated by drawing up a table , in the columns on the left side of which the dates of due payments and their amounts are indicated, in the right side - the actual repayment of the debt for each of them.

In the third column we calculate the number of calendar days that have elapsed between the second and first date, in the fourth - the payment amounts are multiplied by the difference in dates and by a coefficient of 0.005. The data in the fourth column is added up, and the total amount for the penalty is obtained.

This table is usually compiled by the bailiff responsible for collecting alimony at the request of the recipient. attaches this table . The court makes a decision with or without the participation of the defendant.

Alimony is calculated from all types of income of the defendant. Alimony from the unemployed registered in accordance with Federal Law 1032-11 is collected similarly to alimony from citizens who have income from hired labor.

The plaintiff or bailiff finds out which employment center the defendant is registered with and sends the writ of execution there.

Further, responsible for the timely calculation of alimony for the unemployment benefits paid to the defendant. If he does not list them on time, it is his fault, not the defendant's.

If the defendant gave money to children as a gift , this will not be included in the payment of child support arrears.

How can you find out your debt from bailiffs without leaving home? Find out here - right now.

Formula

The alimony debtor pays the recipient a penalty of 0.5% for each day of delay . If the penalty established by the contract or law does not cover the actual losses of the plaintiff, he has the right to demand its increase.

• Amount of penalty = (debt for the month) x 0.005 x (number of days of delay)
• Let's look at an example of calculating penalties for alimony payments.
• The alimony debt amounted to:

for May - 20 thousand rubles.

for June - 22 thousand rubles.

for July - 25 thousand rubles.

We count:

1. 20 t.r. (debt for May) x 31 x 0.005 = 3100 rubles. — penalty as of June 1, 2016;
2. 42 t.r. (debt for June + for May) x 29 x 0.005 = 6090 rubles. — penalty as of July 1, 2016;
3. 67 t.r. (debt for July + for June + for May) x 31 x 0.005 = 10,385 rubles. — penalty as of August 1, 2016.

Total as of August 1 - debt 67 thousand rubles, penalty 19575 rubles. (3,100 + 6,090 + 10,385).

Is alimony from sick leave subject to deduction? The answer is in the next article.

You can calculate it differently:

1. Debt for May - 20 thousand rubles. Days of delay as of June 1st 91, penalty 9100 rubles. (20000 x 0.005 x 91);
2. for June - 22 thousand rubles. 60 days as of July 1, penalty 6,600 rubles. (22000 x 0.005 x 60);
3. for July - 25 thousand rubles. Days as of August 1st 31, penalty 3875 rubles. (25000 x 0.005 x 31).

Total as of August 1, the debt for alimony was 67 thousand rubles, the penalty was 19,575 rubles. (sum of three numbers).

Collection procedure

Where to contact?

When alimony arrears accumulate, the claimant must take urgent measures to collect them. If the amount of the claim is up to 50 thousand rubles, you must go to the magistrate’s court; if it exceeds this amount, you must go to the district (city) court.

Required documents:

• Identification;
• Child's birth certificate;
• Personal Statement;
• The court's decision;
• Calculation of the penalty signed by the bailiff;
• Evidence of the defendant's guilt.

Is it possible to withhold alimony for the past period and how to do it? All the details are here.

State duty amount

The state duty when considering cases related to alimony is not paid (clause 15, clause 1, article 333.36 of the Tax Code).

Statute of limitations

1. In the absence of the defendant’s fault, the debt is calculated for a period of three years before the date of filing the claim, if there is any , without a time limit.
2. It should be taken into account that after children reach the age of 18, collecting the debt and penalties will be very problematic.

3. Here, especially with a long-term debt, questions may arise about why the mother did not take measures to collect it earlier, when the children directly needed it, who, after reaching adulthood, can live separately and not need support; For what purposes will the collected debt now be spent?

The word "alimony" is translated as "money for food." That is, funds paid after the children reach adulthood will obviously go past their intended purpose. In addition, adult children do not need a representative and can themselves claim arrears of alimony for their maintenance until the age of 18.

Drawing up a statement of claim

In the statement of claim, the plaintiff indicates the name of the court, his data, the data of the defendant, sets out the essence of the claim, and a list of attached documents.

Sample claim for recovery of a penalty for alimony payments: Download the form.

The court's decision

Positive

• The court hearing is held both in the presence of both parties, and in the absence of one or both of them.
• The court makes a decision on the basis of which enforcement proceedings are initiated, a writ of execution is issued, which is sent to the bailiff of the SSP.
• The bailiff collects the amount specified in the writ of execution in accordance with his powers established by No. 229-FZ.

In order to ensure its payment, he has the right to oblige the defendant’s employer to deduct the funds necessary to pay it off from the defendant’s salary, and to seize his property. The plaintiff has the right to control the actions of the bailiff and achieve their effectiveness at the authorities.

According to Article 195 of the Civil Code, a court decision must be justified and legal, and Article 198 - it must be motivated.

Refusal

1. By skilfully selecting documents and arguments, the defendant can reduce the penalty due to him or her or even reduce it to zero.

2. Main reason for refusal in the accrual or reduction of the amount of the penalty is contained in the second paragraph of Article 330 of the Civil Code, which defines the very concept of the penalty.

3. It says that if the debtor is not responsible for complete or partial failure to fulfill his obligations, the creditor has no right to demand a penalty from him.

Let’s look at the question: is it possible to apply for alimony payments while legally married? The answer is in this article.

Changing the amount for late payments

The applicant’s lack of evidence of the defendant’s guilt for failure to fulfill certain obligations is already grounds for excluding them from the taxable base.

Even more powerful arguments for such a decision are evidence that he is not guilty of the defendant’s failure to fulfill his obligations, that the plaintiff is guilty of this. The penalty is reduced in accordance with Art. 404 Civil Code.

Such evidence could be:

• personal letters;
• audio-video recordings;
• joint photos;
• printouts of communications on social networks, websites, and email;
• accounting data of the defendant’s employer, etc.

For failure to pay the penalty within the period provided for by the Code of Administrative Offences, the defendant is liable under Part 1 of Art. 20.25 Code of Administrative Offences.

Examples from judicial practice

Example 1

Plaintiff A. brought a claim against defendant B. for a penalty of 440,884 rubles for late payment of alimony in the amount of 263,213 rubles, based on 0.5% of the debt per day of delay.

• The magistrate reduced it to 5,000 rubles, based on the fact that the defendant’s salary of 4,500 rubles a month does not allow him to pay a penalty in that amount.
• The city court agreed with this decision when considering the appeal.
• The regional court, having considered the case on appeal, drew attention to the fact that the debt arose through the fault of the employer , who, having received a writ of execution, unreasonably did not transfer alimony to the plaintiff at the request of the defendant, although he had no legal basis for this.

In addition, the plaintiff’s daughter, who had reached adulthood at the time of the trial, was not summoned . The court sent the case back to the magistrate for retrial.

Example 2

Citizen M. filed a claim against Yu. for the recovery of a penalty of 15,635 rubles. in connection with an existing debt of 42,036 rubles. Yu. – deprived of parental rights. M. is the grandmother of minor V., appointed guardian.

The magistrate satisfied the plaintiff's demands . While considering the appeal, the district court found errors in the calculation of the amount of the penalty by the bailiff.

In addition, the property status of the defendant, who had two dependent minor children before another marriage, was taken into account The court decided to collect a penalty in the amount of 13,656 rubles from the defendant.

How to correctly calculate the penalty for alimony - in the following video:

Read also: Russian Presidential Scholarship: for undergraduates, graduate students, scientists, order 2020

Source: https://2supruga.ru/alimenty/raschet-neustojki.html

How to collect a penalty for alimony

Child support arrears are a fairly common problem in enforcement proceedings. Bailiffs are involved in debt collection, but the recipient of alimony also has the right to influence the debtor and demand a penalty (penalty) from him in court for late payments.

In 2019, the fine is 0.1% of the total debt for each day of delay in alimony payments. This article covers the main issues related to debt collection:

Procedure

It is possible to collect a penalty for the formation of alimony debt only in court on the initiative of the recipient of the funds. It is necessary to apply to the magistrate’s court even if the amount exceeds 50 thousand rubles.

Claims for the collection of penalties for alimony have alternative territorial jurisdiction: the plaintiff has the right to go to court both at his place of residence and at the place of residence of the defendant (Part 3 of Article 29 of the Code of Civil Procedure of the Russian Federation). no need to pay a state fee when collecting a penalty , since the plaintiff is acting to protect the interests of a minor child.

Since the alimony claimant must calculate the amount of the penalty independently , the following algorithm should be followed:

1. Submit to the bailiff conducting enforcement proceedings an application for the issuance of a decree on the calculation of the debt - it is necessary to determine the amount to be collected.
2. Calculate the penalty yourself: as a general rule, if alimony was collected through the court, it is 0.1% of the debt amount for each day of delay.
3. Prepare documents for filing with the court:
   • a copy of your passport and birth certificate of the child for whom child support must be paid;
   • a copy of the executive document on the basis of which alimony is collected: court decision, court order, notarial agreement;
   • debt settlement order issued by the bailiff;
   • a table with the calculation of the penalty - it can be inserted directly into the text of the statement of claim.
4. File a claim in the magistrate's court and wait to be called to a hearing.

You can find out in what cases a penalty can be collected, as well as general information about penalties for arrears of alimony, in the article “Penalty for non-payment of alimony.”

Sample application to bailiffs for debt settlement

The resolution on debt calculation is the fundamental document when collecting alimony penalties. Only on the basis of this document can the recipient of funds calculate the monthly amount of penalties. In the resolution, the bailiffs indicate not only the total amount of debt, but also the debt for each month separately:

To obtain a decree, you should write to the bailiff an application for its issuance:

In the application, it is important to indicate the number of the enforcement proceeding and the date it began, the circumstances of the collection of alimony: to whom it is paid, from what time the payments stopped.

How to file a claim correctly

In order for a claim for alimony to be accepted for consideration, it must be drafted correctly. The application is written in accordance with the rules established by Art. 131 and art. 132 Code of Civil Procedure of the Russian Federation. It must include the following information:

1. In the address part: information about the judicial authority to which the application is submitted, full name, address and contacts of the plaintiff and defendant.
2. Title of the claim: “On the collection of a penalty from (full name of the debtor) for late alimony payments.”
3. In the main part:
   • details of the document on the basis of which alimony is collected;
   • who should pay the funds and in whose favor, in what way (in shares, in a fixed amount, and so on);
   • the date from which the arrears began, determine the entire period of debt accumulation;
   • justify the amount of the penalty using a table reflecting the monthly accumulation of penalties;
4. The claims indicate a request to recover from the defaulter the entire amount of the overdue amount, as well as to exempt the plaintiff from paying the fee for filing a claim.
5. At the end of the application, a list of documents attached to the claim is indicated (all documents are submitted in 2 copies).

Download a sample statement of claim for the recovery of alimony penalties

You can file a claim in court by mail. In this case, you need to send a registered letter with notification to find out when the office will receive the documents. If possible, it is better to personally take the claim and documents to the court office. In this case, you should ask the employee of the institution to put a stamp on acceptance of the application on the applicant’s copy.

In some regions, it is possible to file an application to the court online, using the State Automated System (SAS) “Justice”. In this case, the claim and attached documents are sent to the government agency in the form of scanned copies. To use the electronic service, you need to have a verified account on the State Services portal.

Limitation period for collecting penalties for non-payment of alimony

According to general rules, when collecting penalties for alimony, courts are guided by Art. 9 of the Family Code and do not apply the statute of limitations when considering cases arising from family relationships. Accordingly, a penalty can be collected for a period longer than 3 years.

However, the defendant has the right to claim that the statute of limitations applies. If he does this, then it will be possible to collect the penalty only for the last three years.

In this case, the statute of limitations will be calculated for each overdue payment separately (clause 65 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 of December 26, 2017).

The defendant must prove that the statute of limitations has expired.

You can also collect a penalty for alimony if the child is already 18 years old . If the debt has not been repaid before reaching adulthood, the bailiff does not have the right to close the enforcement proceedings in the case, the debt will remain with the defaulter. A penalty can also be collected from this amount.

How does the court hearing work?

During the trial, the judge reviews the documents provided and hears the arguments of each party. Based on the results of the meeting, the court either satisfies the claim (in whole or in part) or refuses to satisfy the plaintiff’s claims.

If the court satisfies the claim, the result of the meeting will be a court decision and a writ of execution. They will indicate the amount to be collected. A month after the court decision is made, it will enter into legal force. After this, the plaintiff will need to submit the writ of execution to the bailiff conducting the proceedings in the case.

From this moment on, the debtor will be charged not only with arrears of alimony, but also with a penalty. When the alimony worker begins making payments, the funds will first be used to pay off interest (penalties), and only then to pay the principal debt for alimony.

If the debtor continues to evade maintenance, the bailiffs will hold him accountable for non-payment of alimony.

Judicial practice on the collection of penalties for alimony

According to Art. 115 of the Family Code (FC) of the Russian Federation, a penalty can be collected only if the alimony arrears arose due to the fault of the payer . Evidence may include:

• the debtor's avoidance of communication with the bailiff or the collector of funds: ignoring calls, messages, calls for an appointment with the bailiff service;
• concealment of income by receiving “gray” or completely unofficial salaries;
• dismissal from an official place of work and a long-term absence of a new source of official income and non-registration at the labor exchange;
• change of place of residence without warning the bailiff or alimony collector;
• lack of response to the formation of debt: there were no attempts on the part of the debtor to reduce the amount of alimony or change the method of collecting it.

Judges consider all factors together. If possible, the plaintiff should confirm his point of view with the help of witness statements, certificates, bank card statements and other documents. The presence of evidence can significantly speed up the progress of the case .

If the debt arose through no fault of the payer, the court may reject the claim for the collection of penalties. Most often, this happens in cases where maintenance funds were not transferred due to the fault of the employer (for example, due to an accountant’s error), due to the occurrence of force majeure circumstances (natural disasters, military operations, and so on).

Until August 9, 2018, the penalty for alimony was 0.5% of the debt amount for each day of delay. After amendments were made to the Family Code, the percentage was reduced to 0,1%.

Thus, for debt incurred before August 9, 2018, it is necessary to pay a penalty of 0.5% for each day of delay. If the debt arose later than this date, the court will charge 0.1%.

This is due to the fact that in this situation the law does not have retroactive force (paragraph 2, part 1, article 4 of the Civil Code).

Reducing alimony penalties

A reduction in the amount of late fees occurs if the alimony payer is in a difficult life situation . Reasons for reducing the amount of the penalty may be:

• receipt of disability either by the debtor himself or a close member of his family;
• serious illness of the debtor or his relatives;
• a decrease in the payer’s income due to circumstances beyond his control: liquidation of an enterprise, delayed wages, and so on;
• the emergence of new alimony obligations for the payer: maintenance of children from another marriage, parents, and so on.

At the same time, the court will also pay attention to the extent to which the occurrence of the alimony debt affected the financial situation of the alimony recipient: if the consequences of the debt were serious, then the court may collect the full amount of the penalty, despite the difficult financial and family situation of the defendant.

Recipients of alimony, especially minor children, belong to the category of citizens whose rights are especially protected by law .

That is why the penalty can be reduced only if there are sufficient grounds and only if the delay did not cause significant damage.

Child support payers should keep in mind that it is usually necessary to prove the presence of several good reasons for the court to reduce the amount of the penalty.

Source: http://alimente-info.ru/vyplata/neustojka/vzyskanie/

Statement of claim for alimony penalty 2019

5/5 (2)

Any civil action must comply with the requirements set out in Article 131 of the Code of Civil Procedure. Making a demand for payment of a penalty for alimony obligations is no exception here.

Please note! When drawing up a claim, the applicant must indicate the following information:

• About the court to which the application is sent (its full name);
• About the parties to the case - the plaintiff and the defendant. For each of them, you must indicate your full name, current contacts and address information;
• About the price of the claim. The price corresponds to the volume of claims for payment of penalties presented in the claim;
• Certifying the existence of a recognized obligation to pay alimony payments. Usually a previously issued order or an agreement concluded between the parties on child support is attached;
• The date of payment is indicated. The date when money was last received and the date when the delinquency for a specific payment begins should be indicated. All this is necessary to confirm the accuracy of the calculations made by the plaintiff;
• Scope of requirements. Often this is accrued arrears of alimony and a penalty calculated for amounts not paid on time. Also, the recipient of alimony has the right to indicate other costs that have arisen in connection with missing the alimony payment schedule. Here you will need to provide evidence of the occurrence of such circumstances;
• A statement of all the circumstances is how the plaintiff sees it. If the defendant wishes to challenge the disputed circumstances, he has the right to do so separately by filing a counterclaim;
• List of requirements presented to the defendant. When considering a case, the court either satisfies them or rejects them. The court has the right to confirm only part of the requirements or change the wording. For example, during the consideration of the case, the declared amount may change if the calculations provided are incorrect and corrected;
• List of documents that are attached to the claim;
• The document is dated at the end and signed by the plaintiff.

Read also: Determining the child’s place of residence: with the father, in case of divorce, judicial practice

When filing a claim, all facts are subject to documentary confirmation, but other methods of proof are also allowed. Exclude from the claim unfounded accusations against your opponent. All phrases (requirements) must be understood unambiguously and be clearly formulated. The court needs to know what exactly the plaintiff wants.

• For each participant in the process, you will need to make a separate copy of the claim with the documents attached to it.
• Attention! Look at an example of a statement of claim for the recovery of alimony penalties:
• Magistrate of judicial district No. 2
• Central district of Barnaul, Altai Territory

Pashina A.Yu.

Plaintiff: Neklyudova Svetlana Konstantinovna,

address: Barnaul, st. Titova, 19

Defendant: Neklyudov Valentin Alekseevich,

address: Barnaul, st. Dzerzhinskogo, 92

Cost of claim: 18,200 rubles.

Statement of claim for the recovery of alimony penalties

Source: https://potreb-prava.com/dokumenty/iskovye-zayavleniya/iskovoe-zayavlenie-o-neustojke-po-alimentam.html

Statement of claim for the recovery of alimony penalties (sample) 2020

Home » Alimony » Statement of claim for the recovery of alimony penalties

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Parents are obligated to support their child. If they divorce/separate, then the one with whom the children do not live is obliged to pay alimony to the other. The amount is set by the court or the parents themselves. According to the general rules, unless otherwise stated in the agreement of the parties, alimony payments are made monthly.

Failure to pay within a strictly specified time leads to delay, and this, in turn, becomes the reason for the accrual of a penalty. According to Article 115 of the RF IC, the penalty is 0.5% of the total debt. You can only get the money you owe through the court (if the other party refuses to pay the debts voluntarily).

To do this, you need to file a claim, which we will talk about in more detail now.

How to fill out a claim correctly

All statements of claim are filled out in accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The requirement for alimony penalties in this case is no exception.

Form and content

The statement of claim must include the following information:

• The name of the magistrate court in which the claim is filed.
• Information about the applicant and the respondent. Here you need to provide your full name, contact information and address.
• Cost of the claim. It is equal to the amount of claims against the defendant.
• Confirmation of the need to pay child support. This can be either a previously received court order or an agreement between former spouses.
• Indication of payment dates. It is especially important to indicate the date of the last receipt of money and the date when the delay began. The latter is necessary to verify the correctness of the plaintiff’s calculations.
• Size of requirements. This usually includes the amount of the penalty and accumulated alimony debt. However, in addition to this, the plaintiff can indicate here other costs that he incurred due to late payment of alimony. In the latter case, it is necessary to provide evidence of the current situation.
• A description of how and on what basis the plaintiff sees the situation. If the defendant has a different opinion, he can express it separately or file a counterclaim.
• A list of specific requirements for the defendant that the court must approve or refute. It should be borne in mind that the court can confirm only part of the requirements or slightly modify them. For example, reduce the amount of the penalty if there are good reasons for this.
• List of documents attached to the case.
• Date and signature of the plaintiff.

In the statement of claim, all facts must be supported by documents or any other means. It is recommended to avoid unfounded accusations. Also, you should not indicate vague phrases or requirements, since the court must clearly understand what the plaintiff wants. And lastly, it is required to make copies of all attached documents, 1 copy for each party.

For a better understanding, we suggest that you familiarize yourself with a sample of such a statement of claim.

Download a sample statement of claim for the recovery of alimony penalties

Rules for filing a claim

There are a number of mandatory rules that should be taken into account in order for the claim to reach the court and be accepted for consideration.

Options for filing a claim

You can file a claim in person or by mail. In the first case, the applicant can be sure that his claim has actually been received and will be considered. In the second, he can send documents to the court at the defendant’s place of residence, or simply make his task easier if he is not able to personally visit the court.

Where to file a claim

Claims of this type differ somewhat from most others precisely in their jurisdiction.

In the usual manner, the application is submitted at the defendant’s place of residence, however, in the case of a claim related to alimony, the plaintiff can choose which court is more convenient for him to apply to.

It should be borne in mind that you can only choose between magistrates' courts. District districts do not consider such cases, regardless of the amount of debt.

Example : The plaintiff can file a claim in court at his place of residence or the defendant’s place of residence, even if its price is more than 50 thousand rubles. According to the usual rules, such applications are filed in the district court, but claims of this type are considered only by the magistrate court.

The collection of penalties in general and alimony in particular is subject to the general rules of limitation - 3 years. However, there are some peculiarities here too.

So, if, in the usual manner, after three years the court does not accept such an application, then in this case it will not only accept, but will also consider the entire situation from the moment of its formation.

If the plaintiff has strong evidence as to why he did not apply earlier, and the defendant does not have evidence as to why he did not pay the money when he should have, then the court may well take into account the entire amount of the penalty for 4 or more years.

Attached documents

When filing a claim, you must attach a certain package of documents:

• Plaintiff's passport.
• The document that became the reason for calculating alimony: an agreement or a court order.
• Certificate of birth of a child, marriage and divorce (the last two documents - if available).
• Certificate from the executive service with calculation of the debt incurred.
• Evidence of lack of alimony payments.

State duty

The situation with state duty is ambiguous. On the one hand, paragraph 2, paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation states that only persons who file applications for the collection of alimony are exempt from paying the fee.

The amount of the penalty, although it is derived from alimony, is still not such. So, in theory, you need to pay. On the other hand, the child has the right to receive maintenance from his parents (Art.

60 of the RF IC), and any legal proceedings related to the protection of the rights of a minor child do not require payment of state fees (Article 333.36 of the RF Tax Code, clause 15, clause 1). It turns out that you don’t need to pay anything.

Since there is clearly a contradiction in the law, the courts interpret this problem differently each time. However, in practice, this option is still more common in which you do not need to pay anything.

Settlement agreement

If, after filing a statement of claim, the parties still decide to agree with each other “in an amicable way,” they can enter into a settlement agreement. Formally, it can be anything, as long as the problem is resolved.

However, in fact, all demands should be met and concessions should be made only in exceptional cases. This is because once a settlement agreement is entered into, the legal proceedings are immediately terminated. And it becomes almost impossible to challenge the concluded document.

The only option is when one of the parties begins to violate its terms.

Example : After filing a lawsuit, the defendant assessed the seriousness of the plaintiff’s intentions and decided to negotiate. He agreed to pay the alimony debt and the penalty, but asked to reduce the amount of the penalty by 50% and arrange payments in installments of 25% over 4 months. The plaintiff agreed.

If, after concluding the document, he regrets the lost 50% of the amount of the penalty, then the court will not accept the application, because the parties themselves entered into such an agreement and no one forced them to agree. But if the defendant does not pay the amount on time, then you can file a new lawsuit in court describing the changed problem.

It is logical that if you apply again, it is no longer recommended to enter into another settlement agreement, but this is everyone’s personal choice.

If for some reason the defendant does not agree with the accrual of the delay, its amount or other provisions of the claim, he has the right to file a counterclaim in which he will describe the problem from his point of view, attach evidence and indicate his requirements. The court is obliged to consider both such claims simultaneously, within one hearing.

Example : The plaintiff files an application with the court demanding to recover from the defendant the amount of alimony debt for six months and a penalty for the same period. As evidence, he provides an account statement where, according to him, the money should have come.

The defendant files a counterclaim, in which he indicates that all amounts were regularly transferred in full. Provides payment documents as confirmation.

In such a situation, the court must figure out which of the two is telling a lie and make a decision based on this.

The court may reject a claim for the following reasons:

• Compiled in violation of the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation.
• No evidence.
• Error with jurisdiction.
• There are no specific claims of the plaintiff.
• A settlement agreement was previously concluded and its terms are being fulfilled.

Collecting alimony penalties can be quite difficult, especially when there is a problem with evidence of lack of payments or other documents. During a free consultation, our experienced specialists will work with you to sort out all controversial issues and offer options for resolving them. They will help you collect the necessary documents, draw up an application, and can even represent your interests in court.

Read also: Notary power of attorney for a child: price, abroad, for grandmother

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Source: https://ros-nasledstvo.ru/iskovoe-zayavlenie-o-vzyskanii-neustojki-po-alimentam/

Statement of claim for the recovery of alimony penalties (sample)

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Child support is the amount that a parent is required to pay to provide for their minor child. In this case, the payer can be either a parent who left the family or actually lives with the child, but evades fulfilling his parental responsibilities.

IMPORTANT: In addition to forced collection, a citizen can pay alimony voluntarily by concluding an agreement on the payment of alimony with the second parent. If a lawsuit was filed to recover alimony payments, the parent will have to pay alimony by court decision

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However, not every parent conscientiously fulfills the terms of the agreement or court decision and pays child support on time. As a result, the debt accumulates, and the second parent has the opportunity to also collect a penalty for the amount of unpaid alimony.

In what cases is alimony penalty considered?

In accordance with the Family Code, the alimony payer must transfer funds for the maintenance of a minor child on a monthly basis. If, due to the fault of the payer, the child does not receive such payments, then the recipient of alimony (the parent with whom the child lives or guardian) can recover from the unscrupulous parent the arrears of alimony and the amount of the penalty.

Please note: All losses associated with late payment of alimony that were not covered by the penalty are also subject to recovery. But they will need to be proven in court.

Collection of penalties is an effective method of dealing with defaulters, but only if they have a constant source of income to pay the debt. Judicial practice shows that decisions are made in favor of the recipient of alimony, since the law fully protects the interests of children.

Types of penalties

The law provides for two types of penalties for alimony payments:

• Legal penalty. According to the RF IC, the amount of this penalty is 0.5% of the amount of unpaid alimony and is calculated for each day of delay.
• Penalty by agreement. Applies if parents enter into an agreement to pay child support. In the agreement, the parties can stipulate the amount of the penalty in case of violation of obligations by the alimony payer (including violation of payment terms). Any amount of the penalty can be specified by agreement of the parties.

IMPORTANT: If the agreement does not indicate the amount of the penalty, then the penalty by law cannot be applied to legal relations under the agreement.

The penalty begins to accrue from the last day when the person had to fulfill the obligation and continues to apply until they are fully repaid.

How to fill out an application correctly

Collection of alimony debts and penalties is carried out through the court by filing an appropriate statement of claim. In principle, the applicant can draw up a claim on his own, using a sample from the Internet as a basis, but since each situation is individual, legal assistance from a specialist may be required.

Our lawyers are ready right now and completely free to advise you on filing a claim for the recovery of a penalty for alimony payments.

Form and content

There is no strictly established form of claim. However, there are some requirements for drawing up this document that must be followed so that the claim is not returned to the applicant.

The main provisions and content of a standard claim are set out in Art. 131 Code of Civil Procedure of the Russian Federation, in Art. 132 of the Code of Civil Procedure of the Russian Federation lists the requirements for the attached documents.

The structure of the claim is as follows:

• Name of the court, address;
• Details of the plaintiff and defendant (full name, residential address, contact details);
• Amount of claim, indication of exemption from state duty;
• Descriptive part (description of the current circumstances of the case, calculation of the amount of the claim (debt, penalties);
• Grounds of claim (indication of legal acts confirming the plaintiff’s claims);
• The pleading part (the plaintiff’s demand for restoration of violated rights);
• List of attached documents;
• Date of filing the claim and signature of the applicant.

Important: The statement of claim is submitted in 2 copies, since the second copy must be sent by the defendant. Also, copies of documents to be sent to the defendant must be attached in duplicate.

Sample application for collection of alimony penalties

The presented sample does not contain a calculation of the penalty, which should preferably be drawn up on a separate sheet with a step-by-step indication of the debt for each period of delay.

Where to file a claim?

A claim for collection of alimony debt and penalties is filed with the magistrate who made the decision to collect alimony or at the place of residence of the defendant.

The plaintiff must send an application to the authority at the defendant’s place of residence in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.

As a general rule, the magistrate considers claims whose amount does not exceed 50 thousand rubles. If the cost of the claim is greater than this amount, then the case will not be considered in the city or district court - the amount of the claim does not matter when collecting alimony.

Attached documents

When going to court to file a claim, you will need to collect some documents confirming the stated circumstances.

You will need:

• Plaintiff's passports;
• Defendant's passport (if available);
• Child's birth certificate;
• Agreement on payment of alimony or a copy of the court decision;
• Receipts of the last payment received;
• A certificate from their FSSP about the amount of debt;
• Power of attorney to represent interests (if the claim is filed by an authorized person).

Copies of these documents are a mandatory attachment to the statement of claim. Without them, the court will not be able to consider the case.

State duty

Many citizens are interested in how much the procedure for collecting alimony penalties will cost.

Collection of penalties for late payment of alimony is one of the ways to protect the rights and interests of minor children. Plaintiffs in cases of protection of the rights of minors are exempt from paying state fees when filing a claim. This norm is provided for in paragraph 15, paragraph 1 of Art. 333.36 Tax Code of the Russian Federation.

As a general rule, the state fee for filing an application for alimony is 150 rubles, but since the plaintiff does not pay it upon application, this amount will be recovered from the defendant based on the results of the consideration of the case.

When do you need a lawyer?

The assistance of a lawyer in the case of collection of alimony payments and penalties may be required at any time.

• Firstly, family disputes are not resolved as simply as it seems at first glance. Before filing a claim for a penalty, it is necessary to study in detail the alimony agreement or court decision, and also correctly calculate the amount of debt and penalties. It is advisable to at least get advice from an experienced human rights lawyer to know the prospects of the case. In addition, it is important to correctly draw up a claim in court, since an illiterately drawn up statement of claim may be returned by the court.
• Secondly, if for some reason the applicant cannot personally go to court, then a representative can do this for him if he has the appropriate powers. Of course, it is better if it is a person with legal knowledge and skills in conducting cases in court.

Our specialists are ready to advise you right now and completely free of charge. All you have to do is ask for help!

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Statement of claim for the recovery of alimony penalties

A sample statement of claim for the recovery of alimony penalties, taking into account recent changes in legislation. Alimony is paid monthly. If the alimony payer has committed a culpable violation of the terms of payment, a penalty for alimony may be recovered from him.

The amount of the penalty is determined by Article 115 of the Family Code of the Russian Federation at 0.1% of the unpaid amount for each day of delay. The calculation must be made starting from the first day of the month following the payment month. When concluding an agreement to pay alimony, the amount of the penalty can be increased.

A statement of claim for a penalty for alimony is submitted to the magistrate at the defendant’s place of residence. The price of the claim is determined depending on the amount recovered. The state fee for such claims is paid based on the value of the claim. If the amount of the penalty exceeds reasonable limits, at the request of the defendant, the court, in accordance with Article 333 of the Civil Code of the Russian Federation, has the right to reduce its amount.

Taking into account this circumstance, as well as the amount of the state duty payable, which, if the amount of the penalty is reduced by the court, will not be returned to the plaintiff, we recommend that the plaintiffs independently reduce the amount of the penalty to reasonable limits. Familiarization with the basic rules for drawing up a statement of claim will help you prepare a claim efficiently and competently.

To the magistrate of court district No. _____ in the city ____________ Plaintiff: _______________________ (full name, address) Defendant: _____________________ (full name, address)

Cost of claim: ____________________

(full amount from claims)

Statement of claim

on the collection of penalties for alimony

• The defendant is obliged to pay alimony in my favor for the maintenance of _________ (full name of the child (children), date of birth) on the basis of _________ (indicate the grounds for payment of alimony: agreement of the parties, court decision, court order, full details of the specified documents).
• The defendant allows delay in payment of alimony _________ (indicate the periods and amounts of overdue alimony).
• The amount of the penalty for late payment of alimony will be 0.1% for each day of delay (indicate if the agreement establishes a different amount of the penalty), which is _______ rubles.

Considering that the amount of the penalty exceeds reasonable limits, the plaintiff, on his own initiative, considers it possible to reduce its amount to _______ rubles.

(the amount of the penalty is reduced at the request of the plaintiff).

Based on the above, guided by Article 115 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

1. To collect from _________ (full name of the defendant) in favor of _________ (full name of the plaintiff) a penalty for late payment of alimony in the amount of _______ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. A document confirming the defendant’s obligation to pay alimony
4. Documents confirming the amount of alimony and the period of delay
5. Calculation of penalties
6. Other evidence confirming the grounds for the claim for the recovery of alimony penalties

1. Date of application “___”_________ ____ Signature of the plaintiff _______
2. Download a sample application: 
3.   Statement of claim for alimony penalty

Source: https://vseiski.ru/iskovoe-zayavlenie-o-neustojke-po-alimentam.html