Child support is paid by the state: how to get it if the father does not pay

A mother raising a child alone has the right to receive alimony from his father. The method of collection, frequency of payments and their form are discussed between the spouses when drawing up an agreement or determined in court. Willful defaulters are dealt with by bailiffs.

If it is impossible to find a child support provider or collect funds from him for the maintenance of a dependent, the mother has the right to contact the social protection authorities.

Authorized persons can increase the benefit for a child who does not receive alimony upon presentation of documents proving non-payment by the biological father.

Legal basis

Social child support, according to the previously rejected bill number 489583-6, could be available to single mothers raising their children independently after the dissolution of their marriage. The key points of the regulatory legal act are as follows:

• The amount of benefits for non-payment of alimony is equivalent to the amount of payments established voluntarily or compulsorily by the alimony provider. Its lower threshold should not be less than the subsistence level that is relevant in the region of residence of the dependent.
• Funds are provided from the regional budget to compensate for non-payment of child support by the child’s parent.
• A child whose father refuses to pay child support obligations or is wanted is entitled to receive money from the state.

The law on strengthening guarantees of the rights of the child and the payment of alimony by the state was registered back in 2013. Unfortunately, during the first half of 2017, its consideration was postponed several times. The bill was finally rejected in July.

The current regulatory legal act is Federal Law No. 81 on state benefits allocated for the maintenance of dependents. According to Article 16 of this law, the state must reimburse part of the funds to women raising children without the help of a second parent. The amount is set at the regional level.

It is enough for the mother to submit documents confirming the fact of non-payment of alimony to the social security authorities in order to receive a “profitable” (increased) monthly benefit.

Features of government payments

If the ex-husband does not pay child support, does the state pay? It depends on the situation and circumstances:

StagesDescription 1 The mother has documents in her hands (agreement, court decision), on the basis of which the man who is the father of the child is obliged to pay alimony. 2 The alimony provider does not fulfill his duty or disappears altogether, which is confirmed by entries in the reports of the bailiff service. 3 Debt in alimony payments has accumulated over six months or more. 4 A search has been announced for the alimony payer.

Child support from the state, if the father does not pay, but his whereabouts are known, is provided in the following situations:

• The man does not want to pay for the maintenance of his child and in every possible way avoids deductions for child support obligations.
• The child's father is serving time in places of deprivation of liberty (colony, prison).
• The citizen paying funds for the needs of the child was ordered by court to undergo treatment.
• The alimony worker moved to another country for permanent residence.
• The baby's father was declared incompetent.
• Due to deteriorating health or receiving a disability group, the alimony worker can no longer work.
• The citizen was drafted into the army.
• A man can no longer support a child due to circumstances beyond his control.

According to the current regulations of Russian legislation, in the above-mentioned cases, the mother has the right to make an appointment with the local department of social protection. Authorized persons, based on the documents presented, must compensate for alimony payments by increasing the amount of child benefit.

Relevance period of state alimony

The specific period during which reimbursement of unpaid alimony will occur is not specified in the current legislation. Each situation is considered separately by employees of social protection authorities.

They have the right to decide to stop payments for the following reasons:

• The alimony payer put on the wanted list was found by the federal bailiff service or the alimony recipient himself. Funds for child support will continue to be withheld from his income. The debtor will also need to compensate the state for losses associated with the provision of increased benefits to a single mother.
• The child has reached the age of majority or has been emancipated, that is, recognized as legally competent at the age of 16 due to early employment or marriage.
• Adoption of a child by the mother's new husband.
• Termination of the relevance of the circumstances that served as the reason for the provision of assistance from the state.
• The death of a dependent means the termination of any payments for his support. If the alimony holder has died, then the situation is somewhat different. The mother has the right to apply for a survivor's pension. The benefit amount will remain the same.

Determining the amount of increased benefit

There are two ways to determine the amount of alimony compensation. Each of them is applied, depending on the previously assigned form of payment:

Type of deductionCalculation Percentage of income Social security officials determine the required amount by calculating the difference between 1/2 of the dependent's subsistence level established in a given region and the income of family members for the past six months, in addition to persons who are fully supported by the state. Fixed amount Authorized persons calculate the difference between the fixed amount of payments established in court and 1/3 of the subsistence level in a given region.

The average family income is calculated using budget revenues from close family members:

• Spouses (able-bodied and disabled).
• Children under 18 years old.
• Adult children under 23 years of age who continue to live with their parents and are studying full-time at a public institution.
• Adult children with disabilities.

Social security authorities will make an increase equal to the received value. In practice, the amount turns out to be significantly lower than that approved in court.

Instructions for applying for state aid

A woman who wants to insure herself against non-payment of alimony by her ex-husband must follow the generally accepted procedure:

• Have a writ of execution with you, since it is possible to receive alimony from the state if the natural father does not pay only on the basis of a previously made court decision or an agreement on voluntary payments. The agreement is drawn up by the spouses in a notary's office, and the court order and writ of execution are issued upon completion of the case in court.
• Contact the bailiff service if alimony is not paid. Authorized persons will determine the reason for the failure to fulfill obligations by the alimony provider.
• Having the writ of execution and the conclusion of the bailiff service in hand, go to the department of social protection authorities.

When making payments by oral agreement, it is impossible to confirm the failure to fulfill alimony obligations. You will first have to go through the procedure for collecting funds for child support, then follow the rest of the instructions if the need arises.

If all conditions are met, the mother can come with an application and the required documents to the social protection authorities at her place of residence. It takes no more than 10 days to consider the request. The applicant will be notified of the decision via the contacts he or she has provided.

Documentation required by social security authorities

An application for an increase in child benefit is drawn up on the spot. Social security employees will be required to provide examples and help with writing. You must take the following documents with you:

• Metrics of children for whom child support payments were made.
• Certificate of income from official place of work.
• Certificate of dissolution of marriage between spouses.
• A certificate from the bailiff service confirming the failure of the child’s father to fulfill his child support obligations for 6 months or more.
• Applicant's identity card.
• Certificate from the place of residence of the mother and child.

Depending on the situation, other documents may be required:

• Documents confirming the establishment of guardianship of the child, if the documents are submitted by a guardian or trustee.
• Certificate from the internal affairs bodies confirming that the alimony worker has served a prison term.
• Papers proving that the dependent's father is wanted or has moved to another country for permanent residence.

It is advisable to check with social security officials for a complete list. You should take originals and copies of the necessary documents with you.

Consequences of “malicious” evasion of payments

Since 2015, Russian legislation has a clear definition of a “malicious” alimony defaulter. From a legal point of view, this is a person who does not want to support his child and avoids payments in every possible way for a long time.

An unscrupulous parent should expect not only large fines, but also criminal liability. The punishment of the Criminal Code of the Russian Federation is regulated. A criminal case is being initiated in accordance with Art. 157. of this Code in case of malicious and groundless evasion of alimony obligations.

If the alimony worker is unemployed, this does not relieve him of responsibility. The parent will have to pay the accumulated debt and penalties. Payment will be made from his property, savings and bank accounts.

The exception is cases when, for health reasons, he can no longer engage in work. Since 2017, some changes in laws have come into force, so the following innovations have become relevant:

• If the debt on alimony obligations increases to 10,000 rubles. and above, the driver's license of the child support worker will be canceled until the debt is repaid.
• Willful non-payers of dependents' support will not be able to use government services, such as obtaining a foreign passport or obtaining a driver's license.

The state is obliged to provide assistance to mothers who do not receive child support and are raising their children on their own. To obtain it, it is enough to contact the social protection authorities. You must take with you documents confirming the request and their duplicates. The funds are provided in the form of a supplement to the child benefit.

Source: https://FamAdviser.ru/soderzhanie/vidy/alimenty-ot-gosudarstva-esli-otec-ne-platit.html

Child support from the state

Many Russian mothers (since most often in single-parent families minor children stay with their mother) are concerned about the question: if the father does not pay child support, can the state pay for him, and where should he go for this? In this regard, State Duma deputies, government officials and representatives of the public have repeatedly spoken out about the need to create a special alimony fund , with the help of which material support would be provided to children who do not receive payments from irresponsible parents.

Unfortunately, there is still no . However, in some regions of Russia, needy low-income mothers and fathers who do not receive alimony for minor children can apply to social protection authorities for an increased monthly child benefit .

In addition, the state is expanding the list of punitive measures against debtors to encourage them to repay their debts.

If the enforcement search for the debtor does not bring success for a long period of time, in 2019 the mother (father) of the child is given the right to apply to the Pension Fund of Russia (PFR) to receive financial assistance.

Photo pixabay.com

Does the state pay alimony for the debtor?

On April 3, 2019, a group of State Duma deputies from the LDPR faction proposed an amendment to the Family Code regarding state support for citizens entitled to alimony (draft bill No. 680786-7). Government officials are discussing the possibility of obliging the state to pay alimony to children and other needy categories of persons, starting from the 6th month of absence of payments by the person obligated for alimony.

According to the current legislation, child support can be awarded both in shares and in a fixed sum of money (TDS):

If the child’s mother or father leaves abroad for permanent residence, and no agreement on the payment of alimony has been reached between the parents, the interested person has the right to determine the amount of the TDS in court. The law also gives the right to provide certain property of the payer as alimony .

However, the assignment of alimony payments does not guarantee the receipt of funds into the child’s account.

Read also: Plot of land for many children: how to get money instead of a plot of land

Vice-Rector of the Academy of Labor and Social Relations Alexander Safonov emphasizes that evasion of alimony payments is a widespread practice. Most often, fathers refuse to provide for their children and do not take part in their upbringing.

According to statistics, in approximately 50 percent of cases, bailiffs cannot find debtors or collect alimony from them.

Law on payment of alimony by the state

Back in 2014, State Duma deputies O. A. Nilov, O. L. Mikheev and S. M. Mironov came up with Bill No. 489583-6, the purpose of which was to expand guarantees for children to receive alimony payments.

In particular, it was said that the amount of funds collected per child should not be lower than the subsistence level in the region of residence .

An exception could be difficult life situations of the alimony payer:

• disability;
• establishing the fact of serious illness;
• the need to care for a sick or incapacitated family member, etc.

In addition, deputies considered the possibility of creating a state alimony fund , from which payments would be made to needy citizens if they did not receive alimony. Unfortunately, the bill was rejected by the State Duma on July 5, 2017 and has no legal force .

There are debates in society about the advisability of making compensatory alimony payments by the state for the debtor.

On the one hand, the project corresponds to state policy and will be aimed at protecting the interests of motherhood and childhood - one of the most socially vulnerable groups.

However, shifting the responsibility of able-bodied family members to the state can have a number of negative consequences.

Alimony fund

The idea of ​​creating an alimony payment fund in Russia has been discussed by government officials for a long time. It was assumed that the purpose of this structure would be to change the mechanism for paying alimony . At the moment, the claimant cannot receive funds until they are paid by the debtor.

If an alimony fund is created, then if there is a debt, funds for the child (or other disabled dependent) of the defaulter will be allocated from it. Thus, the alimony holder will no longer owe money to the collector , but to the state, which has more powerful leverage over debtors.

If the bill had been adopted, most likely, the state would have stopped compensating for child support in the same cases as when it was paid by the person obligated to pay it. These factors are regulated by Part 2 of Art. 120 of the Family Code of the Russian Federation:

• in the event of the death of one of the parties (payer or recipient of financial assistance);
• the son or daughter of the payer reaches the age of majority or the child acquires full legal capacity;
• upon the fact of adoption of a child for whom alimony was paid;
• expiration of the terms of the notarial agreement or the occurrence of circumstances that are the reason for its termination.

The adoption of a law on the creation of an alimony fund would allow women and men who do not receive alimony from their second parent for a long period of time to count on receiving compensation from the treasury. So far, no corresponding amendments have been made to the Family Code, and in 2019 there is no alimony from the state .

What does the state do if a parent does not pay child support?

Guardians with whom minor children live do not have the right to receive alimony from the state if the debtor fails to pay it. However, the authorities have developed a number of effective measures by which the Federal Bailiff Service (FSSP) influences defaulters and forces them to repay the debt .

However, if certain conditions are met, citizens can count on material compensation from the state in the event of non-receipt of alimony. In particular, the right to receive increased child benefits , taking into account the criteria of his need. This method is suitable for low-income citizens with children under age.

Conditions for receiving benefits

The amount of preferential payments, the timing and frequency of their appointment are established and regulated by each subject of the country individually (Article 16 of Federal Law No. 81-FZ of May 19, 1995). However, there are general principles according to which benefits can be increased:

1. The recipient of alimony must be recognized as low-income, that is, the average monthly income for each family member must not exceed the subsistence level.
2. The claimant has a writ of execution or a court decision in his hands.
3. The alimony holder is hiding and (or) not fulfilling his financial obligations.
4. Accumulation of unpaid debt (on average, about 6 months).

Monthly payments may also be slightly increased in cases where the child’s parent :

• is undergoing military service;
• does not pay child support for the following reasons:
  • evades payment of alimony;
  • serving a prison sentence;
  • undergoes compulsory treatment;
  • is wanted.

The duration of payments is established by the authorities of the constituent entities of the Russian Federation . For example, in the Bryansk region, funds are paid until the age of 16, and if the child continues to study in a general education organization, then until the age of 18.

The amount of benefits also varies and can range from several hundred to several thousand rubles . To clarify official information about the amount and duration of payments, you must contact the social protection authorities . In some regions there may be no surcharge.

How to get benefits for non-payment of alimony

To receive “children’s” benefits, the legal representative of a child whose parent does not pay child support must contact the social security authorities at the address of residence and provide the organization’s employees with a package of the following documents:

1. Application for child benefit.
2. Child's birth certificate.
3. A certificate confirming that the child lives together with the parent who wishes to receive the benefit.
4. Certificate of salary for each family member - to confirm low income and need.

Depending on the circumstances, the following evidence is required that payment of alimony is not carried out or is impossible :

• information from the bailiff service that the location of the debtor was not established at the time of applying for increased benefits;
• a certificate of the location of the debtor: from the place of deprivation of liberty, from a medical organization, as well as a document confirming that the alimony holder does not have earnings sufficient to fulfill the court decision;
• information from the military commissariat about the conscription of the child's father for military service.

The list of required documents can be expanded: for example, sometimes a divorce certificate is required. Up-to-date information should be obtained from the social security authorities in the locality of residence.

In this case, the recipient of assistance will need to periodically confirm their low-income status so as not to lose benefits. If the relative starts paying child support again, payments from the state will also stop.

Compensation for child support from the state if the parent is wanted

If the executive search for the alimony debtor does not bring results within 1 year , the recipient of financial assistance has the right to go to court to recognize the payer as missing. If the judge makes a positive decision in the case, the child whose missing parent will be entitled to receive a survivor's pension instead of child support.

On March 7, 2018, Vladimir Putin signed Federal Law No. 48-FZ, amending Art. 278 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation.

Thanks to these amendments, when considering a case on declaring a citizen missing, judges have the right to request information about the wanted alimony worker directly from the bailiff conducting the proceedings in the case.

Previously, only internal affairs bodies, which were not involved in providing information about alimony debtors, could confirm information about the impossibility of finding absent citizens. This created a hopeless situation that prevented people from receiving a pension instead of alimony.

Children whose fathers (or mothers) are missing are equated to citizens who have lost their breadwinner , according to Part 1 of Art. 10 of Federal Law No. 400-FZ of December 28, 2013. Consequently, they have the right to material support from the state in the form of an appropriate pension.

It is paid until the age of 18 or 23 , if the child is studying full-time (full-time).

Thus, responsibility for the financial support of a child, one of whose parents is missing, does not fall solely on the shoulders of his mother, father or other guardian.

How to get a pension instead of alimony in 2019

After 1 year of unsuccessful search for the alimony holder, the bailiff is obliged to:

1. Call the recipient of funds for an appointment.
2. Explain to him the procedure for filing a claim with the district court to declare the debtor missing.

If, for some reason, the bailiff does not call the collector after a year of fruitless searches for the debtor, the recipient can independently visit the official and demand clarification from him about the procedure for declaring the alimony provider missing .

List of documents submitted to the court to recognize a citizen as missing:

1. Statement of claim.
2. Plaintiff's passport.
3. A copy of the court order or court decision on alimony.
4. A copy of the resolution on the amount of alimony debt - as confirmation of unfulfilled alimony obligations.
5. A copy of the resolution on placing the debtor on the executive wanted list.

If the claims of the alimony recipient are satisfied, the court’s decision to recognize the defaulter as missing will become the main basis for assigning a pension instead of alimony . The legal representative of the child will need to contact the regional division of the Pension Fund of the Russian Federation and clarify with government agency employees the further procedure for obtaining the required pension.

Recognition of the alimony provider as missing entails serious sanctions for him. If a negligent parent is found, he will subsequently be obliged not only to repay the debt to the state represented by the Pension Fund of Russia, but also to continue to pay child support for the minor child.

Debtor's liability for non-payment of alimony

Family, executive and administrative legislation defines a wide range of effective measures to influence debtors. The application of penalties should encourage alimony payers to repay the debt. The methods used by bailiffs include:

1. Fine:
   • Articles 17.14 and 35.1 of the Code of Administrative Offenses (CAO) of the Russian Federation provide for fines from 1,000 to 20,000 rubles;
   • according to Part 2 of Art. 115 of the RF IC, the recipient of alimony payments has the right to recover from the debtor a penalty in the amount of 0.1% of the debt amount for each day of delay.
2. If you have a debt of 10,000 rubles. It is possible to suspend a special right – the debtor’s driver’s license .
3. Ban on travel outside the Russian Federation.
4. Seizure of funds and property of the defaulter, and also provides for the possibility of foreclosure on the property of the defaulter. This means that the debtor’s property and money located in banks can be withheld and allocated to pay alimony debt .
5. Putting the defaulter on the wanted list.
6. Deprivation of alimony parental rights.
7. Involvement in compulsory work for up to 150 hours.
8. Administrative arrest – from 10 to 15 days.
9. If there is a deliberate malicious failure to pay alimony, alimony may be applied to a citizen criminal liability measures:
   • correctional or forced labor;
   • arrest up to 3 months;
   • imprisonment for up to 1 year.

Criminal liability (maximum sanction) occurs if administrative methods have already been applied to the alimony defaulter, and they did not bring results .

In accordance with the law, sanctions will be applied to the alimony provider only if the debt arose through his fault. Otherwise, the citizen may be exempt from paying the debt .

Source: http://alimente-info.ru/vyplata/alimenty-ot-gosudarstva/

How to get child support from the state if the father does not pay?

According to Russian law, both parents are required to support a joint child. In practice, the norms of Article 80 of the RF IC are often violated. Sad statistics show that tens of thousands of women are forced to raise children without financial support from their fathers. It is quite logical that a single mother has questions: is it realistic to receive alimony from the state if the father does not pay alimony, what payments from the budget is she entitled to in such a situation.

Read also: How to change a child’s name on a birth certificate in 2020

In what cases does the state pay child support?

Contents (click to open)

A number of countries allow the payment of an analogue of alimony from special budget funds. Foreign women who are unable or unwilling to receive money from the fathers of their children do not experience such financial difficulties as Russian women who find themselves in a similar situation.

In the Russian Federation, discussions about the need to form a special alimony fund, from which funds would be paid for the maintenance of children while the search for their fathers is ongoing, has been going on since 2010.

However, the normative act has not been adopted to this day.

In 2014, deputies developed a bill obliging regional authorities to bear the cost of paying alimony to mothers who are not supported by the fathers of their children, but it was not approved by the State Duma.

Finally, on 03/07/2018, the Russian President signed Law No. 27783-7, amending Article 278 of the Code of Civil Procedure of the Russian Federation and Law No. 229-FZ. The essence of the amendments was the possibility of receiving benefits for the loss of a breadwinner if the latter is declared missing (bailiffs will not be able to find him after 12 months of operational search activities).

Of course, this was not what Russian women who raised children on their own expected, but the adoption of such a regulatory act allowed some women to receive child support from the state. The amount of payment is assigned by the Pension Fund of the Russian Federation and depends on the work activity of the alimony obligee:

• if he worked, the benefit is considered labor benefit, it depends on the debtor’s insurance experience and consists of a fixed and insurance part;
• if the debtor did not work, they will assign a social benefit amounting to 7586.35 rubles;
• if the payer is a military personnel, state benefits are paid.

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Grounds for assigning payment

The opportunity to receive state assistance is available to mothers who fall under the requirements of Article 16 of Law No. 81-FZ. Based on its provisions, women raising children alone are entitled to an increased monthly benefit. However, this applies only to residents of regions where the relevant regulations have been approved. The rest will have to cope on their own.

It is permissible to rely on alimony from the state if 4 conditions are simultaneously met:

1. There is a court decision to collect alimony from one of the parents.
2. There is confirmation from the bailiffs that the defendant does not transfer funds for the maintenance of the child.
3. There are no payments for 6 months.
4. The debtor is wanted.

If the location of the draft dodger is known, but it is not possible to collect alimony from him, you can receive it from the state in the following cases:

1. The father is in prison.
2. A man persistently and systematically evades parental duty, for example, deliberately refuses official employment.
3. The person obligated to pay alimony moved to another state for permanent residence.
4. In relation to the debtor, there is a court decision on forced referral for treatment in specialized medical institutions.
5. The “alimony worker” was declared incompetent.
6. A citizen is undergoing compulsory military service.
7. Other factors have emerged that are independent of the payer’s intentions and that impede the payment of alimony.

Where to apply for alimony?

In the cases listed above, a woman has the right to seek help from social protection authorities in order to provide her child with an acceptable level of maintenance. After studying the submitted documents and analyzing the mother’s financial situation, the child will be assigned a higher allowance to compensate for the loss of alimony.

How long will it take to pay?

The current legislation does not provide for a specific duration of payments. Each situation is individual: therefore, when calculating the amount of benefits, a social protection specialist is guided by the need to provide the minor with a decent standard of living.

The duration of payments depends on a number of factors. However, at the first opportunity to shift the financial burden of paying child support onto the child’s second parent, the state will certainly take advantage of it.

Termination of payments

The list of grounds for termination of alimony obligations is given in Art. 120 IC RF. Based on its provisions, social security authorities decide to stop payments.

It is initiated when the following reasons are identified:

1. The FSSP or the recipient of alimony found the payer or property belonging to him, thanks to which the procedure for collecting funds was again initiated.
2. The child has reached the age of 18 years (23 years if studying full-time at a university) and has lost the right to receive alimony.
3. A teenager over 16 years of age was emancipated early due to self-employment and having his own income or due to marriage.
4. The minor was adopted.
5. The circumstances due to which the mother applied to the social security authorities for benefits have lost their relevance.

Important! From the moment of death of a dependent, all obligations for his maintenance cease. After the death of the person obligated for alimony, the second parent has the right to count on a survivor's pension. However, the payment amount will not change.

Amount and procedure for assigning payment

The amount of the state benefit depends on the principle on which alimony was previously assigned.

There are two options:

1. If a fixed payment was awarded, SZN specialists will calculate the difference between it and 1/3 of the subsistence level in the region of presence: the amount received will come as a benefit.
2. If alimony was assigned as a percentage of the earnings of the second parent, the required amount is calculated based on the difference between 1/2 of the subsistence level in force in the region of residence and the average monthly income per 1 family member for the last six months. In this case, the income of all family members (pensions, scholarships, etc.) is taken into account. Benefits of persons who are fully supported by the state are excluded from the total amount.

Social security authorities will calculate the premium and add it to the previously assigned benefit. Already from the mechanism of its calculation it is clear that the amount received will be noticeably lower than the amount of alimony awarded by the court. Therefore, it is necessary to do everything possible to receive child support from the parent, and not from the state.

Important! More than 15 thousand rubles. The state will not pay alimony.

How to apply for alimony from the state?

To protect yourself from non-payment of child support by your father, you should be guided by the following principles:

1. Have a writ of execution available, according to which alimony is awarded, since any support from the state can only be received by an appropriate court decision or a notarized alimony agreement. Other agreements (even written) are not taken into account.
2. Be sure to contact the FSSP employees if the required alimony payments have not been received for more than 1 month. Then the bailiffs will search for the debtor and find out the reasons for non-payment of child support.

You can exercise your rights by contacting social security authorities. You must have a writ of execution and a conclusion from the bailiffs, which states the impossibility of collecting funds.

Documents required to assign payment

You can submit an application to review the amount of benefits at the territorial SZN at your place of residence. There is no approved form for this, however, each territorial social protection authority has samples of standard applications for which it is easy to write your own petition.

The document must include the following information:

• name of the territorial body of the SZN where the applicant applies;
• personal data and registration address;
• state the essence of the issue, provide facts confirming the impossibility of collecting alimony from the child’s father.

The application must be signed and the date of its preparation must be indicated.

To confirm the information contained in it, you will have to provide the social security authorities with:

• the applicant's general passport;
• birth certificates of children for whom alimony was paid (or their passports);
• certificate of divorce;
• salary certificate, income statement, if the applicant is an entrepreneur;
• a certificate from the FSSP confirming non-payment of alimony for more than six months;
• a certificate from the applicant’s place of registration confirming her residence with the children.

The documents listed in the first three paragraphs are submitted in the form of copies; when contacting a specialist, you must have the originals with you. If the application is submitted by the guardian of a minor, additional papers will be required to record the fact of the appointment of guardianship.

Typical situations faced by applicants

An increase in benefits in cases where it is impossible to collect alimony from the child’s father is almost always difficult to initiate. Despite the very modest amount of state assistance, it can be difficult for social protection authorities to prove that receiving money for child support is vital. In other situations, additional documents will be required to confirm your case.

What to do if your father is in prison

If the child’s second parent is serving a sentence, a corresponding certificate from the internal affairs authorities will be required to assign payments. The paper must indicate that the convicted person is deprived of the opportunity to work (hence, he has no income from which alimony can be withheld).

Nuances of paperwork for a single mother

A woman is considered a single mother if the father of her child is unknown. But filing for alimony is allowed only if there is indisputable evidence of paternity.

In order to demand any payments from the intended parent, you must first prove his blood relationship with the child. If we manage to do this, we will have to give up our single mother status.

Therefore, before starting a legal battle with the alleged father, you should think about what is more profitable: receiving alimony from him or receiving benefits as a single mother from the state.

Results of evasion of alimony payments

Russian women who have suffered with the assignment of additional benefits because of a father who evades payment of alimony will be pleased to know that the state will definitely punish the debtor.

In 2015, the concept of “malicious alimony defaulter” appeared in domestic legislation.

It is interpreted as a person who deliberately avoids providing financial assistance to a child for a long time.

According to the provisions of Article 157 of the Criminal Code of the Russian Federation, the “deviator” parent will be punished with a hefty fine and will even be prosecuted.

Since 2017, regulations regarding draft dodgers have become even stricter:

• if the alimony debt exceeds 10 thousand rubles, the citizen’s driver’s license is canceled until the obligations are fully settled (Law No. 340-FZ);
• ban on leaving the country (Article 67 No. 229-FZ);
• persistent defaulters are deprived of the right to use government services: they will not be issued a driver’s license or issued a foreign passport.

Video: new law on state payments

Expert opinion

The state will not leave a woman deprived of alimony alone with her problems, but the benefit offered in return will not be enough to adequately support the child. Therefore, you need to try to find the “draft dodger” father and force him to pay child support.

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Source: https://SocPrav.ru/kak-poluchit-alimenty-ot-gosudarstva-esli-otets-ne-platit

Alimony from the state in 2020 - if the father does not pay, how to get it at the expense of the child in Russia

According to the Family Code of the Russian Federation, Article 80, parents are obliged to fully support their children, even if they do not live with the children or do not live in a joint marriage. But in practice this is not always observed.

Read also: Individual benefits: child care, lump sum, documents

The most vulnerable are single mothers who must receive alimony. Often, even with the help of the court, it is not possible to get the child’s father to pay for his maintenance.

However, this is required by law. If the father, even after a court order, refuses to pay child support, the mother may request to receive child support from the state.

General points

Today there is a project for which a separate fund has been created for single mothers. If alimony is not paid, the state pays benefits to support the family.

After a divorce, the mother can receive monthly government payments only if the child’s father maliciously refuses to pay alimony for his maintenance, contrary to Article 83 of the Family Code.

The monthly amount from the fund must be equal to the amount ordered by the court. However, the amount should not exceed 15 thousand rubles per month.

Required terms

There is a minimum amount paid by the state, but in each region the lower threshold is set separately depending on the current subsistence level.

The region in which the child lives is taken. Such measures have been taken to prevent the father’s income from being deliberately understated or concealed.

The money paid from the state budget as alimony will be collected from the current persistent defaulters. The state will not stop determining their work and location.

What is their purpose

State child benefit is paid only in one case. If there is a writ of execution to collect money from the defaulter, and he regularly evades payment.

Moreover, non-payment must last for at least 6 months in a row. There are situations when a debtor who evades payment of alimony dies. Then all obligations of the state to pay money for it cease.

Payments can be received until the child reaches adulthood. Law on additional assistance to citizens with children.

Article 16 of this law states that single mothers who do not receive any help from the fathers of their children can qualify for an increase in the monthly benefit.

To do this, the woman must prepare documentary evidence of her father’s tax evasion and submit it to local authorities. After their consideration, the amount of financial assistance per child received from the state should be increased.

But before you go to the authorities with documents, you need to make sure whether such a law is provided for at the regional level.

Legal grounds

A project to support single mothers helps maintain their financial situation and ensures a normal existence for a child whose father refuses to pay child support.

The only legal basis for the payment of alimony from the state is a judicial act that has been accepted for execution. And so, the key questions of such a procedure are as follows:

Funds for payments of assistance to single mothers Allocated from the regional budget The amount of payments should be as indicated by the court in the judicial act on the payment of alimony from the father The right to receive government payments Received by children whose fathers are wanted and hide all types of their income in order to evade from paying

Each case is individual, and individual reasons may also affect the provision of government assistance.

The following life situations may arise:

1. The debtor was convicted and is serving his sentence in prison. There at the moment he has no opportunity to earn money.
2. The debtor, by court decision, is undergoing compulsory treatment.
3. The defendant lives permanently in another state.
4. The court found the defendant incompetent.
5. The debtor is urgently called up for military service.

In general, any case where the defendant is not responsible for the circumstances that prevent him from paying the funds is taken into account.

Does the state pay alimony for the debtor?

Many people do not know whether it is possible to receive alimony amounts at the expense of the state if the location and residence of the father is unknown.

And does the state pay in cases where he simply shirks his duties? How will debt collection occur?

The state does not assume full responsibility for paying alimony instead of the debtor. It does not pay child support in full.

However, the authorities will not ignore single parents. They are paid a monthly (alimony) allowance. Local authorities set the amount of benefits independently.

Moreover, the amount of this benefit increases by exactly 50% if the parents or one of them does not pay child support or payment is impossible for reasons beyond the control of the debtor.

Reasons for receiving assistance in Russia

State benefits act as temporary alimony. Therefore, such payments are often called alimony from the state.

Payments are made if the citizen has such evidence as:

• alimony agreement;
• court order for monthly payments;
• performance list.

Such evidence is required; only then will the defaulter be recognized as maliciously evading and will bear full responsibility under Article 157 of the Criminal Code of the Russian Federation.

If the parents only verbally, without a trial, agreed on payments, then it is impossible to reliably determine whether the debtor is paying the money.

Therefore, you should not expect that a citizen will receive payments from the state based on trust alone.

If the father, while under arrest or in any other situation beyond his control, still wants to provide financial assistance to the child, he must sign an agreement to pay child support.

But in this case, the mother also has the right to ask the state for an increased “alimony” benefit. But more often than not, parents who are, for example, going through a divorce cannot come to an agreement.

Then the mother, who is already receiving state. the benefit can count on additional payments based on a writ of execution or a court order.

To obtain one of these documents, you need to contact the court in person at your place of registration and submit an application.

It is also possible for a lawyer to collect alimony payments. Then he needs to issue a power of attorney for this, namely an executive document.

After receiving the writ of execution, you need to go to the social authorities. protection. There you need to submit all documents that confirm that:

• in the locality (name) there is a child with the right to receive child support;
• the child has a parent who is obliged to pay money for his maintenance;
• the parent evades payments due to the above circumstances.

The state has the right to return the benefits paid on all grounds. And they collect this amount from the evading debtor.

Moreover, in addition to the entire amount, a 10% surcharge is added to compensate for the costs of the activities of municipal authorities, which were looking for the debtor and at the same time preparing documents and certificates for paying benefits.

Deprivation of a father's parental rights cannot be grounds for termination of alimony payments, as specified in Article 71 of the Family Code of the Russian Federation. In any case, the child will receive government assistance, which he is entitled to until the age of 18.

How to fill out an application

The application form for alimony can be downloaded here. Such an application can be drawn up on the spot at the social protection authorities, it is suggested that you fill out a form or draw it up in free form. In any case, the social authorities defense must provide a sample.

application for alimony

Document Contents:

1. Full name of the organization to which the applicant is applying.
2. To whom he is addressing, the full last name, first name and patronymic of the current leader.
3. Last name, first name and patronymic of the applicant.
4. Applicant's residential address. Indicate your place of registration and actual address.
5. Identity card details.
6. Document's name.
7. Further in the text you need to indicate what type of benefit the applicant wishes to receive.
8. Good reasons for receiving payments (attach a court order).
9. Last name, first name and patronymic of the child, date of birth.
10. List of documents that are attached to the application.
11. The date the document was completed.
12. Put the signature, surname and initials of the applicant.

It must be filled out in neat and legible handwriting without errors or crossed out.

How to get compensation if the father does not pay

If the child’s father deliberately does not pay child support and there is no way to reach an agreement with him, it is necessary to file a lawsuit. Then the complex process of sorting things out, attending meetings and demanding legal payments through the courts will begin.

If bailiffs work conscientiously, then maybe they will be lucky to be content with a meager percentage of the social salary.

If the debtor hides after applying to the courts, does not come to meetings and hides his place of residence and income, the court usually passes a verdict without him. And only then should you contact the social protection authorities with this verdict.

There, in order to receive compensation, you need to provide an application and the corresponding package of documents:

1. The above application for benefits.
2. A copy of the identity card of the parent with whom the child lives permanently.
3. A copy of the birth certificate of a child or several children.
4. A copy of the divorce certificate from the debtor (if the spouses are divorced and if the citizens were married).
5. Documents confirming the amount of wages (lack of income).
6. A copy of the document that confirms the parent's guardianship of the child, if guardianship exists.
7. A document indicating that the child is registered with the applicant.

This list may vary depending on the situation. For example, if this is required, you will have to provide:

Documentary evidence that during the month, search activities against the deliberately hiding debtor did not bring results. You can get such a document from the bailiff service Certificates from the Federal Migration Service confirming that the parent is in another country on the basis of permanent residence Document from the relevant institution That the debtor was forcibly sent for treatment, is serving a sentence or is under arrest

But there is no need to hope that the state will pay alimony. What if alimony is not paid, the state reimburses it, but indexation occurs according to Article 117 of the Family Code of the Russian Federation.

But in fact, single parents receive payments for their child, and their amount is set by regional authorities.

What is the difference in the payments received?

Of course, in 2013, a bill was considered that would help mothers raising children on their own.

It stated that if the father of the child is a persistent defaulter who deliberately evades alimony, then the mother will receive this same alimony from the state.

But this bill never came into force. Instead, mothers receive monthly compensation.

All Family and Tax Code standards must be strictly adhered to. Then the defaulter will be punished, and the child will receive the payments due to him.

If you do not provide all the evidence, the state will not pay benefits. Therefore, all documents regarding non-payment must be prepared in advance.

Video: alimony from the state

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Source: https://posobieguru.ru/semja/alimenty/ot-gosudarstva/