What is the penalty for non-payment of child support?

  • 10.10.2021


First of all, the "alimony" who evades his duties must be prepared for regular visits and written warnings from the bailiffs. It is possible that the recipient of alimony may appear at the place of residence of the defaulter for a company with bailiffs - the law gives him the right to initiate and participate in the process of collecting alimony. What threatens a non-payer of alimony in Russia? What is waiting for him?

  1. One of the simplest and most effective measures to influence debtors is deprivation of the right to drive a vehicle. The law, which allows to deprive a driver's license for non-payment of alimony in excess of 10,000 rubles, entered into force on January 15, 2016. Moreover, the bailiff has the right to issue an appropriate decision without going to court - it will be enough only for a court decision on the imposition of alimony obligations and the fact of alimony debt. Within 5 days after the decision is made, you must hand over the driver's license to the bailiff. It will be possible to return them only after the full payment of the debt and the provision of a receipt.
  2. Not so long ago there was a law prohibiting non-payers go abroad. This restriction applies to debtors until the debt is fully repaid. They say that special terminals have already been installed at some airports, through which you can pay the amount of the debt. True, even in this way it is not always possible to solve the problem, because the transfer of funds does not occur instantly. It is better to take care of the absence of debts in advance.
  3. For each day of delay in maintenance payments, fine. This means that if alimony is not paid on time, the total amount of the debt increases.
  4. Fine up to 100 minimum wages - a punishment that threatens for non-payment of alimony if the payer hid his income.
  5. A very effective punishment for persistent non-payers of alimony is correctional labor(up to 12 months) or public Works(from 20 to 180 hours).
  6. One of the most severe punishments arrest(up to 3 months) and deprivation of liberty(from 1 to 3 years);
  7. Deprivation of parental rights.

Speaking of criminal liability, it should be remembered that it applies only to persons guilty of. A malicious non-payer does not pay alimony for more than 4 months, changes his place of residence or hides from the recipient of alimony and bailiffs, hides or reduces his income, ignores the court decision on the recovery of alimony and debt, has an impressive alimony debt. You can read more about criminal liability for non-payment of alimony in the article "".

By the way, the negligent "alimony" can be assigned several types of punishment at the same time. For example, in addition to the principal amount of the debt, he will pay a penalty (for each day of delay in maintenance payments), a fine if he hid his income by providing false information about his place of work and salary. He may be banned from leaving the country, his bank accounts and property may be seized. In some cases, he may be charged with a criminal offense - malicious evasion of payment of alimony.

When is there no threat for non-payment of alimony?

Although the law allows the recipient of the alimony and the bailiff to initiate the process of bringing the alimony debtor to liability (including criminal liability), in certain circumstances this is not allowed. For example, if…

  • the alimony payer has lost his job, but is registered with the Employment Center and is conscientiously looking for a new job;
  • the alimony payer was ill, in connection with which he incurred significant material expenses;
  • the alimony payer has made minimum alimony transfers over the past 4 months;
  • the reason for non-payment of alimony is the delay in wages at work;
  • the bank (accounting department) did not transfer the amount of money or did it untimely;

If the defaulter proves that he is not guilty of non-payment of alimony, the court will release him from paying alimony and penalties for the specified period.

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Help of a lawyer

Punishments for non-payment of alimony can affect any payer. Sometimes, a person fulfills his duties, but an error with the transfer of funds puts him in the category of debtors, and sometimes malicious defaulters. Not all people can understand the situation and understand how to proceed further. Especially if your driver's license is confiscated or your bank accounts are frozen. How to be in a difficult situation?