When the ex-husband is hiding from alimony, his wife and bailiffs, you can recognize him in court as missing, having received child support from the state. Since March 2018, according to the Federal Law "On Enforcement Proceedings" and the Federal Law No. 48-FZ "On Amendments to Article No. 278 of the Civil Procedure Code of the Russian Federation," a serious evader of child support has been equated with missing persons and children are assigned a pension for the loss of the bread-winner.
New Law Explained
The new position was adopted due to the inefficiency of the FSSP, or rather the lack of authority to act more strictly with debtors. As a result, the alimony hides from the bailiffs, and the mother of his child unsuccessfully tries to claim debts that are growing exponentially.
Now, after a year of prosecution, the debtor is recognized as missing and under Art. 3 Federal Law No. 400-Federal Law Children are entitled to material assistance from the state.
Do not think that maintenance obligations are canceled! As soon as dad is discovered, he will be sent to pay to the treasury what was spent as a monthly pension and will be forced to continue to fulfill parental obligations under Art. 80 hl 13 p.1 SK of the Russian Federation.
Who is recognized not found
Recognize missing according to Art. 42 of the Civil Code of the Russian Federation of a person whom the bailiffs do not find for a year at the place of registration, work, actual residence, with parents, relatives. The alimony claimant may receive an insurance pension for a child in the course of general proceedings (Chapter 30 of the Civil Procedure Code of the Russian Federation).
Important! Missing is not equated with the dead. Unlike a living alimony, the property of the parent for whom the death certificate was issued cannot be used to pay off alimony debts. It is inherited by the child by the law of a successor of the first order.
How to file a lawsuit
The alimony recipient writes a statement to the court, indicating that the defendant is alive, but he has not been found in all known places of possible location over the past 12 months.
It is indicated what work was personally carried out by the plaintiff to find the hiding alimony and the documents are attached (part 1 of article 278 of the Civil Code of the Russian Federation) from the bailiffs about the result of their activities. The court itself sends a request to the FSSP with confirmation of this fact.
What is considered by the court:
- place of registration and actual residence of the child support payer;
- when was the last time he appeared at the addresses;
- measures taken to search for the defendant;
- which indicates that the alimony is hiding intentionally;
- whether or not a woman is interested in recognizing the ex-spouse as missing.
Evidence of an unsuccessful search is provided by the plaintiff and the FSSP. The more facts collected, the higher the chance of a child receiving an insurance pension.
How to act the mother of the child
To apply to the court you need (paragraph 16 of article 65 of the Federal Law) to have documents on hand confirming that the former spouse was not found. Based on this, the mother must take three steps on the way to the preparation of child support:
- file an application for search with the FSSP (Clause 3, Article 65 of the Federal Law);
- wait a year and receive from the executor (bailiff) a document stating that the defendant was not found. Sometimes 12 months should not be expected if the bailiff himself had previously initiated the search for the debtor;
- take a report from the FSSP and apply to the district court to the office with a statement (Article 24 and Article 276 of the Civil Code of the Russian Federation).
Together with the package of documents attached is a receipt for paying the state duty (subparagraph 8 of clause 1 of article 333.19 of the Tax Code of the Russian Federation) 300 rubles. In the application form, they write the purpose of filing the claim (to declare missing and accrual of a pension for the child), a petition for a request to the FSSP about the result of the search. A copy of the mother’s passport, the birth certificate of the child, the results of the search for the respondent’s father, testimony of his prolonged absence from his previous place of residence and work are put in the package of documents.
The court will send requests to all possible places (the traffic police, the FIU, clinics, etc.) where theoretically the alimony can apply.
Important! With a positive court decision, the mother writes a statement to the FIU on the assignment of children pensions for the loss of the breadwinner. For 2018, it ranges from 2,491 to 8,800 rubles. It all depends on the length of service and deductions of the man.
What punishment awaits the deadbeat
Appointment of a child's pension in the FIU does not entail automatic cancellation of obligations for the debtor father. As an exception, that upon his discovery, he is officially recognized dead.
When the alimony hides, after the court ruling, the following options of “punishment” follow:
- in the presence of an apartment (house) rent it. It is carried out on the basis of a power of attorney to the manager appointed by the court, the proceeds go to cover the state’s expenses for the child;
- forced discharge from the place of registration, without it, a man will not be able to get a lot of documents;
- registration of a divorce (if it was not) without the consent of the father of the child.
The court can issue permission, at the request of the woman, to eliminate the entry in the birth certificate in the column "father" (Article 139 of the IC RF) and allow the adoption of a child by another man. The alimony will not be able to sell, re-register his property, all powers of attorney for other people will be automatically declared invalid. According to his documents, crossing the border will also be impossible; he will be immediately detained at the border control.
If grief-deadbeat showed up
To restore all the documents to a man hiding from alimony, you will need to file a lawsuit and explain the reasons for the absence. Also, FSSP officers, even without the presence of the police, can arrest him and issue alimony for the whole time that the child did not receive money from him.
In court, the appointment of an insurance pension is canceled (Article 44 of the Civil Code of the Russian Federation and Article 280 of the Civil Procedure Code of the Russian Federation).
Given that the allowance from the FIU for children is greater than the father pays, a woman may hide the fact of the appearance of her former spouse and not apply to the FSSP and the court demanding the abolition of state support and the appointment of alimony.
ATTENTION! This is punishable by art. 1102 of the Civil Code of the Russian Federation, where the entire amount received illegally will be exacted from it. Harder punishment under Art. 159.2 of the Criminal Code of the Russian Federation - a criminal case involving the theft of public funds (sometimes on a large scale) and deception of the executive bodies (false testimony).
