A statement on calculation of arrears of child support: sample. Statement on the recovery of accumulated arrears of maintenance for the minor child

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2018-03-18 14:35:59

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Alimony obligations in Russia is fulfilled not always and not entirely fair. Some moms for a long time waiting for their ex-spouses to comply with court decisions and peace agreements. But, as practice shows, fair payment of alimony in Russia is an extremely rare event. Today we will try to understand how to write the application on calculation of arrears of child support. A sample of this document will be presented to you later. In addition, we will learn overall procedure of debt collection on alimony for minors. That need to be considered in such circumstances?
statement of calculation of arrears of child support sample

Who is eligible?

The first look into who can be a Complainant in the studied issue. To recover the arrears of alimony are the following persons:

  • The parent with whom the child lives;
  • Guardians or adoptive parents;
  • Guardianship.

Any legal representative who takes care of the minor, is able to bring the idea to life. Often applicants become the mother of the kids. But under certain circumstances, have already raised a child can claim child support debt.

How much can you recover?

Some of us are wondering for what period of time it is possible to demand the alimony. A statement on calculation of arrears of child support (a sample of it submitted for our consideration below) is supplied to the appropriate authority depending on the situation. The timing of appeals and compensation for the debt vary.

There can be the following options:

  1. Court decisions no, the man did not pay child support voluntarily. The debt shall be collected only for the last 36 months from the date of execution of the request.
  2. Was the voluntary payment of child support without the court and of the peace agreements. Collect money for those periods when remittances were not. For example, over the past few months.
  3. Had a judicial decision or formal agreement. Collected arrears for the whole period of delay - at least 2 months, at least 18 years.

UFSSP of Russia

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Where to go

Where to apply on calculation of arrears of child support? This question bothers many citizens. It is always important to understand where will help to solve the problem.

If there was a court decision, we first have to go to UFSSP Russia. There is help in the calculation of the debt and issue a certificate, which shall include information about the debt.

Further (or if the judgment was not in principle) will need to contact the magistrate's court. This should come a statement about the recovery of the debt.

Data statement

And what information should be in both of the aforementioned documents? Application to the bailiff on the calculation of arrears of child support, and debt collection, to write not so difficult. Especially if you know what data necessarily contain treatment.

statement by the bailiff on the calculation of arrears of child support

They usually indicate:

  • Name UFSSP of Russia/the court;
  • The personal information of the applicant (surname, name, patronymic, address);
  • Contact;
  • Information about the payer of the alimony;
  • Document title;
  • Information about the enforcement proceedings if it is;
  • Information about the latest receipts of child support;
  • The period in which funds are not transferred;
  • Request for the calculation of the debt/recovery from the defaulter;
  • The list of documents attached to the application;
  • The filing date of the request;
  • The signature of the applicant.

It is recommended that information about minor children who are eligible for funds in the form of alimony. Nothing difficult or obscure!

About the structure

Maintenance for the minor child shall be required, as a rule, in the divorce. How to write a statement about the collection and calculation of debt?

With the main information reflected in the document we met. What can you say about the structure of the securities?

The Claim about the payment arrears of alimony and the recovery of the relevant amounts has a clear shape. More precisely, structure. It is recommended to avoid unnecessary problems with the adoption of the queries.

the existence of arrears of child support

So, the request for the recovery of accumulated arrears of child support should consist of:

  1. The"Cap". It is written in the upper right corner of the page and contains information about the court and the applicant.
  2. Names. Write in the center of the sheet with a new line after the "cap". Starts with the word "Statement".
  3. Clarification. This is a continuation of the name. Written just below in small letters. For example, "...for the recovery of arrears of child support".
  4. Main part. It is common to write the main idea and request when submitting a request.
  5. The list of attached securities. It should be numbered.
  6. Conclusion. This part is written the country of application and signature of the applicant.

I think that is all that will be required to memorize the citizen. A sample application for calculating child support, the proposed attention, consists of such components.

Form submission

Interested in Some form of submission of the study paper. Here everything is simple - normally the application is submitted in writing. It can be filled either on the computer or by hand. Nothing difficult or obscure.

Oral treatment in the studied situation does not take place. But you can contact the previously mentioned services by e-mail. Electronic statements so far do not enjoy special demand from the population.

For the rest, no special requirements and standards for the drafting of claims, no. They are written in free format with the features of office.

Terms of consideration

I Figured out how to make a statement about the payment arrears of alimony. How much time the corresponding request will be considered?

By law to reply within 30 days. To refuse acceptance of the request can not. It's prohibited by Russian legislation. The claim for alimony is also considered not more than a month. But, as a rule, a decision is then made faster.

maintenance for the minor child

Documents

The Presence of arrears of child support can be obtained from the bailiff or through their website. What documents will be useful for the submission of claims? Some papers appeal has no place.

Most Often requires from the citizens:

  • Claim;
  • The applicant's passport;
  • Birth certificates of all minor children;
  • Help from the bailiffs (if any);
  • Documentation of income;
  • Marriage certificate or its dissolution;
  • Extract from the house register;
  • The court decision/agreement on payment of alimony;
  • Evidence that the defendant did not pay (e.g. Bank statement).

It is Desirable to attach all these papers, together with copies of them. Income can be replaced by any other evidence of the profits of the parties. For example, a statement from the employer of the defendant. If no information about where the payer of the alimony, it is enough to bring a certificate about submitting a request to clarify the situation.

After the trial

Assume that the statement about the calculation of arrears of child support (a sample of his presents) was filed. The bailiffs had issued a certificate, and legal representative of the child asked the court to recover funds for the maintenance of minors. What's next?

As soon As the applicant will be something or other court decision, it will need to use. The plaintiff will issue:

  • Copy of court decision;
  • The writ of execution;
  • Excerpt from the court order.

With these papers you will come to the bailiff at the place of residence of the payer. More remains to be seen. It is possible to apply to the bailiff at the place of work. No more action from the plaintiff is not required. The bailiffs themselves will compulsory collecting of the alimony from defaulters.

Penalty

Should pay attention to the fact that the citizen's debts on child support brings a lot of trouble. The thing is that in this situation the minor's legal representative may apply to the court for the recovery of a penalty. It is compensation for delay, which shall be made available to the applicant.

The penalty is usually calculated at the rate of 0.5% penalty for each day of delay. The exact payment is usually voiced by bailiffs. Independently calculate the penalty not recommended. Because the risks of making mistakes are high. This can lead to the fact that the claim does not satisfy.

for the recovery of arrears of alimony

The rest of the principles of application remain the same. It is actually much easier than it seems. Especially if you follow the tips and advice.

Consequences debt

What can cause the arrears of child support? In Russia, this is a violation of trying to fight all the forces. And so the consequences can cause a lot of trouble to the population.

In Russia for failure to pay child support:

  • Limiting the movement of the debtor is prohibited from traveling abroad;
  • ...

Article in other languages:

AR: https://tostpost.com/ar/the-law/12827-a-statement-on-calculation-of-arrears-of-child-support-sample-statemen.html

BE: https://tostpost.com/be/zakon/22979-zayavu-ab-razl-ku-zapazychanasc-pa-al-mentah-zor-zayavu-ab-spagnann-na.html

DE: https://tostpost.com/de/das-gesetz/22985-erkl-rung-ber-die-berechnung-der-schulden-f-r-die-kindergeld-probe-erk.html

ES: https://tostpost.com/es/la-ley/22997-la-declaraci-n-sobre-el-c-lculo-de-los-atrasos-de-manutenci-n-el-ejemp.html

HI: https://tostpost.com/hi/the-law/12840-a-statement-on-calculation-of-arrears-of-child-support-sample-statemen.html

JA: https://tostpost.com/ja/the-law/12849-a-statement-on-calculation-of-arrears-of-child-support-sample-statemen.html

KK: https://tostpost.com/kk/za/22965-t-n-sh-eseb-turaly-aliment-boyynsha-bereshekt-lg-s-nd-ru-turaly-aryz-n.html

PL: https://tostpost.com/pl/prawo/22927-o-wiadczenie-o-rozliczeniu-zaleg-ych-aliment-w-pr-bki-wniosek-o-wyp-ac.html

PT: https://tostpost.com/pt/a-lei/22926-declara-o-sobre-o-c-lculo-do-d-bito-de-pens-o-a-amostra-declara-o-sobr.html

TR: https://tostpost.com/tr/hukuk/22976-bildirimi-hesaplama-bor-alimentam-rnek-a-klamada-kurtarma-birikmi-bor-.html

UK: https://tostpost.com/uk/zakon/22955-zayava-pro-rozrahunok-zaborgovanost-po-al-mentah-zrazok-zayava-pro-sty.html

ZH: https://tostpost.com/zh/the-law/13585-a-statement-on-calculation-of-arrears-of-child-support-sample-statemen.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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