What's new in the child support defaulter law? Malicious non-payers will become missing24.05.2022
There are many methods of influencing persons who evade their obligations under alimony. Among them, the recovery of a penalty, bringing to administrative, and then criminal liability.
Among the recent changes in the legislation, it is worth highlighting several key points:
- the minimum payment for alimony has been increased to 15,000 rubles;
- if the alimony payer has a debt of more than 10,000 rubles, his driver’s license may be withdrawn from him;
- if the child is studying at a university, then his parents may be required to pay child support up to 23 years;
- non-payers’ data can be placed in various public places.
But these measures are not always effective, debtors constantly find workarounds, for example, hide their place of residence and income level.
As of the end of 2016, over a thousand alimony debtors have been wanted for 4 years or more.
On March 7, 2018, Vladimir Putin signed a new Federal Law (No. 48-FZ, amending Article 278 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Federal Law “On Enforcement Proceedings”), which makes it possible to declare a deliberately hiding debtor missing . After that, the debtor’s children will be able to receive a survivor’s pension , while the debtors themselves will lose their registration .
What will it look like in practice? For example, there is a person obliged to pay alimony. He hides and ignores the execution of the judgment on payments. The mother of the child has the right to file documents for the payment of alimony, and the bailiff is obliged to take all measures prescribed by law to search for the debtor.
If within a year from the date of receipt of the latest information about the payer, the search did not give positive results, then the bailiff notifies the exactor (recipient of alimony) about this, and the latter gets the right to apply to the court to declare the debtor missing. The amount of accumulated debt does not matter.
After the entry into force of the court decision, the mother of the child can apply to the Pension Fund at the place of her residence in order to assign a survivor’s pension to the child. If the debtor is registered together with the recipient of alimony in the same living space, then it can be removed from the registration register at the place of residence. In addition, if the parents of the child are not divorced, the marriage is dissolved unilaterally through the registry office within one month.
According to all bases, the debtor himself will be listed as missing, respectively, he will not be able to take out a loan and get a job.
Will the innovations help to encourage debtors to fulfill their financial obligations to the child? Time will tell.