How can you file a call for an application for a forfeit for alimony, if so many people do not want to pay them?
If the alimony, awarded for the decisions of the court, is not paid, then for the borzhnik there are different unacceptable inheritances.
First - tse primus vikonnannya of the ship's decision. And also a penalty for non-payment of alimony per hour is charged to the borg. For whom it is necessary to file before the world court an application from the court to the borzhnik about the payment of the penalty.
In these articles:
I will call on the court to pay a penalty for alimony
Where to give poses? Vіdpovіdno up to the dignified legislation of poses about the contraction of alimony can be given both at the address of the vіdpovіdach, and for the place of residence pozivach. Here vibіr lie behind the initiator of the trial.
In this rank, according to the territorial jurisdiction, the right to pay child support for children follows from the fact that it is valid up to part 3 of Art. 29 CPC RF, call about the payment of alimony fines can be presented before the court and for the cost of living.
The provisions of the appointed procedural norm and zastosovuyutsya, and also at times declared positively could pro.
Now a few words to say about those before which the court is brought. Yak Bulo was assigned more, regardless of the amount of forfeit 50 yew. rublіv chi nі, the poses of looking at the court of light.
Contracting a penalty for untimely payment of alimony: documents
Ninі razmіr sanktsiy vіd partіnі alimentіv vіd 0.1% vіd value borgu kozhen day prostochennya payment nezalezhno vіd period.
If the fouling has settled down for a few months, then, according to the skin requirement, you will grow a lot of roses. Signify that the change of sanctions is not allowed.
In order for the mother of the official confirmation of the sum of the fences, it is necessary to take the bailiff to the court's bailiff. Її, at once from a copy of the decision to the court on the payment of alimony, varto add to the call statement.
In addition, we will adjudicate the next raising of the penalty fee.
Schob vіn buv zrozumіli for the court, yogo can be done at the look of the table of such columns:
- Month of strife.
- The amount of swearing.
- Number of days of stitching.
- Rozmir narakhovanoї forfeit.
Narazі іsnuіє spirna situatsіya schodo nebkhіdnosti pay the sovereign mit for the tribute I will call.
From one side, the Tax Code of the Russian Federation does not rob some kind of blame on similar rights. Apparently, weep with derzhmito, the rozmіr of some kind of rozrakhovuєtsya on blatant pedestals.
Prote call a statement about the penalty for non-payment of alimony as a whole can be seen as such, which is fed to the melancholy of a child. Todі legislature transferred pіlgi. That is why it is necessary to voice in the call statement for whom.
The structure of the free call statement
In order to write an application, you can win as a basis for the entries, placements below.
Information about the decision to the court on how to pay alimony is written on the back. Let's ask the one who knows about the solution, but continue not to make the due payments.
After what is the responsibility of following the data about the expansion of the fence and a forfeit.
At the final part, I will call next to ask the court to satisfy the penalty for the period of arrears.
Looming in the hands of the decision to the court, in a song hour you can take a new vykonavchy sheet and hand it over to the court bailiffs.
Forfeit on alimony zrazok declare
As a hromadain does not pay alimony, the legislation transfers a sprat of means for a new one. Before them enter and a penalty, tightened okremo. For whom one develops independent poses.
Sob yogo tax, it is necessary to grow a sprat of speeches.
We should take into account the following, adding an additional note with deciphering the blocking that has accumulated. Give the need for virishity, before which court to submit poses about the contraction of a penalty for alimony.
To ease the task of preparation, declare a lower mark. Yogo is allowed to win over one hundred and one of his own situations.
To the world court 11 dіlnitsі Moscow
street Nagirna, 26, building, 1
Pozivach: Popova Svitlana Sergiivna
Profspilkova street, 15, apartment 8
Vidpovidach: Kuznetsov Oleksandr Dmytrovych
23 Lev Tolstoy Street, apt. ten
I'll call the application
about the penalty for alimony
Price I will call 16 200 rubles
I, Popova S.S., was friends with Kuznetsov O.D. to 06/15/2018 We have a born child - son Kuznetsov Andriy Oleksandrovich, 03/01/2015 to the fate of the people.
To the decisions of the world court on the 11th district of Moscow on the 15th day of 2018 at the right 166/328 my schlub іz vіdpovіdachem – Kuznetsovim O.D. rozirvany letter. At the same time, the court found evidence of 18,000 rubles from the rozmiri. Bulo otrimano vykonavchy sheet, which was transferred from the robot to the bailiffs.
Prote іz serpnya 2018 rock viplati stuck. Ponad those, vidpovidach, having ceased to come out of the bells, wanting to know, they were pursuing yoga for a living.
I turned to the bailiff for an otrimannym dovіdki about rozmіr borg, sho accumulated, for alimony. According to the document, as of September 15, 2019, the amount of billing was 90 thousand rubles.
Vіdpovіdno to st. 115 of the Family Code of the Russian Federation in case of non-conforming goiter, you have to pay alimony, the borzhnik must pay a forfeit. Її rozmir dorivnyuє 0.1% of the sum of the billing fee per skin day of late payment. Vihodyachi s my rozrahunku, scho dodaєtsya to call, the amount of fine sanctions ninі become 16,200 rubles.
On the basis of the presented information and cited art. 115 RF IC
I ask the court
Collect from Kuznetsov Oleksandr Dmitrovich for the punishment of Popova Svitlana Sergievna 16,200 rubles as a penalty for late payment of alimony sentenced by the court.
Addendum before I call:
2) A copy of the wiki page.
3) Appraisal to the body of the Federal Bailiff Service of the review of the fence.
4) Rozrahunok sumi forfeit.
5) I will call the primirnik with programs for giving advice.
Caller: Popova S.S.
For luchennya borzhnik for alimony to additional financial capacity, it is necessary to go to court. At zv'azku z tsim bagatioh tsikavit pіdsudnіst pozovіv about the contraction of a penalty for alimony.
We repeat, we could see the world independently, we can see the judge of the world from the right. It is possible to get around as if for a place of residence, and for the territory of the registration of a call. Viber for the author of the application.
When working over the pose, snarling in porads:
- Finalization of the type of attachments may be possible to decipher the blocking by months. It's easier to pay the fine.
- It is necessary for the applicant to voice his opinion on the fact that the alimony is not paid by the borzhnik svidomo. Yakscho є prove tsogo, fight for strength on them.
- Pіdrakhunki for pennies dotsіlno issue at a seemingly independent program. It is easier to judge in numbers.
Svіtovoy suddі sudoї dіlnitsi №50
Radyansky ship district
m. Samari, Samara region
Addresses: 443117, m. Samara, st. Partizanska, 236
Pozivach: PIB1,
Addresses of residence: ADDRESS1
in the person of the representative for the authorization and warrant
Lawyer Antonov O.P., tel. 8-987-928-31-80
addresses for correspondence: 443080,
Samara, Karl Marx Ave., 192, of. 619
Type: PIB2,
Registration addresses: ADDRESS2
Third person:
Ship's bailiff-vikonavets OSB
Zhovtnevoy district Samari metro UFSSP
Russia in the Samara region
A.A.R.
Addresses: 443099, m. Samara, st. Venzek, b.56
I'LL CALL THE APPLICATION
about the penalty for alimony
November 19, 2002 the court bailiff-Vikonavtsy OSB Zhovtnevogo district of Samara metro station damaged vikonavche provadzhennya No. 61/02/39/63 on the basis of Vikonavchesky sheet No. 2-261/-2 dated 03.10.2002, seen by the Oktyabrsky district from PIB2 on the cortex of PIB1 aliments on the morning daughters in a solid penny sum in the amount of 400 rubles or more basic sums of the minimum amount of payment for the practice.
03/02/2009 worldly judge of the ship's long distance No. 36 m. Samari was confirmed for the sake of the world by Pozivachem and Vidpovidach for the call for a change in the amount of alimony, zgіdno with yakim pay 57.8% of the minimum amount of payment for praci for the morning of the donka PIB3.
Judicial act gaining legal force 13.03.2009 p.
Незважаючи на це, аліменти Позивач у повному обсязі не отримувала, відповідач допускав тривалі прострочення у виплаті аліментів, внаслідок чого Позивача була змушена неодноразово звертатися до відділу судових приставів Жовтневого району УФССП Росії по Самарській області з проханням змусити відповідача виконати рішення суду.
For the period from 01.03.2009 until December 31, 2017 Having paid alimony for the sum of rubles, at the same time, if the sum of the accrued alimony for the same period accumulated rubles.
Zgidno with the decision of the OSB of the Zhovtnevy district of the Samari metropolitan area of the UFSSP in the Samar region folded carbovants.
Dosi Vіdpovіdach continue to wriggle out of paying alimony to the full obsyazі.
Vіdpovіdno up to part 2 of Art. 115 of the Family Code of the Russian Federation in case of confiscating the guilt of an individual, goiter, pay alimony for the decisions of the court, the guilt of a person pays alimony for a penalty from the settlement of one of the other hundreds of dollars on the day of the amount of unpaid skin prosper.
Zgіdno z rozrahunkom pozivacha, the amount of the penalty for fencing zі payment of alimentіv for the period from 08/01/2014 p. until December 31, 2017 inclusive warehouse of rubles (rozrahunok dodaetsya).
Vіdpovіdno to p.p. 2 hours 1 tbsp. 333.36 of the Tax Code of the Russian Federation in the form of payment of a sovereign mit on the right, which are considered in the courts of global jurisdiction, as well as by the justices of the peace, call for calls about the alimony contract.
Oskіlki forfeit - tse sanction, due to non-victors of the main goiter, de main goiter - tse obov'yazok pay alimenti for the greed of the pozyvacha, I ask the court to forgive me for the payment of the sovereign mit.
Z vikladenogo, keruyuchis Art. 115 of the Family Code of the Russian Federation, Art. 333.36 of the Tax Code of the Russian Federation
P O W U S U D:
- Collect from PIB2 for the cost of PIB1 a penalty for late payment of alimony for the morning of daughter PIB3 for the period from 08/01/2014. until December 31, 2017 inclusive at the amount of rubles.
- Zvіlniti Pozivacha vіd splati sovereign mit, zgіdno z p.p. 2 hours 1 tbsp. 333.36 of the Tax Code of the Russian Federation.
Programs:
- A copy of the representative's power of attorney.
- A copy of the certificate of laying the hatch II-IV No. 730127 dated 20.08.2015
- A copy of the declaration of the OSB of the Zhovtnevy district of the metro station Samara issued on 08/07/2013.
- A copy was praised about the hardening of the world land on 03/02/2009.
- A copy was praised about the arrears of charges for alimony from 01.07.2014.
- A copy was praised about the arrears of charges for alimony on 12/31/2017.
- Copy of the wiki page, series 3C No. 077529749
- Investigation of the forfeit of collection fees for alimony for the period from 08/01/2014. until December 31, 2017
Representative of Pozivach for trust ___________________ A.P.Antonov
Obov'yazkom dermal s batkіv є svoєchasna. Uhilyannya vіd tsikh zobov'yazan or prostochennya viplat can lead to the fact that it will be necessary to pay a penalty.
Vidpovidno to batkіv can pay alimony or voluntarily - spiraling to the peaceful path laid down for the sake of the primus order - apparently to the extent that they were established by the court.
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Mustache decision of the father should be able to fix it in favor. It can be polagat in a notarial form. At such a time, it will be equal to the vikonavchy sheet. Vikonannya tsієї please є obov'yazkovym, as for both sides of the tsієї please, so for the service officers, yakі, as one of the parties is sent to them, the right to enter on the submission of the document of the vikonavche provadzhennya.
Well, such a pleasing did not fit, the party, as if watching the child, may have the right to turn around before the court with the slander for alimony. If the payer is unique enough to pay alimony, the applicant can apply for a legal declaration before the court.
Legislation does not specify the maximum term for the extra charge, if a penalty can be charged. Prote at st. 115 of the IC of the Russian Federation it is said that it may be incurred by the borzhnik for the day of non-payment of alimony. This means that the possessor can be brought before the court for filing fines already on the coming day of the scribbled payments.
What is it
Penalties for alimony are called penalties, which are paid through untimely repayment of bills. Such sanctions are imposed with the method of stimulating the borzhnik until the timely payment of finances for the morning child
The penalty is charged for the skin of the day of late payments, and її the penalty will end only once, if the charge is fully repaid. The entire amount of the penalty can be recovered as independently, with the help of a calculator, and you can lose the service of the bailiffs.
The amount of the penalty is 0.5% of the sum of the alimony for leather stitching per day. A lot of payers, afraid of a large amount of forfeit, begin to pay their debts after the first warning about the possibility of a forfeit.
Substitute for narahuvan
The payment of a penalty is respected in a good way to fight with helpless fathers, as a unique way to pay alimony. After a few months of spending money on paying alimony, they will get a large sum of forfeit.
As a basis for the appearance of the possibility of stosuvannya in such a way, it is important to pay attention to:
- the presence was praised by the court, but the peace favors about the contraction of alimony;
- yakscho viplat buv, tsey document can be handed over to the service of ship bailiffs;
- decision to the court about the contraction of the penalty;
- the presence of late payments due to the fault of the payer;
Reasons, through yakі do not go to collect a penalty:
- zatrimannya chi vіdsutnіst viplat zarobіtnoї pay payer;
- the presence of illness in the payer, which is responsible for the withdrawal of income;
- the number of payments due to overarching situations, such as natural disasters and others;
- rebuvannya vykonavchogo document from the posyvacha, that is not a submission to the robotic seller of the payer.
If a good deal has been laid down for the payment of alimony, then the parties themselves have the right to establish how to pay the amount of alimony, so the amount of the penalty, you know, if there are no such payments, it will be won. For the sake of good will, legislation does not confine the reconciliation of vipats, but the stench can rule the wrong sides.
In case of judicial review, the law established a forfeit of 0.5% of the sum of alimony for the skin on the day of zatrimki.
To pay the forfeit of the goiter of the judge's bailiff, who is involved in the payment of alimony. Vіn is to blame for the mother of all vіdomosti about the borzhnik and yoga income. Even if the forfeit was filed, it was crushed with a good eye - the court can ignore it.
If a wage earner and can earn a steady income, then the alimony becomes 25% of the living wage, if the wage earner does not have a regular income, then the amount of alimony is accumulated at least 30% of the subsistence minimum
How to pay a penalty for alimony
The role of the call
In order to put together the correct call, state the best way to know on the Internet and speed it up.
In order to collect a penalty for procrastinating and paying alimony, it is necessary to take court praise. An application for contracting a penalty may be submitted to the court for the cost of living of a barber. Before the new, it is necessary to attach obov'yazkovo to the insurance of the court bailiffs and the assurances with the signet of the forfeit.
The repayment of the days of the scribbled payments starts on the first day of the month, after the fact that the payments have ceased to be received. Once the court praised the contraction of the forfeit, the court's praise should be passed to the bailiff and the accountant of the enterprise, on which the payer works, in order to set the sum of money was reduced from this salary.
The court can rule on the contraction of a penalty, so that the payer can be brought to the conclusion that the delay in payments is not due to blame. Also, you can go to court to reduce the amount of the penalty, arguing for the important material situation, the deterioration of health and other reasons.
In order to get away from the zayvogo trouble and nerve damage, it is necessary to try the food peacefully: to voluntarily pay the penalty and the forfeit.
In order to be convinced of the correctness of the folded call statement, it’s better to turn to fakhivtsya, otherwise the statement is incorrectly folded, it can become a reason for the court to look right.
Judicial practice shows that, due to the obviousness, the right to pay the penalty, the visibility of all the necessary documents, may all the chances of taking the court's acknowledgment.
The principle of rozrahunku
The penalty fee is charged for the help of the following formula:
Amount of forfeit \u003d total payment * days of posting * 0.05%
Representatives of the service of ship's bailiffs may take care of the forfeit. In case of raising the obov'yazkovo, the rozmir of the fence for alimony is insured.
Sudovi arbitrate the responsibility for the insurance of such factors in case of forfeiture:
- income distribution of the payer;
- subsistence minimum for the month, where the borzhnik lives:
- average salary in the country.
The subsistence minimum and the average wage are determined by the state. The amount of the penalty should be settled more easily, as if the alimony was recognized in the exact amount, which is not changed.
The sum of the forfeit is to be deposited more than once, which period must be insured during rozrahunka.
Rules, for which it is necessary to spiratize for an hour of rozrachunkiv:
However, these rules can be blamed:
- If, when examining the court, inquire about the recognition of the payment of alimony, it was established that in the case of repeated calls to the payer, they still did not find the payment, then the alimony can be recognized and stretching the remaining three years until I call.
- As if it’s a favor, then the contraction of strife can be carried out for any term, so that the rules of prescription cannot be stuck in this way.
- As soon as it will be brought to the court that the payer is specially unique in paying, the rule of limitation of calls is also not enforced, and the payment of bills can be charged after the full age of the child.
By the most complicated process in case of contracting a forfeit є razrahunok tsієї forfeit. In cases where the payer does not pay the full amount of payments, but pays a part of the installed alimony, problems may arise when paying the sum of the lines of payment. In such situations, the correct decisions would be to turn to fahivtsya.
If the applicant wants to independently settle the amount of the penalty, then he will need to rely on the following rules:
- Alimenti can be paid, and the amount of the penalty will increase today. For the correct rozrahunka sumi forfeit, borg need to divide into parts, which will be good for the skin month, and rahuvat yogo day, looking at those that borg will get better with the cob of the new month.
- If a borzhnik has paid deak sumi, chi sumi will lower the borg, and chi a penalty. If the skin payment is due, the penalty must be repaid, depending on the їхної congestion, yak є at the time of payment.
Contraction process
Unnecessary expenses are the basis of the penalty. To rozpochati process syaguvannya forfeit, it is necessary to download the filing before the court poses about syaguvannya forfeit. I’ll call the application correctly, it’s necessary to put it together, otherwise you won’t be able to take action.
So, before I call, you will need to attach the sum of the forfeit. Turning to the court bailiffs will significantly ease the process of collecting a penalty: stench can confirm the validity of payments and help to properly pay the penalty.
Before I call, attach the following documents:
- a copy was taken to court about the payment of alimony;
- a copy of the wiki page;
- a copy of the certificate about the nationality of children;
- the order of the service of ship bailiffs about the presence of fences and її rozmіr;
- a copy of the receipt to pay the Sovereign Mit.
The contraction of the penalty, as and the contraction of the fence on alimony, is subject to the rule of prescription. Why is it obvious that the penalty can be pulled down only for the remaining three years before filing a claim before the court. The law allows, in order to pay off the penalty, to take 75% of the payer's monthly income.
There are the following stages of forfeit contraction:
- There is a process of preparation of documents about the fence and the exact amount of the penalty is paid.
- An application for the contraction of a penalty is being prepared, which is supplemented by the necessary documents.
- An application is submitted, the process of the ship's review is being considered.
- An application is submitted before the service of the ship's bailiffs, and it is broken for the better.
The forfeit must be paid according to the obov'yazkovym order, regardless of the method of recognition of alimony, what is worldly favors, what is the ship's decree.
Ship practice
No one can forget that there may be some obov'yazok your own term of prescription. At the time of separation, the side that is deprived of a child is guilty of rescuing that if separation goes through more than three years, then it will be possible to pay child support only for the remaining three years.
In 2019, not all payments transfer the payment of a penalty for alimony. As shown by the court practice, the fact of the settlement of the fence due to the fault of the payer still needs to be brought. If it seems that the holder of alimony does not turn up until the military service, then the fine does not go wrong. In this situation, a positive person may be less likely to pay the fee for alimony.
It is also necessary to protect that the court can reduce the amount of the forfeit, or we’ll ask you to pay in її payment, as if you brought the payer, that the delay in payments was not due to your fault.
For non-payment of alimony, you can suffer from criminal liability, and as a result, you will be given the status of an evil non-payer, you can be arrested and navit to save your father's rights
Reasons for moving
A lot of payers are unique in paying alimentary payments, arguing for various reasons. For a good reason, batkiv, so as not to cry for the children of alimenti, it is the duty of fasting work. Most of the time, the payer has already taken a significant amount of fetching, but he cannot afford to pay a penalty.
In difficult situations, the payer is guilty of going to court with a statement about the reduction of alimony, or we’ll call about them. Vіn is also responsible to bring that from the yogo side it was possible to get all possible entrances and try to vikonate your own needs. Krіm tsgogo, vin is guilty to bring, scho tried not to know any positive naslіdkіv.
A lot of people are pardoned to pay for the penalty by a laborious process. However, if all documents will be stored correctly, the process will be easy to complete.
Term of prescription
The term of recency refers to the period that is established by legislation, from the method of defending the rights of people. Since the statute of limitations has ended, the citizen can no longer be of interest. The law establishes the maximum term of prescription - three years.
The main reasons for skipping the term of limitation are taken into account:
- health camp;
- legal ignorance;
- trivale regeneration;
- overarching situations.
For example, if there are important reasons to miss the term of prescription, you may have the right to update it. Sob tse robiti, it is necessary to apply for a valid declaration, in which case the reasons for the admission to the necessary instances will be indicated.
In order to collect alimony after the end of the statute of limitations, it is necessary to go to court, to renew yoga. Alimenti must be paid after the death before the trial.
Vidpovidalnist
The process of collecting a penalty has the possibility of compensating for damages, as they were recognized for the validity of alimony. When submitting an application for a contraction of a penalty from an appointment for compensation for a hit, the applicant is responsible to prove that these hits were small.
Pozivachu will need to give proof of payment of payments, contributions for rahunok koshtіv, yakі otrimuvalis from the method of utrimannya children, and through those who made such payments were daily, you had to pay them independently.
At one time, the payer can be brought to the conclusion that the delay in alimony payments was not due to yogo blame, but they were objectively responsible for the delay in payments.
Such reasons could be:
- raptove health improvement of the payer;
- through the day of work, the payer of disturbances to drink at an unpaid admission;
- hard material camp, as can be buti obov'yazkovo confirmed by documents.
In case of violations, if the penalty for alimony was recognized by the court, it became a part of the fence for alimony, and the feebleness in paying alimony, that penalty can be brought to administrative responsibility and brought to ruin
APPLICATIONS AND INQUIRIES ARE ACCEPTED ON A QUOTE AND WITHOUT HOLIDAYS.
Contracting forfeit for alimony- the right of the mother (mainly the greater number of waivers) to take compensation and immediately - punish the father of the child for those who allowed the child to be scribbled at the payment of aliment. Abo vzagalі їх without paying the same period.
The alimony penalty was transferred to Article 115 of the Family Code. Previously, there was a change of 0.1% per day, but on 03.07.2008 the law was changed, the legislator raised it to 0.5% per day, and the interest of mothers in those who feed on the same day will be changed. But the worst time has come for the 2012 fate, if the Supreme Court, having put a spot on the buggy super-boxes and wiping the ship's practice, having established that it is not possible to change the penalty for alimony. The axis of the last won and became a terrible load in the hands of mothers.
Who will collect the penalty - is the court bailiff?
Once the vykonavchiy list (inodі - the court's order) from the mother's alimony was taken away and handed over to the bailiff - she won't care that the bailiff and may charge a penalty. "I'm alimony through the court pulled."
We don't really call it that.
Vykonavchiy sheet was seen by the world judge about alimony contraction(itself so), and not about the contraction of a penalty for alimony. All the same, different speeches, the stink of different legal nature. Alimenti - tse main goiter, penalty - tse punishment, fine, peace of responsibility. Rіznі statі vіdpovіdno law.
The conclusion is correct: even though the alimony was earlier drawn up through the court, but for the penalty of the mother’s forfeit, all one is guilty of filing before the court. Call yourself, call a statement (and not a statement about the execution of the mandate).
When you submit the requirement (and not to the district court of the Czech Republic). Bagato (among that number of lawyers) stray with whom. It’s embarrassing to induce the fact that the law (Article 23 of the CPC of the Russian Federation) svіtovі judiciary look at the civilians can only manage up to 50,000 rubles, the price of the call is not guilty of overseeing the rubіzh. And the alimony penalty is more than 50 thousand rubles, it’s practically necessary, most of the time it’s over .
Ale, the alimony forfeit, how to converge, judge on the thoughts, may be an accessory (mutually independent and mutually viable) character, depending on the share of the main goiter (aliment), that may be looked at in the same place, where the alimony was drawn, then at the court of light.
Territoriality is holding.
It is acceptable that the mother of the child and the її father live in different places. Such a situation occurs frequently, in a different type of skin. Kіlka rokіv that stench parted and rose.
I post a law of power: to which particular magistrate should apply for a penalty - at one's own place of living, chi for a month of living?
For this food, there was a time of turmoil and chaos, some judges brought the father to the point of retaliation, keruyuchisya zagalnymi rules of jurisdiction (Article 28 CPC of Ukraine). Evidently, call them mothers they didn’t accept, they ruled them to give away distant lands, call them turned meager.
Other courts, respecting that the alimony and the forfeit of mutual debts, accepted and looked at the mother’s litter, querying at their own court on the choice of a call (part 3 of article 29 of the CPC of the Russian Federation).
In the rest of the hour, the food chain was more or less settled, the judge of the greater one became on the mother's side and began to accept the call to their place of residence. Another thought now prevails.
From which one you sing out the answer and for food about dermit. Call for the contraction of the main alimony, they will not cry. As a reminder, they began to collect a penalty without a dermit.
Who to rob rozrahunok sumi forfeit?
The idea is broadened that the arrears of the alimony forfeit are to blame for the bailiff. Aje tse in the new one is known as Vikonavche provadzhennya. This idea is supported by this fact, that the rozrahunok of the main borg for unpaid alimony to rob the bailiff - to blame the rozrakhunok of borgovannosti. I mothers for analogy vvazha, that the bailiff can razrahuvat everything, bring the sum of the penalty. Moreover, I felt such a thought once in the mind of the justice of the peace, really, in some unreasonable-gambling context, if you presented one rosrahunok in a positive way, the other one, and the judge said: “ And let's get the bailiff to doruchivoly razrahuvat ...". I handed over.
Ale, the conclusion is correct - the penalty fee may be paid positively.
The bailiff vvazhat forfeit no goitre and will not be (to bring the judges in charge of the stench in the same weather they saw the stench in the rozrahunka). The bailiff works less at the borders of the vikonavchogo document, and to this document there is no single word about the contraction of the penalty.
Rozrahunok sumi buvaє can also be folded arithmetically. The number of days is great, unreasonably, to work with the sums actually paid by the father - count them out, more so, so the stench may have a chaotic character, so you can save them from the redemption of the main borg chi, and if you want to save them - then for a month, sum, The penalty rate was changed, and so on.
It's really complicated. Tell a lawyer, don’t seem to be talking about a woman, like a pratsyuє, for example, a girl in the countryside.
Ale, you need it, you can’t go anywhere. Tse is direct to the law (Article 132 of the CPC of the Russian Federation), such a vimaga, that the rozrahunok may have donations before I call, and it was signed by a positive person. If there is no rozrahunka, judging by the poses, I may have the right to take it without a hitch, and then turn around.
How can you not fold the roses yourself - Vіn razrahuє in your name. Good, scho vitrati on a lawyer, the court styaguє z vіdpodovіdach.
Rozrakhovuvati obsyag alіmentnoї forfeit required incremental result.
Whose plan is the devil's rozbіzhnosti. Clause 4 of Article 113 of the IC of the Russian Federation to talk about those who need to pay the child support bill at the time of contraction. And by analogy, a lot of mothers are forced to zastosuvat tsey and here, with the demand for a penalty. Movlyav, period є - 5 years, tobto 1826 days, the bailiff's sum was insured by the bailiff - 300,000 rubles, multiplying all i by 0.5%, i all.
Ale, such a pidkhid є unvirnim.
The first month of stitching at the payment of alimony from the borzhnik comes out one sum of fouling, the next month - already more, the third - even more, thinner.
With whom you need to be insured, scho alimenti is charged every day, and the penalty is for a leather day. The stitching of alimony for a specific month begins the tekti from the first day of the coming month - the axis of the first day and the need to pay. Sometimes you can pay a penalty in Excel by setting the formula for a penalty, it’s so simple.
Skladnoshchi also call out rіdkіsnі, but actually zdіysnenі pay alimentіv dad. For example, if you have paid 200 - 300 rubles for a short period of time - what is with the sums when you pay the forfeit for rent? For which month do you see and where to address - a change in the main borg or a change in the penalty?
It is necessary to change the main borg. 200 rubles in alimony paid by the father of this month, we will pay the main bill for the amount of money, and from the coming month we will continue to collect a penalty for the improvement of these 200 rubles.
What can the court reduce the amount of the penalty through non-compliance?
Previously, it was blocked by the courts. On the right, in what Article 333 of the Civil Code does not allow - in civil law. And the judges zastosovuvali tsyu article in alimony - talking, you, like a positive, read the penalty of the second million, but it’s too rich, I vvagato, the axis to you is 150,000 rubles. The sum of the forfeit was paid absolutely fairly, as if by hand in a hat, turning and pulling out a vicious phantom with the required number.
Ale, the Supreme Court in 2012 looked around at the civil rights (food 3) chopping off the mustache and praise that it is impossible to change the civil law and family legislation. The very civility allows for a reduction in the penalty for civil contracts, but the current legislation does not allow such a reduction, and even so, it is not possible.
The confusion at whom the food was pinned, and the world's judges began to collect a penalty for the stitching of alimony for the new program. Skіlki є at the rozrakhunka - stiltki and will be at the cherry. I at the vikonavchy arkush.
What is the fault of the father at the settlement of the forfeit?
Article 115 of the UK, which describes the forfeit, stverzhuє that the contraction can be less for the obviousness of the blame. It’s practical for the judge to talk about those that I’m not guilty, that I couldn’t have power over the work, that my mother is disabled in me, I stimuyu, that іn.
Ale gromadyanske legislation (for example, article 401 of the Central Committee) for whom nutrition is necessary. Bozhnik can live in all the visits to see his goiter. Only real force majeure can be vibachiti. And the real force majeure - tse viyna, spontaneously famously, acts to the authority of the state. How much of what was rehabilitated in your mind was bulo? Ni. There is no document about the same. And the axis of chi all you come in, like a borzhnik got used? Could they take over a job? Could. Chi did not dominate? Chi did not dominate. Otzhe, not all come to live. Otzhe, the guilt is established by the court.
Especially since I looked around the Supreme Court for this reason, having stood up firmly, I was remorseful for the fact that the father was accused of sanctioning the forfeit.
Vіdpovіdno to the norms of the RF IC, skin from father's goiters to take part in the financial loss of children. As if friendship is separated or pripinya spilne residing, the party, with which the child is deprived, may have the right to demand alimony in the order of the mandated chi of the calling. In case of three-time arrears, the debtor can pay a penalty for alimony. Until June 29, 2018, її rozmir added 0.5% of the total cost, but after the Federal Law entered into force on July 29, 2018 No. 224-FZ, the value changed to legal force.
Legislation
Appointment of alimony to be carried out in dekilkom ways: for the sake of the parties, at the order of the call, or for additional clearance. Nezalezhno vіd tsogo, like the stench is installed, the alimentary of goiter and yazaniya in his own time to overhaul the bones.
In order to deal with the payment of the forfeit in more detail, it is necessary to know the nuances of how the payment is recognized:
- Even if there are too many friends to do the favor, it can be notarized. At the document, it is indicated, if, for some reason, the payer repaid pennies for the morning of the child. Also, we can agree on a clause about the payment of alimony for the occasional payment of alimony. It’s impossible to do yoga, otherwise it’s not transferred to the front, it’s practically impossible to collect a penalty.
- prioritized for significance up to . These documents can be submitted to the accountant for the work of the payer, and pennies will be removed from the salary automatically by the accountant, this is not necessary. Yakshcho zaborgovanіst hid from the blame of the accountant to the bank, the payer was carrying for the price of vodpovidalnist and contracting the new forfeit not to go.
Important! Vidpovidno up to Article 115 of the IC of the Russian Federation, in case of confiscating the wine, the person of the goiter was liable to pay a penalty, as an obsession, such a law was declared in court. Yakshcho borg pretending to be the blame of the accountant, the cats are drawn from the new chi undertaking for the place of the work of the alimentary obov'yazanogo - here everything is to lay down the furnishing right.
According to the norms of the IC of the Russian Federation, the most important thing is the amount of rozrahunka and the specifics of claiming for alimony and penalties:
|
Explanation |
|
| It is possible to return for confessions of alimony before the court at any time, the cost of money will be tightened only for a triary period, before I call | |
| Kerіvnik or an accountant of an organization, in a way of pracevlashtovaniya alimentopayer, goiter and yazanі utrimuvat alіmenti at the presentation of a contracting letter or please please. Pennies are repaid no later than a three-day term from the moment of earning wages randomly | |
| As a matter of convenience, the payment of alimony was transferred to the increase over 50% of the income, the accountant can spend the morning, regardless of the condition of the payment on the basis of the payment on the basis of the letter | |
| Yakshcho payer change the place of work and living, vin goiter and tell about the bailiff at tridenny term | |
| A bunch of alimony is collected from the salary. Even if it’s not enough for the official income for a day, you can be tied up at the bank account, at the extreme fall - at the mine of the borzhnik |
Rows of punishment for alimony and payment of a penalty
As it was said earlier, it is possible to fight for alimony, if it’s independent from the age of a child, as before, it wasn’t pleasing to my friends. But here there is a nuance - the pennies will be tied up for the remaining three years. For example, as a young man of 16 years old and earlier, the father did not take part in his morning, mothers can take finance only for the period from 13 to 16 years.
If there is a penalty, then the term of prescription cannot be interchanged, and you can be greedy in any period, but no more than three times less.
Appointment of rozmіru alimentіv
Rozmir of alimentary payments plays a significant role, because the very same penalty is calculated.
There are two possible options here:
- Appointment of alimony for hundreds of salaries. For one child, 25% is paid, for two - 33%, for three or more - 50%. If the payer is not working, the pennies will be spent from help for self-employment or pensions. For the number of days, whether there are any types of official income, payments are assigned to .
- Alimenti at the fixed rose. Їx recognition to go through, as alimentoobov'yazkovy otrimu salary in foreign currency, otherwise it is not possible to establish an average income. Rozmir is signified by the improvement of the material and the mine side. Also, the value of the number of installations in the region is the subsistence minimum for children.
How to pay for alimony in parts of income on a practical basis:
The payer takes 50,000 rubles. shomіsyatsya, vіn mає nepovnolіtnіy syn. Shomіsyatsya squad otrimuvatime for morning children such a sum:
50,000 x 25% = 12,500 rubles.
50,000 - 12,500 = 37,500 rubles zalishaetsya alimentozobov'yazanim on hand.
It is necessary to collect a penalty, for example, for 180 calendar days, to be carried out in the following order:
12500 x 6 (months) = 75,000 rubles - Zagalna sum zagovannostі.
75000 x 0.1% \u003d 75 rubles. - Forfeit for one day.
75 x 180 = 13500 rubles. - Penalty for the entire period.
75000 + 13500 = 88500 rubles - At once to pererahuvannya at once with a penalty.
Yakby, the father had two children and a borg for 6 months, the amount of payments was calculated as follows:
50,000 x 33% = 16,500 rubles, tobto. leather baby for 8250 rubles. A lot of people do not play a role - the amount is less than installed.
16500 x 6 \u003d 99,000 rubles.
99000 x 0.1% = 99 rubles. - Penalty for one day of stitching.
99 x 180 = 17820 - penalty for the full period.
For the presence of three children, the amount of alimony is 25,000 rubles.
If you talk about the establishment of alimony for hard penny sums and the penalty for them, then everything will go like this:
For 2018, the subsistence minimum in Moscow will be 13,159 rubles per child. Batko is an indestructible income, to that yogo goiter they were crying out the bones of a fixed rose. For pіvroku behind him, the borg accumulated, which will be repaid like this:
13159 x 6 = 78954 rubles. - the sum of the borg is less for alimony.
78954 x 0.1% \u003d 78.95 rubles. - Forfeit for one day.
78.95 x 180 \u003d 14211 - the amount of the penalty for the entire period.
78954 + 14211 = 93165 rubles - Together until you pay.
How to pay a penalty for alimony
Until April 29, 2018, the amount of the penalty amounted to 0.5% of the total amount of the bill. This caused the sanctification of the majestic borgs behind the payers, and in some cases they rose in a few millions, and the penalty itself - 182.5% of the rivers.
At the link with the elocution, the Derzhduma praised the Federal Law of July 29, 2018 No. 115 of the RF IC, changes were made, and now the amount of contraction is becoming 0,1% like sumi borg.
Let's take a look at a practical application, how to carry out a rally:
example 1. Alimenti at vіdsotkah vіd salary.
The person will take 30,000 rubles. shomіsyatsya, otzhe, morning one child to pay 7,500 krb. Vіn not repaid alimony for six months (180 days).
7500 x 6 = 45,000 rubles. - Zagalny rozmir borgovannosti.
45,000 x 0.1% = 45 rubles. per day of stitching.
180 x 45 \u003d 8 100 - the amount of the penalty for a stretch period.
Yakbi calculation was carried out according to the old norms, the alimony had to pay the following amount:
8100 x 0.5% = 225 rubles.
225 x 180 = 40500 rubles. - Together until you pay.
butt 2. Alimenti at the fixed rose.
Alimentary recognized 13,500 rubles. before pererahuvannya on a child. Behind him, the borg of the rest of the river hid, tobto. 365 calendar days.
13500 x 12 \u003d 162,000 rubles. - the amount of fussiness.
162,000 x 0.1% = 162 rubles. - Penalty for one day of stitching.
162 x 365 = 59130 rubles. – sub-bag rozmіr forfeit.
59130 + 162000 = 221130 rubles - At once to pay at once with a penalty.
Until June 29, 2018, the rally was carried out according to the old parameters and looking for similar minds like this:
13500 x 12 \u003d 162,000 rubles. - Rozmir main borg.
162,000 x 0.5% = 810 rubles. - Congestion in one day.
810 x 365 = 295650 rubles. - Penalty for 1 river.
295650 + 162000 = 457650 rubles - At once to pay at once forfeit.
How to pull a penalty
It is important to ensure that the court bailiff does not include a forfeit before the bailiff’s bindings, so that the styaguvach can do everything independently.
To covet a fine, it is necessary to vikonate like this:
- Vіdvіdati FSSP and the bailiff's dues, which is later on, a statement about the execution of the decision about the rozrahunok borg.
- Independently pay the forfeit and file a call for a statement about the contraction of the fence to the magistrate's court for a place of residence pozivacha chi vіdpovіdacha.
- Take part in the court session and take a decision with a quotation sheet, where the residual amount of the penalty for contracting will be indicated.
Nadalі vykonavchy sheet that decision is given by the bailiff, and for the payman there will be not only the main borg, but also a fine for him.
The statement about the vidach was praised about the rozrahunok
Before the trial, before the court, it is necessary to file a bailiff with a statement about the rozrahunok to the borg, as it is guilty to include the following information:
- I called the FSSP pilot.
- Posada and P.I.B. bailiff-vikonavtsya, which is on the right.
- P.I.B. the address of registration of the syaguvacha.
- The number and date of the confirmation of the call business, from which food was indicated.
- P.I.B. that river of the people is a child, for which aliments are drawn.
- From what date the payer ceased to redeem koshti.
- Prokhannya about the vidachu was praised about the rozrahunok zaborgovanostі on the pedestal st. 102 FZ as of 02.10.2007 No. 229-FZ.
- Folding date, signature, name and initials.
The document can be folded in a hand-written way to a simple written look. As there is no possibility to come to the office of the FSSP, it is allowed to be issued by the Post of the Russian Federation with a recommended sheet of information.
Compiling a statement about the contraction of a penalty
There is no unified form of the call statement, however, there may be evidence of the provisions of Art. 131 and 132 of the CPC of the Russian Federation and similar data:
- Name the address to the court.
- П.І.Б., telephone number and address of the registration of the contact.
- P.I.B. that place of residence permit vіdpovidach.
- The headline is “A call for a claim for a forfeit (P.I.B. forfeiture) for delayed payments for alimony.”
- The main part: on the basis of the evidence, the alimony was recognized, information about the decision of the court (number and date), the method of contracting (a firm sum or in part of the income), the month, from which beginning the stitching was approved.
- Detailed account of the forfeit, vikonanie independently.
- Vimogi: to contract a forfeit z vіdpovіdach and zvіlniti pozivacha vіd sovereign mit.
- Description of documents to be added.
- Date of filing and signature of the applicant.
Calls are recommended to be brought especially before the court and the secretaries. Since there is no such possibility, you can send it with a recommended sheet from the notification about delivery. For a year, they tell about the results of looking at the call by phone at the sight of the SMS, and the date of the court hearing is also recognized there.
Documents
At the same time, when summoning to the court, it is necessary to submit a copy of the passport of the caller, a certificate of the birth of the child, a letter of birth, or a decision to the court, as well as a praise of the contraction of the fence, taken earlier from the bailiff.
Important! Borg will be pulled together for a mind, scho vanishing, do not blame the payer. For example, in a moment of raptovo fall ill, or he himself demanded finances for the recovery of a close relative, mother of an important material position and other important reasons, through a court of law, you can ask for a penalty.
Contracting forfeit for alimony for the declaration of an obsession with the competence of judges. Vimagati Koshti independently surrender less at that moment, like a payer voluntarily pogozhuєєєєєєєї їх pereakhuvati. As a matter of fact, there are differences between the parties, the stinks are violated in the order of the calling, and if the decision is made, the parties are insured against the right to the material camp of the parties.