Types of liability for evasion of alimony payments

According to FSSP statistics for the first half of 2021, about 1.2 million judicial acts on the collection of alimony were being executed by the FSSP. In approximately half of all these cases, alimony providers are in arrears. Of course, not all of them are malicious non-payers of alimony, but there are also plenty of them, and many of them are far from poor people. Therefore, the state provides for enforcement measures that are used in extreme cases. Let's figure out what alimony debt can lead to imprisonment and when you should be wary.

How to go to jail for alimony: conditions for establishing such a punishment

The impending prison sentence acts as a catalyst for the negligent parent.
Not every debtor can be imprisoned for failure to pay alimony, since life is unpredictable, and a person can lose his job at any moment. Therefore, judges consider each case in connection with the individual circumstances under which they may be imprisoned for unpaid alimony. According to Article 157 The Criminal Code of Russia allows a persistent offender to be imprisoned for alimony if his behavior confirms the signs of a crime. The question arises: can they be imprisoned for failure to pay child support? A malicious evader who should be given a prison sentence for failure to pay alimony is considered to be a person who commits the following actions:

• non-payment of money for more than 4 months;
• change of place of registration;
• concealment of income;
• being wanted due to non-payment;
• reluctance to look for work;
• formation of significant alimony debt.

Amount of alimony

Evasion of paying child support is considered not only a complete lack of cash receipts, but also the transfer of an insufficient amount. Therefore, the legal representative of a minor (one of the parents or a guardian) must know what his ward has the right to expect.

According to Art. 81 of the RF IC, the amount of alimony should not be less than:

• 1/4 of the payer’s income* if the funds are withheld for one child;
• 1/3 - for two;
• 1/2 - for three or more.

* - the calculation takes into account wages, pensions, benefits, income from business activities, sales and/or rental of personal property, etc., except for survivor pensions and amounts of one-time financial assistance paid from the federal budget.

The amount of alimony can be determined individually and paid monthly in a strictly fixed amount if the payer’s income is not stable or its actual amount is difficult to calculate.

Concealment of income, change of registration - can they be sent to prison for alimony in these cases?

The case of concealing income is not the only one in our country. Can they be jailed for failure to pay child support? More than half of the male population in Russia receives wages “in envelopes,” which is an offense.

Those debtors who want to hide from bailiffs sin by changing their place of registration. Will there be a prison sentence for failure to pay child support in this case? Finding a person wanted for non-payment of alimony is one of the signs of a malicious offense. The reluctance to look for work becomes the fact that a person deregisters himself from the Social Employment Center. The reasons for this action can be different: working conditions are unsuitable, low wages, lack of prospects for further growth.

Who else is entitled to alimony?

In accordance with Section V of the Family Code of the Russian Federation, you can also be held accountable for non-payment of alimony:

1. Parents of an adult disabled child.
2. A spouse or former spouse, if the recipient of alimony is caring for a common disabled child or a child under three years of age.
3. A spouse or former spouse, in case of loss of ability to work during marriage or within a year after its dissolution, or after retirement, if this occurred no later than five years after the divorce and the couple was married for a long time.
4. Able-bodied child of needy parents of disabled people or pensioners.
5. The husband (including the former) of a pregnant woman.
6. Able-bodied and financially secure brothers and sisters of a minor child or a disabled, needy adult citizen, if he cannot receive help from his parents, children or spouse.

Measures to suppress malicious evasion of the maintenance of a relative in the listed cases should be based on a court decision to collect alimony.

Counteractions to repay alimony debt

In case of prolonged evasion of the alimony payer from fulfilling his duties, a significant debt arises. Can a court impose a prison sentence for failure to pay child support? This depends on the length of the non-payment period. According to Art. 157 of the Criminal Code of Russia, the period allowing a similar preventive measure to be applied to a debtor, under which it is possible to be imprisoned for alimony, becomes 3 months.

Many malicious debtors, in order not to be imprisoned for alimony, buy toys, food and wardrobe items for their child. Judicial workers cannot imprison fathers who have taken the path of reform. Judges can imprison you for non-payment of alimony if the moment of non-payment of alimony is notarized and appears several times in the court case. The plaintiffs have a question: can they be sent to prison for failure to pay alimony for the maintenance of an heir on time? This issue, which concerns the period of non-payment, is regulated by the administrative-legal method in the form of charging a penalty.

Grounds for collecting alimony

Alimony obligations often become relevant after a divorce, when ex-spouses separate and one of them relieves himself of responsibility for maintaining their common minor children. Then a parent who consciously fulfills his duty (for example, the mother with whom the child remains) can try to come to an agreement with his spouse or apply for the collection of alimony through the court.

The contents of the agreement are agreed upon by the parties in advance, drawn up in duplicate and certified by a notary. In its legal force, it is not inferior to a court order issued in response to an application for alimony.

Both of these documents are grounds for withholding funds from the payer and a reason for holding him accountable in case of violation of these regulations.

Cases of punishment of a defaulter under Article 157 of the Criminal Code of the Russian Federation

Cases of punishment of alimony defaulters in the form of imprisonment have occurred in judicial practice. Art. 157 of the Criminal Code of Russia provides for such types of punishment as:

• performing corrective labor for a period of up to 1 year;
• imprisonment for up to 3 months;
• imprisonment for up to 1 year.

In 2021, a person who evades payment of alimony benefits for a long time, up to 12 months, may be sent to prison if the legislation does not change. A judge can put a debtor in prison for a period of up to 3 months for alimony, based on an analysis of the individual circumstances of the defendant’s life. Having a criminal record for non-payment of alimony carries with it a number of unpleasant consequences, such as:

• signing a decree not to leave the country;
• limited ability to travel within one country;
• prohibition from holding leadership positions.

You can be jailed for child support not only for a person who has children, but also for refusing to support elderly parents.

Regulatory framework

The procedure for bringing a debtor to criminal liability

The procedure for bringing a debtor to criminal liability begins from the moment the defendant is brought to pay alimony. A document regulating the payment of alimony, drawn up on a voluntary basis and certified by a notary, acquires the force of a writ of execution submitted to the bailiff service for the purpose of collecting alimony. A lawsuit for child support that is granted by the court ultimately results in the issuance of a writ of execution to the plaintiff.

The plaintiff shows the writ of execution to the employer, who withholds the required amount from wages in favor of supporting the children. The document is also submitted to the bailiff service, which initiates enforcement proceedings. In certain cases, the debtor's account is seized and he may be given a prison sentence for failure to pay alimony.

If the debtor continues to evade the payment of alimony, according to the articles of the Code of Administrative Offenses of the Russian Federation, a fine of several thousand rubles is assessed. A court ruling deciding the case in favor of paying a fine can become significant evidence in bringing the debtor to criminal liability, who may be imprisoned. It became possible to initiate a case to bring the defaulter to criminal liability through bailiffs and by contacting the Ministry of Internal Affairs. The case materials are submitted to the court, and during the consideration of the case, a verdict is made on the guilt or innocence of the person who may be imprisoned.

Arbitrage practice

The criminal case described below was considered by the magistrate of the Kochkurovsky district of the Republic of Mordovia in July 2021.

As a result of the consideration of the case, the defaulter was sentenced to correctional labor for 6 months and to withholding 10% of income from earnings in favor of the Russian Federation. This punishment can be considered mild. It was issued for the following reasons:

1. The alimony payer admitted that he was guilty of the offense committed and asked for legal proceedings to be carried out in a special manner.
2. The defaulter had no criminal record, had a satisfactory reference from neighbors, and was not registered with a psychiatrist.
3. The crime committed by the alimony worker is characterized by minor gravity.
4. The alimony payer repented for the crime committed.
5. He also has a dependent minor, which is considered mitigating circumstances.
6. No aggravating circumstances were discovered during the trial.

How much child support do you have to avoid paying to get jailed?

There is no unambiguous link to the terms or amounts of debts here - a preventive measure in accordance with the Criminal Code of the Russian Federation is appointed after repeated violations are recorded, especially if they occurred during the execution of an already imposed punishment of lesser force.

As for administrative liability, according to the Code of Administrative Offenses, the alimony provider can be brought to it within two months after the initiation of enforcement proceedings, which occurs on the basis of an agreement/judicial act and a statement from the interested party.

Signs of evasion of alimony obligations

Failure to fulfill alimony obligations will be considered an administrative violation or crime if the debtor:

1. Hides part of his income. When collecting funds, almost all sources of income of the alimony worker are taken into account, and if he conceals one or more of them, his actions may be defined as criminal.
2. Indicates incorrect registration information. Unscrupulous debtors do this to make it more difficult for bailiffs to find them or to deliberately delay the legal process. But such manipulations are easy to detect and stop.
3. Lack of interest in employment. Some alimony recipients, in order to avoid wage deductions, quit their last known job, start working unofficially, or persistently refuse to find a sufficient and stable source of income. If such actions go beyond the law, the debtor must be held accountable.
4. Late payment of alimony. The agreement or court decision specifies the date or period of time within which the agreed amount must be transferred to the recipient's account. If this does not happen, the claimant or his trustee has the right to contact the relevant authorities.
5. Incomplete repayment of material obligations. The amount determined by the parties or the judge must be paid in full or more. Debt on it is unacceptable.
6. Violation of other key clauses of the contract or writ of execution. The payer, for example, may begin to transfer funds in a way that is inconvenient for the recipient, which is why he will not be able to use it. This and any other deliberate opposition must be stopped with adequate accountability.

Any of the above situations can have dual motives. For example, late payment will only result in punishment if it is found to be intentional. If the reason for such a violation was a delay in wages, serious financial difficulties or other unforeseen situations, the judge will enter into the position of the debtor and offer to resolve the problem more leniently.

What is the penalty for non-payment of alimony?

A child support worker who shirks his direct responsibilities must be prepared for systematic visits by bailiffs, as well as their constant written notifications. Along with the bailiffs, the recipient may also come, because this is not prohibited by law. If all warnings and notifications do not bring results, then the guardians of law and order have the right to impose punishment on the defaulter. Malicious alimony recipients may be subject to several types of punishment. If you have repeatedly reminded the negligent father of his duty and have not seen any action on his part, then it’s time to write a statement of claim to the relevant authorities. After considering your application, the bailiffs will begin executing the punishment.

Responsibility for non-payment of alimony:

• administrative;
• criminal;

Methods of punishment and prosecution can be:

• fine;
• deprivation of parental rights;
• deprivation of driver's license;
• compulsory work;
• seizure.

Useful information: Is permission from both parents required for a child to travel abroad?

Administrative liability for non-payment of alimony

After the court has decided to prosecute a citizen, bailiffs are obliged to monitor the payer’s compliance with all court requirements. Bailiffs are watching for non-compliance with all the rules, and the defendant may be brought to administrative responsibility.

Administrative punishment for non-payment of alimony can be in the form of:

• a fine, and its amount will be twice the mandatory payments;
• administrative arrest for 15 days;
• compulsory work, which can last from 20 to 50 hours.

Grounds for punishment and administrative liability if the debtor:

• did not comply with court orders;
• provided false information about his rights to any property;
• untimely notification of a change of residence, job, etc.

Read more: Penalty for late wages.

For failure to pay child support, deprivation of a driver's license

The most effective way to deal with alimony debtors may be to revoke your driver's license. This is only possible if there is a debt that exceeds 10 thousand rubles. They take them away until the debtor pays all the money due to the recipient.

Criteria by which your license will not be taken away if:

• Your car is your main source of income. For example, you work in some kind of cargo transportation or taxi;
• Your car serves you solely as a means of transportation, and your permanent place of residence is in a hard-to-reach place;
• You need a car due to disability;
• You have a disabled person in your care;
• Debt less than ten thousand rubles;
• You have been granted a deferment of mandatory payments under the writ of execution.

Deprivation of paternity for non-payment of child support

In case of malicious evasion of payment of alimony, the court has the right to punish and deprive the debtor of paternity. Fathers do not pay for the maintenance of their children for various reasons. For example, it’s a pity to give away your money and you want to see how your ex-wife will raise and support the children herself. If the father's parental rights are deprived, the mother has the following rights:

• free travel abroad with children;
• change the child’s last name, first name or patronymic at your discretion;
• put a ban on meetings between fathers and children;
• allow the adoption of your children by your future spouse, without the consent of your ex.

Fine for non-payment of alimony

The court has the right to impose a fine on the debtor if he hid his income in order not to impose alimony payments on them. On average, the size of such a fine is 100 minimum wages. It is also practiced, for each overdue day, to impose sanctions in the amount of 0.5% of the total debt amount, taking into account overdue days.

Important additional information: What is the fine for losing a passport in 2021 in Russia?