Hello. My ex is supporting me... he pays for the child whenever he wants and the amount that is convenient for him... how to force him to pay the entire amount of the debt... just so that he remembers for the future...

Lawyer's answer:

The bailiff executes the court decision, contact the SSP. You can also recover the penalty in court.
A bailiff can force you to pay alimony.

The ex-husband refuses to pay alimony, the debt is more than 200 thousand rubles. The bailiffs bombarded him with replies, either he doesn’t live there, or

The ex-husband refuses to pay alimony, the debt is more than 200 thousand rubles. The bailiffs bombarded him with replies, either he doesn’t live there or he doesn’t work. They don’t want to initiate charges based on the article. What should I do?

Lawyer's answer:

Write a complaint about the inaction of the bailiffs
It is necessary to complain about the inaction of the bailiffs and initiate a criminal case for malicious evasion of alimony payments. And then there may be corrections regarding the repayment of alimony. If you need help, contact

The husband refuses to pay child support.

My boyfriend refuses to pay alimony, the court recently ruled in my favor, I am now on maternity leave, my ex-husband offers to go to a settlement, he agrees to pay 10,000 voluntarily, but at the same time he wants me to tear up the court decision, I refuse tear up the document, I suggest he pay voluntarily, but if the money is not paid, I go to the bailiffs with this decision, he does not agree with my condition, now he threatens me with the fact that he will fictitiously get a job on a penny salary and will pay me pennies, while I know that he is engaged in business (buys and then resells auto parts at a markup) but not officially, he does not pay taxes, he does not have any papers.

Lawyer's answer:

Dear Lilya!
Lilya!
If he just needs to tear up the court decision (and not the writ of execution) in front of him and he is ready to immediately pay the funds for at least six months, I would tear it up.
in your case, you can contact an intermediary (mediator) to resolve the current situation. By resorting to mediation, you will ultimately receive a mutually beneficial solution to your problem that will satisfy both parties, avoiding litigation and costs.

Husband refuses to pay child support

What to do if your husband abandons his child and does not want to pay child support?

Lawyer's answer:

What do you want? You can file a lawsuit to collect alimony. and thereby force the baby’s father to pay for the baby’s maintenance
If a child was born in marriage and the spouse is recorded as the father on the child’s birth certificate,

My son is 18 years old, he is studying, and my ex-husband refuses to pay child support (he hired a lawyer), citing

My son is 18 years old, he is studying, and my ex-husband refuses to pay alimony (he hired a lawyer), citing the fact that he has a small salary and two young children. Tell me, too, should I hire a lawyer or will alimony be assigned anyway?

Lawyer's answer:

Child support is not paid after 18 years of age
and I beg your pardon, you are from Ukraine, then they are paid

Hello. My husband and I drew up an agreement for child support. The husband refuses to pay alimony to his wife. Child 2 years old

Hello. My husband and I drew up an agreement for child support. The husband refuses to pay alimony to his wife. The child is 2 years old. Please tell me whether a wife can sue for spousal support until the child reaches the age of three. Thank you.

Lawyers answer the question: - husband refuses to pay child support

Yes, Lyudmila, the wife has such a right.
The spouse has the right to file such a claim in court.

Ex-husband refuses to pay child support

She filed for alimony, her husband wrote a counter-application refusing. She asks to enter into an agreement. Then I filed a claim to withhold alimony. What should I do next?

Lawyer's answer:

A court hearing will take place, a court decision will be made to collect alimony, and then a writ of execution will be issued.
Hello, alimony will be collected from the spouse in court.

Ex-husband refuses to pay alimony what to do

Ex-husband refuses to pay alimony what to do

Lawyer's answer:

Larisa, was it not clear what the court's decision was?
Go to law.

If the husband refuses to pay alimony

I filed for alimony in March, my husband paid me for March April and May now he said that he won’t pay anymore no answer no hello after what time they describe the property. jail time for non-payment of alimony????

Lawyer's answer:

Contact the bailiffs on all the issues you have identified, this is their job. But to the chagrin of the bailiffs, it is constantly necessary to “tug”. To achieve real receipt of alimony, do not hesitate to contact the bailiffs (calls, visits) at least every other day.
Hello, Elena. After the initiation of proceedings, the bailiffs will offer to voluntarily repay the debt; if this is not done, he will be warned under Article 157 of the Criminal Code of the Russian Federation “Malicious evasion of payment of funds for the maintenance of children or disabled parents”

My ex-husband refuses to pay child support for my maintenance until the child is 3 years old.

Got married. She became pregnant while married. I left with my husband for his work in another city. Due to health reasons, she returned to Moscow during pregnancy. Gave birth. All this time he continued to live in Pskov. I saw the child 3 days after his birth. He was not interested in him, did not try to come. Six months later I decided to separate. I didn’t apply for alimony - he had it new family(civil marriage with a girl, she has two minor children), went to the meeting. Went to see my mother. He is a military man. I received 30-32 thousand rubles. For Pskov from Wed.

Lawyer's answer:

Julia, it wasn’t yesterday that he became such an asshole.
Lawyer Evgrafova Lena Alekseevna

My husband refuses to pay child support!

There has been a claim for alimony since 2004. For the last year he has not paid anything, the bailiff has not done anything. The ex-husband donates blood, but the bailiff refused to take 25% in favor of the child. There was also no inventory of the property. Although he lives at home and works unofficially.

Lawyer's answer:

Alena, you do not have a “claim for alimony”, but a court decision to collect it.... If the bailiff does nothing, you can appeal his actions - to a higher authority or court. Since your spouse does not officially work anywhere, he must pay alimony in the amount of 1/4 of the average monthly salary in the Samara region (for 1 child); It turns out that he has a payment arrears, if it is more than 4 months and the bailiff warned him about criminal liability for non-payment, then write an application to hold him criminally liable for malicious evasion of payment of funds for the maintenance of the child by a court decision. The bailiff must draw up a certificate of debt indicating the amount of debt and the number of months of non-payment... Good luck)))
I do not agree with the previous answer; a non-working alimony debtor must pay it based on the average salary in the Russian Federation, and not on the region where he lives.

The husband refuses to pay alimony in position 33, citing the fact that a child was born in the new marriage. How to achieve what is due

The husband refuses to pay alimony in provision 33, citing the fact that a child was born in the new marriage. To achieve the required amount for alimony, she did not submit deductions according to the application.

Lawyer's answer:

Collect alimony in court.

My husband refuses to pay alimony for my maintenance, and wants to pay the child 1/6 of the salary. pl, referring to but what he has

My husband refuses to pay alimony for my maintenance, and wants to pay the child 1/6 of his salary, citing the fact that he has an older son to whom he pays 3,000 rubles. but this is not documented anywhere. Therefore, his former partner is invited to court so that she can confirm that she receives money from him. What are my chances in court?

Lawyer's answer:

Your chances are excellent. Alimony for your maintenance is established by law.

Divorced from her husband, two children under three years old. The husband refuses to pay alimony because... He is officially unemployed. On the exchange

Divorced from husband, two children under three years. The husband refuses to pay alimony because... He is officially unemployed. He is not a member of the labor exchange. works for an individual entrepreneur that is registered under his father’s name, and signs for him everywhere on documents and contracts. That is, in fact, this is his company. Tell me what he faces if I prove that he works illegally and hides his income. Is it difficult to do?

Lawyer's answer:

File a claim for the recovery of alimony in a fixed currency amount, Art. 83 RF IC. Will pay as a non-worker.

Husband refuses to pay child support

Husband refuses to pay child support

Lawyer's answer:

If alimony has already been collected by the court, contact the bailiff. If not, file a claim with the arbitrator.

What to do if your ex-husband refuses to pay child support

What to do if your ex-husband refuses to pay child support

Lawyer's answer:

You need to go to court with statement of claim on the collection of alimony.

My ex-husband refuses to pay child support. Until now, I have not officially applied for alimony; I paid by card.

My ex-husband refuses to pay child support. Until now, I have not officially applied for alimony; I paid by card. Do I have the right to official alimony if he left the apartment to the children and, as he says, will collect all the transfer amounts and present them as payments for the children.

Lawyer's answer:

The husband refuses to pay child support for the second child, explaining that he already supports the first. Is this legal? what am I supposed to do

Hello, I got divorced in September, my son stayed with my husband and he sent him to a boarding school with incomplete government support. After the divorce, in September, I gave birth to my second child. The husband refuses to pay child support for the second child, explaining that he already supports the first. Is this legal? and what should I do to receive alimony?

Lawyer's answer:

Ira! You need to go to court with a claim for alimony. You will also be able to collect from him alimony for your maintenance until the child reaches 3 years of age.

If the husband refuses to pay alimony. I have a debt of 37,000 hryvnia. I filed a criminal case, they refused citing

If the husband refuses to pay alimony. I have a debt of 37,000 hryvnia. I filed a criminal case, they refused, citing the fact that I had once paid, I sent it to the Kharkov prosecutor’s office at my place of residence, but there was no answer there for the third month, I went there but they cite justice, I was there and there was no answer no, they said that we sent it, but I didn’t receive an answer. It’s already the third month.. Help me where to go next on this matter. No one wants to deal with this from the authorities

Lawyer's answer:

There is no need to travel; you need to appeal the answer in court. write a complaint to the city prosecutor's office and send everything by registered mail with notification. Were all the actions carried out by the municipal enforcement officer to comply with the court decision….

What to do: husband refuses to pay child support

The ex-husband refuses to pay alimony and writes a statement to the contrary

Lawyer's answer:

Svetlana, if you can’t come to an agreement with ex-husband about the payment of alimony, then their collection may be in court. To do this, you need to file a claim with the court at your place of residence for the recovery of alimony.

My husband refuses to pay alimony for my maintenance. What should I do?

The ex-husband already pays alimony to his two more children from previous marriages, which is 50% of his official salary, so he refuses to pay for my maintenance, only for our joint child. official salary.pl. 120,000, but receives most of the income unofficially. The court decided that my husband will pay for my allowance. 2300 rubles, my husband filed an appeal, how can I avoid losing these payments? What should I do?

Lawyer's answer:

Write objections to his appeal and defend your position.

My ex-husband refuses to pay alimony for my maintenance. Can I contact the bailiff if I only have a DETERMINATION, but not a court decision?

Hello. My husband and I are divorced. In court, we entered into a settlement agreement, according to which he must pay alimony for my maintenance until the child reaches the age of three. He paid for several months, now he has stopped and refuses. Can I contact the bailiff with a determination that the parties have entered into a settlement agreement? It says that the judge decided to approve the settlement agreement, under the terms of which the defendant undertakes to pay spousal support. Or can the bailiff begin work only if there is a court decision?

Lawyer's answer:

Arina, Good afternoon.

My ex-husband refuses to pay child support. What to do? How to behave in court?

Help please. We lived with our ex-husband for 4 years. After the wedding, our daughter was born. On this moment she is 5 years old. When I was pregnant, my ex-husband knew that the child was not his, but he wanted to become her father. After living at my expense for 4 years, we divorced. Now that I applied for alimony, he says that he will do DNA and that he will not pay anything. Please tell me if there is a chance for me to prove something in court and what is the best way for me to proceed.

Lawyer's answer:

If you prove in court that at the time of your daughter’s birth, your spouse knew that the child was not his, then most likely he will have to pay alimony.

What is the right thing to do if your ex-husband refuses to pay alimony?

I have the following situation: my husband and I are divorced and for 3 years he has not paid alimony. I have repeatedly contacted bailiffs, but they can’t help. Tell me what to do correctly in such a situation.

Lawyer's answer:

Ask to be prosecuted for malicious evasion of child support, but then he will have a criminal record, which may affect the future fate of the baby.

A very common situation is when a spouse refuses to pay child support. A man may have many reasons for such behavior, but none of them, of course, justifies such an attitude towards his child. What to do when your husband refuses to pay alimony?

Important! If you are considering your own case related to refusal to pay alimony, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

How is the amount of child support determined?

In the first case, the amount of alimony will be a quarter of the income for 1 child, a third for 2 and half for 3 or more children. In addition, in the second case, when for a number of reasons the payer’s income is not controllable and is unstable, the judicial authority determines the amount of child support in multiples living wage per child in the region.

When there are no controversial issues regarding children between spouses, the issue of alimony is decided by the magistrate in an order and ends with a court order. If there are some disputes (for example, regarding the identification of the biological father), they will be resolved by a federal judge by initiating legal proceedings.

Father's refusal to pay child support - where to apply for alimony without divorce?

Husband and wife are equal before Russian law - both as a married couple and as parents. Both parties must not only raise, but also provide for their child. However, it often happens that one of the parents does not give Money for the needs of children. If the father refuses to pay child support, can he file for spousal support? In this case, the wife has the right to submit an application to the judicial authority for the collection of alimony without a divorce in order to oblige the spouse to allocate the required amount of money by law to provide for your child.

To apply for alimony during marriage, you need to submit some documents:

• Marriage certificate;
• child's birth certificate;
• passport;
• various certificates of income, salary, etc.

The application must indicate that the spouse is not providing adequate financial assistance.

Note! If the marriage is not officially, legally dissolved, and the marriage relationship is actually terminated, and material aid there is no child support, or only a small amount, it is also possible to apply for alimony.

Can I apply for alimony after a divorce?

The collected papers on the collection of alimony in 2 copies must be taken to the magistrate. The location of the court is the locality where the defendant or plaintiff lives. If the plaintiff has financial difficulties, the judge may assign some monetary support for the time being until a final decision is made to collect alimony. Any party has the right to file a claim, even regardless of who initiated the divorce.

If you have any questions regarding alimony, it is better to contact experienced lawyers. They will help resolve difficult situations.

Senior assistant to the regional prosecutor for legal support Tatyana PEROVA answers: “In accordance with Article 80 of the Family Code Russian Federation If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

Alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

If the parent obligated to pay child support has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of the children, the court has the right to determine the amount of alimony collected monthly in a fixed monetary amount or simultaneously in shares and in a fixed amount of money.

The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

Thus, on the issue of collecting alimony from the ex-husband, you should file a statement of claim in the magistrate’s court at the place of residence or location of the defendant. A claim for the collection of alimony may also be brought by the plaintiff to the court at his place of residence.

After the court decision to collect alimony comes into force, the court issues a writ of execution to the plaintiff for presentation to the bailiff service or at the debtor’s place of work.

Evasion of alimony is punishable under Article 157 of the Criminal Code of the Russian Federation.

On the issue of bringing a persistent alimony defaulter to criminal liability, an interested person has the right to submit an application to the investigative authorities of the bailiff service.

The bailiff shall collect the amount of alimony debt forcibly within the framework of enforcement proceedings initiated on the basis of a writ of execution.”

Up ▲ — Reader reviews (1) — Write a review ▼ - Print version

Hello! Please tell me, the accounting department at my ex-husband’s place of work regularly transferred alimony to me for 11 years according to a writ of execution. In May of this year, alimony was not accrued due to the husband's absenteeism. In June, alimony was transferred and now in July it is not there again, I believe, for the same reason as in the previous month. I believe that now this will continue periodically, today the ex-husband works, tomorrow he doesn’t. What should be my next steps? .Does it make sense to call the accounting department at my husband’s place of work?
Thank you in advance for your answer!

The obligation to financially support their children until adulthood applies to all parents, regardless of whether they are married or divorced. There are often cases when a husband refuses to pay alimony, citing a difficult financial situation, serious illness or the emergence of new dependents. It should be understood that such issues cannot be resolved independently; there must be an official resolution or agreement. Otherwise, the man becomes a defaulter with all the ensuing consequences.

Situations of refusal of alimony

In practice, there is a mutual desire of the recipient and the payer to terminate alimony obligations. A woman sometimes, on her own initiative, refuses the rules established by law in relation to the father of the child. The psychological factor plays a big role here, when the mother wants to break off all relations between the child and the father, she is afraid that in old age the father will present a counter-bill for financial support to the grown-up child.

Quite often, a woman earns much more than her ex-husband, who leads an immoral lifestyle. It is a mistake to believe that a mother’s voluntary refusal to provide for the child’s father will automatically deprive him of his civil rights. For example, his notarized permission to take children abroad will still be required. When contacting a bailiff or filing a claim in court, the woman will most likely be explained that the funds received are obligatory payments and are intended for children.

This is money for the child, not for the maintenance of the mother. If the funds are excessive, then the most common option is to open a bank account in the name of the minor. A woman cannot independently refuse the obligations imposed by the court on the defendant; an official resolution must be adopted determining the refusal to collect alimony at the request of the recipient.

If the parents previously determined alimony relations through a voluntary agreement, then they should contact the notary again. Refusal of child support may be accompanied by an act of donation of property by the payer in favor of a minor or a one-time transfer to a bank account of a certain amount. In such a case, the notary officially certifies the refusal to pay alimony under a voluntary agreement that does not infringe on the interests of the minor.

More often, the court considers the option of refusing to pay alimony on the part of the payer. A typical case is evasion of parental duty without objective reasons. Such behavior has no statute of limitations. If she refuses to pay off debts, conceals income, or is wanted, a woman has the right to write a statement to the prosecutor’s office or internal affairs bodies.

A citizen becomes a willful defaulter after missing three months of payments, which allows his civil rights to be limited. He will not be able to travel abroad; he is entered into the traffic police database as a debtor in a lawsuit. The next step is deprivation of parental rights, which does not exempt the man from paying child support.

At the request of the recipient, the evader is subject to criminal liability. To do this, the bailiff service collects an evidence base that allows one to judge the attitude towards parental responsibilities. The emergence of criminal prosecution under Art. 157 of the Criminal Code of the Russian Federation provides for a maximum penalty of up to one year in prison.

Financial liability continues to remain, the bailiff issues a certificate of the full amount of the debt. This includes principal, late fees and enforcement costs. The certificate serves as the basis for going to court, and a collection procedure is initiated. If, after the presentation of the court decision, the defendant does not pay off the obligations within 10 days, then a forced collection procedure begins.

The debtor's property is seized, and the emergence of a second enforcement proceeding allows for 70% of earnings to be withheld. If the defendant does not have official earnings, then the calculation is made based on the average salary in the country.

Procedure for refusing to pay alimony

If objective circumstances arise, the court will issue a decision to terminate the proceedings. The main reasons for early refusal to pay alimony are:

Adoption of a child;
official employment of a child before adulthood or opening his own business;
registered marriage of a minor;
paternity not established;
death of the alimony recipient.

The payer's refusal is necessarily accompanied by the cancellation of previous court decisions. If the issue of financial support is accompanied by, then both claims can be considered in one process. Establishment of paternity is carried out using a genetic examination, which is paid for by the applicant. If the claim is filed by a woman, and the alleged father refuses the study, this serves as the basis for recognition of paternity based on other criteria, testimony of witnesses and the provision of documentary evidence.

If the defendant in the case pays alimony, but the fact of paternity is not established at the court hearing, then the amounts previously paid are not returned. In some cases, the court orders a reduction in the amount of regular payments or debt. The claim should be substantiated based on significant data. In case of severe and prolonged illness, the establishment of disability groups 1 and 2, or the appearance of new dependents, a decision may be made to reduce the amount of payments.

The court has the right to restructure the debt or reduce payments by certain period. Such a decision is the basis for contacting the bailiff in charge of the case. Until new terms of the agreement or court order are determined, the previously adopted rules must be followed.

Husband refuses to pay child support

Debts, as well as property, are subject to division during divorce. The wife needs to file a lawsuit in court for the division of property and in the same lawsuit raise the issue of dividing the loan debt.

Article 39. Determination of shares during division common property spouses
3. When dividing the common property of the spouses, the common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them.

Article 38. Division of common property of spouses

1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a creditor making a claim to divide the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses.
2. The common property of the spouses may be divided between the spouses by agreement. At the request of the spouses, their agreement on the division of common property can be notarized.
3. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court.
When dividing the common property of spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If one of the spouses is transferred property, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

Article 24. Issues resolved by the court when making a decision on divorce

1. In the event of a judicial dissolution of a marriage, the spouses may submit for consideration by the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of common property. spouses' property.
2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged to:
determine which parent the minor children will live with after the divorce;
determine from which parent and in what amount alimony for their children is collected;
at the request of the spouses (one of them), to divide the property in their joint ownership;
at the request of the spouse entitled to receive maintenance from the other spouse, determine the amount of this maintenance.
3. If the division of property affects the interests of third parties, the court has the right to separate the requirement for division of property into separate proceedings.