Evasion from payment of alimony is a certain action on the part of the guilty person or his inaction, which contributes to the non-enforcement of the court decision on the recovery of alimony in favor of the minor child. Such a guilty person may refuse to pay all or part of his child support, or may file knowingly false information concerning his income. A person can change his place of residence or work and not inform the state executor about it, and sometimes even just hide in an unknown direction. As you can see, there are many options for avoiding paying alimony.
And only the court can determine whether it was simply evasion of alimony, or whether there was malice in evading payment of alimony. To the features on which the court can draw a conclusion, it was simply an evasion or a malicious evasion from paying alimony from the guilty person:
- duration of evasion;
- evasion of payment occurs even after a warning from the law enforcement authorities about criminal liability;
- repeated evasion of payment;
- way of committing a crime;
- the debtor is put on the wanted list.
If alimony, even after an appropriate warning, is not intentionally paid for more than three months, then such evasion from paying alimony is already qualified as malicious. But while the debtor is being searched, the mother of the child can receive a temporary benefit for the period of the search for the father, who evades payment of alimony.
Can I avoid alimony?
Sometimes, most often in men, the question arises: is it possible to evade child support and how to do it? So, the law is on guard for the interests of minor children and any evasion from paying alimony is a violation of the law and the culprit is threatened with an article of the Criminal Code for this.
If the debt for support payments exceeds their amount for six months, the bailiff has the right to apply to law enforcement agencies with a message stating that the debtor is being criminally liable for maliciously evading payment of alimony. But if during these six months the debtor at least once paid any money, then criminal responsibility does not come. Therefore, there is no legal way to deprive your child of the means of subsistence necessary for him. True, there are some ways by which you can slightly reduce the amount of payments for maintenance:
- to agree with the employer that the salary be paid partly official, and the part - "in the envelope". Then alimony will be withheld only from the official part. Only not every leader will go to such a strictly punishable step now;
- you can negotiate with the leadership and go into the official indefinite unpaid leave, and receive a salary, again, in the "envelope", but for a long time you too will not be kept;
- if you have any real estate, you can reissue it for a child in exchange for the suspension of payments for maintenance, but you can do this only with the permission of the guardianship authorities;
- if you believe that the alimony received by the mother of the child is wasted for other purposes, then you can file an application with the court to reduce the amount of alimony;
- with the consent of the guardianship authorities, you can open an account in the name of your child and, before reaching the age of majority, partially contribute to this account.
However, do not forget that time flies very quickly, and it's not far off when the work will have to be left, it will be difficult to live on a scanty pension from the state, but you will not be able to claim your child's help if you are now evading payment of alimony .