Unfortunately, very often it happens that in the past a happy, happy family breaks up. Divorce becomes a great stress for everyone - both for the child and for his parents. And with the greatest difficulties is the one with the content of the minor child. That is why there is a law on the payment of alimony to a child, until he reaches the age of majority and will not get a job.
But, for various reasons, the parent can shy away from paying alimony. If such a situation lasts more than six months in a row, then the injured party can file a suit about bringing to criminal liability.
An agent of the pay control service who will deal with your case must examine all the materials, as well as notify the respondent about the application submitted to him and hold a warning conversation about the possible prosecution. Alimony-bound person notifies about your claim maximum two times. Also, payment control services find out the reasons for which he shied away from payments. Refuse to hold criminally responsible for non-payment of alimony may for several reasons:
- if the payer has lost his job, but is on the labor exchange or is trying to find employment on his own;
- if at work there were delays in salary;
- if the bank has not made or delayed payments (but the defendant must show receipts for payment);
- if the alimony-bound person was seriously ill, or had financial difficulties;
- if the defendant paid the minimum amount of money, at least once in the last six months.
If the defendant proves his innocence, he will not be obliged to pay money for a given period of time. Also, no penalty will be charged.
Responsibility for non-payment of alimony
Responsibility is attracted if the defendant has been recognized as a malicious defaulter. This term implies the following points:
- Evasion of payments for more than six months in a row, without good reason.
- If a person was hiding from representatives of the control of payment of alimony.
- If, following a court decision, the defendant does not continue to pay any money for the maintenance of a minor child.
What threatens for non-payment of alimony?
There are several types of punishment for non-payment of alimony, which exactly will be applied in each individual case, the court decides, based on the case materials.
First of all, the malicious defaulter is obliged to pay all the funds for the considered period of time, plus interest. Penalty for non-payment of alimony is 0.1 percent of the amount of unpaid child support for each day in arrears. This applies to cases in which the defendant was required to pay for the maintenance of a minor child by court order. That is, when a contract was not concluded between the parents on voluntary payment, and one of them sued.
If an agreement was concluded between both parties and it was certified by a notary or in a court, the penalty terms change - it is paid in the amount that was determined by the parties.
In addition, by a court decision, the defendant may be forced to corrective labor for a period of 120 to 180 hours. Or to a conditional conclusion, for up to one year. And also, to conclude in places
Malicious non-payment of alimony can lead to the fact that the defendant will be deprived of parental rights, but he will still be obliged to pay them.
How to prove non-payment of alimony?
To prove that you did not receive financial assistance from a former spouse, you need to present checks on the latest payments received. Write an application to the bodies controlling the payment of alimony at your place of residence. If you do not know where they are, you can contact the police or the court.