You do not receive the alimony? You already appealed with the claim to court and your claim was satisfied? Executive production at bailiffs? How to arrive with the defaulter of the alimony and how to define malignity for involvement of the defaulter of the alimony to responsibility? At once I will tell that in the Russian Federation not so easy to make it.
I will tell at once that in Russia treat defaulters of the alimony in the bodies which are engaged in the alimony, that is FSSP, "carelessly". Explaining unwillingness to make responsible violators of the law on the alimony to that allegedly it "will badly be reflected in the child subsequently - there will be a mark that the father is judged". That for a mark and where - it is unclear.
And same "fathers", not persons interested to pay the alimony, without caring of the child, have the rights for the child, forgetting about duties. In old age they can give on the alimony on the child and it is necessary to prove that he did not pay also itself once kopeks.
And at departure of your child abroad, to other country you will need permission from the child's father. And if you heard many years nothing about the father of the child and do not know where it is where and how to look for it?
Punishment for failure to pay the alimony of mother of children is frequent use to deprive such daddy of the parental rights. After all, often, daddies leave with statements for confiscation of children, for deprivation of the rights of mummies, it is simple not to pay the alimony, having thus sufficient means.
So to do to outstrip and secure the villain?
How to protect interests of the child?
First, evasion from payment of the alimony is punished by Art. 157 of the criminal code of Russian Federation. It is possible to file such petition independently. It is possible to address to law enforcement agencies. But on condition of existence of a judgment about payment of the alimony. And the judicial police officer-performer who has an executive production can write such application.
Art. 157 of the criminal code of Russian Federation provides failure to pay the alimony of 4 months and more. In exceptional cases - of 3 months. It is necessary to notice that the sum of payments in 4 months in a size even 100 rubles already exculpates the defaulter. And also gifts and various small "peredachka" to the child. The even transferred kilogram of potato or a rattle...
Yes, such laws in the Russian Federation. So what judicial police officers-performers hold back, without wishing to attract the respondent to the answer?
What provides actually the concept "malignity" of the criminal code of Russian Federation? After all to pay time in 4 months of 100 rubles not so difficult, but whether it is easy for mother who is bringing up the child?
So, the criterion of malignity provided by article 157 of the criminal code of Russian Federation:
1. Vyryvany obligations about payment of the defaulter more than 2 times.
2. Existence of debt on the alimony over 4 months.
3. Frequent change and concealment of a residence.
4. Frequent change and concealment of a place of work.
5. Numerous absence on calls of the judicial police officer-performer: according to the agenda and calls, etc.
6. The announcement of the debtor in search.
7. Providing fraudulent documents like reference with a small or nonexistent salary.
8. Providing false data on the income.
9. Any deceptive actions.
10. Refusal of payment of the alimony
11. The actual non-performance of the judgment (order) on payment of the alimony in the determined sum.
If the debtor is put on the wanted list, you can address in a residence to the Center of payment of social benefits. There you can request information On the ORDER of APPOINTMENT AND PAYMENT of TEMPORARY GRANTS ON
MINOR CHILDREN DURING SEARCH OF THEIR PARENTS EVADING FROM PAYMENT OF THE ALIMONY
That is, if you do not receive the alimony, the state will pay you some sum.
All know how work if at all work, judicial police officers-performers. Work of FSSP is regulated by some acts of the Russian Federation - "About executive production" and Federal Law "About Judicial Police Officers-performers". On the basis of these laws you safely can appeal to the Prosecutor's office of your city above, and also to regional FSSP above.
You can appeal against the resolution on refusal in initiation of legal proceedings according to Art. 157 of the criminal code of Russian Federation within 10 days in court, and also in all above-mentioned instances.