Arrears payable

Regardless of whether the parents have retained the family or not, live together or separately, they have financial obligations to their children. Before the coming of age, a parent who lives separately must support his child even if he is deprived of parental rights. The amount of alimony is determined depending on the income - its amount, stability. This can be a fixed amount, or maybe a percentage of earnings. In the event of disputes, the amount of alimony is determined by the court.

Arrears are calculated from the moment when the legally verified court decision on their establishment or voluntary agreement comes into force. It is possible to limit the debt to the limits of the last three years in the event that the payer can not pay child support through no fault of his own. The following reasons are allowed:

• the fault of the beneficiary of alimony - if he did not provide the payer with the court decision in advance;
• if in the organization where the payer works, they systematically and for a long time delay wages, and he does not have other means for paying alimony;
• if the delay in the receipt of payments is due to the fault of the postal services;
• because of the payer's illness;
• force majeure circumstances - when one of the parties is in the zone of natural or man-made disaster, military actions, elements and money receipt is impossible for reasons beyond their control.

How to find out the debts for child support?

Before you take any active action to recover from a malicious defaulter debt for maintenance, you need to understand the concepts of debt directly under alimony and recovery of them for the past period. So, the second takes place if the party had the right to receive alimony, but for whatever reason did not use it without contacting the relevant authorities. If, however, the payer has deliberately evaded his duties, having been acquainted with the relevant documents, then he accumulates arrears for the entire period of non-payment.

You can check the existence of the debt of the responsible party for alimony if you have on your hands a regulatory document that confirms the fact of the appointment of payments. In case it was lost, you can apply for a duplicate.

How to calculate arrears for child support?

• the determination of the amount of debt depends on how the payment is calculated, whether it is a fixed amount or whether a certain proportion of the defendant's income is drawn up;
• if the alimony is a fixed amount , the debt is calculated as follows: the amount is multiplied by the number of months overdue plus for the current period;
• If the maintenance should be charged in percentage from the sum of the income it is necessary to summarize all incomes in a debt period and the average is calculated. The amount of debt for one month is a fixed percentage of this amount;
• the debtor did not work and did not have a permanent income, the debt is calculated on the basis of the average income of people of similar qualifications.

How to collect child support debts?

1. If, in the presence of a voluntary agreement or a court decision, you have not received alimony within 2 months, you need to apply with the appropriate document to the bailiff service.
2. If the defendant is working, then the scheme for collecting debt by bailiffs is as follows: a document is sent to the workplace and the amount is compulsorily calculated from wages.
3. If the defendant does not have a permanent income, the debt is repaid at the expense of bank accounts or sale of the debtor's property. In the event that this option is not possible, the defaulter can be convicted, which, however, still does not relieve him of his obligations.
4. Failure to pay back arrears on alimony is not accepted under any circumstances. It can be removed only in two cases: if the child has died or the debtor himself.