Child support: a new law in 2018
The legal relationship between the alimony payer and the person receiving these monthly payments is governed by the Family Code. This official document is constantly made changes that regulate the size and order of maintenance of the child by the second parent. By 2018, this law also underwent a number of changes.
The main direction of innovation is the improvement of the model of recovery from debtors who do not provide mandatory payments. The new law also provides for certain social guarantees for children and parents, which are disadvantaged in case of non-payment of alimony.
The main provisions of the alimentary legislation of Russia were not changed:
- child support will continue to be recovered voluntarily or by force;
- 3 transfer methods remain (cash, in the form of real estate re-registration or percentage of income);
- the amount for 1 offspring is 25%, by 2 - 33%, by 3 - 50%.
The amount of alimony can be changed at the initiative of the payer or the recipient. To do this, he must apply to the court.The amount may not only be increased in favor of the child and the mother, but also reduced if the payer has new circumstances that he brings to the notice at the trial.
Alimony legal relations were considered in detail by the State Duma during 2017. Many bills were introduced, some of them were passed almost without amendments, and some were rejected on the first reading.
At the moment, the corresponding bill has passed a wide public discussion, its final approval is expected in the near future. It concerns those cases where the alimony debtor was not found as a result of the search. If alimony obligations have been assigned to the payer, but it is not possible to obtain them due to the fact that the location of this person cannot be established, then a new collection mechanism is activated.
The bailiff who initiates the search will act in 2 stages:
- after 12 months of the search, which did not bring results, the enforcement proceedings are declared closed;
- the recipient is explained his rights and the procedure for going to court to confirm the defaulter in the status of a missing person.
If this procedure is successfully passed and the defaulter is recognized as absent, the child from the Pension Fund will be determined the pension for the loss of the breadwinner in the prescribed amount.
Detention of debtors
Measures to which the alimony defaulter may be subject to systematic evasion of payments:
- correctional labor;
- the punishment in the form of an administrative fine to 20 thousand;
- arrest lasting up to 15 days.
To apply all these measures, it is necessary to ensure the appearance of the debtor so that he can explain the reason for the delay in payment. If he refuses to come voluntarily, the bailiffs will detain and then deliver.
Previously, this was carried out jointly with the police, but now the procedure is simplified, so the bailiffs can act without the participation of police officers, which speeds up the inquest and helps reduce the time to receive alimony.
Another new law concerns the indexation of alimony payments that have not been provided for a long time. If the recoverer or bailiff submits a writ of execution, then the employer must index the payments.He must independently recalculate the amount of monthly alimony after the growth of the minimum wage.
Until 2018, this function was assigned to employees of the FSSP, but now these powers are transferred to the duties of employers.
Prohibition of travel abroad
Since the end of 2017, an amendment to increase the amount of debt, which is the basis of the prohibition to cross the border, has been legalized. For almost all types of debt, the size increased from 10 to 30 thousand.
But with regard to arrears of alimony, this innovation is not activated: for those who evade payment of the amount for the maintenance of a child, still a debt of 10 thousand becomes an obstacle to going abroad.
Special bank account
In 2018, another new opportunity is being realized to recover funds from a person who evades paying alimony: the bailiff has the right to block all debtor’s accounts. First, requests are sent to all financial institutions and banks to identify accounts and the availability of funds for them.
For blocking it does not matter what kind of funds are concentrated on these accounts, it can be salary, pension for a disabled person or by age, loss of a breadwinner, etc.Any accounts may be blocked, but it may not always be possible to send funds to pay off debts.
Revenues that by law cannot redirect to debts:
- alimentary funds;
- survivor's pension;
- compensation for damage caused to health.
This is possible if the alimony is credited to a separate bank account, where no other income is received. Such an account is considered inviolable and administrative types of punishment in the form of fines are provided for encroachment on it.
Jobs for debtors
For 2018, it is planned to adopt a number of laws that will help provide jobs for those who pay alimony, since at the moment unemployment makes it difficult to repay such debt to many people.
When the law is passed, FSSP employees will be able to write out referrals for such persons, which they will be able to submit to local employment centers. For non-payers, jobs will be provided in the first place, since this will simultaneously help to solve two problems: employment for the unemployed and alimony for the recoverer.
For the time while the payer is in the status of unemployed, he will be able to receive benefits from which the alimony amount will be withdrawn.Its size can reach up to 70% of unemployment benefits.
The whole complex of previous laws and innovations in the sphere of maintenance legislation should contribute to the timely provision of a child who is under the protection of state guarantee obligations. In this way, he is given the opportunity to grow and grow up in a healthy environment without feeling the lack of funds for his basic needs.