SEVERAL PROVEN WAYS TO INFLUENCE A MAINTENANCE DEBTOR.
1) Contact the debtor's employer or Federal Bailiff Service.
If the child-support debtor is officially employed, you can submit the writ of execution directly to the company's accounts department, which must enforce it. Up to 70% may be withheld from salary. You may ask bailiffs to check the amount withheld by the employer. The writ may also be submitted to the Federal Bailiff Service office where the debtor lives.
2) Have the debtor declared missing.
If a bailiff cannot find a maintenance debtor within a year of the last information about them, a court may declare them missing. This gives the child entitlement to a state survivor’s pension. The application is submitted to the court where the interested person lives or is located.
3) Recover a late-payment penalty.
If child support is not paid despite an agreement or court decision, a penalty may be claimed in addition to the debt. It is 0.1% of unpaid child support for each day of delay. Add the penalty for each payment to find the total. Exemption may be granted if the debt arose for a valid reason, such as illness or disability. The court decides this.
4) Restrict the debtor's travel abroad.
A debtor may be barred from travelling abroad if maintenance debt exceeds 10,000 rubles. A bailiff may impose this at the claimant’s request or on their own initiative.
5) Restrict the right to drive a car.
A debtor may be deprived of the right to drive if the debt exceeds 10,000 rubles. A bailiff may impose the restriction on their own initiative or at the creditor’s request.
6) Hold the debtor liable.
If maintenance arrears accumulate for more than two months from the start of enforcement proceedings, this is an administrative offence. The penalty is 150 hours of compulsory community service, administrative detention for up to 15 days, or a fine of up to 20,000 rubles. If an offence report has been drawn up and the debtor still does not pay maintenance, this becomes a criminal offence. For example, someone who goes into hiding or conceals income may even be arrested. Liability applies not only to refusal to pay maintenance, but also to partial payment.
7) Deprive the parent of parental rights.
Wilful non-payment of maintenance may result in deprivation of parental rights under Article 69 of the Russian Family Code. A court decision is required. The obligation to support the child remains, but the debtor will not be able to claim support from the child in old age.
8) Important to know.
If steps were taken to obtain maintenance before going to court but payment was evaded, maintenance may be recovered for the previous three years. If a writ of execution or maintenance agreement exists but payment could not be withheld through the payer’s fault, the money may be recovered for the entire period. Even if the child has turned 18, the debt for the entire period must be repaid.