Penalty for alimony
Penalty for alimony
Non-payment of alimony on time or not in full gives the right to the recipient not only to demand arrears, but also to collect a penalty. These requirements must be presented in court.
Instructions
1
To determine the amount of the penaltyappeal to the bailiff with a statement on the calculation of arrears on alimony. The bailiff in this case must issue a resolution, which will contain the amount of debt. Ask the bailiff to make a monthly calculation, so it will be easier for you to calculate the forfeit.
2
Based on the data provided by the bailiffcalculate the forfeit. According to family law, the amount of the penalty is paid in the amount of 0.5% of the amount of unpaid child support for each day of delay. Given that alimony must be paid monthly, then the calculation must be made on a monthly basis. For example, alimony was not paid for 4 months from February to May, the amount of child support is 8,000 rubles every month. In this case, the calculation will be as follows: For February - 8000 (debt for February) * 0.5% * 28 = 1120 rubles for March - 16000 (debt for February and March) * 0.5% * 31 = 2480 rublesApril 24 000 (debt for February, March and April) * 0.5% * 30 = 3600 rublesAnd May - 32 000 (debt for February, March, April and May) * 0.5% * 31 = 4960 rubles The total penalty will be 12 160 rubles.
3
With the claim for recovery of forfeitaddress in the world court. The application can be filed both at the place of residence of the defendant, and at your place of residence. Attach the following documents to the claim: 1) marriage certificate (if available), 2) certificate of divorce (if available), 3) court decision on recovery of alimony (court order, notarial agreement on payment of alimony), 4) birth certificate of the child 5) the bailiff's decision on the calculation of the debt, 6) the calculation of the penalty, 7) a copy of the statement of claim by the number of parties in the case.
