Instruction
1
To determine the size of the penalty should apply to the bailiff a statement about the work of calculating child support. The bailiff in this case should make the decision, which will contain the amount of the debt. Ask the bailiff to make monthly payments, it will be easier to calculate the penalty.
2
On the basis of the data provided from the bailiff make the calculation of the penalty. According to family law the penalty is paid in the amount of 0.5% of the sum of unpaid alimony for each day of delay.
Given that child support should be paid monthly, then the payment should be made monthly. For example, alimony is not paid within 4 months from February to may, the amount of alimony is 8000 rubles a month. In this case the calculation would be as follows:
For February – 8000 (debt for February)*0,5%*28 = 1120 roubles
For March – 16000 (debt for February and March)*0,5%*31= 2480 roubles
For the April to 24 000 (the debt for February, March and April)*0,5%*30= 3600 rubles
For may – 32 000 (the debt for February, March, April and may)*0,5%*31= 4960 rubles
The total amount of the penalty will be 12 160 rubles.
3
The statement of claim about collecting of the penalty will contact the magistrate's court. You may apply as the place of residence of the defendant, and at your residence. To claim please attach the following documents:
1) marriage certificate (if any);
2) divorce certificate (if any);
3) the court decision on alimony (court order, the notarial agreement on payment of alimony);
4) birth certificate of the child;
5) a decision of the bailiff on the calculation of debt;
6) calculation of damages;
7) a copy of the claim on the number of parties in the case.