Under the law, during the formation of the debt under the alimony, the culprit is obliged to pay a penalty of 1\2% of the unpaid amount calculated for each overdue day. However, as it turned out, the claim may be submitted to a man, faithfully performing its obligations. An example is a recent situation I had to deal with as an attorney in family disputes. C-n since 2009 regularly paid child support for a minor child, has received a lawsuit from his mother for a penalty. My participation in this case helped his father escape the unfair payouts.
Gr-ka K. appealed to the magistrate with the claim about collecting with C-K. penalty for late payment of funds. The decision of the district court of Volgograd in 2009 in favor of it from C-K. was charged the money for the child in the amount of 6 000 rubles. Gr-ka K. felt that the duty to pay child support to the father was not performed. These amounts are not indexed in proportion to the subsistence minimum. Gr-ka K. asked the court to recover from C-K. the penalty calculated for the period from 2 July 2012 to 18 September 2017, total 1 113 304 rubles.
Meanwhile, the defendant, whose interests I represented, every month pay child support voluntarily in the amount defined by the court 6 000. Enforcement measures against him have not been applied. In this regard, I spoke against the claim.
At the hearing it was established that g-n K. every month to pay child support in court from 2009 fixed amount. While the bailiff unlawfully has not taken timely action on the indexation of the amount of alimony. The magistrate concluded that the absence of fault of the father in education debt. Given this fact, he decided that the claims of the C-Ki K. not to be satisfied.
In accordance with the legislation stipulates the obligation for the person to timely child support payments. The beneficiary can claim the payment of damages in the situation is guilty of nonpayment. The nature of the circumstances in the case showed no such guilt.
Use the services of experienced lawyers for solving family disputes. They will help you to avoid illegal payments.
Sincerely, your lawyer Vladislav Lyzhin