ALIMENTARY AGREEMENT

During antiquity the alimony legally were not fixed, but they were based on a moral component. In Roman law the alimony called \"nutritional obligation\". By virtue of the law on Roman law alimony between relatives. The father had an obligation to pay maintenance. If a child was bastard, alimony is imposed. Influenced by Canon law arose from non-marital children eligible for alimony.

For appearance of child support had two components: on the one hand a lack of funds, on the other hand the obligatory presence of these funds. 

In accordance with the Constitution of the Russian Federation is a social state. The Family code of the Russian Federation enshrines the principles of family law how family strengthening, legal protection, protection of the interests of minors and disabled family members. The family code provides for a method of implementing maintenance obligations of parents and children.

The Constitution of the Russian Federation found that the family, motherhood and childhood are protected by the State, caring for children is an equal right and obligation of their parents (art. 18).

With the increasing number of divorces, according to the divorce ends more 50% of marriages. In the year 2017, there were more than 1 000 000 marriages, and bred more than 600 000 families. More often than not get divorced family, where more than 2 children. All this is reflected in the tangible vulnerability of minors and disabled family members.

Under Russian law, the responsibility for failure to pay child support has several responsibilities: administrative, civil, criminal. For failure to pay child support in accordance with the codes of the Russian Federation on administrative offences provided for compulsory work for a period of up to one hundred and fifty hours or administrative arrest for a term of ten to fifteen days or a fine in the amount of twenty thousand rubles.

For untimely payment of alimony in accordance with the Family code of the Russian Federation with changes and additions entered into force on 01.01.2019 the guilty party shall pay to the alimony recipient a penalty of one tenth percent from the sum of unpaid alimony for each day of delay, according to the court decision. Under the Criminal code of the Russian Federation with changes and amendments, which entered into force on 08.01.2019, failure to pay maintenance to the minor children shall be punished with correctional labor for up to one-year, compulsory works or deprivation of liberty for a term up to one year.

The federal law "About Enforcement Proceeding" of Paragraph 15.1 of Article 64 introduced temporary restrictions on use of the debtor of the right for driving. But to attract to this type of responsibility in practice remains quite difficult. Existence of debt over ten thousand rubles is necessary, alimony has to be confirmed with existence of the court order or writ, about temporary restriction of use of driving the debtor has to be personally informed of the resolution. Concerning the debtor it will be impossible to issue the decree on restriction of the right of use of the vehicle if use of transport is the main source of income, or the debtor uses transport in connection with disability existence, or uses this vehicle for transportation of the disabled dependent if the debtor in view of remoteness of the place of residence uses transport, and nearby there is no transport infrastructure.

Also, if there is a document on installment or deferred maintenance, if there is a notarial agreement on payment of alimony and there is no court decision on the restriction of the use of the right management, the bailiff has no possibility to restrict the right of the transport control, you will need to go to court with a claim.

The procedure of collecting alimony drags on and becomes complicated if the debtor is in other city, the bailiff has no opportunity to apply a measure directly, and is forced to redirect in the place of residence of the debtor.

The Family code of the Russian Federation has a gap against a parent who fails to comply with maintenance obligations, in particular, is not provided for pecuniary damage for non-compliance. The question in respect of arrears of maintenance obligations, which was formed during the life of the payer and is not extinguished before his death. In the Civil code of the Russian Federation article 1117 reads about the unworthy heirs, which at the request of an interested person, the court removes from inheritance, willfully evading lying to them the law of the obligation to maintain the testator.

For the purpose of evasion from payment of the alimony, the debtor changes the name, thus the queries sent to the competent authorities, in vain, a writ of execution issued by the court is invalid because the data on name and surname is specified others (article 13 of Federal law No. 229-FZ "On enforcement proceedings"). In this case, you must apply to the court to replace the debtor.

One is a notarized agreement between the person obliged to pay alimony and their recipient to provide periodically or in a lump sum within a specific content size and shape. Alimony paying agreement chapter 16 of the family code of the Russian Federation. Alimony paying agreement has the force of a writ of execution. In the execution of foreign court decisions in Russia can be one of the following options: you must contact the bailiff with the Executive leaf of another State or an arbitral tribunal or a Court of general jurisdiction for acceptance foreign judicial decisions and only after obtaining a court order in the Russian Federation and the writ of execution, you must contact the bailiff.

List of references:

1. The federal law of 02.10.2007 N 229-FZ (an edition of 27.12.2018) "About enforcement proceeding"
2. "Russian Federation Code of Administrative Offences" of 30.12.2001 N 195-FZ (edition of 06.02.2019)
3. "The family code of the Russian Federation" of 29.12.1995 N 223-FZ (an edition of 03.08.2018) (with amendment and additional, joined in force from 01.01.2019)
4. "Criminal Code of the Russian Federation" of 13.06.1996 N 63-FZ (an edition of 27.12.2018) (with amendment and additional, joined in force from 08.01.2019)
5. Decision of the plenum of the Supreme Court of the Russian Federation from 26.12.2017 N 56 \"on the application by the courts of legislation on matters related to the recovery of alimony\" 6. The Civil Code of the Russian Federation, part 3 (the RUSSIAN CIVIL CODE h 3) from November 26, 2001, no. 146-FZ 7. Volkov, a. m. fundamentals of law for colleges: tutorial for SBO\/a. m. Volkov, e. a. Ljutjagina; under Gen. Ed. A. M. Volkova. — М.: publishing Harvard Business Press, 2019. -215 p.-(series: professional education). — ISBN 978-5-534-10296-3. — Mode of access: www.biblio-online.ru\/book\/D723D76E-E48A-426D-898C-EADE79C89C48