Application for interest on alimony. Statement of claim for the recovery of a penalty for alimony: in which court to file a claim and what documents are needed. Appeal to the prosecutor's office

When applying to the court on the issue of collecting a penalty for alimony, a Russian citizen must draw up a corresponding application. You can write the document yourself or entrust this matter to an experienced lawyer.

Let's consider how a claim for the recovery of a penalty for alimony is drawn up, and we will tell you what rules exist - and whether there is a ready-made sample application.

Basic rules for writing an application for the recovery of penalties for alimony and debts

A claim to the judicial authorities for the recovery of a penalty for late maintenance payments is statement. It must be drawn up in accordance with the requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation.

Notice that the issue of collecting debts for alimony can be included in the application for a penalty. If this issue was not raised in the lawsuit, then the application is written in free form - and submitted to the bailiff service. It is they who will be engaged in the collection of debts for alimony.

Do not confuse these statements, they are issued in different ways!

Consider what are the basic rules for writing and filing a statement of claim for the recovery of a penalty for alimony.

Follow them and then you won't have any problems:

  1. Adhere to the requirements described in articles 131, 132 of the Code of Civil Procedure of the Russian Federation. In them you will learn more about the claim, its form, as well as the documentation that you will provide to the court.
  2. The application must have a "cap". It is made out on the right side, from above. It contains information about the authority to which you will apply, as well as about the plaintiff and defendant. Be sure to write down the initials, address of registration and residence of the participants in the case, contact information.
  3. The price of the claim can also be indicated in the "header" if you have calculated the penalty.
  4. The title of the document should follow. Write it in full, without quotation marks and a period at the end of the sentence.
  5. Then follows the content of your appeal. You must briefly and clearly state the essence of the problem. Describe when the alimony was assigned to the defendant, in what form - a part or a fixed sum of money, since when he has not paid them, what is the amount of the alimony debt, what is the amount of the penalty.
  6. It is better that the calculation of the penalty was included in the claim. Some make a table, they enter all the important data into it.
  7. Be sure to list your claims. Since the claim is for the recovery of funds, it should be written as follows: “To recover from the defendant (full name) in favor of the plaintiff (full name) a penalty for late payment of alimony in the amount (indicate how many rubles).
  8. If you paid the state fee, then you can demand that the losses associated with the claim fall on the shoulders of the defendant.
  9. Be sure to make a list of documents that you will submit along with the application.
  10. At the end, put the date you filed the claim and your signature.

File the claim in a formal business style. Avoid colloquial expressions, especially offensive ones, in the direction of the defendant.

Late or non-payment of alimony is punishable by law. Proceedings on this issue are underway in the judiciary. This procedure is initiated by filing a claim. Where can I find a sample application for the recovery of a forfeit for alimony? How to fill out a document? Collection algorithm. A sample claim for recovery can be downloaded below in the article. The amount of the state tax collection. These and other aspects related to this issue will be discussed in the proposed article.

Definition of the concept of "forfeit"

The term "forfeit" means any penalties in relation to the payer. In the issue of paying alimony, they are used as a punishment for persons who evade the monthly transfer of these payments.

The verdict on the issue is issued by the judiciary. Despite the fact that the non-payer of alimony is a violator, in a number of situations he will not be held accountable. In particular, a statement of claim for a forfeit on alimony will be rejected by the court if alimony payments were terminated for the following reasons:

  • delay of the payer's salary by his employer;
  • loss of a permanent source of income - in such a situation, the payer must be registered with the employment center;
  • the delay in payment was due to the fault of the banking organization involved in the transfer of funds;
  • the accounting department of the organization in which the payer works was not timely provided with an executive document for the recovery of maintenance payments;
  • the termination of the payment of alimony is justified by the deterioration in the health of the payer - the fact must be confirmed by the relevant documentation issued by the attending doctor of the citizen.

Legislative acts, on the basis of which alimony arrears can be collected by force, are the provisions of the articles of the Family and Civil Code of the Russian Federation.

Important! The recovery procedure is carried out by bailiffs, on the basis of a verdict issued by the court.

Grounds for payment of a penalty for arrears of alimony

The grounds on which a statement of claim for the recovery of a penalty on alimony arrears will be satisfied by the judicial authority are as follows:

  1. The fact of refusal to execute the court decision on the transfer of alimony payments was recorded.
  2. The payer intentionally concealed the following information from the recipient of funds or bailiffs:
    1. Location.
    2. Place of employment.
    3. The amount of income received.
  3. Also, a statement of claim for the recovery of debts and penalties will be accepted if the debtor initially provided the court with false or falsified information about the amount of income received and the place of employment.
  4. Hiding additional income from the court.
  5. The payer did not transfer alimony payments for a certain time, while he was not officially employed or was not registered with the employment center as unemployed.
  6. The payer refused to pay alimony after being brought to administrative responsibility.
  7. An application for a forfeit on alimony will be unequivocally accepted by the court if the transfers of funds have not been made by the payer for four months or more.

Regardless of the reason why the funds are not received by the recipient, whether it is the fault of the payer or third parties, the application for the recovery of a penalty for alimony is considered by the court.

Important! The debt collection procedure can be initiated only by his verdict and nothing more.

Calculation of the amount of the penalty

The calculation of the amount of debt is carried out by compiling a specialized table. It consists of the following columns:

  1. Dates of the periods for which the debt is accrued.
  2. Amounts actually paid.
  3. The value of the amounts due accruals, multiplied by the difference in dates and a coefficient of five thousandths of a unit.

The table is compiled by bailiffs. It is they who are responsible for the procedure for collecting funds from the debtor. Further, the document is submitted to the court along with an application for the recovery of a penalty for alimony drawn up according to a unified model.

The formula for calculating the penalty

The amount of the penalty is half a percent for each day of delay in payments.

The formula for calculating it is as follows:

The amount of the penalty = The amount of the debt * 0.005 * The number of calendar days of delay

If the calculated amount of the penalty does not cover the real losses received from non-payment of alimony, the plaintiff may demand an increase in the calculated amount based on the evidence presented.

The procedure for collecting a penalty

As already mentioned, alimony arrears are collected by FSSP employees. This procedure is carried out in compliance with the following rules and requirements:

  • the debt can be collected for a period not exceeding three years that preceded the filing of the claim;
  • if the transfer of funds was not carried out through the fault of the payer, then the plaintiff has the right to file an application for recovery for the entire period;
  • the amount of debt and penalty is determined by the executive authorities, in this case - bailiffs;
  • debt is calculated in the same manner, both for the main source of income and for additional ones;
  • both the plaintiff and the defendant have the right to draw up and file a petition to appeal the verdict issued by the court within the time period established by the current legislation.

Where to contact the claimant

An application for the recovery of debt on alimony payments is submitted by the plaintiff to the judicial authorities at the place of residence of the defendant. The choice of institution is based on the size of the claim:

  • up to fifty thousand rubles - the world court;
  • over 50 thousand - the district court.

The amount of the state duty

Litigation in matters of alimony payment is an exception to the rule, since the initiation of this procedure by filing an appropriate application does not require the payment of a state tax fee. The plaintiff is exempted from the need to pay the state duty on the basis of the fifteenth subparagraph of the first paragraph of the article of the Tax Code of the Russian Federation under the number 333.36.

Drafting a claim

In order to receive the money due, the claimant must submit an application. To fill it out, no separate form or form is provided, it is drawn up in a free form in compliance with the generally accepted rules for conducting business correspondence. Its sample can be downloaded without problems here. Application for forfeit on alimony - a sample can also be obtained directly from the clerk in court.

The following package of documents is required along with the submitted claim:

  1. A copy of the claim.
  2. Passport or any other document proving the identity of the applicant.
  3. A document confirming the payment of the state fee.
  4. A document confirming the obligation of the defendant to pay alimony.
  5. Documents confirming the amount of alimony and the period of delay.
  6. Any documents confirming the existence of grounds for filing a claim.
  7. Debt calculation.
  8. Calculation of the amount of the penalty.

Filing a statement of claim for the recovery of debts on alimony and penalties

The application and all attached documents are submitted together with copies in the number of parties directly participating in the meeting. After the claim is accepted, a date will be set for the hearing, at the end of which one of the following verdicts will be issued:

  • full satisfaction of the requirements for the alimony;
  • partial recovery of the penalty;
  • denial of claims.

Deadlines for filing documents for the recovery of a forfeit on alimony arrears

The limitation period for the amount of the penalty depends on the fact of the presence or absence of deliberate evasion of the payment of the prescribed alimony. If the debt arose through the fault of the payer, then the debt is collected in full, regardless of its term. In other situations, the statute of limitations is three years.

Some problems may arise when filing a claim for damages over a long period of time. In such situations, the judge additionally asks the following questions to the plaintiff:

  • the reason why the initiation of debt collection was not carried out earlier;
  • the purposes for which the funds will be spent (relevant if the application is submitted for alimony payments already in relation to an adult child).

Is it possible to challenge or reduce the amount of the penalty?

A support payer against whom a debt collection claim has been filed may file an appeal against the verdict rendered by the judiciary, regardless of the cause of the debt.

In this case, the term for entry into force of enforcement proceedings will be postponed for thirty calendar days. Satisfaction of the filed complaint, objections to the claims made and the cancellation of the decision made will occur if the debt arose for one of the following reasons:

  • delayed wages by the employer;
  • the occurrence of debt is justified by an error or failure to meet deadlines by employees of the accounting department in the organization in which the defendant works;
  • due to illness;
  • the writ of execution in the case was not transferred to the employer through the fault of the plaintiff or bailiffs;
  • other circumstances beyond the control of the payer.

Important! The obligation to pay a penalty for alimony is assigned to the defendant only if there are grounds for it.

If the debt arose through no fault of his own, then he will be forced to pay only the principal amount, without additional late fees.

The plaintiff, in turn, needs to carefully prepare for the upcoming trial. Check the correctness of the completed application and the calculations of the amounts collected, get the help of highly qualified lawyers, etc.

For delay in payments for the maintenance of children, liability is provided. The parent who allowed it may be forced to transfer the penalty. This is intended to improve its payment discipline in the future.

To receive the due amount, it is necessary to draw up a statement of claim for the recovery of a penalty for alimony. You can entrust this work to specialists or draw up a document yourself using the form.

Let's figure out what is needed to prepare a claim for the collection of penalties in connection with the formation of debt on our own.

Grounds for payment

Art. 115 of the RF IC provides 2 formal grounds for collecting a penalty for overdue maintenance payments.

  1. Penalty for the formation of debt, provided for by agreement between the parents. The collection of a penalty for alimony is carried out in accordance with the rules defined in the text of the contract. The law does not establish a minimum or maximum amount of sanctions applied in the event of debt formation. The calculation method is also set by the parents.
  2. The penalty under Part 2 of Art. 115 RF IC. Penalties on overdue alimony are calculated every day and amount to 0.5% of the amount owed. It is used if a court decision has been made to recover funds for the maintenance of a minor.

Conditions for payment

The procedure for collecting a penalty provides not only formal grounds for filing a claim. To win the case, you will have to give a number of arguments regarding the circumstances of the formation of debt.

  • The claimant must use all procedures to compel the defendant to pay maintenance. If a court order or a decision in absentia serves as an executive document, then the parent may not be aware of his obligations due to non-receipt of the relevant act.
  • Compliance with statute of limitations. It is possible to recover sanctions only for debts formed in the previous 3 years.
  • The payer allowed non-payment due to his own fault. The statement of claim for the recovery of a penalty for alimony will be satisfied if the claimant proves that the defendant has the ability to pay.

Guilt can be confirmed by the following signs:

  • an explicit refusal to pay money for the maintenance of a child;
  • attempts to hide their whereabouts;
  • withholding earnings;
  • bringing to administrative responsibility or criminal prosecution;
  • a long period when there were no transfers;
  • the presence of warnings of the bailiff about the possibility of initiating a criminal case.

Collection procedure

Penalty calculation

When filing an application, the plaintiff must know who calculates the amount of the penalty. It is a common misconception that such an amount is determined by the judge.

When submitting an application for the recovery of a penalty for alimony, the parent must calculate its size and reflect the calculations in a separate document (Article 132 of the Code of Civil Procedure of the Russian Federation). The court will not accept a link to an online calculator, so the plaintiff will have to put all the arithmetic operations on paper.

H \u003d D * P * S, Where

  • H - the size of the penalty;
  • P - daily percentage;
  • C is the delay period.

If several monthly payments are overdue, then the penalty must be calculated for each of them and the resulting amounts added up.

Consider an example of calculations for the following situation. The last time the payer transferred the alimony established by the court decision was in March 2017. According to bailiffs, the debt for April amounted to 13 thousand rubles, for May - 14 thousand rubles and for June 13 thousand rubles. The claim is filed on June 30, 2017.

First, we calculate the penalty for each of the months separately.

  • For April payments, it will be: 13,000 rubles * 0.5% * 91 days (number of days of delay) = 5915 rubles.
  • According to May - 14,000 rubles * 0.5% * 61 days = 4270 rubles.
  • For June - 13,000 rubles * 0.5% * 30 days = 1950 rubles.

To check the correctness of the calculations, you can use the calculation calculator.

You can use another method and determine the penalty in each month. To do this, add the current debt and multiply it by the rate used and the number of days.

  • In April, the penalty will be 13,000 rubles (the amount of the debt) * 0.5% * 30 days = 1950 rubles.
  • In May - 27,000 rubles * 0.5% * 31 days = 4185 rubles.
  • In June - 40,000 rubles * 0.5% * 30 days = 6,000 rubles

As a result, we get the same amount: 1950 + 4185 + 6000 = 12135 rubles.

Drawing up a claim

Particular attention should be paid to the claim for the recovery of a penalty for alimony. This document should include a number of mandatory elements.

  1. The name of the court that will consider the application for the recovery of forfeit on alimony. Jurisdiction is defined in Art. 23 and 24 Code of Civil Procedure of the Russian Federation. It depends on the amount of claims. If the penalty for non-payment of alimony is more than 50 thousand rubles, then documents must be sent to the district court. In other cases, the case will be considered by a justice of the peace.
  2. Information about the plaintiff and defendant. They must include full names, as well as addresses and contact numbers.
  3. descriptive part. The plaintiff must state the essence of the case and his arguments (the existence of grounds and conditions for charging penalties). They must be based on the attached evidence.
  4. Claims for the recovery of a penalty due to the formation of debt.
  5. Signature and date.

For convenience, you can use the sample application below.

A number of documents must be attached to the application:

  • a copy of the claimant's passport;
  • a copy of the birth certificate of the child entitled to alimony;
  • a document on the basis of which the defendant's funds are withheld (notarial or settlement agreement, court order or decision);
  • calculation of the debt of the defendant, signed by the bailiff;
  • calculation of the penalty, made by the plaintiff;
  • all available documents confirming the guilt of the defendant.

The plaintiff in such cases is exempted from paying the state duty, therefore, a receipt is not required to be attached.

Submission and acceptance of a claim

Documents are transferred in 2 copies (one of them is intended for the defendant). The applicant can hand them over to the court office, specifying the reception day and hours in advance, or send them by mail with notification. In case of personal surrender, it is necessary to put a mark on the acceptance of documents by employees of this institution.

The judge will review the application and schedule a hearing. The parties will be notified of its date by mail. You can find out this information faster if you regularly call the office.

If the plaintiff forgets to attach the necessary documents, the judge will leave the application without movement and provide a period for correcting the shortcomings.

Consideration of the case

During the trial, the plaintiff will have to prove the defendant's fault in the formation of the delay. Jurisprudence does not involve placing the burden of proving the contrary on the other party. To increase the likelihood of making the necessary decision, it is recommended to contact a lawyer who specializes in family matters.

The trial will end with one of the following outcomes:

  • requirements will be fully satisfied;
  • the penalty will be partially recovered;
  • claimant will be denied.

During the meeting, there are additional ways to put pressure on an unfair defendant.

  1. Initiation of attraction to (penalties).
  2. Expansion of claims through the recovery of damages. The plaintiff will have to prove that it arose through the fault of the parent and its size is not covered by the penalty.
  3. If there are signs of a crime, you can contact law enforcement agencies. In this case, the defendant may be deprived of liberty.

Can penalties be disputed or reduced?

Regardless of the arguments and evidence, the defendant may file an appeal on formal grounds. This will only delay the entry into force of the court decision (30 days from the date of adoption).

If the defendant intends to defend his interests, then he will succeed in a number of cases.

  1. With delays in payment of wages.
  2. If the delay occurred due to the fault of the accounting department, which did not withhold alimony.
  3. With the illness of the parent, which did not allow to earn.
  4. If the plaintiff did not transfer the writ of execution to the bailiffs or the employer.
  5. Under the action of force majeure (catastrophes, natural disasters).

case from judicial practice

Judicial practice proceeds from the fact that the defendant should also provide evidence to reduce the amount of the penalty or refuse to apply it.

An example is the decision of the justice of the peace of the Leninsky district of Saratov in case 2-428/2017, adopted on April 24, 2017. The basis for the recovery of a penalty for alimony in full was not only the position of the plaintiff, but also the absence of the defendant, who did not present arguments in his defense.

For your convenience, all information is provided in video format.

To recover a fine on alimony, it is necessary to carefully prepare documents, including the calculation of the amount. Evidence must also be presented that confirms the debtor's guilt.

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Child support is money that a parent must pay to provide for their minor child. In this case, the payer can be both a parent who has left the family, and actually living with the child, but evading his parental duties.

IMPORTANT: In addition to compulsory collection, a citizen can pay alimony voluntarily by entering into an agreement on the payment of alimony with the second parent. If a claim for the recovery of alimony payments was filed, then the parent will have to pay alimony by court order

.

However, not every parent conscientiously fulfills the terms of the contract or court decision and pays child support in a timely manner. As a result, debt accumulates, and the second parent has the opportunity to collect also a penalty for the amount of unreceived alimony.

In what cases is a penalty for alimony considered?

In accordance with the Family Code, the alimony payer must transfer funds for the maintenance of a minor child on a monthly basis. If, due to the fault of the payer, the child does not receive such payments, then the recipient of the alimony (the parent with whom the child lives or the guardian) can recover from the unscrupulous parent the alimony arrears and the amount of the penalty.

Please note: All damages related to the late payment of alimony, which were not covered by the penalty, are also subject to recovery. But they will need to be substantiated in court.

The collection of a penalty is an effective method of dealing with non-payers, but only if they have a permanent source of income to pay the debt. Judicial practice shows that decisions are made in favor of the recipient of alimony, since the law fully protects the interests of children.

Types of penalty

The law provides for two types of penalties for alimony payments:

  • Legal forfeit. According to the RF IC, the amount of the specified penalty is 0.5% of the amount of unreceived alimony and is calculated for each day of delay.
  • Contractual penalty. Applies if the parents enter into an agreement on the payment of alimony. In the agreement, the parties may stipulate the amount of the penalty in case of violation of obligations by the alimony payer (including in case of violation of payment terms). Any amount of the penalty can be specified - by agreement of the parties.

IMPORTANT: If the agreement does not specify the amount of the penalty, then the penalty by law cannot be applied to the legal relationship under the agreement.

The penalty begins to accrue from the last day when the person had to fulfill the obligation and continues to operate until their full repayment.

How to fill out an application correctly

Collection of debts for alimony and penalties is carried out through the court by filing an appropriate statement of claim. In principle, the applicant can also draw up a claim on his own, taking as a basis a sample from the Internet, but since each situation is individual, legal assistance from a specialist may also be required.

Our lawyers are ready right now and completely free of charge to advise you on filing a claim for the recovery of a forfeit on alimony payments.

Form and content

There is no fixed form of the claim. However, there are some requirements for the preparation of this document that must be followed so that the claim is not returned to the applicant.

The main provisions and content of a typical claim are set out in Art. 131 Code of Civil Procedure of the Russian Federation, Art. 132 Code of Civil Procedure of the Russian Federation lists the requirements for the attached documents.

The structure of the claim is as follows:

  • Name of the court, address;
  • Details of the plaintiff and defendant (full name, address of residence, contact details);
  • The amount of the claim, an indication of the exemption from the state duty;
  • Descriptive part (description of the circumstances of the case, calculation of the amount of the claim (debt, penalties);
  • Grounds for the claim (indication of legal acts confirming the claims of the plaintiff);
  • The pleading part (the plaintiff's demand for the restoration of violated rights);
  • List of attached documents;
  • Date of filing of the claim and the signature of the applicant.

Important: The statement of claim is submitted in 2 copies, since the second copy must be sent by the defendant. Copies of documents to be sent to the defendant must also be attached in two copies.

Sample letter of request for recovery of alimony

The presented sample does not contain the calculation of the penalty, which is desirable to be drawn up on a separate sheet with a phased indication of the debt for each period of delay.

Where to file a claim?

A claim for the recovery of a debt for alimony and a penalty is filed with the magistrate who made the decision to recover alimony or at the place of residence of the defendant.

The plaintiff must send an application to the body at the place of residence of the defendant in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.

As a general rule, the justice of the peace considers statements of claim, the amount of which does not exceed 50 thousand rubles. If the price of the claim is more than this amount, then the case will not be considered in the city, district court - the amount of claims in the recovery of alimony does not matter.

Attached documents

When applying to the court to draw up a claim, you will need to collect some documents confirming the stated circumstances.

Will be needed:

  • Claimant's passport;
  • Defendant's passport (if any);
  • Birth certificates of the child;
  • Agreement on the payment of alimony or a copy of the court decision;
  • Receipts of the last payment received;
  • Help from their FSSP on the amount of debt;
  • Power of attorney to represent interests (if the claim is filed by a proxy).

Copies of these documents are a mandatory attachment to the statement of claim. Without them, the court will not be able to consider the case.

State duty

Many citizens are interested in: how much the procedure for collecting a penalty for alimony will cost.

Recovery of a penalty for late payment of alimony is one of the ways to protect the rights and interests of minor children. Claimants in cases on the protection of the rights of minors are exempted from paying the state duty when filing a claim. This rule is provided for in paragraph 15 of paragraph 1 of Art. 333.36 of the Tax Code of the Russian Federation.

As a general rule, the amount of the state duty for filing an application for the recovery of alimony is 150 rubles, but since the plaintiff does not pay it when applying, this amount will be recovered from the defendant following the results of the case.

When You Need a Lawyer

The help of a lawyer in the case of the recovery of maintenance payments and penalties may be required at any time.

  • First, family disputes are not resolved as easily as it seems at first glance. Before filing a claim for the recovery of a penalty, it is necessary to study in detail the agreement on the payment of alimony or a court decision, as well as correctly calculate the amount of debt and penalties. It is advisable to at least get advice from an experienced human rights activist in order to know the prospects of the case. In addition, it is important to correctly draw up a lawsuit in court, since an illiterately executed statement of claim can be returned by the court.
  • Secondly, if the applicant for some reason cannot personally go to court, then a representative can do this for him if he has the appropriate authority. Of course, it is better if it is a person with legal knowledge and skills in conducting cases in court.

Our experts are ready to advise you right now and completely free of charge. It's enough just to ask for help!

  • Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
  • Your legal problem in 90% of cases is individual, so self-protection of rights and basic options for resolving the situation may often not be suitable and will only complicate the process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Justice of the Peace
court district No. _______
_________________
Claimant:
_________________,
residing at:
_________________
Respondent:
_________________
residing at:
_________________

STATEMENT OF CLAIM
on the recovery of a penalty in connection with the formation of arrears in the payment of alimony

Years, the Magistrate's Court ruled to recover alimony from the full name, hereinafter referred to as the "Defendant", in favor of the full name, hereinafter referred to as the "Plaintiff", alimony in the amount of _______ percent of the Respondent's earnings and other income for the maintenance of the minor full name, year of birth.
On _______________ of the year _______________, the district department of bailiffs, according to the writ of execution No. ____________________ dated _______________, initiated enforcement proceedings No. ________________.
_____________, the bailiff at the request of the Claimant in accordance with Art. 113 RF IC carried out the calculation of the Respondent's debt.
As of the date of determining the amount of the debt by the bailiff, the amount of the debt amounted to ______ rubles ____ kopecks. (monthly for __________ rubles ________ kopecks).
Information about income, documents on the payment of alimony by the Defendant was not provided to the bailiff.
In accordance with paragraph 2 of Art. 115 of the Family Code of the Russian Federation, when a debt is formed due to the fault of a person obliged to pay alimony by a court decision, the guilty person pays a penalty to the alimony recipient in the amount of one second percent of the amount of unpaid alimony for each day of delay.

In connection with the disastrous financial situation of the Claimant, caused by the Defendant's evasion from paying alimony, I ask you to grant the Claimant a deferment (release) from paying the state duty.
In addition, because a penalty is a sanction related to the failure to fulfill the main obligation, where the main obligation is the obligation to pay alimony in favor of the child, i.e. the protection of the rights and interests of the child, the Claimant has the right to exemption from payment of state duty according to paragraph 2 of part 1 of Art. 333.36 of the Tax Code of the Russian Federation and paragraph 15 of Part 1 of Art. 333.36 of the Tax Code of the Russian Federation.

In connection with the foregoing, guided by Art. 113, 115 of the RF IC, I ask the world court

1. Collect from the full name of the Respondent in favor of the full name of the Claimant a penalty for non-payment of alimony by a court decision of __________ year in the amount of ____________ rubles.

Appendix (copies, originals will be presented at the court session)
1. Marriage certificate.
2. Certificate of divorce.
3. Birth certificate
4. Magistrate's decision
5. Document on the calculation of the debt by the bailiff.
6. (preferably) Documents confirming severe fin. position (certificate from the accounting department about a small salary, etc.)
7. Calculation of the amount of the penalty
8. Copy of the application, calculation for the defendant

Name of Claimant _____________________________

Appendix to the claim

Calculation of the amount of debt.

(sample)

Month

Qty. days

Qty. days of delay

Amount owed

Bid
(1/2 percent or 0.005)

Amount (3*4*5)

September 2009

2 736, 44

0, 005

2 093, 38

October 2009

2 736, 44

0, 005

1 682, 91

November 2009

2 736, 44

0, 005

1 258, 76

December 2009

2 736, 44

0, 005

848, 30

January 2010

2 736, 44

0, 005

424, 15

Total:

Name of Claimant _______________________