MOSCOW – Obtaining child support from a parent who is unemployed or whose official income falls below the subsistence minimum is possible through a court order and the subsequent involvement of the bailiff service. This was explained by Tatyana Kuzminova, a lawyer and managing partner at KuzminovaVpravo Legal Group.
Kuzminova highlighted that if a parent neglects their child support obligations and shows no willingness to find employment, the other parent should file a lawsuit with the district court where the respondent is registered. This lawsuit aims to recover child support as a fixed monetary sum.
“The court will determine a fixed monetary amount, which will be no less than one child`s subsistence minimum, and potentially more. In court, it will be necessary to justify why, for instance, twice the amount is required for the child. For example, in Moscow for the year 2025, one child`s subsistence minimum is 20,663 rubles. The court`s decision will also include a mandatory provision for future increases in child support through indexation,” the lawyer stated.
After obtaining the court`s decision and the writ of execution, the next crucial step is to approach the bailiff service. Bailiffs have comprehensive access to information about the debtor from various official sources, including the tax authority, the social insurance fund, and Rosreestr (the Federal Service for State Registration, Cadastre, and Cartography). This broad access allows them to uncover details about all the debtor`s accounts, deposits, other forms of income, and both movable and immovable property. Such assets can be seized and liquidated to fulfill child support payment obligations.
“If the debtor is unemployed but actively seeking work and registered with the employment service, child support payments will be deducted from their unemployment benefits. However, if the debtor is employed but their salary is significantly below the subsistence minimum, the claimant should contact the labor inspectorate to request an inspection of the organization. This requires the claimant`s active participation, as this specific action is not within the direct scope of the bailiffs` standard powers. A successful outcome in such cases relies heavily on a strong collaboration between the claimant and the bailiffs, rather than the misguided notion of expecting bailiffs to handle everything independently,” Kuzminova emphasized.
The lawyer further clarified that even if an able-bodied individual is not registered with the employment service, bailiffs are empowered to enforce compulsory measures. “Administrative arrest, compulsory labor, and clear explanations regarding potential criminal charges are effective in compelling even the most recalcitrant non-payers to comply. For the average person, these measures might seem like abstract legal terms on paper, but their true impact becomes evident once they are comprehensively implemented,” she concluded.
