In cases where it is impossible to achieve payment of child support one parent will receive the allowance for the survivor benefits from the state, according to “Izvestia”. Count on it will be possible in cases where the defaulter fails to find during the year and it will be recognized by court as missing.
In the state Duma a bill amending the Civil procedure code and the law “On enforcement proceedings”, which will be recommended for adoption in the first reading by the state Duma Committee on state construction and legislation, said a member of the Committee Zarif Baiguskarov. According to experts, these amendments will protect the interests of the children if one parent refuses to pay child support.
The draft law provides that the payment of benefits for loss of breadwinner will be implemented by the state, if the deadbeat dad is missing and is exhausted all the possibilities for its investigation during the year. The decision will be taken by the court on the basis of materials of the service of judicial bailiffs.
In the explanatory note to the document States that currently, such a decision can be made only in those cases where the tracing of the defaulter of the alimony police. At the same time, the police very often refuse to accept such applications, explaining that such matters are the responsibility of the bailiff service. It is noted that the police and the bailiff, there are equivalent mechanisms for collecting information on wanted people.
The Federal service of court bailiffs said that at the end of 2016, is wanted over four years was 1101 defaulter of the alimony, the search which yielded no results. According Baiguskarov Zarif to seek a judicial decision on recognition of a person missing in 2016, tried 89 claimants, but was satisfied with only 62 applications. “It turns out that 62 people receive benefits from the state, and the other is not” – said Baiguskarov.
Lawyer Alexander Guruji believes that the bill significantly facilitates the position of the hand, which by the law is the payment of alimony. “The bill obliges the police officers notify the payee about the inability to locate the debtor after a year of fruitless searching. It was not informed, and the bodies of investigation were not obliged to inform applicants about the course of investigation and Executive actions,” he said.
In the case of the adoption of the new law people will not have to go to the police to track down the defaulter of the alimony and achieve their payments. Will also be easier to prove the fact of unknown absence of the debtor, as earlier courts did not have sufficient grounds for such a decision, because the authorities on the investigation, did not give the claimant any documents.
Lawyer Ivan Emelyanov noted that after the adoption of the new law will protect the interests of those who may not seek payment of child support one parent. “Many defaulters of the alimony hidden so well that finding them is not possible. But a pension for loss of breadwinner of children do not receive alimony – you are actually creating a situation that is harmful to the interests of the child”, – he commented the current situation with the payment of alimony.
Experts note that changes in legislation will allow first and foremost to protect the interests of children one of whose parents evades from payment of the alimony. With the entry into force of the new act will quickly settle matters with the payment of benefits for loss of breadwinner.