Lawyers explained whether the mobilized should pay alimony

But is there any sense in this? The bailiffs explain that the debts for the children of a woman will not be knocked out in this way. There are certain legal loopholes that help negligent fathers legally temporarily step away from their financial responsibilities.

Irina – 37. Daughter – 14. She did not see her ex-husband for about seven years. We talked on the phone for the last time – about four years.

“The last time he called when Dasha was ten. He promised to come to visit, bring a gift – and again to meet, – she is indignant.

The spouse pays alimony regularly – but from the official salary, which is slightly more than the minimum wage.

And although the gossips constantly “bring on the tail” that the former changed his car, went to rest in an expensive resort, the law is the law – he must give 25% of what is affixed to the bank documents for salary, period.

She says that she did not believe that one day justice would be achieved. And here – SVO.

When partial mobilization was announced, Irina experienced a feeling of deep satisfaction. “I’m very happy. Not only will he finally repay his debt to his homeland, but now he will also pay alimony from his military allowance, which will come to his card, therefore, you can’t hide it, ”she is sure. He says that he expects about 50 thousand rubles a month …

… When a Muscovite Nadezhda came home from the military registration and enlistment office, she gladly signed the summons and told the visitors the place of her husband’s permanent residence, where he can always be found. They are also divorced, but the former remains registered in their common apartment. He does not pay his share of utilities. I forgot about alimony for my 9-year-old son. Lives with a new common-law spouse.

“He has been in debt for several years. I can’t knock them out. For some reason, the bailiffs do not want to look for him, although she indicated his address, and where he works, and wrote complaints – it’s useless. Unlike the bailiffs, the military thanked me and said that they would make every effort to contact him. And for some reason I believe them.

Nadezhda hopes that the now mobilized spouse will finally pay off all the bills – he will have official income, therefore, he will be able to pay off his debts. “Debt by payment is red,” she shrugs.

Another high-profile exposure took place in Moscow at the end of September. His wife Maria turned to the police with a statement against her ex-husband, 30-year-old Kirill. The woman told the guards that the unbeliever was hiding from mobilization in the country. Maria gave Kirill’s contact details to the security forces: phone number, actual address.

In response, the discovered Cyril complained that he had divorced his former beloved woman 4 years ago, that the ex-wife was trying to harm him. He added that he has not yet received a summons, he is not on the lists for mobilization, but, if necessary, he is ready to go to serve under the contract.

“It doesn’t matter to me whether he is mobilized or not, but since we have a young child in whose upbringing he does not take part, let him be influenced at least in this way. My main goal is to deprive him of parental rights, ”Maria told reporters.

Another similar story was shared on social media. The mother was going to take her son and daughter abroad, the ex-husband, out of spite, imposed a notarial ban on leaving. In response, she handed him over to the military commissar.

“The summons came to her place of residence, the man himself rents housing,” friends of the broken family say.

Well, revenge is a cold dish. And offended Russian women can be understood. Alas, most likely, their dreams of returning will not come true for a long time. This is our legislation.

The fact is that men who were called up for military service as part of partial mobilization will be temporarily exempted from paying all debts, including alimony.

As the media reported in the press service of the bailiff service, if a citizen who was mobilized has open enforcement proceedings for all types of debts – from alimony to unpaid loans, then he can apply for their suspension for the period of service.

Of course, sooner or later, he will have to pay – but first he must return home with a victory.

“Mobilized people need to submit an application as soon as possible in order to exclude the write-off of funds and blocking of accounts. This can be done right at the recruiting office in the military registration and enlistment office or personally go to the bailiffs department, you can also send an application by e-mail to the GUFSSP of Russia in your region, ”the lawyers say.

If the mobilized did not have time to submit such an application, the closest relatives, for example, a new wife, can do this for him. Which, of course, has its own financial interests. However, some women sincerely admit that, even despite the disgusting relationship with their former spouses, they are not ready to get into their lives, to become “frosty pavliks”. “I had two husbands. The first one does not pay money for the eldest daughter and does not communicate with her, the second one pays regularly and communicates well with the younger one, – says 42-year-old Natalya R. from the Moscow region. – But at the same time, I understand that I do not want and will not harm the first. God be his judge! And the second said that he was ready to volunteer. If he is gone, what payments can we expect? After all, he also has a different family and other children.”

Everything is pretty standard here.

“According to the Federal Law of November 7, 2011 N 306-FZ “On the monetary allowance of military personnel and the provision of separate payments to them,” if a mobilized person died, then children from the first family are also entitled to all the posthumous payments due,” says lawyer Marina Silkina. – Family members of a serviceman, a citizen called up for military training, or a disabled person due to a military injury, who are entitled to receive a one-time allowance provided for by part 8 of this article and a monthly monetary compensation established by parts 9 and 10 of this article, regardless of whether the deceased is dependent (of the deceased, missing) the breadwinner is considered: children under the age of 18, or older than this age, if they became disabled before they reached the age of 18, as well as children studying in educational organizations full-time education – until graduation education, but not more than until they reach the age of 23 years.

But since no one has yet applied these norms in practice, lawyers believe that everything will be tested live in real time. So some experts believe that the credit holidays of the mobilized should not affect their offspring in any way – they still have to continue to pay alimony. Children are sacred.

Read also: “Experts explained the effect of the amendment to defer mobilization for fathers of three children”