Child support debt, deprivation of driver's license

Revocation of driver's license for failure to pay child support

On January 15, 2016, Federal Law No. 340 of November 28, 2015 came into force in our country. “On amendments to the Federal Law “On Enforcement Proceedings” and certain legislative acts of the Russian Federation.” This is another measure designed to ensure the execution of court decisions on payments for satisfied claims and traffic police fines. According to this Law, persons who have not complied with a court order to pay alimony, penalties in connection with a crime, or compensation for damage caused may be deprived of the right to drive vehicles until the debt is paid.

The introduction of such amendments to the law is fully justified: in Russia, under these articles, a huge number of payments to citizens and the budget are overdue. As practice has shown, the introduction of such restrictive measures at the federal level (for example, limiting the ability to travel abroad) leads to replenishing the deficit. These are the peculiarities of the mentality of Russian debtors - only the threat of losing some opportunities can stimulate payment.

Deprivation of rights for alimony debts

The law significantly expands the scope of actions of bailiffs to ensure the execution of decisions of the justice authority. If the court issues a writ of execution, then failure to pay alimony obligations on time may result in the imposition of restrictions on the debtor. In the absence of a court order, the bailiff can independently initiate legal proceedings or advise the plaintiff on the need to go to court.

Thus, the bailiffs can issue a decision to suspend the debtor’s rights to drive a vehicle. It does not matter whether the defendant has a personal car, yacht, boat, motorcycle or airplane - according to the decision, he is deprived of the right to drive these vehicles in general, and not just personal ones.

Conditions for revocation of a driver's license

The main condition is the presence of arrears on alimony obligations.

The amount that can serve as the basis for issuing a decision on deprivation of the right to drive a vehicle is 10,000 rubles.
The next mandatory condition is a court order to collect unpaid amounts or the presence of a writ of execution, according to which payments must be made and a statement from the plaintiff about the absence of payments due for a certain time, indicating the amount of debt.
And the last point is the absence of legislative prohibitions on the use of this administrative measure.

The calculation of debt amounts is cumulative. This means that when the plaintiff applies for non-payment of alimony for a certain month, even if the amount of the debt is less than 10,000 rubles, a check is carried out for the presence of other unpaid debts: traffic police fines, payments in connection with the offense committed. If the total amount is more than permissible, the right to drive vehicles may be restricted.

Who cannot have their driver's license revoked?

The impossibility of applying this administrative measure is determined by several reasons.

A driver's license is used in the performance of professional duties, and therefore is a means of life support. At the same time, it is not enough to simply say that the driver provides taxi services privately - there must be a document confirming this fact: a certificate of education as an individual entrepreneur. When working for hire, you must present a contract or work book.
The use of a car by the defendant is the only opportunity for him and his family members to travel for domestic and professional needs - the place of residence is located away from public transport routes.
The defendant is disabled or there are people in the family with disabilities of groups 1-2 or a disabled child.
A deferment on payments has been imposed on the debt - supporting documents must be presented.

Procedure for suspension of rights

Court documents are transferred to the bailiffs to initiate enforcement proceedings after the expiration of the deadline for voluntary repayment of debts. In judicial practice, the voluntary payment period is usually determined at 60 days, but in the case of overdue alimony, the terms may be different - at the discretion of the judge. In any case, this should not come as a surprise to the defaulter: at least he was summoned to court over non-payment of child support. Whether he participated in the trial or not is another matter; it is the choice of a negligent parent. But, once started, the machine of judicial proceedings stops only after the execution of the court order. And opposition to its decisions entails new sanctions against the violator.

After accepting the case for proceedings, the bailiff notifies the defendant about this by any means available to him: by letter, including by email, orally by telephone, or by means of a written message to a mobile phone. The transmitted information proposes to repay the debt within five days and present supporting documents to the SSP. It is also reported that if the requirements are not met, the debtor faces restrictions on the use of rights to drive transport. A time and day are set for receiving payment documents, as well as documents that impede the application of this enforcement measure.
In the absence of feedback from the debtor, a decision is made to restrict the right to drive vehicles until the amount of the debt is paid.
On the same day or the next, bailiffs ensure that the defendant is familiarized with the decision. A conscientious defendant himself comes to the bailiff service and signs. Bailiffs can meet with the defendant on his territory - at home or at work. Not everyone wants their colleagues and neighbors to know about debts and penalties, so in most cases public proceedings can be avoided. Traffic police officers can also help: they will inform the elusive defendant about the penalty imposed on him and send him to sign the resolution. After signature, the document comes into force.

With this administrative penalty, the driver's license itself is not confiscated. The right to drive vehicles is suspended and restored after debts are paid. If employees of the bailiff service or the traffic police demand to give up a document, or confiscate it - this is illegal, you need to require the drawing up of a protocol confirming the fact of confiscation with an explanation of the reasons.

The decision to restrict the right to drive is transferred to the traffic police, and from that moment the debtor should not drive.
If the resolution is violated, Article 17.17 of the Code of Administrative Offenses of the Russian Federation comes into force. This offense is punishable by administrative work for up to 50 hours or deprivation of a driver's license for 1 year.

Procedure for restoring rights

When paying debts, the driver is obliged to notify the bailiff service.

Supporting documents must be presented. In the case of alimony, this may be an extract with data on the transfer of funds to the plaintiff’s bank card, as well as a receipt for receipt of cash - the receipt is written personally by the recipient in the presence of a bailiff or certified by a notary. If the alimony arrears were compensated to the plaintiff by the state, then a receipt for payment to the treasury is presented. When paying by receipt, you must ensure that the document is filled out correctly at the bank. The most significant element of the receipt, besides the amount deposited, is the UIN - a unique accrual identifier. It is by this name, and not by the name of the person who paid, that the payment and the offense are identified. If the document is filled out incorrectly, the payment may be lost, the execution of the document will not be reflected in the databases, and its recovery will take time.
The bailiff checks the documents and removes the restriction.
A message is immediately sent to the traffic police about the termination of the ban on driving.
The defendant is also issued a corresponding resolution.

During the first time after the restrictions are lifted, checks on the roads by traffic inspectors are possible, because The administrative machine is not always mobile enough, and changes to the database do not arrive as quickly as we would like. Therefore, the bailiff’s order must always be carried with you.

Timely payment of funds for the maintenance of children is the direct responsibility of parents, a manifestation of care and one of the ways to participate in the upbringing of the younger generation. Suspension of payments is an infringement of the rights of the child and the parent living with him, a crime punishable by law.

In many countries around the world, such restrictions for alimony debtors are a common and well-established practice.

In addition to arrears of alimony, other debts can also serve as grounds for suspension of a driver’s license: traffic police fines, penalties and compensation for criminal offenses, and some others. Debts on bank loans and utility bills are not yet included in this category.

Revocation of driver's license for failure to pay child support

This is the second year that the law “On Amendments to the Federal Law “On Enforcement Proceedings” has been in force, according to which, for outstanding alimony debt, debtors are subject to a new administrative penalty - deprivation of the right to drive a vehicle.

Such a strict measure is intended to increase the efficiency of enforcement proceedings if the alimony debt exceeds the amounts specified in the law and, therefore, is protracted. According to statistics, at least a third of alimony payers constantly use their own vehicle (car, truck, watercraft), which means that the threat of losing their driver’s license encourages them to pay off debts much faster than other interim measures provided for in the Code of Administrative Offences.

Note! Deprivation of the right to drive a vehicle is not the same as the seizure of property (vehicle) owned by the debtor for subsequent sale at auction and payment of the debt.

Are rights deprived for failure to pay child support?

Yes, you can lose your driving privileges for failure to pay child support. However, there must be a basis for this - unfulfilled or untimely fulfilled alimony obligations in accordance with the executive document (court decision or alimony agreement). The bailiff who conducts enforcement proceedings has information about this.

Is it possible that every owner of a truck or car risks being left without a driver's license if he does not pay child support on time?

The law provides for conditions under which deprivation of a driver's license is possible:

The amount of alimony debt has reached 10 thousand rubles (a smaller debt does not entail the application of this administrative sanction);
Failure to fulfill alimony obligations (by court decision or agreement) is intentional - if the alimony payer was notified of the existence of a debt and the need to repay it, but did not fulfill the obligations. If there are good reasons for non-payment of alimony (illness, financial difficulties, other circumstances), the rights of the alimony payer will not be taken away.

Who cannot have their driver's license revoked for child support debt?

We mentioned above that not every debtor can be deprived of a driver’s license, but only those who meet the above conditions.

In addition, the law provides for restrictions: certain categories of citizens cannot be held accountable for this measure. So, deprivation of a driver’s license for alimony debt is impossible if...

The amount of alimony debt does not exceed 10 thousand rubles;
The alimony payer, in accordance with the established procedure, is provided with an installment plan or deferment to fulfill debt obligations;
Deprivation of a driver's license will deprive the alimony payer of a source of income if driving is required for work or business activities (taxi, cargo transportation);
A vehicle is the only way to ensure the livelihoods of the alimony payer and his family members if they live in a remote area with poor infrastructure;
The alimony payer is disabled;
The alimony payer is supported by a disabled person of group 1 or 2, a disabled child.

To avoid misunderstandings, the alimony payer should always have with him documents that confirm one of the above circumstances, which prevents administrative liability for alimony debt. This may be one of the documents: a bailiff’s certificate on the amount of alimony debt, a court order on installment or deferment of debt payment, a disability certificate, etc.

This document must be attached to the application for lifting the restriction on the right to drive a vehicle, which is submitted to the bailiff in the event that an administrative sanction was imposed without reason.

How to deprive a child support debtor’s driver’s license?

The new law has significantly expanded the powers of SSP officials - now they can, on their own initiative, without going to court, make a decision to deprive or restrict the debtor of the right to drive a vehicle. For this, of course, there must be grounds - a writ of execution and unfulfilled alimony obligations under the writ of execution.

The procedure for deprivation of rights consists of the following sequential actions:

After the opening of enforcement proceedings, the bailiff sends a written notification to the alimony payer - he offers to voluntarily fulfill obligations within a 5-day period and submit a document confirming payment, otherwise administrative measures may be applied to him;
If the requirements of the bailiff are not met on time, he issues a decision to bring the alimony payer to administrative responsibility, and sends copies of the decision to the parties - the payer and recipient of the alimony, as well as the traffic police agency, which enters the data into the database - after which the driver loses the right to drive.

Note! Bringing a debtor to administrative liability does not relieve him of his obligation to repay the debt.

Restoring the right to drive a vehicle

You can restore your right to drive a car and get your driver’s license back only after the alimony debt has been fully repaid. A document confirming payment (a copy of a receipt, a check, a bank statement, a receipt for receipt of cash - it is better to keep the original document with you) should be provided to the SSP - the bailiff who is conducting enforcement proceedings.

The fact of payment is verified by the bailiff within 1 day after receiving a copy of the document confirming payment from the alimony payer. After this, a decision is made to lift the ban on driving the vehicle. The resolution is sent to the alimony payer, as well as to the traffic police to enter the relevant data into the database.

A driver who has received a driver's license again is advised to have a bailiff's order with him. The fact is that changes to the traffic police database do not arrive as quickly as we would like, so misunderstandings are possible during roadside checks.

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Revocation of driver's license for failure to pay child support

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The main task of enforcement proceedings is the timely execution of acts issued by judicial and other authorities in order to fully protect the violated rights and interests of individuals and legal entities.

At the same time, judicial acts, notarial agreements and other documents with executive status may relate to obligations:

for the payment of funds in the established amount (both the agreed monthly amount and as a percentage of total income), for the maintenance of children remaining after a divorce from the ex-spouse (husband) and other requirements directly related to raising a child;
compensation for damage caused by guilty actions to the health of other people;
compensation for harm caused that has a direct cause-and-effect relationship with the death of the breadwinner;
compensation for moral suffering or property damage;
for the payment of fines issued for administrative violations (for example, traffic offenders who are negligent in the rules of storing, carrying weapons or their illegal acquisition and other special rights).

The dishonest attitude of individual citizens towards the voluntary fulfillment of the requirements of enforcement documents within the prescribed period led to the adoption of the Federal Law No. 340 of November 28, 2015, regulating a number of changes in enforcement proceedings on the territory of the Russian Federation.

Attention! From January 15, 2016, persons with outstanding debt obligations risk receiving a temporary restriction not only on traveling outside the country, but also on using a special right to use vehicles.

Can a driver's license be revoked for failure to pay child support?

According to the norms of the Family Code, both parents are equally obliged to support their children, engage in their development and upbringing.

Despite this, during a divorce, the party with whom the child remains has to seek the collection of alimony from the ex-spouse, most often through the court, although it is possible to conclude a voluntary agreement to pay the amounts due to the child.

For various reasons, individuals avoid fulfilling their debt obligations, even if there is a court decision to pay alimony. Previously taken measures to limit the travel of debtors abroad have a positive trend.

Taking into account the fact that a fairly significant proportion of people who do not pay alimony do not travel abroad, having studied international practice, with the introduction of changes to the law, the rights of bailiffs have been expanded and provide for the possibility of temporarily restricting the control of debtors’ vehicles until the debt is fully repaid.

We must pay tribute to the fact that not everyone is ready to give up the opportunity to drive a car and find means to pay off previously incurred debts.

Important! In accordance with the provisions of Art. 67.1 of Federal Law No. 229, effective in the latest edition of December 5, 2017, we are not talking about the deprivation as such of the document itself, which is a driver’s license.

The debtor's rights to use a special right, that is, to drive a car, are only temporarily limited, but the rights are not actually taken away. The driver's license itself remains with the person who has a debt under writs of execution and other acts providing for the fulfillment of specific obligations within a specified period.

How to revoke the driver's license of a child support debtor

In accordance with legislative norms, if a person voluntarily does not fulfill debt obligations, documents for forced execution are transferred to bailiffs who are authorized to achieve repayment of the debt by all legal means. The decision made by the bailiff is subject to execution within the specified time frame.

Despite the fact that today bailiffs, as a measure of compulsory execution of debt obligations, are given the authority to limit the debtor’s right to drive a car, as practice shows, in order for debt repayment to move forward, it is still the plaintiff herself, in whose favor alimony must be paid, who most often has to worry for child support.

IMPORTANT: So far there is no need to talk about the coordinated operation of the system. There are a lot of excuses about the workload of executive services, lack of time, and others.

Therefore, if you are interested in receiving an amount of alimony debt that exceeds 10,000 rubles and your ex-half has a vehicle that he or she drives, you must:

get an appointment with the bailiff conducting enforcement proceedings on your alimony at the territorial body of the FSSP;
prepare a written petition to hold the debtor accountable under Art. 67. 1 Federal Law No. 229;
submit it with a mark of acceptance and wait for its review.

Within 10 days, the application will be reviewed and measures will be taken to implement it.

Otherwise, you can appeal the specialist’s inaction to higher management or directly to the court, which is a much more effective way.

Note. If the alimony lien arose as a result of failure to comply with the terms of the agreement on the voluntary payment of funds for the maintenance of the child, despite the fact that the document itself is equivalent to a writ of execution, the debtor can be restricted from driving a vehicle only by first filing a claim with the judicial authorities.

Both the bailiff and the interested party have the right to go to court with demands for deprivation. In the latter case, you will need to appeal the actions of the bailiff, since the plaintiff cannot take away the rights. Restricting the right to drive a vehicle in relation to defaulters does not cancel the accrual of penalties.

How to avoid deprivation of rights for alimony

Faced with the risk of losing their driver's license for debts, debtors begin to wonder how to avoid the threat of restriction of their right to drive a car. We can give some advice in this direction.

IMPORTANT: Everyone experiences delays in alimony payments. Financial difficulties, force majeure, additional expenses - all this may temporarily delay the transfer of funds. Unless they are paid directly by the employer. The occurrence of even a small debt of 15-20 thousand rubles does not at all mean that the bailiff will immediately run to restrict your right to drive the vehicle. Typically, this measure is applied to persistent defaulters who have been late in payments for a long time or regularly.

Pay all your debts

To answer the question that worries driving enthusiasts about how not to become one of the persons limited to driving vehicles, one piece of advice can be given - pay your financial obligations on time, no matter:

alimony;
traffic police fine;
compensation for other types of damage caused by your guilty actions to the property or health of third parties.

When filling up gas, stopping at a car service center, racing with the breeze to the sounds of pleasant music in your car, remember about the child who stayed to live with your ex-other half. After all, he needs to be dressed, shod, fed, taken to some section or club for all-round development, and other costs are required.

Do not exceed the amount of debt more than 10,000 rubles

Remember that the bailiff can apply sanctions in the form of restriction of the right to drive only if the debt exceeds the amount of 10,000 rubles. In this case, the actual withdrawal of rights is not provided; only their validity is suspended. Therefore, if you temporarily find yourself in a difficult financial situation, pay off your financial obligations partially, without bringing the debt to the maximum amount that would deprive you of the pleasure of driving your car.

Know the law

If you have one of the grounds when a temporary restriction on the right to use a driver’s license, provided for in paragraph 4 of Art. 67. 1 Federal Law No. 229, having received a bailiff’s decision to apply this enforcement measure, in addition to verbally notifying the bailiff of the violations committed, it is necessary to submit a written application to cancel the document.

An application for lifting (cancelling) a restriction will be taken into account if:

there are documents confirming the need to have a driving license to obtain a livelihood (for example, you work as a driver);
the vehicle is used to realize the possibility of movement of the disabled debtor himself or other persons when disability is established. Also considered are cases of transportation of dependent persons living with the debtor, recognized as disabled people of group I or II, or a disabled child;
there is documentary evidence of the granted deferment or installment plan for the fulfillment of debt obligations, and also if the debt arose through no fault of the payer (for example, due to the bankruptcy of his employer or delayed wages).

Important! Persons who have debts under enforcement documents should be aware that they may lose not only the right to drive a car, but also other vehicles.

aircraft and ships;
inland water transport;
motorcycles, mopeds, other vehicles.

How to find out about debts?

Often payers do not even have information about the exact amount of the debt and the enforcement proceedings initiated against them.
In relation to alimony, this is possible when the payer does not work anywhere, and at the same time is not officially unemployed, believing that collection is not being made. In reality, the bailiff calculates alimony based on the average earnings in the region, which leads to a rapid increase in the amount of debt.

Having access to the Internet, you can check the existence of debt for which enforcement proceedings have been initiated. Use special services for this by going to the official portal of the FSSP or State Services.

Need a lawyer

Those who have encountered the problems of collecting unpaid amounts from debtors ultimately come to the general opinion that no matter how expanded the powers of persons holding such responsible positions in government bodies designed to ensure respect for the rights and interests of citizens, to actually improve the results of their work not reflected.

On the ground, formalism continues to flourish in relation to the performance of their official duties, and sometimes simply dishonesty of bailiffs.

If you are facing restriction of your driver’s license for debts or need to deprive a defaulter of your license, but you don’t know where to start defending yourself, contact our lawyers for a free consultation. Our website specialists will advise you on further actions and give the necessary instructions. They will also help you understand whether there are circumstances in your situation that may preserve your right to drive.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
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Revocation of driver's license for child support debts

Deprivation of rights for non-payment of alimony is a relatively new measure introduced in the Federal Law “On Enforcement Proceedings” several years ago. Thanks to the expansion of powers in terms of action to execute a court decision, bailiffs were able to limit the right to drive vehicles of debtors who do not fulfill their alimony obligations.

Grounds for deprivation of a driver's license for non-payment of alimony

It is worth noting that deprivation for non-payment of alimony is not applied in the traditional form: bailiffs only impose restrictions on the right to use a vehicle. The certificate itself is not confiscated. However, until the ban is lifted, the debtor cannot use his car. If he is stopped on the road by bailiffs or other authorized employees, this will be followed by real deprivation in the form of seizure of documents, but on a different basis, provided for in Art. 12.7 of the Code of Administrative Offenses of the Russian Federation - for driving without a license.

What sanctions might there be?

fine 30,000 rubles;
administrative arrest for up to 30 days;
compulsory work up to 200 hours.

There is no need to actually confiscate the certificate due to the fact that alimony debtors often hide from the bailiffs, so such decisions can be made in absentia.

Despite the fact that the license is not actually confiscated, as in the case of ordinary deprivation, after applying the restrictions, the debtor has no right to drive. If he violates this requirement, more severe measures described above will be applied to him.

On what grounds can FSSP employees apply restrictions:

the total debt for alimony payments is equal to or exceeds 10,000 rubles;
the alimony payer intentionally avoids fulfilling his obligations. Intention is confirmed by the fact of non-payment with timely notification of the existence of a debt, as well as documents from the bailiff about a call for a conversation.

If the debtor has valid reasons for non-payment, the restriction of rights will not apply. Such reasons mean the absence of a permanent source of income after dismissal (not at one’s own request), becoming disabled, having a new dependent, etc. Each case is considered individually, but must be confirmed by relevant certificates.

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If the bailiff is convinced that the alimony payer did not intend to delay payments, upon application he may provide an installment plan for payments.

When they cannot deprive of rights for non-payment of alimony

As mentioned earlier, the bailiff needs compelling reasons to restrict the rights to use vehicles. If the alimony payer has a small debt that was formed unintentionally, this measure does not apply, as well as in other situations:

The amount of debt does not exceed 10,000 rubles;
Deprivation will lead to a significant deterioration in the debtor’s living conditions if he lives far from the city in an area with poor infrastructure and there are other children in his family;
Using a car is the only way to earn money for the debtor if he works in a taxi or is engaged in cargo transportation;
The defaulter is disabled or has other dependent children with disabilities.

However, there are situations when the bailiff is not aware of the existence of valid reasons for not applying restrictions, and still makes an appropriate decision. In this case, the debtor is recommended to come to the FSSP with supporting documents, after which the prohibitions will be lifted.

Let's look at a practical example:

From Nikanorova G.L. the ex-wife collected alimony for the maintenance of a common minor child in a fixed amount - 10,000 rubles. At that time he worked as a manager in an LLC. For several months, the accountant regularly made payments according to the writ of execution, but then the organization experienced a staff reduction, and Nikanorova G.L. fired.

The alimony payer was in debt for six months, but every month he independently paid part of the alimony amount. The amount of debt amounted to 35,000 rubles. All this time he worked as a taxi driver, and his earnings were unstable. He did not hide from the bailiffs, but notifications about the need to repay the debt did not reach him.

One day Nikanorova G.L. stopped by FSSP officers together with the traffic police during a raid on the road, and he learned that his driver’s license was restricted for non-payment of alimony. To lift the bans, the debtor went to the bailiff, providing his work book and documents on employment in a taxi.

The work record in this situation is confirmation of the absence of guilt in the dismissal. If the alimony payer left the company of his own free will, this would not be considered a valid reason. Documents confirming employment in a taxi company as a taxi driver are needed to remove restrictions, because this work is the only source of income for G.L. Nikanorov.

How to deprive a debtor of his rights for non-payment of alimony: step-by-step instructions for debt collectors

The procedure for restricting a driver’s license can be initiated either by the bailiff himself, if more loyal measures towards the debtor were ineffective, or by the claimant, who must receive alimony within the established time frame.

How it looks from the claimant's side:

The recipient of the payments submits an application to the bailiff who initiated enforcement proceedings. This can be done in person at the FSSP department, or through an electronic application form on the official website if you have a personal account or an account on State Services - authorization occurs through the portal.
The application is submitted along with a statement of the bank account to which payments should be received. Thanks to it, the bailiff establishes the amount of debt and the period of non-payment.
If, after studying the documents submitted by the debtor, grounds appear, the FSSP employee sends the debtor a notice of the need to repay the debt within 5 days in order to avoid administrative liability in the form of restriction of a driver’s license. In response, the debtor provides receipts confirming that the debt has been paid.
If the alimony payer does not pay, the bailiff issues a ruling on the application of restrictions, and copies of it are sent to both parties - the claimant and the alimony obligee.

The restrictions apply until the debt is actually paid. If such measures prove to be ineffective, the bailiff has the right to use other, more serious methods of executing the court decision.

How to restore rights after being deprived of alimony

Restoration of rights after the issuance of a restriction order is allowed only upon payment of the debt. If the debtor remains in arrears, the bailiff will not cancel this measure.

What does the debtor need to do in order to use the car and cancel the bans:

Pay off the debt in full and take all the checks. They are needed to confirm the fact of payment. If there are no checks, the bailiff will not legally accept the application to lift the bans.
Make an appointment with the FSSP and come with receipts for payment of debt. An application for lifting restrictions in connection with the actual fulfillment of alimony obligations is drawn up in the bailiff’s office. A blank form is provided to the alimony payer.

Finally, within 24 hours, the bailiff issues a decision to lift the restrictions, and the child support recipient will be able to continue to use vehicles. Information about the lifting of bans is also sent to the traffic police, after which changes are made to their database.

Despite receiving a document on the lifting of prohibitions, the alimony payer is recommended to always have it with him in the car. Information in the traffic police is updated too slowly, so troubles may arise on the road if stopped by an inspector. If the debtor has a copy of the resolution, the problem will be solved in a few minutes.

Deprivation of a driver's license for non-payment of alimony is carried out by the bailiff in exceptional cases, if the amount of debt exceeds 10,000 rubles. and there is a fact of deliberate non-payment. If the alimony payer finds himself in a difficult situation and delays payments unintentionally, it is recommended to provide supporting certificates to avoid problems.

Deprivation of rights for non-payment of alimony

alimony payments;
penalties for the crime committed;
compensation for damage caused.

Debts to pay bank loans and utilities were not included in the list. The restriction consists of temporary confiscation of the driver's license by bailiffs, traffic police officers and other officials. This measure is intended to encourage the debtor to repay debts. The law applies not only to individuals, but also to individual entrepreneurs. The changes it covers concern:

Arguments in favor of the new law

The expected effectiveness of the new law is all the more high since approximately one third of debtors, which is 450,000 people, have a driver's license. (according to Rosstat). Indirect confirmation of its effectiveness is the practical application of Art. 67 of the Federal Law “On Enforcement Proceedings”, also adopted recently. Its content is to prohibit the debtor from traveling outside the Russian Federation. The consequence of this measure was the repayment of alimony debts in the amount of approximately 1.5 billion rubles. in 2014

Vehicles that are prohibited from being driven

If there is debt, management rights are withdrawn:

cars;
motorcycles;
mopeds;
tricycles and quad bikes;
self-propelled vehicles;
river and sea vessels;
by air transport.

Conditions allowing the debtor to be deprived of his driving privileges

The possibility of revoking a driver's license arises in the following circumstances:

The court made a decision to collect the debt from the defendant.
The total amount of debt is at least 10,000 rubles. When determining it, other unpaid obligations are also taken into account - those imposed for violating traffic rules or other legal norms. That is, if they exist, an administrative measure can be applied even if the debt for alimony does not reach the required limit. The period of non-payment is not taken into account.
This situation does not belong to those mentioned by law, in which the application of these measures would be unacceptable.

Persons not subject to deprivation of driver's licenses

The cost of unfulfilled obligations is below 10,000 rubles.
Transport is used by the defendant as the main source of income. For example, when transporting passengers or cargo. This fact must have documentary confirmation - the presence of a contract, work book or certificate of creation of an individual entrepreneur.
The place of residence of the debtor and his family members is located far from public transport routes. In this connection, driving a car is the only opportunity to reach a place of work or study and a condition for normal existence.
The defendant has been diagnosed with a disability.
The debtor provides maintenance:
1. a child with a disability, regardless of its group;
2. adult disabled person of group I or II.
The payer was granted a deferment of debt repayment because he missed the payment deadlines for valid reasons:
1. been sick for a long time;
2. was fired due to staff reduction;
3. other reasons

These circumstances must be confirmed by relevant documents. For example, an extract from the work book, a certificate from the place of residence, about disability, about the availability of a deferment. Copies of documents along with the application are handed over to the bailiff.

It is advisable to prepare the application in two copies to avoid misunderstandings. Upon consideration of the application, the bailiff draws up an act prohibiting the confiscation of the driver’s license. It is better to always have a copy of the act, as well as supporting documents, in the car to present to the traffic police officers.

The procedure for deprivation of rights

A document obliging the defendant to pay alimony and determining the amount of monthly payments can be drawn up in the following form:

Mutual agreement (rarely encountered in practice).
A court order on the basis of which an enforcement decision is made.

Subject to agreement

If the payer does not fulfill the terms of the agreement, the recipient of alimony has the right to apply to the court to deprive him of his driver’s license for debts. The application must indicate the amount of debt and the period of non-payment. A bailiff, who is allowed to do so by the expanded powers granted by the new law, can also file a claim.

If there is a writ of execution

The bailiff has the right, without going to court (on his own initiative or at the request of the plaintiff), to make a decision to deprive the defendant of the right to drive. The possibility of performing these actions also appeared as a result of the adopted law. This requires the presence of a writ of execution, the instructions of which were not fulfilled within the specified period. The voluntary payment period for debts is usually 2 months. If we are talking about alimony payments, the court may set other deadlines. The statute of limitations for alimony debt is 3 years. This means that in the case of a debt for several years, the defendant will only be required to pay the debt for the last three years. Read more on our website https://divorceinfo.ru/3057-sroki-davnosti-po-uplate-alimentov

Decree on deprivation of rights

The contents of the resolution include:

driver's license information;
instructions for fulfilling obligations to the debtor;
notification that the debtor may be deprived of his rights for failure to pay alimony within 5 days.

The document is subject to approval by the senior bailiff. Copies of it must be sent within one day:

recipient of alimony;
to the payer;
authorities of the Ministry of Internal Affairs, traffic police and other services (according to the type of transport), which record information about collection in the database.

Transfer of driver's license

Having received a decree on deprivation of rights, the defendant must pay off debts within 5 days or surrender his driver’s license to the Federal Bailiff Service (FSSP). In this case, an act of transfer of the document is drawn up, which is stored in the Bailiff Service until returned to the owner.

Administrative liability for failure to comply with instructions

A debtor who has ignored the bailiff's demands may be subject to a fine in the amount (Article 17.14 Part 1 of the Administrative Code):

1000–2500 rub. for individuals.
10,000–20,000 rub. for individual entrepreneurs.

If after this the offender does not surrender his license and continues to drive vehicles, any of the following measures will be applied to him:

Imposition of a fine of up to 30,000 rubles.
Detention for up to 15 days.
Correctional work for 100–200 hours.

The person who transferred the right to drive to the debtor is subject to a penalty in the amount of 30,000 rubles.

After imposing fines, the alimony debtor’s driver’s license may be forcibly revoked and transferred to the Bailiff Service. The imposition of an administrative penalty does not eliminate the need to repay the debt.

Driver's license restoration

The driver's license is returned to the debtor after full payment of existing debts and penalties accrued for late payments. As confirmation, he must provide the bailiff with documentary evidence. For example:

bank statement confirming the transfer of money to the recipient’s card;
a receipt for receipt of cash, written by the plaintiff in the presence of a bailiff or notarized;

copies of receipts for payment to the treasury, if debts on alimony payments were reimbursed to the recipient by the state.

If the case was initiated by the FSSP, an additional enforcement fee of 7% of the debt amount is paid. After this, the bailiff, within two days (including the day of the debtor’s application), issues a decree on issuing a driver’s license. This information is entered into the database, and a copy of the document is sent to the traffic police.