Can rights be taken away for non-payment of alimony?

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.

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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

As practice shows, many citizens take all possible measures to avoid paying alimony. Therefore, in 2016, the legislator introduced a new type of influence that encourages the person liable for alimony to pay off debts. The defaulter may be temporarily limited in driving privileges.

In the article, we will look at the conditions under which a driver’s license is revoked, to whom sanctions cannot be applied, what is the procedure for introducing restrictions, and how to return a driver’s license.

Conditions for deprivation of a driver's license for late alimony payments

Article 67.1 of the Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ helps the bailiff to ensure the execution of the judge’s decision to pay child support. Unscrupulous debtors may lose their driver's license.

The restriction applies to the following vehicles:

motor transport;
motor transport;
airplanes and other air transport;
sea and river ships;
self-propelled vehicles.

The measure of influence is applied in the presence of a mandatory condition. These include:

the presence of a writ of execution on the basis of which enforcement proceedings have been initiated;
outstanding payments in excess of RUB 10,000;
no deferment or installment plan;
the debtor is not included in a preferential category to which the restriction cannot be applied.

The bailiff must familiarize the offender with the decision to deprive him of the right to drive a car. He is also warned of administrative liability in case of failure to comply with the requirements.

Example 1. Maksimov S. must transfer alimony for a joint child in favor of his ex-wife. The bailiff initiated proceedings on the writ of execution. The payer does not fulfill his obligations, which led to the formation of a debt in the amount of 50,000 rubles. The bailiff issued a ruling on the deprivation of a driver's license (Appeal ruling of the Supreme Court of the Komi Republic dated March 20, 2017 in case No. 33a-1661/2017).

Who cannot have their driver's license revoked?

Law No. 229-FZ provides for cases when deprivation of rights cannot be applied for alimony debts.

Restriction is not allowed if:

the alimony payer will be left without a livelihood;
the debtor lives in a hard-to-reach place, from where you can only leave with your own car;
the person obligated for alimony travels by vehicle due to a disability;
the debtor takes care of a disabled person of group 1 or 2, a car is necessary to transport a disabled person;
the amount of debt is not more than 10,000 rubles;
the payer received a deferment or installment plan for payments.

If the debtor is wanted and has not been given notice of the introduction of a restriction, then his rights cannot be deprived.

Example 2. By a court decision, Yu. Ivanov is obliged to pay alimony to his ex-wife in favor of his son. Enforcement proceedings have been initiated against him. The outstanding payments amounted to RUB 320,436.53. The bailiff temporarily restricted the debtor's right to drive a car. Ivanov Yu. Appealed the bailiff’s decision, indicating that he lives with his wife and young child in a rural area. His mother also lives with him, who is assigned group 2 disability. A car for a family is the only means of supporting life. The court took these circumstances into account and overturned the bailiff's decision (Appeal ruling of the Samara Regional Court dated May 20, 2016 in case No. 33a-6412/2016).

To avoid liability, it is recommended to have documents confirming extenuating circumstances with you. For example, a resolution on the provision of installment plans, a certificate of disability, information about the amount of debt for alimony payments.

How to revoke a driver's license for non-payment of child support?

A debtor can lose his driver's license at the initiative of a bailiff or a debt collector. The recipient of alimony is advised not to wait for the bailiff to do this. You should make an appointment with him and personally explain the problem. At the end of the meeting, an application is submitted.

How to write an application for revocation of a driver's license?

The application (download sample) is drawn up in free form. The document must indicate:

position, full name of the bailiff;
information about the claimant;
information about the number of enforcement proceedings and its start date;
amount of debt;
a request to hold the debtor accountable under Article 67.1 of Law No. 229-FZ;
date;
signature.

The petition must be registered by the SSP officer. It is recommended to make a copy of the document with a registration mark.

Procedure for consideration of the application

The bailiff is obliged to review the document within 10 days and make a decision on it. If the grounds for the restriction are confirmed, the payer will be deprived of his driver’s license until the debt is repaid.

The debtor must appear before the bailiff to familiarize himself with the decision. If he ignores the requirement, the bailiff can give him the document at home or at the place of employment.

The information is then passed on to traffic police officers. They check drivers and can catch the defaulter on the road.

After receiving the decision, the debtor must repay the debt within 5 days or surrender his driver’s license to the SSP. The bailiff will draw up an act of acceptance and transfer of the document. It will be returned after the debt is paid and the restriction is lifted.

When should you go to court?

If the debtor does not comply with the alimony agreement, then to impose a restriction it is necessary to go to court. The claim (download sample) should indicate:

name of the judicial authority;
information about the recipient and payer of alimony;
circumstances of concluding an alimony agreement;
information about enforcement proceedings;
period of delay and amount of debt;
requirement to introduce a restriction;
list of documents;
date;
signature.

Along with the application to the court, they provide the materials of the enforcement proceedings, the applicant’s passport, and other documents at the request of the judge.

The court considers the claim within 30 days from the date of receipt of the documents. The parties to the dispute are invited to the court hearing. A bailiff is involved in the case. If the decision is positive, a writ of execution is issued.

What happens if the restriction requirement is not met?

The bailiff's request is subject to mandatory execution. If the payer ignores it, he will be held accountable under Article 17.17 of the Code of Administrative Offenses of the Russian Federation. The debtor may be required to perform compulsory work for a period of up to 50 hours. In extreme cases, the right to drive a car may be suspended for 12 months.

Example 3. M. Kruglov has arrears in alimony payments. The bailiff temporarily restricted his driving privileges. The traffic police inspector found that on March 16, 2018, M. Kruglov was driving a vehicle in violation of the bailiff’s order. An administrative violation protocol was drawn up, and the debtor gave written explanations. The case materials were transferred to the court. Kruglov M. was prosecuted under Article 17.17. Code of Administrative Offenses of the Russian Federation. He was deprived of the right to drive a vehicle for four months (Resolution of the Perm Regional Court dated August 15, 2018 in case No. 44-a-1186/2018).

How to restore the right to drive a vehicle?

To regain rights, the payer needs to pay off the alimony debt. It is necessary to provide the bailiff with receipts, checks, and a bank statement to confirm that the debt has been liquidated.

After checking the documents, the bailiff removes the restriction. This usually happens the day after the application is submitted. The resolution is approved by the senior bailiff.

A copy of the document is sent to the recipient, payer, as well as to the traffic police. The driver's license is returned to the owner. From this moment on, he has the right to use the car.

Something to remember! Traffic police databases are not always updated on time. Therefore, it is recommended to have a decree lifting the restriction with you. This will avoid conflict situations with patrol officers.

Let's sum it up

Thus, a child support defaulter may temporarily lose the right to drive a car. Responsibility arises for debts of 10,000 rubles . Some categories of citizens can avoid restrictions if motor transport is a source of income or normal life support for them. The issue of deprivation of a driver's license is decided by the bailiff independently, with the exception of cases when alimony is paid under a notarial agreement between the recipient and the payer. In such a situation, the decision is made by the court. If the debtor ignores the deprivation of rights, he may be prosecuted under Article 17.17 of the Code of Administrative Offenses of the Russian Federation. In order to be able to use the car again, you need to pay off the debt.

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

Deprivation of a driver's license for non-payment of alimony on the basis of a bailiff's order is permitted in case of violation of the restrictions established by Federal Law No. 229 of October 2, 2007. This measure is an interim measure and is intended for debtors to comply with the requirements of executive documents (ID). Failure to comply with restrictions on the use of a driver's license will result in administrative liability and possible deprivation. To understand this issue, you need to know the legal norms, the step-by-step algorithm for the creditor and the validity period of the prohibitions.

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

Until November 28, 2015, debtors could not be deprived of their driver's licenses. Everything changed after Federal Law No. 340 came into force: bailiffs had the opportunity to use restrictions on the use of special rights (SP) as enforcement measures of a coercive nature.

Now this is allowed if there is arrears of alimony and other payments:

non-property claims from claimants related to the maintenance and upbringing of minors;
compensation for moral and property damage;
compensation for harm to health;
payments in connection with the death of the breadwinner;
debt on fines resulting from violation of restrictions on the use of joint ventures.

Thus, when calculating the total amount of debt before issuing a resolution to suspend the joint venture, all debts existing in the bailiffs’ database are taken into account.

Conditions for deprivation of rights

Before deciding to apply restrictive measures, the bailiff must check compliance with the conditions for their use in relation to the debtor:

Amount of debt. The amount of debt must be at least 10,000 rubles.
Validity. A writ of execution (IL) or a court order to collect unpaid amounts must be issued to the defaulter. A statement from the plaintiff will be required indicating the unpaid amounts for specific periods. The bailiff draws up a resolution on the calculation of the debt.
No legal restrictions. There are categories of defaulters who cannot be deprived of their rights even if they have large debts on alimony payments.

Only if these criteria are met, the bailiff has the right to issue a resolution according to which the debtor will not be able to legally drive a vehicle until the debt is repaid.

When is it impossible to revoke a driver's license?

Federal Law No. 340 describes in detail the situations when a defaulter will not be able to restrict his driver’s license even if a huge amount of debt arises:

The use of the car is the debtor's only legal income. This is quite logical, because with restrictions, he will not be able to earn money, and therefore, repay the debt.
Driving a personal vehicle is the only accessible way to get to work or an area with developed infrastructure and transport network. When the debtor lives in a village where there is no transport connection, rights cannot be limited.
The debtor is disabled. In this case, the car does not necessarily have to be converted for it. Persons with disabilities belong to a socially protected category of citizens.
The defaulter has a dependent disabled person of group 1 or 2 or a disabled child.
The amount of debt does not exceed 10,000 rubles.

Who can initiate deprivation?

If we are talking about the initial stage of restriction, the wording “deprivation of a driver’s license” in this situation has two meanings. In fact, this does not imply the actual confiscation of the certificate: the debtor is simply prohibited from driving vehicles until the debt is completely eliminated, then the restrictions are lifted. The document always remains with him.

If the prohibition is violated, liability arises under Art. 17.17 of the Code of Administrative Offenses of the Russian Federation, which presupposes compulsory work of up to 50 hours or deprivation of labor for a period of up to 1 year.

The initiator may be a claimant who wants to achieve the fastest possible receipt of alimony. To do this, they submit a corresponding application addressed to the bailiff who initiated the IP.

Also, the bailiff himself can take the initiative if he sees that other coercive measures do not affect the alimony obligee. At the same time, he can put him on the wanted list, impose restrictions on registration actions with property, prohibit travel abroad, etc.

In the event of deprivation, traffic police and FSSP officers are involved who discover the violator behind the wheel.

How can an alimony collector deprive a payer of his driver’s license?

At first, you can only restrict the defaulter’s rights to drive a car. The actions of the claimant depend on the document according to which alimony must be paid. If there is an alimony agreement, the bailiff must file a petition with the court. Only after receiving a court order does he have the right to impose restrictions.

When collecting payments under a writ of execution, the involvement of the court is not necessary. The bailiff independently sets the terms of the restriction. As a rule, it is valid until the debt is fully or partially repaid. The debtor is given 5 days to make the payment voluntarily, after which he will have to pay an additional enforcement fee - 7% of the principal amount.

From the claimant's side, the procedure is as follows:

The recipient of alimony independently draws up an application and submits it to the bailiff who initiated the IP.
The petition is considered within 10 days, then a resolution is issued to temporarily restrict the use of the joint venture. Copies of the document are sent to the parties to the proceedings no later than the day following the day of execution.

Traffic police officers are also involved in the case: a copy of the resolution is sent to the bailiff and to him. If they meet a defaulter on the road, they will be required to notify him of the need to visit the FSSP. The certificate is not confiscated when restrictions are applied. Seizure of rights is classified as abuse of official authority and is punishable by law.

After reviewing the resolution, the defaulter must, within 5 days, provide evidence indicating the impossibility of introducing a restriction. This includes disability and other circumstances. After providing the documentation, the bailiff issues a decree canceling the previous decree.

After receiving the order to impose restrictions, the creditor can only wait for the funds to arrive. If the debtor does not comply with this requirement, and the duration of non-payment is more than 2 months, you can file an application to bring the ex-spouse to administrative liability under Art. 5.35.1 Code of Administrative Offenses of the Russian Federation.

If restrictions have already been applied, but the driver neglected them, this is detected by traffic police inspectors:

The driver is stopped on the road and asked to show his identification. If it is in the database, a protocol is drawn up.
The protocol and other documents are submitted to the court.
The decree on deprivation of rights is formalized by the court, the driver is held accountable under Article 12.7 of the Code of Administrative Offenses of the Russian Federation.

How is restriction different from deprivation?

These procedures are closely interrelated. The bailiff always first restricts rights for non-payment of alimony, and deprivation is already made for non-compliance with the order and driving a vehicle without the appropriate license.

To understand the differences, just look at the table:

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.