The key facts

  • Courts no longer limit themselves to the official salary and assess the totality of evidence of real income
  • Bank statements, property records and social media photos serve as evidence
  • The expert believes the tools are still insufficient and proposes an approach by analogy with bankruptcy legislation

Courts have learned to prove debtors' real income

As recently as 5–7 years ago, it was considered nearly impossible to collect child support from a parent who receives an unofficial, cash-in-envelope salary. However, court practice has changed, and there are now far more options for recovering money from a payer who hides their income. Tatyana Shakurova told Gazeta.Ru head of the Tatarstan regional branch of the All-Russian Public Movement 'Civil Committee of Russia', Tatyana Shakurova.

How hidden income is proven

According to the expert, even if the official part of a salary is deposited into a bank account while the bulk is paid in cash, few people use only cash: people make purchases online — on marketplaces, via delivery services and money transfers. 'If you request a statement of account activity from the court, it becomes obvious what income the debtor actually has', Shakurova explained. It is also not uncommon for courts to be shown photographs from social media featuring expensive purchases and vacations, which indicate that the real income is higher than the declared one.

What courts request and what is still lacking

Today judges demand not only income information but also certificates on all open accounts and fund movements, data on property, vehicles, participation in limited liability companies or self-employed status — the overall picture shapes the approach to the amount of child support. At the same time, in Shakurova's assessment, the available tools are still insufficient: debtors register businesses in the names of relatives, run transactions through third parties' cards, and use property under power of attorney while another person is the nominal owner. 'Such tricks could be curbed if the approach to examining evidence were broadened by analogy with bankruptcy legislation', where all of the debtor's connections and asset transfers are examined,' she concluded. Courts no longer limit themselves to the official salary and assess the totality of evidence. Earlier, a lawyer explained whether child support can be recovered if the child turns out not to be one's own.

Why this matters

The change in practice directly affects recipients of child support whose former spouses officially declare minimal income: they now have concrete evidence — bank statements, property records and social media — that the court takes into account. In practical terms, this means that the amount of child support may be determined based on the debtor's real standard of living rather than the official salary alone. At the same time, as the expert notes, schemes involving registering assets in third parties' names remain a weak point in enforcement.