Collect alimony debts for 15 years: is it possible?

Issuing a court order for the collection of alimony is a quick way to solve your problem.

Our family lawyer will help you draw up an application for a court order, and no one will have to participate in court because The judge makes a decision without calling the parties and hearing their opinions.

Features of a child support order

The court order is issued taking into account the provisions of Chapter. 11 Code of Civil Procedure of the Russian Federation. Through writ proceedings, it is possible to recover alimony for the maintenance of a minor child in shares of the payer’s earnings (Article 81 of the RF IC):

• for one – ¼ of income;
• on two – 1/3;
• for three or more children – ½.

Important! Alimony is collected from all types of income specified in the Decree of the Government of the Russian Federation of July 18, 1996 No. 841 “On the List of types of wages...”. For example, if the payer works under an employment contract - from a salary, a pensioner - from a pension, an unemployed person - from benefits from the employment center.

What features are important to consider:

1. There is no dispute in writ proceedings. There are no plaintiffs or defendants, the parties are not called to consider the application. The judge himself makes the order.
2. Unlike claim proceedings, collection of alimony through an order takes five days versus a month.
3. You can receive an order if you have information about the location and income of the payer.

And the state fee for issuing an order is two times less than when filing a statement of claim. But it is not always possible to collect alimony in a simplified manner.

Question answer

Answers to the most common questions.

What should a debtor do if he missed the deadline for filing objections?

In such cases, you need to apply to the court for a new 10-day period to appeal the order. The statement must refer to the valid reasons why he could not lodge his protest. It is best in such cases to seek help from lawyers.

Is it possible to obtain a duplicate of a court order?

Yes you can. This is stated in Art. 430 of the Code of Civil Procedure of the Russian Federation, which regulates the issuance of a duplicate.

Is it possible to send a representative to the executor with an order?

Yes, but for this he needs to have a power of attorney from the claimant and his identity card.

When it is impossible to collect alimony through writ proceedings

The Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015, lists several situations in which it will not be possible to demand alimony by order - the court will refuse to issue the order:

1. If the debtor is already paying money to support another child. This is due to the fact that the new penalty affects the rights of a third party, and the case must be considered in a lawsuit.
2. If you need to collect alimony from the debtor in a fixed amount. When considering such cases, the court must find out all the circumstances, including the possibility of recovery. You need to file a claim.
3. If, simultaneously with the collection of alimony, it is necessary to establish, or vice versa, to challenge paternity.

The court may also refuse to issue an order if the claimant demands a larger amount of alimony than is established by Art. 81 IC RF. For example, if you want to receive 1/3 of your income instead of ¼ to support one child.

In what court is it heard, in what cases in courts of general jurisdiction?

You need to address this issue to the magistrates' court on the basis of general rules. To do this, you must either submit your application in person or send it by registered mail with acknowledgment of receipt. You can find the address of the magistrate's location via the Internet.

Copies of all necessary documents must be attached to the application. The numbered list of attached papers must be indicated in the addendum under the text of the application. Then you can go to the judicial authorities.

Note! Acceptance of documents for consideration and issuance of an order for alimony is the jurisdiction only of justices of the peace.

The application can be addressed to the court at the place of registration of the person filing the leprosy petition, or in the area where the debtor lives. Most often, it is transferred to a magistrate located near the applicant’s place of registration.

How to receive an order: step-by-step instructions

An application for a court order to collect child support is submitted by the parent with whom the minor remains. It will be considered by the magistrate's court; you can apply at the place of residence of the claimant.

What the whole process looks like:

1. The claimant collects documents and submits an application.
2. The judge considers the application and issues an order within 5 days.
3. Within another five days from the date of the order, the court sends a copy to the debtor.
4. If no objections are received from the debtor within 10 days from the date of receipt, a second certified copy of the order is handed over to the claimant (Article 130 of the Code of Civil Procedure of the Russian Federation).

Now about where to take the court order for alimony when it has already been received. The collector may not send him anywhere if the debtor agrees to pay voluntarily. But it is important to remember that the deadline for presenting writs of execution is three years.

You can submit an order to the FSSP, and enforcement proceedings will be initiated against the debtor within three days. The bailiff will handle child support matters himself.

An alternative option is to send the order to the payer’s place of work. Then the organization will be obliged to transfer alimony regularly within three days after the debtor’s salary is paid.

Note! The easiest way is to submit an application through the State Automated System “Justice”. This is available to all users with verified accounts on State Services. The procedure for consideration is the same, but online it is easier to control the progress of the case. All notifications with changes will be sent to your personal account.

Contents and sample application

What is indicated in the application:

• name and address of the court;
• Full name, address, telephone number of the claimant;
• Full name, address of the debtor;
• Full name, date of birth, address of the child;
• with whom does the minor live?
• request for an order;
• date and signature.

Download a sample application for a court order to collect child support

Documentation

Along with the order, you must send a copy of the child's birth certificate or passport to the court if the child is over 14 years old. You will also need a certificate from the debtor’s place of work, information about wages, and a certificate about family composition.

State duty

The claimant does not pay the state duty. 150 rub. the court then collects it from the debtor.

When does it take effect

It is not stated anywhere when the order comes into force. It is traditionally believed that it begins to take effect on the 11th day from the moment the debtor receives a copy. For the creditor it looks like this:

1. The order itself is issued within 5 days.
2. The court is given another 5 days to send it to the debtor.
3. The payer has another 10 days to appeal.

As a result, the claimant receives his copy of the order at least 20-21 days from the moment he goes to court. And he can immediately transfer it to the bailiffs or the payer’s employer.

Missing the deadline for filing an objection

In practice, missing a deadline occurs quite often. Let’s repeat – 10 days is not much. The person may be away or in the hospital. Finally, it’s simply not possible to look at your mailbox every day – this is not uncommon nowadays, since few people subscribe to daily newspapers, and communication with family and friends occurs mainly through the telephone and computer.

Each case of missed deadline is considered by the court individually, in accordance with the requirements of Article No. 112 of the Code of Civil Procedure of the Russian Federation. If the court finds the reason for missing a valid reason, the term will be reinstated. To do this, you must submit an application to the court with two requests:

• Reinstate a deadline missed for a valid reason
• Cancel a court order due to the alimony payer’s objection

Let's look at a few examples of reasons for missing a deadline and its consequences.

Example 1

And I received the order in the mail, signed it and put the unopened envelope on the shelf in the hallway. Remembering it two weeks later, A read the order and decided to file an objection. The objection was not accepted because there were no valid reasons for the delay

Example 2

Returning from vacation, A found in his mailbox a notice of receipt of a document from the court, but when he arrived at the post office, he found out that it had already been sent back. He appealed to the court to restore the term, and the term was restored because. And he proved that at the time of receiving the order at the post office, he was not in the city.

Example 3

And he lived in a small village where the postman rarely came. One day, having brought the court order, he did not find A at home, and took the package back to the post office. Then he forgot about it, and the order was sent back to the court as not received. I only learned about it from the bailiffs. The court restored the deadline because A presented an explanatory letter from the postman, which confirmed that A did not avoid receiving correspondence, and the postal item was not received due to the fault of the postal workers.

Example 4

The postman personally delivered the court order to A's address, but since he was not at home, he handed over the package to his mother for signature. The mother gave the package to her son only two weeks later. The court restored the deadline, since transferring the order to another person is a valid reason for missing the deadline

Example 5

And he asked to restore the deadline by presenting a certificate according to which at the time the order was received by the post office, he was in the hospital, from where he left only a month later. The deadline was restored and the order was cancelled.

Example 6

A wrote in a statement to the court that he did not receive the order because the notice was not in his mailbox. However, postal employees documented that they twice issued a notice to receive a valuable letter and delivered it to address A. The court refused to restore the deadline.

So, valid reasons can be considered:

• Illness, hospital stay, or on bed rest at home
• The alimony payer is located outside the city or country
• Incorrect operation of the post office
• Transferring an order to another person
• And some others that the court may recognize as valid depending on the circumstances

ATTENTION! If the reason that you yourself consider quite valid for missing a deadline is non-standard, or you do not know how to prove it, contact the Prav.io portal for advice.

How to make an application for renewal of an individual entrepreneur?

There is no official application form. But the document must contain the following information:

• name of the FSSP, full name of the bailiff;
• Full name and residential address of the debtor and the claimant;
• number and date of execution of the resolution to initiate IP;
• information about the resolution on the termination, suspension or termination of the individual entrepreneur;
• grounds for the procedural actions of the bailiff, carried out by him earlier: revocation of ID by the collector, stay of the debtor in the army;
• requirement for renewal of IP.

The application is filled out on a prepared form in black or blue ink. Do not use pencils, felt-tip pens or colored pens.

Suspension, termination and termination of enforcement proceedings on alimony

Collection of alimony debt after 18 years: procedure and deadlines

What to do with a duplicate?

The resulting duplicate has the same force as the original document. That is, after the issuance of a court order, it is necessary to take a duplicate and submit it for execution:

• bailiff;
• organization accountant;
• to pension authorities, etc.

Proceedings in the case will resume.

It is possible not to present the document for collection if it was possible to agree with the payer on making voluntary payments.

However, there is a risk that what was agreed upon verbally will not be fulfilled. The claimant may face various types of problems. For example, difficulties in obtaining funds for the period of time when the writ of execution was not presented for collection. But this is a separate topic.

Having a duplicate of the writ of execution or order in hand, the bailiff will be able to carry out forced collection using all the tools provided by law. In particular, to seize property, limit rights, organize the sale of the debtor’s belongings at auction, etc.

Payment of the performance fee

After the initiation of enforcement proceedings, the debtor receives 5 days to voluntarily pay the debt. If he does not pay the debt, then an enforcement fee is collected from him.

The enforcement fee is 7% of the debt amount, which is withheld in favor of the state. If enforcement proceedings are terminated or completed, the debtor is still required to pay the fee.

In 2021, they can only be released from payment by a court decision if the debtor proves that the debt was accrued unlawfully.

Is it possible to postpone?

At the request of the payer, the court may order a deferment of the payment of alimony if it considers the reasons presented by the debtor to be valid. These include:

• Sudden job loss and difficulty finding new income.
• Serious illness of the payer or a close relative, requiring expenses for expensive treatment.
• The appearance of a new family member who will be dependent (birth of a child).
• Waiting for money to arrive (salary, bonus, debt).

Hotline for citizen consultations: 8-804-333-70-30

To defer the fulfillment of the requirements from the writ of execution, an application is submitted to the court, which lists valid reasons. It is recommended to indicate several factors at once in order to count on a positive answer.

Legal consequences

The main consequences of filing an application for the resumption of enforcement proceedings:

1. The bailiff sends out orders to resume proceedings.
2. The bailiff is looking for the debtor's property and bank accounts.
3. The bailiff holds the debtor accountable: he restricts the right to drive a car, imposes a ban on traveling outside the country (if the debt is more than 10,000 rubles).
4. The bailiff seizes the debtor's property for sale at auction to pay off the debt (if the value of the property is approximately equal to the amount of the debt).

If the amount of the debt is too large, the debtor can ask the court for an installment plan and transfer money monthly in amounts convenient for him.