Collection of alimony for the last three years: sample claim, judicial practice

As a general rule, the payment of alimony begins from the date of filing a corresponding application with the court. However, under certain conditions, it is possible to demand payment of alimony over the last 3 years, which preceded the appeal to the judicial authority.

When can I collect alimony for three years? Required evidence
Arbitrage practice

Which court should I go to?

Sample claim

Amount of payments for the last 3 years

The amount of alimony for previous years is determined by the court depending on the specific situation. A parent obligated to pay alimony may be exempt from paying alimony for previous years if he proves that he previously provided financial assistance to the child.

It is important to understand that “ alimony for the previous 3 years ” and “ alimony debt ” are different terms. Debt can arise only when alimony has already been collected by the court or by agreement, but the payer for some reason did not fulfill his obligations.

How to collect alimony for the last 3 years?

Alimony for previous years is collected only by applying to the magistrate's court . The claim will be satisfied if the following conditions :

If we are talking about collecting alimony for the last 3 years for a child, then his relationship with the defendant must be documented . This means that the child's father (or mother) must be listed on his birth certificate.

It is important to take into account that if paternity is established in court , then payment of alimony is possible only from the moment the corresponding decision enters into legal force: see paragraph 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 of December 26, 2017. This means that in this case it is impossible to recover payments for previous years, since the man was not recognized as the child’s parent before the claim was satisfied.

should be no court decision or court order for the payment of alimony. If the funds have already been collected by force, but have not been paid by the alimony-obliged party, then here we are no longer talking about collecting alimony three years before going to court, but about paying the alimony debt. It is important to note that the debt is collected for the entire period, and the statute of limitations does not apply to it.
Also, should not be concluded , because this document indicates that they came to a compromise and the child’s father did not refuse his financial support.
Whether the plaintiff has confirmation that he has previously applied to the second parent for financial assistance is an important factor influencing the judge’s decision (see paragraph 2, part 2, article 107 of the RF IC).

What do you need to prove to the court?

An analysis of judicial practice shows that the presence of convincing evidence is one of the most important conditions for satisfying a claim for the recovery of funds for the last 3 years. The parent applying for child support must prove that the defendant:

did not respond to his requests for financial assistance to the child or even behaved aggressively;
was absent from his place of residence or registration, hid his location.

In any case, the important fact is that the plaintiff actually approached the defendant over the previous 3 years and tried to resolve the issue of joint maintenance of the child.

One more nuance should be taken into account: all arguments must be recorded (for example, in writing) or supported by testimony. The court will not take into account unsubstantiated statements that are not supported by facts. If the evidence exists only verbally from the plaintiff, it means there is no evidence.

as evidence for the requirement to pay alimony over the past 3 years:

correspondence by email or other communication channels (for example, SMS messages), which can be printed and provided to the judge ;
testimony of witnesses , in whose presence a dialogue between the parties took place about the financial support of the child;
sending by the plaintiff to the defendant registered letters with return receipt requested to provide financial support for the child, which were either not received by the addressee or there was no response to them;
various checks and receipts confirming the plaintiff’s expenses for the child;
printouts of receipts to the applicant’s bank card or account, among which there are no transfers from the alimony-obliged party;
other evidence confirming the position of the parent applying for child support.

What practice shows

Collection of alimony for the past period of three years is quite possible. Judicial practice is replete with similar cases. However, everything depends on the evidence provided by the parties.

There are cases when the payer voluntarily paid alimony and this fact was not documented in any way. The recipient did not create a receipt or other document and then sued to collect the allegedly unpaid amounts. In such situations, the payer must resort to any means of protection, including witness testimony or account statements (if alimony was transferred to the recipient’s account).

If a party cannot prove its position, provide documents confirming its version of events, then the court will not accept its side, but will make an opposite decision.

Going to court

It is important for the alimony claimant to follow all the rules for filing a claim so as not to waste additional time on correcting and correcting errors. A well-drafted claim and the correct choice of jurisdiction are important conditions for the speedy resolution of a dispute regarding the collection of funds over the past 3 years.

Claims for alimony have worldwide jurisdiction . In this case, the applicant has the right to file a claim both at the place of residence of the defendant and at his place of residence. This is due to the fact that disputes about alimony have alternative jurisdiction .

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Submitting an application and documents to the court for alimony for the previous three years is possible:

Personally by the plaintiff or his representative (by proxy) to the court office. In this case, it is important to ensure that the government employee puts a mark on the plaintiff’s copy indicating acceptance of the documents.
The claim can also be sent by registered mail with acknowledgment of receipt. This is necessary so that the plaintiff has documentary evidence of the date the application was accepted by the court.
It is also possible to file a claim online . To do this, you need to use the GAS (State Automated System) “Justice” portal. This service is available only to users who have a verified account on State Services.

All documents are submitted in two copies : for the court and for the defendant.

Sample statement of claim for alimony 3 years before filing the claim

A statement of claim for the recovery of funds for the last three years is drawn up according to the rule of Art. 131 - 132 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation and contains:

Address part (“Hat”):
Full name, addresses, contact numbers of the plaintiff and defendant.
The title of the claim is “For the recovery of alimony for the previous 3 years in favor of a minor (full name).”
Main part:
evidence that the applicant previously applied to the other party for financial assistance and was refused;
circumstances proving the fact that the other parent did not financially support the daughter or son.
Claim:
if it is necessary to invite witnesses, this request is also indicated in the requirements of the claim.
List of documents attached to the claim:
a copy of the marriage or divorce certificate;
certificate of family composition;
certificate from the plaintiff’s work (if any) and certificate from the defendant’s place of employment (if any);
evidence: you need to provide a list.

You can use the link to apply for alimony for 3 years:

Duration of the proceedings and results

Legal proceedings for the collection of alimony must be completed within a period not exceeding one month from the date of filing the application with the court. Within this period, the application must be accepted, considered and an appropriate decision made.

The outcome of the trial directly depends on the evidence provided by the parties. The plaintiff must prove that he made attempts to voluntarily fulfill his obligations, but the defendant still did not fulfill them.

The defendant proves either the fact of fulfillment of his obligations, or demands a reduction in the amount of payments. The defendant also has the right to accept claims.

Alimony for the previous three years: judicial practice

An analysis of court decisions on the issue of collecting alimony for the last three years shows that the applicant’s lack of evidence that he unsuccessfully appealed to the defendant over the last 3 years is grounds for refusing the claim.

Example. The Ivanovo magistrate did not satisfy the plaintiff’s demands for the collection of alimony within the last 3 years. During the meeting, it was found out that the child’s father not only did not shy away from financial participation in his life, but also transferred money by mail, but the woman refused to receive it.

If the plaintiff manages to make convincing arguments and support them with facts , then the likelihood of satisfying the claims increases.

Example. Irina A. went to court with a demand to collect alimony for the past 3 years from her ex-husband. The woman provided the court with statements from her account confirming that she was the sole supporter of the child. The applicant also attached to the claim printouts of email correspondence with her ex-husband, in which there were explicit requests to help the child with money, which were refused. The claim was granted.

In addition, the plaintiff should be prepared to answer the following question from the judge: why did he not file a claim in court earlier if the defendant had long evaded paying funds for the child? The answers to this may sound like this:

legal illiteracy of the plaintiff - there is no need to be ashamed of this answer, because not everyone knows about their legal rights, and every person will want to collect alimony after learning about this possibility;
the applicant’s desire to restore or maintain a good relationship with her husband or wife, which had disappeared by the time the claim for alimony was filed;
other reasons.

During the hearing, it is important to tell only the truth and not try to deceive justice. As practice shows, judges, as a rule, do not satisfy the claims of applicants who were unable to provide convincing evidence and put forward their demands contrary to the law.

How is it different from debt?

Collection of alimony for the past three years is applied if the recipient has not applied to the court with an application for an order or a statement of claim. In such cases, the statute of limitations applies, since the application was not filed with the court.

Alimony arrears may also arise over a longer period in cases where enforcement proceedings have already been initiated and collection was not carried out in full or in part due to impossibility, lack of income or property of the debtor, or an error by the bailiff service.

Is it possible to cancel alimony payments? The answer is presented in the article “How to Stop Child Support Payments.” You can find out how alimony payments are deducted from vacation pay here.

How to determine the amount of alimony for 3 years?

When it comes to paying alimony from the moment you go to court, it can be collected:

as a percentage of salary and other income;
in a fixed amount of money (TDS);
“mixed” method - in shares and a fixed amount at the same time.

If we are talking about alimony for previous years, then the court will also take into account the financial and marital status of the payer, as well as the plaintiff’s actual expenses for the child . In this case, maintenance funds may be collected:

as a percentage of income - if the payer during the specified period had a stable and sufficiently high source of income;
in a fixed sum of money or in a “combined” way - if the father (mother) did not have a job, was engaged in business, and also if his official income is small, and the interest on it will not ensure the satisfaction of the child’s needs.

It should be borne in mind that all legal disputes are individual , and the judge takes into account all the factors of a particular case. For example, the amount of child support for the last 3 years for a disabled child may be greater. In any case, in Russia the rights of motherhood and childhood are especially protected , therefore the interests of minor children are taken into account by the court in the first place.

How to avoid paying child support for the previous three years?

Often, mothers of children speculate on their right to collect payments for the previous 3 years. Therefore, if the child’s father voluntarily transfers money for his maintenance, but without concluding a notarial agreement, then he should take measures that will help prove the fact of material participation in the child’s life. It can be:

bank account statements, notifications of funds transfers;
receipts for the transfer of money;
if money was transferred by mail, receipts must also be kept;
receipts confirming the purchase of goods for children, etc.

However, if a compromise on the payment of alimony is reached, then it is better for the parties to contact a notary and officially certify their agreement . Notarization will not only help the payer prove the fact of transfer of finances to the other party, but will also enable the claimant to turn to the bailiffs if the child’s parent stops financially supporting him.

Required Criteria

The possibility of demanding alimony payments for an already elapsed period of time is determined by Article 107 of the Family Code. It contains the conditions for such recovery:

The alimony payer evaded fulfilling his duties.
The recipient did everything possible to collect alimony.
The alimony agreement was not drawn up and certified.
Measures aimed at collection did not bring results.
The recipient applied to the magistrate's court with a corresponding application to collect the alimony debt.

If these conditions are met, collection of alimony for the past three years is possible.

The difference between the concepts of “alimony for 3 years” and “alimony debt”

You can often hear the opinion that “alimony for the last three years” and “alimony debt” are one and the same thing. However, this statement is erroneous, and these concepts have different legal meanings.

Alimony for the previous 3 years is material resources that the recipient had a need for in the past, before going to court. At the same time, the applicant tried to independently request them from the second parent, but was refused. Then the mother (or father) living with the child has the right to collect alimony within the last 3 years (the period may be shorter, but never longer).

Child support arrears are payments that have already been assigned previously. A debt arises when a child's parent fails to comply with the terms of a court order or decision, or a voluntary child support agreement.

You can collect alimony debt for the entire period of non-payment , regardless of the 3-year statute of limitations (Part 2 of Article 113 of the RF IC). Moreover, in the event of the death of the alimony holder, the obligation to repay the debt will pass to his heirs.

You can get acquainted with the details of collecting alimony debt

→ in the next article ←

Time limits for collecting penalties for alimony

If alimony debt arises due to the fault of the payer, the recipient of alimony has the right to collect a penalty (penalty) equal to 0.1% of the amount of the alimony debt for each overdue day (Article 115 of the RF IC). It is important to keep in mind that the claimant has the right to collect a penalty if alimony was imposed forcibly, that is, through the court.

If a notarial agreement was concluded between the parties, then the penalty is collected in accordance with the terms of the agreement.

An analysis of judicial practice allows us to conclude that judges apply a three-year statute of limitations to cases involving the payment of alimony penalties. That is, if the defaulter has accumulated a five-year alimony debt, then the debt itself is subject to collection for all 5 years, but the negligent parent will have to pay the penalty depending on the amount of debt accumulated over the last 3 years.

You can find out all the details about collecting alimony penalties

Let's sum it up

It will be possible to collect alimony for the past period for a maximum of the last 36 months and only in the situation if they are transferred in accordance with the writ of execution. If the plaintiff did not declare his claims for payments, then it will not be possible to recover them for the past 3 years.

Also, the court will definitely refuse to satisfy the claims if it turns out that the plaintiff and defendant previously drew up an agreement, which was then signed by them and certified by a notary. In this case, the presence of this document indicates that both parents wanted to provide financially for their child, and also had the opportunity to peacefully agree on the amount of alimony and the timing of payment of funds.

To go to court, the plaintiff will need to collect evidence regarding the alimony provider’s evasion of financial obligations, as well as the need to make certain financial expenses - for example, on expensive treatment.