Initiation of enforcement proceedings for alimony

Alimony payments are assigned by a court decision or established by a settlement agreement voluntarily concluded between the parents. After considering the dispute, the court issues a writ of execution, and on its basis, enforcement proceedings are opened, in which alimony payments are made. On what basis are enforcement proceedings for alimony initiated, how to correctly draw up an application to the bailiff service, and what actions can be taken within the framework of the enforcement case to ensure repayment of payments?

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Reasons

The bailiff can begin proceedings to collect alimony payments on the basis of the following documents:

• a writ of execution issued by a judicial authority after consideration of an alimony dispute in a lawsuit;
• a court order issued by the court at the request of the claimant in a writ procedure (the order should not be canceled due to the payer’s objection);
• a voluntary alimony agreement of the parties regarding the procedure and amount of payments, which was concluded by mutual consent and certified by a notary.

Collection of funds

Reference! The amount is collected as a percentage of earnings or within the amount determined by the court. The total percentage of deductions from the debtor's income cannot be more than 70% of his income.

If the alimony payer quits, the collection will be carried out from the unemployed. If desired, he can apply to the court for an installment plan or deferment of the fulfillment of his obligations. Collection proceedings are based on the debtor's income.

If there are not enough of them or the place of work is unknown, then funds are written off from bank accounts, a share in the joint capital of a general partnership or a share in a cooperative is sold (if the debtor has such a share or share). Bailiffs can also seize the debtor's share in the common property and sell his shares or bonds.

During what period can I apply?

The Federal Law “On Enforcement Proceedings” regulates that documents have a certain period for presentation for execution.

Thus, writs of execution and court orders must be presented to bailiffs within 3 years from the date of their issuance.

The countdown of the three-year period for enforcement documents in disputes regarding the collection of periodic payments begins from the end of the retention period.

What amount is taken as the basis when calculating alimony? The answer is presented in the article “How much is the average salary for calculating alimony.” How paternity is established and child support is collected can be found here.

Where to take it?

The sheet must be presented to the SSP no later than three years from the date of its issuance. It is best to contact the territorial department to which the ex-husband’s area of ​​residence is assigned or where his work office is located. The claimant must write an application to the SSP, which can be submitted in person or by registered mail.

You can also immediately contact the accounting department at the debtor’s place of work with the writ of execution. You can also go to the division of the pension fund where the pension is calculated (if the debtor is a pensioner) or to the university where the scholarship is awarded (if he is a student).

How is enforcement proceedings for alimony carried out?

You can submit a writ of execution to the bailiff to open proceedings during the entire payment period and for three years after its expiration. To start production you need to follow this procedure:

• have a writ of execution at your disposal (if a court order or order is lost, you need to get a duplicate of it; if you lose a voluntary alimony agreement, contact the notary who certified it);
• present the document to the bailiff service (FSPP);
• draw up an application for opening an enforcement case.

The bailiff, on the basis of the document and application, must, within 24 hours from the moment of their receipt, open proceedings or refuse to initiate them.

A corresponding decision is made about the discovery, which the bailiff sends to the debtor and to the court hearing the case within the next day.

Submitting an application

The application and all papers regarding alimony must be submitted to the territorial office of the bailiff service located at the payer’s place of residence.

When applying to the bailiff service, you do not need to pay any taxes or state fees. When submitting the document to the bailiff, you can explain in detail the situation with the debtor, and also ask to seize the payer’s property as security for subsequent payments.

Structure

The application must include the following information:

• personal data of the payer, his place of residence;
• all information that is known to the recipient of payments about the employer, position held and contact information of the debtor;
• information about the amount and frequency of payments;
• Full name, residential address and contact information of the claimant;
• information about the account to which contributions should be received, or information about other options for transferring funds and documents confirming its implementation.

What data does it contain?

The writ of execution is a document of strict accountability. It is made on special paper with watermarks, as well as other types of protection. The document always has continuous numbering indicating a serial number.

The writ of execution must indicate:

• number, date of the court decision and its entry into force;
• name and address of the court;
• number of the case for which the sheet was issued;
• information about the debtor and the claimant (full name, place of residence/stay, date, place of birth, place of work);
• the amount of collection (you can find out how and on what basis the amount of alimony is calculated here);
• date of issue.

Important! The document must be correctly formatted and free of errors. If any inaccuracies are found, the sheet can be replaced with a new form within 5 days. To do this, you need to contact the court where the case was heard and point out the errors.

What actions do bailiffs take?

After the opening of proceedings, the bailiff takes actions aimed at collecting information about the payer. To establish the workplace, residential address, registration of the debtor and whether he has various property, the bailiff must send relevant requests to government agencies and various institutions.

After establishing the debtor’s place of work, the FSSP employee sends the employer a writ of execution.

All papers must be transferred to the company’s accounting department, which makes monthly deductions from the debtor’s earnings for alimony.

Accounting employees must transfer funds to the claimant within three days after accrual of earnings. Payments are received by transfer to the current account of the alimony recipient or by sending money by mail or in another way, information about which is provided by the executor and indicated in the claimant’s application.

When calculating alimony, the employer must adhere to the following rules:

• collection occurs as a percentage or in a fixed amount strictly in accordance with the writ of execution;
• funds are withheld from all income, including disability benefits for the duration of illness;
• You can write off alimony from the salary and sick leave debtor as alimony for minor children in an amount not exceeding 70% of income (exceeding is possible if collected under an alimony agreement);
• alimony is calculated from the amount of earnings after deducting all taxes from it;
• collection of alimony is carried out as a matter of priority, all other writs of execution are carried out after deduction of alimony.

The bailiff must exercise constant control over the employer’s compliance with the provisions of the executive documents.

If the amount of alimony is set at a fixed amount, then the bailiff or employer must promptly index payments based on changes in the cost of living.

The employer must inform the executor about the dismissal of the debtor and in this case return all the writs of execution. The payer is also obliged to inform the bailiff about a change of job or place of residence. If the payer is an individual entrepreneur, then the contractor must oblige him to provide data on income every month.

If information about the payer’s workplace is unknown or the debtor does not provide information about income from business activities, then the amount of monthly share payments to pay off obligations is calculated in accordance with the average earnings in Russia.

If the debtor has no income or is insufficient to pay, then the executor can seize the payer’s property, providing an opportunity to pay off the debt. In case of non-payment of the debt, the bailiff has the right to evaluate the seized property and organize its sale in order to pay off the resulting debt.

Where are they sent for collection?

If the debtor’s permanent place of work is established, then the writ of execution is sent to this address for the collection of alimony.

This is the easiest way to collect, since everything will then be handled by the accounting department. Wages will now be calculated taking into account deductions, which will be automatically transferred to the account of the claimant.

If the debtor does not officially work and does not have his own business, then the IL can be presented to the bank where he has an account. In the absence of an invoice, foreclosure is applied to other property.

You will find more information on how you can collect alimony from a person who is not officially employed anywhere in a special article.

Possible difficulties

Among the problems that are most often encountered in enforcement proceedings are the payer’s evasion of payments.

Debtors often resort to the following tricks:

• change of address of residence, registration or stay;
• change of surname or first name;
• dismissal from work, constant transfers to other jobs;
• registration of your property in the name of relatives or friends;
• refusal to receive a “white” salary in favor of other payment options.

The opening of proceedings to bring him to administrative or criminal liability for evasion of payments can contribute to the debtor’s consciousness. Both the bailiff and the recipient of alimony can initiate an investigation into the offense.

Unlawful actions of the bailiff or his inaction in the proceedings can also slow down the collection procedure. In this case, the claimant needs to file a complaint with the leadership of the FSPP body or the prosecutor's office.

What should a father do if his ex-wife filed for child support? The answer is presented in the article “What to do if your wife filed for alimony.” You can find out how the alimony court process works here.

What does it look like?

The writ of execution is a blue A4 form with an image of the coat of arms of the Russian Federation in a multi-color version with a reproduction of the heraldic shield. The form of the form is approved by the state.

The document is sealed with the official seal of the court. The series and number are printed on the writ of execution in a typographical manner. The document is usually filled out in triplicate (for the plaintiff, defendant and SSP).

Other publications by our experts on the topic of alimony collection may also be useful to you. From them you will learn:

• When can an ex-wife demand payments for her maintenance?
• What to do if a man does not recognize paternity and how to file a claim for his recognition and alimony?
• Where to go to file for divorce and alimony at the same time, and how to file a claim in this case?
• How to collect payments for a child if the father is a foreigner and in other unusual situations?

Suspend, resume, terminate

The suspension of enforcement proceedings can be initiated by the court in the event of a challenge to the writ of execution or upon a petition to cancel the bailiff's decision.

The executor, as part of the proceedings, may suspend the collection process in the event of a search, serious illness, loss of legal capacity of the debtor, his death, with the possibility of succession of obligations, or on the basis of other reasons provided for in Article 40 of the Federal Law “On Enforcement Proceedings” (hereinafter referred to as the Law).

The suspension is carried out for a period until its reasons are eliminated, after which a decision is made to resume it.

Proceedings are terminated in cases provided for in Art. 43 of the Law, for example, upon the death of the debtor (without the possibility of succession of obligations) or recognition of him as dead, refusal of the claimant, or reaching an amicable agreement between the parties.

The decision to terminate the proceedings is made in the cases specified in Art. 47 of the Law, including the actual payment of alimony, the return of a writ of execution and other reasons.

It is important to note that alimony obligations are not inherited and if there is no debt, the proceedings must be closed. However, the accumulated alimony debt is transferred to the debtor's successors, therefore, until all circumstances are clarified, the proceedings are suspended.

How to recall?

To revoke a document, you need to submit an application to the district department of bailiffs. The application is submitted in any form to the bailiff or the head of the department.

In the application you must write:

1. department name;
2. court decision number;
3. indicate the reason for the revocation;
4. state the requirements;
5. date and personal signature of the applicant.

Attention! Within five days after you have collected the document, the enforcement proceedings will be terminated, and the IL will be handed over to the claimant. If he changes his mind, then at any time he can re-submit the document for execution. In this case, alimony will be calculated only from the moment the proceedings are resumed.

FAQ

In enforcement proceedings in alimony cases, it is worth paying attention to the following nuances.

1. If the document is lost

If a writ of execution is lost, the legislation provides for the possibility of its re-issuance.

An application for a duplicate must be submitted to the judicial authority before the deadline for presenting papers for execution has passed.

2. Typos in the document

Even the court is not immune from errors and typos in its decisions, so in order to eliminate them in the writ of execution, you need to submit a corresponding application to the court office.

3. Shelf life of paper

In accordance with the law, an enforcement file in general must be kept for a period of 5 years after its expiration or termination.

What to do if the bailiffs are inactive?

Not every decision to collect alimony is executed within the established time frame, since not all alimony payers help pay their obligations, hiding their location and information about their income in every possible way. The low effectiveness of collection measures is often explained by the reluctance of bailiffs to properly perform their official functions.

If there are grounds to suspect the bailiff of inaction, the interested party has the right to appeal to higher authorities, namely :

• Send a complaint to the management of the bailiff;
• File a claim about the bailiff’s inaction in court;
• Send a complaint to the prosecutor's office.

General information about filing a complaint against bailiffs for alimony is described in a special material. Recommended reading.

As practice shows, a complaint to the higher management of a particular bailiff is enough to ensure that ineffective measures taken in enforcement proceedings are reviewed.

Obtaining a duplicate in case of loss

Loss or damage to a writ of execution can lead to a significant increase in the period for contacting a bailiff, since this document is needed to open proceedings on payments for children. Obtaining a duplicate is possible only from the authority that produced this document.

In order to obtain a second writ of execution, you must contact the same court where the decision to collect payments was made.

The application should indicate in detail all important information, namely :

1. Number of the case regarding the collection of child benefits;
2. Data from the FSSP body to which the collection case was sent;
3. Reasons for requiring a duplicate (damage, loss);
4. Request for a copy;
5. Date, signature.

After submitting such a document, you must wait for information about the upcoming court hearing where such an application will be considered. If the court has no grounds for refusing the request for extradition, then a duplicate will be issued after the relevant decision is made and issued to the plaintiff.

When can the court refuse to pay alimony?

There are grounds when a claim cannot be satisfied:

• The child has reached the age of majority, is legally capable, and does not have a disability.
• An 18-year-old person is recognized as able to work after a long illness (the issue is decided by a medical commission).
• The minor has undergone the emancipation procedure (official employment, opening his own business, entering into a registered marriage).
• Death of the alimony payer or recipient (child). If the parent receiving the money dies, the debtor still remains obligated to make payments. They move on to another legal representative.
• The child was adopted by the new spouse with the agreement of the father. After this, the responsibility for maintenance passes to the new parent.
• It has been proven that the payer is not the biological father. If a minor and a man are related, but this is not documented, a genetic examination will be required. Please note: if a party refuses to conduct an examination, in most cases the decision is made in favor of the plaintiff.
• There is a voluntary agreement between parents, according to which regular payments for child support are replaced by the transfer of expensive property (real estate, securities) in his name.
• The child will live with the payer, who is responsible for maintenance. Under these circumstances, a parent may sue their ex-spouse for child support.

Is it possible to collect alimony from my husband's parents?

The law allows such a right under certain circumstances. When collecting alimony under a writ of execution, the applicant's spouse is indicated as the defendant. However, if the biological father cannot participate in the maintenance of the minor due to objective circumstances, the responsibility falls on the spouse’s parents (respectively, the child’s grandparents).

In accordance with Art. 94 of the RF IC, these family members are responsible for the material maintenance and upbringing of a minor grandson if he cannot earn a living on his own. To receive alimony, the following conditions are necessary:

1. The child has not reached the age of majority (except for children with disabilities of the first and second groups).
2. Lack of financial support from parents (if the father or mother does not pay child support but is able to work, this will not be a basis for collecting debt from their parents).
3. A decent financial position for the spouse’s parents, which makes it possible to support a grandson without compromising their own lives.
4. A parent of retirement age is in good health.
5. The child has no parents (if the minor is an orphan, the guardianship and trusteeship representative can, through the court, obtain financial support from an able-bodied grandfather or grandmother).

For recovery, a statement of claim is drawn up, in which the party lists the circumstances of the use of an extreme measure - the collection of funds from the husband's parents. The decision is made within 30 days, the court sets a date for a hearing at which the parties are required to attend.

Articles:

How to correctly revoke a writ of execution for alimony without consequences

Sample application for collection of alimony under a writ of execution

How to restore if lost?

To restore it, it is enough to write an application to the court and ask for a duplicate to be prepared. Replacement is usually done within a week. If the sheet is lost due to the fault of officials, then administrative liability may be imposed.

A writ of execution is a very important document for the forced collection of alimony. It is the basis for starting enforcement proceedings. With its help, you can achieve the deduction of funds from the debtor’s wages or withdraw money from his bank accounts.