Collection of additional expenses for a child under Art. 86 Family Code

The procedure for collecting alimony

According to the law, financial responsibilities for the maintenance of children are divided equally between the father and mother. If both parents do not participate in the maintenance of the child, alimony is collected from both.

But a more common situation is when the mother of children receives alimony from the father: after a divorce, for an illegitimate child, and even in an existing marriage when living together, if the father refuses to bring wages “to the family.”

Alimony is paid:

• Voluntarily, according to a notarized agreement between the parents
• By order or decision of the court

How this will happen is up to the parents themselves to decide. In some cases, a court order is convenient for the father: he does not have to calculate how much he should pay for the child, he passes the order to the accounting department and “forgets about alimony”, everything happens without his participation.

A peaceful agreement, of course, is preferable, first of all, for the child. The contractual method is the most flexible.

Children can receive assistance in the form of real estate, property, one-time or periodic payments, payment of large expenses or, conversely, a set of groceries once a week, payment for vacations and travel, etc.

That is, the father does not simply “pay off a check” from the child, but participates in its maintenance, in accordance with the specific needs of his son or daughter.

It should be recognized that alimony by agreement is effective only when the parents maintain good relations after the divorce and strive to minimize the harm caused to the child’s emotional development by the destruction of the family. Unfortunately, this approach is still rare.

Quite often, an alimony agreement concluded during a divorce is violated. In this case, the mother can, on this basis, through the court and the FSSP, demand the fulfillment of the promises made by the father. The agreement has the force of an executive document.

If there are initial disagreements about money for children, alimony is collected in court. You can do this simultaneously with the divorce, you can do it after, you can even do it before the divorce. This is perhaps the most convenient.

Alimony in marriage is collected in a simplified order; the procedure takes only 5 days and does not require personal participation in the meeting. After the divorce, the amount of alimony will not change, and nothing will have to be re-registered.

The decision on alimony can be made by the court:

• By order of production
• By way of claim proceedings

The first method is used if there are no fundamental disagreements about “to pay or not to pay” between the parents. The second is if the husband goes into hiding after the divorce, hides his income, tries to challenge paternity, etc.

How to reapply for child support

You cannot go to court again; we have already established this in the information above. But for re-applying to the FSSP, there is a certain algorithm that cannot be violated.

1. Collect the necessary documents and check their execution. You will need the original writ of execution, certified by the seal of the court and the signature of the judge.
2. Check to see if the debtor's place of residence has changed. And at the same time yours. New information must be provided in the application.
3. Prepare an application addressed to the head of the FSSP at the debtor’s place of residence.
4. Submit an application and a writ of execution to the FSSP service.
5. Wait for the initiation of enforcement proceedings.

IMPORTANT: It does not matter for what reason you recalled the sheet last time. Bailiffs have no right to prevent you from exercising your right to enforce a court decision.

There is no fee for re-initiating enforcement proceedings; there are no sanctions or fines for refusal to collect alimony to the applicant-recipient.

Application for re-application for alimony

To re-apply for alimony, bailiffs need to prepare and fill out an application.

There is no approved and mandatory sample, but the application must contain the following information:

1. Name of the FSSP body where the document is submitted;
2. Full name and residential address of the applicant;
3. Information about the circumstances of the case: details of the decision, amount and method of collection, full name of the debtor and child;
4. Information about the previous enforcement proceedings and the reasons for reopening the proceedings (optional);
5. Request for re-initiation of proceedings;
6. Addresses of the claimant and debtor;
7. Details for transferring funds;
8. Personal signature and date of preparation and signing of the document.

You can use the sample below to independently compile and re-submit alimony. If any difficulties arise, consult with our lawyers completely free of charge.

The application can be drawn up either by hand or typed on a computer. The following documents are attached to it:

1. A writ of execution for the collection of alimony or a court order;
2. Copy of the passport;
3. Address certificates confirming the current address of both the claimant and the debtor;
4. An account statement with the bank details where the money will be transferred.

All documents must be submitted in original (except for a copy of the passport).

Deadlines for re-applying for alimony

There is no deadline for re-applying for alimony. If a writ of execution for an ordinary debt can be submitted for execution within 3 years, then a writ of execution for payments for a child is submitted during any period until the child reaches adulthood.

Example. In favor of the minor son Roman K., alimony in the amount of ¼ was collected from his father K. After six months of forced collection of financial assistance, the child’s mother and his father agreed on a voluntary payment of funds in exchange for the withdrawal of the writ of execution. The claimant took the sheet and K. paid the due amount himself for a couple of years, without bailiffs. After repeated violations of its obligations, the claimant again sent the sheet to the FSSP.

At the same time, if the parents again agree on a voluntary payment, the claimant will once again be able to withdraw the writ of execution.

After the repeated application, the bailiff opens enforcement proceedings no later than 5 working days and begins work.

IMPORTANT: If it is determined that the payer has not previously paid alimony, it can be recalculated for the past period of up to 3 years. But this is possible only when the recipient proves repeated requests for money from the payer.

How many times can you apply for alimony?

The number of repeated presentations of the writ of execution, as well as the number of its reviews, is not limited by law.

The parties have the right to agree on the fulfillment of the terms of the court decision voluntarily, then terminate their agreement and re-initiate enforcement proceedings.

Find out more about the procedure for revoking a writ of execution.

The number of applications for alimony to the court is limited to only one application and subsequent decision.

Judgment rendered:

• Valid indefinitely;
• Can be presented at any time before the expiration of the alimony obligation;
• It is not canceled at the request of one or the other party.

If the claimant does not want to fulfill it, he does not have the right to cancel it of his own free will. The claimant can only withdraw the writ of execution from the bailiffs, but the decision itself remains in effect and does not lose its legal force.

Procedure and rules for paying child support

ATTENTION! The procedure and rules for paying contractual alimony are not regulated by law! Parents have the right to agree on anything that suits both parties. There is only one legal requirement - alimony under the contract cannot be less than what the court would determine by its decision. This point will be checked at the notarization stage. On an agreement with “meager” alimony of about 1 thousand rubles per month, the notary simply will not put his stamp.

However, the rules for calculating and paying alimony ordered by the court are clearly regulated.

Resolving the issue of alimony assignment in court

Like any complex case, winning a lawsuit requires specialized knowledge and experience. If you do not have such advantages, hire a lawyer. The court in Russia is adversarial, which means the winnings depend on the quality of the evidence collected and its presentation during court hearings. Without the help of a qualified lawyer, most Russians will not be able to cope with the task.

Both sides of the case need a lawyer during a child support trial. Each of them has its own interests and rights that require protection.

The procedure for solving the problem of assigning alimony through the court

Deciding on how to achieve protection of your rights in alimony court requires compliance with a certain procedure. To do this you need:

• collect evidence of your legal case;
• draw up an application to the court for alimony;
• file a claim in court, attaching evidence;
• participate in court hearings if they are scheduled.

Ultimately, the court will make a decision on alimony.

Application to the court for alimony

Depending on the circumstances of the case, you can achieve the assignment of alimony through the court in two ways: by receiving a court order to this effect, or as a result of the consideration of the case in court. A court order is issued according to a simplified procedure within 5 days. A court hearing is not required. In order to apply for a restraining order, your case must meet all of the following criteria:

• there is no dispute about paternity;
• alimony is assigned as a share of the defendant’s income;
• the defendant is not alimony payer at the time of going to court;
• the defendant’s place of residence and work is known;
• the assignment of alimony does not violate the interests of third parties.

If any of the criteria are violated, you will have to file a claim and wait for a decision in the general manner. The period for making such a decision is at least a month.

The application is drawn up in accordance with the general rules of office work. It should contain:

1. The address part, which is often called the “header” . This part is located in the upper right part of the sheet and contains information about the court to which the application is being filed, the plaintiff and the defendant.
2. Title of the document . Depending on the circumstances, the name: “Application for the issuance of a court order for the collection of alimony” or “Statement of claim for the collection of alimony.” The name is placed below the address part in the middle of the line.
3. The main part . It is written with a red line under the name and must contain information about the relationship of the dependent and the defendant, as well as a description of other circumstances of the case. The main part sets out clear and specific requirements for the defendant. The demands are formulated as a request to the court. For example: “I ask the court to order alimony ....”.
4. List of Attachments , which lists all attachments.
5. The application must have the date of preparation and the signature of the plaintiff with a transcript at the bottom.

The application is submitted to the magistrate's court or district court at the place of residence or stay of the defendant. If this place is unknown or there are special circumstances, such as the plaintiff's illness, the application may be filed with the court at the plaintiff's place of residence. The plaintiff is exempt from paying the state fee when filing an application to the court for alimony.

How does child support court work?

The court hearing on the assignment of alimony takes place in the same way as court hearings on other issues. A hearing is announced. The parties present their legal positions and evidence, make statements and objections, and answer questions. At the end, the judge makes a decision and announces it.

What decision can the court make regarding child support?

The child support court may satisfy the plaintiff’s demands in whole or in part, or refuse. If the requirements are satisfied, then when assigning alimony in a fixed amount, the court proceeds from the fact that both parents or all children are required to support the dependent and the minimum subsistence level in the region of his residence. That is, the minimum subsistence level is divided among all persons who must support a dependent. Based on the circumstances of the case, the court may deviate from this rule.

If alimony is assigned as a percentage, then the list of taxable income is approved by the government. Typically, 25% is assigned for one child, 33% for two children, and 50% of the parent’s income for three or more children. At its discretion, the court has the right to change these percentages based on the capabilities and interests of all parties to the process.

In alimony court you will have to defend your legitimate interests and rights. It is best to hire a professional lawyer to handle this task.

Sources:

Amounts of alimony awarded.

List of income from which alimony is prescribed.

Exemption from paying state fees when going to court for alimony.

Consideration of alimony cases in a simplified manner.

Methods for calculating alimony

Courts calculate alimony in two ways:

• As a percentage of regular income (25% for one child, 33% for two children, 50% for three or more)
• In the form of a specific monthly amount (calculated on the basis of the minimum wage and subsistence level (LM), if the alimony payer does not have a regular income)

When making calculations, the court takes into account individual circumstances: the financial situation of the father and mother, the state of health of the child and parents, the presence of additional dependents of the alimony payer. The interests of the child are a priority.

The final percentage amount of alimony may be reduced. For example, if there is only one child in a given family, but the father has another one for whom alimony is also paid, the amount of alimony for one child will not be 25%, but 16.5% (33% for two children, divided equally).

It may be increased. For example, if child support is paid not only for the child, but also for the mother (if she is on maternity leave or is disabled), deductions can reach 70% of earnings.

The amount of fixed alimony can be calculated based on the “children’s” minimum wage or as a percentage of 1/2/3 of the minimum wage. If the father has good reasons (health status, lack of work and employment opportunities, dependents), alimony can be multiples of the minimum monthly wage - 0.5, 0.3, 01 subsistence minimum. Fixed alimony is indexed with an increase in the indicator on which it is based (minimum wage or minimum wage).

The law allows for a combination of calculation methods. A fixed amount of alimony may be assigned, plus a certain percentage of earnings.

Grounds for collecting maintenance

The legislator included in the provisions of family legislation (Articles 87, 88 of the Family Code) norms that define the grounds for collecting maintenance. These include:

• Persons reaching retirement age;
• Recognition of a parent (or parents) as disabled in the first two groups;
• Need help.

All these grounds require documentary evidence . In addition, the very right to receive alimony from children may be challenged in court. It is often cited that the plaintiff leads an antisocial lifestyle, abuses alcohol, etc.

The legislator has established two reasons why children are exempt from paying parental support:

• Deprivation of the plaintiff's parental rights;
• The court found that the applicant evaded his responsibilities for raising children and their financial support.

It follows from this that the parent’s lifestyle is not a basis for refusing alimony. Another thing is that it affects the size of regular payments. However, not everything is clear here either. The plaintiff’s addiction to alcohol may be recognized by the doctor as a disease, additional funds will be required for treatment, and the amount of alimony may increase.

Pensioners

The first category of persons who apply for child support are persons who have reached retirement age. The legislator established the retirement age: 60 years for men, 55 years for women.

This age was set in 1932. In 2021, the Russian government decided to increase it gradually (until 2028) - for several years for both men and women.

This is due to insufficient financial provision for citizens. The problem is aggravated by the fact that at this age people suffer from several diseases at once, one of which is serious. Treatment is expensive, and the pension is spent on current needs - food, utilities. The missing funds can be obtained through child support.

You can read more about child support for parents of pensioners in a special article prepared by our editors.

Disabled people

This category includes persons who:

• Officially passed a medical social examination;
• Recognized as disabled people of the first and second groups.

As a result of pathological processes, citizens may partially or completely lose the normal functioning of systems and organs. Depending on this, they are assigned a disability group, there are three in total. The last, third group, is not the basis for assigning child support.

Needy

The first two groups can be included in this category - they are in full need of financial assistance. However, a person may not be a pensioner or disabled, but still qualify for child support. In this case, several conditions must be met simultaneously, namely :

1. The citizen is in need.
2. He has no opportunity to earn money on his own; his earnings are insufficient.

This is a difficult case; we have to collect a package of documents that confirms that the plaintiff is constantly trying to increase income, but this is objectively impossible. In addition, he is in need: there is no money for the necessary treatment, urgent repairs to his living space, etc.

Payment methods

The frequency and methods of payments are also regulated by the court. The wishes of the alimony recipient may be taken into account, which should be indicated in the statement of claim:

• Receiving money from hand to hand against receipt
• By transfer to a bank card or account
• By postal transfer

The costs of shipping or transfer are borne by the alimony payer.

Alimony ordered by the court is paid strictly monthly. Payment in advance is not allowed.

ATTENTION! If alimony is transferred not by the accounting department of the enterprise, but by the alimony payer himself, he must save all documents that serve as confirmation of the payment made (checks, receipts, bank statements, receipts of the alimony recipient)

Alimony for the second time: possibility and practical features

Alimony obligations were introduced into the legal field to ensure support from one family member to another, provided that the recipient is unable to independently provide for the life needs of the recipient.
Most often, they are paid by the father when the children are raised by the mother, but other situations are also possible (payments from the mother, by children in favor of disabled parents, and so on).

Payments are assigned in accordance with a judicial act or by agreement of the parties. As a general rule, re-filing will not be possible, but practical situations differ depending on the specific conditions and therefore require separate legal analysis.

Alimony payment terms

As a general rule, child support is paid until the child reaches the age of majority (18 years). The period of alimony may be reduced or extended. For example, if a child at the age of 16 has undergone the emancipation procedure (obtaining full legal capacity and release from the legal influence of parents by a court decision or guardianship authorities), the payment of child support for him is stopped. On the other hand, alimony for a disabled child is paid even after he reaches adulthood.

Studying at a university, contrary to popular belief, is not a basis for extending the period of alimony payments after 18 years. Although no one can prohibit a father who pays voluntary alimony from helping his child until he finishes his studies and finds a job.

Throughout the entire period of payment of alimony, either parent has the right to file a lawsuit or application to change the order of payments or the amount of alimony.

For example, the alimony payer has the right to ask for a reduction in payments due to the birth of other children, and the alimony recipient for an increase if the child needs additional funds (for example, for treatment). The court will consider all the circumstances of the case and make a decision.

Does the father pay child support after 18 years of age?

Adults have the same rights as adults. They can vote in elections, marry without parental consent, work and support themselves. But most often these possibilities are nominal, since in practice they are extremely difficult to implement.

Young people are still as dependent on their loved ones as before: they continue to live with them under the same roof and cannot yet find a job, as they must get an education. Often the financial situation of families, especially single-parent families, is difficult, and one mother is not able to provide an adult child with everything necessary.

Some adults remain attached to relatives for much longer, sometimes throughout their lives. We are talking about people with disabilities who need assistance, regular care or medical rehabilitation. Social benefits provided by the state are meager and most often do not provide even the basic needs of people with disabilities, not to mention full rehabilitation or a decent quality of life.

In these cases, the responsibility to provide financial support for children remains on the parents. Not only the mother with whom he remained after the divorce should take part in the child’s life. If the father does not seek to provide assistance to his son or daughter voluntarily, then the court can convince him of this.

pixabay.com/Anemone123

Frequency of payments

Alimony is calculated from the date of filing the application or claim in court. That is, even if the complicated process lasted several months, the child will receive child support for all these months.

Alimony by court is paid once a month (this is usually reflected in the court decision). However, in most enterprises, salaries are paid twice a month: an advance and a monthly payment. Typically, “percentage” alimony is calculated at the time of calculating the basic salary, when it is already known exactly how many days and hours worked. “Solid” alimony can also be deducted on the day of the advance.

ATTENTION! The law establishes a three-day period for transferring the alimony amount to the recipient after the wages of the alimony payer are calculated. It is worth keeping an eye on this, since for each day the juice is violated, a penalty of 0.5% of the total amount is charged. However, if it can be proven that the delay occurred for reasons beyond the control of the alimony payer and the accounting department, the penalty can be challenged and not paid.

Collection procedure

“The collection of alimony for adults by court order is not carried out,” comments Ruzanna Khanamiryan. - This is only a claim proceeding. You need to go to court and prove that maintenance is necessary, since the second parent cannot independently pay for the child’s education and other expenses, and the child himself cannot yet provide for himself either.”

When filing a claim in court, you must provide supporting documents:

• birth certificate;
• an agreement with an educational institution, which states that the student is a full-time student and necessarily on a budget;
• documents of the mother's solvency.

It is important to understand that the arguments presented in court must be convincing. It is necessary to confirm the difficult financial situation of the family, to show that the mother has a small salary, which she cannot cover the costs of maintaining and educating the child. Provide other evidence, for example, that there are several children in the family, and the father does not help financially. If the court supports the mother's demands, the bailiffs will collect the money from the father's official income.

Exemption from payment of alimony for minor children

So, let us repeat – the main reason for exemption from child support is the child’s coming of age. But other options are also possible:

• The child underwent the emancipation procedure at the age of 16
• The child has entered into a legal marriage (according to regional legislation or subject to a reduction in the age of consent for good reasons)
• The child is adopted (by the mother's subsequent spouse or other person)
• The child support payer successfully challenged paternity of the child
• The child moved to the child support payer and began to live with him
• The child died
• The alimony payer died

If you still have any questions about the topic of paying child support, or you would like to clarify the nuances of your specific situation, the lawyers of the Prav.io portal will answer you.

How many times can you apply for child support?

The law does not limit the number of claims for child support that can be filed.
The main thing is that there are reasons for this. But if an application for child support is filed in court, it cannot be withdrawn. Even if the parents have agreed on the amount and frequency of payments, the court must still make a decision. In this case, the mother and father will have to enter into a settlement agreement in court.

It is permitted to withdraw an application for alimony for an adult relative.

How to apply for alimony through State Services? Step by step order

How to apply for child support for yourself?

Terms of consideration

For this category of cases, the same terms apply as for the initial collection of alimony.
The application must be considered within thirty days from the date of its acceptance by the court. An increase in the period is possible only for compelling reasons, for example, if it is necessary to order an examination.

As a general rule, repeated collection of alimony is not permitted. Only one judicial act is issued; in the future, the amount of penalties can only be changed. Resubmission of the writ of execution is permitted, as well as filing a claim after refusal of alimony under the agreement. In this case, all circumstances must be carefully assessed, since the court pays attention to all factors relevant to the issue.

Can they refuse?

The restoration of rights to receive alimony may be refused if circumstances have changed and the person who previously received them has lost these rights. Such situations may arise:

1. If the father has proven in court that he is not the biological father of the child.
2. If the children began to live with their father, who supports them and provides them financially.
3. In case of transfer of a child or children to an orphanage, foster family or other social and educational institutions where he resides permanently.
4. When the recipient of alimony is deprived of parental rights.

If parental rights are deprived or a child lives in a specialized institution, maintenance funds commensurate with alimony payments may be collected in favor of the child by the institution (family) in which he lives.

In addition, cases of refusal may result from the fact that the application was submitted:

• not a proper person;
• not in the prescribed form;
• in violation of legal regulations;
• with technical errors.

If the refusal to reproduce enforcement actions is unlawful, the recipient may file a complaint against the bailiff with the head of the territorial branch of the FSS or the prosecutor's office.