The ex-husband pays 1000 rubles in alimony. What to do?

April 4, 2019

All parents of a minor child bear child support obligations, but most often it is the father who left the family who becomes the payer of child support, either voluntarily or by court decision.

But with regard to the enforceability of both court decisions and voluntarily assumed obligations, things in Russia are not the best. Almost every second alimony payer is in regular delays, and every third is in debt.

Another problem is the small amount of alimony, which can sometimes reach only 1-2 thousand rubles. This amount is clearly not enough for a child to live a full life.

Suspension of alimony by agreement

If, in order to assign alimony in favor of minors, the parents have drawn up an agreement and notarized it, then the suspension of payments for children may also be provided for in the clauses of the agreement.

At the stage of document formation, parents can determine factors, upon the occurrence of which the alimony obligee may temporarily suspend the payment of money for minors. It should be noted that penalties and interest are not assessed for the lack of alimony during this period. Factors leading to the suspension of alimony payments include:

• the appearance of serious illness and disability in the alimony provider;
• job loss;
• significant financial losses;
• worsening political tensions in the country;
• natural disasters, catastrophes, accidents, etc.

Parents can set a condition according to which, after the financial situation has normalized, the person obligated for child support must resume paying money for the children and transfer compensation for the shortfall.

The agreement can also provide for the possibility of paying alimony in advance. For example, if the child support worker is going on a long business trip or trip.

If the terms of the alimony agreement do not provide for the suspension of payments in favor of minors, then the parents can make adjustments to the document. Initially, parents need to agree on new points in the document. Next, the changes are presented on paper and certified by a notary. That is, the procedure for making changes to the alimony agreement corresponds to the original procedure for drawing up a document to withhold alimony payments.

Notary registration price

Since the document requires notarization, then the money will have to be paid to the notary. The cost for performing such an action consists of two parts: the basic tariff and the notary services themselves.

This is the so-called fee for technical and legal work. The size of the latter is not regulated by law. However, regional Notary Chambers have the right to establish the amount of payment for notary services.

The notary fee is 250 rubles. And the total amount that parents pay to the notary can be approximately 8,000 rubles. This is the case if the notary himself prepares the text of the agreement on the payment of alimony.

Suspension of alimony payments by withdrawal of a writ of execution

Not a single citizen is immune from deterioration of their financial situation or changes in life circumstances that entail significant financial costs. In this case, the alimony provider cannot do without reducing the amount of alimony or suspending it. To revoke the writ of execution, the payer will need to negotiate with the recipient of the money for the maintenance of minors. The claimant can revoke the writ of execution, after which payments are suspended.

Circumstances leading to the suspension of alimony payments include:

• serious illness resulting in the establishment of a disability group and the assignment of a pension;
• reduction or dismissal at the initiative of the employer;
• deterioration of life situation (serious illness of a family member or close relative);
• outbreak of hostilities, emergencies, natural disasters.

If each of these situations occurs, the citizen liable for child support will not be able to properly fulfill his obligations to the children. Due to a lack of money, alimony debt will begin to grow. In case of prolonged absence of payments, bailiffs can seize the debtor’s property and sell it to pay off the alimony debt.

A citizen independently liable for alimony will not be able to pick up enforcement documentation from the FSSP. This can only be done by the recipient of child support. In this case, the bailiffs will not be interested in the reasons for the withdrawal of the official document; it will be returned to the applicant upon request. In the future, the writ of execution may be sent again to the FSSP to resume deductions from earnings in favor of children.

The only situation when the alimony worker can independently revoke the enforcement documentation is an upcoming business trip to a hot spot for military service. During the business trip, alimony payments are suspended. To suspend payments, a citizen liable for alimony must go to the FSSP and write a corresponding application.

Alimony recipients often go to court with a claim to suspend alimony payments after losing their job. A temporarily unemployed citizen registers with the Employment Center, where he receives unemployment benefits, from which alimony payments are deducted. But the amount of the benefit is not enough to meet the minimum needs of the citizen, and alimony is still withheld from him. Therefore, citizens turn to the court with a request to suspend alimony payments. But according to the law, job loss is not a valid reason for suspending alimony. Courts consider such claims and make a decision depending on the plaintiff’s life situation. If he is able to prove his need, then the claim may be satisfied with subsequent reimbursement of the unpaid amount (or without it).

Will I have to pay child support to my “ex-child”?

Unlike wives, children do not become “ex” after a divorce. Even if the mother remarried and her new husband took full responsibility for providing for the family, the child’s natural father is obliged to support him until he reaches adulthood.

A notarized waiver of parental rights is not enough to relieve oneself of child support obligations. The same as deprivation of parental rights by court.

The lack of parental rights means that a man cannot spend time with the child at will, sign documents as his legal representative, cannot force him to support himself in old age, and loses the right to inherit to his child by law. But he is obliged to pay alimony, otherwise he may be brought to all types of liability, including criminal liability.

Is it possible to automatically suspend alimony payments?

The reasons why bailiffs can suspend the forced withholding of alimony payments are determined by Art. 40 Federal Law of the Russian Federation “On Enforcement Proceedings”. The article contains data on alimony maintenance for various categories of payment recipients. Alimony maintenance is suspended when the following circumstances occur:

1. Death of a person obligated for alimony, recognition of him as dead. For other obligations, the heirs of the deceased become legal successors. But this rule does not apply to alimony obligations. Enforcement proceedings are terminated.
2. If, by a court decision, the alimony provider is declared incompetent. In this case, alimony maintenance is suspended for an unspecified period.
3. Service in the ranks of the Russian Armed Forces during a period of emergency, martial law, participation in a military conflict. These circumstances allow the payer to independently apply to the FSSP to suspend alimony payments.

The legislation also defines a number of cases when a bailiff can suspend (but is not obligated to) the collection of alimony from the payer’s earnings:

• the alimony is undergoing inpatient treatment in a medical institution;
• the person obligated for maintenance is undergoing military service upon conscription;
• the debtor or offspring (recipient of alimony payments) is wanted;
• The court document establishing child support for minors is disputed.

Suspension of alimony by the payer

If a citizen liable for alimony has reasons for suspending alimony payments, he should contact the bailiffs or the court. It is prohibited to stop payments without permission.

The procedure for temporary (permanent) termination of alimony maintenance consists of the following stages:

1. Collection of a package of documentation confirming the right of the alimony-obliged person to suspend payments.
2. Writing a petition to the court or to the FSSP;
3. Submission of documents to the court (FSSP);
4. Pending consideration and decision on the petition.

Obligations to pay alimony, as well as debts and penalties on them, do not cease until the day when a judge or bailiff makes a decision to suspend payments.

How to avoid deprivation of rights for alimony?

If the father does not want to lose his rights to the child, then under no circumstances should he write a waiver. And if such a question was initiated by the mother, then in court it will be necessary to prove that the parent performs paternal functions in full. If alimony is prescribed, it must be paid by the defendant strictly on time.

In addition to parental, for non-payment of child support, you can lose your driver's license. This sanction was introduced relatively recently, from the beginning of this year. It’s quite simple not to lose your driver’s license - you need to avoid arrears of alimony obligations exceeding 10,000 rubles. It is for this amount of debt and above that this sanction is applied.

Writing an application

Legislators do not establish requirements for writing an application. To be accepted, a citizen must adhere to the official style of presenting information and indicate the following information:

1. in the “header” of the document indicate the name of the government agency to which the application is sent;
2. Full name, address and contact details of the applicant;
3. title of the document: “Petition (application) to suspend enforcement proceedings on withholding alimony”;
4. the main part of the document begins with an explanation of the situation: the date and details of the court document on the collection of alimony payments, the full name of the recipient, payer and children, the amount of alimony support;
5. the following lists the factors the occurrence of which makes the suspension of alimony maintenance legal, evidence of the presence of these factors;
6. references to legislative acts confirming the legality of the temporary suspension of alimony payments for minors;
7. a request for a temporary suspension of alimony payments, the period until which the suspension is planned should be indicated (for example, until the completion of military service);
8. The document ends with the date of preparation and the signature of the applicant.

Download
a sample application for suspension of enforcement proceedings

To suspend alimony payments through the court or the FSSP, payment of a state fee will not be required.

Application documentation

To suspend alimony payments, the application must be supported by documents that confirm the legality of the citizen’s actions. Their list will depend on the factors that became the basis for applying to the court or the FSSP to interrupt alimony. The following must be attached to the application:

• passport;
• children's birth certificates;
• marriage or divorce certificate.

For example, if a citizen liable for alimony is in a hospital for treatment, then you will need to attach medical certificates with a diagnosis and a referral for inpatient therapy.

The documentation that is listed in the materials of enforcement proceedings is not attached to the application (writ of execution, court decision, etc.).

Where did self-employment come from?

To complete the treatment, A. had to move to Moscow. And in Moscow, she discovered that her specialty (children's massage therapist and exercise therapy specialist) was quite in demand here. There were people who wanted to invite me to work from home and work with children.

At the same time, A. was told about the new tax regime. She registered for self-employment.

What is noteworthy is that self-employment has taken shape at the tax office in Tver (by registration). Based on A.’s statement that she will provide services in Moscow. And no one has checked or is checking the place where the services were provided.

Where to submit documents?

In order for alimony payments to be temporarily suspended, you should contact:

• to the bailiff who opened and is conducting enforcement proceedings;
• to the court that made the decision to assign alimony maintenance.

Initially, it is recommended to contact bailiffs. If they refuse, they should go to court. A citizen liable for alimony can immediately go to court, and the claim will be accepted.

The documentation package can be sent to the court or bailiff as follows:

• deliver in person;
• send an authorized representative with a notarized power of attorney for the transfer of documents;
• send the papers by mail with notification of receipt and a list of enclosed documents.

In what cases can a recipient refuse payments?

Cases of refusal of alimony by the recipient are rare in practice, however, they still occur. The reasons for this may be the following:

• permission by the father for the child to travel or live abroad in exchange for paying alimony;
• the child receiving ownership of an apartment, car and other material benefits from the father in exchange for paying alimony.

It is impossible to simply refuse child support without any alternative. Most often, such agreements are drawn up with a notary. A parent who has decided to refuse to receive child support must carefully weigh the pros and cons, and also evaluate his financial ability to independently support the child. Having once refused alimony, you will not be able to count on your father’s help in the future.

Frequency of consideration of the application

If the documentation is submitted to the FSSP department, then the request to suspend alimony payments must be considered by bailiffs within 5 days. If the designated period has expired and the bailiff has not taken any action, then the citizen can go to court.

If the applicant applies to the court, the consideration period will increase to 30 days. The claim is considered in the manner determined for the circumstances resulting from the execution of court decisions.

If the initiator of the suspension is the alimony recipient

For a number of reasons, the recipient of payments may also need to suspend alimony payments. For example, a mother has a stable and high income and wants to provide for her children on her own. Some mothers refuse their ex-spouse's money when they remarry or when they move permanently outside the country.

The collector of child support payments can at any time take away the enforcement documentation from the bailiff, after which money is not withheld from the child support worker’s earnings. Next, the claimant can again send the writ of execution to the FSSP department to resume enforcement proceedings at any time until the offspring reaches the age of majority and for 3 years after the age of 18.

In accordance with the law, for a claimant of alimony payments, the procedure for suspending enforcement proceedings to withhold alimony is significantly simplified. The payee will be required to take the following actions:

1. Submit an application to the FSSP to revoke the writ of execution (no additional documentation is attached).
2. Wait until the application is reviewed by the bailiff.
3. Pick up the executive documentation.

The deduction of alimony from the payer's wages ceases on the day the relevant application is submitted. The day the bailiff made the decision and the date of receipt of the documentation are not taken into account.

If at the time when the enforcement documentation was revoked, the alimony provider already had arrears in payments for minor children, then it remains until full repayment. The obligation to provide financial support to children until they reach adulthood also does not disappear. It is temporarily suspended and can be resumed at any time.

Let's sum it up

If the child support provider has financial difficulties (loss of job, serious illness), then the legislation provides him with the opportunity to suspend the provision of financial assistance to the child. However, for this you will need to contact the appropriate authorities, providing an application and the necessary documents. You can also try to come to an agreement with the recipient of alimony so that he becomes the initiator of the suspension of payments.

It is prohibited to suspend payments on your own - this entails the accrual of fines and penalties, the formation of debt and other unpleasant consequences.

Legal consequences of suspension of alimony payments

If a resolution on the suspension of alimony payments for the maintenance of minors comes into force, enforcement procedures in relation to the alimony-obligated citizen are terminated. Alimony debt does not arise in the absence of payments.

Today, courts use different approaches to such claims. Some courts satisfy claims for suspension of alimony payments in accordance with the Federal Law of the Russian Federation “On Enforcement Proceedings”. Other courts reject claims, explaining that the suspension of payments will lead to a deterioration in the financial security of the minor. In this case, the judges refer to Art. 211 of the Code of Civil Procedure of the Russian Federation, which provides for the immediate execution of court decisions regarding alimony payments.

Despite the ambiguity of the situation, a citizen liable for alimony has every right to demand the suspension of alimony payments after the occurrence of factors contributing to this.

Cancellation of alimony support

The claim for suspension of alimony maintenance is rejected, and payments are completely stopped in the following cases:

• if paternity is disputed;
• in case of refusal of financial support by the ex-wife;
• if the child in whose favor alimony support is assigned is adopted.

Challenging paternity

If a man doubts that he is a blood relative of a child, Russian legislation allows him to challenge the relationship. To do this, a claim must be sent to the magistrate’s court at the place of residence and documents confirming the absence of family ties must be attached to it. If the court considers that the evidence presented is insufficient, a genetic examination will be ordered.

If a man, at the time of entering information about him into the child’s birth certificate, was notified that he is not a blood relative of the child, then the court will refuse to satisfy the claim.

Alimony for ex-spouse

The ex-husband is obliged to support the ex-wife in the following cases:

• she lost her ability to work;
• if you are on maternity leave or on parental leave for a child under 3 years old;
• if she is unable to work because of a disabled child who requires constant care.

To cancel alimony support for a spouse, the alimony-obliged citizen must prove that she no longer needs financial support (she got married, got a job, has a high and constant income).

Child abandonment. Father's procedure

Adoption of a child “with a living father” occurs in the following order:

• The child's natural father certifies his consent to his adoption by another person with a notary
• The child's mother files a claim to deprive the child's father of parental rights
• Her new husband is suing for the adoption of his wife's child

ATTENTION! The waiver of parental rights itself is not provided for by law, and this document has no legal force. However, courts take it into account when considering cases of deprivation of parental rights. Voluntary renunciation of parental rights is equated to the provision formulated in Article No. 69 of the RF IC “evasion of the father from fulfilling parental responsibilities” and provides formal grounds for depriving the latter of parental rights. This is relevant when otherwise there is no reason to deprive a man of parental rights - he pays child support regularly and does not cause harm to the child. So a notarized waiver of parental rights is an exclusively formal document for the court.