Where is the writ of execution for the collection of alimony submitted?

3

The collection of alimony is forcibly applied when the parent of a child evades in every possible way the fulfillment of his obligations for material support in relation to a minor son or daughter.

If the parents were unable to come to an amicable agreement and conclude an agreement, then there is only one option left - to go to court.

An interested parent with whom a minor child lives can demand forced collection of child support through the court in two main ways:

• file a claim for collection of child support;
• submit an application for a court order.

In both cases, you need to apply to the magistrate’s court at your place of residence together with the child or at the place of residence of the debtor. In alimony cases, the plaintiff (collector) can decide for himself where it is more convenient for him to file an application for forced collection.

Contents of the application and required documents

An application for a court order is kept in a strict, dry form.
You should not go into details of a failed family life or expose the low moral level of the defaulter. It is enough to confine ourselves to wording, for example: “On November 10, 2017, our marriage with the debtor was dissolved... Alimony for our daughter/son is not paid, citizen F.I.O. does not participate in the financial support of our common child.” A sample of such a statement can be downloaded from our website. But it is not necessary to copy his wording exactly. The main thing when drawing up a paper is to correctly state your requirement and include the necessary points in it. These are:

• indication of the number and location of the court district to which the application is sent;
• applicant's coordinates: full name, residential address;
• the title of the document is “Application for the issuance of a joint venture for the collection of alimony”;
• the applicant’s demand (to collect alimony) and the grounds for its presentation (the father does not pay voluntarily, does not help the child financially in any way, an agreement could not be reached);
• a brief description of the circumstances of the case: when the marriage was dissolved (concluded), in whose favor alimony is requested, how many children (indicating their full name and year of birth), where the debtor works, what is his salary, etc.;
• a list of applications confirming the right to alimony;
• date with signature of the applicant.

The contents of the submitted paper must be confirmed by documents. The claimant encloses with the application:

• a copy of your civil passport:
• certificate of cohabitation with the child (you can get form-9 from the housing office);
• certificate from the registry office - either about the marriage (if alimony is collected from the spouse during the marriage), or about its dissolution (when the ex-husband will have to pay);
• certificate issued at the birth of a child.

Other documents should be attached as appropriate. For example, if alimony is collected through a judge’s order, determined by a voluntary agreement between the father and mother of the child, then a copy of it must also be attached to the application. If the applicant wishes to request alimony in favor of a disabled child, and this is the reason for their increased amount, then the diagnosis and status of the minor is confirmed by relevant certificates and medical reports.

How to submit a court order to bailiffs. Sample application

It is very convenient to work with bailiffs, since they themselves look for the debtor’s place of work, his income and bank accounts. Also, if the alimony payer evades payments, they will be able to make a calculation of the debt that can be collected through the court. But in order for the bailiffs to start working on your case, you need to write them a statement.

We have made a small instruction for you:

1. Download and fill out an application to the bailiffs to initiate enforcement proceedings for alimony. In this application, be sure to include the details of your court order. You will find the application and sample form below.
2. Be sure to complete the application in 2 copies. You will give one to the bailiffs, and keep the second for yourself. But ask for a signature and seal so that you have documentary evidence.
3. Submit the application in person to the FSSP or send it by mail. If you send by mail, be sure to include copies of all documents in the letter.
4. In a few days, the bailiffs will issue a decision to initiate enforcement proceedings. You can obtain this resolution from the FSSP office or from your bailiff.

See the sample below to fill it out correctly. Please provide as much information as possible about the alimony payer. If you know your residential address or place of work, write down this information. Also carefully fill out your bank details, which the bailiffs will use to transfer money.

Don't forget to attach the following documents to your application:

1. A copy of your passport.
2. The original court order, you can make a notarized copy.
3. A copy of the birth certificate for each child.
4. If there are documents about the payer’s place of work, income or salary, add them too.

When is a court order issued?

Writ proceedings are a simplified procedure for collecting alimony, used when there are no disagreements between parents regarding the payment of alimony. In particular, for a magistrate to accept an application for an order, you must:

• No dispute about paternity;
• Availability of confirmed paternity;
• Availability of information (at least from the words of the claimant) that the alimony payer has a permanent income.

If the above conditions are met, the magistrate will review the application within 5 working days and issue a court order. But lawyers also do not advise applying for an order if the debtor categorically disagrees with his obligation to pay alimony.

If you disagree with the issued order, the claimant can, without moving, emphasizing only his disagreement, achieve the cancellation of the court order.

If the debtor agrees with everything, the court order has entered into force - it is sent to the collector. And now the claimant needs to decide what to do with it and where to take the court order for the collection of alimony.

IMPORTANT: The law does not indicate that if the debtor disagrees with the procedure for collecting alimony, one cannot demand the issuance of an order. But if the order is issued and the debtor wants to cancel it, the claimant will only waste time

The judge will cancel the order, clarify the right to file a claim in the magistrate’s court, and everything will have to start all over again.

If you are firmly convinced that the debtor will resist and will not agree with the order, file a claim immediately!

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.

How will the order be executed?

The execution of court orders, including alimony, is entrusted to the federal bailiff service. The order should be brought to the FSSP department of the locality where the debtor lives or until recently lived. If the address is unknown, go to where his property is located.

Having received a writ of execution from the claimant, the bailiff initiates a case of enforcement proceedings and takes initial steps.

• Calls the obligated person for a conversation or comes to him himself, explains his duties.
• If necessary, puts the willful defaulter on the wanted list.
• Finds out the financial situation of the debtor, learns about the property owned by him, looking through the databases of the tax inspectorate, Pension Fund, Rosreestr, traffic police, etc.
• Calculates and informs the alimony payer of the amount necessary to transfer for the maintenance of the child (children).
• Demands payment of alimony.
• If alimony is not received, he forcibly collects the due amount by seizing property or savings accounts, and prohibiting travel outside the country.
• Finds out whether the debtor is hiding his income and, if so, demands compensation for unpaid amounts.

This is how it should be ideally. But alimony cases are often not executed due to the difficulties of collection. You can file a complaint with the head of the bailiff department or the prosecutor's office to protect the rights of the child. This helps to make progress in finding the debtor and recovering funds from him.

The claimant can help the bailiffs by reporting where the relative who is evading his duties lives and works. Alimony is calculated not only from all types of earnings, but also from scholarships, pensions, royalties for creative works, social unemployment benefits, and income from rental housing. Only insurance payments, allowances for work in the Far North and a number of others are not taken into account.

So, you can force a negligent parent to participate in the maintenance of their children by filing a lawsuit or requesting a court order for child payments. The first option is more common because, as a rule, disputes and disagreements arise between the parties, and the issuance of an order presupposes the indisputability of the requirements. If the evidence presented in the form of official papers is sufficient for the judge, a laconic order is issued that has the force of an executive document.

Results

The court order can be transferred for execution and collection of alimony...

• to the accounting department at the place where wages, scholarships, pensions, social benefits, and other income are calculated;
• to the Bailiff Service at the place of residence of the alimony payer.

The recipient of alimony payments must submit to the authorized official an application for the calculation and withholding of funds, attaching a court order to it.

Oddly enough, executing a court order can be an even more complex process than a trial. Especially if the payer begins to hide income and refuses to make payments for the child. Or if there are violations on the part of the administration of the enterprise (organization, institution) - violation of deadlines, errors in calculations, loss of documentation.

If you encounter difficulties in the process of interaction with officials, if you need legal assistance or advice, you can always seek free legal advice from the lawyers of our portal.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

This is important to know: Objection to a claim for alimony: sample

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Today, there are three types of documents by which you can receive alimony:

1. Agreement establishing alimony. This document is voluntary and is concluded between the former spouses by their mutual consent. The text of the document must indicate the amount of alimony, as well as the terms and methods of payment. The agreement must be signed by both parties and notarized, otherwise it will be considered void, that is, it cannot give rise to any rights and obligations for the parties.
2. Performance list. Issued by the court after consideration of the case in the general manner. As a rule, in the general procedure, claims for alimony are considered in cases where other issues are subject to resolution in the same court, for example, the issue of establishing paternity; in other cases, proceedings are carried out by order.
3. Court order. A document issued by the court after consideration of the case in writ (simplified) proceedings (without trial and the presence of the parties).

Procedure for canceling a court order

To cancel a joint venture, it is necessary to follow the procedural sequence:

1. Preparation of a statement of objection demanding the cancellation of the decision to collect alimony.
2. Submission of a petition if it is necessary to renew the established period.
3. Providing documents to the body that obliges the payer to make alimony payments.
4. Consideration of the case. If there is a legal dispute, the issued order is canceled and cannot be executed.

Now the assignment of alimony will be considered in the procedure of claim proceedings upon the application of the legal representative of a minor:

1. Submitting the claim and necessary documents to the court.
2. Opening of production.
3. Trial:
   calling the parties, witnesses;
4. study and analysis of materials provided in the form of evidence.
5. Decision-making.
6. Issuance of a writ of execution.

Cancellation of the joint venture is carried out on appeal. Filing a complaint is limited to one month.

Where to file a claim?

A judicial authority is involved in the event of a family dispute without the possibility of making a compromise decision. Election of the authorized state institution is determined by civil procedure. The statement of objection is submitted to the court that issued the court order for the collection of alimony.

How to make an application?

The current legislation does not establish the form of a document containing an objection to the joint venture. But there are generally accepted standards of office work that require the following information:

1. “Header”: List of documents

USEFUL INFORMATION: Testamentary assignment: concept and features of drafting

The requirement to cancel the joint venture is supported by facts recorded in writing. This is a list of documents relevant to the case:

• a certified copy of the work book (in case of confirmation of dismissal and a decrease in the level of solvency);
• certificate of registration of a disability group, temporary incapacity for work;
• birth certificate of children (if the presence of minor dependents is important);
• the result of a genetic DNA study (when challenging paternity and refuting relationship).

To terminate the order, one request from the payer is sufficient, and the attached documents serve as insurance for the declared objection.

Sample application for cancellation of a court order for the collection of alimony

Judicial precinct of the magistrate No. 456 of the Pereyaslovsky district of Krasnodar

385653, Krasnodar, st. Kopytova, 46

Payer: Melnik Ivan Ivanovich

Claimant: Melnik Raisa Grigorievna

Application for cancellation of a court order for the collection of alimony

I, Melnik Ivan Ivanovich, on September 1, 2018, received by registered mail a court order dated August 28, 2018, issued by the magistrate of the 456th precinct of the Pereyaslovsky district of Krasnodar. In accordance with the judicial act, the collection of alimony in the amount of 18.5 thousand rubles per month was determined for the minor daughter, Melnik Taisiya Ivanovna, who is currently 8 full years old.

I do not agree with the court order for the following reasons. The document establishes a penalty in a fixed amount of money, which contradicts the procedure for calculating the amount of alimony. I have a permanent place of employment, i.e. regular income. Taking into account the norms of the RF IC, the volume of obligations should be ¼ of the official income received. I am attaching information about my place of work.

The deed record of the dissolution of the marriage relationship with Melnik Raisa Grigorievna was made on May 20, 2018. There is an oral agreement to transfer payments to the minor daughter from November 1, 2018, since from June 5, 2018 to the present, he was on a planned inpatient treatment in the surgical department of the Central Hospital of Krasnodar. Based on the above, guided by Art. 81 RF IC, Art. 129 Code of Civil Procedure of the Russian Federation,

I ask: 1. To cancel the court order dated August 28, 2018, issued by the magistrate of the 456th precinct of the Pereyaslovsky district of Krasnodar.

Applications: 1. Notification of receipt of a court order. 2. Certificate issued at the place of work. 3. Medical report.

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.

The order is in hand, what next?

The decision is issued on a special form. The recipient wonders, “What should I do with it?” Having received the document in hand, the plaintiff can independently take it to the bailiff service to collect maintenance for the child. It is also possible to send the order to the bailiffs by mail. The basis for this will be an application filled out by the claimant according to the sample provided by the court employees. This option is convenient for nonresident plaintiffs. The bailiffs begin enforcement proceedings to collect financial support for the child.

Based on the results of reviewing the documents, the magistrate issues a court order to satisfy the plaintiff’s demands for the recovery of funds for the maintenance of common children. The court order is issued in two copies and must contain the following information:

• information about the issuer of the order (court, last name, first name, patronymic of the judge, number, date of issue);
• last name, first name, patronymic and address of the alimony claimant;
• information about the payer’s employment;
• information about children for whose maintenance funds are collected;
• the share of alimony payments in the debtor’s monthly income;
• period for collecting alimony (we recommend reading: from what period does alimony accrual begin in case of divorce?);
• amount of state duty.

Next, a copy of the court order can be presented at the payer’s place of employment, attaching an application addressed to the head of the organization. The application must contain a request to transfer alimony to the recipient's account. A copy of the petition should be kept as evidence with a receipt confirming receipt of the original by an official of the organization.

The advantages of judicial proceedings on the issue of alimony include the speed of making a decision, the brevity of the order, saving the time and nerves of the parties (we recommend reading: payment of alimony in a fixed amount of money by order). The disadvantage of a court order is that it is easy to overturn. To do this, the defendant only needs to declare disagreement with the requirements or challenge the assigned amount within 10 days after the decision is made.

Where and how should the order be sent?

A copy is sent to the defendant in the case. He may agree or disagree with the plaintiff's demands. If the payer objects, the court cancels the order, and the collection of alimony is then carried out in legal proceedings. If the defendant agrees with the requirements, the document is issued to the plaintiff. It has the force of a writ of execution and is subject to mandatory and immediate execution.

The Federal Bailiff Service deals with alimony debtors without an official place of work. An application to the FSSP to initiate enforcement proceedings must contain:

• details of the applicant and payer (last names, first names, patronymics, dates of birth, passport details, contact information);
• details of the court order;
• amount of claim;
• account details for transfer or postal address.

The obligation to pay the state fee for writ proceedings falls on the defendant. A writ of execution for the collection of state duty is drawn up on the basis of a court order and handed over to the bailiff (for more details, see the article: where to place the writ of execution for alimony and what to do if it is lost?).

How long does it take to submit a court order?

The document comes into force if the debtor does not receive a request to cancel the application. The defendant is given 10 days from the date of the court decision to do this (we recommend reading: court decision on the collection of child support). After 10 days, the court transfers the document to enforcement proceedings.

You can contact the FSSP at any time from the issuance of the decision until the child reaches 18 years of age. After reaching the age of majority, the child can independently collect alimony from the father or mother who live separately. After this period, the right to receive alimony ceases. The executors collect alimony only for the last three years.

According to the Code of Civil Procedure of the Russian Federation (Article 127), the document must contain the start and end dates of the validity. Federal Law “On Enforcement Proceedings” in Art. 21 stipulates a three-year period for transferring a court decision for execution to the FSSP. The established period may be interrupted when the alimony debt is partially repaid by the payer, when the document is sent to the bailiffs. Having missed the deadline, the plaintiff has the right to file a petition with the court for reinstatement. If the court considers the reasons for missing deadlines to be valid, they will be extended.

Where to go to apply for alimony?

Have you decided to apply for alimony, but don’t know where to go and how long to wait for the payments to arrive? We will provide detailed instructions on how to act for a child support recipient who is applying for support for a minor child for the first time.

There are three options:

1. If both spouses have agreed on all the conditions and amount of payment, then they need to contact a lawyer to draw up an agreement on alimony. Such an agreement must be notarized.
2. If there is no agreement between the parents, then a statement of claim is drawn up. The claim is filed in court at the place of registration of the defendant, and if it is impossible to determine his registration address - at the place of registration of the plaintiff. This is the longest option, as the trial process often drags on. In general cases, the decision to collect alimony in court is considered and made within one month (Part 2 of Article 154 of the Code of Civil Procedure of the Russian Federation).
3. If both parents previously agree to specific conditions, and the recipient needs to receive alimony as quickly as possible, then an application is filed with the court to issue a court order. How long this will take again depends on the actions of the applicant. The time limit for issuing such an order by the court is fixed and is five days.

To go to court, you must fill out an application and send it to the court office. Based on the results of court proceedings, either a writ of execution or a court order is issued. Both registers are executive documents-the basis for the collection of alimony.

The executed enforcement forms are sent either to the defendant’s work for monthly payments, or to the Federal Bailiff Service (FSSP) for forced collection of alimony payments.

What to do with a court order after receiving it

Hello. I received a court order to recover funds for the child from my ex-husband. What should I do with it now, how to get money? Albina

Good afternoon, Albina.

To receive child support, the court decision must be submitted for collection.

When deciding what to do with a court order for alimony, you can choose one of the following methods.

If it is known where the father, who is obligated to make payments to the child, is employed, the mother can independently take the court decision to the place of his work, so that the accounting department will immediately begin making deductions from the debtor’s salary.

To do this, you need to provide your ex-husband’s employer with a statement demanding to accept the order for execution, and also indicate how the claimant wants to receive the withheld money. The application is written in any form. Perhaps the organization’s accountants will tell you how to write it or give you a sample they have developed.

The following ways to receive money are possible:

1. Transfer to a bank card or account. Transferring alimony payments to a bank card is becoming increasingly common. This option has many advantages for the recipient: cards are widely used, money is credited to the account quickly. Funds from the card can be spent on the needs of children, paying with it in stores, without wasting time on going to the bank or post office to withdraw cash. To do this, you must attach to your application the bank details where the withheld amounts will be sent.
2. Sending by postal order, for which the address of the recipient of the withheld amounts is indicated. This option is preferable for those living in localities where there are few stores that accept cards for payment and not enough bank branches; to withdraw money, you have to go to district or regional centers.
3. Personal collection at the organization's cash desk. To do this, the mother will need to appear monthly for payments at the debtor’s place of work.

USEFUL INFORMATION: Disposal of property before inheritance

Regardless of which method the recipient chooses, all shipping costs (commissions and fees) will be charged to the payer.

The original court decision must be provided to the accounting department. If a copy is provided, the accounting department does not have the right to withhold alimony.

When giving the document to the accountant, ask him to sign for its receipt on your copy. If it is lost, you will have to obtain a duplicate from the magistrate who issued the original document.

The advantage of this option is that the child will receive funds for his maintenance much faster than when the bailiffs initiate enforcement proceedings and send them documents.

Submitting a court order to the bailiff

If the father does not work, his place of employment is unknown, or the claimant does not want to apply to the debtor’s place of work, the decision to collect alimony must be submitted to the bailiff at the payer’s place of residence.

To do this, you need to write an application to initiate enforcement proceedings. As a rule, samples are placed on the OSB information stand.

It is necessary to indicate how the mother wishes to receive money - the same as those listed above (card or account, mail, personal receipt at the cash desk).

After this, the bailiff will independently determine the payer’s place of employment and send all documents for execution.

The advantage of this option is that in case of dishonest behavior of the employer and delay in payments, the bailiff will have the right to bring the perpetrators to justice.

Which court should I apply for a court order?

An attentive reader will now easily answer this question, since earlier in the article I have repeatedly mentioned that an application for a court order to collect alimony for a minor child must be submitted to a magistrate. How can I find it? Let's figure it out now.

Part 1 of Article 123 of the Code of Civil Procedure of the Russian Federation tells us that an application for a court order is submitted to the court according to the general rules of jurisdiction established by Chapter 3 of the same Code of Civil Procedure of the Russian Federation. In Chapter 3 we find part 1 of Article 23 and learn that the magistrate considers cases of issuing a court order as a court of first instance. According to the general rules, a claim is filed in court at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). Next, we find part 3 of Article 29 of our beloved Code of Civil Procedure, and we see that claims for the collection of alimony and for establishing paternity can also be brought by the plaintiff to the court at the place of his residence.

So, as you may have already guessed, an application for a court order can be submitted to a magistrate, both at the place of residence of the debtor and at the place of residence of the claimant. That is, wherever it is more convenient for you, you serve it there. The place of residence is the place of registration according to the passport (according to the old “propiska”). Don't know the location of the debtor? And you don’t need it. Calmly submit to the place of your registration and all matters.

I think it won’t be too difficult for you to find a justice of the peace at your place of residence. As a rule, they are all divided into sections, for example, “Judicial section No. 1 of the Central Judicial District of the city of Novokuznetsk.” You need to find out which court district you are assigned to. How to find out? You can find the website of the court district on the Internet and look in the “territorial jurisdiction” section. Find your street and house number there. Or you can call the court, or go in person. There is usually an information stand with all the necessary information.

This is exactly what you will apply to your site after you read this article to the end and prepare all the documents and copies. During office hours, you will need to bring a package of documents to the office and give it to the secretary of the magistrate of the court district. If you do everything correctly, the secretary will accept the documents, register the application and put a stamp on the second copy of the application, which confirms acceptance of the application. The second copy with the secretary's mark will remain with you.

How to get a court order?

In order to receive this document, the parent left with minor children needs to file a statement of claim in court.

It is important to include all the necessary information:

1. The name of the court in which the claim will be filed;
2. Details of the plaintiff (recipient of alimony) and defendant (payer of alimony): full name, date of birth, passport details, registration addresses and places of actual residence, contact numbers;
3. Place of work of the payer (if it is known to the applicant);
4. Amount of claim;
5. Description of the circumstances of the case;
6. Statement of the plaintiff’s demands, as well as the circumstances justifying them;
7. List of attached documents;

The claim must be accompanied by a receipt for payment of the fee, as well as other documents necessary for the court to consider this case:

• copies of passports of the plaintiff and defendant (if any);
• birth certificates of all minor children;
• certificate of divorce;
• document acknowledging paternity (if available);
• other documents confirming the information specified in the application.

The state fee in such a case must be paid in the amount of 50% of the amount payable when considering similar cases in the general manner. The amount of state duty in 2021 is established by Article 333.19 of the Tax Code of the Russian Federation.

Do I need to pay a state fee for issuing a court order?

No no need. Of course, if we are talking about collecting alimony. The legislator has provided for the exemption of plaintiffs in claims for the collection of alimony from payment of state duty. This benefit is established by subparagraph 2 of paragraph 1 of Article 333.36. Tax Code of the Russian Federation. However, no one exempted the defendants from paying state duty. Therefore, when issuing a court order, the magistrate will kindly collect 150 of our domestic rubles from the debtor (alimony payer) (clause 14, clause 1, article 333.19 of the Tax Code of the Russian Federation).

What to do if the original is lost?

If you have lost the original order, it can be easily restored. To do this, an application for a duplicate is written and submitted to the office of the magistrate. This is the usual procedure provided for in Art. 430 Code of Civil Procedure of the Russian Federation. The application is sent before the expiration of the period established for presenting the order for execution (that is, no later than three years from the date of acceptance).

The application must indicate:

• when, where and by whom the order was received;
• reasons for ordering a duplicate (theft, loss, damage);
• evidence of loss or damage (if any);
• request to provide a duplicate.

The period for restoring a writ of execution is usually no more than 10 days. When considering the application, the court finds out why a duplicate is required. A private complaint may be filed against a court decision to issue a duplicate or to refuse to issue it.

If the determination is positive, then the original with the judge’s “wet” seal and signature will be issued to replace the lost one. The writ of execution is always issued on letterhead with the image of the coat of arms of the Russian Federation.

How and where to submit an application

Jurisdiction of cases regarding claims for alimony is assigned to courts of general jurisdiction (Article 22 of the Code of Civil Procedure).

Geographically, this may be the court at the place of residence of the claimant or the place of registration of the debtor. The applicant himself decides where it is more convenient for him to apply. Justices of the peace are distributed among precincts. The registration address (yours or the debtor’s) determines which court district will deal with the alimony case. Documents are sent there with a request to issue an order.

Not only the second parent of a minor child has the right to write an application for an order. The initiators of this production may be:

• his guardian (or trustee);
• representative of the trustee body;
• management of the educational or medical institution where the child is placed.

When submitting an application, you need to replenish the treasury with a small state fee of 100 rubles (Article 333.19 of the Tax Code). But it will be the debtor who pays it later, and not the applicant, since the latter turns to the magistrate in order to protect the interests of the child, and not his own (for such requirements, applicants are exempt from the fee). The court order sent to the alimony holder will indicate the amount of the fee to be paid.

Collection of payments from a spouse by order and in a lawsuit

As mentioned above, alimony is assigned in court according to a simplified or standard scheme.
The simplified version allows you to open writ proceedings, avoiding many formalities. This scheme makes it possible to issue a court order without the presence of the parties. The standard option involves filing a claim, a full hearing and, at the end of the consideration of the case, a definite decision by the court.

Each procedure has its own characteristics and differences. Let's take a closer look at them.

Order order

The main feature of the order is the absence of trial. This is possible if the former spouses have no claims against each other (that is, the wife does not demand anything from her ex-husband). In such situations, there is no need to involve a lawyer or collect a certain evidence base.

Under what conditions is writ proceedings opened? In some cases, alimony payments can be allocated in favor of the child only on the basis of a court order (Civil Procedure Code of the Russian Federation, Art. 122). This is possible if one person makes claims to another party.

The conditions for opening writ proceedings are the following factors:

1. alimony payments can be assigned only on the condition that it is necessary to support a minor child;
2. filing an application cannot be combined with the procedure for clarifying the family roots of the offspring or challenging them;
3. the issue is resolved without the presence of the parties and witnesses at the trial.

In which court will the problematic aspect be considered? Based on the requirements of the Code of Civil Procedure of the Russian Federation, Article 123, Article 23, such cases are carried out in magistrates' courts. That is, in instances of general jurisdiction. An alternative may be the magistrate’s court at the applicant’s place of residence (Civil Procedure Code of the Russian Federation, Art. 28, Art. 29).

What documents should I submit to obtain an official order? The list includes the following papers:

1. statement. It is written in accordance with the standards of the Code of Civil Procedure of the Russian Federation, Art. 124;
2. passport of the alimony recipient and identity card of the offspring (photocopies), if available;
3. document confirming the birth/adoption of a child;
4. certificate confirming the existence of a family union or divorce;
5. paper on the number of family members;
6. certificate of the amount of income of the applicant and the defendant.

After submitting an application, its consideration and issuance of an order takes place within 5 days (Civil Procedure Code of the Russian Federation, Art. 126). Then the court decision is sent to the alimony payer. If the former spouse files an objection within 10 days, the court will immediately cancel its decision.

At the same time, it will be explained to the applicant that the second time it is no longer possible to oblige the defendant to pay alimony by order, but it is possible to force the irresponsible father to pay child compensation by filing an official claim.

If no objections are received from the ex-spouse within 10 days, then alimony payments in favor of the child are assigned by order.

"Advantages" of a court order

Firstly, the issue is resolved promptly. There is no need to attend court hearings; the decision is made within five working days (the claim is considered for a month). That is, time is saved, which primarily works for the benefit of the child.

Secondly, the issued order is already a mandatory document requiring execution (after the court’s conclusion, a writ of execution must also be issued).

Thirdly, the magistrate resolves the issue without involving the debtor and third parties, which means that stressful situations that are inevitable during the proceedings between the parties are eliminated. An order is issued if there is a correctly completed application and the documents necessary for making a decision.

Fourthly, the state duty has been reduced by half for such cases.

What is the difference between writ and lawsuit proceedings?

Writ proceedings are a form of indisputable legal proceedings in civil proceedings. A court order is a court order to collect child support, issued in the order of writ proceedings. The issuance of a court order is carried out on the basis of an application and excludes judicial proceedings.

The specifics of writ proceedings are as follows:

• A court order is issued by a single judge;
• By means of a court order, it is possible to recover alimony only in proportion to earnings;
• The order is issued within five days from the date of receipt of the application;
• There is no trial;
• A court order has the force of a writ of execution (Part 2 of Article 121 of the Code of Civil Procedure of the Russian Federation)

However, just as it is easy to obtain a court order , it is also easy to cancel it at the request of the debtor (the person who is obliged to pay alimony under it). The court order is canceled, also without a trial, on the basis of an objection received from the debtor.

The claim form of alimony collection, in contrast to the writ, involves a trial followed by a decision. When a claim is filed in court, a ruling is made to initiate a civil case, a date and time for a court hearing are set, and all interested parties are notified. During the court hearing, all the circumstances of the case are clarified, evidence is examined, witnesses are interviewed, after which the court makes a decision and issues a writ of execution. Collection of alimony in this case occurs on the basis of a writ of execution.

Application for cancellation of a court order for the collection of alimony (sample)

Although there are no strict requirements for applications to cancel a joint venture, the submitted document must contain information:

• in the upper right corner: name of the court, full name of the magistrate, address; information about the applicant who does not agree with the joint venture (his full name, residential address);
• name of the application;
• the main text, which sets out the essence of the appeal: when the joint venture was adopted, who the applicant is; disagreement is expressed to pay alimony to the claimant; the legislative acts on the basis of which the objection is drawn up are mentioned;
• petition to cancel the joint venture.

Sample application:

Reasons for cancellation

The application does not have to indicate the reasons for canceling the joint venture. Payers who want to convey the reasons for their reluctance to pay alimony usually point to the following circumstances:

• difficult financial situation;
• job loss;
• change in family composition, appearance of other dependents;
• doubt about the paternity of a minor;
• illness and other life difficulties.

Deadlines

10 days is the period within which you need to file an objection to the court order for alimony.

The countdown begins from the moment the writ of execution is received by the payer, and the fact of its transmission must be evidenced by original documents on paper.

There are several possible events for the payer:

1. The order has been received, and there is a corresponding note in the notice, the payer is inactive, and the deadline for filing an objection expires. If you want to avoid collections from income in the established amount, you will have to go to court.
2. The order has been received, there is written proof of this, but there is no opportunity to file an objection for a valid reason: illness, urgent departure, etc. The deadline for filing an objection can be reinstated. Also, the period will be restored if the writ of execution was received by another person (friend, tenant, neighbor), about which the payer was not notified.
3. The order has not been received. Payers often learn about the need to pay alimony from the bailiff, with a requirement to pay not only the current amount of collections, but also the debt. There is a way to prove non-receipt of the writ of execution: contact the court district, where the rejected letter in an envelope must be returned. This will confirm the lack of information of the alimony provider. Then you need to go to court within 10 days from the moment you received information about the presence of a writ of execution from the bailiff, even if this happened a year after the adoption of the joint venture.

USEFUL INFORMATION: How to correctly formalize the allocation of shares in maternity capital

In the application for restoration of the term, you must indicate the following information:

• the header of the document with the name of the court and its address; information about the applicant (full name, registration address);
• document's name;
• the essence of the application: when the SP was issued and actually received, for what reason the deadline was missed;
• request for restoration of the term.

At the same time, you can include in your petition a request to cancel the joint venture, or you can draw up two different documents and submit them to the judge at the same time.

Sample application for restoration of the deadline for filing an objection:

Legal consequences of canceling a court order

If, on the basis of an application submitted by the payer, the court makes a decision to cancel the court order, it is sent to the parties, as well as to the bailiffs (if the writ of execution has already been transferred to the Bailiff Service) within 3 days.

When making a decision, the court explains the right to re-apply for the collection of alimony, but this time in the manner of a claim rather than a writ. At the same time, in the statement of claim, you can ask the court to collect alimony not from the moment the claim is filed, but from the moment the initial application is filed with the court. In this case, in addition to the main documents, the plaintiff will need to attach to the statement of claim documents confirming the filing of the application for the issuance of an order and its cancellation in connection with the objection of the second party.

What you need to know:

• The recipient of a court order for alimony can cancel it.
• Cancellation occurs within 10 days from the date of delivery of the letter.
• The statement of objection has a free form - it must be submitted to the same court from which the first notification came.
• If the court order is not cancelled, alimony will be collected from the recipient in full.
• Cancellation leads to legal proceedings, i.e. the case will be heard in the courtroom with the participation of both parties.
• If the recipient did not have time to file an objection within 10 days, but there is a good reason, he must submit an application to restore the missed deadline and cancel the court order.

You might think that canceling a court order is an easy procedure. This is partly true. It is enough to find out the address of the magistrate’s court, write an objection and submit it through the secretary of the court office. However, in practice there may be difficulties. For example, if letters about alimony arrears begin to arrive, although the order seems to have been cancelled. Sometimes the notification arrives late. Or the deadline for canceling the court order has been missed. What to do, what to do? If you want to solve the problem, it is better to consult with lawyers. Self-analysis can only aggravate the situation. A lawyer will study your problem, check with the laws and give a detailed opinion. Competent consultation resolves 90% of disputes. And the sooner you get legal advice, the higher the chances of not letting the situation become critical!

We recommend a video about canceling a court order to collect child support:

Is alimony always awarded, and is a court always necessary for this?

Many people take the responsibility for supporting disabled family members as a given and fulfill them in full. Among such relatives, there is not even a conversation about assigning alimony, and the law does not require their mandatory assignment.

If the obligations to support relatives are fulfilled in full and both parties, the maintainer and the dependent, are satisfied, mandatory alimony is not required.

Alimony is assigned at the request of one or both parties. The reasons for this desire may be:

• evasion of a relative from fulfilling these duties;
• disagreement of either party with the amount of expenses for maintaining dependents;
• the desire of either party to fix the volumes and timing of payments of money for the maintenance of dependents.

If at least one of these reasons arises, the assignment of alimony becomes inevitable. A child support court is not always required for this.

By agreement of the parties, alimony court proceedings can be avoided.

The agreement of the parties on the payment of alimony is drawn up by a notary. This document has the force of a writ of execution. If one of the parties violates its obligations, the enforcement service can be contacted immediately. A separate court decision is not required in this case.

Payment of alimony by agreement of the parties can be made at any time. For example, once a quarter, half-year or year, the payer pays a set amount or percentage of his income. The child support court always orders monthly payments.

As a general rule, the amount of alimony assigned by agreement of the parties cannot be lower than what the dependent could count on when going to court. Agreement between the parties on alimony is a simple way to assign it, but the parties may not always agree. If an agreement cannot be reached, alimony court proceedings are inevitable.

Collection of child support after 18 years of age

Upon reaching 18 years of age, the debtor's obligations to support the child cease.

The collection of alimony stops when the child reaches the age of majority, that is, 18 years old, or in cases provided for in Art. 21, 27 Civil Code of the Russian Federation.

From this moment, the debtor’s obligations to support a minor child are terminated, with the exception of previously incurred debt (Article 120 of the RF IC).

However, collection of alimony for an adult child is possible only if he is incapacitated and needs financial assistance. These two conditions must be met simultaneously.

At the same time, disability in this case means disability, and not the child’s education in a budget-funded form of education, at an institute, etc.

Reader Questions

• Question one: If paternity is in doubt, can the obligation to pay child support be challenged? Answer: You can express your protest by filing an objection with a request to cancel the alimony payment, if the other party is ready to admit the relevant circumstance. Otherwise, the interested party will have to undergo a DNA examination in order to confirm the lack of relationship.
• Question two: Can I appeal a court decision on alimony if 8 months have passed since it was received? Answer: The law provides for a one-month period for challenging a decision on appeal and another 6 months for filing a cassation. The total period is 7 months. If the eight-month period has expired, you will not be able to appeal the current decision. In order to initiate a review of the alimony decision, a new statement of claim must be filed.
• Question three: What requirements need to be specified if I want to reduce the amount of alimony payments. Answer: A claim is being filed to reduce alimony payments.

The procedure for collecting alimony by court order

If the applicant decides to independently address this issue and expedite the collection procedure, he must act in accordance with the following procedure:

1. Contact the territorial structural unit of the Bailiff Service (Bailiff Service). Preferably in one that is located in the payer’s place of residence. It is possible at any other time, but in this case the bailiffs will be forced to send documents to each other, which can only prolong the process and not shorten it.
2. Present the court order, as well as the applicant’s identity document.
3. After receiving the documents, the bailiff opens enforcement proceedings, guided by Article 113 of the RF IC. It is not recommended to try to somehow interfere with this process if all actions are performed in a timely manner. But if a violation of deadlines or other problems is detected, it makes sense to demand an explanation or immediately go to complain to the management of the SSP.
4. Bailiffs will first warn the payer about the need to pay amounts, invite them for conversations, and so on. If there is no response, they will then demand by order to pay the alimony debt that has formed by this time and begin making regular payments. This will be followed by the accrual of penalties, fines, deprivation of driver's (and even parental) licenses, and so on, up to and including criminal liability.

Features of the order

It is important to understand that a court order is the same official document as a regular court decision. With it you can contact the bailiffs, initiate enforcement proceedings, and receive payments.

This is what a regular court order looks like, issued by a magistrate or district court.

Example 1: Marina wanted to receive alimony from her ex-husband as quickly as possible. Therefore, she filed an application for a restraining order rather than a lawsuit. And after 5 days she was given an order, which she took to the bailiffs and began receiving alimony.

The main distinguishing feature is that you can obtain this document much faster than conducting a full trial. Also, you will not need to spend money and time preparing a large list of documents, and you will not have to turn to law firms for help.

The procedure for collecting alimony through the SSP

Based on the documents received, the bailiff will issue a decision to initiate enforcement proceedings and send copies of it to the defaulter, as well as to the applicant.

Next, the bailiff must send requests to the relevant authorities (pension fund, tax office, insurance companies, banks, Rosreestr, traffic police, and so on) to determine the income and property of the debtor. The bailiff also visits the alimony defaulter at an address or place of work known to him and holds a conversation with him.

The court order is transmitted to the management of the organization in which the debtor works, which, in turn, must either begin to transfer funds withheld from his wages to the recipient of alimony, or, if the debtor no longer works there, give an official response to the bailiff within three working days, and also provide information known to him about the new job or location of the debtor.

If the debtor does not work anywhere, but has property, the bailiff can describe this property and send it to auction. Willful defaulters who not only do not comply with court orders, but even go into hiding, may be put on the wanted list. They may also be subject to administrative or even criminal penalties.

The desire for a peaceful resolution of all disputes that arise between former spouses is the key to a calm and happy life not only for the participants in these disputes, but also for their minor children, who are not guilty of anything, do not know how to provide for themselves and stand up for themselves.

Where to submit and submit a court order

Once you receive a court order in your hands, you will have 3 options:

1. Keep it for yourself and demand payments from the alimony payer voluntarily. This is the simplest and most convenient option, since you do not have to contact bailiffs. This option is convenient for the payer because enforcement proceedings will not be initiated against him. If at some point he stops paying, you can immediately take the order to the bailiffs and they will begin to collect the money.
2. Take the order to the bailiff service . This is a good option if you don't trust the payer or don't want to meet with them in person. The bailiffs will initiate proceedings and transfer money to your bank account monthly. If the debtor evades, they can seize his property, open a criminal case against him, and restrict his travel.
3. Submit the court order to the accounting department where the payer works. A good and fast option if the payer works for a reliable organization. In this case, money will begin to be transferred to you the next month. But if the debtor works in a small company that does not have its own accountant, then we do not recommend this option.