Application for the resumption of enforcement proceedings on alimony. How to restore alimony

Enforcement proceedings (hereinafter referred to as “IP”) are necessary to ensure the execution of a judicial act when collecting alimony. The FSSP forces the payer to make the necessary transfers. But in a number of cases specified in Art. 39 and 40 Federal Law No. 229 of 2007, the individual entrepreneur is suspended. And then the claimant will need to take certain measures to renew it.

Grounds for suspending IP for alimony
Suspension by the court
Suspension by a bailiff
How can I renew my IP?
How to draw up an application for the resumption of enforcement proceedings on alimony
Sample application for resumption of enforcement proceedings on alimony
Application attachments and required documents
Expenses for renewing individual entrepreneurs
What to do if production is suspended illegally
Deadlines for renewing IP for alimony
Expert opinion

The basis for initiating proceedings by the bailiffs is the application of the recipient (claimant) and any executive document from the following:

agreement on payment of maintenance, certified by a notary;
court order;
writ of execution issued by court decision.

In order to collect funds from the alimony payer, the FSSP of Russia either transfers enforcement documents to the employer or independently collects the money. When enforcement proceedings are suspended, the claimant ceases to receive funds. To resume collection, you will need to submit a corresponding application to the competent authorities.

For what reasons are court proceedings on alimony suspended?

Before talking about ways to resume enforcement proceedings, it is necessary to find out on what grounds it was terminated and by whom. This information is extremely important for resolving the issue in a positive direction.

According to Art. 39-40 Federal Law “On Enforcement Proceedings”, a limited circle of officials can stop it:

Bailiff.
Judge.

The authorized person terminates enforcement proceedings on the basis of challenging a previously made decision, filing a complaint by the alimony payer, or the emergence of significant life circumstances for the citizen.

The bailiff has the right to request the suspension of enforcement proceedings in the following cases:

The need for clarification of the court decision.
The payer is on a long business trip.
Death of the alimony payer.
Dismissal of the payer.
The child reaches adulthood.
The payer's stay in long-term hospital treatment.
The alimony payer undergoes emergency service or is sent to “hot” spots.

The reasons for suspending judicial proceedings are quite varied. The above list is only a small part of them. They can be used not only by the bailiff, but also by the judge who previously made a decision on the assignment of payments or the need to repay the alimony debt.

After the suspension of court proceedings, the collection of alimony payments ceases. In fact, this is a violation of the rights of a minor to be provided for by his parents. However, it is permitted by law if there are compelling reasons. The recipient of payments may well initiate their renewal, justifying his demands with references to current regulations.

After 18 years of age, child support payments cease, which leads to the suspension of enforcement proceedings. Its renewal is impossible, since after reaching the age of majority a citizen is considered fully capable, i.e. must earn money to live independently. The same applies to the death of the alimony payer. For obvious reasons, he cannot pay money for child support. In this case, they fall on the shoulders of the state represented by the Pension Fund. Until the age of 18, alimony will be replaced by a survivor's pension.

In some cases, enforcement proceedings are resumed automatically, i.e. there is no need for interested parties to contribute to this process. As a rule, this is done after the cessation of the circumstances that caused the suspension of the court decision. For example, the alimony payer was on active duty. After its completion, payments are resumed in full.

Reasons for refusal

Each family may have its own circumstances that lead to refusal to receive funds for child support. Often, the relationship between parents after a divorce becomes very tense, and the mother wants to get rid of reminders of the child’s father.

And revocation is also possible if attempts to obtain alimony prove futile. Here are the most common reasons for not wanting to receive alimony:

fear that the child will have to support his father in old age;
the father does not agree to formalize an agreement for the child to travel abroad;
the parents were able to agree among themselves on the procedure for transferring payments;
the woman does not want to have contact with her ex-husband and depend on his help.

At the same time, the presence of a positive court decision means that the issue of collecting payments can be reopened until the child reaches adulthood.

Where to apply for the resumption of enforcement proceedings

The resumption of enforcement proceedings on alimony must take into account the authority that initiated its suspension. Thus, the interested party will need to initially contact:

Court.
FSSP.

Both the recipient and the payer of payments have the right to contribute to the resumption of enforcement proceedings. In many ways, it depends on the reason for suspending the court decision.

If the suspension of enforcement proceedings occurred by court. The interested party must submit an application to the court in which the decision in this case was made. In the case of bailiffs - to the executive service.

Before filing an application to resume enforcement proceedings, a citizen must ensure the legality of his actions. Let us remind you that in some situations it is extremely difficult to restore payments. Let’s say that the case may be complicated by the loss of the alimony payer’s job or his recognition as incompetent.

Requirements for the content of the application

An application to the joint venture service to cancel production must contain the information necessary to terminate production:

legal address of the joint venture service that opened the enforcement case;
Full name, telephone number and contact address of the applicant;
information about the document on which alimony was collected;
the reasons for termination of proceedings must be listed, documents presented as evidence;
grounds of law: links to relevant articles of law to terminate collection;
apply for termination of proceedings;
At the end of the application, put your signature and the date of its preparation.

General provisions

The work of the FSSP is regulated by Federal Law No. 229 of October 2, 2007. This lists the persons who have the right to suspend enforcement proceedings and the grounds for such actions. By law, a court or an FSSP employee has such powers. The process of collecting alimony is stopped when the following circumstances arise:

death of the payer
recognition of the debtor as missing
loss of legal capacity and confirmation of this fact in court
seizure of the alimony provider's property
existence of a claim for a reduction in payments or deferment of payment

In the mentioned cases, enforcement proceedings are stopped by law and it is difficult to resume them. But there are situations when an FSSP employee suspends the process in other circumstances:

hospitalization of the debtor
wanted notice for recipient or payer
conscription into the RF Armed Forces for military service
filing a complaint about the inaction of FSSP bailiffs

Enforcement proceedings can also be stopped by the court under Federal Law No. 229 (Article 39). Reasons for this action:

sending the payer on a business trip for a long time
claim for seizure of property subject to foreclosure
disputes over the legality of the decision of the FSSP employee
going to court to obtain clarification on enforcement documentation, etc.

According to Federal Law No. 229 (Article 45), if the individual entrepreneur is suspended, the forced collection process is not applied.

The legislative framework

The main law regulating the activities of the FSSP is Law No. 229-FZ “On Enforcement Proceedings” dated October 2, 2007. The provisions on the suspension of enforcement proceedings by a bailiff (IP) are set out in Art. 40 of the Law.

It is important to know on what basis the suspension of the individual entrepreneur occurred, in order to subsequently draw up a statement and justify why the deduction should be resumed.

The powers to suspend individual entrepreneurs are vested in:

bailiff of the relevant department of the FSSP;
Judicial authority.

The bailiff terminates the enforcement of alimony if:

the debtor dies, he is declared missing or dead in court;
the payer takes part in hostilities as part of troops formed in accordance with the legislation of the Russian Federation;
the alimony provider loses legal capacity;
a claim is pending in court to defer collections and reduce the amount of payments;
the payer's property is seized.

In these situations, the suspension is carried out unconditionally, but in some cases the bailiff is considering the need to terminate actions to forcibly collect alimony, for example:

if the debtor is undergoing treatment in a hospital;
when searching for the payer, recipient or property of the debtor;
if the alimony provider undergoes conscription military service;
when instructed to perform executive actions;
if the claimant files a complaint about the inaction of the bailiffs.

In addition to the FSSP employee, enforcement proceedings are suspended by the court in the following cases (Article 39 of Law No. 229-FZ):

challenging the bailiff's decision;
if there is a statement of claim for release from seizure of property that has been foreclosed on under a writ of execution (IL);
if the debtor is on a long business trip;
when the debtor or bailiff asks for clarification of the provisions of the writ of execution, to determine the procedure for further actions.

According to the provisions of paragraph 6 of Art. 45 of Law No. 229-FZ, in the event of a temporary suspension of an individual entrepreneur, no enforcement measures are applied to the alimony provider. In case of partial or complete termination of collections, the payer has the right to pay alimony on his own initiative.

How production resumes

To resume the process, you must contact the court and demand that enforcement proceedings on alimony be resumed. The reason may be the termination of the reasons that previously served to make the decision. For example, the debtor was previously on a business trip, but has now returned. The same applies to other situations

It is important for the interested party to inform the FSSP employee about the elimination of the reasons why the proceedings were suspended earlier. It is not profitable for the debtor to do this, because he is trying in every way to avoid responsibility.

Step 1. Preparing an application

At the first stage, the claimant needs to prepare an application for the resumption of enforcement proceedings in free form, indicating the following details:

name of the FSSP to which the appeal is submitted;
information about the applicant (full name, tax identification number, residential address, contact information);
date of application.

The applicant should include the following information in the text of the document:

the basis for penalties (number and date of the writ of execution);
circumstances that influenced the suspension of enforcement proceedings;
date of suspension of collections;
grounds for resumption of enforcement proceedings.

Step-2. Payment of the performance fee

The resumption of enforcement proceedings requires the initiator to pay an enforcement fee in the amount of 7% of the amount of the claim, but not less than 1,000 rubles.

A payment order to pay the fee can be obtained from the FSSP, after which the applicant must go to the nearest bank branch to transfer funds.

Step-3. Contacting the FSSP

To resume alimony proceedings, the claimant must contact the FSSP body that issued the decision to suspend the collection, having the following documents with him;

identity card (citizens of the Russian Federation present a passport, foreigners and stateless persons living in the Russian Federation - a residence permit);
application for the resumption of enforcement proceedings on alimony;
receipt for payment of the execution fee;
writ of execution, the proceedings on which are subject to renewal (copy);
grounds for collecting alimony (child’s birth certificate, divorce certificate, etc.);
resolution to suspend enforcement proceedings (copy).

In addition to the above papers, the FSSP may require additional documents, which may be significant when considering the case for the restoration of penalties. It is better to check with the FSSP about the list of such documents immediately before applying.

Step-4. Resumption of enforcement proceedings

Upon the applicant’s appeal, the case for the resumption of enforcement proceedings is considered by the FSSP in accordance with the general procedure.

If the claimant applied to the FSSP before the expiration of 3 years from the date of suspension of enforcement proceedings, then, based on the claimant’s application, the FSSP issues a resolution to resume alimony deductions.

Next, the procedure is carried out in the general manner: the FSSP transmits the writ of execution to the employer, who, in turn, makes deductions in accordance with the requirements of the document.

An example of a statement to a bailiff

Application for resumption of enforcement proceedings

By the ruling of the Blagoveshchensk City Court dated May 20, 2023, in connection with the entry into the inheritance of the debtor’s son, Sergei Stanislavovich Dolgikh, in accordance with Art. 44 of the Code of Civil Procedure of the Russian Federation, the defendant was replaced.

In accordance with Art. 52 of the Law on Enforcement Proceedings, the bailiff formalizes succession on the basis of a judicial act by issuing a corresponding resolution approved by the senior bailiff, which was done on June 10, 2023.

Based on the above, guided by art. 42, 45 of the Law on Enforcement Proceedings,

Chairman of the housing cooperative "Cleanliness" Perepelitsa I.A. 06/11/2022

Reasons for renewal

According to the law, a person has the right to ask for the resumption of the alimony case if the reasons that led to the suspension of the process are eliminated (this has already been mentioned above). The following situations are possible here:

the debtor recovered and was discharged from the hospital
the payer returned from the ranks of the RF Armed Forces
the alimony provider acquired property, etc.

In other words, production is resumed when the reasons for which the decision to suspend was eliminated.

The legal basis for renewal may be:

writ of execution issued by the court
judicial order
alimony agreement drawn up by agreement of the parties

In the latter case, notarization of the document is required.

Renewal instructions

Interested parties often make requests to resume enforcement proceedings for the collection of alimony and restore previous payments. Often requests remain unconsidered due to a violation of the procedure. According to the law, this is possible in the following ways:

Filing a complaint against the action/inaction of an FSSP employee. This is relevant if production was suspended or closed without legal explanation.
Filling out and submitting the application to the FSSP employee.

The choice of option depends on the circumstances of the case and the reason why the authorized bodies suspended the proceedings.

What you need

To resume payments of child support, you must fill out an application and prepare a package of documentation. Particular attention is paid to filling out the first document, which is often confused with a claim. To increase the chances of success, there must be evidence on hand confirming the possibility of resuming the alimony case.

What's included in the package

A positive decision is possible by contacting the FSSP with the necessary documents. This package includes:

Application (we will consider the rules for its preparation below).
Applicant's passport (copy).
Performance list.
A document confirming a temporary or complete stop of production.

Additionally, certificates, extracts and other evidence may be required confirming the possibility of resuming the procedure. Depending on the situation, the package may include:

certificate of dismissal from the ranks of the RF Armed Forces
refusal to suspend IP
documents from the police confirming the successful search for the debtor, etc.

In each case, the package is formed individually, but the main attention is paid to the evidence base.

Step-by-step instruction

In order to resume proceedings on alimony payments, it is important to approach the solution of the problem responsibly. Instructions for action depend on the selected option.

When filing a complaint:

File a complaint indicating the fact of violation of the law during the decision to suspend or terminate the enforcement process.
Submit the document to the senior bailiff in person or via the Internet on the FSSP resource.
Wait for the decision.
If it doesn't work, contact a higher-ranking officer.

When submitting an application in the event of a change in circumstances:

Submit a request to resume production.
Give it to the FSSP employee.
Wait for the resolution to be sent to the participants in the process.
Receive a decision on renewal (full, partial) or refusal.

Sometimes it may be necessary to go to court when the decision to suspend was established by this body.

Application rules

When drawing up an application, it is important to indicate all the necessary details. The document includes:

The name of the body where the document is transferred (FSSP, court).
Address, full name and contact details of the plaintiff.
Title of the document.
Information about the person who issued the writ of execution.
Reason and date of suspension.
Applicant's requirement. Here you can indicate, they say, I ask you to resume enforcement proceedings for the collection of alimony.
Details of the bank or post office for making the transfer.
List of documents proving the applicant’s position. This includes other documentation, for example, the grounds for stopping or temporarily suspending the case.
Day of registration and signature.

Where to contact

When choosing a structure for appeal, it is important to focus on the authority that made the decision. There are two options here:

FSSP department. The application is submitted to the body that made the decision. It is recommended to hand over the document personally to the responsible employee.
Court. If the decision is made by a judicial authority, it is necessary to contact it. By law, bailiffs cannot cancel a decision of a higher authority.

Application deadlines

If the termination of enforcement proceedings was initiated by the claimant, then he has the right to start the reverse process within the next 3 years. Simply put, the statute of limitations in this case is the standard 3 years, during which the alimony recipient can resume payment of maintenance by submitting a corresponding request to the FSSP.

If deadlines are missed, proceedings can only be activated through the judicial authorities..

It is possible to restore the process of collecting alimony through the bailiff service, having previously prepared an official request in the form of a petition and a number of papers. In particular, it is worth paying attention to documents proving that there is no need to continue stopping enforcement proceedings. If the result is satisfactory, the collection process will be restarted, and a corresponding notification will be sent to the payer's address. If a citizen refuses to fulfill monetary obligations, coercive measures will be applied to him to withdraw the established payments.

How is the issue of resumption of production being considered?

The FSSP employee must consider the applicant’s request and decide on further actions. Based on the results of the study, a resolution with the adopted decision is prepared:

resumption of the process
partial recovery of funds.
refusal to satisfy the request

An important point is to inform the debtor about the resumption of the process. This will take up to five days. The payer receives a copy of the decision and a notice indicating the need to pay the debt voluntarily or involuntarily.

Resumption of enforcement proceedings on alimony

The concept of alimony is inextricably linked with family law. Therefore, general rules regarding the determination of their size, the order of appointment, and collection are established in the Family Code of the Russian Federation.

When the court makes a decision on payments, procedural law comes into play. The Code of Civil Procedure of the Russian Federation establishes a procedure for considering a case and revising the adopted final documents. In addition, Section VII pays attention to the execution of judicial acts.

Finally, in the case of forcible collection of funds from the debtor, the provisions of the Federal Law “On Enforcement Proceedings” (hereinafter, the Law) are additionally applied.

In what cases is re-excitation possible?

Even when the proceedings are completed or suspended, the woman can, if she wishes, begin the procedure for claiming alimony. However, there are some conditions for this.

Thus, the writ of execution or order of the magistrate must again return to the disposal of the claimant. Moreover, the original deadlines for applying to the FSSP still remain in effect.

Several typical situations are discussed below. However, it is worth considering that each case of alimony collection has its own characteristics.

After termination

This is the most difficult situation. Thus, the reasons for termination are reflected in Art. 43 basic laws. These include reversing a court decision to pay alimony or reaching a settlement agreement with the payer. Be that as it may, the executive document remains with the bailiffs.

Therefore, it will no longer be possible to open a new business. However, there is an option that the parties can use by mutual agreement. We are talking about a notarial agreement on the payment of alimony.

Such an agreement in accordance with the provisions of paragraph 2 of Art. 100 of the Family Code also has the power of a writ of execution. And when the terms of the deal are not fulfilled, it can be given to the bailiffs for work.

After graduation

The grounds for this are stated in Art. 47 of the Law. In particular, the procedure ends after the child’s mother herself has withdrawn the writ of execution or court order.

Further, the document can be presented to the bailiffs again within the time limits specified in it. In this case, the entire process of forced collection of alimony actually begins from the very beginning.

The end of the case is also due to the commencement of personal bankruptcy proceedings against the debtor. Then the materials are transferred to the financial manager who oversees the insolvency process.

After suspension

The application is submitted to the authority that accepted the relevant document. When it comes to court, the claimant submits the application there. This follows directly from the content of Art. 438 Code of Civil Procedure of the Russian Federation. The appeal emphasizes that the circumstances for suspending enforcement proceedings no longer exist.

In a situation where enforcement actions are postponed by the bailiff, the application is submitted in his name. All evidence available to the claimant is included as attachments.

Afterwards, you need to periodically ask whether production has resumed. It would also be a good idea to request a copy of the resolution.

There is no executive document

If the writ of execution for alimony is lost , then in this situation the rules provided for in Art. 430 Code of Civil Procedure of the Russian Federation. The article states that a duplicate document is issued both on the basis of an application from the claimant and the bailiff.

It is allowed to go to court during the entire period of time that the previous executive document is in force - up to 18 years. Situations involving its loss by the bailiff himself are no exception. Then the claimant has the right to submit an application within a month from the moment the relevant information became available to him.

10 days are allotted for consideration of the application. As part of the process itself, both the circumstances of the loss of the document and the evidence provided by interested parties are examined.

Termination of proceedings in court

Only the court can terminate collection and this happens when:

adoption As a rule, payments cease to be collected from the moment the court issues the adoption order and it comes into force. All amounts collected during this period must be returned to the debtor. The parent may, at his own request, retain his rights in relation to the child and in such a case, payments will continue to be withheld;
challenging the fact of paternity. If a case is being considered to challenge paternity, the payer simultaneously has the right to put forward a demand that his obligation to pay child support be removed. Such an application is submitted to the court only after the court decision on the absence of kinship between the child and the father has entered into force.

A sample application for termination of enforcement proceedings can be downloaded here

If there was a refusal to collect alimony, is it possible to restore

The recipient of alimony, for example, the mother of a young child, has the right to refuse it. This can be done if an agreement has been concluded between the parties or special proceedings are underway. Refusal of alimony even means cases when the plaintiff holds the writ of execution without handing it over to the bailiffs.

Revocation of the executive document

The claimant of payments for his maintenance or for a child has the right to revoke the writ of execution.
This procedure is carried out by the bailiff service. The procedure is as follows:

First, you need to visit the bailiff leading the case and clarify the possibility of terminating the proceedings.
Next, you need to draw up a specific statement on the basis of which this document will be recalled. A sample can be collected on site.
Get the document.

The withdrawal of the writ of execution only suspends payments, since the obligation to pay alimony remains. And the payer’s debt will only grow.

The claimant has the right to initiate the renewal of payment before the child reaches adulthood, as well as within 3 years after that.

How to reopen a child support case

We can talk about the renewal of alimony in two cases:

when the claimant personally refused to receive it;
when the payer fails to fulfill his obligations.

If alimony was ordered by the court, then to resume payments you must contact the bailiff service.

How to reinstate alimony withholding

Withholding of alimony payments is carried out on the basis of an application from the employee or a writ of execution. In both cases, the employer begins to withhold a certain percentage from the employee’s salary. For one child, no more than 25% can be withheld, for two – 33%, and for three or more – 50% (up to 70% is withheld in exceptional cases).

In the case where payment was ordered through the court, and then the claimant withdrew the provided paper, he can resume withholding alimony. To do this, you need to contact the bailiffs and fill out the appropriate application. Then production will be restored, and the payer’s employer will receive the necessary documents to withhold funds.

Is it necessary to go to court?

Revocation of a writ of execution by the recipient or any other method of terminating alimony payments does not mean that the court decision loses force.

Therefore, there is no need to go to court again. The claimant may file a claim only in the following cases:

Changing the amount of alimony. For example, the plaintiff wants not only to resume payments, but also to receive more due to a change in the payer’s income.
Collection of alimony is carried out not only in favor of the child, but also in favor of the mother (pregnant, disabled, etc.).
Change your payment method. The plaintiff can initiate the collection of funds not as a percentage of income, but as a fixed amount.
Termination of payments. The payer will be officially released from his obligation to pay alimony.

If one of these problems needs to be resolved, the plaintiff should immediately go to court. A new decision will be made, and the new sheet will be immediately transferred to the bailiff service.

Application for resumption of enforcement proceedings on alimony

Enforcement proceedings for the collection of alimony are carried out on the basis of Federal Law No. 229. According to this regulatory act (Article 44), all documents on enforcement proceedings for the collection of alimony payments are stored in the bailiff service.

It is impossible to resume production if it was terminated legally. For example, if the recipient of the money died, reached the age of majority, etc. If the payment was suspended by the recipient, he can resume collecting the funds. To do this, an application is made to the bailiff service.

Application to the Bailiff Service

The resumption of enforcement proceedings is carried out with the help of an application. You can take a sample from the bailiff in charge of this production, or find it on the Internet. There is no standardized document form, so you can draw up an application in free form.

name of the organization to which it is submitted;
information about the parties - the collector and the payer;
description of the circumstances of the case: when the court decision was made to collect alimony, the reasons for the suspension of enforcement proceedings, etc.;
requirement to resume the procedure for collecting payments;
details of the bank card or account where the funds should be transferred;
date and signature.

If the court decision or writ of execution is in the applicant’s hands, it should be attached to the application. After all checks, production will resume, and the money will be transferred to the guardian (parent).

Submission of writ of execution

According to Art. 21 Federal Law No. 229, these documents have a certain validity period. This total period does not exceed 3 years from the date the court made the relevant decision. But there is an exception regarding writs of execution for the collection of periodic payments.

First of all, these are alimony payments, which are provided by the payer on a monthly basis. In these cases, the paper is valid throughout the entire payment period. That is, until the recipient reaches adulthood. There is also a statute of limitations, which when collecting alimony is three years.

You can provide the document even after the person reaches the age of majority. According to the law, the child himself can do this if he wants to collect a debt from a parent. But if he turns 21, the writ of execution loses its legal force.

Questions for a lawyer

Good afternoon The husband owes child support in the amount of 56 thousand rubles. He cannot pay the amount, the debt is growing. Is it possible to revoke a writ of execution? Will the amount of debt disappear? Answer: By meeting your spouse halfway, you can write an application to the SSP to revoke the IL. The debt amount is not cancelled. It is recommended to draw up an agreement with your spouse, which will spell out a schedule for repaying the debt on a voluntary basis. In this case, payments to the daughter should be received as usual. Enforcement proceedings can be resumed before the expiration of the alimony withholding period.
My wife revoked the writ of execution on the condition that I would pay an amount greater than that indicated in the IL. Instead of 4 thousand rubles. I paid 12 thousand rubles , transferring money to her by postal order. After 2.5 years, my wife resumed enforcement proceedings and demands repayment of the debt for the previous period, citing that I did not fulfill my obligations. Are the wife's actions legal? Answer: If during the entire period during which the IL was revoked, alimony was paid regularly, and there is evidence of this, the debt is not collected. Evidence should be provided to the bailiff. If a FSSP officer, contrary to the evidence, calculates the amount of the debt, you must go to court to appeal the bailiff’s decision.

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Alimony legal relations are formalized voluntarily and compulsorily. In both cases, if the payer fails to fulfill his obligations, the recipient has the right to turn to the bailiffs to enforce the instructions of the agreement or court decision.

Sometimes parents reach an agreement, and then the question arises whether it is possible to take away the writ of execution from the bailiff service or whether this is prohibited by law.

Family law establishes the right of the recipient of alimony to voluntarily terminate the collection of funds for child support by revoking the writ of execution. Revocation of the IL is not a complete cancellation of the payer’s obligations, but only suspends them.

Expert opinion

Polyakov Maxim Ivanovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in protecting legal interests.

The claimant may at any time apply to the bailiff to resume proceedings if at the time of the application the recipient of alimony is under 18 years of age.

Who suspends alimony proceedings and when?

Enforcement proceedings for alimony are initiated on the basis of an application from the claimant and any of the following executive documents on the collection of alimony:

court order>;
writ of execution issued on the basis of the decision;
a notarized agreement on the payment of alimony.

In this case, the document may concern both the withholding of funds from the parent for the child and for another family member.

According to the law on enforcement proceedings, an already initiated case for the collection of funds can be suspended either by the bailiff himself on his own initiative or at the request of the collector, or by the court at the request of the collector, debtor or bailiff.

The court suspends enforcement proceedings if:

The debtor filed a claim to remove the seizure from the property or to exclude it from the inventory in cases where it was planned to foreclose on this property.
Challenging the results of property valuation.
Challenging by the alimony debtor the bailiff's decision to withhold the enforcement fee, as well as challenging in court the writ of execution, the basis of the judicial act or the actions of the bailiff.
Appeals from any party to the proceedings (bailiff, collector, debtor) with a request for clarification of a decision or other judicial act, as well as an executive document.

Bailiffs suspend alimony proceedings in cases where:

The debtor has lost his legal capacity.
The alimony payer is participating in hostilities.
The debtor filed for bankruptcy.
The alimony payer requires an installment plan or deferment of execution.
The payer has been put on the wanted list, as well as his property or the child in whose favor alimony must be withheld.

After these circumstances have disappeared or lost their significance, an application is submitted to the court or bailiff to resume enforcement proceedings on alimony.

Payment of the performance fee

After the initiation of enforcement proceedings, the debtor receives 5 days to voluntarily pay the debt. If he does not pay the debt, then an enforcement fee is collected from him.

The enforcement fee is 7% of the debt amount, which is withheld in favor of the state. If enforcement proceedings are terminated or completed, the debtor is still required to pay the fee.

In 2021, they can only be released from payment by a court decision if the debtor proves that the debt was accrued unlawfully.

How the claim is reviewed

The rules for considering an application for renewal of alimony are provided for in Art. 64.1 of the law. The appeal can be sent to the territorial department of the FSSP at the place of residence of the paying parent. The document must be transferred to the official involved in the collection of funds within 3 days from the date of receipt by the FSSP.

The bailiff is given 10 days to consider the application and make a decision based on its results. This document is sent to the claimant no later than the next day after acceptance by mail to the residential address indicated by the applicant.

Where to contact

To obtain a writ of execution, you must contact the Magistrates' Court. If alimony is planned to be collected as a percentage of the payer’s earnings, then an application for an order should be submitted. In a situation where it is necessary to recover payments in a fixed amount, the proceedings will be carried out in the manner of claim proceedings.

The case can also be considered in a district or city court if another issue is being resolved at the same time as alimony (for example, establishing paternity).

The parties can draw up and sign an agreement on the payment of alimony, which will contain mutually beneficial conditions that they will come to as a result of negotiations. To certify such an agreement, you must contact any notary. Subsequently, the agreement can be used as an executive document if the payer does not comply with it voluntarily.

When the recipient already has a writ of execution in his hands and an application to initiate proceedings has been written, he needs to contact the bailiff service at the payer’s place of residence. The case will be transferred to a specific specialist who will carry out all the necessary measures to collect funds.

Legal consequences of filing an application

Having considered the application, the bailiff may make a decision on:

resumption of collection;
partial renewal of deductions from the parent’s income;
refusal to satisfy the claimant's demands.

Any of the documents can be appealed by both the recipient of funds and the debtor, since bailiffs often commit violations. After receiving a refusal from them, it is recommended to contact a higher division of the FSSP. The document will be reviewed within 10 days from the date of receipt. If the results of the consideration of the complaint do not satisfy the claimant, then there is no need to refuse further actions. The claimant has the right to file an administrative claim with the district court.

Sample application

To refuse to receive alimony, you must correctly draw up an application. It contains the following information:

name of the bailiff service;
Full name of the claimant, address, telephone number;
in the center of the sheet is written “statement to terminate production”;
the “body” of the document indicates the name of the case and who is considering it;
the circumstances in connection with which the collection is terminated are specified;
a request is made to stop the collection;
signed and dated.

Documents confirming the validity of the refusal to collect alimony can be attached to the application.

What to do if the writ of execution is lost

Court decisions to collect alimony are carried out by bailiffs on the basis of special papers. These are so-called writs of execution, which contain the necessary information about the payer, the amount of alimony payments and other information. This paper may be initially sent to the bailiffs or provided to the plaintiff.

And the plaintiff, for his part, may lose it. And the question immediately arises: is it possible to collect alimony if the document is lost? According to Art. 12 Federal Law No. 229, the loss of the original document does not affect the right of the claimant to receive alimony. The court may issue a duplicate document.

To re-receive the paper, you must contact the court that issued it. If you file an application in another court, it will be returned to the person.

In this case, the application must be completed correctly, indicating the following points:

Information about the recipient of alimony and the payer.
Details of the document with the help of which the obligation to pay was established.
Information about the bailiff who is entrusted with the relevant enforcement proceedings.
Description of the circumstances under which the writ of execution was lost.
Please provide a duplicate of the document.
Date and signature.

The person responsible for the loss of the document must prove the fact of the loss. As evidence, you can use the relevant certificate from the bailiff service. Without such a document, it is impossible to restore the writ of execution.

The application can be drawn up immediately when applying to the court to obtain a duplicate, and a sample can be obtained from the court secretary. If during the trial a lawyer was involved in the case on behalf of the plaintiff, he can help with the re-issuance of the writ of execution.

The issuance of a duplicate is subject to a state duty (Article 333.19 of the Tax Code of the Russian Federation). Its size is no more than 40 rubles. After submitting the application, it is checked, and then a decision is made to re-issue the document or to refuse. The court can refuse if the deadlines are not met.

It is possible to restore a lost writ of execution or any other document issued by the court only during the time it is valid. If we are talking about a document on the basis of which payment of alimony must be made, then its validity period lasts until the child reaches adulthood and another three years after that.

Throughout this period, the claimant has the right to go to court and obtain a duplicate. And with a duplicate, you can contact the bailiffs to resume proceedings to collect alimony. They will also forward documents to the payer's employer, compile a list of the person's assets that can be used to collect the debt, etc.

The court can easily establish the amount of child support and force the defendant to fulfill his obligations towards the child. But even bailiffs cannot always control this process or be responsible for the relationship between the recipient and the payer. Therefore, recipients often themselves suspend the collection procedure, knowing that they can resume it if necessary.

Procedure and procedure for refusal

Expert opinion

Polyakov Maxim Ivanovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in protecting legal interests.

Registration takes place at a notary, in court or at the FSSP. The method depends on what stage the collection process is at and how monthly payments are collected.

There are several design options:

terminate the alimony agreement with a notary;
draw up a settlement agreement;
receive the writ of execution in your hands and not transfer it to the FSSP;
send an application to the FSSP to revoke the writ of execution.

Each of these methods has its own characteristics.

Termination by a notary

If the parties have signed an alimony agreement, then any changes to it are made in the same form. Since it is impossible to unilaterally refuse the agreement, it is necessary for both spouses to come to a notary and draw up an agreement to terminate the agreement.

Settlement agreement

At any stage of the trial, you can sign a settlement agreement, which indicates a mutual decision regarding the procedure for providing financial assistance to children. At the same time, the terms of the agreement should not violate the interests of the child.

Do not submit the writ of execution to the FSSP

To do this, you need to write a petition for the issuance of a writ of execution and not transfer it to the bailiff service and to the debtor’s work.

Revocation of the writ of execution

The addressee of the application for revocation is the FSSP unit or the employer, depending on who is engaged in collection from the debtor.

If the suspension is illegal or the bailiff refuses to renew it

It often happens that due to the heavy workload, FSSP employees illegally suspend the collection of alimony. One of the reasons is the impossibility of locating the debtor and his property.

Alas, in most cases this is a reluctance to work and actively interact with law enforcement agencies in terms of searching for the payer. If the bailiff illegally suspended the proceedings or refused to resume it, you will need a complaint against the bailiff, which will force him to take all possible measures to find the payer.