Overpayment of alimony: how to return overpaid alimony, is it possible to recover the listed alimony, what does Article 116 say?

Challenging paternity is a fairly common procedure that many fathers undertake who doubt the biological relationship with their child. Especially when the relationship has already been destroyed and alimony has been collected from them for the child.

Often, fathers’ suspicions are justified, and a DNA test carried out as part of a court assignment shows a negative result. And alimony has already been paid for a long time! And the father, freed from the obligation, begins to hope that he will be able to get a refund of alimony after challenging paternity.

Reasons for return

Family law always protects the interests of the child. This is due to the fact that children are not yet able to take care of themselves and solve their problems. That is why the payment of alimony is regulated very seriously and in detail.

There are also situations where the ex-spouse pays alimony for children who are not their own. It is in order to protect against such situations that the law provides for the possibility of return in exceptional cases.

Example 1: Vladimir has two children from his ex-wife. Last week he took a DNA test and found out that he is not the biological father. When he told his ex-wife about this, it turned out that she knew this and was deceiving him. Now Vladimir has filed a claim in court to recover all the alimony he paid. He has a chance to win.

At the same time, there are many situations when their size is set at an unreasonably high level. On the one hand, this can protect the rights and interests of the child and his mother, on the other hand, the father and his new family suffer.

The Family Code lists 3 reasons when alimony can be returned:

• If forged documents were submitted to the court when assigning alimony, then it is possible to cancel this decision and return the money paid;
• The child support agreement was drafted and signed using threats or violence;
• The payment agreement or writ of execution was forged. In this case, it is also possible to return the money paid.

Refunds are made at the expense of the guilty person. The child's money should never be touched.

The legislative framework

Refunds of overpaid payments are regulated by the following articles:

It would not be superfluous for an alimony payer who wants to get his money back to study the rules of the Code of Civil Procedure in order to freely navigate the intricacies of legal proceedings. Translations made by mistake or intentionally can only be returned through legal action.

Application for return of paid alimony

To return paid alimony, you need to take several steps:

1. Download the application for the return of alimony below and fill in all the data. Pay attention to the reason for the return; it must be convincing for the court to rule in your favor. Most often it is indicated that the defendant provided false information.
2. Submit the claim to the court through the office or send it by registered mail . We recommend taking the documents with all attachments to the court in person. Then the secretary will sign and stamp acceptance on your copy. This serves as evidence if the court does not schedule a hearing.
3. Wait for the preliminary meeting date to be set. Usually it takes 10-20 days. The secretary will call you and tell you the exact date and time. The defendant must be served with a summons.
4. Bring the originals of all documents to the first meeting.

Our lawyer has prepared a sample form, which you can see below. When you fill out, be sure to check the information about the amount of alimony paid, attach proof of payment or receipts if you handed over the money. If alimony was transferred by an accountant or bailiff, obtain from them information about all transfers.

Refund procedure

If the culprit of the error is the accountant of the enterprise where the alimony worker works, then the latter fills out an application addressed to the management.

The appeal to the management of the organization outlines the essence of what happened, records a request to identify the perpetrators and compensate for the losses incurred.

After consideration of the application, the overpayment is returned to the payer. As a rule, payments are made through deductions from the salary of the employee who made the mistake.

When the culprit is an official, for example, a bailiff, who has adjusted the amount of penalties, the overpayment is collected at his expense, but based on the results of the trial.

If the recipient provided incorrect information and ultimately received alimony under a false court decision, then the latter is canceled, and payments are made at the expense of the former recipient of the funds.

However, in such a situation, the interests of the minor should not be infringed; in any case, no collections will be made from the child’s account.

Thus, it is possible to return overpaid alimony either on a voluntary basis or by a court decision.

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Refund of alimony when paternity is contested

To return child support you will need:

1. Download and fill out the application. Provide all the details and information about the organization that conducted the DNA examination.
2. Calculate child support. Collect all checks, receipts and transfers that you made for the child. Copies of these documents must be attached to the statement of claim.
3. Submit your application to the court in person or send it by registered mail..
4. Find witnesses who were told by the child's mother that you are not the biological father. These could be friends or relatives.
5. Say that you never knew that the child was not yours. If you knew that you were not the biological father, but continued to pay, then the money will not be returned to you.

Paternity can only be challenged through court. To do this, you need to prepare a correct statement of claim, and also indicate in it all the circumstances and requirements.

The court will have to order a DNA examination and make its decision based on the conclusion. If it turns out that another man is the biological father, then child support payments should be stopped.

Return procedure

After a positive decision of the court, the writ of execution, together with information about the plaintiff’s personal account, must be sent to the FSSP (Federal Bailiff Service). The decision comes into force ten days later, and from that moment it will begin to be implemented by bailiffs according to the usual debt collection procedure.

To facilitate the procedure, you should provide the bailiffs with information about the debtor’s place of work, property and real estate . And after this procedure, the returned alimony will be transferred to the specified personal account by the bailiffs. But it should be remembered that if these funds were spent on purchasing property as private property, or were deposited in a bank deposit, then it will be impossible to return them even to bailiffs.

For what period of time is it possible to return the excess transferred amount?

A citizen paying alimony has the right to demand the return of funds if he can justify his claims in court. Recalculation at work will be done only for the last 3 years. The perpetrators will be obliged by a court decision to return the overpaid funds. The child's property and savings are not collected. Payments for an earlier period (up to the last 3 years) will not be compensated.

Application for return of alimony when challenging paternity. Sample

Alimony that has already been paid can only be returned in one case. If the child's mother admits that from the very beginning she knew that the father was another man.

See below for a sample of how to correctly fill out an application for the return of child support if you are challenging paternity. Be sure to include information about the DNA test and the result. If the examination has not yet taken place, then indicate in the claim that you want to conduct one.

Also indicate that the child's mother knew from birth that you were not the biological father.

A statement of claim to the court demanding the return of the overpayment

How to return overpaid alimony In the presence of the above-described grounds, the alimony obligee has the right to apply to a judicial authority with a demand to recover the money paid earlier from the person guilty of unequal actions.

1. Drawing up a statement of claim and preparing the necessary package of documents.
2. Transferring the claim to a judicial authority.
3. Consideration of the application by a judge.
4. Going through court hearings and receiving a final decision.
5. Receiving a writ of execution and submitting the document to the FSSP.

If the victim is unable to reach an agreement with the management of the organization that withheld funds from wages, then he will have to go to court to receive overpaid alimony. The choice of the government agency to which the claim should be sent directly depends on the amount of the overpayment:

Despite the fact that even the funds transferred excessively by the alimony payer still end up as intended, nevertheless, this is a violation of his civil rights. By law, the alimony provider is obliged to pay a certain amount; beyond this, only voluntary transfers can be made.

Inflated alimony payments

Sometimes you can get a refund if it turns out that excess alimony was collected. There are 3 main reasons:

• Incorrect calculation in the accounting department where the child’s father works;
• Blots or corrections in documents, which led to an erroneous amount of penalties;
• Specially made manipulations or corrections in documents.

In these situations, the money must be returned to those persons or government bodies for whose reason this error occurred. To return, write a statement of claim to the court.

Paid alimony can be returned if: when assigning alimony, false information, documents were provided or there were threats

clause 2 Article 116 of the Family Code of the Russian Federation

How to offset an overpayment?

Calculate how much you paid over and above what you were supposed to pay. If the overpayment amount is up to 50 thousand rubles, contact the world court. If you overpaid more, go to a court of general jurisdiction (regional, district, city and others).

• request a certificate from the company’s accounting department if the culprit of the violation is its employee;
• collect all evidence of the guilt of the recipient and those in cahoots with him, if this circumstance became the reason for the overstatement of alimony;
• draw up a claim according to the sample and send it to the court administration;
• Having received the court decision, send IL and your personal account information to the FSSP.

Important! It is possible to count the percentage of overpayment against future payments only with the consent of the recipient.

Price: 1,800 rub.

Alimony paid; forward; or; in advance Oleg, you can generally live without money, there are people who basically live without money. But this is a child who does not yet have the right to make such decisions. As for the fact that you can study for free, this will soon become history. Are you following the reform of secondary education? The new Russia is not the USSR; it does not threaten free secondary education. Good afternoon, Anastasia! I agree with Valentin. Try to set off the amount through the bailiffs, and also invite the spouses to enter into an agreement, which will stipulate additional conditions for the payment of alimony. They did this themselves, however, when the child became an adult, and the father independently paid the arrears of child support, without having a permanent job.

And where is it written that the parent paying child support must pay for education? Alexander - this is a difficult topic in general - the education of children, and especially during divorce. Mom believes that the child should study at MGIMO, and dad should study at a military school. Who should pay for mom's antics?

Summary

As current practice shows, men initiate cases challenging paternity with the aim of causing harm and distress to their ex-wife. The main obligation of parents is to support their child until he turns eighteen. At the same time, material content is not regarded by law as enrichment.

Sometimes life situations arise that require the return of paid alimony money. They are considered in full accordance with the adopted legislation, and taking into account all the nuances of the case.

It is necessary to understand that the payment of illegally received alimony money must be made by the person who is recognized by the court as the guilty party.

Deprivation of parental rights

How to correctly draw up a statement of claim for the cancellation of alimony: a sample document This is a basic list of documents that will be useful as an appendix to an application for the cancellation of child support. Not all people are capable of loving someone else's child as their own. Having failed the test, the new family can go to court to cancel the adoption. However, in paragraph 4 of Art. 143 of the RF IC clearly states that the cancellation of adoption does not always mean a complete release from the obligation to support a failed child.

Just deprivation of the rights of a parent is not a reason to be exempt from paying money for the maintenance of the offspring; the baby will remain with the mother or will be placed in an orphanage, the father must still pay alimony (clause 2 of article 71 of the RF IC, clause 3 of article 70 of the RF IC ).

Family law provides for the possibility of returning alimony to the payer upon the occurrence of certain circumstances. If alimony was paid in a larger amount than required, the payer also has the right to return the excess, but in this case a different course of action will be applied.

In what situation can the alimony obligee return the funds?

Overpayment of alimony, how to return the excess transferred

The return of funds paid in excess of the required amount is regulated by these provisions:

Overpayment of alimony, how to return the excess transferred Most often in judicial practice in terms of alimony relations, the issue of collecting debt from a negligent payer arises. However, the opposite situation occurs when more than necessary is withheld from the alimony provider. Then he faces the problem of how to return the excessively transferred alimony.

Important! If the bailiff service is at fault, then the funds are recovered from the specialist handling the case.

Jurisdiction

It should be remembered that the return of alimony payments is regulated by the general requirements of the Code of Civil Procedure of the Russian Federation.

The claim must be filed at the location of the defendant.