What the law says: is it possible to apply for alimony a second time?

No matter how strange it may seem, in practice there are cases when the recipient of alimony voluntarily refuses it for various reasons. This could be a move to another country, an increase in the recipient's income, or the mother has remarried and no longer needs child support. But this does not mean that you will not be able to apply for alimony again in the future. Most often, situations arise when the refusal occurs by court decision. This case is more complex, so claimants are interested in whether it is possible to apply for alimony again? Let's look at each situation separately and what will be required of you to re-apply for alimony.

What is a re-filing for child support?

The legislation does not restrict a plaintiff who has been refused or who has withdrawn the writ of execution from re-submitting an application to the judicial authority for the purpose of collecting alimony. You can do this as follows:

1. Go to court a second time and re-apply for alimony. This situation occurs for those who did not complete the trial the first time and a decision was never made. This is possible when the plaintiff changes his mind about forced collection, or the defendant has circumstances such that he is currently unable to pay alimony. Also, the reason for re-applying is a violation of procedural legislation or making mistakes at the stage of the initial application.
2. Contact the bailiff service. If the writ of execution was issued by a judge in accordance with a positive decision on the collection of alimony, then you are not required to go to court again, since the court decision will be valid until the child comes of age. When contacting a bailiff, you only need to write a repeated application to initiate enforcement proceedings for alimony.

If you have previously received a court decision and have a writ of execution in your hands, then know that it does not have retroactive effect, so you can renew it at any time until the child turns 18 years old.

That is, the Civil Procedure Code allows not only the filing of a repeated application for alimony, but also multiple appeals. Therefore, if you are going to court for the first time to collect alimony, then immediately pay special attention to the correctness of the application and the package of required documents, so that they are relevant at the time of filing, and also contain evidence of the lack of maintenance by the father of the child. This is the only way to immediately get a positive decision.

Is it possible to apply for alimony a second time?

A repeated claim to the court for the collection of alimony, if there is already a decision to collect alimony, is not allowed - such a claim will be rejected.

In all other cases, the actions implied by the name “re-submission of alimony” are quite possible.

The exception is when the plaintiff filed a claim for alimony, and the court:

• Left it motionless and then returned it;
• Returned immediately if there were grounds for such action;
• Left without consideration due to the plaintiff’s failure to appear in court.

In these cases, re-applying for alimony is allowed without any prohibitions.

When a writ of execution is revoked from execution, the claimant can resubmit it to the FSSP at any time without limiting the time and deadlines for execution. The main thing is that the child’s permissible age – 18 years – does not expire.

IMPORTANT: If alimony is not collected, and the claim was denied, re-filing is permissible only if there is a significant change in circumstances.

For example: Citizen S.’s claim against her ex-husband for the collection of alimony was denied, since it turned out that the child’s father was recorded from her words, and the defendant denied paternity, claiming that he did not recognize paternity and was not married to the plaintiff at the time of the birth of the children. Subsequently, she married him after the birth of the child, but he did not go through the procedure for establishing paternity. The claim for alimony was denied.

Some time later, the plaintiff filed a lawsuit to establish paternity and collect alimony, indicating that the defendant was the father of the child, and she requested a DNA test to establish paternity. The claim was accepted, and based on the results of the examination, it was satisfied.

Disagreement with the amount of alimony or the need to change the method of collection will not constitute a repeated application for alimony and does not require one .

To do this, the claimant can submit an application:

• On increasing the amount of child support;
• On changing the method of collecting maintenance (from equity to a fixed amount and vice versa).

Such applications are considered by the same court that made the court decision to withhold alimony.

In what cases is it possible to re-collect alimony?

We have already found out that you can apply for alimony collection more than once, but the purpose of the application is related to the reason for the initial refusal or other circumstances.

Is it possible to re-apply for alimony after refusing it?

In practice, there are also cases when a parent, of his own free will, during the judicial review process or after receiving a writ of execution, withdraws his claim. This situation is usually provoked by the applicant. Its refusal may be due to the following reasons:

• The forced collection of alimony from the father does not give the desired result, and the bailiffs cannot hold him accountable, so the applicant understands the pointlessness of going to court and wants to revoke the court decision;
• The parents decided to enter into a notarial alimony agreement among themselves;
• The income of the claimant allows him/her to support the child independently;
• The mother's relationship with the father is bad, so she does not want him to demand alimony payments from the child in old age and claim to participate in his upbringing;
• The potential alimony payer agreed with the claimant that he does not have the financial ability to help the child, but he will help in other ways.

That is, if, based on your application, you received a positive court decision and there is a writ of execution in your hands or already in the bailiff service, then you can revoke it at any time, and, if necessary, resume enforcement proceedings on alimony. But if the trial is not completed, then you are required not only to go to court a second time, but also to re-submit all the necessary documents and go through the stages of the trial until a decision is made.

Re-filing a statement of claim or resuming claim proceedings based on a writ of execution is impossible only in one case, when the refusal is drawn up in the form of a notarial document and certified by signatures.

Re-applying for alimony if new circumstances arise

But the defendant most often submits a second application under new circumstances. Since changes in his family life or health are directly related to the payment of alimony, he is therefore interested in petitioning either to reduce the amount of payments or in the order in which they are calculated. That is, even if a court decision has already been made, the defendant has the right, if the following circumstances exist, to file a new claim:

• Deterioration of health;
• Receiving disability;
• Serious documented costs associated with treatment;
• Temporary loss of ability to work, which directly affects income;
• Downsizing at work;
• The emergence of new dependents: parents, pregnant spouse or children from a new marriage;
• Reduction of additional income or its complete cessation, for example, rental payments, interest on a deposit.

Any of the above conditions must be supported by documented evidence. As for increasing child support payments, the initiative from the defendant rarely comes and a repeated claim for this purpose is usually filed by the claimant, that is, the parent with whom the child lives. However, it is also important here to prove the need to increase alimony - with certificates, hospital extracts, checks, receipts. Therefore, if you doubt whether you can file a claim again, if you are not satisfied with the amount or procedure of payments, then any lawyer will tell you that it is possible.

Deadlines for re-filing a claim

There are no deadlines for re-filing a claim, but other nuances are taken into account:

1. It is permissible to request alimony for the past 3 years if the plaintiff previously took measures to voluntarily resolve the issue with the defendant. As evidence, you can use copies of correspondence, audio and video recordings, witness statements, letters, etc.
2. Regardless of the deadline, a claim is filed if it is necessary to recover funds for additional expenses.

Collection of payments for the past period

The couple divorced in 2013, their son was 15 years old. For the next 3 years, the woman tried to peacefully resolve the problem of paying alimony. My father paid only 2 small amounts (1000 and 1500 rubles), then he stopped communicating. The ex-wife tried to talk to him through social networks, came to his home several times, but there was no result.

In 2020, a claim was filed to recover alimony payments. The son turned 18 years old in 2020, the claim is possible only for 3 years preceding the date of going to court - from mid-2014 to the month of the child’s majority in 2020.

You can read more about the procedure for collecting alimony for the past period here.

Collection of penalties

An agreement on the payment of child support was concluded between the former spouses in 2020. According to the document, a man is obliged to deduct 30% of his salary monthly (a deviation from legal norms of 25% is allowed). The first payment was made the next month after visiting the notary, then the alimony-paying party stopped transferring money.

In 24 months (730 days) the debt accumulated. The debtor's average earnings for the period are 50,000 rubles. The penalty is equal to 0.1% of the debt amount for each day of delay.

How the calculation was carried out:

50,000 x 30% = 15,000 rub. – amount of monthly payments.

15,000 x 24 = 360,000 rub. - the main part of the debt.

360,000 x 0.1% = 360 rubles. – penalty for 1 day.

360 x 730 = 262,800 rub. – penalty for the entire period.

262,800 + 360,000 = 622,800 rub. – total payable under a court decision issued in 2020.

Before collecting a penalty for alimony debt, it is necessary to make a calculation and prepare an application - the collection procedure is described here.

Required documents

When re-applying, the list of required documents does not differ much from the initial submission. So that you do not encounter problems or refusal to consider the case, you need not only to correctly draw up the application, but also to provide the required documents.

• Statement of claim in two copies;
• Parents' passports (if it is possible to provide the defendant's passport);
• Birth certificate of a minor child;
• Certificate of marriage or divorce, if an official marriage was concluded;
• Providing a certificate of income of the plaintiff and defendant (if possible);
• Certificate stating that the plaintiff lives together with a dependent;
• Receipt for payment of state duty.

The state fee will be charged only when the defendant files a repeated claim, for example, when alimony payments are reduced.

In addition to the above list of documents, you should understand that you may be required to provide additional papers if the judge has questions based on your application. Also, take care in advance of documents that will indicate the lack of assistance to the child from the second parent, and provide as complete information as possible in the application about the defendant - residential address, contacts, place of work. If you have any problems applying for alimony again, you can solve them through the Supreme Court website.

How to apply?

If a valid writ of execution is revoked, it remains in the SSP with the bailiff authorized to conduct enforcement proceedings against the person specified in the document. To restore the previously existing enforcement procedure, you need to contact the Service with a passport and an application.

The application is drawn up by the interested person in his own hand and consists of the following parts:

• "caps";
• informational part;
• pleading part;
• conclusions.

It requires you to indicate:

1. In the “header”: the name of the territorial body to which the application is submitted, information about the bailiff conducting enforcement proceedings, information about the applicant.
2. Document name: “Application for collection of alimony.”
3. This is followed by the informational part, which indicates the circumstances of the appointment of alimony, details of the extract from the court decision or order.
4. The circumstances of the appointment of enforcement proceedings, indicating the details of the writ of execution and information about the bailiff conducting the enforcement proceedings.
5. Reasons and circumstances for refusal of enforcement proceedings, date of revocation of the writ of execution.
6. The petition part indicates a request to resume enforcement proceedings on the basis of a valid writ of execution, indicating the personal account number.
7. In conclusion, the date of filing the application, a handwritten signature with a transcript of the surname is indicated, and a list of attachments is given from among the copies of documents submitted along with the application.

The application can be drawn up in free form according to the sample , or on a form issued by the SSP department. It is submitted to the office of the Service and awaits consideration within 5 days.

Attention: In the application you must indicate your email address and telephone number for feedback, which the assigned bailiff can contact based on the results of consideration of the application.

Attached to the application:

• a copy of the applicant's passport;
• a copy of the birth certificate of the child or children for whom alimony is prescribed;
• a copy of the extract of the court decision (order);
• performance list.

After the restoration of enforcement proceedings, the bailiff or the recipient of alimony transfers the writ of execution to the enterprise where the person from whom funds for child support are withheld receives wages.

Payments are restored from the date from which the application was submitted to the SSP. If the recipient claims retroactive repayment of the debt, a claim must be filed.

Using the same algorithm, the alimony payer can initiate enforcement proceedings. Such situations may arise when agreement between the parents is not reached, and it is more convenient for a conscientious parent to officially pay the assigned amount than to become a victim of the game of the spouse with whom the child lives.

If you change the amount of payments or the form of their collection, as well as for collection for the past period, you need to go to court (we talked about how alimony is collected in various non-standard situations, including for the previous period, here). In this case, you can enlist the help of a bailiff, who will collect documentation confirming the validity of the claim, and file a statement of claim. It is filed in the district court - in the office, at the place of residence of the defendant or plaintiff.

It is drawn up in accordance with the established form, a sample of which can be found on the website or in the court office. It consists of the same parts as the statement in the BSC. It must include information:

1. The “header” indicates the name of the court, information about the judge, the number of the precinct and the details of the plaintiff and defendant.
2. The name of the document is “Statement of Claim”.
3. In the informational part, they briefly indicate the grounds for assigning alimony for the first time.
4. The reason why the plaintiff requests a change in the amount or form of receiving alimony payments.
5. Justification of the validity of the claim, with reference to official documents serving as evidence.
6. The pleading part indicates a request for recognition of the claim in full, with the wording of the claim.
7. In conclusion, a date is given, a signature with an explanation of the surname and a list of attachments is given.

The attachments include all documentation that confirms the legal capacity of the claim. Must be included:

• a previously made decision in the form of an extract;
• performance list;
• a copy of the plaintiff's passport;
• birth certificates (passports) of children;
• receipt of payment of a fee in the amount of 300 rubles.

The remaining documents must act as evidence of what is stated in the claim , and depend on the reason for filing it. Here, evidence of non-payment of alimony may be transmitted, which requires replacing the percentage deduction with a flat amount, or confirmation of unauthorized income from which deductions are not made.

The claim is being considered by the court. If a positive decision is made on it, a new writ of execution is issued. If the claim is rejected, the court decision can be appealed, or enforcement proceedings continue on the basis of the previously issued writ of execution.

On our website there are other useful publications by experts on the topic of alimony registration, from which you will learn:

• Can the child himself apply for child support and how to arrange payments to a single mother?
• Where to start the registration procedure and what documents may be needed?
• What is a settlement agreement and when is it concluded?

Submission order

As we found out, filing for alimony twice is a completely legal procedure. However, the procedure for filing an application depends on the specific case and how the previous legal proceedings ended. So, there are two options:

• Repeated appeal to court;
• Resumption of the enforcement case on the payment of alimony through the FSSP.

In the first case, you need to go to court with a repeated statement of claim and all the necessary documents, where you state your demand in order to receive alimony, change its amount or order. Usually, you file an application with the court for the second time when the last time the claim was not considered, you withdrew it of your own free will, or you were refused. The resubmission is no different from the initial submission.

If a court decision has already been made, and you received an enforcement decision in your hands, then re-filing a lawsuit with a similar request is no longer possible.

But in the second case, you need to contact the bailiff service when you already have a writ of execution, but you previously withdrew the enforcement proceedings, for example, due to the impossibility of collecting alimony from the payer or changed your mind. And now you want to bring the alimony payer to justice again. You will only need to write an application to the FSSP.

Thus, a claim can be filed in court an unlimited number of times, if you have not previously received a writ of execution for various reasons. And if a court decision has already been made, then re-submitting an application can only be associated with an increase/decrease or a change in the procedure for paying alimony. Otherwise, you no longer need to go to court; to resume the case of collecting alimony, you will only need the bailiff service.

What does the result depend on?

The result depends on the legality of the plaintiff’s claims and the justification for their validity. If the court finds that the child's mother is manipulating the situation to gain undue advantage, and the motive for filing the lawsuit is personal gain, the court will reject the claim. In order to avoid such an impression, everything stated in the claim must be based on facts and documents supporting them. Unsubstantiated statements and emotions in court lose their power.

If we are talking about restoring enforcement proceedings, then the result depends solely on the correct execution of the documentation package. There should be no refusals from the bailiff body, except in cases provided for by law.

If alimony was previously assigned and then canceled at the initiative of the recipient, its receipt can be restored by returning the writ of execution to the proceedings by writing an application to the territorial body of the SSP. If the conditions or amount of payments received change, you need to file a lawsuit.

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Repeated collection through the bailiff service

Revocation of a writ of execution is an action by the claimant aimed at temporarily stopping enforcement proceedings.

IMPORTANT! At the end of the hearing, the judge may issue an order or decision. The Code of Civil Procedure of the Russian Federation states in Article 121 Part 2 that a court order is at the same time an executive document, therefore in this case it is not necessary to request a writ of execution from the court office for submission to the bailiff service.

With this document, the applicant applies to the bailiff service, which collects alimony.

However, the applicant has the right to demand that the collection be stopped, and the writ of execution is returned to the recoverer upon his application.

The reasons for termination of payments are various:

• the former spouses reconciled and resumed their relationship;
• the payer became unofficially employed and began to pay alimony that exceeded the amount of the court decision;
• the recipient of alimony does not need to receive funds due to an improvement in their financial condition;
• an agreement between the parties that one of the parents, instead of monthly payments, will register property in her and/or child’s name;
• by order of the alimony payer to obtain permission for the child to travel abroad.

If life circumstances have changed, you can re-collect alimony until the child turns 18 and for the next three years.

Is it possible to collect alimony again?

In order to understand whether it is possible to apply for alimony a second time, it is necessary to determine why you were not successful the first time.
For example, the plaintiff abandoned the claim or the parties reached an amicable agreement. In accordance with the Code of Civil Procedure, if the plaintiff abandons the claim or the parties enter into a settlement agreement, it is impossible to re-apply to the court on the same issue to the same defendant.

In this situation, alternative options need to be considered. For example, the law provides for the possibility of applying to a court in another district (if the defendant moves) or changing the claims (instead of paying alimony as a percentage of all types of income, request the recovery of funds in a certain amount of money).

If the writ of execution is lost

Forced collection of alimony is carried out only in the presence of a court order or writ of execution, which are issued by the court. The loss of such paper significantly complicates the process of forced collection, however, it does not always cancel it.

Expert commentary

Gorchakov Vladimir

Lawyer

Thus, in case of loss of a writ of execution, the applicant has the right to apply to the court with a request to issue a duplicate of it, which is equal in strength to the original. In this case, the demand for alimony does not need to be submitted again. Thus, the loss of a writ of execution does not entail a refusal of alimony, but only temporarily suspends its payment until a duplicate is received.

If the court refuses to collect alimony

A correctly drawn up statement of claim does not always mean that a decision will be made in favor of the plaintiff.
Thus, the court may refuse the claim on the grounds specified in Art. 134, 220 Code of Civil Procedure of the Russian Federation. In this case, the plaintiff must either eliminate the circumstances that caused the refusal to collect alimony, or formulate the claims more precisely and prove to the court that the brought claim does not repeat the previously stated and considered claims of the claimant. As an analysis of judicial practice shows, the courts refuse to collect alimony if, during the consideration of the case, it is established that the claim was filed to reduce payments for the maintenance of children from previous marriages.

Expert commentary

Shadrin Alexey

Lawyer

This can be avoided if the plaintiff manages to prove that the defendant, despite the fact of living together with children from the current marriage, does not provide them with material support, without participating in their maintenance.

Resubmission in individual cases

Below we will consider the most common situations when there is a need to re-file claims.

Enforcement proceedings are closed

At the end of the proceedings in court, the plaintiff is given a writ of execution and an extract from the decision, which he transfers to the bailiffs. Subsequently, the FSSP employee independently takes measures for recovery.

The grounds for termination of enforcement proceedings are described in Art. 43 Federal Law “On Enforcement Proceedings”:

• death of the recipient (child) or debtor;
• refusal of the claimant to continue the IP;
• cancellation of IL by court decision;
• drawing up a settlement agreement approved by a judicial authority;
• recognition of debt as bad.

If the IL is annulled by a court decision, the claimant challenges it through a higher court. In other cases, in case of unlawful termination or suspension of enforcement proceedings, women must contact the bailiffs by submitting a corresponding statement.

Incorrect actions or inaction of the bailiff can be appealed by filing a complaint with the head of the FSSP. If there is no response - to the senior bailiff of the region, then - to the chief bailiff of the Russian Federation. It is possible to send electronic appeals through the official website of the FSSP.

Father doesn't pay child support

If the assigned alimony obligations are not fulfilled, a penalty will be charged from the first day of delay. The bailiff must control the situation and, if necessary, help the collector solve problems with non-payment of alimony, so in such a situation you should contact him.

If a court decision has been made, the case materials have been transferred to the FSSP, but the debtor does not pay alimony, you cannot go to court again.

In this situation, the procedure is as follows:

1. An application for calculation of alimony debt is submitted to the bailiff.
2. The FSSP employee makes the calculation, taking into account the amounts assigned for payment, the minimum wage, the cost of living and other indicators depending on the situation.
3. The bailiff issues a resolution on debt settlement and sends it to the collector and the debtor.
4. If the alimony obligee does not repay the debts within the established time frame, an enforcement fee is charged.

In the future, it is possible to seize property, seize bank accounts, and bring administrative liability. If the debtor does not begin payments, the paperwork is transferred to the investigator to prepare documents for the court, and a criminal case is initiated under Art. 157 of the Criminal Code of the Russian Federation.

A more detailed procedure for collecting child support from an unemployed father is described here.

If there is a child support agreement

According to the RF IC, the parties can at any time enter into an agreement on the payment of alimony and have it certified by a notary. The content, terms, amount and procedure for payment are determined by the former spouses independently.

If the contract is drawn up after a court decision is made, a claim is filed for its cancellation and termination of the individual entrepreneurial activity with the FSSP on the basis of Art. 43 Federal Law dated October 2, 2007 No. 229-FZ.

The case is considered within a month, a new decision is drawn up. Finally, it is transferred to the bailiff leading the individual entrepreneur - he draws up a decree to terminate the individual entrepreneur, and the debt obligations are fulfilled by the alimony payer only within the framework of a notarial agreement.

Voluntary refusal of alimony

Since such payments are targeted in nature and are most often intended to support minor children, the plaintiff (child’s mother) may, on her own initiative, refuse to receive such funds. This means that any written agreement that she undertakes not to collect alimony from the father of the children in exchange for any material benefits is void and is not allowed by law.

Expert commentary

Leonov Victor

Lawyer

In some cases, alimony cannot be collected and paid, regardless of whether the claimant wishes to receive it or not.

Changing the amount of alimony

Each party to the alimony legal relationship can file a claim to change the amount of alimony, even if there has already been an amicable agreement between them to determine the amount of the monthly maintenance of the recipient of the funds.

Most often, the need to change the amount of payments is associated with:

1. Financial situation of the parties. For example, in the event of loss of ability to work, the payer can no longer provide for the child in the previously established amount, which will require a reduction in the amount of alimony support. At the same time, the recipient of the funds may go to court to increase the amount of payments for a similar reason.
2. Additional expenses for children. Most often, additional costs are associated with preschool and school education for minors, as well as with forced treatment of the child. Few alimony payers voluntarily agree to help in amounts in excess of the amount of payments established by the court, even if such expenses are simply necessary, so recipients are forced to go to court to distribute expenses between both parents, as well as to increase the amount of maintenance.