Limitation period for alimony in 2020 - claims, debts, is there any (add a line to the beginning of the document)

Failure to pay financial support in favor of dependents is punishable by charging a fine and bringing to administrative, and in some cases, in case of malicious evasion, criminal liability. Along with this, there is a statute of limitations, after which it is not possible to collect the debt by force of law upon application by the interested party. How long is the statute of limitations for alimony obligations, what conditions are provided by law for its establishment, what happens after the designated period, in detail in this material.

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The legislative framework

How to determine the statute of limitations for collecting alimony, what laws should you rely on? The list of grounds for assigning alimony obligations and the procedure for calculating the statute of limitations are established by Chapters 13-17 of the RF IC; these norms contain:

Peculiarities of notarized confirmation of the alimony payment agreement. In accordance with Article 100 of the RF IC, this document can be used as a writ of execution in the event of the need for forced collection of payments and the accrual of penalties.
The deadlines for applying for payments in the presence of a court decision are determined by Art. 107 RF IC.
The need for indexation of payments and the procedure for its calculation are regulated by Art. 117 RF IC.
The legal grounds for termination of payments for alimony obligations are indicated by Art. 120 IC RF.
The possibility of exemption from alimony is provided for in Art. 114 RF IC.
The specifics of collecting the remaining funds to compensate for additional expenses of relatives are specified in Art. 88 RF IC. This category of payments may include coverage for expensive medical treatment.
The conditions and possibilities for establishing alimony obligations in favor of adult disabled children are provided for in Art. 85 RF IC.

The law provides for the possibility of reinstating the statute of limitations for child support.

Acceptance of the petition and consideration of the case, hearing the opinions of the parties, as well as assessing the significance of the reason for which restoration is necessary is carried out in accordance with the provisions of the Civil Procedure Code of the Russian Federation.

When drawing up a statement of claim, you must be guided by the provisions of Art. 131 of the Code of Civil Procedure of the Russian Federation, which specifies the requirements for the content of the document:

the name of the court, which is selected taking into account the place of residence of the defendant or child in whose favor alimony is awarded;
indication of the type of document (statement of claim for collection of alimony payments);
listing references to legislative norms confirming the legality of the requirements;
calculation of the amount of claims from the date of application, 3 years before going to court, determination of the penalty for each day of delay.

A petition in order to restore the statute of limitations for arrears of alimony must be submitted together with documents confirming the delay in applying for protection of legal rights for a good reason. This data is submitted as an attachment to the application.

If time is up

When the statute of limitations on alimony has expired, when filing a claim in court, the interested party, in this case the defendant, has the right to petition for a refusal to open proceedings to pay maintenance for minors and disabled family members.

To restore the statute of limitations, if the injured party learned of a violation of its rights after the expiration of the period specified in the law in the absence of an agreement on alimony, it is necessary to justify the reason for going to court later.

Additionally, material sources are provided to support the stated arguments. In their absence, the opening of claim proceedings will be refused due to the lack of respect for missing the deadline established by law.

If the parties previously entered into an agreement, certified by a notary, on the procedure for providing alimony payments, then it is not necessary to provide justification for missing the deadline. It is enough to present this document to the Bailiff Service, which has the force of execution and the requirements specified in it are subject to legal implementation without the need for a judicial act.

Who has the right to file a claim and when?

Is there a statute of limitations for alimony? Confirmation of the legality of the plaintiff’s demands for alimony gives him the right to receive these payments. At the same time, in accordance with Art. 107 of the RF IC, the accrual of payments begins from the day the statement of claim is registered in court. For the collection of funds for alimony obligations, only the date of application to the court is important, and not the date of the appearance of the grounds for payment (for example, the birth of a child) or the statute of limitations of the writ of execution for alimony.

This is also important to know:
Statement of claim for cancellation of alimony: valid reasons and sample application

This rule allows you to protect the rights of the plaintiff, because alimony payments, if the court satisfies the claim, are not affected by the duration of the process. This approach becomes significant for citizens whose hearing of alimony cases has dragged on for months. The deadline for collecting alimony is the child reaching the age of majority, with the exception of the case of the need to provide for disabled children, in which case you can apply for alimony after a divorce even after they reach 18 years of age.

Several restrictions

The alimony obligations themselves do not have a statute of limitations, but the debt on them can be collected only in accordance with the general civil requirements for such payments. Therefore, it is worth considering the statute of limitations for alimony debt. You can demand the collection of alimony for the previous period in accordance with the provisions of Art. 107 RF IC. In particular, it states that alimony can be claimed for a period not exceeding 3 years before the date of application to the court, provided:

the plaintiff taking independent measures to obtain funds to support the child;
confirmation of the actions or inaction of the defendant, indicating evasion of the obligation to support the child.

Correspondence with the plaintiff, represented by letters and notices, and witness testimony can be used as supporting documents. The motives for refusal or inaction to make a court decision often do not matter.

Term for calculating alimony

The law establishes a general deadline for assigning financial support payments to relatives. Regardless of the period for consideration of the application, the demand is filed independently or together with a request for divorce, establishment of the child’s place of residence or other dispute.

The moment from which funds will be withheld is the day the claim is filed in court.

You can receive a writ of execution immediately after a court decision is made, before it enters into legal force. If the defendant challenges the court's decision, the recipient will have to return the funds that were withheld. Accrued but unpaid funds are not refundable.

List of valid reasons for missing the statute of limitations on alimony

Sometimes a person cannot file for child support on time. The renewal of deadlines associated with alimony payments is regulated by the norms of the Civil Code, taking into account the reasons for omission. The decision on each appeal is individual. The list of valid reasons includes:

the presence of a disease, completion of a course of treatment, which is confirmed by relevant extracts from the patient’s chart;
legal ignorance;
the need to stay with close relatives in the event of the death of one of them or the need to organize constant care in case of a serious illness;
long business trip;
Force Majeure.

Valid reasons for absence

The recognition of a particular reason as valid is carried out by the court in accordance with its internal conviction at its own discretion on the basis of the evidence and explanations presented by the applicant to the court. In each individual case, the circumstances will be assessed taking into account specific conditions.

Judicial practice in this category of cases suggests that the most common reasons that courts subsequently recognize as valid are:

unforeseen incidents, force majeure;
long-term illnesses;
death or serious condition of any loved one;
long business trips, etc.

Legal illiteracy or ignorance of the law, as a general rule, is not a sufficient basis for restoring the procedural deadline.

If you are interested in the topic of collecting alimony through the court, then read our materials on how to write and submit a claim for alimony for a child and mother and a complaint about the inaction of bailiffs.

Deadlines for filing a writ of execution

Receiving a positive decision at the entrance of a court hearing allows the plaintiff to receive a writ of execution containing information about the payer himself and the amount of the assigned payments.

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The writ of execution must be submitted to the FSSP within 3 years from the date of receipt; its termination occurs when the child in whose favor the payments are made reaches adulthood. We have already said that the statute of limitations for alimony after adulthood is considered differently. When determining deadlines for execution, bailiffs are guided by the norms of the Federal Law “On Enforcement Proceedings”, in particular:

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initiation of enforcement proceedings must be carried out within 1 day from the receipt of the application, confirmed by the writ of execution;
within 24 hours from the date of the decision, copies of the paperwork must be sent to the collector and the payer.

Voluntary payment of the debt within 5 days from the receipt of the demand allows the payer to avoid the need to pay an enforcement fee in the amount of 7% of the debt amount. All information about enforcement proceedings is entered into the FSSP electronic database, where you can not only check the existence of a debt using information about the date of birth and full name of the debtor, but also pay the required amount.

Collecting alimony debt after the child reaches adulthood: step-by-step instructions

If the child has already reached the age of majority , and the collector knows that the defendant has a child support debt , first you need to find out what stage the child support case is at. To do this, you need to communicate with the bailiff - the best option would be to visit him in person.

Thus, the claimant will have the opportunity to independently familiarize himself with the alimony file and review all the latest documents contained in it (in accordance with Part 1 of Article 50 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”). If the proceedings are completed untimely, the person receiving child support must make a copy of the decision to terminate the individual entrepreneur .

Next, it is important to request a resolution on the calculation of alimony arrears . This document is very important in the context of debt collection - it calculates the monthly accumulation of debt and provides the current total amount to be paid by the alimony provider. At the request of the recoverer, the bailiff conducting the proceedings prepares and signs a resolution.

Based on the document on the debt, the recipient of funds has the right to withhold from the defendant in court a penalty for late alimony payments in the amount of one tenth of one percent of the amount of unpaid alimony for each day of delay (Part 2 of Article 115 of the RF IC).

How to appeal a decision to terminate enforcement proceedings

If alimony proceedings were illegally terminated by a bailiff due to the common child reaching the age of majority (after 18), and the payer remained in debt, the claimant must appeal the decision in the order of subordination (through the senior bailiff). If the authorities of the bailiff service (Bailiff Service) refuse to resume proceedings in the case, the dispute can be resolved through the court , since the unpaid debt must be repaid.

It is necessary to write an application to the senior bailiff to challenge the decision - to complain about the unlawful actions of his subordinates.

Next, it is important to resume the proceedings in order to apply enforcement measures to the debtor until the debt is fully repaid. This requirement can be immediately indicated in the initial application.

I ask you to cancel the order of the bailiff Ivanova E.P. dated March 12, 2018 on the termination of enforcement proceedings to collect alimony for the maintenance of the son of Petrov Yu.A.
Resume alimony proceedings for the maintenance of Yu. A. Petrov due to the presence of alimony debt in the amount of 74,546 rubles. for the purpose of applying enforcement measures to the debtor V.V. Petrov.

If the bailiffs avoid resuming the proceedings, it is necessary to proceed to the next stage - going to court .

How to collect alimony debt after 18 years in court?

In itself, there cannot be a lawsuit for the collection of alimony debt from a defaulter, since alimony has previously been collected by court order or court decision.

If the debt is not paid after 18 years, the debt collector can only initiate the resumption of alimony enforcement proceedings in court (i.e., complain about the bailiffs and force them through the court to continue working with the debtor).

Such a statement of claim is filed with the district court at the location of the territorial branch of the SSP, the defendant in the case is the bailiff who issued the decision to terminate the enforcement proceedings. Statements of claim of any nature sent to protect the rights of children are not subject to state duty (clause 15, part 1, article 333.36 of the Tax Code (TC) of the Russian Federation).

In this case, the plaintiff must be the actual collector of the funds - i.e. the child's parent , despite the fact that the offspring already has full legal capacity and has reached the age of majority (to the question of who receives the alimony debt after 18 years - the child or the mother?) . This position is confirmed by the Ruling of the Supreme Court of the Russian Federation No. 58-КГ17-19 dated 03/02/2018. This is due to the fact that the mother (or father) of the child independently supported him until adulthood, and therefore has the right to compensation .

A violation of the rights of the alimony claimant will be evidenced by the presentation of evidence - a resolution to terminate enforcement proceedings for the collection of alimony after the child turns 18 and the calculation of the debt .

Sample statement of claim for collection of alimony debt after the child reaches adulthood

In the Sovetsky District Court of Bryansk, Bryansk, st. Stepnaya, 44

Plaintiff : Natalya Viktorovna Pakhomova, Bryansk, st. Emlyutina, 121, apt. 14 tel. xx-xx-xx

Defendant : bailiff of the alimony group of the Soviet district department of the SSP Olga Petrovna Viktorova, Bryansk, st. Duki, 59 tel. xx-xx-xx

Statement of claim for the resumption of enforcement alimony proceedings

Based on a court order dated April 12, 2006, in favor of my daughter, Margarita Pakhomova, born in 2001, alimony was collected from her father, Ilya Sergeevich Pakhomov.

On January 15, 2020, my daughter turned 18 years old; I have not received child support for the last six months, since approximately August 2020. Having contacted the bailiff O.P. Viktorova, I found out that the enforcement proceedings in the case were closed on the basis of clause 2 of Art. 120 of the RF IC - in connection with the daughter reaching adulthood. This resolution was made illegally, since the payer I.S. Pakhomov has an alimony debt in the amount of 48,600 rubles. (according to the resolution on debt calculation).

Based on Art. 113 RF IC, Federal Law No. 229-FZ dated 02.10.2007 “On enforcement proceedings”

I ASK THE COURT:

Resume proceedings to collect alimony debt in favor of Pakhomova M.I., born in 2001 from Pakhomova I.S.
According to clause 15, part 1, art. 333.36 of the Tax Code of the Russian Federation - exempt from payment of state duty.

I am enclosing the following documents with the application (copies):

A court order for alimony.
Resolution on completion of enforcement proceedings.
Resolution on debt settlement.

03/11/2020 _____________/signature/

Limitation period for alimony obligations for spousal support

Filing for alimony (for your maintenance) from your ex-spouse is carried out in a number of cases. The following has the right to do so:

pregnant woman;
one of the parents caring for a disabled child;
one of the spouses who received the status of disabled person no later than 1 year after the divorce.

This is also important to know:
Withholding alimony from a pension: amount of collection and payment procedure

The statute of limitations for alimony awarded in favor of a pregnant woman or one on maternity leave is 1 year. When appointed in favor of a disabled spouse, the statute of limitations is 3 years. An exception is the case of disability due to the fault of the defendant; in this case, the statute of limitations for recovery does not matter.

Pensioners who retired within 5 years after the divorce can also apply for alimony. A necessary condition is the need to receive financial assistance and the duration of the officially dissolved marriage (from 10 years).

In what cases does the statute of limitations not apply?

We have already said earlier that in the Family Code the concept of a limitation period has a more expanded scope until the child reaches the age of majority and becomes able to work to support himself independently. However, as with any other legislative provision, there are exceptions. In terms of exception, there is the concept of a “crossed period”, after which you will no longer have the opportunity to file for alimony. This is the period when a child reaches 18 years of age, provided that he is healthy and able to work.

But if a child is disabled, incompetent, incapable of work and thus cannot provide for himself independently, and needs constant outside help, then alimony payments can be extended and the concept of a “term limit” does not apply here. In this case, the mother can apply for child support even after the child reaches adulthood. Accordingly, there is no statute of limitations for such cases if alimony was not previously paid.

Time limits for debt collection

How long is the statute of limitations for child support? The legislation provides for debt collection for a period of 3 years, with the amount of the debt increasing by the amount of the penalty. When determining the amount of debt, the following algorithm is used:

Determination of the amount for the entire period.
Counting days overdue.
The amount of debt is multiplied by 0.1%, and the result is multiplied by the number of days.
The amount of the principal debt and the amount of accrued penalties are added up to obtain information about the total debt of the payer.

The principle of calculating arrears for alimony obligations

In most cases, it is easier to understand the features of accrual and calculation of debt by studying a practical example:

Based on the court decision, the man had to pay 10,000 rubles monthly for child support or make transfers in the form of 25% of income. Until June 16, 2017, he made payments in good faith, but after that he stopped paying and began to refuse contact with the child’s mother. All attempts to negotiate peacefully were ignored.

In 2020, a woman filed a lawsuit demanding to collect the debt and penalty for the past 375 days. The calculation of the amount was carried out using the following algorithms:

Determining the amount of debt for the year (10,000 rubles * 12 months = 120,000 rubles).
Calculation of the amount of the penalty for 1 day (120000*0.1%=120 rubles).
Calculation of the penalty for the entire period (120 rubles * 375 days = 45,000 rubles).
Adjustment of the amount payable (45,000+120,000=165,000 rubles).

The period for collecting alimony depends on a number of circumstances.

Penalties and penalties for non-payment of alimony

In addition to debt collection, the alimony provider may be subject to additional obligations. Their varieties are indicated in the table.

Grounds for requesting alimony

A comment

Agreement

Any penalties that the parties agree upon. It can be:

Penalty.
Pledge of any property.
Penalty for the period of delay established by the agreement.

An obligation to perform an action specified in an agreement.

Court

A penalty equal to 0.5 percent per day of the total amount of unpaid alimony support. The penalty is charged every day until the debt is fully repaid.

Renewal of statute of limitations

If you miss the legal 3 years to apply for a penalty, it is possible to restore this right if you have documents confirming the existence of a good reason that precludes a timely appeal to the court:

the plaintiff's health condition;
caring for a seriously ill child or relative;
long business trip to another city or country;
long-term treatment in a hospital or sanatorium.

This is also important to know:
How to apply for alimony without divorce (in marriage), documents for alimony

To obtain a positive decision, you must provide documentary evidence of a valid reason. If the deadline for collecting alimony is missed, then you can receive payments for child support after he turns 18 years old, subject to the restoration of the statute of limitations.

What requirements are covered?

Provisions on limitation periods apply to property legal relations. These include:

restoration of violated civil rights;
debt collection under transactions in various forms;
presentation of many other property claims.

Family legal relations, including disputes over alimony, as a general rule, are not subject to the regulation of the law on the time limits allowed for going to court.

Thus, a claim for the recovery of such payments can be filed at any time without any restrictions. In this case, some features should be taken into account.

Possibility of collection

The following may submit demands for the assignment of child support payments before the expiration of the statute of limitations for claims:

parents;
legal representatives, which include guardians or court-appointed trustees;
adoptive parents whose status is officially confirmed by relevant documents;
guardianship authorities, in case of transfer of responsibility for the fate of the child to them.

Collection under an agreement drawn up by a notary is carried out in the usual manner after contacting the FSSP. There is no statute of limitations for this case of 3 years. Payments are collected based on the recipient's application in favor of a minor child.

Is child support debt written off after 18 years and is it possible not to pay?

As a rule, the state primarily protects and protects the interests of children who have the right to financial assistance from both parents (both mother and father). However, if the debt arose through no fault of the payer , the court may reduce or even cancel the amount of the debt.

Valid circumstances for evading alimony payments include:

severe illness of the payer or his close relatives associated with the acquisition of disability, expensive treatment, incapacity for work, etc.;
the debtor is under force majeure conditions : flood, fire, other tragic situations;
difficult financial situation of the family of the alimony payer: low wages, unemployment, high expenses for a disabled child, etc.
In order for the court to make a decision to reduce or write off the alimony debt, the payer must provide a set of significant valid reasons and must confirm the impossibility of paying alimony with facts, including documentary.

The necessary conditions

The possibility of obtaining a positive decision on a claim for alimony requires the fulfillment of a number of conditions:

The child is a minor. The accrual of alimony payments stops when the recipient turns 18 years old. The basis for refusal to assign alimony is the early emancipation of a child of 16 years old due to his early marriage, official employment, or entrepreneurial activity.
The child receives full-time education at a university or other educational institution. This criterion is taken into account when applying for alimony for a child under the age of 21.
Disability or disability. A child has the right to apply for alimony for his own maintenance if he has a disability of group 1 or 2 since childhood or received the status “disabled” at any time after reaching adulthood.
Appeal to court no later than 5 years after the official divorce of a marriage that lasted at least 10 years. Only a spouse who has received the status of disabled person can request alimony.
The need to provide additional expenses for the maintenance of parents.

Period for the protection of property rights after the dissolution of a marriage

After the dissolution of the marriage, the ex-wife has the right to recover funds for her maintenance from the man’s income in the following cases:

in case of permanent incapacity or disability;
during pregnancy;
when on leave to care for a joint child from 0 to 3 years;
upon reaching retirement age;
if there is a common disabled child under the age of 18;
in the presence of an adult common disabled child of group I.

The statute of limitations for alimony after divorce differs, depending on the basis for the collection.

A disabled woman has the right to seek financial support from her ex-husband no later than 4 years after the dissolution of the marriage. The right to recovery arises for persons who have lost their ability to work, become disabled during marriage or within 12 months after a divorce.

A pregnant woman has the right to receive funds only during pregnancy. If monetary support is collected before the child’s third birthday, then assistance can be recovered for the past period, including pregnancy.

When the former spouse reaches retirement age, he has the right to receive financial support. To do this, you must prove need and the inability to meet your needs from personal funds. The period for going to court is 8 years after the dissolution of the marriage. The right to claim is given to spouses who have been married for a long time.

If spouses have a common disabled minor child, then the spouse has the right to receive financial support during the period of caring for him. This opportunity is available to women who do not have the opportunity to work and do not have any other type of income (pension, income from business activities, from deposits, securities).

The period for applying to court is limited by the child's majority. In this case, it is impossible to recover financial support for the past period.

Attention! There is no statute of limitations for going to court for women caring for an adult child with a Group I disability. However, the right disappears for the former spouse who enters into a new marriage.

Limitation period for alimony

Family Code of the Russian Federation in Art. 107 limits the limitation period for alimony obligations to 3 years. In accordance with the general requirements, a person who has not gone to court to protect his rights can use the period for collecting arrears of alimony. It is possible to receive payments for the past period only if there is evidence that measures have been taken to obtain funds from the potential payer for the maintenance of a child or disabled relative, which were ignored.

The following may be used as confirmation of attempts to pre-trial resolve the issue of fulfillment of alimony obligations:

written receipts;
witness's testimonies;
data on sending notifications about the need for payments;
confirmation that the payer has ignored the requirements to fulfill obligations to support dependent persons.

When the interested parties draw up an agreement that has undergone the mandatory procedure of certification by a notary, the law does not provide for the application of a limitation period of 3 years. Collection of funds is allowed at any time, even after the generally accepted statute of limitations for collection has expired.

The moment when alimony obligations arise is determined by the date of registration of the filing of the claim, and not the day of a positive decision on it. A court decision may impose liability on the payer to pay the debt for the past period not exceeding 3 years, provided there is no agreement on the procedure for providing financial assistance during this period.

Duty

Collection of arrears of alimony payments is limited to 3 years. If the debtor fails to make the necessary payments in accordance with the requirements of the writ of execution, the document may be suspended, but not terminated, which means that the requirements under the writ of execution will be renewed again for 3 years.

Payments

When submitting a notarized agreement to the FSSB, the document is considered a legal basis for initiating enforcement proceedings. The absence of an agreement or the fundamental refusal of the defendant to fulfill obligations under it are grounds for resolving the issue in court.

Return

In some cases, it is possible to return funds paid as alimony if it is determined that alimony claims were made without legal grounds, as a result of:

forgery of documents submitted to the court;
overpayments, in such cases, demand rarely occurs;
fraud with forgery of a court decision or writ of execution;
establishing the erroneous fact of paternity;
recognition of an agreement on the payment of alimony as invalid due to violations of legal norms when drawing it up, for example, when using threats of physical harm or emotional pressure in the process of drawing up the document.

Reinstating the statute of limitations

If in your situation there is such a thing as a statute of limitations for the collection of alimony, then this indicates a violation of the rights of a minor child and the parent with whom he lives. As a result, the potential recipient of alimony has the right to write a statement of claim, on the basis of which the judge will consider the timing of failure to fulfill the obligations imposed on the alimony payer. But it is impossible to impose obligations on the defendant without hearing his position, because he may have good reasons for this, in which case the amount of debt, as well as the period for previous years or months, can be revised.

Valid reasons for missing the statute of limitations

According to the provisions of the Civil and Family Code, if non-payment of alimony is due to valid reasons, then the defendant may not be required to pay the debt for past years. Valid reasons may include:

The alimony payer has serious health problems;
Long-term hospital treatment;
Family or life circumstances that have caused financial difficulties;
The appearance of other dependents in the family;
The defendant’s lack of awareness that enforcement proceedings have been initiated to collect alimony;
The alimony payer has poor command of the Russian language or does not know his responsibilities before the law of the Russian Federation

This is not a complete list of reasons that can serve as a serious reason to write off all or part of the debt. However, it is necessary to understand that regardless of the circumstances, you must document them with a certificate, an extract, a doctor’s report, a travel certificate or other documents. Reinstatement of the statute of limitations occurs within 6 months. But if there are no valid reasons, or it is impossible to confirm them with documents, then the defendant will face consequences according to all the strict rules of the law, he will be held accountable.

Restoration of deadlines may not be carried out if an individual entrepreneur or legal entity has applied to the judicial authority.

Consequently, the limitation period has no limitation period in Family Law and can be applied until the child reaches adulthood. However, as we noted above, in order to collect not only alimony, but also debt for previous years, certain conditions must be met. Therefore, you should not sit and wait until an unscrupulous father begins to fulfill his alimony obligations and, first of all, to his child. Immediately go to court to enforce collection and bring him to justice.

Determining the amount of payments

The main criterion for determining the amount allocated for the maintenance of a minor child is the amount of income of the payer. Interested parties can determine the amount of payments independently when drawing up an appropriate agreement or go to court.

This is also important to know:
What to do if the husband does not pay alimony and the bailiffs are inactive: how to legally influence the process

The defendant’s lack of official income does not cancel his obligation to pay alimony; the calculation of the amount to be transferred in favor of a minor child is based on data on the average salary in the region. When determining the amount of payments in court, the following factors are additionally taken into account:

marital status of the defendant;
financial well-being of both parties;
the number of dependents supported by the defendant;
the presence of circumstances that could make it difficult for the defendant to fulfill his alimony obligations.

Divorce

If there is no agreement on payments for child support after the official divorce between his parents, it is necessary to go to court to assign alimony. Practice shows that quite a lot of time passes between the date of official termination of family relations and the filing of a claim for alimony payments. It is necessary to take into account that the calculation of alimony begins only from the date of filing the claim.

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The statute of limitations for receiving payments for the past period, if there is an opportunity to protect one’s rights, is 3 years. The age of the fact of official divorce or the birth of a child does not affect the possibility of receiving alimony payments. The limitation period does not exceed 36 months.

Formed debt

In accordance with the law, for the past period it is possible to recover not only alimony payments, but also the debt incurred on them. In this case, the statute of limitations is also 3 years.

Important
You can receive payments only by submitting to the court confirmation of attempts made to obtain funds for child support and evasion of duties by the payer.

Accrual of penalties

If there is a delay in alimony payments, the plaintiff may apply to the court with a request to charge a penalty on the amount of the debt. This is used to stimulate the timely fulfillment of payment obligations by the defendant and the maintenance of financial discipline. To collect penalties and accrue penalties for alimony obligations, the general statute of limitations for alimony debt is applied, corresponding to 3 years.

Is it possible to recover lost time?

If there are reasons that the court, when considering a particular case, considers valid, the period for the person to recover monetary support may be restored. To exercise this right, you must submit an application to the judge with a request to restore the missed procedural deadline for going to court.

The application should describe as fully as possible the circumstances and reasons that led to the missed deadline, and attach relevant evidence if the plaintiff has it. At the court hearing, the judge will consider this application and taking into account his inner conviction:

recognizes the reasons as valid and will restore the term;
or he will refuse it.

Arbitrage practice

In most cases, the application of the statute of limitations is used when assigning alimony obligations and determining the need to pay a penalty for existing debt in favor of the plaintiff.
Most often, the court finds itself on the side of women trying to obtain funds for the maintenance of a minor child from a man who in every possible way evades fulfilling his obligations to support the child. A negative decision can be made if the fact is established:

full fulfillment of alimony obligations by a man;
absence of delays or evasion of payments by the defendant;
lack of confirmed data on attempts by a woman to demand payment of the necessary amounts for child support on a voluntary basis.

The paperwork involves studying the circumstances of both parties.

Can I apply for child support after my child turns 18?

A different situation arises if alimony was not collected at all before the child’s 18th birthday . Despite reaching the age of majority, the mother (father) who cared for the child still has the right to receive payments. In this case, we will talk about alimony for the past period .

Alimony after 18 years is collected:

Only within a three-year period at the time of going to court according to the rule of paragraph.
2 hours 2 tbsp. 107 RF IC. For example, if the claim is filed on the child’s 18th birthday, the defendant is required to pay child support from the child’s 15th birthday; if the claim is filed on the child’s 19th birthday, alimony is paid from the 16th birthday. Thus, the final date of collection is when the child reaches the age of 21 .
Only if the plaintiff confirms the facts that he previously applied to the defendant for financial participation in the child’s life, but was refused.
Evidence for the court may include correspondence with the defendant, SMS communication or connections on social networks, testimony of witnesses, etc. If the child’s parents have resolved the issue of payments voluntarily and entered into an oral agreement, the alimony provider must retain relevant evidence of the transfer of money to the recipient’s account ( bank checks, statements). However, the best way to confirm the participation of the second parent in child custody is support agreement - an officially executed notarial document that has the legal force of a writ of execution.

The claim must be filed in a magistrate's court according to the rules of alternative jurisdiction (at the place of residence of the plaintiff or defendant, at your choice).

The court decision that has entered into legal force and the writ of execution must be transferred to the FSSP department at the location of the defendant for direct collection of funds and bringing them to the recipient.

Additional questions

Application after the expiration of the legal time for application

If an appeal to the court with a request for the assignment of alimony occurred after the expiration of the statute of limitations, the defendant may make a request to refuse the proceedings on the assignment of payments in favor of a minor or disabled relative. It must be taken into account that the injured party can restore the statute of limitations if the plaintiff can prove that information about the violation of his rights arose after the expiration of the statute of limitations or there are valid reasons that made timely application for protection of his interests impossible.

To confirm the legality of claims to restore the statute of limitations, it is necessary to provide material sources. The absence of the necessary documents confirming the existence of a valid reason for absence is considered a legal basis for refusing to satisfy the claim.

If there is an agreement between the parties certified by a notary, there is no need to collect documents confirming the existence of a good reason or to prove the status of a person in need. All requirements and provisions specified in the agreement are binding and, in accordance with the law, do not require duplication in the form of obtaining a court decision. The recipient of the payments only needs to present the document to the FSSP at any time.

Procedure in case of maintenance of arrears of alimony at the time the child turns 18 years old

When a child reaches the age of majority, it is considered a legal basis for termination of child support obligations, as specified in Article 120 of the RF IC. The bailiff is obliged to close the proceedings on the case after receiving information that the child has reached the age of 18, but if there is a debt, the proceedings continue. It will be considered completed only if obligations to the child are fully fulfilled, including payment of all debts.

In some cases, the bailiff may close the case of alimony payments even if there is a debt due to the child reaching the age of majority. Such a scenario is a violation of the law:

The rights of the child to receive the required maintenance are infringed as a result of the payer’s failure to fulfill alimony obligations.
Inaction of an official, in particular a bailiff, in the form of failure to apply the necessary enforcement measures to stimulate the defaulter to fulfill his duty.
Illegality of the bailiff's action. Closing enforcement proceedings in the presence of unfinished debt obligations is premature and illegal.

This is also important to know:
State duty on alimony

The fact of completion of enforcement proceedings in violation of the rights of the claimant can be confirmed by obtaining a resolution to close the proceedings with a precise indication of the basis for making such a decision “The child has reached the age of majority.” If there is arrears of alimony that exist after the completion of enforcement proceedings, the recipient of the funds must appeal the closure order.

Request for child support for an adult child

Such a right arises only for a parent who independently supported the child, without collecting alimony from another. An application for the assignment of child support payments is allowed even after the child turns 18 years old. The legal grounds for filing a claim are:

Appeal before the expiration of the statute of limitations corresponding to 3 years. When requesting alimony for the past period in favor of an 18-year-old child, it is necessary to take into account that payments can only be received for the period when he turned 15 years old and before reaching adulthood. The final date for going to court to establish child support obligations is when the child reaches the age of 21.
The presence of confirmed facts of an appeal to the defendant in order to provide financial assistance in supporting the child, which was ignored. Printouts of SMS correspondence, communications on social networks, and witness statements can be used as supporting documents.

If there is an oral agreement to make payments for child support on a voluntary basis, the defendant who has fulfilled his obligations must provide documents confirming the fulfillment of obligations (checks, account statements) to prevent repeated payment of alimony.

Drawing up a notarized agreement is considered a guarantee of respect for the rights and interests of both parties. The agreement itself is a document that has the legal force of a writ of execution. If you have such a document, if the payer violates its obligations, it is enough to contact the FSSP for forced collection.

The absence of an agreement requires the need to apply to the court at the plaintiff’s place of residence, and after receiving a positive decision and issuing a writ of execution, applying to the FSSP to collect funds from the defaulter.

Collection of alimony for more than 3 years

The procedure for receiving payments and their amount are determined by a court order, court decision, or established by the parties voluntarily, and then prescribed in the appropriate agreement in the presence of a notary. If there is a writ of execution, the claimant can receive from the defendant the amount for the entire period of non-payment.

Art. 113 of the Family Code of the Russian Federation indicates the need to make payments for the entire period of formation of the debt without applying a statute of limitations of 3 years in the event of failure by the payer to fulfill obligations through his own fault. Additionally, a penalty of 0.1% may be imposed on the principal amount for each late payment day.

The calculation of the amounts to be paid is made by the bailiff conducting open proceedings. After completing the calculations, they are sent to the court to obtain a decision on the imposition of a penalty.

After alimony has been assigned and no payments have been made, you must try to resolve this issue peacefully with your ex-spouse. The defendant’s reluctance to make the necessary payments requires filing a writ of execution with the FSSP in order to apply legal measures to him. The recipient is recommended to periodically check the work of the bailiff in order to have an idea of the measures taken against the defendant who evades payment of alimony.

The complexity of such cases lies in the second parent’s lack of understanding of the responsibility for supporting a minor child, which allows him to hide information about income and evade official employment. In such cases, in order to receive payment for the past period, it may be necessary to attract witnesses or provide audio or video information.

Limitation period for alimony

Procedural legislation provides for a limitation period of 3 years. Alimony obligations are no exception. Only in the absence of payments based on the presented writ of execution allows the recipient to demand recovery of funds from the defendant even after the expiration of this period. But the alimony debt is calculated from the moment the writ of execution is submitted.

Rubric “Question/Answer”

Can I demand child support from my father if I am 22 years old? In his entire life he has never paid me anything? And what will be the statute of limitations?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Alimony ends when the child reaches adulthood. If during the period until you turned 18 years old, your mother did not apply for the collection of alimony from your father, now you will no longer be able to demand payment. It’s another matter if there was an appeal, but the father did not pay. Then you have the right to demand repayment of the debt even after your 18th birthday. The basis will be a writ of execution, a court order or an agreement to pay alimony. Contact the bailiffs to calculate the amount of debt, then go to court.

My husband and I divorced and filed for alimony in 2006, and in 2012, by court decision, he was deprived of parental rights. Never paid alimony. Over the past 6 years the debt has accumulated. Is he obligated to pay it?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Deprivation of parental rights does not affect the obligation to pay alimony and release from accumulated debt (clause 2 of Article 71 of the RF IC). The father bears the same obligations towards the child. The debt will not disappear even after the child’s 18th birthday . The debtor has to pay it. We recommend that you contact the SSP with an application for calculation of alimony arrears. Bailiffs take as a basis the average salary, subsistence minimum or income of the alimony payer. Next, a lawsuit is filed in court to collect arrears of alimony. From there you will receive a writ of execution, which will need to be submitted to the SSP or to the accounting department at the debtor’s place of employment.

I applied for alimony in 2007. Only recently I found out that I had to take the writ of execution to the bailiffs at the place of residence of my ex-husband. Unfortunately, they didn’t tell me about this in court. Is this sheet valid at this time? Or do I need to file a new claim?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The courts do not send IL to the bailiffs. The recipient of alimony does this independently. If you didn’t submit the writ of execution to the SSP, it’s okay. The statute of limitations for alimony is not taken into account here. If the child is under 18 years of age, the validity period of the writ of execution continues to apply. Consequently, the debt under IL can be recovered for this period. And if the child is 18 years old, alimony is also collected for the next 3 years (up to 21 years old, inclusive). It is not necessary to bring the writ of execution to the bailiffs. The recipient can reach an agreement with the payer and collect alimony in any convenient way, for example, against receipt, by mail, directly through the accounting department at the place of work, etc.

Confused about child support deadlines? It's OK. The lawyers on our website will help you understand all the details and calculations. If you doubt the correctness of your steps, ask a lawyer - and he will answer your questions online or by phone. Limitations and deadlines are important. An incorrect assessment of the situation is fraught with the risk of not receiving alimony, delays in payments, and missing mandatory deadlines. A lawyer will clarify unclear points and you will not be mistaken in your requirements!

Watch the video about the deadlines for applying for child support:
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Author of the article

Irina Garmash

Family law consultant.

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Articles written

612

Who will act as the claimant?

Disputes on this matter also exist between courts. And their essence is the following: who exactly can become a collector of alimony debt - a child who has become an adult or, nevertheless, his legal representative, who has been bearing the costs of maintaining the minor all this time?

The powers of the former legal representative are argued by the fact that it was he who bore the costs of providing for the minor and, accordingly, it is quite legitimate if the amount underpaid by the other parent is transferred in his favor.

How long can it take to collect

If you can declare the right to receive alimony at any time while this right is valid, then it is possible to collect arrears of alimony only for a certain time.

Part 2 of Article 107 of the RF IC states that alimony is collected if there is arrears only for the last three years after filing an application with the judicial authority (sample below).

Legislation establishes that collection for past periods can be made only if the court establishes that the plaintiff has taken measures to collect the debt.

If no appeals to the court were received and no actions were taken by the plaintiff, the judicial authority has the right to refuse the claimant’s claim.

Example No. 2. The alimony payer Kramarev P.R. alimony arrears arose for the period from February 1, 2011 to October 31, 2020.

Plaintiff Kramareva O.L. filed a lawsuit on November 17, 2020, demanding the collection of debt for the last three years.

The court satisfied the claims, since the debtor did not work anywhere, evaded paying alimony for 4 years and hid his income. During this time, the plaintiff and the FSSP took all possible measures to collect, but this did not have the desired effect.

Collection of alimony through bailiffs

After the child reaches the age of majority, alimony is collected with the help of bailiffs only when there is a writ of execution (notarial or settlement agreement, as well as a court order or decision). If the parent’s obligation to support the child has not been documented, then it makes no sense to contact the bailiffs.

Often the claimant is refused even if there is a writ of execution. The bailiffs justify this by terminating the validity of the court decision or agreement on the payment of alimony.

This position is unlawful: in the letter of the FSSP of Russia No. 12/01-2961-AP dated March 13, 2009, there is an indication of the need to collect the debt before it is fully repaid. This allows the claimant to fight the inaction of the bailiffs in 2 ways.

Appeal it through higher divisions of the FSSP.
Go to court to force these officials to fulfill their duties.

The disadvantage of both options is the long implementation period.

There is an alternative option. To do this, you will have to get a calculation of the debt from the bailiff (if alimony was a share of earnings) and file a lawsuit against the defaulter.

Grounds for debt collection after reaching the age of majority

Alimony debt and alimony for the past period are two different concepts, and there are separate grounds for collection:

Alimony debt	Payments for the past period
Collected provided that alimony obligations were previously assigned by the court or by agreement	Collected if the recipient previously tried to claim money from the payer for child support, but was constantly refused
A three-year period is not established; the penalty is collected for the entire period, starting from the date of its formation	Can only be recovered for the last 3 years

The basis for debt collection is actually non-payment of money due to the fault of the payer.

Example. The couple divorced in 2012, their daughter is 12 years old. Simultaneously with the application for divorce, the woman filed a claim for alimony. Having received the IL, she provided it to the bailiff.

Until 2020, it was not possible to claim the funds, and then the claimant wrote a complaint about the inaction of the bailiff, because he did not take the necessary measures to collect. At that time, the amount of debt together with the penalty was 1,500,000 rubles. The payer owns an apartment of equivalent value.

The ex-wife filed a lawsuit to renew the terminated individual entrepreneur. By decision of the court, the bailiffs must seize the property of the alimony obligee to pay off the debt, since it is equal to the value of the property. There are also grounds for prosecution for malicious non-payment, but this is within the competence of FSSP employees.

Debt collection period

There are differences when determining the period for collection:

Collection of the principal debt and the penalty for it are paid for the entire period if the woman received IL or entered into an alimony agreement with the payer, but he did not comply with the requirements.
In the absence of documents on collection, it will be possible to claim money only for a three-year period. For example, if a child turned 20 years old in 2018, funds are collected only for 2015 and part of 2020 until he reaches adulthood.

Important! If alimony has not been previously assigned, it will not be possible to recover a penalty from them.

What it is

The statute of limitations is a certain period of time allocated by law to protect rights and interests. After the expiration of the allotted period, it will be impossible to declare a violation of rights.

Statutes of limitations apply only to court cases concerning the protection of property rights. The statute of limitations does not apply to family legal relations.

This means that a person entitled to alimony can claim this at any time before the end of such right (sample below).

As a general rule, alimony must be paid by one of the parents who left the family for the maintenance of minor children.

Until the child reaches 18 years of age, parents are obliged to provide him with financial support in the form of alimony.

Example No. 1. Kukushkina M.V. has been divorced since 2011 and has a minor daughter aged 6. The child's mother can apply for child support at any time, until her daughter reaches the age of 18.

Thus, unlike property disputes, you can declare your right to alimony at any time until the child turns 18 years old. This possibility is regulated by Article 107 of the RF IC.