⭐ Overpayment of alimony: how to return overpaid alimony, is it possible to recover the listed alimony, what does Article 116 “Inadmissibility of offset and reverse collection” say?

What is alimony

Situations are not excluded when the amount of alimony payments may be overpaid. This happens for various reasons, for example due to a counting error.

Alimony is a payment intended to support a family member, usually for minor children. The law sets a fixed amount. Collection of payments occurs forcibly on the basis of a court decision. The amount of benefits can be a percentage of wages or set as a fixed amount.

The right to assign a specific amount is based on a court decision or verdict. As a general rule, such payments are assigned to a parent who is not in an employment relationship and cannot automatically transfer payments to the account of the alimony recipient. In any case, a parent is obliged to help his minor child.

Situations when the court decides to assign a fixed amount of payments:

alimony payer and has a disability;
has a complex physical injury;
already pays alimony to other family members;
other children appeared from the new marriage.

It is these conditions that can serve as the basis for establishing payments in a fixed amount.

If the payment is a certain percentage, part of the earnings is withheld from the salary in favor of the child.

The legislation provides for the following payment percentages:

If the child is the only one, he is entitled to 25% of the parent’s total net earnings;
If a parent has two minor children, he must transfer 33% of net earnings to them;
If there are three or more children, 50% of earnings are charged.

The total number of children, even if they are born from different women, is added up.

If there are arrears in alimony payments, a maximum of 70% can be deducted from wages.

Let's sum it up

It is difficult to prove the fact that the woman deliberately misled the plaintiff and used the alimony he transferred to benefit herself and her child. However, the man has a chance to get help from the court. In such life circumstances, it is recommended to seek help from a professional lawyer - a specialist will help to competently and clearly substantiate the claims, which increases the chances of a successful outcome of the case in court.

Sources

https://pravovoiexpert.ru/alimenty/vozvrat-alimentov-pri-osparivanii-otcovstva/
https://law-divorce.ru/vozvrat-alimentov-pri-osparivanii-ottsovstva/
https://posobie.online/alimenty/osushhestvlenie-vozvratf-alimentov-posle-osparivaniya-ottsovstva.html
https://ros-nasledstvo.ru/vozvrat-alimentov-pri-osparivanii-ottsovstva/
https://glavny-yurist.ru/vozvrat-alimentov-pri-osparivanii-otcovstva.html
https://AlimentOff.ru/alimenty/vozvrat-alimentov-pri-osparivanii-ottsovstva
https://familegal.ru/alimenty/vozvrat-alimentov-pri-osparivanii-otcovstva/
https://allo-urist.com/vozvrat-alimentov-pri-osparivanii-ottsovstva/
https://SocPrav.ru/vozvrat-alimentov

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The legislative framework

The following provisions establish the refund procedure:

Article 116 of the Family Code of the Russian Federation regulates the procedure for payment or return of alimony payments;
Articles 1108 and 1109 of the Civil Code of the Russian Federation indicate the reasons for claiming the amount already paid;
Article 303 of the Criminal Code of the Russian Federation provides for criminal liability for providing irrelevant information.

To better understand how the court system works, interested parties should familiarize themselves with the Code of Civil Procedure.

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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Reasons for overpayment of alimony

Let's look at the reasons why alimony payments are overpaid. To understand why this happened, you need to contact the system for transferring alimony payments with the appropriate message.

The reasons for the formation of overpayments for alimony may be the following:

unfair manipulations and violation of the law on the part of the recipient of alimony payments;
a technical error by the responsible person in the organization’s accounting department, who managed to write off too much money;
a mechanical error that occurred at the time of transfer of payments in favor of the child;
the alimony recipient does not promptly notify the court of changes in conditions;
unlawful actions on the part of employees of the organization or other interested parties, for example, bailiffs.

In the above situations, the ex-spouse has the right to file a claim for consideration by a judicial panel, with demands to review the amount of payments. It is not always possible to recover overpayments of alimony. You need to be very careful and track every money transfer.

During the trial, you can review the documentation and track whether a technical or mechanical error was made, or whether the employee was simply deceived. The payment may be invalid due to a court decision.

How to get back overpaid alimony

If an excessive amount is transferred by mistake due to the fault of the organization’s accounting service, you need to file a complaint with management. In this situation, the legal entity compensates for all losses incurred. In other circumstances, in order to return overpaid money, you must obtain the consent of the person receiving alimony payments. Then the funds can also be returned without much difficulty. Otherwise, a trial will be required.

The laws of the Russian Federation, which consider issues of how to return overpayments of alimony, protect the position of children in all ambiguous cases, and the payer can receive a positive decision only when his demand is clearly outlined by law.

The court may take the plaintiff’s side in the following situations:

The recipient submitted incorrect information or falsified documents to the court, which served as the basis for an incorrect decision, which was later revised.
The notarial consent to payment is invalid, as it was signed under pressure or upon receipt of false information.
The plaintiff forged a court decision in his favor, which was confirmed by other proceedings.

The basis for a refund is also the establishment of the fact of an incorrect calculation of the amount of payment. There are no other circumstances under which it is possible to achieve the return of overly allocated money. But if the money is transferred to an account belonging to the child, then nothing will be returned.

Based on the above, ways to compensate for unjustified losses to the alimony payer will be determined. If the organization where the person who pays alimony is employed is at fault, then you need to contact management. If the reason is that the receiving party did not submit information on time that certain factors have changed, then a request is drawn up. If consensus cannot be reached, legal action will be required.

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

How to offset overpayment of alimony

To more clearly understand how the return of overpaid alimony occurs, we should consider the situation using a specific example. According to the requirements of the RF IC, you can appeal to the World Court when the alimony payer has overpaid an amount of less than 50 thousand rubles. If the amount of the overpayment is significantly more than 50 thousand rubles, the parent has the right to appeal to a court of general jurisdiction. To do this, he needs to collect a complete package of documents.

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If the ex-spouses have friendly relations, they can directly talk to each other to resolve everything peacefully. Overpayments may be counted toward future payments. They need to draw up an act, which they then submit to the bailiffs for consideration and giving it legal force, then alimony will be counted against future payments.

This is also important to know:
Refund of alimony after challenging paternity: how and when this can be done

In order for overpayment of alimony to count towards future payments, both parties must sign an agreement or issue a written statement. It is important that funds already received cannot be withheld; this is stated in Article 116 of the RF IC. But there are certain conditions under which you can return overpaid financial assistance.

Exceptions include:

Based on a court decision, a previously accepted agreement is canceled, for example, if the parents submitted forged documents or false information about the children;
The agreement is also canceled if strong evidence is provided that its signing was under the influence of certain pressure from the recipient of alimony payments;
Committing a criminal offense.

If one of the parties presents as evidence arguments that the documentation was not correctly interpreted, the court will not decide to return the overpayment.

In what situation can the alimony obligee return the funds?

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.

He can use the rest of the income for his intended purpose. In this regard, the regulatory framework requires steps to correct the situation where excess funds were withheld. If you meet a number of mandatory requirements, you can return them.

Overpayment of alimony, what to do in this situation is a special section of family and civil law. At the same time, the RF IC contains a provision that all child support sent to the recipient is not subject to return. But there are exception articles. In order to restore justice, it is worth studying them carefully:

A court decision can be canceled if, when announcing it, unreliable data or falsified grounds that were received from the plaintiff were taken into account. This fact is interpreted as the mother’s deliberate desire to receive child support through the court from a man who is not the biological father, but does not know about it, considering himself a parent.
If it is proven that consent to voluntary payment of alimony was obtained against the will or through blackmail.
Intentional falsification of the basis document, be it a notarized consent or a writ of execution formed on the basis of a court decision.

If the reason for overpayment of alimony was an incorrect verdict of the court, which made its decision with an unqualified interpretation of the law, then it is impossible to return the excess amount; even a counterclaim will not help.

The key principle of jurisprudence is that the material and property rights of children should not be harmed, that is, what they have already received cannot be taken away under any circumstances.

Attention! The person whose actions led to the error is responsible for the amount transferred in excess. In this regard, the perpetrator must compensate the alimony payer for his loss.

Refund conditions

How to return excessively transferred alimony? Depending on the reasons for which alimony payments were overpaid, the court decides to return or refuse to satisfy the claims. Not every overpaid amount for the maintenance of a minor child can be returned.

If the overpayment occurred due to an error on the part of the employer, the employee has the right to write a statement addressed to the manager with a request to recalculate and return the excess. The organization is legally obliged to return the money. The company's expenses will be deducted from the earnings of the employee who made the mistake. There is nothing to blame the former spouses for; they had nothing to do with the mistake made.

If there was an overpayment of alimony due to the fault of the parents of a minor child, by providing knowingly false information, you can return the overpayment of alimony in the following ways:

The one who made the overpayment must send a request in writing to the court authorities in the event that the recipient of alimony does not admit his guilt and does not make a claim;
If claims are made by the alimony recipient, the former spouse must write a statement to the court authorities.

Government agencies will refund the amount if the overpayment was caused by software. When the overpayment was made through the fault of the responsible bailiff, the alimony payer must apply to the court with a written application for the return of funds. Next, the bailiff returns the required amount of overpayment from the actual wages.

Application to the employer

The accounting employee responsible for transferring alimony who made such a mistake returns the overpayment amount from his own earnings. To do this, the alimony payer must submit a written application to the head of the organization. It must describe the current situation and state that the overpayment arose through the fault of the accountant.

This is not the recipient’s fault, so collecting the overpaid amount from him would be contrary to the law. Any losses incurred are compensated by the company employee.

Deadlines and step-by-step instructions

One of the most common cases of termination of payments and return of child support is false paternity. The situation is not very pretty: the ex-husband regularly paid alimony, but found out that he is not the real father of the child.

To resolve this situation and challenge the fact of paternity, you cannot do without the help of the court. In this case, the plaintiff must provide evidence of his case in the form of DNA testing results and other documents that refute the possibility of paternity. Also, one should not remain silent about various threats (if any) and other facts about misrepresentation.

As a result, if the case is won, the plaintiff is excluded from the birth certificate and is also released from all responsibilities towards the child. But since even in this situation the court will be loyal to the child’s guardian, the decision regarding alimony may not always satisfy the plaintiff:

Release from alimony will occur only after the court makes a final decision.
If at the moment the plaintiff has arrears in alimony, the court will not cancel it, but obliges the plaintiff to pay it off in full.
The return of previously paid funds will be quite problematic for the plaintiff. This will be achieved only when he manages to prove that the child’s mother completely deliberately misled the court when alimony was assigned.

And according to statistics, when challenging paternity, it is rarely possible to achieve the return of alimony - unfortunately, it is extremely difficult to prove the malicious intent of a mother acting solely for the benefit of the child. And bringing a single mother, who is left without part of the means of support after challenging paternity, to civil or even criminal liability for the court will be somewhat contradictory. After all, this goes against the interests of the child.

Watch a video about challenging paternity

How to return overpayments?

Note! It also happens that for some reason the alimony pays more money than he is entitled to. This happens quite often with alimony, but it is still possible to get the extra money back.

Returns are accepted for the following reasons:

If the error was due to the fault of the accounting department on the side of the enterprise paying wages to the alimony payer.
If the company was not timely notified of changes in alimony payments. That is, for example, a child reached the age of majority, and alimony was canceled or reduced, but the company unknowingly continued to calculate it from the salary.
In case of unintentional mechanical errors in calculating charges.
In case of deliberate actions on the part of officials.

What is the best course of action to return what was over-listed? To begin with, you should take a peaceful route, and not run headlong into court. It is necessary to clarify with the accountant the reason for this overpayment. It is quite possible that this error occurred accidentally due to the fault of a person or equipment, which means that the error will not be repeated in the future.

But if there were no errors on the part of the enterprise, it means that the incorrect amount was written directly in the writ of execution. And if this document is not reissued with the help of an assistant judge, then the erroneous accrual will continue.

If, however, the error occurred due to the fault of the accounting department, then the refund should come from the organization’s account, which should be returned to the employee (the organization’s losses are covered by the culprit). It is necessary to submit an application to the organization. The guilty person must admit his mistake, and the funds must be compensated.

If the organization’s accounting department does not admit its guilt, then it is definitely impossible to avoid legal proceedings (due to underpayment of wages), or at least the threat of going to court. Most likely, after a couple of threats, the company will meet you halfway.

If the overpayment occurred due to the fault of the alimony recipient, who did not report a change in the terms of payments in time, then the funds can also be returned through the court. But the case does not need to go to court if the recipient admits his guilt and agrees to return the overpayment.

Procedure

When it comes to court proceedings, you need to decide which court to file the claim in.

Reference . If the amount of the refunded amount does not exceed fifty thousand rubles, then the refund can be made with the help of the magistrate's court.

Otherwise, when the amount exceeds fifty thousand, then you need to resort to a general court.

In general , when returning you will have to go through the following steps:

Collect evidence that you are right. Depending on the situation, these may be documents from the accounting department confirming an error, evidence of lack of paternity, confirmation of deception of the court, or colluding with the recipient of alimony.
Submit a statement of claim with the collected documents to the court.
Request the court to order an examination (if necessary, for example, for paternity, if it has not been completed previously).
After the meeting, receive a court decision and a writ of execution.
Send the writ of execution to the FSSP authorities at the defendant’s place of residence, providing personal account information for a refund.

After all the steps, the bailiffs will begin to collect the refunded amount and credit it to the applicant’s specified bank account. In this case, the plaintiff should provide maximum assistance to the bailiff, providing information that will help collect the required amount: place of work, property, etc. And this will be the end of the return of alimony.

Procedure for returning alimony payments

The property of a minor child and the funds transferred to him are inviolable. Therefore, by court decision, funds are collected from the father, mother or guardian of the minor child.

What procedure should a parent who wants to return his own funds take?

In the event that an error was made by an accounting employee, the alimony payer must provide the court with an accounting certificate of calculations and payments, drawn up through a special computer program;
Providing evidence for the court will be required in case of deliberate deception and concealment of certain information;
If a sample statement of claim is required, it can be taken from the court;
When the case is considered, the court decision is delivered by mail to the address of the alimony payer;
The writ of execution is transferred to the bailiff department, then a certain decision is made.

This is also important to know:
The maximum amount of alimony in percentage and in a fixed amount

To return the overpaid amount, you must act in accordance with established legal requirements. It would be a good idea to consult with a legal advisor. In this case, it will not be possible for other persons to refute the information.

Refund of overpaid alimony

Excessive withholding of alimony may occur due to:

erroneous accrual by employees of the accounting department of the organization in which the payer is employed and which deducts from his wages;
untimely notification of the enterprise about changes that affect the amount of payments or even the need for their transfers (for example, if the child recipient has reached 18 years of age);
a mechanical error made during the process of registering charges;
intentional actions of certain officials.

To return such extra transfers, you need to contact the management of the company or go to court if you cannot reach an agreement with the management of the company.

Reimbursement of overpayment amount

There are several ways to get back the overpaid amount of money. It all depends on the reasons for a particular situation.

Claims should be made against the organization if the overpayment was due to the fault of the employer. The overpaid amount will be returned to the employee’s account, and the losses incurred by the organization will be deducted from the salary of the offending employee. The recipient of the payment and the payer themselves are not guilty in this situation, so it will not be possible to withhold the required amount from them even in court.

If the recipient of financial assistance is guilty of deliberately concealing changed circumstances, it is possible to organize a refund of alimony in the following ways:

Draw up and send a request (in the event that the spouse who received the payment does not make any claims and does not deny her guilt);
Submit a statement of claim to the court (if the spouse does not want to reach an agreement peacefully).

In addition to such situations, a software failure or errors in payment documents may occur.

If the overpayment occurred due to the fault of the bailiff, for example, he missed the acceptable deadline for filing a writ of execution, the costs are deducted from the earnings of the guilty employee.

List of required documents

In order for all court conditions to be met, the payer must have with him a package of documents and a statement of claim. Each case is individual, so you can find out exactly what needs to be provided as evidence by consulting a legally savvy specialist.

There are general requirements for documents that must be attached:

Original and photocopy of the plaintiff's identity card;
Papers proving the reasonableness of the requirements;
Certificate from the accounting department and salary statement;
A written instruction from the employer;
A properly completed claim stating that the amount was unlawfully withheld.

The package of documents must be signed and submitted to the court personally by the plaintiff. According to the act for overpayment of alimony payments, the alimony payer independently submits his claims.

Providing knowingly false information or falsifying documents may result in a criminal case. Then the analysis of the situation will last a long time, since one of the parties will be considered a suspect.

Filing a claim

The claim must be submitted only in writing (clause 1 of Article 131 of the Code of Civil Procedure). It must contain the following information:

full name of the court where the claim is filed;
plaintiff’s details: full name, address, telephone numbers and other contacts;
Full name and address details of the defendant;
demands to the court, with a precise statement of the violated rights of the plaintiff;
evidence relied upon by the plaintiff;
calculation of the amount to be returned;
data on attempts to solve this problem before the court;
list of attached documents;
date of writing and signature.

The following documents must be submitted along with the claim:

salary statement from the accounting department of the work organization;
payment order from the work organization;
applicant's passport;
paternity examination (if necessary);
justification for falsifying documents;
other evidence of correctness.

Depending on the situation, the defendant may be either the child’s guardian or the organization whose mistakes (most likely unintentional) resulted in the overpayment of child support.

Important! If the mistake was made at the level of the writ of execution, then the bailiff will act as the defendant.

The motive for the appeal should be formulated clearly regarding the restoration of the violated rights of the plaintiff, and on the basis of the collected evidence. To ensure that the plaintiff’s statements are not regarded as groundless, each statement should be supported by collected evidence - certificates, statements, payment documents, etc.

And in order to prove that there was a pre-trial attempt to resolve this issue, you should contact the defendant officially, send notifications by registered mail.

From the special publications of our experts on the topic of exemption from alimony, you can also learn about the various nuances of this procedure:

Can a recipient refuse child benefits?
What legal ways can you avoid paying alimony, and how can you file a claim to have it cancelled?
When is child support released from child support when a child is abandoned?

Where should I apply?

According to Article 23 of the Code of Civil Procedure of the Russian Federation, such a claim must be addressed to the magistrate and specifically at the place of residence . If, as mentioned earlier, the case involves large sums (more than 50,000 rubles), then the claim will be forwarded to the district court.

Statement of claim to court

If there is a need to go to court, the alimony payer should consult with a lawyer. He will help you competently draw up a statement of claim and tell you what documents should be prepared and attached to the statement of claims.

You can submit an application to the magistrate’s court at the plaintiff’s place of residence if the amount of the overpayment is less than 50,000 rubles. An application should be submitted to a court of general jurisdiction if the amount of overpayment is more than 50,000 rubles.

The procedure for considering a claim is as follows:

A claim must be filed;
The judge considers the citizen's appeal;
The decision is made at a court hearing;
A writ of execution is issued after a court decision has been made and the demands are recognized as legitimate;
after execution, the writ of execution is transferred to the federal bailiff service;
If the plaintiff has expressed a desire to offset alimony against future payments, the court satisfies his request.

This is also important to know:
Alimony with individual entrepreneurs: initiation of enforcement proceedings, calculation of payments

There are cases when during the trial it is established that false documents were provided. In this case, a criminal case is initiated in this court proceeding.

Possible delays

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If it is revealed that the court was deliberately misled, the proceedings will last several months, and it is likely that one of the parties that provided false information will be prosecuted.

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It is also possible to delay the payment of overpaid funds, or a reduced amount of overpayment.

Often, the spouse files a statement of claim with a request to revise the amount of the alimony payment. The ex-wife has the right to file a counterclaim and appeal the court decision. Even if it is not satisfied, the date from which the amount will begin to be collected depends on the moment from which the court decision comes into force. Until this point, alimony payments are deducted in the same amount. Excessively paid alimony is not returned if the situation does not fall under the three reasons already mentioned above, in the presence of which a refund is made.

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.

Refund of alimony when paternity is contested

How to return overpaid alimony and is it possible to do this? When establishing the fact of paternity, the procedure is not much different from the above.

You need to do the following:

Draw up and submit a statement of claim that the fact of paternity is disputed, and already paid alimony must be returned;
When the other party does not agree with this, DNA testing is carried out forcibly not on the basis of a court decision. All costs are paid by the plaintiff;
Then everything happens in the order described above.

Statement of claim for the return of alimony when challenging paternity

The statement of claim may contain information about the cancellation of alimony payments, but this does not mean that their payment will no longer be required in the future.

If there is evidence that the biological father is another person, you should proceed as follows:

Submit to the court a statement of claim that paternity is being disputed and a petition to cancel alimony payments;
A verdict is passed without trial if the defendant agrees with the demands presented and the minor child is not related to one of the parents;
If the opposing party does not agree with the requirements, the court orders a DNA examination. which the plaintiff must pay. And if the fact of paternity is confirmed, financial worries fall on the shoulders of the defendant;
The process of returning alimony payments is started.

From whom is child support collected?

When parents divorce and child support is collected, the father’s statement “I will not pay child support because this is not my child” will remain unnoticed by the court.
Proof of the origin of children is the birth certificate, where information about the parents is entered during registration. The court, having a birth certificate, is guided by the information about the parents indicated in it. They are awarded alimony. If there is sufficient evidence, a decision will be made to collect alimony from the defendant, who is recorded as the father, since he is the father by law. Article 52 of the RF IC gives citizens the right to challenge their paternity and maternity. If paternity is established on the basis of paragraph 2 of Article 51 of the RF IC on a joint application of the parents and the father knew that he was not the biological father, no court will cancel his paternity. DNA testing will confirm the person’s statement “This is not my son!” only at the household level. According to the law, you will have to bear full responsibility for providing for the child, at least in the form of alimony.

Arbitrage practice

Let’s figure out how to return overpaid alimony; to do this, we’ll look at judicial practice and the procedure for how alimony is offset.

The main problem when paying alimony is spending it. The alimony recipient can make a return of payments received intended for the maintenance of a common minor child. If there was an oral agreement between the parents, it is almost impossible to prove anything.

If the overpayment mistake was made in the accounting department of the enterprise, it will be much easier to understand the situation. For example, employee salary statements and other supporting documents (notarized agreement, court decision). The person who was at fault compensates the overpaid amount from his own earnings. A similar situation occurs if the overpayment occurred due to the fault of the bailiff. He will also have to pay the overpayment out of his own pocket. The spouse, in such cases, does not compensate anything towards the alimony payer.

Legally literate people advise resolving emerging issues peacefully. Otherwise, such proceedings may be deliberately delayed. For example, the plaintiff demands to cancel the payment of alimony or consider reducing its amount. The defendant deliberately files a lawsuit to challenge this so that a new hearing is scheduled for the case. Until a court decision is made, the spouse is obliged to pay child support in the established amount.

This is also important to know:
Application for a court order for alimony: sample document and procedure for obtaining it

The overpayment is reimbursed either by the recipient of the payment or by the person through whose fault the error occurred. It will be problematic to collect money from the spouse, since she may spend it on child support.

The court has no right to encroach on the property of a minor. And if those responsible for the overpayment are officials, they will reimburse the parent the required amount from their personal wages.

Cancellation of alimony

The process of challenging paternity is directly related to the cancellation of child support obligations.

If during the trial the plaintiff, using a DNA test or other research, was able to prove that he is not related by blood to the child, then the collection of funds in favor of this child is terminated.

The plaintiff, who has denied his relationship with the minor, must file another statement of claim with the district court - this time to carry out the procedure for canceling alimony.

Only after the relevant court decision comes into force will all transfers for child support be cancelled.

To do this, you need to transfer the court decision to the bailiff service.

If the court has confirmed the absence of consanguinity between the father and the child, then problems with the abolition of alimony usually do not arise.

However, a failed father should be prepared for a couple of nuances:

The court will oblige the plaintiff to continue paying alimony if it is proven that the man knew that he was not the child’s natural father and gave voluntary consent to enter his data in the “father” column.
If the plaintiff's paternity is disputed, but the child's biological father has not been found, the court will not be able to leave the minor without support. This means that the responsibility to financially support the child will once again fall on the shoulders of the stepfather.
The father will have to fulfill this obligation until the child comes of age or until the real father is found. Exemption from payments will also occur when a boy or girl is adopted by another man.

IMPORTANT! Payment of funds for child support ceases strictly from the moment the court decision comes into force.

If before this, the plaintiff had accumulated alimony debts to his “former” son or daughter, he is obliged to pay them off, since at that moment he was legally considered the father of a minor.

Additional questions

For what period can an overpayment be recovered?

Within three years, after making an overpayment, you can file a claim for reimbursement of the difference. You can only refund the overpayment for this period.

Who should compensate

Refunds of overpaid amounts should be carried out in such a way that the interests of minor children are not infringed. Payment of compensation cannot be made from the child’s savings.

The person through whose fault the error occurred is obligated to make compensation. If this is an enterprise, then the return is made by the employee responsible for carrying out this operation. If this is a bailiff who did not provide the necessary documents within the prescribed period, then he will be punished for this in rubles. This is true for the recipient parent as well.

How to offset an overpayment against future payments

Based on the writ of execution, which is submitted to the bailiffs, the parent has the right to make a written request that the overpayment be counted against future payments. The same can be done at the enterprise where the alimony payer works. Only in this case will the overpayment be counted.

Is it possible to return child support if the child is 18 years old?

You can get your child support back. At the legal level, the statute of limitations is 3 years.

Is it possible to return alimony in the event of the death of a spouse if alimony was for her?

Compensation is paid by the person at fault. It is impossible to recover from the wife, since this side of the defendant is simply absent.

Is it possible to deduct alimony from personal income tax when purchasing real estate?

Alimony payments can be deducted from property taxes. This happens because payments are calculated in the amount of earnings after the tax deduction has already been made. If the funds are returned, the amount of income increases. Collection occurs from the property deduction that the alimony payer received.

Reasons for overpayment

It is necessary to take certain steps to return lost funds after studying the situation. First, it’s worth finding out the reason for the overpayment:

Providing false information by a guardian or parent receiving funds to support the child.
An error made by the accounting department of the enterprise where the alimony worker works.
Incorrectly completed application for deduction of part of salary in favor of alimony payments.
Providing forged documentation (agreement, court order, writ of execution).
Late provision of information by the person receiving alimony, for example, the ex-wife got married or the dependent was emancipated (recognized as capable) before the age of 18.

Having found out the reason for overpayment of alimony, you can begin to act within the law. If an official at the enterprise is at fault, then a claim for compensation for damages will suffice. If there is evidence of the recipient's guilt, a claim must be filed in court.

Let's sum it up

Alimony paid in excess of the established amounts - what to do, how to return it and where should I address this issue? The Family Code of the Russian Federation states that it is generally impossible to return children's money. The property of minors is inviolable. And collecting the overpaid amount is not in the interests of the common child. In the event that the overpayment occurred due to the fault of a responsible employee of the organization where the alimony payer works or due to the fault of a bailiff who did not provide the enterprise with a writ of execution within the prescribed period, a refund of the overpayment is possible. It is necessary to write an application addressed to the head of the organization, or file a claim in court. It depends on the specific case.

The statute of limitations for such cases is three years. Therefore, it is possible to refund the overpayment only for a period of three years and no more. If, as a result of judicial proceedings and inspections, the fact of falsification of documents or provision of false information is established, the likelihood of initiating a criminal case is very high.

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Reasons for return

The issue of return of alimony interests many fathers in our country. Most often, this situation arises when it turns out that the father of the child is another man. Although this is not the only reason.

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.

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 the following circumstances:

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.