How to cancel a court order for alimony?

If former spouses who have a common child are unable to agree on its maintenance, the controversial issue is resolved in court. Currently, the law allows two ways of conducting the process in court: through a lawsuit and by order. The second method is much more profitable compared to lawsuit proceedings, as it is simple and efficient.

Therefore, this option is more preferable. To do this, you should write an application to the court to issue an order to collect alimony payments, and after 5 days the court will issue the corresponding document.

The legal significance of the order is essentially equal to a writ of execution. Therefore, its provisions must be implemented without delay. At the same time, this type of production has its own “undercurrents”. Thus, the law provides for various cases where the process cannot be used.

In addition, drawing up and submitting an application is accompanied by a number of subtleties that should be studied before starting the process. One of them includes the possibility of filing an objection to a court order for the collection of alimony; a sample is given in the article.

Is it possible to cancel a court order?

It is most convenient to consider the answer to this question in the form of an example.

The woman filed a corresponding application with the court. The court is given only five days to issue the order. Such a short period is explained by the fact that neither the applicant nor the defendant is called to consider the case, and the court makes its decision independently. It is issued in the form of an order, which is sent to both parties.

The alimony payer who received the document has the right to raise his objections to it. The law provides ten days for this action. If he files an objection to the relevant court order for the collection of alimony within the period provided by law, the document is subject to cancellation.

Important! Such an action is possible only upon filing an application for a court order. In legal proceedings with a claim to overturn a court decision, you will have to draw up a corresponding claim (or appeal).

In addition, payments that have already been paid on the basis of a writ of execution, a court order, or even an agreement voluntarily drawn up by a notary between the parties can be challenged in the same way.

Required documents for application

Judicial practice, based on the number of orders that have been annulled, shows that the success of a case mainly depends on how well the person prepares for the case. So, if a good evidence base is selected, a positive outcome can be counted on with a high probability.

Documents that need to be collected to cancel a child support order:

1. Copy of the passport.
2. A copy of the application.
3. The envelope in which the court order arrived.
4. Documents that prove insolvency. a copy of the court decision to cancel the fact of paternity.
5. Loan agreement.

How to revoke a court order for alimony payments

Canceling an order is very simple. To do this, the person obligated for alimony must take into account the following points.

1. Meet the ten-day deadline provided by law.
2. Prepare an application and send it to the court.
3. In addition, you can contact the bailiffs with a request to terminate the enforcement proceedings based on the cancellation of the order.

The alimony payer also has the right to revoke the order. Moreover, unlike the alimony payer, he has the right to do this at any time when he considers it necessary. To do this, he just needs to contact the bailiffs with a corresponding statement. But this statement does not deprive him of the right to apply this document again in order to again receive payments from the defendant.

Grounds for objection

To substantiate your disagreement with the establishment of alimony obligations, their stated amount or payment procedure, an indication of significant circumstances and documentary evidence of their existence is required. Such conditions include:

• the difficult financial situation of the defendant: if the debtor is unable to pay the established amount of alimony, their amount should be revised, because this is in the interests of each of the parties, since otherwise the recipient risks being left without payments at all;
• improper performance of their duties by the stepmother and stepfather: if they raised their stepdaughters or stepsons for less than 5 years, then the latter can challenge their obligations to support the stepmother and/or stepfather through the court;
• the onset of incapacity for work by the second spouse due to the abuse of alcoholic beverages, narcotic substances, the commission of an intentional crime, as well as the short duration of the marriage (up to five years - depending on the circumstances of its dissolution and the age of the former spouses);
• unworthy behavior in the family of a spouse applying for alimony;
• the presence of minor children in the debtor’s new family.

The first and last points can be used to justify an objection to alimony in a fixed monetary amount or a share of income. With their help, you can also demand a reduction in payments or a refusal to increase them. The second, third and fourth circumstances are also excellent for the court to reject alimony obligations.

Application for cancellation of an order for the collection of alimony (sample)

There is no specific form prescribed by law for applying for a court order. But there are general standards for this type of paper that the applicant must adhere to. In accordance with them, the application must contain information such as:

• name of the judicial authority and name of the judge;
• information about the applicant (his name, as well as his place of residence);
• the title of the document, which is written in the middle;
• a descriptive part, which indicates a reference to the order, as well as the reasons for its cancellation (such as, for example, challenging the amount of alimony);
• corresponding request;
• date and signature.

The signature is affixed personally by the applicant who objects to the issued court document. This can also be done by his representative, but only if this action is authorized by a power of attorney certified by a notary.

Important! Submitting such a document is a responsible step that must be carried out without error. Therefore, if in doubt, it is better to seek professional help from lawyers specializing in these issues.

You can find out how to write an objection to a claim for alimony, a sample of which is provided below.

Unlike this document, the objection to the statement of claim to reduce the amount of alimony, a sample of which see below, is drawn up differently.

A sample statement of claim to cancel a court order for alimony can be downloaded here

Is it possible to cancel a court order?

Cancellation of a court order (JW) is regulated by the current legislation of the Russian Federation. The regulations governing this process include:

• Civil Procedure Code of the Russian Federation;
• Federal Law “On Enforcement Proceedings”.

The Family Code of the Russian Federation is devoted to issues in the field of kinship and family relations.

A court order obliges the alimony obligee to begin paying alimony. But there are situations when the payer has the right to challenge the executive document. The objection procedure is carried out in strict accordance with regulatory rules and requires compliance with established deadlines. Such cases are considered by the court.

If the parental obligation to provide financial support for the child is determined in the event of satisfaction of the claims, cancellation is possible in a similar manner. The same rule applies when alimony is being paid.

The consequences of canceling a writ of execution include:

• additional time for the payer;
• the ability of the claimant to go to court to file a corresponding claim;
• review of the amount of financial support at the request of the debtor.

Debt obligations cannot be written off if the judge’s order is cancelled.

Deadlines to cancel an order

The alimony payer has ten days to file an objection. Moreover, cancellation will follow regardless of what reasons, in the applicant’s opinion, are the basis for cancellation. In any case, this indicates a conflict between the alimony payer and the recipient of payments.

And in such circumstances, the case cannot be decided within the framework of summary proceedings provided for the issuance of an order. Therefore, it is subject to consideration by the court in the form of a claim.

Deadline missed: what to do?

Situations in which alimony payers do not have time to file objections to a court order occur quite often. The reason for the delay can be either completely valid (departure, illness) or insignificant (late sending of a letter). In order to have documentary evidence that the objection was sent to the court within the time period specified by law, you must either save the postal receipt or (when transferring the document through the office) ask the clerk to put the appropriate mark on the copy of the document.

The decision to extend the period for filing objections is made by the court only if there are sufficient grounds for it. Judicial practice contains both positive and negative rulings on this issue.

Example 1. The alimony payer L.D. Nekrasov received a court order by mail, but the next day he was urgently hospitalized. Since the reason for missing the deadline for filing an objection is quite valid (illness), and its presence is confirmed by a document (sick leave), the deadline for filing a reasoned objection will be extended. After recovery, Krasnov L.D. must first submit an application to restore the missed deadline for filing objections, and then draw up an objection to the alimony order itself.

Example 2. Citizen A. S. Teplov received a court order for alimony at his post office. He signed the postal notification of delivery, but due to being busy, he did not have time to draw up an objection within the 10-day period. The document was sent to the judge only 2 weeks after receiving the alimony order. Since there are no valid reasons for such an action, the objection will not be accepted.

How is the 10-day period for filing an objection calculated?

Initially, when an order is issued, the exact date on which it will enter into force is not announced. The reason for this is that the period for filing an objection granted to the payer begins to expire only from the moment the order is delivered to him. Moreover, he must sign about this fact.

But from the moment of delivery of the order exactly ten days are calculated. Objections filed during this period are mandatory to cancel it.

If no objections are received from the defendant, then the document can be submitted to the bailiff service.

Attention! The collection of alimony begins from the time of the opening of enforcement proceedings in this case. In addition to alimony, the payer will have to pay a state fee for the consideration of the relevant application for the issuance of an order by the court.

Sample objection to alimony appeal

The filing of an objection to an appeal is drawn up according to the same principle as the previous sample documents.

But the difference is that you will have to rely on a larger number of documents that you should have on hand:

1. The court's decision on the original claim.
2. The appeal filed against this decision.

The objection should indicate information about these two documents, number, date of signing, filing/

And:

1. What arguments specified in the objection are considered, in your opinion, incorrect, incorrect, for what reasons?
2. What evidence is there?
3. Requirements. As a rule, the court's decision is asked to remain unchanged, and the appeal is not satisfied.

The documents that you submit with an objection should be listed in a list.

At the end of the objection, the date and signature of the citizen who applied is placed.

Skipping the period to object

A ten-day period is a short period of time to appeal to a judicial authority with an objection to a statement of claim for the collection of alimony in a fixed amount or to the corresponding court order. Therefore, defendants often skip this period in life. Depending on the circumstances, the period may be extended. The court considers this issue in each case separately.

The most common situations where the defendant misses the period established by law include the following.

1. The payer of alimony payments received the document and signed it. He took no action in this regard, but decided to object after ten days. Then the period provided for by law cannot be extended, since there is no valid reason for the objection (as well as for a claim for the recovery of alimony in a fixed sum of money).
2. The alimony obligee received the document, but did not have the opportunity to object to it for a real valid reason, which is confirmed in the form of a document. This basis allows the applicant to request, at his own discretion:

• restoration of the deadline for good reason with the provision of documents confirming this fact;
• cancellation of the order document.

1. The alimony obligee did not receive an order to assign alimony payments. The bailiffs, who opened proceedings in the case, informed him about this. Typically, this document is sent by registered mail with return receipt requested. In this case, the person to whom it is addressed comes to the post office to receive an envelope.

But in any business there is always a human factor, due to which mistakes can be made. For example, an incorrect address is specified. It also happens that the alimony payer specifically avoids receiving it. Then the letter is returned to the judicial authority. And the ten-day period will begin to expire from the time the order was received in court.

It is important to take into account that we are talking directly about the court, but not about the FSSP. Therefore, even if he is in this service, and the bailiffs have opened the corresponding proceedings, the order is canceled when appropriate objections are received (if the above period is met). The same applies to an appeal against a magistrate’s decision on alimony. That is, in fact, a sufficient period of time may have already passed.

1. The order was not delivered to the person to whom it was addressed, but to another person, for example, a relative or a person living next door. In this case, the actions should be similar to those described above. You should file an objection with the judicial authority and state that the document was not served on the alimony payer, but on an outsider.

Thus, in accordance with Art. 112 of the Code of Civil Procedure of the Russian Federation, the period provided for an objection that was missed can be restored by the court in a number of cases.

To achieve this, you need to file an application with the court having jurisdiction and indicate a request to restore the deadline. In this case, it is necessary to state the circumstances (valid reasons) due to which the time was missed. Documentary evidence of the fact shall be attached to the application. The grounds for the objection must also be stated.

The application is considered by both parties in court. However, if they are absent, this is not a reason not to engage in business. After examination, the court makes a decision to grant or deny the request. The document can also be appealed by either party in accordance with the general procedure.

How long can you appeal child support?

An appeal for child support must be made to the magistrate who issued the order. The legislation allocates 10 days for its consideration. This period is counted from the date when the notice was signed confirming the fact of delivery of the notice.

The judge who receives the application considers it for five days, after which he issues a ruling, which is adopted by the judge alone. That is, civil proceedings do not occur. This means that interested parties are not called.

In cases where the ten-day period is missed for valid reasons, reinstatement should be applied for. One of these reasons may be mail failures.

Consequences of canceling an order by law

If the court decides to cancel the order, the corresponding document is sent to both parties. It is sent to the bailiffs if it is necessary to open proceedings.

When making a ruling, the judge explains to both parties that they have the right to file documents with the court again. But the applicant will have to draw up and submit a claim. The plaintiff has the right to ask the court that recovery be carried out not from the moment the claim is filed, but from the moment the initial request for an order is issued.

Then they submit not only the necessary documents in the general case, but also attach an application for extradition, as well as a decision to cancel based on an objection received from the defendant. If the alimony obligee does not agree with the plaintiff, the objection to the statement of claim to reduce the amount of alimony or on other grounds is drawn up differently than in simplified proceedings.

Clarification of difficult points

You can challenge the alimony order, demand a refutation, as well as payment of a penalty in the following cases:

1. When a paternity test is done in the event of a dispute, a DNA sample is taken. The answer comes back with a negative result. The test is allowed to be done only with the consent of the parties.
2. If a person is considered unemployed or is on an employment exchange.
3. It is allowed to appeal the decision if the citizen is registered with a doctor and the dynamics of his condition shows a deterioration.

There are times when a person comes with the firm intention of complaining about the previous period. According to judicial statistics, many reduce the amount of mandatory payments to the child based on the financial situation of the parent. Often authorities request a certificate of income to verify his condition.

Submission of comments regarding the wishes of the other party, recovery of most of the earnings of the ex-spouse is possible if documents on the outstanding loan are presented.

The problem should not be taken to court. It is necessary to jointly support the child and meet each other halfway. As past studies by sociological services show, over the past year the rate of disputes over alimony has decreased.

If a citizen stops paying alimony without good reason, he is awarded penalties. That is why the majority resolve emerging difficulties with alimony without resorting to litigation.

Which is better: an application for an order or a claim for alimony?

There is a difference between these two documents, and it is significant. For example, this concerns the timing of consideration of applications. If in the case of an order the period is only five days, then a whole month is provided for the consideration of the claim. Moreover, this period is often delayed for various reasons.

In addition, consideration of a case by way of claim proceedings involves a conversation between the parties and court hearings.

Therefore, a more convenient option for the recipient of alimony is to apply to the magistrate’s court with an application for the issuance of an order. At the same time, there are circumstances in which this is impossible. For example, if the alimony payer:

• there is no stable income, officially confirmed;
• earnings are irregular or absent altogether;
• paid in kind or in foreign currency;
• in a number of other cases, when the amount received violates the interests of any of the parties, the issue is resolved in favor of determining a fixed sum of money or part of the alimony in such an amount, and the other part in shares.

In one case or another, the court’s decision will be made exclusively in the manner of claim proceedings.

The procedure for collecting alimony after appealing a court order

In the future, the process of withholding obligations for children takes place through legal proceedings. In other words…

• the claimant should submit a claim and documents confirming the information contained in the application;
• participants will be summoned to a meeting where they will justify their position and present evidence (if necessary) - that is, a full-fledged judicial procedure is carried out;
• The court makes a decision and issues a writ of execution to the claimant.

In the article “How is alimony collected under a writ of execution?” We told you how to obtain a writ of execution, to whom to provide it, and whether the document has a validity period.

The parties are given one month to appeal the court decision. After this period, the decision to withhold money for the child becomes valid. If one of the parties filed an appeal, the decision to withhold alimony will come into force after its consideration.

In the article “How long should I wait for the first alimony payments?” We explained the time frame for alimony cases to be considered, how voluntary accrual and compulsory collection occur.

Grounds for canceling an order that has entered into legal force

There are three ways to force a person to be financially responsible (to pay alimony):

• by court order;
• by order of the court;
• according to the settlement agreement.

After the order comes into force and in the absence of objections from the debtor, the unscrupulous parent, who continues to persist or hide, goes “into the hands” of FSSP employees. The maximum amount of recovery should not exceed 500,000 rubles.

The fact of divorce is not mandatory. The order can come to one of the spouses even in cases where they are still married. The reason for cancellation may be any objection from the person obligated for alimony, submitted within the prescribed period.

Many unscrupulous parents use this right for selfish purposes in order to delay the onset of day “X”. In fact, it is enough to draw up a statement and write “I do not agree” for the court order to be canceled. The fact is that the order presupposes the absence of any debate between the parties.

The justifications for canceling an order for the payment of alimony, which has already entered into force, include the following cases:

• when paternity was challenged. If a man is not the father of a child, which has been confirmed by an appropriate examination, then he is not obliged to pay funds for his maintenance. To cancel the order, you must have a court decision to change the entry in the birth certificate;
• if an agreement with different payment terms was concluded between the now former spouses.
• when the person obligated for alimony became disabled or had dependents;
• if the claimant has made excessive demands. When the salary of the person obligated for alimony has decreased (moving to another job), he can ask the court to change the amount of the fixed amount;
• if the person obligated for alimony has loan obligations. This does not exempt you from paying alimony, but the fact that you have additional monthly payments to banks will affect the amount of alimony. To correct it, you will have to cancel the current order;
• when the parent who receives and actually manages the funds paid for the child spends them on other purposes. Typically, such situations arise with “unreliable” categories of people.

Spending child support on personal needs rather than on the child often results in the deprivation of parental rights or their limitation.