How to collect alimony retroactively – Auctions and bankruptcy auctions

In a situation where former spouses separate peacefully, one of the parties undertakes to pay alimony to the other (naturally, if there are minor children). And, as a rule, such obligations are not recorded in any way. Ultimately, a reasonable question arises: is it possible to apply for alimony retroactively? However, it is necessary to distinguish between two concepts - filing a claim retroactively or receiving cash payments retroactively (for the past period).

The answer to the first is unequivocally no, and it cannot be interpreted in any other way. Documents are registered in court records on the day they are received there.

As for the second case, the answer can be either yes or no, depending on the specific situation. The plaintiff has the right to receive alimony from the defendant retroactively, but only for a period not exceeding three years.

Repeated appeal in case of non-execution of a court decision

Documentation

In addition to the documents that must be attached, to obtain alimony retroactively, evidence of the payer’s evasion of alimony obligations will be required.
You need to attach documents such as:

• child's birth certificate;
• a current marriage or divorce certificate;
• a certificate about the internal composition of the family in which the minor currently lives;
• documentary evidence of the mother’s and father’s income and their property.

With the help of all these documents, the judge is convinced of the need to collect alimony or the absence of possibilities for this. The judge also establishes the right to pay alimony to the claimant and charges alimony in the required amount.

Innings

The recipient can file a claim in court at any time before the child reaches the age of majority. Upon reaching eighteen years of age, he is able to convert himself. The maximum limitation period for a claim is 3 years.

The magistrate's court may consider a case of this nature when assigning payments in a shared amount only for the maintenance of a child (without granting rights to the life support of the alimony claimant) under the age of eighteen.

The following documents will be required to be presented in court:

• written statement (claim);
• identity card of the recipient and the minor;
• certificates of income of both parties;
• evidence of the fact that the alimony recipient and the child live together;
• evidence of the lack of financial assistance from the alimony payer.

A request for filing an application can be made both at the address of the plaintiff and at the place of residence of the debtor. The claimant has the right to choose the authority to submit the application. Upon completion of the procedural decision, the recipient of alimony is issued a writ of execution.

If the court decision did not have any impact on the payer, and he never paid the ex-wife the money, then she can contact the Bailiff Service for a certificate with information about the debt.

File a lawsuit for child support

not only one of the parents, but also the juvenile protection service.

Whether child support is paid for an adult child of a student can be read here.

After these steps, you need to go to court again, but to collect the debt. For this, the debtor may be prohibited from traveling abroad or his property may be seized.

You will need to provide documents:

• passport of the alimony recipient;
• application to court;
• a minor's birth certificate or passport (for children over fourteen years of age);
• certificate of joint residence of the children and the recipient;
• certificate from the bailiff service;
• court decision on setting the amount of alimony;
• evidence of the payer’s evasion of alimony obligations.

If the payer has a regular income, he will be required to provide a certificate from the organization about his income for the past three years. If there is no permanent income, then alimony is calculated based on the minimum wage, taking into account indexations for the past period of payments.

Trial in court

In a claim filed for payment of alimony in recent years, you will have to indicate:

• information about the court to which the application was written;
• information about the alimony payer and the alimony collector;
• evidence of the actual relationship (for joint child support) between the plaintiff and the defendant;
• information about the child;
• requirements of the alimony collector;
• legal provisions to resolve the situation.

According to the judicial procedure, no state fee is charged, since judicial practice protects the rights of the child, and the exception is the case in which the defendant loses - he will be required to pay the state fee

For example, after the couple divorced, the mother did not file for alimony because the father promised to voluntarily support the child. If the father did not keep his promise and began to evade alimony payments, then in this situation the wife can file a lawsuit and collect alimony payments from him for the past 3 years.

In this situation, the judge will rule in favor of the wife if she provides evidence that the father’s help was really necessary, but she did not receive it. If at the time the trial took place the child was 18 years old, then he must submit the application.

If the child’s mother filed for alimony during the divorce, but no payments were accrued to her, she can go with a court decision to the SSP and demand forcibly to collect financial assistance for all previous years. In this case, there is no need to file a claim against the payer again.

How to collect alimony for the past period?

When the court decision began to take effect, the defendant is obliged to pay alimony to the plaintiff, but in practice everything turns out to be completely different. In case of failure to comply with the court decision, the mother can contact the SSP to obtain a certificate stating that there is a debt and how much it is.

Having all the necessary documents, you need to contact the court again. But here we will not be talking about assigning alimony payments, but about collecting debts that have arisen. Thus, after the court makes a decision, the bailiffs will be able to seize the defendant’s property and prohibit him from traveling outside the country.

To re-apply to the court, you must submit the following documents:

• passport of the person who decided to apply;
• the statement itself;
• documents for the child, his birth certificate or passport;
• a certificate confirming that the child lives with the plaintiff;
• court decision on alimony payments;
• evidence of the defendant's evasion of alimony payments.

The court makes a decision on the need to collect child support retroactively from one of the parents. The calculation of the amount of payments is made in the accounting department of the enterprise according to the writ of execution, if the alimony holder has a permanent place of work.

A fixed amount is assigned based on minimum wage indicators if there is no regular income. Also, this category of payers may include individual entrepreneurs who receive income in the form of a natural product, businessmen who have income in foreign currency.

We invite you to familiarize yourself with: The statute of limitations for alimony and the possibility of its extension

So, you want to file for child support retroactively. In order to find out whether such a possibility exists, let us turn to the norms of the current legislation. The RF IC reflects the time limits for applying for alimony.

In accordance with paragraph 2 of Art. 107, alimony is collected from the moment the child goes to court. However, the same article states that funds can also be recovered for the past period, provided that it does not exceed three years before the date of application. Thus, it is possible to collect alimony retroactively.

To recover funds for child support retroactively, the following conditions must be simultaneously met:

1. Before going to court, measures were taken to obtain maintenance for minor children.
2. Alimony was not received because the person who was obliged to pay it evaded payment.

First of all, you need to prepare and submit an application for alimony to the court. In accordance with paragraphs. 1 clause 1 art. 333.36 of the Tax Code of the Russian Federation, when filing such claims, no state fee is charged.

After an application for alimony has been written, it is necessary to prepare a package of documents for filing with the court. And remember that the maximum period for which alimony can be collected is three years before the date of application. Learn more about how alimony is collected.

In accordance with the provisions of paragraphs. 4 clause 1 art. 23 of the Civil Code of the Russian Federation, cases of collection of alimony for minor children are considered by the magistrate court at the place of residence of the applicant or defendant.

To go to court, you need to collect all the necessary documents. First of all, this is the original application.

To the statement of claim for the recovery of alimony, in accordance with Art. 132 of the Civil Procedure Code of the Russian Federation, the following must be attached:

1. Copies of the statement of claim for all participants in the case.
2. Power of attorney or other document certifying authority. This is necessary if the application is submitted not personally, but by a representative. A power of attorney is also needed if a representative of the plaintiff, and not himself, will participate in the meeting.
3. Proof. These are documents that will confirm the plaintiff’s words and the validity of filing a claim for alimony. Copies are also required for all persons involved in the case.
4. Documents required to apply for alimony:
   a copy of the applicant's passport;
5. children's birth certificates;
6. certificate of family composition;
7. certificates of parents' income;
8. calculation of alimony for the past period.

In order to recover funds for child support for the past period, you must prove that you took steps to receive payments to support minors, but the funds were not received and the other parent refused to pay them.

Evidence may include bank statements, witness statements, phone records, emails, SMS, social media posts, and so on.

Cases regarding the collection of alimony are considered, as a rule, within a month. The trial opens at the appointed time. After this, the presence of all persons involved in the case is checked.

It is possible to consider the case in the absence of the plaintiff and/or defendant if they were notified, but did not appear at the court hearing and did not report valid reasons for their absence. But if the court does not have information that the absent party has been notified, then the hearing is postponed.

Practical advice

The main advice: record and save all evidence of your actions if there is no notarial agreement, court decision or order.

A parent who lives separately from the child, but provides voluntary assistance in maintaining the child, must maintain:

• correspondence with the parent with whom the minor remained, confirming the provision of any support;
• statements from banks about the transfer of funds to the account of the first parent, indicating that this is for the maintenance of the child;
• receipts if money was handed over;
• checks, receipts from purchases intended for the child.

A mother or father who is trying to no avail to negotiate with their former half on the joint maintenance of their offspring must maintain:

• correspondence (letters, e-mails), where attempts to appeal by one parent and evasion by the other are visible. You can write a letter demanding payment of alimony, send it with an inventory and notification, which you keep;
• audio and video recordings;
• account statements showing no transfer of funds from the other parent.

Well, the surest way to be guaranteed to avoid legal problems with the collection of alimony for the past time is to document support as soon as a situation regarding alimony obligations arises.

Is there a procedure

In practice, alimony is awarded to the payer immediately after the divorce. In the event of a divorce, the parent leaving the family is required to pay his or her share of the maintenance in the form of alimony. Traditionally, alimony is paid in cash, but the law also provides for other options: in the form of real estate, in a fixed amount based on an agreement, from wages based on a writ of execution.

But as with any rule, the issue of payments for children has exceptions. For example, the ex-wife with whom the child remains to live does not file a claim for alimony against her ex-husband. The reasons for such a step can be different: reluctance to accept money from the departed husband, wealth in the family, personal grievances, etc. Most often, the decision not to collect alimony turns out to be wrong.

In the current situation, the question of whether it is possible to file a claim for alimony payment after a lapse of time is by no means idle.

Collection of alimony for 3 years through the court: step-by-step instructions

The collection procedure is carried out as follows:

1. The plaintiff collects evidence indicating attempts to take voluntary measures to claim alimony.
2. The applicant draws up a statement of claim.
3. The claimant submits documents to the judicial authority.
4. The court sends written notices to the parties with the date of the first hearing after accepting the case materials for consideration by the parties.
5. The parties attend the hearing. The plaintiff or defendant has the right to request that the case be considered without their participation.
6. The plaintiff receives a court decision and a writ of execution. The decision indicates the sequence and amount of payments for the past. If the debt is large, it is divided into several parts. The defendant is given a deadline to repay the debt.

For execution, an extract from the court decision and a writ of execution are submitted to the FSSP. The bailiff initiates proceedings by drawing up a resolution, copies are sent to the parties by mail. If necessary, an FSSP employee requests information from banks about the debtor’s accounts, sends documentation to the accounting department at his place of work, and invites the man for personal conversations.

There is another option - submitting a writ of execution to the accounting department of the enterprise at the payer’s place of employment. The accountant automatically withholds alimony, including for the past, from the debtor’s salary. The money must arrive in the creditor’s account no later than three days after the salary is calculated.

Who is eligible to apply?

Parents raising minor children have the right to collect child support for the past. If a spouse is declared incompetent or partially capable, a guardian acts on her behalf.

Other categories of citizens also have the right to request alimony payments:

• parents;
• grandmothers, grandfathers, grandchildren, granddaughters;
• other close relatives.

Here it is important to comply with one condition - the existence of grounds for collecting alimony and making attempts to voluntarily claim money if the debtor is obliged to support the above-mentioned persons

How to file a claim?

The legislation does not establish a unified form of claim; it can be drawn up independently. It is necessary to comply with the requirements of the Code of Civil Procedure of the Russian Federation regarding content. The application reflects the following information:

• Full name, passport details, registration address, telephone number, date of birth of the plaintiff;
• Full name, date of birth, place of residence of the defendant;
• dates of registration and termination of marriage or beginning and end of cohabitation;
• Full name, date of birth, information from the child’s certificate;
• what measures were taken to resolve the problem pre-trial;
• a list of attached documents and evidence;
• claims – collection of alimony for the last 3 years;
• date of registration and signature.

The claim is drawn up in two copies. When submitting, you must leave one with the secretary, and ask for a registration mark on the second. Information about acceptance will be needed if the court does not respond to the document.

Documentation

When going to court, along with the statement of claim, you must provide:

• passport;
• child's birth certificate;
• father's salary certificate;
• certificate of the plaintiff’s earnings;
• certificate from the minor’s place of study;
• copies of documentary evidence.

Depending on the situation, additional materials may be needed.

State duty

Plaintiffs in cases of alimony collection are exempt from paying state duty - it is collected from the defendants. To assign payments, you will have to pay 150 rubles for a child, 300 rubles for a minor and mother.

Learn more about the amount and procedure for paying state fees for alimony.

Evidence of evasion

Unsubstantiated accusations of evasion of payment are not enough for the court to accept the case materials for consideration, much less satisfy the claims. As evidence, the plaintiff can use:

The judicial authority will need any evidence indicating the validity of the claims. If there are witnesses, the wish to invite them to court must be reflected in the statement of claim.

What the law says

Alimony obligations are enshrined in the Family Code. According to it, providing for minors is the responsibility of the parents. The mother and father have the right to choose the procedure and forms for providing such support themselves. This provision is directly enshrined in paragraph 1 of Art. 80 IC RF.

Such an agreement is concluded in writing and must be notarized. Unilateral refusal is not allowed. If parents do not fulfill their obligations to provide for their children, funds are recovered from them in court.

The legal basis for the issue of alimony is uniform. It is recorded in the Criminal Code, chapters 13-15, 80, 91, 98, as well as Article 217 of the Tax Code. The Tax Code highlights the situation when alimony is not paid. The assignment of payments of all types is made according to uniform legislative norms. As for the rules for assigning alimony “retroactively”, they are fixed in Article 107 of the Insurance Code.

We suggest you read: An inadequate person writes slander about an organization

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If the defendant does not make alimony payments after the court’s decision, then a second claim may make sense. But before doing this, you should contact the SSP (bailiff service) with a court decision to collect alimony from the payer.

If the court has not made a decision, but the former spouses have a concluded agreement on alimony payments, and the child’s father did not make payments under this agreement, then the statute of limitations does not matter. Thus, the mother has the right to apply to a judicial institution to demand payment of alimony, regardless of the period that has passed since the divorce.

If the father does not pay alimony and his wife has not applied to the court with a demand to win money for child support, then she has the right to file a lawsuit in court to demand that he pay alimony. But alimony can be recovered from the defendant only from the moment of applying to a judicial institution.

But if the father maliciously evaded alimony payments, had no contact and was hiding from his ex-wife, then it is possible to collect alimony retroactively for the past 3 years. That is, the mother of the children has the opportunity to file a claim with a court to recover alimony payments for the previous 3-year period if she can prove that she tried to get money from the father of the children, but he continued to maliciously evade alimony.

In the best case, a claim for the collection of alimony payments is filed immediately after the divorce and the starting point is the moment of filing the application with the court. If the recipient of the funds himself refuses them, he can re-apply to the court to resume payments.

You may also be interested in:

• From when does alimony begin?
• Detailed changes to the law on child support in 2021
• How does the court award alimony? Accrual procedure
• Review of judicial practice on the collection of alimony

Is it possible to apply for child support retroactively?

According to the provisions contained in Art.
107 of the Family Code of the Russian Federation, the claimant can receive the alimony due only from the day on which he submitted the corresponding demand to the court (in the form of a claim or application). However, the same article establishes an exception according to which the parent with whom the child lives can recover money from the other parent for the maintenance of their joint children for past periods, but no more than three years before going to court.
Such a retroactive recovery is subject to satisfaction by the court only if the mother tried to obtain funds from the child’s father, took all possible measures to achieve this, and the latter evaded the obligation to transfer funds for the maintenance of his children.

Allotted time

According to Russian law, parents are required to support their common children in equal shares. The most common option for resolving alimony problems is litigation. The court makes a decision on the payment of maintenance for children, regardless of whether they were born in a legal marriage or not, if their paternity is documented. These actions are carried out in accordance with the IC simultaneously with the divorce process.

The plaintiff must clearly justify the reason for such a long delay in the application. For example, a significant reason will be evidence of a mutual agreement between spouses, which was not fulfilled by the payer. The law does not consider mutual agreement and does not impose liability on the alimony provider.

Why do you need to pay back child support? The answer is presented in the article “

How does alimony return work?

».

You can find out how alimony from the premium is deducted here.

When considering the issue of assigning alimony, the court adheres to the rights and interests of the children who need to be awarded payments. Each specific case requires an individual approach. There is no one-size-fits-all solution to all child support issues. Only the court has the right to decide whether exceptions to the rules are possible, but they must be based on legal provisions in any case.

If it so happens that the alimony holder is in prison after a divorce, then it is natural that at this time the ex-wife does not receive money to support the children. After release, the alimony obligation must not only resume.

Significant costs

The alimony provider needs to understand that by not fulfilling their obligations to pay alimony to their own children, they risk having significant costs in the future. All debts will have to be repaid sooner or later. This is what the court will decide if the plaintiff files a claim for debt repayment.

The court's decision will have no options other than that it will pursue the goal of respecting the rights of the child.

Disability

In this case, she has income only in the form of a disability pension, so there are clearly not enough funds to support the child. Thus, the court will certainly side with the plaintiff.

Typically, alimony payments are made by the second spouse in two ways: a percentage of income or in a certain amount. The second method is popular if the defendant's income is high enough and the percentage of his salary is much higher than the household needs of the child until he reaches adulthood.

If the alimony payer received a permanent income over the past period, he must submit only a certificate from his place of work about income for the past 3 years. Then the judicial institution will begin to calculate the percentage of income required by law in favor of the plaintiff.

If the defendant does not have a regular income, the court will set an amount, taking into account the minimum wage in the region with indexation for the previous period.

How is alimony calculated?

Alimony can be set as a percentage of the income received by the parent (for 1 child the court sets 25% of the salary, for two children - 33%, for three or more - half of the income) or in a firmly fixed amount.

When the defendant has a permanent source of income, alimony is set as a percentage ratio. The court takes information about the parent's salary for the last 36 months to calculate the % for child support payments.

If the defendant does not have a stable income, alimony is established in a firmly fixed amount based on the minimum wage. Indexations for the past period of time are taken into account.

Required criteria and evidence

If a request for alimony payment is submitted by the former spouse after the established period, then she must provide the court with confirmation that the period when the funds were not paid was forced. The reasons for non-payment must have an evidence base. The court will consider the application if the period of non-payment is no more than 3 years.

We invite you to read: Conditions for changing the amount of alimony

The recipient can claim alimony due to the child until he reaches adulthood. This can be done by the child himself upon reaching adulthood, but the 3-year period must be observed in any case.

If there is no income, alimony will be calculated based on the minimum wage in the region. In each individual case, an individual approach to the consideration of the case is required.

What is alimony?

The Family Code states that the maintenance of a minor is the responsibility of both parents equally, regardless of whether they are married or not.

Therefore, after the termination of the official relationship, the adult, most often the father, who will live separately from the child, is assigned the amount of payments that he is obliged to transfer to the other party.

Former spouses can independently agree on their amount or turn to the laws. The legislative framework ties payments for the maintenance of a minor to the earnings of the parent.

Thus, their size can be:

• 25% - for one child;
• 33% - for two children;
• 50% - for three or more minors.

Alimony is paid in accordance with an oral agreement or a court decision. If the payer evades his obligation, the other party may go to court.

Alimony for children from different marriages: two, three, what percentage.

In what cases is it possible to collect alimony retroactively?

Divorced spouses make the mistake of agreeing to pay child support verbally without documenting it. An agreement that is not legally supported has no force and is unsubstantiated if in the future it becomes necessary to clarify alimony relations in court.

Filing a claim after a certain time has passed is associated with difficulties in collecting the debt if more than 3 years have passed.

Submitting an application

According to the law, you can file a claim for the recovery of alimony for the past period for the maintenance of children at any time: simultaneously with the application for divorce, immediately after the dissolution of the marriage, or after a lapse of time. The plaintiff can do this regardless of whether she was married to the father of her children or not. The main thing is to provide the court with proof of paternity.

The collection of alimony over time is an infrequent case in judicial practice, but it occurs when there are reasons for it.

The law does not establish a strict standard for an application for payment of alimony after the due date, but it must contain points to which the court must pay attention.

The first time a claim is filed with a judicial institution can be at any time before the child becomes an adult, and after that he can file the application independently. The maximum limitation period for a claim is no more than 3 years. Thus, the mother has the right to demand child support payments for the previous period, even after the child has reached the age of majority, that is, for the past 3 years.

Documents that need to be submitted to the court:

• lawsuit;
• documents that can be used to verify the identity of the child and the plaintiff;
• evidence that the plaintiff lives with the child and he supports him;
• certificate of income of the defendant and plaintiff;
• evidence that the plaintiff was not accrued financial assistance (this could be bank statements, letters, telegrams, SMS messages, testimony of relatives and friends, telephone conversations).

After this, by a court decision, the plaintiff will be determined what the amount of alimony payments will be, taking into account debts for the previous period. Here the alimony provider is not in a very good position, since quite often it happens that he provided for his child, for example, he gave money to his wife without taking a receipt, or simply bought the necessary things. Therefore, it is very important to record the fact of monetary transfer and preserve evidence that the defendant financially helped the former family.

Calculation of alimony for the past period

The claimant does not need to calculate the exact amount for the entire past period during which he asks the court to collect alimony. The plaintiff must only indicate the date from which he requests to collect money for the child, and also indicate the form for determining the amount of alimony (percentage of earnings, fixed monthly amount, mixed version).

After the court makes a decision, in the process of its execution, the bailiff will calculate the specific amount of alimony to be collected from the date determined by the court and will take measures to collect it.

Calculation of alimony

As a general rule, when calculating alimony, they are based on the financial and marital status of the parties. If the parents have entered into an agreement to pay child support, they are held on the basis of this document.

It should be noted that such an agreement is rarely concluded and is not widespread, therefore, in most cases, if you refuse to support children and evade this obligation, you have to go to court to obtain a decision, which will indicate, among other things, the amount of alimony to be collected.

For one child, a quarter of earnings or other income is recovered, for two - a third, and for three or more - half of earnings or other income.

The court may, at its discretion, based on available information about the financial situation of the parties and other circumstances, reduce or increase the amount of alimony.

Collection nuances

When collecting, the following must be taken into account:

1. You can collect money for children without waiting for a divorce, at any time during marriage.
2. Mothers who were not married to the child’s father can also file a claim. But it is necessary that paternity be officially established - by registering it in the registry office when registering the child or by the court. A document confirming paternity must be attached to the claim.
3. Not only the mother of the child, but also the person who officially formalized guardianship or trusteeship of the child has the right to collect funds. Documents confirming these circumstances must be attached to the claim.
4. Collection is impossible if a notarized agreement on the payment of alimony is signed between the parents. If there is such an agreement, if the father refuses to pay, the debt incurred by the payer will be subject to collection. You will need to contact the bailiff, not the court.

The trial and its results

So, in accordance with the norms of current family law, alimony can be collected in court. In this case, it is possible to recover funds both from the moment of application and for the three-year period preceding such application. The latter is possible if the applicant manages to prove the defendant’s malicious evasion of obligations to support minor children.

The statement of claim to the court must contain maximum information in all details in order for the application to be accepted for consideration:

• about the payer;
• confirmation of the actual relationship between former spouses;
• about the child;
• plaintiff's claims;
• references to legislative acts on the basis of which a solution to the problem is possible.

If the alimony holder was in prison and did not pay alimony after his release, the judge may require payments for the time he was in prison. If the plaintiff is a disabled person of group 1 or 2, then the court decision will only be in his favor.

How are child support funds distributed? The answer is presented in the article “

How is child support divided?

».

You can find out whether child support is paid for disabled adult children here.

Collection of alimony. Legal advice

So, the legislator allows you to demand alimony retroactively - for the last three years preceding the application to the court.
The claimant must provide compelling arguments indicating that the other parent refuses to pay the funds. What advice do we give to spouses who take each other’s word for it after a divorce? Even if you still have friendly relations with your ex-husband or wife, document your agreement on child support. There is no need to immediately file a claim and run to court. You can put everything in writing - draw up an agreement, which, after being certified by a notary, will have legal significance. If in the future the child support parent does not keep his promises, using the previously drawn up Agreement, you will achieve better results than by persuading or threatening.

If you are trying to get the father of your children to pay child support, but are refused, document this. In the future, based on such evidence, it will be possible to claim money for the past three years.

Sometimes the responsible parents also find themselves in an unpleasant situation. For a long time they support the family financially (they personally purchase clothes, shoes, pay for travel, transfer money for the child’s support from hand to hand), but then they cannot prove these facts - there are no receipts, checks or receipts, there are no witnesses who would confirm the fact transfer of funds.

If payment of alimony occurs voluntarily, without the participation of bailiffs, you should keep all checks and receipts indicating expenses for children. If you transfer funds to the recipient’s card, correctly indicate the purpose of the payment (for example, “child support”) and period. If the payment of alimony occurs in cash, require a receipt from the recipient, and drawn up in his own hand. In court, SMS messages and email correspondence will also be evidence that funds were transferred to the children.

You can read more about how to prove the fact of transferring alimony here.

So, to summarize:

• If a former spouse living separately does not pay alimony, and the former spouse has not filed a claim for collection, she will be able to file a claim in court at any time (until the child reaches adulthood). The accrual will be made from the date of registration of the claim.
• If the mother provides evidence that she tried to get financial help, but the father ignores phone calls and messages, hides, refuses to pay child support or provide for his own children in any other way, she has the right to demand child support “retroactively” - for the last three years. Evidence of the above circumstances must be presented to the court.
• Both father and mother should retain documentary evidence of payment or refusal of transfers, which can later serve as irrefutable evidence in court proceedings.

By the way, you can apply for alimony more than once. We talked more about this in this article.

How to avoid litigation

An unfounded statement in court that the alimony provider does not fulfill his obligations to support the children will not lead to a positive decision in favor of the plaintiff. Witness testimony, telephone conversation records, and personal correspondence must be presented as evidence. As a rule, it is only in rare cases that the parties methodically collect such documents.

This condition applies to both parties. Spouses who have dissolved their marriage are strangers who are connected only by children and financial relations, so it is worth insuring yourself to avoid litigation in the future.

Indexation of alimony

Indexation is a way to protect funds from increases in the general level of prices for goods and services.

Family law provides for the possibility of indexing alimony, which is paid in a fixed amount.

This will ensure that alimony payments comply with the established level of material support for the minor, keeping up with the regular increase in consumer prices.

Thus, with the increase in the regional cost of living per child, which happens every quarter, alimony payments, which are paid in a fixed amount, should also increase quarterly.

It is worth considering that when the cost of living decreases, the amount of alimony does not decrease. Since, in accordance with Family Law, it is tied only to the growth of this indicator.

Alimony payments assigned as a share of income are not subject to indexation. This is explained by the fact that they already rise along with wages.

In 2021, there are some changes to the indexation regulations in the Russian Federation. They greatly facilitate and speed up this process for creditors and bailiffs.

Indexation of alimony debt

When arrears arise in payments, the recipient and the payer wonder whether alimony can be indexed retroactively.

In accordance with the law, it is possible to index not only the alimony that is paid every month, but also the amount of outstanding payments.

Because unscrupulous parents may not pay child support for a long time. The amount of debt for this period may become insignificant.

To avoid this, the amount of alimony debt should also be periodically indexed in accordance with the increase in the cost of living in the child’s territory of residence.

As a rule, debt cannot be incurred by persons who work officially. Therefore, the bailiff is required to index the alimony debt.

The determination of debt is carried out from the day when the collection of material security occurred and until the date of indexation.

If the payer proves that he had good reasons that did not allow him to pay alimony, then the recalculation is made only for the last three years.

Valid reasons include:

• disease;
• non-payment of wages;
• lack of work.

If it is not possible to prove the presence of at least one of the above reasons, then the debt is calculated for the entire time.