What is a writ of execution for alimony, what is it for and what to do with it?

What is a writ of execution

A writ of execution (hereinafter referred to as “IL”) is one of the types of administrative documents; its form was established by a decree of the Government of the Russian Federation back in 2008 and has so far undergone only three adjustments.

The form is standardized for all courts (magisterial, federal and general courts).

The sheet is printed on special multi-colored paper with watermarks and the coat of arms of Russia, and the individual number and series must also be indicated on it. All of the above features are measures to protect against counterfeiting.

The secretary of the judge considering the case of the alimony obligee is responsible for filling out the form, and he also issues it to authorized people.

Lawyer's answers to private questions

If I pay alimony according to a writ of execution, is it possible to conclude an agreement?

Yes, the agreement can be drawn up at any time, but it must be certified by a notary. It is important that the amount of alimony in it is not less than the amount established by the court (Article 103 of the RF IC).

If I pay alimony and there is a writ of execution for the loan, how many proceedings will the bailiff open?

The bailiff initiates separate proceedings for each requirement, because Everywhere there are different collectors and the very essence.

If there is immediately an agreement on alimony and a writ of execution, what should I submit to the bailiffs?

It all depends on the date of registration of documents. For example, if the IL was issued by the court before the conclusion of the agreement, the agreement is filed.

In what amount is alimony collected for the maintenance of a spouse or ex-wife under a writ of execution?

Such alimony is collected in a fixed amount of money. The size depends on the regional cost of living and the financial situation of the parties - the claimant and the payer (Article 94 of the RF IC).

When can a bailiff refuse to accept a writ of execution?

The grounds are specified in Art. 31 Federal Law No. 229. For example, if it is sent to the wrong department of the FSSP, the application is incorrectly drawn up or not submitted, and for other reasons. A copy of the refusal decision is sent to the claimant no later than the day following the day of its issuance.

Within what period must the bailiff fulfill the requirements specified in the writ of execution?

In most cases, this period is limited to two months from the date of initiation of proceedings (Article 36 of Federal Law No. 229).

What does a writ of execution look like?

Let's clearly see what a sample writ of execution looks like.

Sample writ of execution for alimony

A correctly completed sample writ of execution for alimony must necessarily contain the following data:

1. Date of acceptance of the act by the court.
2. The full name of the judicial authority along with its address and case number.
3. Basic requirements of the plaintiff.
4. Quote from the operative part (verdict).
5. Date of entry into force of the IL.
6. Day of issue of the document.
7. The period during which the sheet is presented for execution.
8. Information about the recipient of alimony (full name, place and date of birth, address).
9. Similar information about the debtor.
10. Seal of the judicial authority.
11. Signature of the judge presiding over the case and its transcript.
12. Personal number and series of writ of execution.

It is worth noting that information is entered into the form only by court employees, and without the intervention of the alimony payment collector. The recipient of financial assistance for a child must only take the IP and open proceedings on its basis in the bailiff service.

How to submit it to the bailiffs?

The writ of execution must be submitted to the ROSP at the debtor’s place of residence. An application to initiate enforcement proceedings should also be submitted there.

The document must contain the following information:

• personal data about the creditor and debtor;
• information about the court decision on which the writ of execution was issued;
• information about the location and (or) property of the debtor, the place and address of his work.

The application must be accompanied by the original writ of execution, a copy of the court decision, and the passport of the applicant (claimant).

Additionally, you must provide the borrower's current bank details. The applicant has the right to provide the bailiff with any information that contributes to the timely collection of the debt. Enforcement actions are performed at the location of the debtor. If it is unknown, then collection is carried out at the last place of stay of the debtor citizen.

Find out more about the procedure for collecting alimony through the bailiff service in a separate publication.

How to check a writ of execution by number

Checking a writ of execution by its number through an open database is impossible, since the system accessible to ordinary citizens stores information about already initiated cases, and it only indicates their number, which the recipient of the funds usually does not have. Therefore, it is best to check the debtor by his full name and date of birth.

In general, both parties may be interested in checking the status of alimony proceedings:

• the payer can find out about the presence of debts (after all, for evading alimony they may be restricted from traveling abroad or deprived of the right to drive a vehicle) and pay them directly on the website through online payments;
• Using the FSSP website, the recipient of financial support can find out a lot of useful information, from the amount of the debt to the full name and contacts of the bailiff handling the case.

Using the bailiff service website is very simple, just go to the “Services” section, find the “Enforcement Proceedings Data Bank” tab there and enter basic information about the payer. Be sure to check for o and enter the code phrase to get the result.

How does collection occur?

Bailiffs can recover part of the wages from the alimony payer. In addition, bailiffs can make deductions from other sources of income, for example, from rental property.

If it is not possible to voluntarily collect alimony, the bailiffs may begin to take more serious measures. Article 64 outlines the actions that can be taken. These include:

• ability to conduct financial investigations;
• call for a conversation with the debtor;
• requesting information and information about the debtor to government agencies;
• the ability to enter non-residential premises owned by the debtor;
• search for the debtor.

Each of these methods can help you get the child support payer to comply with their obligations as quickly as possible. Don’t forget to make an appointment with the bailiffs to monitor all processes in your case.

Always remember that bailiffs have the ability to force the debtor to pay alimony. Bailiffs have the right:

• collect debt from any property and funds of the debtor;
• seize property;
• seize property;

If you approach this matter responsibly, you can easily receive alimony in the amount specified in your court decision.

Where can I get it or where is the writ of execution?

It is known that alimony payments are calculated on the basis of IL, a court order or an agreement between the parties certified by a notary office. But many citizens simply have no idea where to get a writ of execution for alimony.

A writ of execution, just like an order, is issued by the court; the differences lie only in the procedure for obtaining them.

• To issue an order to accrue alimony to the recipient, it is enough to write a corresponding application. This option is acceptable if there are no particular disputes between the parties and the place of residence and work of the payer is permanent and known. The writ proceedings take only 5 days from the date of filing the application, and the former spouses can easily not be present at the process.
• a writ of execution for the collection of alimony is issued only in cases of legal proceedings. The judge must review the claim, analyze all the facts and finally render his verdict. If the decision is positive, the secretary will issue an IL and transfer it to the bailiffs and to the payer’s work.

Important! If the parties have reached an agreement on the procedure for calculating and the amount of payments, then there is no need to go to court, it is enough to obtain a special mark from a notary, and the agreement will become an executive document.

Where can I get the document?

To obtain a writ of execution, you need to contact the court that ordered the citizen to pay alimony. The writ of execution can be served on the claimant or sent to the bailiff or, at the request of the claimant, at the payer’s place of employment.

In Moscow, the document can also be sent electronically. Then the writ of execution must be signed with the electronic digital signature of the judge.

It is advisable for the claimant to check the contents of the enforcement court in advance. It is necessary to check the information specified in it with the information indicated in the court decision.

Note: You should carefully check the full name, date, and place of birth of the participants in the enforcement proceedings and the child. It is important to check the court's requirement and the operative part of the decision. If errors or typos are discovered, you must inform the court employee about this and ask them to remove the deficiencies.

Be careful: after the sheet has been issued and enforcement proceedings have been initiated, it will not be possible to simply go to court and replace the erroneously issued document - the issue of correcting errors will be resolved at a court hearing.

How and when can you obtain a writ of execution?

After the claimant of alimony payments has filed a lawsuit, about a month should pass, then the parties receive an invitation to a court hearing. During the process, both the plaintiff and the defendant express their point of view and present arguments to prove the correctness of their actions and the proportionality of their demands.

Usually, if the judge makes a positive decision, then after 10 days it comes into force. But in the case of a writ of execution, a different rule applies - the document is issued immediately after the announcement of the verdict, which is also subject to immediate execution. Thus, the claimant immediately receives the decree directly into his hands or is sent to the bailiff service.

It is worth noting that the parties retain the standard right to appeal the judge’s decision within ten days, and if it is ultimately overturned, the IL will be recalled.

Calculation of alimony debt

If the debtor neglects to pay alimony every month, demand that the debt be calculated and that you receive the appropriate decree.

Application for issuance of a resolution on debt settlement

It is not necessary to prepare and print out all applications in advance; depending on the situation, they can be written immediately at the reception by the bailiff by hand and submitted for stamping.

Resolution on calculation of alimony debt

With this document, you can go to court and demand to collect from the debtor, in addition to the assigned alimony, a penalty in the amount of 0.01% for each day of delay in payment.

What to do with a writ of execution

Unfortunately, court workers do not explain to citizens the procedure to follow after the verdict is announced, so many simply do not know what to do with the writ of execution for alimony.

Where to carry the writ of execution

The recipient of financial assistance for a child can dispose of the writ of execution in three ways.

• just do nothing. The document will not lose its legal force, even if the citizen does not immediately hand it over to the bailiffs. According to the law, you can present IL for execution at any time, the main thing is that the alimony obligations have not expired (for example, the child is under 18 years old).
• go to the payer's work. This option is considered the most effective and fastest way to receive money, but it can only be used if the person receiving alimony works officially and does not hide the place where he works.
• turn to bailiffs for help. The FSSP is a fairly large government organization with divisions in all regions of the Russian Federation. Therefore, the question may arise, where exactly to go with the writ of execution? As a general rule, you need to contact the department at the debtor’s place of residence (if known), or at the location of his property. After the paper has been handed over to the bailiffs, all that remains is to wait for them to collect the due amount from the payer.

The document is submitted to the company's accounting department along with an application indicating the details for transferring money. If the claimant does not know where the payer works or the payer is not officially employed at all, then the third method remains to be used.

When can a writ of execution be filed?

The judge's decision is subject to execution immediately from the moment of announcement, but the defendant has the right to appeal it within 10 days. If complaints are not received within the time limits established by law, the verdict comes into force.

You can submit IL for execution without waiting 10 days, but even if you don’t do this right away, the validity period of writs of execution for alimony is still quite long. The document remains valid for the entire period of alimony obligations and three more years beyond them (according to the statute of limitations).

Validity period of the writ of execution

The writ of execution ends along with the alimony obligations, and their termination occurs when the child:

1. Became an adult.
2. Became legally competent before age 18.
3. Was adopted.
4. Died

Also, the IL is canceled if the alimony payer dies.

Other circumstances, be it loss of ability to work, retirement, remarriage, and so on, are not considered reasons for stopping payments of financial assistance to a child.

Important! The law provides that a person liable for alimony may demand in court a review of the amount and procedure for payments if his life circumstances have seriously changed, for example, he has become seriously ill.

I filed for alimony, what next?

This is the question most often asked by claimants on alimony obligations to our hotline. Most participants in alimony cases do not even know what to do with the court's decision on alimony.

Expert opinion

Noskov Georgy

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

After filing a claim with the court for the collection of alimony, in any case, you will have to wait for a positive decision.

If it takes place, in terms of alimony obligations it will be executed immediately, without waiting for the 30-day period for entry into force. The writ of execution will be handed over to the bailiffs or, if there is a request from the claimant, it will be handed over to him. The recipient of alimony has the right to decide for himself whether to take the sheet to the bailiffs or submit it directly to the employer.

Then the claimant has the right:

• monitor the execution of a court decision during the active work of bailiffs;
• revoke the writ of execution upon voluntary payment of alimony.

Each payment outside the writ of execution must be documented. However, this is primarily the concern of the alimony payer - after all, he needs to protect himself from possible problems.

Actions of bailiffs after receiving a writ of execution

As soon as the writ of execution falls into the hands of the bailiff, he within 24 hours opens proceedings to collect the due funds. To collect the required amount from the debtor, the bailiff is vested with broad powers.

Typically, the BSC executor operates according to the following scheme:

1. Invites the payer to a conversation, during which he explains the procedure for payments on a voluntary or compulsory basis.
2. Submits a writ of execution to the payer’s work so that the accounting department can deduct part of the salary in favor of the recipient.
3. If the alimony obligee refuses to voluntarily transfer financial assistance to the child, then the bailiff makes requests to various government bodies (tax, traffic police, PF) in order to find out the financial situation of the citizen.
4. If a debt arises, an authorized person may seize the accounts and property of the debtor.
5. If debts are not systematically repaid, then the property is sold through auctions, and the money is transferred to the recipient’s account.
6. If the bailiff is unable to find out the place of work of the alimony payer, he puts him on the wanted list and blocks him from traveling abroad.

Where to take it?

Note: In the absence of a clearly expressed will of the claimant regarding the procedure for executing the court decision, a writ of execution will be issued on the day the decision is made and sent to the FSSP no later than the next business day.

What to do if you lose a writ of execution

If suddenly the writ of execution is lost, you will have to re-apply to the court to issue a duplicate.

If the recipient loses the form, as a rule, no problems arise unless the payer requests a copy.

If the loss occurred through the fault of an official (bailiff, accountant), then he will bear administrative responsibility and pay a fine.

It is worth noting that the duplicate is automatically endowed with the legal force of the original.

What to do if lost

Loss of personal information can occur through the fault of the claimant, due to careless storage, or through the fault of the executor (employer, bank, bailiff). It will depend on who is at fault: whether the claimant will have to pay a fee, or a duplicate sheet will be issued to him free of charge.

The basis for issuing a duplicate is an application addressed to the judge submitted by an interested person. If the loss occurred due to the fault of the claimant, he will have to pay a state fee in the amount established by Art. 333.19 Tax Code of the Russian Federation.

What to do if the bailiff has lost the writ of execution?

At first glance, it seems that this will not happen to you, and how can a bailiff lose such a valuable document. However, as practice shows, today the percentage of loss of not only the writ of execution, but also the entire case is not uncommon. After all, the bailiff service works with a huge number of papers, legal proceedings, and sometimes it is necessary to redirect them to other territorial divisions. And as a result, the document is lost. What to do in this case?

The state had previously been puzzled by this issue, so Decree No. 455 of 2015 was issued and adopted, which regulates the work of not only the FSSP, but also these violations. According to the resolution, actions may be as follows:

1. If legal proceedings in your case have not yet been initiated, then the bailiff, under whose responsibility the writ of execution was, is trying to obtain a duplicate of the document through his own efforts. The duplicate will be equal to the original document.
2. If the court refuses to issue a duplicate to the bailiff, then the recipient of the alimony, that is, the applicant, must submit a similar application. In response to his application, he receives not only a duplicate of the writ of execution, but also a certificate of loss, which is subsequently presented to the FSSP to initiate proceedings.
3. If proceedings in your case have already been initiated, then only the bailiff is responsible for restoring the document and personally contacts the judicial authority.

That is, be that as it may, it will not be possible not to receive a duplicate of the writ of execution. They will still give it to you or the bailiff, and based on the duplicate, you can carry out further actions to collect alimony payments (Article 430 of the Code of Civil Procedure of the Russian Federation). In addition, according to Article 431 of the Code of Civil Procedure, the guilty person, namely the bailiff, will be required to pay a fine. The fine currently amounts to 2,500 rubles.

Issuance of a duplicate document by the court

Despite some differences in the procedural order of courts of administrative, general and arbitration jurisdiction, they have a single deadline for considering an application and making a decision on issuing a duplicate of the IL - 10 days. This procedural action does not pose any difficulties. The applicant is only required to submit an application and a receipt for payment of the state fee.

Revocation of the writ of execution

According to the legislation of the Russian Federation, the recipient of alimony may revoke the writ of execution due to various circumstances.

1. A peaceful agreement was reached between the parties on monthly voluntary transfers for child support.
2. The payer has set a condition to revoke the IL, and in return he will allow the child to travel abroad.
3. The parents reconciled and are supporting the child again, as they were when they were married.

Please note that if the alimony holder has a debt, he is obliged to repay it, despite the withdrawal of the sheet.

It is prohibited to revoke a document due to moving to a new place of residence; instead, you should contact the bailiffs and write a statement so that the IL will be sent to a new address and payments will continue.

There are often cases when the sheet was revoked and the payer ignored the agreement. In this situation, the recipient can contact the bailiff service again and hand over the document, the main thing is that no more than three years have passed since the revocation. The repeated application indicates the period during which financial assistance was not provided and the authorized employee will have to recover the entire amount from the debtor in full.

Applications for proceedings for alimony payments

To begin enforcement proceedings, you will need to write an application to the bailiff service. If the claimant decides to terminate the proceedings, he writes a statement to terminate the proceedings, and if he changes his mind, to resume the enforcement process.

Let's consider the nuances of drawing up these documents.

About excitement

This document is drawn up in the name of the head of the district bailiff department. The document contains the applicant's contact information, including home address.

The application must indicate:

• personal and contact information of the creditor and debtor;
• name, number and date of issue of the IL;
• amount of recovery;
• information about the work, place of residence of the debtor;
• Bank account details for transferring money.

The applicant requests to accept forcible execution of the penalty. To transfer money, indicate the current bank account, as well as the recipient's details. A writ of execution is attached to the application to initiate proceedings.

We talk about how to correctly draw up such a statement in the SPP here.

About termination

Enforcement proceedings may be terminated at the initiative of the claimant. This usually happens if the parties have agreed among themselves.

You need to submit an application to the court to terminate the proceedings and indicate that you are refusing alimony, as well as indicate the reason (reconciliation with your husband, etc.). Next, the court will issue an act of termination of execution of the sheet issued by it. After this, all that remains is to leave a statement to the bailiff to terminate the enforcement proceedings. There is no state duty for filing such an application.

The text must indicate the name of the performer and attach documents confirming the existence of grounds for termination of production. The court considers the application within ten days. The result should be a court ruling that immediately takes effect.

For renewal

The document is drawn up in simple written form and submitted to the court or FSPP. It is necessary to indicate the sheet and case number, as well as state the reason why the collection of funds from the debtor was once suspended.

Further in the statement it is worth asking to consider the issue of resuming production. A copy of the sheet and the resolution to initiate and then suspend the proceedings are attached to the document. The application is submitted to the court that made the decision to suspend alimony.

How is alimony calculated under a writ of execution?

After the writ of execution is submitted to the organization where the payer works, the accounting department has obligations to fulfill the requirements of the document and withhold part of the salary in favor of the alimony recipient.

Important! The employer does not have the right to carry out any manipulations with the amount of contributions or stop payments.

The amount of financial assistance is established in Article 81 of the Family Code of the Russian Federation, and it directly depends on the number of minor children:

• 25% of monthly income is withheld for one child;
• for two children – 33%;
• if there are three or more children, then alimony will be 50%.

In some cases, alimony may be calculated in a fixed amount; this format is chosen by the court under certain circumstances, for example, the official salary of the payer is small, but it is known that his total income is much greater.

Alimony funds are withheld from all official income, namely:

1. Salaries at the main place of work.
2. Salaries from part-time positions.
3. Benefits provided to state and municipal employees.
4. Fees, bonuses and allowances.
5. Other income, for example, payments for temporary disability.

Income not subject to alimony is listed in Article 101 of the Federal Law “On Enforcement Proceedings”, these include survivors’ pensions, insurance, maternity capital, compensation for vouchers, etc.

The transfer of funds is carried out using an alimony payment form, which indicates information about the payer and recipient, the names of their banking organizations, account or card details, as well as the amount and purpose of the payment.

Where are they sent for collection?

If the debtor’s permanent place of work is established, then the writ of execution is sent to this address for the collection of alimony.

This is the easiest way to collect, since everything will then be handled by the accounting department. Wages will now be calculated taking into account deductions, which will be automatically transferred to the account of the claimant.

If the debtor does not officially work and does not have his own business, then the IL can be presented to the bank where he has an account. In the absence of an invoice, foreclosure is applied to other property.

You will find more information on how you can collect alimony from a person who is not officially employed anywhere in a special article.

Payments of alimony under a writ of execution: procedure

Now let's figure out how to transfer alimony according to a writ of execution. It was previously noted that the basis for the creation of enforcement proceedings by the SSP are precisely the writ of execution and the court order. Without them, no one has the right to demand money, especially by force.

After the authorized person establishes the payer’s place of residence, a special resolution and an offer to voluntarily transfer funds are sent to his address. If there is no reaction from the debtor, then the bailiff’s order is sent to work. At the same time, a check is carried out on the sources of income of the alimony obligee and an assessment of his or her property.

According to the law, having received the order and IL, the organization’s accounting department must transfer part of the income of the alimony obligee to the current account of the recipient of the funds, while all expenses associated with the transfers are paid by the debtor.

Separately, it is worth noting that in a situation where alimony payments are calculated in a fixed form, the accounting department has an additional obligation to recalculate the amount taking into account indexation.

What to do with the document when dismissing an employee?

All responsibility for collecting a percentage of the alimony worker’s salary in favor of the claimant rests with the accounting department of the enterprise in which he works. In the event of his dismissal, the accounting department is obliged to notify both the claimant and the bailiff at the place of registration of the alimony payer within 3 working days.

In the message to the bailiff, you must attach a copy of the writ of execution with notes on all payments made (Part 4 of Article 98 10/02/2007 No. 229-FZ).

Thus, when trying to get money for child support from your ex-spouse, you should remember that a writ of execution is the only legal basis for forced collection of alimony . The plaintiff has the right to contact the FSSP and transfer it to the bailiffs to take collection measures, or try to claim the funds himself through the debtor’s employer.

Payment order for the transfer of alimony

A payment order for alimony is drawn up according to the same rules as other payment papers. If an error is found in it, the bank will simply not accept it to process the transfer.

Therefore, the PP must indicate:

1. His number.
2. Date of creation, transfer to the banking organization, debiting money from the account.
3. Personal data and details of both parties.
4. Amount to be paid (in words).
5. Purpose of payment.
6. Type of payment and priority.

Important! Alimony is a first-priority payment, so it is calculated before the deduction of taxes, salary payments and other money transfers.

Alimony under a writ of execution: purpose of payment

One of the most important details of the document is the purpose of payment, which means recording:

• purposes of transfer (alimony);
• grounds for this action (IL or agreement number);
• the period for which the money was transferred (month and year);
• no VAT (according to the law, alimony is not taxed, but it would be better to clarify this fact).

Indicating the above parameters at any time can help prove that the payer complies with the law and regularly complies with court orders.

Procedure for collecting alimony

There are several ways to claim alimony depending on certain circumstances:

As can be seen from the above, the writ of execution is used only in claim proceedings. It is issued on the day the court decision is made.

Collection of alimony in court is carried out as follows:

1. The claimant applies to the court with a statement of claim, in which he indicates his own data, information about the defendant and common children. If there is information about the payer’s work and income, this must also be entered. The application is accompanied by documents such as a certificate of registration or divorce, children's birth certificates, a certificate of cohabitation of minors with the claimant and other materials relevant to the case.
2. When submitting documents, the plaintiff does not pay the state fee - this obligation rests with the defendant.
3. The judge, having considered the presented materials, sets a date for the trial. All parties are notified of this in writing or via SMS.
4. The case is considered on the appointed day. If there are controversial issues, a second meeting may be scheduled. If there are no significant disagreements, the judge makes a decision to collect alimony, then a writ of execution is issued.
5. The writ of execution is handed over to the bailiff or recoverer.

Application for issuance of a writ of execution (sample)

Subsequently, the sheet is sent to the defendant’s place of work. If he does not officially work, but is registered with the Employment Center and receives benefits, alimony will also be withheld from him. When receiving a pension and other social benefits, payments to children are also made.

Expert commentary

Kamensky Yuri

Lawyer

If the alimony worker does not work anywhere and does not receive assistance from the state, he will still be assigned the minimum amount of alimony payments.

In addition to personal visits, the claimant can find out about the initiation of enforcement proceedings using the official FSSP database. To do this, he just needs to enter his full name. and the debtor’s date of birth, after which all the information of interest will appear on the screen:

• Date of initiation of enforcement proceedings
• Case number.
• FULL NAME. bailiff.
• The amount of alimony and the debt for collection.
• Judgment number.

Amount of alimony

According to Art. 81 of the RF IC, the following amounts are established for the payment of alimony depending on the number of common children:

There is an alternative option that allows you to avoid many problems - concluding an agreement. According to it, the alimony voluntarily pays money for the maintenance of minors, and the amount of payments is established by the parties independently, but cannot be less than the shares specified in Art. 81 IC RF.

Unlike a writ of execution, the agreement is not sent to the payer’s place of work. However, it can be used in the future as evidence if the alimony holder evades fulfilling its conditions.

From what moment (day) is alimony calculated according to the writ of execution?

Family law and civil procedural law more than once touch upon issues related to the timing of alimony payments under a writ of execution, so on their basis several rules can be derived:

1. The start date for the collection of alimony is the day the application is filed with the court.
2. The duration of the trial does not in any way affect the accrual of funds, for example, if the claimant filed an application in March, and the court made a positive decision only in April, then the payment for March will also be made.
3. The laws of the Russian Federation try to suppress attempts to recover financial assistance for the past period, however, this issue can be attempted to be resolved in court. The court can agree to a meeting only if there are serious grounds, if the recipient proves that he previously tried to get money by all available means, and the payer evaded this. Then, according to the judge’s decision, it will be possible to recover money for the last three years. Call records, letters, and witness statements are suitable as evidence.
4. The three-year limit applies only to primary claims for financial assistance, that is, if the court has already made a decision and the debtor has not paid anything, funds will be collected from him for the entire period of non-payment, at least two years, at least 15 years.
5. The divorce of parents does not in any way affect the period for accrual of payments; according to the law, their collection can be carried out both during marriage and at any time after its dissolution.
6. As a general rule, the person obligated to support the child financially helps the child until he becomes an adult, but in special cases the period can be increased.
7. You can collect arrears of child support even after the child turns 18 years old. The main thing is to meet the general limitation period (3 years) and file an application before the age of 21.

How is payment made via IL?

Payment depends on the method chosen by the collector to present the tax liability and the nature of the debt. If the debt arose as a result of failure to fulfill contractual obligations, harm or negligence of officials, the claimant may insist on a lump sum repayment. In this case, he has the right to present the IL to the bank, which will write off the amount of debt from the debtor’s accounts. If there are insufficient funds, the bailiff can describe the property and put it up for auction. After the sale, the amount of the debt is sent to the collector, the bailiffs withhold the costs associated with the auction and the enforcement fee, the remaining money is returned to the former owner of the property.

Otherwise, settlement occurs according to IL when payments are periodic in nature. Often this is the collection of alimony. In this case, the deduction is carried out by the accounting department of the debtor's employer in the amount determined by the court. Most often it varies from 25 to 50%; in special cases provided for by law, the amount of deductions can reach 70%.

How to collect a debt under a writ of execution from an individual?

The applicant has the opportunity to recover funds under the IL by contacting the debtor’s bank or the accounting department of the company where the debtor citizen works. Forced collection when contacting a bank is carried out in full if there are funds in the debtor’s account. If there is no information about the place of work or bank account, then the IL must be presented to the territorial department of the bailiff service at the place of residence, place of stay or location of the debtor’s property

Is it possible to revoke the collection of alimony under a writ of execution?

If unforeseen circumstances arise in your life or during the process of considering a case for the collection of alimony, you change your mind about receiving a writ of execution, then you have the right to withdraw it back. If it has already entered into legal force, then there are no restrictions here either, but only the applicant can do this. More details about the intricacies of the review can be found in Federal Law No. 229, Article 36.

As practice shows, most often this happens due to the inability of the alimony payer to comply with the requirements put forward by the writ of execution. This includes only valid, verifiable reasons.

So what could it be:

• Instead of forced collection of alimony payments through the court, the parties agreed to enter into a peaceful mutual notarial agreement, which takes into account the interests of both parties, takes less time and nerves and is equal in strength to the executive decision of the judge. In this case, you need to contact the bailiff service, write a statement revoking the court order and indicate the true reason;
• The claimant changed his mind for various reasons;
• The inability of one of the parties to attend meetings or moving to another city, as a result of which the case is transferred to the bailiff service at the new place of residence.

If at some stage you want to return the court decision, you can do this at any time before the child reaches 18 years of age.

As for the latter situation, the applicant turns to the bailiff who is handling his case and writes a statement with a request to issue a writ of execution in order to redirect him to the service at his place of residence. The claimant can take the enforcement paperwork with all the documents personally, or maybe send it by courier to the FSSP.

Before you revoke the writ of execution, you must understand that from this moment the bailiff ceases to control the regularity of alimony receipts. In addition, if there is a debt, it is not canceled and is obligatory for repayment by the alimony payer, and the judicial demands put forward during the move are preserved and are not re-approved.

Sample application for revocation of a writ of execution

Terms and rules of accrual

It was previously noted that after the court issues a positive verdict, the plaintiff will be issued a writ of execution. It must be given to the bailiffs or sent to work for the defendant.

The calculation of alimony begins immediately after the decision is announced; the payer must immediately pay the amount accrued for one month. Then he pays monthly, guided by the information in the writ of execution. If there is a debt, the amount of payments will increase due to penalties and interest.

Familiarization with the materials of enforcement proceedings

You can also track the presence of alimony arrears on the website of the FSSP of the Russian Federation.

Information about alimony debt on the website of the FSSP of the Russian Federation

The claimant has every right to be interested in the materials of the enforcement proceedings, come to an appointment with the bailiff and find out what requests were sent, what procedures were carried out and submit their own statements with demands to the office.

Reception hours for Moscow bailiffs: Tuesday from 9:00 to 13:00; Thursday from 13:00 to 18:00.

Application for provision of materials of enforcement proceedings for review
You can also request from the bailiff a summary of the enforcement proceedings, which will indicate: when and what requests were sent, what information about the debtor was requested.

Summary of enforcement proceedings

Deadline for presenting a writ of execution for execution (validity period of the writ of execution)

According to the general principle, the period for presenting legal documents for execution is 3 years from the moment the judicial act acquired legal force. Also, 3 years are counted from the date of completion of the deferment period for alimony obligations.

Do not confuse the period allotted for presenting a document and the period given to fulfill the requirements. The time required by the bailiff to execute the IL is not included in it.

If the document is not presented to the bailiff service within the legal period, then the authorized person will not be able to open enforcement proceedings. But the claimant still has the right to apply to the court with a request to restore the writ of execution.

The petition is always required to indicate the reasons that did not allow the transfer of personal information on time; if the court considers them valid, or beyond the control of the claimant, the document will be restored. Valid reasons include a citizen’s long illness, loss of a form during shipment, but ignorance of the law and one’s rights are not suitable as arguments.

What if you lost it, can you restore it and get a duplicate?

The writ of execution, according to which it is necessary to transfer alimony, can be lost by both the claimant and the bailiff or an employee of the accounting department of the company where the debtor works. In this case, for the loss of the sheet, the official is subject to a fine of 2,500 rubles. (Article 431 of the Code of Civil Procedure).

In this case, in the event of a loss due to his fault, the claimant is not issued a fine. If you lose a writ of execution, you must request a duplicate . The applicant can do this. To do this, he must go to court (Article 430 of the Code of Civil Procedure). The court will schedule a hearing on this issue. It will be necessary to provide evidence that the document is indeed lost.

If the decision is positive, at the end of the meeting a duplicate writ of execution will be issued, which has full legal force, and alimony will be transferred according to it, just like the original. If the bailiff has lost the writ of execution before the commencement of proceedings, he is obliged to personally go to court to obtain a duplicate.

If the court refuses the bailiff, he must hand over a certificate of loss of the document to the recoverer. After this, he will independently apply to the court to obtain a new document based on the certificate.

If the loss occurred after the initiation of proceedings, the responsibility for obtaining a duplicate falls entirely on the bailiff.

How is child support withheld?

According to Art. 98, 99 Federal Law No. 229 of October 2, 2007, when withholding and transferring alimony according to a writ of execution, the following actions are performed:

• They calculate alimony after deducting personal income tax from the monthly salary of the alimony payer;
• Specific alimony payments are calculated once a month;
• transfer a certain amount to the recipient's account. This operation is carried out through the mail (postal order is sent) or through a specific bank.

Important! According to Art. 109 of the RF IC, alimony is accrued to the recipient’s account within 3 days from the moment the salary is transferred to the alimony payer.

Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”

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Article 109 of the Family Code of the Russian Federation “Obligation of the organization’s administration to withhold alimony”

How much is alimony calculated?

According to Art. The RF IC, depending on the number of minor children, alimony is withheld in the following amounts:

• for 1 child - 25% of the debtor’s salary;
• for two children - 1/3 of monthly income;
• if there are 3 or more children - 50% of the salary.

Attention! Alimony is withheld from all types of official payments.

According to Art. 101 Federal Law No. 229 of October 2, 2007, in this situation the following are considered non-taxable income of the alimony payer - survivor pensions, funds from maternity capital, compensation for various vouchers, etc.

Article 81 of the Family Code of the Russian Federation “Amount of alimony collected from minor children in court”

Methods for transferring alimony payments

Alimony is listed as follows:

• when transferring money in person - by receipt;
• when making a transfer via mail, bank cash desk or terminals;
• when withholding money from the salary of the alimony payer - according to a payment order from the accounting department of the employing enterprise.

The receipt indicates basic information about the recipient and the alimony payer (including data from passports), the date of receipt of funds and their amount. This document also states the purpose of the “alimony” payment and provides information about the new writ of execution or agreement.

Payment order for alimony calculation

The payment order for the collection of alimony, which is drawn up in the accounting department of the employer of the alimony payer, indicates the following information:

1. Document Number;
2. Date of registration, transfer to the bank and debiting of funds from the alimony payer’s account;
3. Information from the passport and other details of both parents;
4. Amount to be paid (in words);
5. Assignment of monthly payment (“alimony”);
6. Sequence and type of payment.

   
   Sample of filling out a payment order

Attention! Alimony is considered first priority payments. As a result, they are calculated before the deduction of personal income tax, payment of wages and other money transfers.

Purpose of payment

The purpose of payment is considered an important payment detail. This paragraph of the payment order for alimony indicates the following information:

1. Purpose of money transfer (“alimony”);
2. Grounds for transfer of alimony money (number of the writ of execution or agreement);
3. The period for which alimony is transferred (specific month and year).

The payment order also indicates the fact that alimony payments are calculated after personal income tax is withheld from the alimony payer’s salary.

From what day is alimony calculated?

The start date for the transfer of alimony to the recipient’s card or other current account is considered to be the day the claim is filed in court.
The 3-year limit applies only to the initial claim for alimony payments. Attention! If the magistrate’s court has already made a specific decision on the collection of alimony, then if alimony payments are evaded, the entire amount of the debt is recovered from the alimony payer for the entire period of non-payment - for at least 3 years, at least for 11 years.

Monthly alimony payments are collected even after the teenager turns 18 years old. In this situation, they go to court within such a period - until the adult child reaches 21 years of age.

Terms and rules of accrual

The calculation of alimony payments begins immediately after the announcement of the court order.
In this situation, the alimony payer transfers to the recipient a certain amount for 1 month within 5 days. Further, alimony payments are deducted monthly from the debtor’s monthly salary. If there are various alimony debts, the amount of payments is increased by the amount of the penalty. According to Part 2 of Art. 115 of the RF IC, such a fine is equal to 0.1% of the total debt for each day of delay.

Alimony payments are stopped for the following legal reasons:

• when the teenager is 18 years old;
• when a child is abandoned and adopted by a new family;
• upon the death of a minor or alimony payer, etc.

On a note! Becoming disabled, taking a well-deserved rest (retirement) and entering into a second marriage are not considered legal grounds for canceling alimony payments.

The amount and procedure for calculating such money change, for example, if the alimony payer becomes ill with a serious illness (oncology, AIDS, etc.).

Article 115 of the Family Code of the Russian Federation “Responsibility for late payment of alimony”

Document validity period

The validity period of a writ of execution is 3 years from the date a certain court order enters into legal force. The same time is counted from the moment the child comes of age.

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In the absence of a writ of execution, the FSSP does not initiate new enforcement proceedings. In this situation, the claimant goes to court and files a petition to restore such a document.

After the deadline for presenting the sheet has expired, the claimant has another 3 years

This is the statute of limitations during which alimony claims can also be made. At the same time, whenever the sheet is presented, collection must be made for the entire period of non-payment of alimony on it.

So, for example, if alimony was assigned to a child under 18 years of age, and after 16 years of age the payer stopped paying for him, then if he contacts the bailiffs, within 3 years after the end of the period for presenting the sheet, alimony for the period will be collected from him from 16 to 18 years old.

It is important to know that if collection is made from wages, then the law prohibits the withholding of funds from it in an amount exceeding 70%.

Presentation of the sheet directly to the employer

If the payer’s place of work is known, then you can independently submit the sheet for execution to the organization’s accounting department.

To do this, you will need a written application drawn up in any form. It should contain:

• Information about the employee;
• Data of the writ of execution – number, date;
• Data about the collector, including bank details;
• Method of receiving funds.

Often women, when leaving their husbands, show pride and do not apply for alimony for quite a long time. The legislation takes this factor into account, and therefore, mothers raising children alone have the right at any time before the child reaches the age of majority, as well as within 3 years after that, to file a claim for the recovery of funds for their maintenance, and present a sheet for execution.

What is the deadline for submitting the certificate?

When assigning alimony payments, a sheet for them can be presented during the entire period for which such payments are assigned.

So, for example, alimony for children is assigned until the age of 18, and alimony for a spouse caring for a minor child - until he turns 3 years old. This is the deadline for presenting the sheet.

It is important to take into account that in some exceptional cases, at the request of the alimony payer, the court may exempt him from paying funds for the maintenance of a child or spouse. In this situation, the period for submitting the sheet is reduced.

Issuance of the sheet to the claimant

After a positive court decision is made, the plaintiff will be able to receive the original writ of execution. If the plaintiff is unable to appear for the document on his own, or to send his representative to the court, the document will be sent to him by mail to the address specified in the statement of claim.

By the way, according to the law, the plaintiff has the right to ask the court not to issue a writ of execution, but to independently send it in the form of an electronic document via the Internet to the SSP at the defendant’s place of residence.