Period for which child support can be collected

Duration of the right to receive alimony

According to general rules, children have the right to financial support (receiving alimony) from their parents from the moment of birth until they reach 18 years of age. In some cases established by law, this period may be reduced. Thus, parents' child support obligations end before their child turns 18 if he or she has acquired full legal capacity as a result of marriage or emancipation.

Other family members recognized by the court as incapacitated and in need also have the right to alimony. These are children over the age of 18, parents and spouses or former spouses. They must be paid alimony for the entire period of their incapacity and need.

When can I apply for payments?

The right to sue for child support has no statute of limitations. This means that a citizen has the right to use it, regardless of when it arose. For example, a woman had a child from an extramarital relationship. However, due to the fact that she earned good money and did not need financial support from the child's father, an application for alimony was not filed.

When the child was 7 years old, the woman had financial difficulties. Does she have the right to apply for alimony? Answer: yes, it does. This right will remain until the child turns 18 years old.

Period for which child support can be collected

Alimony payments are designed to ensure that the child, after the parents’ divorce, receives financial resources for his maintenance. The procedure and timing of payments are regulated by the relevant court decision or agreement between the parents. As a rule, these issues between those divorcing are resolved immediately after the termination of the marital relationship is formalized.

However, sometimes the issue of paying alimony does not arise until a certain time. In such a situation, a legitimate question may arise as to for what period the current legislation allows the collection of alimony.

The answer is simple, if the claim for alimony payments was not filed in a timely manner, then by law you can count on accrual of payments for the last three years.

The situation looks fundamentally different when an application for alimony was submitted earlier, but the compensation payments themselves were not made. In this case, alimony debt arises, and it has no statute of limitations.

Methods of paying alimony

You can receive alimony for the past time in two ways:

• by mutual agreement of the parents;
• by court decision.

An agreement between parents to pay child support for the past period confirms the fact of a responsible attitude towards the child and is therefore the most optimal option. The agreement can stipulate payment for any past period. In addition, by mutual agreement, you can choose the method of paying child support that suits both parents.

A properly executed agreement is an official document and has full legal force. There is no requirement for mandatory notarization of an agreement on the payment of alimony for the past period. However, if desired, former spouses have the right to do this.

Unfortunately, a civilized approach to resolving issues regarding the maintenance and upbringing of children after parents’ divorce is rare. Much more often the issue of alimony payment has to be resolved in court.

Despite the period that has passed since the right to alimony payments became available, you should not apply for alimony for more than the last three years. In accordance with the requirements of the law, the court will decide to pay child support for the last three years.

Conditions under which it is possible to collect alimony for the past time

If alimony for the past period is paid on the basis of a mutual agreement, then, naturally, there are no conditions. The contract can specify certain requirements, but most often they will relate to a specific situation.

If the issue of collecting child support payments is decided in court, then there are a number of requirements, failure to comply with which may give rise to a negative decision.

Firstly, after the divorce was filed, there was never any appeal to the court regarding the collection of alimony. If the former spouse does not pay alimony according to an already made decision, then a claim should be filed to collect the existing debt.

Secondly, there was never an agreement on voluntary payments for the child.

Thirdly, during the time after the right to payments became available, the parent who would receive them made attempts to come to an agreement with the other parent. The fact of these attempts must be confirmed by documents or testimony.

Fourthly, the failure to claim the right to alimony payments is not related to the reluctance of the plaintiff, but depends on the behavior of the second parent, who hid, evaded payments, and so on.

If these conditions are met, you can file an application with the court to recover child support payments from the second parent. Most often, the courts side with the parent with whom the child remained after the divorce and force the second parent to pay financial resources for his maintenance. The period for which you can force your ex-spouse to pay alimony is 3 years.

When does the right to collect alimony for the past period end?

There are situations when the parent with whom the child lives is no longer entitled to demand child support payments. Termination of such a right occurs on grounds depending on the method of payment. For child support payments by mutual consent of the child’s parents:

• upon the death of either the person obligated to pay alimony or the person receiving it;
• upon termination of the alimony agreement or any of its provisions.

For alimony payments ordered in court, the right to claim alimony is terminated:

• if the child has reached the age of majority;
• if the child is adopted by another person;
• if, before reaching adulthood, the death of either a child or a parent obligated to pay child support occurs.

Alimony payments are subject to regular indexation. Its calculation is the responsibility of the organization that collects them. If, according to a court decision, maintenance payments are made in an amount that is a multiple of the minimum wage, then, naturally, there is no need to carry out a separate indexation procedure.

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Voluntary payments for a child

Alimony obligations can be enshrined in a contract (agreement) concluded between a citizen obligated to pay them and a citizen entitled to receive them.

The parties to the contract are free to agree on any conditions that do not contradict the legislation of the Russian Federation. So, for example, the contract may stipulate the payer’s obligation to pay alimony in the assigned amount for the past period established by agreement of the parties.

The alimony agreement must be concluded in writing, with mandatory notarization.

For what period can alimony be collected?

The rule states that financial assistance is awarded starting from the day the claim is filed in court. For example, if the application was received for consideration on April 11, 2021, then the calculation of alimony will begin from this date.

The legally defined circumstances of the case allow the mother to count on a long period of time for the accrual of monetary support, namely three years, provided for in paragraph 2 of Article 107 of the RF IC. But the court gives such an opportunity if the applicant proves that:

• the defendant did not provide financial support to the child;
• the plaintiff did everything in his power to obtain child support from his father;
• The defendant deliberately avoided paying financial assistance to the minor.

These circumstances must take place at the pre-trial stage. Under such conditions, alimony for the past period can be recovered in full. But the main difficulty is collecting evidence of the defendant’s evasion of a legal obligation.

For how many years can you collect child support from a father?

A mother raising children alone and not receiving financial support from the children's father has the right to sue for child support. According to the general rules, the start date for calculating alimony is the day the court receives an application from her.

Attention! When sending a claim by mail, the day of receipt of the application will be considered the day of delivery of correspondence to the addressee specified in the notification.

However, in cases established by law, alimony can also be demanded for the past period. The maximum period for which a claim can be made is three years.

Is it possible to collect alimony for previous years - judicial practice

Gr. Z filed a claim against gr. And about the collection of alimony for the daughter, including for the past period. The magistrate granted the plaintiff’s demands for child support, but refused to accrue money for the past three years.

The basis was the insufficient amount of evidence gr. F about the defendant’s evasion of the obligation to pay financial assistance to the child. This is considered a difficult task. Therefore, cases where mothers managed to claim funds for the elapsed time are extremely rare.

Collection of alimony payments for past years

When filing a claim to recover funds for the past period, the plaintiff will need to prove in court that he previously made attempts aimed at receiving money from the defendant, but he evaded fulfilling his obligations.

Such attempts include:

1. Confirmed attempts by the plaintiff to conclude an agreement (agreement) on alimony with the defendant;
2. Submission by the plaintiff to the defendant of demands for payment of alimony;
3. Filing an application to the magistrate's court for the issuance of a court order, which was subsequently canceled;
4. Other measures duly confirmed.

All facts and circumstances that the plaintiff will refer to in his application must be documented by him.

Such supporting documents may be:

• Inventory of attachments in a valuable letter, notifications of delivery of correspondence to the addressee;
• Documents given to the defendant against receipt;
• Other written evidence indicating the plaintiff’s attempts to obtain alimony payments from the defendant.

Is it possible to collect alimony for the past period?

Art. 107 of the RF IC provides for the possibility of collecting financial support for a child not only for the future, but also for the past period. However, judicial practice indicates the presence of a number of restrictions.

The court will recover funds for the crime of a minor for the past period if:

1. The claimant took measures to withhold funds in the past. You cannot demand financial support for the past if the recipient has not previously declared a need for money. Information can be communicated to the payer in any way. Which allows you to set the circulation period. For example, sending letters, filing an application to the magistrate’s court for the issuance of a court order,
2. In the past, the relationship between the payer and the child was officially established. Therefore, when collecting alimony once paternity is established, it is impossible to withhold funds from the past. The resolution of the Plenum of the Supreme Court establishes the impossibility of making payments in such a situation, since the alimony provider and the minor were not yet connected by official family ties.

The maximum period for collecting financial support for the past period is 3 years. However, there is no need to confuse the collection of alimony for the past and the collection of alimony debt. If the funds have already been assigned by court decision, but the payer has formed a debt, then the payment period has no statute of limitations.

Important! It is impossible to withhold financial support for the past time if the child lived with the payer during this period.

Example. Citizen R. went to court to collect alimony for her son. The child's parents divorced 3 years ago. The woman moved to another city. During the period of her placement, the minor lived with his father. The mother was able to pick up the child only after 2 years. After this, the father did not pay child support. The woman wanted to recover funds in court, including for the past 3 years. The man proved that the child lived with him. The court refused to satisfy the demands.

Procedure

The right to apply for alimony is granted to the child’s legal representatives and officials:

• parents;
• guardians/trustees;
• adoptive parents;
• adoptive parents;
• head of an orphanage;
• specialists from the district guardianship department;
• prosecutor's office

Algorithm of actions for retaining funds over the past time:

1. Collection of evidence.
2. Filing a claim.
3. Referral to court.
4. Obtaining a court decision.
5. Sending the writ of execution to the FSSP.

When going to court, the applicant does not pay the state fee. When collecting material security, plaintiffs are exempt from making payments.

But the procedure is not completely free. A citizen will need legal assistance when filing a claim and collecting evidence.

However, you should first obtain legal advice. This service is provided free of charge by the specialists of our website. Just leave a request.

Evidence base

A prerequisite is the absence of assistance in the past. This fact must be proven. The main reason for refusal to satisfy claims is the lack of evidence. Therefore, you need to prepare carefully.

The plaintiff must provide the following information:

• civil passport of the claimant;
• child's birth document;
• document on divorce or marriage with the defendant (if available);
• civil passport of the child (aged 14 to 18 years);
• an extract from the house register (registration of the claimant and the child jointly);
• information about attempts to collect funds.

The plaintiff must confirm his authority.

Document options

The following may be included as evidence:

• printout of correspondence on social networks, instant messengers, SMS;
• letters sent with acknowledgment of delivery and copies of letters;
• information about the cancellation of the court order at the request of the defendant;
• recording telephone conversations;
• witness statements.

The defendant may refute the plaintiff’s arguments by presenting:

• receipts for the purchase of children's things;
• account statements about the transfer of funds;
• receipts for receipt of funds;
• receipts for payment of expenses for the recipient and the child.

Important! Data on opening a bank account in the name of a minor and regularly depositing funds into it are not grounds for refusal to satisfy the request. The child himself cannot withdraw money, and the legal representative can do this only with the consent of the district guardianship department. Therefore, such amounts are considered a gift to the child and are not taken into account when calculating the debt.

The court will not take into account as evidence the lack of funds to conclude a notarial agreement. Although processing the document is expensive (in 2021, depending on the region - from 6,000 rubles), the law provides for free options for collecting funds.

Sample statement of claim

The statement of claim must contain the following information:

• name and address of the court;
• details of the child’s legal representative;
• information about the defendant;
• title of the application;
• information about the applicant’s credentials (mother, guardian, orphanage specialist);
• child data;
• information about the lack of financial assistance for child support;
• information about the measures taken;
• reference to law;
• requirements;
• list of attached documents and number of copies;
• signature

Sample statement of claim for the collection of alimony for the past time

It is necessary to state in detail:

• how the woman informed the defendant about the need to make payments;
• were there any attempts to formalize a notarial agreement;
• whether an application for a court order was filed and the reasons for canceling the writ of execution.

Sending documents to court

The applicant may submit the application as follows:

1. Personally.
2. By mail.
3. Through a trusted person. The representative must have a civil passport and a notarized power of attorney.

In 2021, there is no possibility of filing a claim online.

Important! It is possible to recover funds for the past time only through legal proceedings. A court order cannot be issued in such matters.

For how many years can you receive alimony?

In order for the court decision to be executed, it is necessary to submit documents to the SSP. However, plaintiffs do not always do this in a timely manner.

According to the law, an executive document on alimony can be presented to the SSP regardless of how much time has passed since the date of its issuance. The main thing is that it is presented during the period when the claimant had the right to receive alimony, or within 3 years from the date of expiration of this period.

However, it is possible to receive alimony under a writ of execution only for three years preceding the date of submission of documents to the SSP. When submitting a claim to the BSC, there is no need to explain the reasons for the delay in submitting documents for execution.

How are alimony debts collected after filing an application with the SSP?

Based on the documents provided, the bailiff issues a resolution indicating the full amount of the alimony payer’s debt.

If the debtor has funds in his accounts or property, the debt can be repaid at the expense of these funds or property. If financial resources are not available, the amount of debt will be collected from earnings.

Every month, a share of alimony, as well as part of the debt, will be withheld from the salary of a working debtor in such a way that the total amount of deductions does not exceed 70 percent. In this amount, deductions will be made until all outstanding debt is fully repaid.

How much time should pass in 2021 from the beginning of filing a claim until receiving alimony?

According to the general rules, alimony is calculated from the date the claim is filed in court. The period for consideration of the case is one month. The decision is subject to immediate execution. This means that the plaintiff is immediately given a writ of execution, with which he can go to the SSP.

Conclusions:

1. A citizen has the right to sue for alimony during the entire period of validity of the right to receive alimony;
2. If the plaintiff proves in court that he previously made attempts to collect alimony from the defendant, but the defendant avoided paying it, the funds can be recovered for the period preceding the filing of the claim, but not more than three years;
3. The writ of execution can be presented to the court during the entire period of validity of the right to receive alimony, and within 3 years from the expiration of this period, but money can be recovered from it only for the three years preceding the submission of documents to the SSP.

Procedure for paying alimony

The law precisely prescribes a detailed procedure for actions in the event of the need to collect alimony for the past period. This is possible in the following situations.

1. In the absence of an agreement on child support, and if there has been no recourse to court during the period after the divorce. It is possible to recover alimony payments for the past period only when an agreement on voluntary payment has not been concluded between the husband and wife, and the court has not previously considered a claim in this regard. Such a moment may mean that the mother simply did not use her right on time, which remains with her for a set period. There may be quite a few reasons why the mother did not previously apply to the courts immediately after the divorce, but this nuance has no significance for the collection of alimony payments.
2. Collection of alimony can be demanded only for a period of no more than three years, in contrast to arrears of alimony in the event of refusal to pay.
3. If attempts to claim child support were made immediately after the divorce process, but were unsuccessful. It is not at all easy to prove that after the divorce there were attempts to collect alimony from the ex-spouse. What usually happens is that after a divorce, the wife tried to resolve the issue of financial support with her husband on a voluntary basis and avoid litigation. At that time she did not think to record the conversation on a voice recorder or camera, so she also has no evidence. In some cases, it is very difficult to contact your ex-husband (works abroad or has no permanent residence). Such situations significantly slow down the time of communication and negotiations. It is much more difficult to prove that all the things that were purchased for the child during the time after the divorce were purchased by only one parent.
4. When non-receipt of alimony occurred only due to the fault of the former spouse, and not due to the reluctance of the mother. In this case, telegrams, letters, messages addressed to the defendant, as well as eyewitness evidence would be appropriate as evidence in this case.

If it has already become clear that it is impossible to agree with your ex-spouse on the payment of alimony on a voluntary basis, then it is already worth starting to prepare for the trial. An appeal to the courts should be supported by the necessary documents and possible evidence.

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Where to go if your ex-husband does not pay child support on time

1. During pre-trial time, a copy of the agreement on the need to provide for the child must be sent to the defendant with notification of its receipt.
2. After the trial, it is necessary to regularly send letters to the ex-husband informing him of the fact that expenses for the maintenance of a common child are provided exclusively by the mother. If there are no answers to them, then this fact will be strong evidence of refusal to pay child support.

There is only one case in which a spouse can be acquitted - proof of his incapacity for work during the period after the divorce, associated with a serious illness or injury (must be documented).

Receiving alimony for the past period, after the divorce of the spouses, is possible in only two ways:

• by concluding an agreement to provide for the child on a voluntary basis;
• by going to court to force collection of payments.