How to collect alimony: Complete instructions

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If the second parent does not voluntarily provide funds for material support of the child, alimony is collected in accordance with Art. 80, art. 106 of the RF IC in court. You can contact the courts regarding the collection of alimony at any time after the right to receive it has arisen.

Cash payments for alimony are assigned from the date the application is received by the court office, regardless of how long the trial may last. It is also important to remember that alimony arrears can only be collected for the previous three-year period.

Difficulties in collecting alimony after trial

Having received a writ of execution after considering a case in court for the collection of alimony or a court order, it is not a fact that you will be able to get the defendant to conscientiously fulfill the obligations assigned to him.

The situation with voluntary payment of alimony may change similarly when, due to various circumstances, the spouse stops regularly transferring funds and a mortgage arises.

Expert opinion

Stanislav Evseev

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

In accordance with the norms of Federal Law No. 229, which regulates issues related to enforcement proceedings, the task of enforcement is entrusted to the Federal Bailiff Service.

Therefore, the parent whose children are left to support after the divorce must contact the territorial executive body at the place of residence (registration) of the former half obligated to pay alimony.

Alas, the very fact of initiating enforcement proceedings also does not always mean timely receipt of alimony. The payer may have no income, not work, or may refuse to pay them on principle.

Yes, he will be charged a penalty or even be held accountable, but alimony is not guaranteed to reach the recipient.

Let us tell you in more detail how the procedure for collecting alimony by bailiffs occurs.

Rights and responsibilities of a bailiff in collecting alimony

The main task of the bailiff is to ensure that the person obligated to pay alimony pays it on time in full, in the amount specified in the writ of execution.

The responsibilities of the bailiff include:

• applying all measures to ensure the debtor fulfills his obligations;
• providing interested parties with the opportunity to familiarize themselves with documents in enforcement proceedings;
• consider, within the prescribed period, requests from the parties regarding the execution of a court decision or an agreement on the voluntary payment of alimony;
• receive and process information about the person from whom alimony is being collected for the timely execution of enforcement documents;
• initiate a search for the debtor or the presence of property that is in the personal property of the alimony debtor.

Important! In accordance with paragraph 1 of Art. 12 Federal Law No. 118 “On Bailiffs”, the bailiff appointed to collect alimony is obliged to recuse himself if he has a personal interest in the course of enforcement proceedings or in the presence of other circumstances that prevent him from showing impartiality (for example, family ties with the person , from which alimony must be withheld).

At the same time, the bailiff has the right:

• receive information about the alimony defaulter, including his personal data, certificates from various authorities, including from banking institutions about the availability of funds in current accounts opened in his name;
• visit and check the maintenance of financial documents of the enterprise where the debtor works, if the accounting department has a writ of execution for monthly deduction of amounts from wages for child support;
• seize the property or funds of the debtor;
• sell seized property in order to pay off debt obligations;
• summon persons who are participants in enforcement proceedings to perform other actions provided for by law.

On his own initiative or at the request of the recipient of monetary penalties, the bailiff has the right to take radical measures against the debtor if the total amount of debt exceeds 10,000 rubles, up to the issuance of a resolution:

• on the ban on travel outside Russia;
• on temporary restrictions on the use of special rights (practically depriving them of the ability to drive a car and other vehicles).

How to determine the amount of alimony through bailiffs

The amount of forced deductions determined by bailiffs depends on the method of payment of alimony:

• if monthly child support payments are set at a certain amount, the debt is indexed taking into account the increase in the cost of living at the time of filing documents for forced debt collection;
• If the court determines that alimony is withheld in shares of the defendant’s income, the bailiff makes a calculation for the entire period of income received when alimony was not paid. When sending the sheet to the organization at the debtor’s place of work, the employer calculates the amount of alimony;
• if the debtor was not officially employed, the debt is calculated based on the average earnings in the country.

Learn more about how child support is calculated in individual cases.

How to receive alimony payments

Some citizens consider financial payments to be forced if the bailiff service intervenes in their collection. That is, from the moment the executive document is transferred to the executive civil service. However, this is not the case. The collection procedure begins from the moment the application is submitted to the judicial authority or the alimony agreement is submitted to the bailiffs for execution.

The collection procedure begins from the moment the application is submitted to the judicial authority

In the first case, consideration in writ or lawsuit proceedings is possible. When using the order option, requirements are satisfied much faster. But, the main condition in this case is the consent of the alimony provider to pay maintenance. Such consent must be in writing, certified by a notary and attached to the recipient’s application.

Writ proceedings are used only when collecting alimony payments for the maintenance of children. To assign alimony to other persons, a claim must be filed.

If the payer does not agree to the awarded payments or their amount, then he files an objection. They are sent in writing to the court that heard the case. And in this case, the claimant’s claims will be considered in court in the presence of the parties. In this case, the previously issued court order will be canceled.

However, a court decision to determine forced alimony by a dissatisfied defendant can be appealed. For this purpose, there are courts of appeal and cassation. Only after going through the appeal procedure will the court decision gain legal force.

Please note that forced alimony begins to be collected from the moment the judicial authority receives an application for the collection of monetary support.

Then the claimant receives a writ of execution. It must be handed over to the bailiffs for execution. It is this government agency that must control the timely receipt of funds to the recipient.

Let's consider a situation where the writ of execution remains with the plaintiff, but the payer pays the amount specified in the document monthly. Such payments still cannot be considered voluntary. After all, their size was determined by the court, as well as the procedure for making payments.

Collection of alimony through bailiffs

To initiate enforcement proceedings, the interested party needs to submit a written application and an enforcement document to the territorial body of the Federal Bailiff Service, the address of which can be found on the official website.

Also, the plaintiff in a case for the collection of alimony may petition the court to send a writ of execution to the bailiffs.

Lawyers consider the second option to be the most preferable, since if the writ of execution is lost, there will be a greater chance of finding the culprits and finding the document.

Procedure and procedures

You can contact the FSSP either immediately after making a decision to collect alimony and receiving a writ of execution, or later.

Moreover, even if the mother (father) of the child did not take measures to collect the debt, upon reaching the age of 18, the child himself has the right to receive the amount due to him from an unscrupulous parent who evaded fulfilling his duty to take part in the maintenance of minor children.

• Within three days, the application to initiate enforcement proceedings is transferred to the bailiff chosen by the head.
• Having examined the documents, the appointed bailiff issues a decision to initiate enforcement proceedings or to justify a refusal.

When a writ of execution is received for the first time, the bailiff sets a period of five days for the debtor to be able to voluntarily repay the amount of the debt.

Expenses

All expenses incurred in the process of collecting alimony forcibly through executive bodies with the participation of a bailiff are borne by the debtor.

After paying all debt obligations for alimony, the debtor, in addition to direct expenses incurred during the execution of enforcement actions, is withheld from the enforcement fee imposed without initiating separate enforcement proceedings.

The claimant does not bear any costs when submitting a writ of execution for execution.

Statement

In addition to executive documents, in order to be able to initiate enforcement proceedings, the alimony claimant must write an application, certifying the appeal with a personal signature.

Important! The law provides for the right to apply for forced collection of a debt by a representative of an interested party if there is a properly executed power of attorney.

A document is drawn up according to generally accepted rules of office work:

• in the upper right corner they draw up a “header”, indicating to whom the application is addressed and their personal data, residential address, and, if desired, contact phone numbers;
• in the middle of the new line write the name of the document (in this case, an application to initiate enforcement proceedings);
• in the text part, they state the grounds with reference to enforcement documents for the collection of child support (specifying his last name, first name, patronymic, date of birth);
• further state a request to initiate enforcement proceedings and take measures to forcibly recover the due funds;
• the application lists the documents provided;
• at the end they put a date, a personal signature with a transcript of the surname and initials of the name and patronymic.

The sample below can be used to submit a writ of execution to the FSSP.

The sample should not cause any difficulties when filling it out, however, you can always consult with our lawyers completely free of charge by phone or online.

Find out more about the procedure for drawing up and submitting an application to bailiffs for the collection of alimony.

What documents are needed for bailiffs for alimony?

To begin enforcement of the collection of debts from a person evading payment of alimony, it is necessary to attach to the application, depending on the method of collection:

1. In a lawsuit - a writ of execution received after a court decision or, in case of its loss, a duplicate of the document;
2. In writ proceedings - an order for the collection of alimony issued in writ proceedings;
3. By agreement, a notarized agreement on the voluntary payment of alimony (agreement).

Any of the listed documents must be accompanied by:

• an identification document of the applicant (passport; if you don’t have one, an ID with a photo pasted in will do);
• a photocopy and original of the birth certificate of each child, if child support must be withheld for several children;
• indicate the bank details where you can transfer money.

General procedure for collecting alimony

You can achieve regular transfers of funds for the child by mutual agreement of the parents, or through judicial departments. The rules and options for securing alimony obligations are regulated by the Family Code of the Russian Federation (hereinafter referred to as the RF IC). You can set alimony as follows:

• by signing an agreement that will indicate the exact amount of payments or the procedure for determining it, the timing of monthly transfers, and other conditions;
• by applying to the magistrate's court for an order (since the maintenance of one's own children is recognized by law as the indisputable responsibility of the parent, alimony can be collected by order);
• by filing a claim in a magistrate's court or a court of general jurisdiction.

The most common option is to apply for an order. This will avoid the appointment of court hearings, and the judge will issue an order that has the force of an executive document. If the debtor formally objects to the order, the claimant will have to file a lawsuit. You can also bring a claim for alimony payments in other cases - in case of deprivation of parental rights, in divorce proceedings.

Only the use of the listed collection options will allow you to obtain a writ of execution in order to achieve forced payments. Verbal agreements with the second parent will not have legal significance if he refuses to allocate funds or reduces the amount of payments.

The parent with whom the child actually lives or another legal representative can apply for child support. If the child is on state support, the head of the orphanage or other educational institution has the right to submit an application. The child himself will be able to collect alimony payments after reaching adulthood if he needs financial assistance and confirms his inability to work.

Voluntary agreement on alimony

Parents are given the right to enter into an agreement on alimony at any time, including during family relationships or after a divorce. This option will allow you to avoid litigation and forced collection through bailiffs. Let us highlight the key rules that need to be taken into account when drawing up this document:

• In order for the agreement to come into force, it must be put in writing and certified through a notary (until the agreement has a notary stamp, it will not entail obligations for the parties);
• the law equates an agreement to an executive document, i.e. in case of any violation of obligations, it can be brought for collection without recourse to judicial authorities;
• the parties to the agreement can determine the terms and amount of alimony payments themselves, but these conditions must not contradict legal norms.

When agreeing on the clauses of the agreement, the minimum dimensions specified in the RF IC must be observed. For 1 child you need to provide at least ¼ of the income, for 2 children - at least 1/3, for 3 or more children - at least 1/2 of the income. If the payment under the agreement is less than the specified amounts, the notary will refuse certification.

You can get around such restrictions if you provide a fixed amount of payments in the text of the document. The law allows the parties to determine the amount of contributions sufficient to meet the needs of the child. In this case, there will be no problems with determining the amount of payments if the payer’s income increases or decreases. However, please note that it is impossible to revise the clauses of the agreement unilaterally. If the costs of a child have increased sharply, and the previously agreed amount is no longer enough to meet all the needs, you will have to negotiate with the other parent or contact the judicial authorities.

If the debtor refuses to pay under the agreement, the document can be sent to the place of his employment or to the FSSP service. There is no need to confirm the validity of the agreement through the court, nor is it necessary to obtain a writ of execution. If, due to failure to fulfill obligations, a payment debt has arisen, it can be recovered through the court. For enforcement, only the original agreement will be sufficient.

Bailiff's advice . To avoid problems with forced collection, indicate as accurately as possible all the terms of payment in the text of the agreement. It is necessary to determine the exact dates of transfers, details and methods of transferring money, and other nuances. This will eliminate disagreements when the agreement is submitted to the FSSP for enforcement.

Collection of alimony through court

If a parent is not going to allocate money for his child, or this amount is not enough to meet all the needs, alimony can be collected through judicial departments. You can seek legal protection in the following ways:

• apply for an order;
• file a claim if it contains a requirement to determine the child’s place of residence after divorce;
• file a claim if objections to the order are filed.

The text of the application or claim must indicate the personal data and dates of birth of all children subject to recovery. You also need to confirm the fact of relationship with the defendant according to the birth certificate. The applicant is required to indicate how he requests to establish alimony obligations (share ratio or fixed amount).

Sample claim for collection of alimony for a child (children)

What documents are needed?

Mandatory proceedings are of a nature. This also applies to the requirements for documents that must be attached to the application to the judicial authorities. The claimant must submit:

• an application for issuing an order, signed by the claimant himself or his representative by proxy;
• birth certificate for each minor child (a copy of the certificate is submitted, and the judge will certify its authenticity against the original);
• copies of the passports of the claimant and the debtor, since the order indicates the personal and passport data of the parties (if the claimant does not have a copy of the debtor’s passport, you can indicate such information in the application);
• notarized power of attorney, if the documents are submitted by a representative of the claimant.

In cases of collection of alimony, state duty is not paid. Therefore, the applicant does not need to attach a document confirming payment of the fee.

Bailiff's comment . The application does not need to indicate information about the debtor’s place of work or details for transferring money. Such information will be required already at the execution stage through the FSSP service. The judge will only record the obligations in the order and indicate the method and amount of withholding.

Which court to file a claim in?

Procedural legislation provides that claims are filed at the location of the defendant. However, the Code of Civil Procedure of the Russian Federation provides a special exception for cases of collection of alimony payments for children. The claimant has the right to choose where to file an application for an order or claim, including at the address of residence of the parent and child.

Documents are submitted according to the following rules:

• an application for an order must be submitted to the Magistrates' Court;
• if objections to the order are filed, the claim with a similar demand is sent to the same magistrate court;
• if payments are collected simultaneously with the determination of the place of residence of the children, the claim is filed in a court of general jurisdiction.

You can submit documents directly to the court or by registered mail. Please note that you can file a claim at any time as long as the child is under 18 years of age.

Court fee for alimony claim

The collection of alimony is targeted, so there is no need to pay a fee when filing an application or claim. There is also no need to pay fees and charges when receiving a writ of execution or order. If a requirement to establish alimony obligations is included in a claim providing for the division of property during a divorce, the state fee is paid only for consideration of the property dispute.

From when is child support awarded?

The court will order the payment of alimony from the moment the application is filed until the child reaches the age of 18. Therefore, if the claimant does not make such a demand, it will not be possible to immediately recover a large amount “retroactively” for several previous months or years. However, in Art. 107 of the RF IC provides an exception to this rule - alimony can be collected for the previous 3 years if, before applying to the judicial authorities, measures were taken to obtain money for maintenance, but the other parent ignored such requests or evaded help.

Thus, in order to carry out collection for the previous 3 years, you need to prove the facts of filing demands for the allocation of money. Such evidence may be letters, correspondence on social networks and by email, recordings of telephone conversations, and witness statements. If it is not possible to prove such circumstances, the withholding will occur only from the date of filing the application.

Terms of consideration

For issuing orders, the Code of Civil Procedure of the Russian Federation has fixed special shortened deadlines:

• no later than 5 days after receiving documents from the claimant, an order is issued;
• a copy of the order is sent to the debtor, who has the right to submit objections within 10 days;
• if after 10 days no objections have been received, a second copy of the order will be issued to the claimant.

Based on the above rules, the time frame for receiving the order will not exceed 3 weeks, and it will take effect immediately.

The regulated time frames for consideration of claims are significantly longer. In magistrates' courts, cases can be heard within 1 month, and in courts of general jurisdiction - within 2 months. The possibility of suspending the process or extending deadlines (for example, due to the request for evidence) should not be ruled out. The court decision on the claim for establishing alimony payments will come into force immediately after its proclamation, so the claimant will be able to immediately receive a writ of execution.

Procedure for collecting alimony by bailiffs

If the debtor has not paid the amount voluntarily due to the applicant within the prescribed period, the bailiff is tasked with finding possible ways to fulfill the legal demands of the parent who applied.

How the amount of debt is collected depends largely on its size and whether the person obligated to pay alimony has a constant source of income from which deductions can be made.

Example . If the ex-husband is employed, the writ of execution is sent to the settlement department of the enterprise. Moreover, until the debt is repaid, up to 50% of his earnings can be withheld, and in certain situations provided for by labor legislation - 70%.

Consequences for the defaulter:

1. In case of a significant debt and evasion of its repayment, the bailiff collects information about the availability of movable and immovable property registered in the name of the debtor, seizes it, carries out appraisal work and puts it up for sale. Debt obligations are compensated with the funds received. The procedure for seizing bank accounts is similar.
2. An unpleasant surprise for a parent who lives for himself, without remembering about his children, may be a ban on him going abroad until the money for his own child is paid.
3. An even more unpleasant moment for lovers of comfortable trips behind the wheel, who do not pay the required funds for children, will be a temporary ban on driving.

We can conclude that it is not difficult to launch the enforcement mechanism and, with a certain persistence of the bailiffs, it will even be effective.

Stages of participation of the collector in interaction with the bailiff

Let us highlight the main stages of what needs to be done to effectively collect alimony:

1. Receive a document confirming your right to receive payments.
2. Write an application to the bailiff department to initiate enforcement proceedings.
3. Having made sure that enforcement proceedings have been initiated, if possible, provide the contractor with comprehensive information about possible options for debt collection (where he works, the presence of deposits in bank accounts, etc.).
4. If the resolution of the issue on the merits does not move forward, request documents on enforcement proceedings from the bailiff.
5. In case of reconciliation with the ex-spouse and the problems are resolved peacefully, you can revoke the writ of execution.

Who has the right to forced alimony?

Not every citizen has the right to receive financial support. However, even those few people who can make such demands do not always know how to do this. The legislation establishes an exhaustive list of those who can demand alimony payments. These include:

• minors (their legal representatives);
• pensioners;
• ex-spouses;
• pregnant women;
• disabled people;
• women and men, over 55 and 60 years old, respectively;
• adult children who are disabled;
• other family members.

Adopted children and adoptive parents, as well as guardians and wards, enjoy the same rights and responsibilities as children and parents.

Other family members should be understood as grandfathers, grandchildren, grandmothers, brothers and sisters. The law allows for the payment of allowance to cousins, nephews, as well as aunts and uncles. To do this, it is necessary to prove that the alimony recipient received assistance during the period of growing up from the older generation or must take care of a minor who was left without a family.

In addition, women raising children under 3 years of age can claim the above-mentioned payments. That is, in addition to child support, the father will also pay financial assistance to his mother. The situation changes slightly when the child’s parents were not married and the parent did not recognize his child. In this case, before collection, the paternity of the child must be established.