How long before a warrant is issued for child support

Jail Time for Unpaid Child Support

If you owe back child support, you could face jail time. Learn more.

By Margaret Reiter, Attorney

If you owe back child support, you could face jail time. Here's how this works.

Contempt of Court for Failure to Pay Court-Ordered Child Support

Failure to obey a court order is called contempt of court. If you owe unpaid child support, the other parent can ask for a hearing before a judge and ask that you be held in contempt of court. You must be served with a document ordering you to attend the hearing, and then must attend and explain why you haven't paid the support you owe. If you don't attend, the court can issue a warrant for your arrest. Many courts do issue warrants, making county jails a resting stop for parents who don't pay child support and fail to show up in court.

If you attend the hearing, the judge can still throw you in jail for violating the order to pay the support. And the judge might do so, depending on how convincing your story is as to why you haven't paid.

How to Avoid Jail for Unpaid Child Support

To stay out of jail, go to the contempt of court hearing prepared to show that you have not deliberately disobeyed the court's order to pay child support. You may have to convince the judge that you're not as irresponsible as it appears. Preparing evidence is a must.

Your first step is to show why you didn't pay. If you've been out of work, get a sworn statement from your most recent employer stating why you were let go. If you went job searching but had no luck, provide records of when you interviewed or filled out an application and with whom you spoke. Remember: Disputes with the custodial parent about custody or visitation are never an acceptable excuse for not paying child support.

Next, you must explain why you didn't request a modification hearing when it became evident that you couldn't meet your support obligation. For example, if you've been in bed or otherwise immobilized—depressed, sick, or injured—get sworn statements from all medical professionals who treated you. Also, get statements from friends or relatives who cared for you. Emphasize your most compelling arguments (for example, you couldn't get out of bed), but never lie.

If you spoke to lawyers about helping you file a modification request but couldn't afford their fees, bring a list of the names of lawyers you spoke to, the date you spoke to each one, and the fee the lawyer quoted you. If you tried to hire a legal aid lawyer to help you but you make too much money to qualify for such assistance (or the office had too many cases, or doesn't handle child support modifications), make sure you bring the name of the lawyer and the date of the conversation.

Possible Outcomes at the Contempt of Court Hearing

The judge may put you in jail or may instead order you to make future payments and set up a payment schedule for you to pay any unpaid support. The judge won't reduce the amount of your unpaid support—arrears cannot be modified retroactively—but may decrease your future payments. The judge may also order that your wages be withheld, that a lien be placed on your property, or that you post a bond or other assets.

Judges rarely put a parent in jail for contempt of court. Usually, it happens only if an income-withholding order and a wage garnishment won't work. Courts recognize that a jailed parent cannot earn money to make child support payments.

For information on other methods of collecting child support, including wage withholding orders, liens, posting bonds, and more, see our Enforcement of Child Support Obligations area. If you face a court hearing regarding child support, contact an attorney. A family law attorney who handles child support matters should be able to explain the law and provide you guidance.

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Enforce support

The Friend of the Court is responsible for enforcing child support orders. Many enforcement methods (described below) can be used if a parent does not follow terms of the order.

Income Withholding

An income withholding order can be used to collect both current and past-due support (arrearages). All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods.

Under income withholding, child support and medical support payments are deducted from the non-custodial parent's paycheck. The employer sends the support payments directly to the Michigan State Disbursement Unit (MiSDU). Federal and state laws require employers to honor income withholding orders.

A parent's income from other sources, such as unemployment benefits, Social Security benefits, independent contracting, workers' compensation claims, and insurance claims are also subject to income withholding.

Tax Refund Offset

If the amount of past-due support (arrearages) reaches a certain level (threshold), both federal and state tax refunds can be intercepted to pay support.

The past-due threshold for state tax refund offset is $150. The federal past-due threshold is $150 for cases that receive cash assistance; the non-cash assistance threshold is $500.

For both state and federal tax refund offset, the person who owes the support receives a notice explaining his or her right to object to the tax refund offset and reasons to object. In a joint tax return, a spouse may make a claim to retain his or her portion of the refund.

Show Cause/Bench Warrant

A person who has not paid child support or has not provided medical support can be ordered to appear before the court to explain to the court why he/she should not be held in contempt. This is called a show cause hearing.

If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing.

Lien/Levy

The Friend of the Court or the Office of Child Support can initiate a lien/levy against real or personal property, financial assets, or insurance claims for collection of child support.

License Suspension

Driver's licenses, recreational or sporting licenses (hunting, fishing, etc.), and professional licenses can be denied, suspended or revoked if a parent is behind more than two months in payments.

Credit Reporting

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.

Passport Denial

A parent's passport may be denied or revoked when he or she reaches the past-due support threshold of $2,500.

National Medical Support Notice

Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required.

Pension Account(s)

A Qualified Domestic Relations Order (QDRO) is a support order against a private pension account. An Eligible Domestic Relations Order (EDRO) is a support order against a state or federal government pension plan. A QDRO or EDRO can be issued for current support or past-due support (arrearages).

Surcharge

A judge may order a surcharge be added to a case that has arrearages. If a surcharge is ordered, it will be added to the case every January 1st and July 1st and become a part of the total amount of support owed.

The surcharge is a variable rate tied to five-year United States Treasury Notes, plus 1%.

Criminal/Felony Charges

The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support. Felony non-support charges are generally issued after other child support collection methods have not been successful. Custodial parents may also ask the county prosecutor or Attorney General for felony non-support prosecution.

For additional enforcement detail, review the Child Support Policy manuals.

Application for alimony list of documents in 2023 - Legal support Full list

The list of documents for filing for alimony depends on how they will be collected: in the order of action proceedings, by court order or notarial agreement. If passports and birth certificates are enough for an agreement, then some certificates will also be needed in court. The list also depends on other circumstances. Consider what documents are needed to apply for alimony in a civil or official marriage, after a divorce, for a court or a notary, and whether a receipt for payment of state duty is required. nine0007

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In the article we will tell:

List of documents for alimony by the status of spouses

Parents must equally support children (Article 80 of the RF IC). If one of the parents does not voluntarily invest in the maintenance of the child, alimony can be collected through the court. This is done both in a "civil" or official marriage, and in the process or after a divorce. nine0007

Documents for alimony in an official marriage

In marriage or after a divorce, alimony can be collected in two ways, and for each of them there are separate lists of documents:

124 Code of Civil Procedure of the Russian Federation.
Creditor's passport.
Child's birth certificate.
Marriage certificate.
Respondent's personal information (full name, place of residence (registration), contact means of communication, employment). nine0028
Information about the composition of the claimant's family.
Certificates of income of the payer (confirm the stated requirements).

Statement of claim.
Document confirming that the application was sent to the defendant (for example, a notice of receipt).
Claimant's passport.
Children's birth certificate.
Marriage certificate.
Extract from the house book.
Claimant's income statement.
Certificate from the child's place of study. nine0028
Receipts confirming the purchase of goods for a minor (justification of needs).
Calculation of the amount of alimony.

The statute of limitations does not apply to cases of recovery of alimony, except for the recovery of payments for the past period - 3 years (Article 107 of the RF IC).

The procedure for filing documents for alimony in marriage is described in this article.

Documents for alimony in a civil marriage

If the child's parents were not officially married, paternity is established voluntarily or by a court decision. If the relationship is established, the rights and obligations for the parent come under Art. 48-50 of the RF IC (Article 53 of the RF IC). nine0007

The mother or father with whom the minor is staying can claim maintenance. This is done voluntarily by agreement or by court order.

To draw up an agreement with a notary, you will need:

Passports of the parties.
Children's birth certificate.
Payer's income statements.

If payments are collected through the court, the documents for action or writ proceedings presented above (except for certificates of marriage or divorce) are provided. nine0007

The procedure for filing for maintenance in a civil marriage can be found here.

Documents for alimony after a divorce

Recovery of alimony from a former spouse is most often carried out in court, but an agreement can also be drawn up.

The plaintiff submits to the court:

Passport (his own and a child from 14 years old).
Certificate of divorce.
Birth certificate of a minor.
Information about your earnings. nine0028
Certificate of family composition.

Other documents may be attached. For example, checks indicating the amount of monthly expenses for a son or daughter.

The judge has the right to demand additional information at a preliminary hearing (Article 152 of the Code of Civil Procedure of the Russian Federation).

List of documents for alimony in certain cases

Depending on the specific situation, separate documents may be needed to collect alimony.

The court always submits a statement of claim, the plaintiff's passport and a notice of delivery of the statement to the defendant. nine0007

Support documents after 18 years

Art. 85 of the RF IC establishes the possibility of obtaining alimony for children who have reached the age of majority. A statement of claim can be filed by a child over 18 years of age, or a representative, if he is recognized as incompetent by a court decision.

Several conditions are important for collection:

At least 18 years of age.
Child's disability (any group of disability).
The need for continuous care and medical care, medicines. nine0028
No job.

All this is confirmed by separate documents:

Claimant's passport.
Certificate of disability, rehabilitation program, other materials from medical institutions.
Certificate of unemployment from the Pension Fund of the Russian Federation.

If the parties plan to conclude an agreement, it is not necessary to confirm disability and lack of work. Enough passports of the payer and the recipient.

Support documents if the father is not working

A non-working parent still has to provide for minor children. Alimony in shares of earnings cannot be recovered from him, but you can demand payment in a fixed amount of money (Article 83 of the RF IC).

What the plaintiff will need for the court:

Passport.
Child's birth certificate.
Receipts confirming the purchase of goods for the needs of the child.
Certificate of divorce or marriage (if any).
Income statements.

The procedure for collecting child support from an unemployed father is described here.

Documents for alimony for the maintenance of the wife

According to Art. 89 of the RF IC, one of the spouses may demand alimony from the other in several situations. For example, a wife who is pregnant or on parental leave is entitled to collect payments; disabled spouse in need of financial assistance; husband or wife caring for a child with a disability or an adult child with a childhood disability of group I. nine0007

What the claimant will need depending on the situation:

If you need child support for a pregnant woman: passport, certificates of pregnancy, certificate of maternity leave.
To assign payments to a woman on leave to care for a child up to three years: information confirming the leave, passport, birth certificate of a son or daughter.
For a needy spouse: certificates of income, disability.
For a spouse caring for a common child: certificates of his disability, birth certificate, passport of a daughter or son over 14 years old. nine0028

In all of the above cases, a certificate of marriage between the plaintiff and the defendant is required.

The procedure for recovering alimony for the maintenance of his wife is described in this article.

Can a father file for support for his daughter or son?

How can I apply for maintenance for myself?

How do I reapply for child support?

Documents for an agreement on the payment of alimony

A maintenance agreement is legally equivalent to a writ of execution and certified by a notary (Article 100 of the RF IC). To conclude it with a notary, you will need:

The original passports of the person liable to support and the claimant (usually father and mother).
An official document confirming the family relationship with the child in favor of which payments are made - a birth certificate (with a corresponding entry), a court decision on establishing paternity, adoption, etc.
Payer's income certificate for the last quarter.
Bank details (BIC, TIN).

A receipt for payment of the state duty is also submitted - 250 rubles. (Article 333.24 of the Tax Code of the Russian Federation). nine0007

Documents for the recovery of alimony by parents from children

Disabled parents in need of assistance can collect alimony from adult able-bodied children (Article 87 of the RF IC). To do this, you need to submit to the court:

Certificate of disability.
Certificate of salary or pension.
Rehabilitation program for a disabled person and other documents indicating the need for treatment and the cost of it.

Who pays the state fee when submitting documents for alimony? nine0019

Process	Process of paying the state fee	Reason
Filing a claim for the recovery of alimony from the father (order)	Plaintiff 2 9023 exempt 9023 1 paragraph 1 of Art. 333.36 of the Tax Code of the Russian Federation
On changing the amount of payments	The plaintiff (obliged to support) pays the state duty. It is calculated from the price of the claim, based on the totality of payments for the year (Article 91 of the Code of Civil Procedure of the Russian Federation)	st. 333.19 of the Tax Code of the Russian Federation
On establishing paternity	The defendant pays a fee equivalent to the court fee when filing a non-property claim - 300 rubles. The plaintiff is released	pp.15 p. 1 art. 333.36 of the Tax Code of the Russian Federation

The state duty may differ in each case. For example, if a demand for divorce is filed simultaneously with the recovery of alimony, the plaintiff will have to pay 600 rubles, and in terms of payments for the child, he is exempt from payment. You can read more about the amount of state duty here. nine0007

Lawyer's answers to private questions

Yes. Previously, the courts dealt with this, but from October 1, 2019, statements of claim, along with copies of documents that the defendants do not have, must be sent by the plaintiffs. The document confirming the sending is attached to the application.

Immediately after the decision is made (Article 428 of the Code of Civil Procedure of the Russian Federation). In the future, the recoverer may submit it to the FSSP or at the place of work of the payer.

Yes, but this will require a notarized power of attorney and documents confirming the authority of the representative (Art. 53 Code of Civil Procedure of the Russian Federation). For example, a lawyer needs a warrant, a lawyer needs a law degree. nine0007

It all depends on the situation. If the future payer deliberately hid the birth certificate of the child or the passport of the second party, it is easier to reissue everything on your own. But in most cases, judges request the missing information from the defendants.

The plaintiff will need a passport, marriage certificate, child's passport from 14 years old or birth certificate up to 14 years old, certificate of family composition, income information, notice of delivery of the claim to the defendant.

Expert opinion

The list of documents for alimony always depends on the method of collection: in the order of action, writ proceedings, or by agreement. It also affects who the money will be transferred to.
The plaintiff submits the bulk of the documents to the court, but if necessary, the judge may request the missing information from him or the defendant during the conversation.
After the recovery of alimony through the court, an application for initiating enforcement proceedings, the collector's passport and a writ of execution are submitted to the FSSP. nine0028

How to apply for child support? Step by Step

How to file for child support if the child is not registered with the father

How to file for child support while married?

Is it possible and how to apply for alimony retroactively? Step-by-step instructions

How to apply for alimony through the State Services? Step by Step

How to file for child support if the child's father lives in another city or has moved?

Please tell me what to do in this situation: the husband left home, in April he filed for divorce through the mail. He has been paying the child 5 thousand since February, I want to file for alimony, can I apply for alimony without a divorce certificate ? nine0007

Good evening, Aigul.
Alimony is collected for children regardless of whether the parents are in a registered marriage. The biological father does not live with the children, he transfers a symbolic amount for the children, so you, as the mother and legal representative of the children, have every right to go to court with a claim for alimony at any time.
There will be more questions, please contact.

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The plaintiff will need a passport, marriage certificate, child's passport from 14 years old or birth certificate up to 14 years old, certificate of family composition, information about income, notice of filing the claim with the defendant.

How to file a claim for alimony

When one of the parents refuses to pay alimony for the maintenance of a child, and it is not possible to agree amicably, then Russian law provides for the solution of this issue with the help of the court.

Both parents and the juvenile welfare office are eligible to file a child support claim. But an indispensable assistant in this situation has always been and remains a lawyer for the recovery of alimony.

When the child's parents are divorced, it is quite common to apply to the court for alimony payments and do not require additional evidence. Parents are not married, do not live together, and only one of the parents takes care of the child. But there are cases when parents who are officially married also apply to the court regarding the appointment of alimony payments. Then the one of the parents who files the claim must provide witnesses or evidence that the other parent refuses to participate in the upbringing and maintenance of the child. nine0007

What to do for those parents who have not formalized their relationship

If the parents of the child did not marry, then in this case it is possible to collect maintenance from the parent, but in this case it will be necessary to prove that the defendant is the father of the child. Before filing a child support claim, you must provide a child's metric, which indicates the name of the father and the results of a DNA test to establish paternity.

What to do in order to apply to the court for the recovery of alimony

The modern judicial system provides two options for resolving issues related to the payment of alimony:

Simplified, when a court decision is made without a court hearing.
Ordinary, when the issue of assigning the payment of alimony is decided during the court session.

The court order refers to the first version of the case. Since the judge alone decides on the payment of alimony, studying the documents provided. At the same time, the presence of interested parties is not required, since they do not have controversial issues in the case. When issuing a court order, the judge assigns alimony solely as a percentage of the salary of the one who will pay them. So, for one child, alimony is calculated at the rate of twenty-five percent of the defendant's income. For two children - 33.33%. And for 3 children up to fifty percent. nine0007

Once parents receive a court order in their hands, they can immediately apply to the bailiff service to ensure that it is carried out. In order for the claim to be considered in a simplified form, the following documents must be submitted:

Extract from the place of residence;
Family document;
Income accounting document;
Civil status records of children;
Certificate of civil status of marriage or divorce. nine0028

A court session based on a statement of claim is the most common type of alimony settlement. In this case, a court session is similar, in which each party represents its interests, providing the necessary information to the court, expressing its disagreement. During the trial, the parties may represent themselves or seek the assistance of a professional lawyer.

During the court session, maintenance payments may be assigned in a specific amount, as a percentage, or in a combination of ratios. During such a court session, the issue is resolved not only on the accrual of alimony, but also on the repayment of debts on alimony. nine0007

What documents are required to submit to apply to the court

In order to file a claim with the alimony court, the plaintiff must provide copies of the documents:

Civil status certificate of the child or children;
Passport with a note about the place of registration, information about marriage or divorce, information about children;
Act of civil status.

And original documents:

Certificate from the housing and communal services of the respondent;
Estimated amount of child support payments with a description of the necessary costs for the child; nine0028
Certificate from the housing and communal services of the plaintiff.

The statement of claim must indicate the place of work of the defendant, the sources of his income. This is especially important if we are talking about a defendant who does not officially work or is engaged in business.

The issue of collecting debts for alimony is raised, then in the statement of claim it is necessary to provide a list of the defendant's property.

All documents are submitted with the support application and must be listed on the application. nine0007

Deadlines for filing a child support claim

You can file a child support claim until the child is eighteen years of age. Alimony will accrue from the day the application was submitted. In this case, previous child support debts are not taken into account. If there are several children, then as soon as the eldest child reaches the age of majority, the amount of alimony payments is reviewed in court.

How to proceed when going to court

To file a claim for alimony, you must:

Collect all the documents necessary for the court and make copies.
Draw up an application to the court.
Bring an application to the court. At the same time, it does not matter which court the plaintiff will apply to, at his place of residence or the defendant. Three identical sets of documents are submitted. One set remains in court, the second is given to the defendant, and the third set is registered and returned to the plaintiff.
After the court has considered the application and rendered its decision on it, you must wait until the deadline for a possible appeal expires, and then contact the office to obtain a writ of execution. nine0028
Further, the writ of execution is provided to bailiffs.

In the case of alimony, the applicant is exempted from paying the state fee, but it is necessary to have a passport with you.

Statement of claim for the recovery of alimony for a child

Statement of claim for the recovery of alimony for a child in 2022 is drawn up taking into account the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. It is filed if alimony is needed for a minor or adult child. Payments can be collected in a fixed amount of money (hereinafter referred to as TDS), in shares of the payer's income, or in a mixed form. The statement of claim is one of the most important documents: if it is filled out incorrectly, the court will not consider the case. Consider who can file an application, how to draw it up correctly, what are the features of collecting alimony, how to get a court order, and what documents will be needed. nine0007

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In the article we will tell:

Contents of the statement of claim

The statement of claim must comply with the requirements of the law. The court has the right to refuse acceptance if it is drawn up improperly.

The claim is divided into several parts:

Header of the claim. It indicates information about the parties: full name, address of registration and residence, telephone. nine0028
Descriptive part. In this section, it is necessary to indicate on what basis the alimony is collected, to establish the fact of the relationship of the minor and the alimony, and also to describe all the circumstances preceding the filing of the claim. It is recommended to provide information about what measures were taken by the plaintiff to conclude a voluntary agreement on the payment of alimony with the defendant, what the defendant responded to this proposal and his attitude to duties in relation to the child. nine0028
Regulatory part. It is located before the word “please”, it contains links to regulatory documents, on the basis of which alimony for the maintenance of the child is claimed.
Pleading part. In the section, you need to indicate the procedure for calculating alimony - in a fixed amount and the reasons for this, or as a percentage of income. If there is information about other children, it is necessary to indicate their number so that the court establishes the allowable amount of maintenance payments, based on the rights of other children. If the defendant's total number of minor dependents is not known, you may choose to leave nothing at all other than a share of income to withhold. nine0028
Final part. It prescribes all the annexes to the statement of claim, which were provided by the plaintiff for examination by the court of the subject of the dispute.

Depending on the type of alimony obligations, references to regulatory documents may differ slightly, therefore, before applying to the court, it is necessary to check the compliance of the law with the stated requirements.

Sample claim

The claim is drawn up in three copies. One is sent by the plaintiff to the defendant, the second is submitted to the court, the third is given back with a note of acceptance. nine0007

Documents

To collect alimony, together with the statement of claim, you must submit to the court:

Claimant's passport.
Children's birth certificates.
Certificate of marriage or divorce.
Certificate of family composition.
Claimant's income statements.
Information about the defendant's income (if any).

The claimant has the right to provide copies of checks and receipts establishing actual expenses for the child. They may be needed both for the collection of alimony and for reimbursement of additional expenses. Especially if TDS payments are required. nine0007

Procedure and terms of consideration

Step by step the procedure is as follows:

The district or city court receives a statement of claim and documents.
The judge accepts documents for proceedings within five days (Art. 133 Code of Civil Procedure of the Russian Federation).
The parties are sent a ruling with the date and time of the preliminary meeting.
A pre-session is held, after which court proceedings are appointed by ruling.
Based on the results of the proceedings, a decision is made, the plaintiff is issued a writ of execution. nine0028
Copies of decisions are issued to the parties to proceedings in court within five days from the date of adoption in the final form (Article 214 of the Code of Civil Procedure of the Russian Federation).

The case is considered for one month (Article 154 of the Code of Civil Procedure of the Russian Federation), but in practice it takes more time. Having received a writ of execution, the recoverer has the right to present it to the FSSP or the organization at the payer's place of work. Payments will be received no later than three days from the date of salary calculation on a monthly basis (Article 109 of the RF IC).

Application for a court order

A court order is issued in a simplified manner, subject to the provisions of Ch. 11 Code of Civil Procedure of the Russian Federation. The rules of litigation do not apply. The court issues an order without calling the parties, copies are then sent to the payer and the recoverer.

Sample Application

A court order is issued only if there is no paternity dispute. If the plaintiff needs to prove the fact of paternity, then action proceedings are opened.

Documents

When applying for an order, you must submit:

Passport of the applicant;
Birth certificate of the child, which lists the defendant as the father of the minor;
Divorce documents, if the marriage has ever been entered into;
Certificate of payer's earnings.

Procedure and terms of consideration

The plaintiff must apply to the justice of the peace at the place of his own registration or residence, or at the defendant's address. He is given the right to choose.

Consideration of the case under the simplified procedure takes 5 days. The court issues a court order for the recovery of alimony and sends it to the parties. The respondent has the right to raise objections. If the court considers them justified and cancels the order, alimony can be recovered in the course of action proceedings (Article 129 of the Code of Civil Procedure of the Russian Federation).

Defending a Child Support Claim

How to Write and File a Child Support Reduction Claim

Cancellation of a Child Support Order

Who can file a claim

Most often, claims are filed by parents with whom children remain. If we are talking about alimony for an adult child, he himself can apply to the court.

Who else has the right to collect maintenance:

Guardians of children.
Brothers and sisters of a minor, if they are recognized as guardians and look after him.
Other guardians and trustees of children.
Guardianship authorities, if they received an appeal from the child himself, who has reached the age of 14, or from his representatives. nine0028

Even if the mother or father is deprived of parental rights, this does not exempt from maintenance obligations to the child (Article 71 of the RF IC). You still have to pay money. They can be collected by the second parent or guardianship by a court decision.

Peculiarities of recovery of alimony

Payments can be collected in the order of action or writ proceedings. In the first case, the case is considered with litigation and summoning of the parties, in the second - without it, and the order is issued within five days. nine0007

It will not be possible to obtain a court order for the recovery of alimony if the payer is a citizen of another state, or payments in the TDS are needed - only in the course of action proceedings. You can submit an application at the place of residence of the plaintiff (Article 29 of the Code of Civil Procedure of the Russian Federation), it is not necessary to go abroad.

Reasons for refusal to accept the statement of claim

According to Art. 134 Code of Civil Procedure of the Russian Federation, they can refuse to accept an application for the recovery of alimony if:

The documents were submitted to the wrong court. nine0028
There is already a court decision that has entered into force in the same dispute with the same parties in connection with the conclusion of a settlement agreement or with the plaintiff's withdrawal of the claim.

The refusal is sent to the plaintiff within five days from the date of filing the claim. If the plaintiff does not agree with the refusal, a private complaint can be filed against the determination. The court may refuse to accept a claim if it is drawn up in violation of procedural norms.

Judicial practice

A lot depends on a correctly drawn up statement of claim. The plaintiff needs to correctly substantiate his claims with references to applicable laws, otherwise the chance of satisfying the claims is small. nine0007

Let's look at a few examples of decisions in real cases:

A father has collected maintenance for his daughter from her retired mother. By decision No. 2-617/2019 2-617/2019 ~ M-639/2019 M-639/2019 dated December 9, 2019 in case No. 2-617/2019, the defendant was ordered to pay 1/4 of all types of income monthly.
The administration filed a lawsuit to deprive the mother of parental rights and collect child support. Decision No. 2-223/2020 2-223/2020 ~ M-186/2020 M-186/2020 dated May 28, 2020 in case No. them. Payments in the amount of 15,343 rubles. recovered. nine0028
A woman collected maintenance in the amount of 1/4 of the income of the defendant, who transfers payments for two more minors by court order (Decision No. 2-1549/2020 2-1549/2020~M-824/2020 2020 in case No. 2-1549/2020).

Lawyer's answers to private questions

Is it necessary to send a copy of the statement of claim for the recovery of alimony for an adult child to the first wife of the ex-husband, if he transfers money to her for minors under a writ of execution? nine0007

Yes, it is necessary, because the first wife in this case is a third party, and the case may affect the maintenance paid to her for children. She has the right to defend her interests in court if they are violated (Article 43 of the Code of Civil Procedure of the Russian Federation).

Yes, combining such requirements is allowed. In addition, the court itself is obliged to resolve this issue during the divorce, if the parties do not draw up an agreement (Article 24 of the RF IC).

In theory, everything is possible, but in practice, courts collect payments for adult children only if they have a disability and need financial support (Article 85 of the RF IC). By law, parents are required to support children only up to 18 years of age, and to reimburse the cost of paying for the university, even under Art. 86 of the RF IC - no reason. nine0007

No. By order, only payments in shares of the payer's earnings can be recovered, since when determining the TDS, the court must consider the circumstances of the case and the financial situation of the parties.

How do I file a claim for child support if I can't go to court in person?

You can send documents to the court by registered mail with acknowledgment of receipt or use the GAS "Pravosudie" system by sending everything electronically. It is important that the plaintiff has a profile in the ESIA (Unified Identification and Authentication System). nine0007

Expert opinion

A claim for maintenance is filed with the city or district court at the address of the plaintiff or defendant. It is the plaintiff's choice.
If the defendant canceled the court order for the recovery of alimony or the plaintiff combined several claims, the money is collected in the order of action proceedings.
The defendant pays the state fee for the consideration of the case.
If there is no dispute between the parties about the appointment of alimony, it is easier to apply for a court order. nine0028
The order will be issued within five days, but the decision is made after the consideration of the case, about a month after the filing of the claim.

Collecting child support is not easy. You can get advice from our lawyers absolutely free. It is enough to tell about the problem in the online form and get options for solving it in a few minutes!

Claim for divorce and recovery of alimony

Amount of alimony for one child

Payment of alimony for a child after 18 years of age

Collection of child support for a disabled child before and after 18 years

How to refuse child support?

How do I get a child support report?

Hello! Please write, the father of the child has not paid child support since July 2017, before that he paid a fixed amount. Can I claim child support for this period too? those. since July 2017?

If maintenance is provided for by a court decision or by agreement of the parents, debt collection is made for the entire period of non-payment. It is possible to demand a debt from a defaulter even after the child reaches the age of majority. In addition, judicial practice confirms the inheritance of alimony debt: the obligation to pay passes to the heirs of the payer in the event of his death. nine0007

Calculation and collection of alimony debt is carried out by a bailiff.
In this case, the recipient has the right to demand a penalty for each day of delay in court - 0.1% of the debt. If the person liable to support provides evidence of the absence of guilt in the formation of debt, the amount of debt can be reduced, and even canceled.

Hello! In a statement of claim for alimony, is it mandatory to indicate the defendant's passport data, or is it possible only the full name and address of the place of registration? nine0007

The list of data on the participants in the process to be included in the claim is defined in Art. 131 Code of Civil Procedure of the Russian Federation. Such information includes: the name of the parties, the address of their place of residence.

It is not necessary to indicate the series and number of the defendant's passport. The absence of this information is not a significant shortcoming preventing the movement of the statement of claim for the recovery of alimony. The main thing is not to resort to abbreviations,

, especially for the full name and place of residence. It is better to write the actual address, as the court will send court summonses. If possible, contact means of communication of the defendant should be indicated. nine0007

Hello! I applied for child support for my main job. My husband already had a second job, but I did not indicate it in the application. How to apply for a part-time job?

Good morning, Marina.
You need to notify the bailiff who is conducting enforcement proceedings on your writ of execution that the former spouse has an additional and official part-time job. The bailiff will send a resolution and a copy of the writ of execution for the recovery of alimony. nine0295 There will be more questions, please contact.

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Yes, combining such requirements is allowed. In addition, the court itself is obliged to resolve this issue during the divorce, if the parties do not draw up an agreement (Article 24 of the RF IC).

How do I file a claim for child support if I can't go to court in person?

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Deadline for presenting a writ of execution for alimony \ Acts, samples, forms, contracts \ ConsultantPlus

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Deadline for presenting a writ of execution for alimony

A selection of the most important documents upon request Deadline for presenting a writ of execution for alimony (legal acts, forms, articles, expert advice and much more). nine0007

Alimony:
Alimony obligations of children for the maintenance of parents
The alimony obligations of spouses
Alimony in 6-NDFL
Alimony in a solid amount of
Alimony of individual entrepreneur
more ...

In what cases a writ of execution is not issued
Collection of debt under a writ of execution
0027 Amendments to the writ of execution
Return by the Bank of the Executive Leaf
more . ..

Judicial practice : The deadline for the executive sheet for alimony

Open the document in your system ConsultantPlus:
Selection of court decisions for 2020: Article 113 "Determination of alimony debt" of the RF IC
(R.B. Kasenov) The court refused to satisfy the claims of the plaintiff - the recoverer of alimony for a minor child in enforcement proceedings to recognize as illegal the inaction of the bailiff-executor, expressed in the refusal to calculate the debt on alimony; on the obligation of the bailiff-performer to calculate the debt. At the same time, the court recognized the conclusions of the trial court that the provisions of paragraph 2 of Art. 113 of the Family Code of the Russian Federation are of a general nature in relation to paragraph 1, since the fault of the alimony non-payer is presumed, therefore it is necessary to calculate the debt for the entire period from the moment the alimony is collected. As the court pointed out, as a general rule, the recovery of alimony for the past period is carried out within the three-year period preceding the presentation of the writ of execution for recovery. Alimony for the past period may be recovered within a three-year period from the date of applying to the court, if the court establishes that prior to applying to the court, measures were taken to obtain funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony from their payment . In the case under consideration, there is no evidence in the case file confirming that the debtor evaded the payment of alimony. These circumstances indicate that there are no grounds for recognizing as illegal the inaction of the bailiff in terms of calculating the debt. nine0007

Open the document in your consultantPlus system:
Selection of court decisions for 2020: Article 107 "The deadlines for applying for alimony" of the RF
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