Consider the terms of payments that await the alimony payer in court proceedings. If the applicant chose the simplified option (applied for a court order), then the consideration of the case and execution of the writ of execution will take five days from the date of submission of the application to the court. However, in this case there are a number of nuances.

Writ proceedings are only possible if:

• the parties have reached an agreement on the conditions for when and how much alimony must be paid; nine0006
• Parents do not need to dispute the claim or establish paternity of the defendant;
• the defendant has no other minor dependents on child support.

In the event that the child support payer decides to challenge the court order within the prescribed ten days, then the entry into force of the order will be canceled and the applicant will have to file a full claim for the recovery of alimony. If all issues between the parents are resolved, then, according to the simplified version, the period for receiving alimony will come two to three weeks after the application is submitted to the court. nine0003

In case of a lawsuit, the terms will be as follows: within 5 days after filing a lawsuit, the judge accepts the case for consideration, another five days the materials are studied and prepared for trial. The decision itself is made by the judge within one month. Next, a writ of execution is drawn up, which is sent to the work of the defendant or the bailiff.

It is also worth considering that the defendant can file an objection or challenge the judge's decision within 10 days.

Obviously, it is impossible to determine the exact timing of the first payment of alimony for claim proceedings. However, if the verdict is passed and all parties agree, then the decision of the judicial body comes into force at the time of announcement. nine0003

When will the first child support be received?

Executive documents are executed and transferred to the employer. How long do I have to wait for my first child support payments? Then the writ of execution goes to the accounting department. The responsible officer conducts the document, after which maintenance payments will be withheld from the payer automatically and sent to the recipient every month.

The deadline for receiving the first alimony is three days after the payment of the basic salary to a citizen (Article 109 of the RF IC). Money can come at any time within three working days, so the alimony recipient should take into account that you should not expect receipts on weekends. nine0003

If the enforcement documents were transferred to the bailiff service, then the collection terms will be different. The bailiff must draw up enforcement proceedings, notify the defendant, provide him with the opportunity to voluntarily pay, and only then demand alimony payment by force. The procedure for collecting debts is given in Article 102 of the Federal "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ.

The exact terms of payments are not specified in the law, which means that it is not possible to calculate the date of the first payment in this case. Payment for the provision of a minor child can. nine0003

Leave the task to professionals. Lawyers will complete the order at the cost you specify. You do not have to study laws, read articles and understand the issue yourself.

How long an application for alimony is considered

Getting financial support for a child as soon as possible is the cherished dream of many parents with whom a child remains after a divorce. Turning to the courts for help with the recovery of alimony, the parent-applicant counts on the speedy consideration of his claim and the issuance of a writ of execution upon request. nine0003

The timing of consideration of an application for alimony depends on a number of factors, including:

• Collection method: court order or lawsuit;
• Existence of additional requirements, in addition to alimony;
• The position of the defendant, his evasion from appearing in court or opposition to the consideration of the case;
• The position of the plaintiff, the timeliness of his notification of the court about the impossibility of appearing at the hearing.

Let's try to consider each of the options in more detail. nine0003

Magistrate's Court

According to the general rule of jurisdiction, alimony is within the competence of justices of the peace. Unless the applicant has filed, along with the maintenance claim, additional claims considered by the district court.

In the magistrate's court, alimony can be collected in two ways:

• Through writ - if the defendant's income is known, he does not hide himself, recognizes paternity; - if there is a dispute about the amount of alimony or the method of their collection.

Deadlines for consideration of an application for alimony in a lawsuit?

The total period for considering a claim for alimony in the Magistrate's Court cannot exceed 1 month. In reality, if all parties come to court by the appointed date, the decision can be made earlier.

Within the same period, the judge has 5 days to accept the statement of claim for the recovery of alimony or refuse / leave it without movement.

Like a court order, the alimony decision is subject to immediate execution and the court employees issue the writ of execution on the same day, sending it to the bailiffs or handing it over to the claimant. nine0003

Judgment can be appealed no later than 30 days from the date of its finalization. If a complaint is filed, the executive document is withdrawn, and the process of considering the complaint may be delayed for another 1-2 months.

Note: An applicant may also file a divorce request along with the alimony claim, but this will not affect the maximum hearing time.

District Court

A request for maintenance will have to be filed with the District Court if:

• Paternity is disputed or established with him;
• The alimony claim is filed together with the division of property upon divorce;
• A claim for alimony was filed when considering a claim on the procedure for communicating with a child, his upbringing and determining his place of residence.

If, for example, the demand for the recovery of alimony already accepted by the justice of the peace was supplemented by a counterclaim from the defendant to challenge paternity, then the judge is obliged to send the case to the district court according to jurisdiction. In the district court, the period for considering a claim for alimony cannot exceed 2 months. nine0003

BUT! If an examination is required in a paternity case or the division of property is delayed, the actual period for consideration of alimony may be delayed up to six months!

The appeal process can also take several months, including 30 days for the decision to take effect and a further 1-2 months for the appeal hearing. For the time of appeal, the action of the writ of execution, even if it was issued immediately, is suspended.

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Legislation

From a legislative point of view, the specifics of the collection of alimony are regulated by the UK, the Civil Code and the Code of Civil Procedure of the Russian Federation. The procedural code determines the procedure, terms for the adoption of documents and consideration of the case. The latter depends on the type of production - claim or order.

In the Russian Federation, there is a simplified procedure for collecting alimony by filing an application for a court order. It is convenient in that the presence of the parties is not required to make a decision.

The type of production is also relevant for the order of consideration. The result is the execution of a court document, on the basis of which the collection of funds is made. nine0003

Citizens can draw up a maintenance agreement at any time. In this case, there are no statutory deadlines. The payer and the recipient independently decide the issue of the frequency and amount of payments.

Litigation

Litigation involves filing a claim for the recovery of alimony with the court at the place of registration of the defendant, and in the absence of such an opportunity, at the address of his residence.

The process is as follows:

1. Claimant files claim and attached documents. The judge has 5 days to accept the case for consideration. At this time, he determines whether the requirements of civil law regarding the execution of documentation and jurisdiction are met. If the case is not considered by this court, the claim is returned to the plaintiff with detailed explanations of where to apply.
2. Within 5 days, a ruling is issued on the preparation of case materials for proceedings, if the judge is satisfied with the content of the documents and all legislative nuances are observed. Notifications are sent to the parties to the proceedings indicating the date of the first meeting. nine0006
3. Art. 154 of the Code of Civil Procedure of the Russian Federation states that cases on the recovery of alimony are considered no more than 1 month. This time is given to the judge to make a decision.
4. Based on the results, the operative part of the decision is announced, a writ of execution is drawn up.

1 month is given to appeal the decision, after which it comes into force and is transferred to the bailiffs for execution. The recoverer can also apply with a writ of execution to the organization at the place of employment of the payer. nine0003

The decision is executed without delay, but the right to challenge remains with the parties to the proceedings. The plaintiff must independently apply with the document and IL to the bailiffs or to the accounting department at the address of the defendant's work. Without this, no payments will be made.

Writ proceedings

The legislation of the Russian Federation provides for a simplified procedure for collecting alimony - writ proceedings:

1. The collector sends an application to the court for the issuance of a court order. You can do this at any time during the validity period of the grounds for the collection of funds. nine0006
2. The judge draws up an order within 5 days, the assistant or secretary notifies the claimant and the debtor of the execution of the document.
3. The recoverer takes the order, a copy of it is sent by the court to the payer.
4. The maintenance person has the right to appeal the document within 10 days from the date of execution by sending the appropriate objection.

After the objection is accepted, the assignment of alimony is carried out in a lawsuit. Making an order is relevant if there is no dispute between the parties about payments. nine0003

A court order is equivalent in legal force to a writ of execution. The recoverer has the right to present it to bailiffs, an accountant or to agree with the alimony person on voluntary payments.

If the payer transfers money on his own for some time, and then the payments stop coming, a penalty begins to accrue - 0.1% of the amount owed for each day of delay. To collect a debt, it is enough to present an order and bank statements, where the date of the last transfer will be visible. nine0003

What nuances are important to consider:

1. If the payer has maintenance obligations to a third party, an application for an order is not submitted. The assignment of payments is available only by filing a claim, since the participation of the other party in the proceedings may be required. You cannot apply if the person liable for support is already paying money for the maintenance of another child.
2. When the debtor files a reasoned objection to the annulment of the order, the judge may not refuse. The recoverer in such a situation does not have the right to re-apply with a similar application - you need to file a claim. nine0006

Important! It is recommended to file an objection to a court order in person or remotely using online services. By resorting to the help of the Russian Post, you can skip the deadlines for appealing. Even if the payer is not guilty of this, it is problematic to restore them.

What percentage of the salary is alimony?

Application for alimony to the accounting department

Application for alimony in a fixed amount of money

Appeal against a court decision

After the court decision is drawn up, the parties to the proceedings are given a month to appeal, but execution is possible immediately after the plaintiff receives the document. Contestation during this period is made by filing an appeal with the body that made the decision, but the complaint is subsequently transferred to a higher court.

If the appeal is filed immediately with the Board of Appeal, the documents are redirected to the judicial body whose decision is being contested (Article 321 of the Code of Civil Procedure of the Russian Federation).

Art. 327.2 Code of Civil Procedure of the Russian Federation, appeals are considered no more than 2 months. As a result, an appeal ruling is issued. It is appealed against within six months from the date of entry into force in the court of cassation. nine0003

Art. 329 of the Code of Civil Procedure of the Russian Federation, the appeal ruling enters into force immediately after issuance.

If the deadlines for appealing the court decision are missed, the procedure is carried out only in cassation. In Art. 382 of the Code of Civil Procedure of the Russian Federation says that cassation in case of an unclaimed case is considered for 1 month, in case of a claimed case - 2 months. The report starts from the date of receipt of the complaint.

When do the first payments start?

The beginning of the first payments depends on the organization where the claimant applies with IL or a court order for recovery. nine0003

If the deductions are made at the initiative of the bailiff, the following terms are set:

1. 3 days the FSSP employee is given to initiate enforcement proceedings, 1 day - to draw up the relevant resolution and notify the parties.
2. The payer can voluntarily make a payment within 5 days. After the specified time, a performance fee (7% of the amount) may be charged. The bailiff has the right to apply enforcement measures: arrest of bank accounts, property, deprivation of a driver's license, etc.

When applying to the accounting department at the place of employment of the debtor, payments are made within 3 days after the transfer of wages to him, and so every month.

Examples

To understand in detail the timing of the start of payments, just read the practical examples:

Recovery through the FSSP

IL was received on May 15, presented to bailiffs the next day. On May 18, enforcement proceedings were initiated. The debtor has 5 days for voluntary repayment - until May 23 inclusive. nine0003

He did not fulfill this requirement, the IL was presented to the accounting department of the organization at the place of work of the person liable for maintenance.

Recovery through the accounting department

The woman received the IL on April 10, 11 presented to the accounting department of the enterprise at the place of employment of the payer. The salary is paid in two installments - every 15 days - on the 16th and 30th (31st).

The first accrual was made on April 19, because the accountant is given 3 days from the date of salary transfer to pay alimony. nine0003

How the child support case is handled in court

Maintenance of common children after divorce is a legal obligation of both parents. If they failed to agree and did not conclude an agreement on the amount and procedure for paying alimony, which must be notarized, then the court will decide the issue after the request of the parent with whom the child lives.

Claimant's preliminary actions before the court session

Statement of claim subject to the provisions of the Code of Civil Procedure of the Russian Federation;

Documents proving the identity of the child and the plaintiff - birth certificate or passport; nine0003

Statement of living together with the child - from the house book;

Document confirming payment of the state fee;

Certificates of property status (if necessary).

The claim in the number of copies equal to the number of participants in the trial is filed either personally or by a representative, and can also be sent by registered mail with a mandatory description.

After receiving the claim, the judge sets a date for a preliminary court hearing to clarify the disputed issues, at which attendance is not required. The date, time and place of the court session is set, and all interested parties are notified about it. nine0003

Court procedure

The plaintiff must have the original passport, documents and summons.

In the courtroom

The judge checks the presence of interested parties, and in case of failure to appear, finds out how valid the reasons are, and adjourns the meeting in the absence of data;

The issue of a possible challenge of members of the court is being clarified;

The judge reads out the obligations and rights of the parties, informs about the audio or video recording of the process, if any;

nine0002 The plaintiff and the defendant ask each other questions on the merits, then the debate of the parties begins, during which the parties argue their point of view;

The judge in the deliberation room makes a decision, the effective part of which is announced immediately. Within 5 days, the other parts of the decision are issued to the parties in the office.

If the court decision is satisfactory, the plaintiff submits a writ of execution to the bailiffs for immediate execution. The defendant may appeal the decision within 30 days. In order not to give arguments for appeal, it is better to consult with a family lawyer. nine0003

Code of conduct in court

The judge and members of the court should be addressed as "dear court".

It is necessary to answer the questions of members of the court and the parties to the process on the merits, without interrupting the opponent.

Sitting or arguing is not allowed, as is the use of coarse language, for which a fine may be imposed.

A fine may also be imposed for scandal in court outside the courtroom.

Questions to be asked to the parties

A variety of questions can be asked to the plaintiff without telling the court

About their income, if it is high enough;

Personal animosity against the defendant, which is the only reason for filing a claim;

About your personal needs.

Questions to the defendant may relate to his income, his ability to negotiate with the plaintiff, as well as possible agreement with the plaintiff's demands.

It is better for the Respondent to dispense information according to the situation:

About the difference in official and real incomes;

Intention to ignore a court order to pay alimony. nine0003

Please note that if the defendant fails to pay child support, he may be imprisoned for up to 1 year, depending on the circumstances.

To prepare correct documents, taking into account all the significant circumstances of the case for filing in court, as well as to prepare for the trial, consultation of a family law lawyer will help. Our lawyers are ready to advise you and protect the interests of you and your child in any instances.

General processing times

How long it will take to resolve the child support issue depends on the following:

1. The positions of the parties and other potential participants.
2. Availability of necessary documents, correctness of registration of the application. In some cases, evidence has to be requested, and sometimes it takes a long time.
3. The need for participation of experts and specialists.
4. Prominence of the location of the payer, since if the address of the father is unknown, then he can be put on the wanted list, or a meeting can be held without his participation. nine0006
5. Presence of other disputes. If the plaintiff wants to resolve other issues, then the case will drag on for a long time.

These factors affect how long the dispute will be considered.

If in order to make a fair decision it is not required to involve specialists, conduct examinations, determine the amount of penalties and search for the defendant, then the case will be resolved by order. In this case, the whole procedure will take 5 days.

If it is necessary to involve witnesses and experts in order to resolve the dispute, as well as to hear the arguments of the parties, then the case is considered in the general claim procedure. In this case, the issue is resolved within 2 months, sometimes the process may be delayed. nine0003

At the same time, the claimant does not need to worry, since the alimony is accrued from the first day of filing a claim. But deductions are made only after receiving the procedural document.

Acceptance for proceedings

The first stage takes 5 days, during this period of time, the court decides whether to accept the application. If the execution of the application does not meet the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, or not all documents are attached, then the application is returned for revision.

If there is already an effective decision on the dispute on the assignment of payments, then the claim is not accepted, and a decision on refusal to accept is issued by the competent person. But this happens only if a woman filed a lawsuit on the same grounds, against the same person, then the court issues a ruling on refusal. nine0003

If the rules of Article 131 of the Code of Civil Procedure are observed, the court will accept the appeal, and issue a ruling on acceptance, and send the summons to the participants.

Preparing for the meeting

At this stage, the parties are summoned to the state institution, the presence of all necessary evidence and certificates is checked, additional petitions and demands may be made. In practice, it often happens that the preparation is carried out 3 times. If all papers are provided, and the parties are on call, then the date of the main meeting is set. nine0003

Trial (arguments of the parties)

This stage is the most important, it listens to the arguments of the parties, examines the evidence and conducts expert examinations.

What to do after applying for child support

The dissolution of a marriage by parents is not at all a reason for one of them to stop funding their minor children. Cases for the recovery of alimony are one of the most common and understandable in judicial practice. However, you should not rely entirely on the experience of your friends - each case is individual. Therefore, it is important to have a clear understanding of the mechanism for applying for alimony, the process of calculating and paying it. nine0003

Possible options: where to go with an application for maintenance

In the issue of the appointment of alimony, the legislator assumes variability. Parents of a child can choose a convenient way to financially support their child. Naturally, spouses can agree on the maintenance of the child orally, but this format of relations is not of a legal nature. Accordingly, it is not a guarantee of fulfillment of obligations. At the same time, the existence of payments (especially if the money was transferred in cash from hand to hand) is almost impossible to prove in court. nine0003

In order to guarantee the observance of the rights of the child and protect both spouses, former or current, the law provides for three official documents on the basis of which alimony is paid:

• Voluntary agreement of the parties
• Writ
• Writ of execution

An agreement between the parties on the payment of alimony is always the easiest and preferred option. In order to take into account all the details and mutual claims of parents in the future, the lawyers of the Planet of the Law company recommend that when compiling it, seek help from family law specialists. The presence of a lawyer in the process of discussion and signing excludes the possibility of pressure of the parties on each other or the distortion of the terms of the contract in someone's favor out of ignorance. nine0003

The voluntary agreement must be notarized. After that, it has the same legal force as a court decision.

A court order, although it is a coercive measure, is an easier option compared to traditional office work. It does not require a large number of meetings, summoning witnesses to court and a full-fledged trial.

An application for the recovery of alimony is submitted to the World Court and the judge single-handedly makes a decision on it. In the case of applying to a magistrate, the defendant must have a place of work, which the applicant confirms with documents. It is important to take into account the fact that alimony will be assigned exclusively in shares, and the defendant can appeal the decision of the justice of the peace without giving reasons. nine0003

The writ of execution is the most complicated procedure in terms of the process. It implies the filing of a statement of claim with the court of first instance (global or district) at the place of residence of the plaintiff or defendant. The trial will take place with the hearing of the arguments of each of the parties and may result in several court hearings.

Read on our blog: How and where to file for alimony after a divorce?

Terms for applying for alimony

Alimony will be calculated depending on the type of document providing for their payment. If we are talking about a settlement agreement, then all amounts, the terms of the contract must be spelled out in it, the procedure for payments is provided (at a time, in installments, monthly, or another format of financial relationships that suits both parties).

When it comes to the recovery of alimony in court, Article 107 of the Family Code provides that a person who is entitled to alimony can apply for them at any time. The statute of limitations for a statement of claim in this case is not limited and you can use it at any time while the right to receive alimony is valid. There is only one exception - when, under a settlement agreement, the defendant regularly paid, and then the payments stopped for some reason. In this case, the claim period is 3 years. nine0003

The legislator also provided for a three-year period for the collection of alimony for the previous period. In order to be entitled to demand payments for the past time, the applicant must prove in court that he took steps to obtain them - he searched for the debtor, made attempts to negotiate peacefully. Or when the alimony payer evaded payments (intentionally delayed the process, hid income, etc.).

It is worth considering one more nuance. The Supreme Court of the Russian Federation gave an explanation regarding the situation when paternity is established in court. In such a case, maintenance can only be awarded from the date of filing of the claim and no payments can be applied for the previous period. This is due to the fact that the man was not recognized as the father of the child before the court decision. nine0003

Alimony does not have a statute of limitations

Time is money or how long to wait for alimony

If everything is clear with a voluntary agreement - the parties themselves set the terms of payments, then it is necessary to deal with the recovery of alimony by force.

Regardless of whether the case will be considered by a justice of the peace or a district court, the period from which the calculation of alimony is counted is the moment the application is submitted to the appropriate authority. The magistrate has 5 days to issue a court order. If we are talking about a statement of claim, then the office work begins within a month. It all depends on the number of meetings for which the consideration of the dispute will stretch. Accordingly, by the time the process ends, the defendant may already owe a round sum of money. nine0003

Getting a positive decision on the appointment of alimony is only half the battle. To start receiving money, you need to initiate enforcement proceedings. To do this, the creditor must receive a court decision or take a voluntary agreement and transfer it to the FSSP. The bailiff will tell you how to write a statement and must consider it within 24 hours. A copy of the decision (no later than the next day after the decision is made) must be sent to the recoverer, debtor and the court that issued the document. nine0003

It should be borne in mind that in court a decision will be made on the monthly payment of alimony. The payer can list them both independently and the accounting department of the company in which he works. In the second case, the payment must be made no later than 3 days after the payroll. For delay, civil liability in the form of a penalty is provided and other sanctions may be applied, up to criminal liability.

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