Art. 107 of the IC of the Russian Federation is devoted to the deadlines for the collection of alimony according to family law. Despite several suggestions of which it consists, its application is associated with numerous nuances. This is partially due to the subjects of treatment (for example, in the case of children over 18 years of age).
Statute of limitations
Unlike civil law, family law significantly limits the application of statutes of limitations. And in the article under discussion, which affects child support, a different wording is used. The term “restraint period” is more applicable, characterized by the impossibility of their restoration or extension.
Who has the right to demand
Art. 107 SK RF refers to any person who has the right to recovery. Children come to mind first, but the list is not limited to them. The law provides the right to demand alimony in court, regardless of how much time has passed since the moment such a right appeared.
At the same time, it ceases from the moment a child reaches 18 years of age (adulthood). Exception - cases when the child continues to study or, due to illness, needs additional help.
The law, speaking of illness, implies ailments leading to disability. Their influence is such that pensions and state aid are not enough.
After coming of age, the child has the right to raise the issue of debt. We will talk about this below.
Judicial Enforcement
We turn to paragraph 2 of article 107 SK of the Russian Federation. According to its provisions, payments are assigned from the date the court made the decision. It should not be confused with the day it takes effect. GIC gives a one-month period for this.
The law gives the right to immediately issue a writ of execution at the request of the plaintiff and turn it over to execution, without waiting for the expiration of the appeal period and the time allotted for other procedures.
For what period is collection
Art. 107 SK RF allows you to sue or file an application to issue an order for a three-year period before appeal to a judge. For example, the registry of the court registered the application on 01.01.2010. In this case, the deadline for recovery is 01.01.2007.
The court decides to recover if the plaintiff previously took measures to receive alimony, while the defendant evaded.
The list of evidence of evasion includes letters, messages sent using mail services, mobile communications. An attempt to obtain a court order, which was canceled at the request of the debtor, according to the explanations, relates there too.
The applicant has the right to recover also a forfeit. It is calculated by the bailiff conducting the case. A decision is made in which the amount of the debt and the penalty accrual scheme are signed. Her recovery is carried out in court. In fact, the applicant is supposed to receive another court order.
In judicial practice, there are statements on the collection of debts on previously issued judicial acts. In such cases, the provisions of Part 2 of Art. 107 SK RF do not apply.
If there has been an actual payment of alimony
The parent does not always pay alimony with coercion; many fulfill their duty voluntarily. It happens that no documents remain, and the ex-spouse (most often) submits documents for recovery. Nothing testifies to previously paid money. The only thing that remains for the defendant to do is to provide receipts from the post office or bank statements confirming the fact of postal transfers.
Despite the absence of the purpose of payment, systematic payments are taken into account by the court as alimony. Loss of documents makes it impossible to defend oneself in such a situation. This is what court practice looks like under Art. 107 SK of the Russian Federation.
The meaning of the agreement between parents
Parents have the right to agree among themselves on the amount of alimony, having drawn up an agreement with a notary.
The only condition: the amount of payments in favor of children should not be less than the minimum established by law. The right remains to increase them.
If the parent obligated to pay refuses to fulfill the agreement, the second parent has the right to appeal to the bailiffs.
In what size is the recovery made?
Art. 107 SK RF does not say anything about the amount of the collected alimony. The law provides the judge with a choice of recovery methods:
- in shares;
- in hard cash;
- in both forms at the same time.
The judge should not lose sight of the financial situation of the parties, for example, the presence of other children, a new spouse, other factors affecting the financial situation of the parties. From the day the debt arose, it can seriously change.
Child right
Adulthood gives the child the right to personally demand assistance from the parent. According to Art. 107 SK RF with comments, this is allowed under the following conditions:
- debt arose prior to the date of coming of age;
- the debt was formed due to the fault of the parent;
- The right of claim is transferred exclusively to the child.
If no statements were previously sent to the court by the second parent, the court will decide on recovery no more than 3 years before the appeal.
Finally
Keeping a child is the duty of the parent, which he must fulfill, regardless of the circumstances.
If, for some reason, the application for support is submitted to the court rather late, the judge has the right to collect the debt for 3 years, provided that the plaintiff takes measures (letters, attempts to obtain a court order, etc.) before that.
If enforcement proceedings were already opened earlier, no restrictive deadlines are introduced.
It should be noted that each situation has its own characteristics, without which it is impossible to achieve a positive court decision.