Parents are required by law to provide for their minor children. This is fixed at the legislative level in the RF IC. It does not matter whether they live with children or not. If the parent lives separately, his obligation to support the child is fulfilled through the payment of alimony. Unfortunately, it is not uncommon for such parents to forget about their responsibilities, despite promises made earlier. A parent raising a child can hope for years that the other parent (usually the father) will finally change his mind and begin to help. But if this does not happen, the payee raises the question of how to recover child support for past years.
Payment terms
The general rule states that from the moment of divorce, a parent who lives separately from his child must pay child support. True, in some cases, these payments are made during marriage. Basically, this is done when the parent no longer lives with the family, but the legal divorce has not yet been formalized.
Both in one case and in another case, alimony can be made through the conclusion of a voluntary agreement. But not always the former spouses manage to agree. Therefore, the issue has to be resolved through the court in the same way as to recover child support in previous years. This obligation terminates automatically if:
- the child has reached the age of majority or until that time has become capable;
- he was adopted (adopted);
- the payer of alimony (or the recipient) passed away;
- the child has committed a crime against a parent who is an alimony.
In the case of an agreement between parents, the notary may have other reasons for the termination of payments. For example, spouses have the right to decide among themselves that alimony does not need to be paid anymore when this or that event occurs.
In addition to termination, depending on the circumstances, it is possible to reduce the size of payments. For example, with:
- job deprivation, disability or retirement of the child support payer;
- too much child support to meet the needs of the child;
- receiving a child’s own income;
- remarriage of a parent living with a child, if the new spouse has not adopted (not adopted) the child.
Is it possible to recover child support for the past period?
The obligation of alimony arises not only with the legal divorce, but also with the actual one. Therefore, a parent living with a child may think about how to recover child support in past years, even when the child support person is married. This happens in cases where the mother was not originally going to demand payment, but due to loss of work or other exceptional circumstances, she urgently needed money.
In this case, she is entitled to file an alimony for the previous three years. Recovery, calculation is done on a common basis. The main thing to consider is the statute of limitations, which is three years. But in order to rely on payments, the recipient of the alimony needs to provide the court with evidence showing that the funds in this period are indeed necessary. In the case of repeated appeal to the court, this limitation period is not taken into account.
For example, the mother filed a lawsuit to divorce and at the same time against child support eight years ago. At the same time, the father of the child for the past period has never paid them. A woman may think about whether it is possible to recover child support for past years - all without exception. In this situation, she has every right to do so.
The possibility of receiving alimony arises even when, at the time of filing the claim, the child is already eighteen years old. However, in this situation, it should be borne in mind that there is a limitation period limited to three years. In addition, the plaintiff must be an adult child himself. When applying for a second application, an adult child can recover from his parent not only child support, but also a forfeit.
Calculation of alimony
There are several ways to recover child support in past years. If before there was a court decision or an agreement certified by a notary, and the amount of alimony is set in a fixed amount, then the debt is calculated by adding up payments that have not been made.
In the case of the initial submission of documents to the court, which established alimony as a share of earnings, the calculation can be carried out in one of the following ways:
- the alimony payer provides a statement of income, and payments are withheld in an appropriate share;
- in the absence of a certificate, the average wage currently in force in the region is taken into account, from which the amount of debt formed is determined.
According to the RF IC, payments are set in the following amounts:
- ¼ from the income of the alimony payer for one child;
- 1/3 - for two children;
- ½ - for three and with more children.
If the penalty is calculated, then its amount is 0.5% for each overdue day. Calculation of debt (both alimony payments and forfeits) is carried out by bailiffs. The court does not deal with such issues.
Features of the procedure for initial appeal to court
At the first appeal to the court, it is necessary to collect the full package of documents that will be needed in this case, as well as to draw up a statement of claim. After the court considers the case, it takes an appropriate decision, which is issued to the parties involved in the process. After that (if the defendant does not appeal), the plaintiff is issued a writ of execution.
These documents should be sent to the bailiffs, who will open enforcement proceedings. The further process of how to recover child support for the past period will be dealt with by this service. The duties of its employees include finding the debtor and informing him about the need to transfer money.
They can send documents to his work so that the employer made the appropriate payments. If a large debt has formed, then the bailiffs have the right to seize property owned by the alimony.
A malicious deadbeat, among other things, can be deprived of parental rights.
Features of the procedure for repeated appeal to court
Before applying to the judicial authority again, with the goal of how to recover child support for all years, the payee should first turn to the bailiffs. There he will receive a certificate of confirmation of debt. Bailiffs must also calculate the exact amount of debt.
Armed with a certificate and all other necessary documents, the plaintiff submits a statement of claim against the non-payer. If the court satisfies the requirements, then the recipient of the alimony, having in his hands the decision of the judge and the writ of execution, is again sent to the bailiffs. They re-start the executive case. However, unlike the initial appeal, the bailiffs will not be engaged in receiving alimony, but in collecting the debt. In this case, they have the right to act more harshly, including arresting the property of the debtor, as well as prohibiting him from traveling abroad.
If the idea of how to pull off child support over the past period is a success, then it remains to remember the following. When assigning payments in a fixed amount, they are indexed based on the level of official inflation. When assigning alimony in a share, recalculation is not carried out.
Required documents
To file a lawsuit against the debtor, the recipient of alimony needs to collect the following package of documents:
- passport;
- papers about the birth of children;
- certificate that the recipient of alimony lives with them;
- a copy of a court decision or an agreement on the payment of alimony, if any;
- income statement;
- calculation of the required amount of alimony;
- direct statement of claim.
A plaintiff trying to solve the question of whether it is possible to recover child support for previous years does not need to pay a state fee. Therefore, the corresponding receipt is not included in the mandatory package of documents for the court. In general cases, the case is considered at the place of residence of the alimony payer. But in the presence of various circumstances (for example, a child’s illness), the case can be considered at the plaintiff’s place of residence.
Statement of claim
This document must be prepared in strict accordance with the established rules, otherwise the court will not accept the case for consideration. The easiest way is to turn to specialists who will draw up a lawsuit taking into account the specific circumstances of the case. If this is not possible, then you can use the sample statements that are available both on websites on the Web and directly in the courts. But in any case, you should adhere to the rules, which are as follows.
The statement of claim consists of the following parts:
- the so-called "caps";
- text
- requirements;
- list of attached documents.
The following information should be indicated in the header:
- name of the judicial authority;
- Full name of the plaintiff and defendant, address of residence and contact details of the parties;
- in the presence of third parties, their F.I.O., addresses and contacts.
The following is described and supported by relevant evidence in the text:
- the need to support common children by both parents;
- collection of payments from the parent;
- the presence of debt on alimony;
- other circumstances relevant to the case.
The following are requirements. In this part it is necessary to refer to the current legislation. This is Article 194, “Collection of Alimony for the Past.”
They also indicate a list of copies of the documents attached to the case. And at the trial, you should take the originals with you to bring them to court.
At the end of the application is the signature of the plaintiff and the number.
The claim is made in several copies. One of them remains in court. Another is issued to the plaintiff with a mark of acceptance. The third copy is sent to the defendant. If third parties are involved in the process, then claims must also be prepared for them.
Arbitrage practice
How to recover child support for the past period? The methods boil down to the need to go to court. Despite the fact that during the initial appeal by law it is possible to receive the resulting debt on alimony, in practice this, as a rule, is not enough.
It is not easy to calculate the required amount, since the plaintiff finds it difficult to find evidence that he really needs money. Therefore, it often happens that the collection is carried out from the moment of filing the application to the court.
Upon repeated appeal, the judge will not take a negative decision. In this case, the plaintiff will need to interact more with the bailiffs. It depends on them whether it is not possible to recover child support for past years, and whether this will actually happen or not, and, if so, in what amount.
The actions of the bailiffs
Bailiffs initiate enforcement proceedings within 24 hours after receiving the relevant application. If the debtor does not pay money in the near future, the bailiff has the right to seize his property (with a debt of more than 10 thousand rubles).
In addition to the arrest with the subsequent sale of property, it is allowed to impose restrictions on its use. This is done if the amount of the debt is less than the value of the property.
For non-payment of alimony, the following property may be seized:
- housing, if it is not the only place of residence of the debtor;
- a car that is not the only means of transportation if the debtor is disabled or has a dependent on a disabled person or makes money with it;
- luxuries;
- Appliances;
- cash held in bank accounts.
This property must belong exclusively to the non-payer, that is, not be in joint ownership.
After the seizure, the property may be:
- sold at tenders arranged by bailiffs;
- transferred to the recipient of alimony in kind.
The latter option is possible only with the consent of the recipient of alimony. If the value of the seized property exceeds the amount owed, then the balance of the funds will be returned to the child support.
It is clear that the implementation is likely to be carried out at low prices. Therefore, the debtor, knowing the answer to the question of whether it is possible to recover child support for past years and how to do it, understands that such a development of events is clearly unprofitable for him. To avoid this, it is recommended to deal with debt in the near future. Then the arrest of the property will be lifted.
Conclusion
The reader now knows exactly the answer to the question of whether child support can be recovered in past years. Often in a particular case, a lot of nuances come up that cannot be foreseen in general cases. Alimony proceedings are not an easy process. Therefore, if possible, it is recommended to contact specialists. They will be able to suggest exactly how best to act in a given situation, as well as what kind of algorithm of actions should be followed. This will significantly increase the chances of a successful completion of the case and, as a result, the payment of debt on alimony for the past period.