Parents are required not only to educate their offspring, but also to provide them financially. And it doesn’t matter if they live with their family or not. If the spouses decide to divorce, then the responsibilities of the parent do not stop with leaving the family. They are carried out through alimony, which is paid until the children reach the age of majority. However, if the parent did not transfer the money on time, and the debt for child support after 18 years has accumulated, then it is possible to collect it through the court.
Debt Management Situations
There are several documents that are grounds for the return of alimony. These include:
- SK RF;
- FSSP Letter No. 12/01-2961-AP of 2009
Despite this, the debt on alimony after 18 years is sometimes recognized by the court as irreparable. At the same time refer to Art. 43 of the law on enforcement proceedings No. 229-. But the collector has the right to count on the repayment of the debt. You just need to know all your rights in order to be able to fully use them.
Norms to be studied
- The cessation of child support is referred to in article 120 of the RF IC.
- The termination of the case by the court is referred to in Art. 43 of the law No. 229-FZ.
- Article 69 of the IC of the Russian Federation establishes the grounds on which they can deprive the rights of the parent (in which the child’s right to housing the negligent parent is preserved).
When do they stop paying child support?
Obligations for the maintenance of children are terminated not by any desire, but in an automatic manner. This occurs in the following cases.
- If an agreement has been concluded and the period of validity indicated in it has expired, or events have occurred that are stipulated by the agreement as termination of its validity.
- If a child has become an adult or a minor, upon the occurrence of some reason, it is considered to be fully competent.
- If the child is adopted or adopted. In this case, the parent raising the child marries another person who takes the child under guardianship. After paperwork, payments are stopped.
However, when they stop paying alimony, the question of whether the debt for alimony after 18 years remains, is not even raised.
What to do to repay the debt?
Debts are formed due to the fact that the parent who left the family did not pay child support for a certain time. According to the law, the collector has the right to demand a child support debt after 18 years, as well as before reaching adulthood. A parent who refuses to pay the debt that has accumulated earlier for the maintenance of his child and after he has reached the age of eighteen years, bears the same responsibility as with payment for a minor. Responsibility comes under civil, administrative, and in some cases criminal law.
You can receive child support debt after 18 years by going to court or directly to the bailiffs. One way or another, in order to receive alimony, the applicant must have an executive document that dates back to the child's coming of age. As such, a voluntary agreement concluded between former spouses and certified by a notary, an order issued by a court, or a writ of execution may be such. If the collector does not have any of these documents, then the legal representative of the child raising him (usually his mother) did not go to court and, therefore, did not need child support. Thus, it is considered that there is no debt in this case.
Recovery through bailiffs
If there is a writ of execution in the form of a court order, agreement or writ of execution, which were received before the child reached the age of majority, the collector may apply to the bailiffs in order to receive the debt for alimony after 18 years. To do this, write a statement. On its basis, bailiffs will take the following actions.
- They will initiate business for the return of debt.
- They will calculate the amount of alimony, as well as the penalty for payment to the recipient.
- The debt collection process will begin.
At the first stage, a letter is sent to the defendant, which sets out information about the beginning of enforcement proceedings, as well as the amount necessary to pay off the debt. It is proposed to return the debt voluntarily. This will avoid bringing the debtor to administrative or criminal liability. During the same period, bailiffs collect information on the debtor: his place of work, income, bank accounts, property owned by right of ownership.
The bailiff has the right to apply coercive measures if the payer does not pay off the child support debt after 18 years. How to recover his money, there will be no problem. The FSSP is currently endowed with broad powers. In particular, the bailiff conducting enforcement proceedings has the right to withhold the necessary amounts from the debtor's income, seize bank accounts in order to repay the debt, and even seize property with its subsequent confiscation and sale. The process will continue until the full amount, including interest and penalty, is paid to the claimant. The amount of the penalty is standard. It is 0.5% for each overdue day.
Court recovery
If the father who has left the family refuses to pay the debt, and the bailiffs cannot recover the necessary amount, the recipient has the right to go to court with a lawsuit. The court needs to understand the following points:
- with the amount of debt;
- debt collection measures after a child reaches the age of eighteen;
- transfer of funds to a claimant.
Debt collection after child support after 18 years may be accompanied by various measures, including the seizure of property and bank accounts. If the applicant immediately appealed to the court, and not to the bailiffs, then upon receipt of the writ of execution he should send a document to the bailiffs who will be involved in this case.
Features of debt
There are no statutes of limitations for the enforcement of a judgment. Even if the collector demands a repayment of the debt under an executive document adopted 10 years ago, the necessary actions must be taken to repay the debt under alimony. If by this time the child has already become an adult, then the exactor is he, and not his legal representative (usually in the person of the mother). To receive money, the property of the debtor, including real estate, can be sold.
In the presence of a large debt, as well as certain actions on the part of the debtor, he can be prosecuted, up to imprisonment for up to one year. Moreover, this punishment does not exempt him from the obligation to pay the debt for alimony in full.
Nevertheless, the collector, as well as the debtor, should be aware that in the presence of debt that has accumulated over a very long time, the full amount will not be available. In this case, there is a time limit: three years. This means that it does not make sense to go to court when the child is twenty-one years old, since the payment period has expired for this child support debt after 18 years.
The ability to not pay debt
Claimants can apply to the court, regardless of their age, in order to receive debt for alimony. If they do this on time, and the court will satisfy their decision, the enforcement document will be valid for any period. Thus, it will not lose its legal force even after 5 and 10 years. Therefore, if there is one, a child who has reached 18 years of age has the right to rely on payments, taking into account all forfeits and other payments, according to the writ of execution. The debtor has a choice: to continue to hide from the performance of his obligations and bear legal responsibility for this, or to pay voluntarily the alimony debt after 18 years. How not to pay him? The only option is to withdraw from the life of the claimant. The death of the debtor will not solve the issue, since in this case his debt will be transferred to the heirs. To accept the inheritance, you have to pay every penny.
Debt collector forgiveness
It is not necessary to act forcibly. There are situations in which the debt remains, but the alimony has no opportunity to return it. In this case, an adult child has the right to forgive his parent the entire amount or a certain part of it, reducing the total debt. But for this, it will also be necessary to file a lawsuit, within the walls of which the collector will have to abandon claims against the debtor. To do this, write a disclaimer. The consent of the parent raising the child is not required, since an adult has the right to act on his own behalf. An exception to this rule is the presence of disability, which limits the legal capacity of an adult. However, in this case, not only the child support debt that has accumulated until the age of eighteen years remains, but sometimes the obligation to continue to pay child support.
Payer debt concealment
The debtor may think how not to pay child support debt after 18 years, not wanting to give it back. For example, he is trying to hide his income so as not to pay child support and avoid liability. As practice shows, this is far from the best way out of the situation, especially at the present time, when many processes are automated. Will have to not only abandon official earnings. Along with this, it will not be possible to keep money on a bank card, expect to travel abroad on vacation, or drive your own car.
Debt relief through court
But he can also file a petition with the court stating a request for exemption from debt. In order to count on a positive court decision, he will need to attach documentary evidence that he is not able to pay child support at the moment. If the court finds the evidence convincing, it can write off the debt. The following may serve as good reasons: a difficult financial situation in the family, the presence of diseases, and a change in the composition of the family.
Conclusion
It is impossible by law to raise the level of consciousness of a parent who does not want to fulfill his duties. But it is possible to apply coercive measures to him, as well as bring to legal liability.
You should contact the bailiffs or the court to get the full amount of child support debt after 18 years. How to recover, the statute of limitations and other moments may lose meaning if the collector decides that he can do without the help of a parent or just so wish. Then he has the right to forgive the debt.