Alimony arrears for the past period. Free online legal advice on all legal issues

The Family Code, as the main document regulating the rights and obligations of spouses-parents, provides for the collection of alimony for the past period. This can be done through a court of general jurisdiction by filing a lawsuit there.

It is difficult to collect alimony for the past period from a spouse who has left the family. Because on the basis of paragraph 2 of Article 107 of the Family Code of the Russian Federation, there is a statute of limitations for such obligations - 3 years. The few single parents left without material support know this norm of the law and use it. In Russia, the situation is more common when parents either enter into an agreement on the voluntary payment of alimony and certify it with a notary, or a single parent raises a child without any material support from the other parent.

Procedure

According to the general rules, maintenance debts begin to accumulate from the date of filing an application with the court. If the plaintiff succeeds in proving that the defendant has deliberately evaded maintenance obligations in the past, alimony may be ordered by the court for the past period.

The plaintiff draws up a statement demanding the defendant to pay alimony for the last three years. Evidence must be attached to the claim that the defendant did not financially help his minor child (children) and in every possible way hid from his parental responsibilities. Such documents may be:

• Copies of personal accounts in the plaintiff's bank, from which it is clear that there is no receipt of alimony;
• Documentary evidence of expenses for the maintenance of the child (children) - receipts for kindergarten, medicines, toys, etc.;
• Confirmation that the defendant does not have a stable income, permanent job;
• Documents stating that the defendant does not live at the place of registration, it is difficult to establish his location and he does not communicate with the child;
• Other related documents.

The list of documents may be different, the main goal is to prove non-payment of alimony for the last 3 years, because an earlier plaintiff cannot apply for a period. In addition, the plaintiff will have to prove in court his unsuccessful attempts to achieve the payment of alimony on a voluntary basis. This will require confirmation that the defendant avoided the maintenance and upbringing of a minor child (children).

There is a peaceful way to resolve the issue - negotiations. To sign an agreement on the payment of alimony, the parent, in whose care the child (children) under 18 years old, remains, turns to the second parent with a proposal to take on part of the costs of maintaining the offspring. Upon reaching mutual agreement, a voluntary agreement on the payment of alimony is signed, which is certified in a notary's office. The document has legal force and imposes certain monetary obligations on the debtor.

Debt calculation

The debt for the past period is calculated depending on the form of alimony accrual established by the court:

• % of income
• in combined form

Periods in which the payer had no official income or income statements were not provided, the amount of alimony is calculated depending on the average salary in the country. When establishing alimony in a fixed amount of money, their size is indexed according to the subsistence minimum established in the region where the child lives.

It is possible on the official website of the FSSP in the provided data bank.

If one of the parties does not agree with the calculation of the maintenance debt, it has the right to appeal against the actions of the bailiff.

According to Article 113 of the IC of Russia, there is a procedure for collecting alimony for the past period. This can be done in two ways: by presenting to the court an agreement on the voluntary payment of expenses for the maintenance of the child (children) or a writ of execution (issued on the basis of a court decision). In both cases, you can collect alimony for 3 years. This procedure is fully consistent with the legislation in the field of execution of punishments, namely, Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”. Based on Art. 102 of this act, the bailiff, after receiving one of the above documents, calculates the total amount of the debt.

For past years, it is necessary to use the information of regulations.

Based on Art. 107 of the Family Code of the Russian Federation, which regulates the collection of debts on alimony for past periods, the plaintiff has the right to receive funds for the maintenance of a minor, as required by law.

In order to avoid abuse, not to get into an ambiguous state of affairs, the law defines a strict framework for the current recovery procedure under consideration.

Regulations for the collection of alimony for the past period

Cash payments are assigned not only to the child, but also to the parents. The accrued amounts are received by a disabled family member from a relative.

The main regulatory act for claiming debts for alimony is the Family Code of the Russian Federation (Article 107). By type of recovery of alimony, it is customary to distinguish payments for:

• children;
• parents;
• providing for a wife;
• mother of a child under 3 years of age.

The procedure for the payment and collection of alimony for a minor child determined by a court decision. The main provisions of the law are spelled out in Chapter 17 of the RF IC (Article 107), which states:

• About the timing of applying for alimony;
• That a person who has the full right to receive these payments can apply to the court for the collection of debt, regardless of the time that has passed since the date of the entitlement to these charges. It concerns cases where alimony was not previously paid under an agreement on the payment of this type of accrual;
• The amount is awarded from the moment of applying to the court.

Note to parents

The financial support of their child is the direct responsibility of each parent. For child support, amounts can be awarded (on the basis of Articles 80, 81 of the RF IC):

• after divorce;
• during the period of informal relations of citizens;
• during the legal marriage of the spouses.

If the alimony is formalized by agreement, the amount for monthly payments can be set by the parents themselves. In terms of the size of the material maintenance for a minor child, it cannot be lower than the amount that the court assigned when resolving the case in court.

A parent obliged to pay alimony must monthly transfer the assigned part of the salary for the maintenance of a child or several children.

Debt and collection for past periods and judicial practice

Alimony payments, voluntarily or involuntarily, are required by law. Therefore, when recovering alimony for the past period, the plaintiff:

1. First, he must confirm, before receiving the amount of the debt, that he took legal actions to claim funds for the maintenance of the child, and the defendant systematically evaded payments.
2. Must prove in court the malicious evasion of the defendant from alimony, then you can count on a positive result in favor of the plaintiff.
3. By court decision, the plaintiff will receive legal money for accrued alimony, which was not paid before filing a lawsuit in court.

To accrue alimony arrears for the previous period, it is necessary to recover the debt in court or in accordance with an agreement on the procedure for providing for children.

Official child support payments are determined by the following percentages:

• for 1 child - ¼ of the salary;
• for 2 children - 1/3 of the RFP;
• and more - 1/2 of the salary and other income (but not more than 70%) (in accordance with Article 99 of the Federal Law-229 "On Enforcement Proceedings" (2007)).

The indexation of the arisen debt is carried out on the basis of a previously signed agreement on the payment of alimony. When this condition is absent in the contract - indexation is carried out according to the increase in the amount of the subsistence minimum assigned for specific groups of the population.

It is better to index payments and existing debts for alimony by contacting a specialist directly. It could be Bailiffs Service, working with indexing of alimony, with monthly payments for the maintenance of family members.

If an agreement on the payment of alimony has not been signed before, the conflicts and interests that have arisen will have to be resolved in court (in the district court, at the place of registration of the defendant).

Note. In the event that the place of residence of the defendant is not established, the law allows filing a claim for the recovery of alimony debt at the place of registration of the plaintiff.

The court may reduce or increase the legal claim by setting a certain period on the basis of which the security will be collected. In the court, the plaintiff is required to document that the defendant deliberately shied away from his duties as a parent.

At the hearing, as indisputable evidence:

• witnesses may be invited;
• letters from private correspondence are provided;
• recording of telephone conversations.

The defendant could, in addition to the timely payment of alimony, give funds for the improvement of the child, recreation, entertainment. The father could pay for the purchase of clothes, toys, tutoring and other professionals who participated in the development of his child.

When collecting evidence, it is necessary to have all the information on the costs incurred. This will help you get a fair decision in court. Therefore, the arguments for the collection of amounts for previous periods and for the calculation of interest are so important.

A child support claim may be dismissed with a resolution of lack of merit imposed.

The judgment establishes:

• Certain terms for the repayment of obligations for the awarded alimony;
• Form of payment;
• Alimony relations until the child reaches the age of majority.

To pay off debt on monthly payments for the past period, as a rule, a fixed amount is charged. Deductions are assigned in accordance with the minimum wage for a particular region of the Russian Federation. If the defendant has a regular income, he is awarded a % (share) in formal employment.

When the defendant does not have a stable income, a fixed amount is charged with irregular income.

Based on judicial practice, the total amount is rarely established in practice. In terms of size, alimony is taken as a share with a reference to the subsistence level or the minimum wage in the specific area of ​​the defendant that is valid for calculating payments.

How long can alimony be paid?

Within 3 year term before going to court, the law provides for the collection of alimony arrears in the territory of the Russian Federation. But in court, the plaintiff will have to prove the measures taken to claim in obtaining the appointed alimony.

statute of limitations

It does not matter to the court the reasons due to which the plaintiff did not earlier apply with the issue of forcible collection of the resulting debt.

It is important to provide evidence to the court that officially confirms the attempts to independently obtain funds from the defendant for the maintenance of the child. This will help prove the defendant's evasion of alimony payments.

Even after the child reaches the age of 18, the plaintiff (one of the parents or legal guardian) has every right, within 3 years collect the resulting debt on the payment of funds for the maintenance of a minor.

This applies to the statute of limitations, and the debt recognized by the alimony court must be fully paid by the defendant.

Alimony debt recovery process

This procedure takes place in a strictly established judicial procedure. For this:

• A statement of claim is drawn up (), which indicates data on the name of the court where the documents are sent;
• Provides detailed information about the plaintiff, defendant;
• In the form prescribed by law, data on the document on the basis of which payments were made on a voluntary basis are filled in;
• The claim contains all the circumstances on the basis of which a particular state of affairs has developed;
• The list of attached documents to the statement of claim is indicated, the date and signature are put;

In addition to the statement of claim, in order to submit documents to the court for the collection of debts on alimony, copies of the following must be attached:

1. passports,
2. certificate of divorce or marriage;
3. about the birth of a child or several minor children;
4. statement of income of the plaintiff or RFP;
5. the defendant's income statement;
6. a certificate from the place of residence confirming that the father independently ensures the material well-being of the child;
7. evidence from the plaintiff that he had previously contacted the defendant to fulfill his obligations to support the child, with confirmation that the defendant ignored his obligations.

It's important to know. Alimony cases are handled by a justice of the peace. Evasion of alimony payment for 3 months will lead to forced collection of the debt that has arisen.

Nuances

When a child support claim and a statement of paternity are filed at the same time, the child support payments for the previous period for payment will not be assigned to the defendant.

From the date of receipt by the court for the collection of debt on alimony, the claim will be considered within 1 month from the date, acceptance of the application for proceedings.

After the court has issued a verdict, the parties have the right to appeal the decision by filing an appeal within 30 days to a higher court.

The income from which I pay child support is:

1. Wage.
2. Benefits.
3. Scholarship.
4. Pension.
5. Prize.
6. Reward.
7. Business income.

The amount of the calculation of the claim is issued to the recipient of alimony by the bailiff who conducted the proceedings. The amount includes:

• The resulting debt;
• Penalty - 0.5%, calculated taking into account each missed day,
• 7% (executive cost) of the total debt.

The court determines the amount of the obligation, and the bailiff must notify the defendant, who, no later than 10 days, must voluntarily pay the recognized alimony debt.

After that, a procedure is opened with enforcement, which may be followed by the seizure of the debtor's property.

Responsibility for evading the payment of alimony for past periods

When the defendant systematically evades the payment of the awarded alimony, the court has the right to impose a sentence of criminal or administrative punishment. This applies to:

• seizure of property;
• deprivation of parental rights;
• compulsory or corrective works;
• imposition of fines;
• arrest (no more than 3 months).

How is debt collected under the agreement?

The repayment of the resulting alimony debt is made on the basis of a previously signed agreement.

Changes, as well as the formal termination of a previously signed child support agreement, must be made in writing. Strictly required notarization. A unilateral refusal to execute the payment of alimony for a child or a change in its conditions by one party is not allowed by law.

When considering an agreement on the payment of alimony, you need to know what this about the most effective tool in the settlement of legal relations between the ex-husband and wife. It concerns issues when it is necessary to resolve the disputes and conflict situations that have arisen regarding the provision of maintenance for family members.

To do this, they first conclude an agreement signed by a person who is obliged to pay alimony for the maintenance of a family member and those who have the full right to receive accrued payments.

When one of the parties to the signed agreement is declared incompetent, an agreement is reached between the legal representative and the other party.

The alimony agreement is concluded in writing, must be certified by a notary. This document has the force of a writ of execution. In the event of a debt on payments, the recipient party will have to immediately contact the executive body, providing this agreement to claim payments for maintenance.

If such an agreement has not been previously concluded, you will have to draw up a statement of claim, go through the full procedure with evidence of the resulting debt. The general procedure for claiming debts for alimony is given above in this article.

Advises a lawyer

In the video below, lawyer Pavel Lyska talks about the nuances of the procedure for collecting alimony for past periods.

Today, parents, in accordance with the Russian Federation, must necessarily financially support their children.

If the parent does not want to allocate sufficient funds voluntarily, the representative of the interests of the child can apply for alimony. And not only for the current, but also for the past period.

How are accrued

Parents in without fail must support their children, maintain their standard of living at the proper level.

The situation is similar in relation to children to parents - if there are sufficiently significant reasons, it is possible to recover alimony in this order.

In a standard situation, alimony is collected in the form of:

• fixed payment;
• percentage of wages.

A fixed accrual will take place if the parent's earnings are not stable or there is no official income at all.

It also happens in some other situations. As a percentage of income, alimony is calculated as follows:

In certain cases established by law, there may be a large amount. The calculation procedure itself depends on a large number of various accompanying factors.

This is the financial situation of the defendant, as well as the fact that he has a family, dependents. A separate case is the recovery of alimony for the past period of time.

In this case, all factors are taken into account. Usually the calculation process has a standard format. The income for the past period is taken as the basis - for which it will be the accrual of alimony.

If for some reason there was no official income, a fixed amount is set. It depends on various factors. Usually, the average subsistence minimum in the Russian Federation is taken and it is it that is set as the basis for calculations.

The defendant himself should generally avoid such situations. Since often a fixed value becomes a rather heavy burden for the budget.

There are many different nuances associated with this kind of accruals. To avoid surprises, the defendant and the applicant should definitely familiarize themselves with the judicial practice in this regard. So you can roughly predict the outcome of the case.

The necessary conditions

To receive alimony for a certain, already past period of time, it will be necessary to fulfill certain conditions.

The list currently includes the following:

• the existence of grounds for receiving alimony;
• the presence of all required documents.

The basis is the corresponding consanguinity. At the same time, not only natural parents and children have the right to demand alimony from each other. Also among the close relatives who have this right are adoptive parents, adopted.

In accordance with the current legislative norms, stepsons and stepdaughters, who have been adopted accordingly, are equated with natural children.

At the same time, if the parent was deprived of his parental rights, limited in them, the child has every right to refuse to pay child support. The reason for this is the failure of the parent to properly fulfill their parental responsibilities.

This point is reflected in the legislation. At the same time, the deprivation of a parent's rights does not exempt him from the need to pay alimony.

The payment of alimony for the past period will be possible only if the relevant documents are available. Such is an agreement on payment concluded on a voluntary basis, a court decision or a writ of execution.

There are many different features, problems associated with this kind of deductions. It is worth studying all the nuances in advance.

Order

Alimony for the past period can be collected only if the standard algorithm is followed.

This procedure includes the following main steps:

• collection of all necessary documents in this case;
• drawing up a statement of claim;
• delivery of all documents to the court at the place of residence of the defendant (global);
• documents are analyzed within 10 days;
• a meeting is scheduled;
• a verdict is issued and a writ of execution is drawn up.

After the verdict is passed, the court draws up a special writ of execution. It is sent to the place of work, if any.

If there is no official employment, then the writ of execution is sent to the bailiffs and they open a case and collect funds in order to pay off the debt on alimony.

It should be remembered that for the malicious evasion of their obligations to pay these payments, a fairly serious responsibility is due. Up to criminal, which implies imprisonment for 1 year.

Special attention will need to be paid to the preparation of the statement of claim. In the absence of relevant experience in this kind of cases, it will be necessary to familiarize yourself with the sample.

The best solution would be to seek advice from a lawyer who specializes in this kind of cases.

The statement of claim includes the following main sections:

• name of the court, address of its location;
• Full name, address of permanent registration of the plaintiff, defendant;
• what is the essence of the requirements for the defendant;
• substantiation of all existing requirements;
• evidence that confirms the legitimacy of the claims;
• recoverable amount.

After the submission of the documents and the appointment of the date of the meeting, the defendant and the plaintiff will be notified accordingly - by mail or otherwise.

It is important to remember that the defendant has the right to postpone the meeting twice in a row by issuing a special application.

But it is important to remember that there are really serious reasons why he cannot attend the meeting. They need to be validated by law.

The absence of the defendant will most negatively affect the decision regarding his position.

Judicial practice shows that in the absence of the defendant, a decision that is most unfavorable for him is assigned. All the requirements of the plaintiff are satisfied - within reason, within the framework of legislative norms.

If for some reason there is no official work and there is malicious evasion of alimony, it is worth proving the defendant's solvency.

It will be possible to determine the true financial situation by presenting the following evidence in court:

• there are expensive purchases;
• transactions are concluded that indicate the presence of a sufficient amount of money to pay alimony;
• testimony of witnesses;
• otherwise.

But the plaintiff needs to be as careful as possible. All evidence of solvency must be obtained only legally. Otherwise, they will not be recognized by the court. In addition, the defendant may himself file a counterclaim for interference with privacy.

What documents are needed

To start the consideration of the case, it is mandatory to submit a fairly extensive list of various additional documents along with the application.

You can divide the required papers into two groups:

• mandatory;
• additional.

The list of mandatory items will include the following:

• a copy of the applicant's passport - including the pages where there is a mark on the marriage / its dissolution;
• a copy of the birth certificate or passport of joint children - depending on age (up to 14 years or more);
• a copy of the marriage certificate or its dissolution;
• documents that confirm the income of a particular person;
• receipt of payment of the state fee - the original document is required, otherwise the claim will not be accepted.

It is also required in the application or in the attached documents to indicate the following points:

• calculation of the amount of alimony;
• substantiation of expenses for the maintenance of the child.

Additional documents, the provision of which is not mandatory, but desirable to simplify the conduct of the case, include the following:

• certificates from the place of work of the defendant;
• other documents that confirm income for the past period;
• documents confirming the existence of relevant expenses for the maintenance of the child for the period of time indicated in the application;
• otherwise.

It is important to remember that the collection of alimony arrears has no statute of limitations. This moment is reflected in the RF IC. But an important condition is the presence of the debtor's fault in the fact that alimony was not received.

You will need to prove the fact that there are attempts to collect alimony legally. Documentary evidence or eyewitness testimony is required.

At the same time, if a representative of the interests of the child or the child himself simply did not apply for alimony, then payments can also be collected for the past period. But only in the last 3 years.

Complaint sample

One of the most significant documents in the package that must be submitted to the court in order to recover alimony for the past period is a statement of claim. It must be drawn up in accordance with the requirements of legislative documents.

There is a fairly extensive list of regulatory papers related to this kind of action. It is worth familiarizing yourself with them first.

Sometimes it happens that the plaintiff simply cannot submit the application on his own and all the documents attached to it.

In this case, it is allowed to apply through a representative. Then, in addition to the papers indicated above, it will be necessary to have:

• identity cards of the representative of interests (it can be a passport or something else);
• power of attorney - it must be notarized.

Judicial practice on the recovery of alimony for the past period

Today, maintaining the material support of children at the proper level is one of the priority tasks of the state. That is why the jurisprudence on this matter is quite unambiguous. The main factor is the interests of the child.

The litigation is usually complicated for the plaintiff only by the problem of selecting evidence for applying for alimony earlier.

Since it is necessary to have reliable official documents. Usually the testimony of witnesses is not enough. Problems will be absent only with sufficient evidence.

The procedure for collecting funds for the past period has a fairly large number of features and is more complicated than receiving alimony at the present time.

You need to be well prepared for this procedure. First of all, this concerns documentary preparation, collection of evidence - otherwise, the recovery period will be limited to only 3 years.

Video: Recovery of alimony through the court

Concealment of parents from paying alimony to provide for children these days, unfortunately, is a common thing. What unconscious fathers do in order to escape from parental financial responsibility: they hide their place of work, receive their salary in envelopes, hide themselves. To prevent such facts, the law provides for the collection of alimony for the past period of time. We will analyze in detail all the conditions and the very procedure for such a recovery.

Is it possible to collect child support for previous years?

The issue of collecting child support for the past period is devoted to, or more precisely, part 2 of paragraph 2 of it. If the father refuses to voluntarily support his child financially, then the mother has the right to resolve the issue through the court. Payments will be accrued to the child from the moment the decision of the judicial authority comes into force. However, the law provides for exceptions. They are contained in part 1 of Article 108 of the Law. So, if at the time of the trial in court the mother does not have financial means for the existence of the baby, then she has the right to apply for the establishment of payments until the issue is resolved. As a rule, in such cases, judges are willing to meet the plaintiffs and make an appropriate decision on the appointment of payments before a decision is made.

Timing

A parent involved in the upbringing and material maintenance of a child may initiate a process for the recovery of alimony at any time, before the child reaches the age of eighteen. For example, before the child was ten years old, the mother living with him had no financial difficulties in providing for the baby, and only then she was forced to demand alimony from the father.

If the issue is related to the evasion of the second parent from fulfilling obligations, then alimony can be collected even after the child reaches the age of majority for lost time. For example, until the daughter turned eighteen, her father deliberately hid from fulfilling his obligations. According to the provisions of the Code, the mother has the right to file a claim for the recovery of alimony for the past period, in this case, before the daughter turns 21, three years after the missed opportunity.

For what period can alimony be collected?

The Family Code establishes a period for applications for the collection of payments for children - three years. We dare to assume that this term is borrowed from the provisions of civil law, namely from the content of Article 196 of the Civil Code. It establishes the statute of limitations for all civil cases. Since the resolution of the issue of collecting alimony for the past period relates to such cases, a similar limitation period has been established. Within three years from the date of the lost right, the parent can defend the interests of the child in court.

Conditions for the collection of alimony for the past period

Proceedings for the recovery of alimony for the past period of time is specific, in contrast to the classic examples of alimony cases. Processes are always connected with the consideration of the facts of evasion of the second party from parental responsibility. The initiating party must submit to the judge's attention documents proving unsuccessful attempts to obtain material support for the child. In other words, the mother of a minor sends letters to the father demanding payment of funds for the maintenance of the child, calls him, sends messages to the postal address. All attempts are ultimately futile.

The prerequisites under which the court can positively decide on the recovery of funds for the maintenance of the baby for the past years are the following:

No. p / p	Terms
1.	The blood relationship of the child to whom the payments are being collected, and the father or mother of the defendant. In the absence of such a connection, the plaintiff must first file a separate claim with the judicial authority to establish the fact of paternity.
2.	The period of past years for which it is supposed to collect alimony must be in the period of time - from birth to the age of 18, since after this period it is impossible to claim payments. The only exceptions are cases of disability and incapacity for work of adult children.
3.	The facts of applying for help to the defendant's father must be documented in court.
4.	The parent, against whom the demand is made, evades payment of money.

The conditions given in the table are the main ones in relation to such cases. We should also not forget about other dominant circumstances in which it is possible to demand alimony in court:

• voluntary refusal of a parent to provide for their child;
• the need of the child;
• the difficult financial situation of the parent who lives with the child and is fully engaged in his upbringing.

These conditions are taken into account by judges when considering absolutely all alimony cases.

The procedure for collecting debts on alimony for the past period

It is possible to demand payment of funds for the maintenance of a child for previous years both orally and in the form of decisive actions: drawing up a notarial agreement on this or filing a lawsuit in court. You can demand payments not only for the maintenance of minor children, but also:

• for adult children over 18 years of age who have a disability or are otherwise unable to work;
• for children born out of wedlock, provided that they are legal by virtue of a birth document or a court decision;
• for parents who, due to advanced age or disability, are deprived of the opportunity to earn money for their livelihood;
• on spouses acting or former in cases prescribed by law;
• for a current or ex-wife who is engaged in raising a joint baby up to three years old.

All these cases are regulated in detail in the articles of the Code.

Making a mutual agreement

If the defendant, finally, has ceased to evade obligations and agrees to pay the debt, then the parties can draw up a notarial agreement about this. In the document, the father hiding from responsibility earlier assumes in writing the obligation to pay everything due to the child for the past years, plus accrued interest for the delays. The amount of the debt of the parties is determined by mutual agreement. The document after certification by a notary acquires legal force. If the responding party ignores the requirements prescribed in it, it is possible to defend the interests of the child through the court.

Features of the trial

Filing a claim with the court for the recovery of alimony for the past period of time has some features. The Plenum of the Supreme Court clarifies that such cases are considered exclusively in the order of action proceedings. Judges are not allowed to issue an order for the collection of alimony debt for the past tense. Based on this, the plaintiff parent does not file an application demanding an order, but a lawsuit.

Primary attention in the process of judicial research is given to the evidence base in the case. The plaintiff mother must document the following important facts before the court:

• the fact that she repeatedly made attempts to demand financial support for the child in relation to the father;
• the fact that these attempts were ignored;
• the fact that the father consciously, i.e. without good reason, shied away from parental responsibility.

The law provides that if the defendant's father did not pay maintenance due to illness or other good reasons, then he may be released by the judge from paying the debt or some part of it.

Evidence base

How can mothers prove their petitions for material assistance? You can do this in two ways:

1. Gathering all supporting documents. These include: notifications about sending letters to the father's home address, printouts of phone calls and SMS correspondence, printouts of letters sent to an e-mail box, dialogues from social networks.
2. Bringing witnesses into the courtroom. Neighbors, friends and colleagues can attest to the fact that the mother sent letters and other messages to the father demanding financial assistance for the child, but there was no response.

It is possible to confirm important facts in all non-prohibited ways, it all depends on the ingenuity and dexterity of obtaining evidence.

Procedure for filing a claim

A statement of claim for the recovery of alimony for the past period is filed with the district court at the place of residence of the father evading financial obligations. Justices of the peace are no longer competent in such matters. The following documents are submitted along with the claim:

• applicant's mother's passport;
• a document on marriage or divorce (you can initiate the process equally both while being in a marriage relationship and after their dissolution);
• birth certificate of the child (children);
• an agreement on the payment of alimony (if any);
• a certificate confirming the amount of the mother's income;
• certificate confirming the amount of the father's earnings (if any);
• certificate from the place of residence of the applicant;
• documents confirming the fact of applying to the father with a demand for the payment of alimony;
• documents confirming the fact of the father's evasion of responsibility.

Due to the specifics of the case, the list of papers is expanded compared to ordinary cases. State duty is not paid.

The term for consideration of the case by the judge is one month from the date of application.

Statement of claim

It is important that the claim reflects all of the circumstances. The required elements of the application will be:

• the name of the court district where the claim is directed;
• information about the applicant: passport data, registration;
• information about the defendant;
• material value of the stated requirements;
• descriptive part: from what moment the defendant refused to pay alimony, what attempts were made by the plaintiff to receive them, what is the total period of non-payment of funds;
• petitionary part: the requirement to collect alimony for a specific period of time, taking into account penalties for delays;
• a list of papers attached to the claim;
• number and signature.

The claim is drawn up in three copies, if other persons are not involved in the process ().

How to calculate child support for the past period

The calculation of child support payments for the past period directly depends on whether they are collected as a percentage of the earnings of the respondent parent or in the form of a fixed amount of money. If the father does not have official employment or he receives irregular earnings, then alimony is assigned in monetary terms. In all other cases, according to the general rules, interest is awarded.

Fixed amount payout

If the alimony is set in monetary terms, then the total amount of the debt is calculated by multiplying the monthly amount of the alimony awarded by the number of months of the past period. For example, the parent had to pay 20,000 rubles a month for the maintenance of the child within the framework of the executed agreement. He made no payments for one year. Accordingly, 20,000 × 12 = 240,000 rubles is the total amount payable by the defendant.

Payment when assigning alimony as a percentage

According to the basics of enforcement proceedings in relation to debtors who evade paying debts, the amounts are doubled by 50%. Let's take as an example the same monthly amount - 20,000 rubles, only as a percentage. 20,000 × 50% \u003d 10,000, 20,000 + 10,000 \u003d 30,000 rubles - the amount of payment for one month. For a year of delay, the total amount due will be equal to 360,000 rubles. 120,000 rubles - the price of penalties applied to the defendant.

It should be noted that penalties can only be accrued when the defendant had a documented obligation to pay alimony. For example, if paternity is recognized through the court before the fact of kinship is established, claims for payments cannot be made to the father, which means that penalties and penalties cannot be applied. This state of affairs is quite logical, a person should not fulfill financial obligations, since legally he is not a father.

Responsibility for evading the payment of alimony for past periods

For a citizen’s evasion from the obligation to pay alimony, including for the past years, the following negative legal consequences occur:

• compensation in the form of a penalty - ½% for each overdue day (paragraph 2 of Article 115 of the Law);
• attachment of any type of property of the debtor parent;
• deprivation of a driver's license if the amount of the resulting alimony debt is over 10,000 rubles;
• restrictions on leaving the state;
• putting a citizen on the wanted list;
• initiation of a criminal case under Article 157 of the Criminal Code of the Russian Federation.

Even after being imprisoned, a citizen is not exempted from paying the debt. If the convict is employed, then monthly deductions are made to the child from the income received, even if it is minimal. If a citizen in places of deprivation of liberty refuses to work, then the amount of debt accumulates. After the release, the defendant will have to pay the entire debt, including penalties.

Arbitrage practice

The Plenum of the Supreme Court annually sums up the results of judicial work in various areas of activity. The clarifications also apply to alimony proceedings. Cases have been recorded when plaintiffs erroneously sent applications for the recovery of payments for previous years to justices of the peace. Consideration of such cases, taking into account the specifics and complexity, should be carried out strictly in the courts of general jurisdiction.

Mistakes were made in determining the period for collecting funds for the maintenance of a child, when paternity was proved in court. Alimony cannot be accrued for those years when the fact of paternity has not been legally established.

Let's summarize. Collecting child support for the past period is a rather complicated procedure. The process is distinguished by the following comparative features:

• it is possible to collect the debt even after the child reaches the age of 18, but later than three years after the day the right was forfeited;
• it is possible to demand the payment of alimony for illegitimate children only after the recognition of paternity through the court;
• it is allowed to collect alimony for the past period both in marriage and after a divorce;
• litigation is initiated only in the order of claim proceedings;
• Of primary importance in the consideration of the case in court are evidence of the fact that the plaintiff made attempts to demand payments, and the fact that the defendant evaded liability.

Despite the complexity and specificity of participation in such processes, the judicial practice of collecting alimony over the past period shows that with a high interest and preparedness of the plaintiff, the issue is resolved in a positive way.

Lawyer of the Board of Legal Protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.

More than 70% of alimony payers try to cheat when paying alimony, hiding or underestimating their income. But there are those who evade payments for the child as a whole. We have already paid attention to topics about and bailiffs in relation to the debtor. Today we will analyze ways on how the recipient of child payments to collect child support for three years of delay or arrears. Let us immediately pay attention to the fact that such issues are resolved with the help of a statement of claim to the court within a limited period of time according to the requirements established by law. You can find an application form at the bottom of the page. In addition, we will give a complete list of documents required to prove the existence of a debt from the alimony payer.

First you need to understand from what moment does the material responsibility to the child appear: from conception, from birth or presentation?

Lawyers believe that the last answer is correct. Namely, from the moment a parent who independently raises a child without the help of a former or current spouse demands that the defendant provide material support for the maintenance and provision of common children. It is believed that legally married parents automatically fulfill their obligations to support the child. However, in judicial practice there are cases when a claim for the recovery of alimony, for one reason or another, is filed against or who do not fulfill their financial or moral obligations.

The collection of alimony begins with the presentation of claims for payment by the parent raising the child. It can be in the form of the following documents:

1. A claim for the recovery of alimony;
2. , certified and signed in a notary's office

In determining the amount and timing of the accrual of alimony, the court will set the date for the first payment from the moment the claim for the recovery of alimony is filed, and not after the adoption of the court order. Regardless of the duration of the trial (from one day to several months), the defendant will have to pay off the debt he has formed from the moment the plaintiff submits an application to the judicial authorities.

The maximum period of the past period for which alimony can be collected is three years, no more.

Unfortunately, it is not uncommon for mothers (less often fathers) to use the law on the collection of alimony for the past period as a way of speculating and obtaining additional material resources, often aimed at. Therefore, the state has provided strict rules and deadlines for filing a claim so that the rights of the payer are not violated.

When can alimony be collected for three years?

The collection of alimony is regulated by the Family Code, in particular, Article 107 in the second paragraph indicates the period for collecting debt - 3 years from the date of filing a claim with the Magistrate's Court.

A claim for the recovery of alimony can only be accepted in court if the plaintiff meets the following requirements:

1. Carrying out preliminary attempts for a peaceful settlement of the conflict;
2. Collection of evidence of the measures taken to enforce the recovery of alimony (warning the defendant of the intention to sue, attract bailiffs, etc.);
3. Attachment of documents confirming the existence of debt and its size.

If the dispute concerns alimony arrears assigned by a court decision, then it is possible to force the payer to pay off the debt for the entire period from the moment of the first appeal to the judicial authorities, and not for the last 3 years.

Reasons for collecting alimony for three years.

As mentioned earlier, only with full evidence of attempts to peacefully resolve the conflict, the Family Code allows the collection of alimony for the last 3 years from the payer who evades payments (Article 107 of the RF IC). The court accepts as grounds for filing a claim for the recovery of alimony for 3 years:

1. Father's refusal to conclude a voluntary maintenance agreement;
2. Lack of alimony agreement between parents;
3. Evasion of the father or mother from payments for the child;
4. The ineffectiveness of the parent's measures to collect the debt on alimony of the second parent;
5. Debt collection requirement for no more than the last 3 years.

How to collect alimony for three years with an agreement

As a rule, the agreement on alimony is signed by the parents, who have agreed in advance on the terms of payments. The law does not establish special requirements for the text of the document. Basic requirements set by parents themselves:

1. The amount of alimony;
2. Payment procedure;
3. Regularity and payment terms.

In addition, parents can also agree on the payment of alimony for the past period, which does not depend on specific dates. The main thing is that the chosen amount of alimony should not worsen the situation of the child and deprive him of his usual way of life or the necessary medicines and food.

However, despite the large list of permissions for parents, the Family Code (Article 107) nevertheless deprives them of the following opportunities:

1. It is not allowed to file a claim for the recovery of alimony for the past period in the Magistrate's Court;
2. Debt collection for more than three years.

If the payer or the recoverer does not satisfy the terms of the alimony agreement, then he has the right to challenge these requirements in court. If the payer does not fulfill the obligations assigned to him, then the recoverer will be able to initiate enforcement proceedings against him in the federal bailiff service.

If the parents did not sign a voluntary agreement on alimony, then questions about alimony are resolved in the magistrate's court. It is possible to demand the recovery of alimony for three years from the date of filing a claim with a judicial authority.

Required documents and evidence base

As mentioned earlier, the court will require the plaintiff to prove his attempts at amicable settlement. Often, the collection of evidence can take more than one month (sometimes up to six months). As evidence, the judge may take into consideration the following documents:

1. Receipts of notification of the defendant of the intention to file a claim for the recovery of alimony by mail;
2. Checks and receipts from hospitals, pharmacies, children's stores, child's educational institutions;
3. Copies of letters to the payer with persistent demands for the payment of alimony;
4. Audio and video recordings of meetings or conversations with debtors;
5. Personal correspondence;
6. Testimony of witnesses;
7. Bank statements of the parties;
8. Accounting reports from the place of work or evidence of concealment of income;
9. Other evidence.

If you have any difficulties in collecting a sufficient evidence base, use the free consultation of our lawyer. Also, do not delay the collection of evidence, preferably from the moment of the first delay, so as not to get into a difficult situation when the judge asks why the rights of the child were not protected before?

Copies of the following documents must be attached to the claim, bringing their originals to the meeting:

1. Passport of each party and a child over 14 years of age;
2. Birth or adoption certificate of the child;
3. Certificate of marriage and its dissolution;
4. Information about the financial situation of the parties;
5. Information about marital status and family composition;
6. An extract from the house book on the fact that the child lives with the plaintiff;
7. Certificate from the place of work of each party;
8. Other documents as required by the court.

As in the case of evidence, the collection of the required certificates must begin in advance. Many institutions will take at least a month to comply with the complainant's request.

How is alimony calculated for the last three years?

By decision of the court, the compulsory collection of alimony is carried out both in future months and for the past period of up to three years. The court determines the amount of future alimony, depending on which payment procedure is chosen: a share of the payer's income or a fixed amount of money, as well as the duration of alimony arrears.

1. Assignment of alimony in the share payment order:

To calculate maintenance payments, the court will need data from the place of work on the regularity and amount of wages for the period of debt. If the payer was not officially employed, then the calculation will be carried out according to the level of the average wage in Russia. Read more about how child support is collected from the unemployed.

1. Assignment of alimony in solid form

The calculation of alimony in this case is carried out according to the subsistence minimum for a child, established in the region of residence of the parties. About what to do if alimony is below the living wage. After the calculation of the amount, the mandatory indexation of the amount of alimony is carried out.

In any case, the parties have the right to appeal the amount of alimony in court.

Claim for the recovery of alimony for three years: requirements and sample filling

The claim must indicate not only the requirements for the recovery of alimony, but also indicate weighty evidence, state in detail the essence of the case and the grounds for filing an application.

If you still have questions or you cannot figure out the current situation on your own, contact the lawyers of our website for a free consultation. User support is available around the clock and without restrictions.