Apply for child support retroactively: is it possible?

Family law > Alimony > Is it possible to collect alimony retroactively?

Oral agreements in alimony cases have no legal force . They are violated quite often.

The ex-spouse can provide full financial assistance only for the first months. But after some time, the child’s father often forgets to pay child support, violating the oral agreement.

Therefore, mothers immediately wonder whether it is possible to apply for child support retroactively and force the father to help the child. Such situations occur quite often.

A clear answer to such questions can be found in the Family Code, which provides for a variety of cases of claiming alimony.

You can apply for alimony retroactively if the oral agreement on its payment between the former spouses was violated.

The legislative framework

In accordance with the Family Code of the Russian Federation, supporting a minor child is the general responsibility of parents.

You can file a claim for alimony while married or at any time after its dissolution. There are no restrictions in this matter.

In most cases, the court orders alimony immediately after filing a claim for alimony and the necessary package of documents.

But it is quite possible to collect alimony retroactively. In this case, you need to be guided by Article 107 of the Family Code of the Russian Federation. It provides for the possibility of filing a claim three years prior to filing a claim.

But to do this, the applicant must present evidence that all possible measures for collection were previously taken, but the defendant evaded payments.

In addition, the legislation provides for the following:

1. If the alimony payer has not paid alimony payments after the court decision, then a second claim can be filed. Before doing this, you should contact the bailiffs and obtain certain information.
2. If the parents have entered into a voluntary agreement to pay child support, but the father refuses to fulfill the terms of the agreement, then the mother has the right to sue the defaulter and demand retroactive payment of child support. The statute of limitations for signing the contract does not matter.
3. If the father did not provide financial assistance to the child, and the wife did not demand alimony, then even after the lapse of time, she has the right to file a claim for alimony.
4. If the recipient voluntarily refuses to receive alimony from the recipient, he can change his decision and demand payment through the court.
5. If a claim for alimony is filed immediately after the divorce, then the countdown for calculating these payments begins from this date.

How to file a claim to collect retroactive alimony

In order to apply for child support retroactively, you need to write a statement and indicate that the payer has recently been avoiding assistance in maintaining the child, despite legal requirements.

The claim should be accompanied by copies of documents and evidence that measures were previously taken to collect alimony payments.

List of necessary papers that need to be prepared:

• passport and its copy;
• birth certificates of all children;
• a certificate of family composition from the HOA, to confirm cohabitation with children.
• a certificate of your own income and the income of the payer, if it is possible to obtain it;
• statement from your bank account.

You should first interview relatives and friends; perhaps they will become witnesses at the hearing. Their testimony will be evidence of the payer’s regular refusals to pay alimony.

• It should be taken into account that the second parent can also collect documents in his own favor.
• It is impossible to draw up an agreement on the payment of alimony retroactively; it must be certified by a notary.
• In this document you can only indicate the date from which this alimony is paid and the amount of alimony.

The process of reviewing cases of filing an application for retroactive alimony

1. It is important to convince the court that attempts were made to collect payments on a voluntary basis, but they did not produce any results.
2. In the event that the court considers the applicant’s arguments weak, alimony will be assigned only from the date of filing the claim.
3. The following can be presented as evidence:

• witness statements;
• recordings of telephone conversations;
• video recordings of meetings and negotiations about alimony;
• correspondence, including SMS, printing of letters from email, dialogues from social networks.

If the applicant has not applied to the court before, then initially it is necessary to try to obtain financial support on his own. This is the only way to collect alimony retroactively.

It is important to consider that if the ex-spouse transferred even the most minimal amounts or bought the child the funds necessary for subsistence, which he can confirm with checks, then alimony will be accrued from the moment the claim is filed.

In this case, you need to prepare for the fact that you will have to attend more than one court hearing and conduct a genetic examination.

If you want to speed up this procedure, you can do a DNA test at your own expense, and collect the money for it along with alimony.

Such actions will be appropriate only if the payer has a confirmed income. Otherwise, you will have to wait a long time for money.

How is the amount of debt determined over time?

In accordance with the legislation of 2020, alimony can be awarded retroactively in the following forms:

1. Fixed amount.
2. Interest on income.

In the case where the defendant has an official place of work, and alimony payments are assigned as a percentage of income, the bailiffs will request a certificate of his salary for the last three years.

Based on this, the amount of debt for the previous period will be calculated.

If the defendant does not officially work and there is no information about his earnings, the court will order a payment of financial support commensurate with the minimum wage, taking into account previous indexations.

In most cases, the minimum wage at the regional level is taken as a basis.

Therefore, if the claim is satisfied, the defendant immediately develops a debt for the previous period and begins to accrue alimony for the current months.

Indexation of alimony

• Indexation is a way to protect funds from increases in the general level of prices for goods and services.
• Family law provides for the possibility of indexing alimony, which is paid in a fixed amount.
• This will ensure that alimony payments comply with the established level of material support for the minor, keeping up with the regular increase in consumer prices.
• Thus, with the increase in the regional cost of living per child, which happens every quarter, alimony payments, which are paid in a fixed amount, should also increase quarterly.

It is worth considering that when the cost of living decreases, the amount of alimony does not decrease. Since, in accordance with Family Law, it is tied only to the growth of this indicator.

Alimony payments assigned as a share of income are not subject to indexation. This is explained by the fact that they already rise along with wages.

In 2020, there are some changes to the indexation regulations in the Russian Federation. They greatly facilitate and speed up this process for creditors and bailiffs.

Indexation of alimony debt

When arrears arise in payments, the recipient and the payer wonder whether alimony can be indexed retroactively.

In accordance with the law, it is possible to index not only the alimony that is paid every month, but also the amount of outstanding payments.

Because unscrupulous parents may not pay child support for a long time. The amount of debt for this period may become insignificant.

To avoid this, the amount of alimony debt should also be periodically indexed in accordance with the increase in the cost of living in the child’s territory of residence.

As a rule, debt cannot be incurred by persons who work officially. Therefore, the bailiff is required to index the alimony debt.

1. The determination of debt is carried out from the day when the collection of material security occurred and until the date of indexation.
2. If the payer proves that he had good reasons that did not allow him to pay alimony, then the recalculation is made only for the last three years.
3. Valid reasons include:

• disease;
• non-payment of wages;
• lack of work.

If it is not possible to prove the presence of at least one of the above reasons, then the debt is calculated for the entire time.

Arbitrage practice

Judicial practice in cases of alimony payments shows that it is better to resolve such issues immediately after the divorce and consolidate your words on paper.

• If one of the parents deliberately evades child support payments, for example, the father is hiding and has no contact with his ex-wife and child, the mother can apply for child support a second time retroactively.
• The judicial institution takes the side of the mother and necessarily takes measures to collect alimony for the child, even when he reaches adulthood.
• The main task of the plaintiff is to present to the court the maximum amount of evidence that the child needs funds that were not allocated to him.
• Thus, it is possible to collect alimony retroactively if the applicant has already contacted the debtor with a demand for payment earlier, but the unscrupulous parent avoided providing financial assistance to his child.

Oral agreements between parents have no legal force, and over time all conditions are violated, which leads to arrears in child support.

Therefore, the legislation provides for the possibility of recovering money from the debtor for the past period.

Source: http://semeinoe-pravo.net/mozhno-li-podat-na-alimenty-zadnim-chislom/

Is it possible to apply for child support retroactively?

Home » Alimony » Is it possible to apply for alimony retroactively?

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The question of how to apply for child support retroactively often arises among parents who do not receive financial support from their former spouses to provide the child with the basic necessities.

Defaulters try in every possible way to avoid official registration of alimony, because then for non-payment they will have to bear financial liability, and in case of malicious evasion - criminal liability.

Having decided to file collections through the court, you need to decide: is it possible to receive alimony for the past period, is money issued for children retroactively?

Retroactive alimony: grounds for receiving

It is necessary to distinguish between the concepts of filing a claim (application) for alimony retroactively and processing payments for the past period.

It is impossible to file a claim retroactively, because based on the fact of the appeal, a decision is made to accept it for court proceedings, after which a date for consideration of the case is set.

The decision rendered will not be backdated. But you can receive funds for the previous 3 years, but you will need to prove that the parent living separately did not help the child.

The verdict depends on the content of the claim and the evidence provided.

When going to court, you can justify your position based on the articles of the law:

• Art. 80 of the RF IC , which states that parents are obliged to support their children financially, and the method of providing support is determined by the parents themselves. If the father (mother) does not provide assistance voluntarily, payments are collected through the court.
• Art. 113 of the RF IC , which stipulates the parent’s right to receive alimony for the past period on the basis of the received writ of execution or agreement. In paragraph 1 of the article, the billing period is limited to 3 years. The period is determined differently if alimony was issued earlier. In paragraph 2 of Art. 113 of the RF IC states that if, in the presence of a writ of execution, non-payment was made through the fault of the defendant, he must pay the debt for the entire period. Debt collection is handled by the FSSP.
• Art. 107 of the RF IC , according to which a parent living with a child can apply to the court for alimony, regardless of how much time has passed since the moment when such a right arose, but if payments were not previously made by agreement. The award of penalties occurs from the moment of filing a claim with the court.

Read also: Validity period of a family composition certificate: for social protection, for court

It will not be possible to apply for child support if the child has reached the age of 18. The judge will immediately have a question: why didn’t you apply earlier? Then the potential recipient must file a petition to restore the deadline for filing a claim and provide compelling evidence confirming that it was not possible to process payments.

To collect child support for the past period, it is necessary to prove that the second parent knew about the need, but did not want to help his child.

The right to issue alimony within the previous three years belongs not only to the parent with whom the minor lives, but also to the guardian, trustee, educational and medical organizations where the child is being raised.

The child’s mother has the right to apply for alimony retroactively, being legally married or divorced, without registering the relationship in the registry office. To apply, it is necessary that the man recognizes himself as the father or paternity is confirmed by a court decision. An additional condition is failure to fulfill the obligation to provide for the child.

How to collect alimony for previous years

The process can be divided into several stages:

• preparing an evidence base for the lack of help from the father;
• filing a claim;
• going to court;
• participation in litigation;
• obtaining a writ of execution based on a court decision;
• provision of IL to the bailiff service.

At each stage, it is recommended to enlist the support of a lawyer to resolve family issues. The specialist will be able to present the case in court by proxy, which increases the chances of winning.

Collection of evidence of non-payment of alimony

To confirm the information specified in the claim, it is recommended:

1. Print data from e-mail, SMS correspondence or messages from other sources. The information must confirm that the wife, by all available means, wanted to agree on providing assistance to the child, and the husband avoided satisfying the request.
2. Meet with your husband for a private conversation. During the conversation, you should justify the need for alimony, discuss issues: what the child needs, how much you have to spend on maintaining a minor. It is unlikely that you will be able to persuade your spouse to formally refuse to pay alimony, so you need to discreetly record the conversation on audio or video tape and call witnesses. It is better to involve an outsider from among neighbors, friends, or employees. Witnesses and relatives can also testify in court, but there will be a high probability of suspicion of collusion, and the testimony will be taken with distrust.
3. Provide documents proving your reluctance to pay. One of them may be a copy of the court ruling to cancel the court order. It is issued after the spouse has filed an application for a writ of alimony and the husband has filed an objection.

If verbal agreements have been reached with your spouse on the collection of alimony, it is necessary to monitor the receipt of payments. As soon as a delay occurs, a demand for payment of the debt should be issued on paper and sent by mail with a notification letter. When sending, fill out an inventory of the attachment (form 107, issued by mail).

A statement of claim is a document demanding the payment of alimony, which the plaintiff submits to the magistrate's court. The application is drawn up in accordance with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation and contains the following data:

1. In the upper right corner: full name of the justice of the peace, number of the court site, its location; Full name of the plaintiff and defendant, their addresses and other contact information. It is important to indicate the actual place of residence of the defendant, since a subpoena indicating the place and date of the court hearing will be sent to this address.
2. The title of the claim is “For the recovery of alimony.”
3. Document text. In the main part, the child’s full name is indicated and information about his place of residence is specified. It is further clarified that the minor does not receive help from his father; numerous attempts to hold the parent accountable did not produce results.
4. The amount of alimony to be collected is indicated, as well as the period for which the spouse plans to receive money for the child.
5. As arguments, it is necessary to indicate the legal acts according to which the child has the right to maintenance, as well as the provisions of the law proving the possibility of collecting funds for the previous 3 years.
6. List of applications.
7. Signature and date.

Sample claim:

Download a sample claim

When filing a claim, you must pay a state fee and collect applications. The entire package of documents is provided to the court, otherwise the judge may leave the claim without progress.

State duty

There are some discrepancies in the legislation regarding the amount of state duty when filing a claim for alimony. When demanding to pay the amount for the previous period, it is recommended to pay a fee of 300 rubles. as for a claim of a property nature, not subject to assessment.

If the judge considers this method of payment unlawful and returns the document, the state duty is calculated based on the cost of the claim (CI).

This value is defined as the amount of payments that should have been received during the year. For example, if the requirement refers to the need to pay 25% of income monthly, and the spouse’s income is 45,000 rubles.

/month , the cost of the claim is 45,000 rubles. X 25% X 12 months = 135,000 rub.

According to Art. 333.19 of the Tax Code of the Russian Federation, based on the price of the claim, a calculation is made: fixed amount + % X (price of the claim - deduction).

The state duty is at least 400 rubles. and no more than 60,000 rubles.

For example, with CI 135,000 rub. The state duty is calculated according to the formula used when the CI is 100,001 rubles. — 200,000 rub.:

• Fixed amount 3200 rub. + 2% X (CI 135,000 rub. - deduction 100,000 rub.) = 3,900 rub.

A receipt for payment of the state fee must be attached to the statement of claim. If the court's decision is positive, the defendant shall reimburse all legal costs.

The following documents are attached to the claim:

• passport (copy);
• copies of statements of claim according to the number of interested parties;
• a copy of the marriage certificate (divorce certificate, if the marriage is dissolved);
• birth certificate of the child for whom alimony is being collected (copy);
• a certificate from the place of residence confirming that the children live with the plaintiff;
• evidence that the other parent refuses to support the child;
• power of attorney if the plaintiff is represented in court by a private attorney.

The list of applications can be expanded if necessary to justify the required amount of alimony. Additionally you can provide:

• report on monthly expenses for a minor;
• certificate of the plaintiff’s salary;
• a certificate of the defendant’s income (provided to the judge upon a request to obtain evidence).

Documents are submitted to the court in person or by sending a registered letter. Some judicial authorities provide the opportunity to transfer electronic forms of documents through the State Automated System “Justice”, however, to do this, you must register in the Unified Identification and Logistics system and have an enhanced qualified electronic signature.

The decision to collect alimony for the previous period is made by the judge. The period for consideration of such cases is up to 1 month. As a result, the claimant receives a writ of execution, with which he can apply to the FSSP.

Calculation of the amount of alimony for previous years

The court decision indicates how penalties will be made:

• As a percentage of earnings. The amount is established in accordance with Art. 81 of the RF IC and is 25% for 1 child, 33% for 2 children, 50% for 3 or more children. Alimony as a share of income is not indexed, since it is believed that wages increase by default with an increase in the minimum wage.
• In the form of a fixed amount of money. The amount of payments is set as a multiple of the subsistence minimum for subsequent indexation.
• Partially as a percentage of salary, partially as a fixed payment.

The decision indicates the date from which settlement must be made. This will be done by the responsible bailiff.

If the defendant worked unofficially and there is no information about his level of income, the minimum wage in the region is taken into account, taking into account indexations.

In judicial practice, there are cases where women collect alimony, receiving money in fact “from hand to hand.” It is impossible to prove in court that a child received decent support without documentary evidence.

Read more: How to prove that you paid alimony unofficially?

The father needs to take care of evidence of fulfillment of parental duty in advance:

1. When transferring money, take a receipt from your wife. To do this, you can print out the form yourself, and the spouse will only enter her full name, amount, intended purpose of the funds received, date and signature.
2. If money is transferred through a bank, the purpose of payment must indicate “Payment of alimony in favor of ____________ (child’s full name) for the _______ month of 20__.” The received transfer receipts must be kept; in court they are indisputable evidence of the provision of financial assistance to children.
3. When purchasing things, food, or paying for sports clubs or school activities for a minor, you must request receipts for the goods and services received. They may be needed in court later.

In the absence of checks, receipts, receipts on paper, the chances of convincing the court to provide assistance to children are negligible. Even if you maintain a friendly relationship, it is important to be vigilant. In the event of a conflict, the other parent can collect child support retroactively.

In resolving the issue of collecting alimony retroactively, both the plaintiff and the defendant may need legal advice.

The applicant’s task is to prove that the estranged parent was repeatedly asked to help financially, but he went into hiding, changed his place of residence, and understated his income.

The defendant, in turn, can prove otherwise: that he helped the child, gave gifts, paid for the provision of medical care, and did not shirk responsibility.

An experienced lawyer from the website ros-nasledstvo.ru on family issues will help you correctly draw up a claim, collect the necessary evidence, and also provide legal protection for the interests of any of the parties.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/mozhno-li-podat-na-alimenty-zadnim-chislom/

Is it possible to apply for child support retroactively?

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Many parents, mainly mothers left without male support, have probably heard about the possibility of collecting alimony “retroactively” - that is, for the past period.

The Family Code is also encouraging in this regard - Art. 107 of the RF IC establishes that alimony can be recovered through the court “retroactively” for a three-year period, but only if the applicant proves that he took measures to obtain it.

This is where the main problem of obtaining funds for child support for past periods lies.

Read also: Putin payments 2020: at the birth of the first child, at the birth of the second

When can you collect retroactive alimony?

As a general rule, alimony is subject to assignment upon satisfaction of the claim from the moment of filing with the court. However, the plaintiff can try to prove that he has the right to demand alimony retroactively - for the three years preceding the application to court. But for this it is necessary to confirm that the plaintiff tried in every possible way to obtain them.

The following may serve as evidence of repeated and unsuccessful requests for alimony:

• SMS and email correspondence on social networks. Even if there is the usual swearing and requests and pleas “Help the child at least a little!” - this will be taken into account by the court as evidence of the claim for child support;
• Telephone conversations , if they were recorded and the date of their conduct clearly follows from them. For example, a mother’s demand to help the baby with something on the eve of the child’s birthday;
• Witness's testimonies. The courts are very wary of them, but can take them into account. Let us immediately make a reservation that the testimony of close relatives is almost never taken into account - after all, it is very easy to come to an agreement with them;
• Letters and correspondence. On the one hand, it sounds ridiculous to send a claim for alimony to your ex-husband. However, such a document will best record the date of presentation of requirements for the maintenance of the baby.
• Other evidence directly or indirectly indicating that the plaintiff has taken measures to claim child support.

IMPORTANT: In order to successfully collect alimony retroactively through the court, the defendant must not pay alimony at the time for which the plaintiff demands to collect it. Even if the defendant sent 1,000 rubles every two months, it will be almost impossible to prove the lack of assistance, even with the help of lawyers.

Lawyers recommend that the child’s mother document any facts of turning to the baby’s father for help. All this can then be used in court to your advantage.

How to collect alimony retroactively - instructions

• Legally, the procedure for collecting alimony “retroactively” for the past period is no different from collecting funds for a child in the standard manner.
• The claim is filed in exactly the same way in the magistrate’s court at the place of residence of the defendant or, at the choice of the plaintiff, at the place of his residence with the child.
• The court is guided by the same articles of the Criminal Code and the Code of Civil Procedure of the Russian Federation, the process follows the same rules, and only the procedure and mechanism for proving attempts to claim alimony for past periods are significantly different.

Yes, and the most important thing: it is impossible to collect alimony for the past period by order - only a lawsuit. After all, this requirement is related to a dispute about the right to receive alimony for the past period and is subject to consideration by the court from all angles.

What to write in a claim?

The requirements for the application are established by the general rules of Art. 131 Code of Civil Procedure of the Russian Federation. You will not find any mention of a claim for alimony, but it is on the basis of these rules and regulations that you need to prepare documents for the court.

The statement of claim will need to reflect:

• Full name of the judicial authority with its address where the claim is filed;
• Full names of the parties to the case, indicating the addresses of registration and actual residence;
• The circumstances of the case, indicating the details of key documents: when the marriage was concluded, when it was divorced, when the child was born, how it was named, etc.
• Complete details of the child;
• Justification of the need to collect alimony in general and for the past period separately;
• Evidence of repeated requests for help from the child's parent;
• Links to practice and laws (recommended);
• Requirements to the court in a list and point by point - first to collect alimony for the past period, and then to collect it for the future;
• Personal signature and list of attached documents;
• Date of filing the claim.

The statement of claim is submitted to the court personally by the plaintiff, his representative, or sent by registered mail. If everything is fine and there are no shortcomings, then the judge will accept it for proceedings within 5 working days and begin preparing the case.

Sample claim for collection of alimony for past periods

If you intend to draw up and file a claim yourself, you can use the sample document below. We strongly advise you to seek the advice of a competent lawyer.

Remember that errors or inaccuracies made when drawing up a claim will result in its return or delay in acceptance. The court will notify you of what needs to be changed and amended, giving you a reasonable time limit.

All documents confirming the circumstances stated in it are attached to the claim. Among them:

• The second copy of the claim for the respondent parent;
• A copy of the plaintiff's passport;
• Information about the payer’s income (if any);
• Evidence of previously applying for alimony;
• Certificate of the child’s place of residence;
• Additional evidence of the baby’s need for increased support.

Other documents may also be required, but only an experienced lawyer can easily create the exact package of applications. You can always ask our specialists a question on the website and get a free consultation.

The general requirements for evidence and attachments to the claim are prescribed in Art. 132 of the Code of Civil Procedure of the Russian Federation, which must be studied when independently preparing documents

The applicant does not pay the fee! Its amount by law is 150 rubles, but plaintiffs in cases of alimony are completely exempt from paying it.

If the claim is satisfied and even if alimony is not collected retroactively, the defendant will still pay the fee.

How much and in what way can you collect alimony retroactively?

The method of collecting alimony is determined taking into account the type of earnings and financial situation of the defendant.

If over the past three years his income was official and can be tracked, then alimony will be collected in proportion to all types of income. Otherwise, they will be set at a fixed amount, and if the defendant, after the court’s decision, does not repay the entire amount, alimony arrears will begin to accumulate.

Arbitrage practice

Unlike trivial cases of collecting maintenance for a child, the practice of courts in this category of cases is very ambiguous. A huge role is played by the obviousness and proof of the requirements of the parent with whom the child lives. If this evidence is obvious, the courts will not have any problems.

Otherwise, you should expect the claim to be rejected.

Example 1: The mother of minor Sergei N. filed a lawsuit against his father for the recovery of alimony in the amount of ¼ of all types of earnings for the child. Additionally, the plaintiff demands to collect alimony for the past 2 years retroactively.

In support, she writes that she sent letters to the child’s father in which she asked him to help financially at least quarterly. Notices of delivery to her have been retained.

The child's father claimed that he transferred small amounts almost every month, but could not provide evidence or account statements.

The court collected alimony for the two years preceding the filing of the claim in court, considering the evidence sufficient to satisfy the claim.

Example 2: Plaintiff Natalia K. filed a claim against her ex-husband, demanding the recovery of alimony in a fixed amount for her son Sergei, and at the same time demanding the recovery of maintenance for the previous period of three years.

In court, the defendant presented a printout of the account, from which regular, almost monthly, payments are visible. Transfers of amounts of 3-5 thousand rubles to Natalia’s account. At the request of the court, the bank provided information about the purpose of payments. They contained entries “For my son”, “For Sergei’s treatment”, “For textbooks” and other information that clearly indicated that the money was being addressed to his son.

The court refused not only to collect alimony for the previous period, but also to collect alimony in general, since for the last year the defendant had not missed payments and voluntarily allocated funds for the child, taking into account his financial situation.

If you paid alimony, but they collect it retroactively?

Unfortunately, often quite conscientious parents can become victims of the insinuations of their ex-partner. Fathers who voluntarily fulfilled the obligation to provide alimony are often attacked by ex-wives for not providing support to the child.

It is very bad if alimony was paid in cash, but the father did not receive a receipt - it will take a long and difficult time to prove the fact of fulfillment of his duties.

Find out how to properly pay child support voluntarily. Be sure to save all transfer receipts, account statements, and receipts. This will avoid unfounded accusations of failure to fulfill parental responsibilities.

Need a lawyer

Consultation with a lawyer when collecting retroactive alimony is extremely necessary. A specialist will help predict scenarios for the development of events and give a definite answer - whether there is a chance of collecting alimony for the past period or focusing on collecting it for the future. Consult our lawyer for free and determine the right course of action for yourself.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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You can apply for alimony or collect it retroactively

Home / Alimony / Is it possible to apply for alimony retroactively?

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It is not uncommon for divorcing parents to agree to share child support. Having reached an oral agreement, it seems unnecessary for parents to sign written documents or, even more so, to go to the courts and executive services.

However, verbal agreements are not always implemented. In the best case, financial support is still provided, but over time it becomes less and less frequent, in smaller amounts, until it stops completely. In the worst cases, verbal agreements are simply ignored, and monetary assistance cannot be achieved.

In the end, you have to resort to the services of judicial and executive authorities to recover money from the children. The question arises: is it possible to apply for alimony “retroactively” and receive amounts of money for the past?

How to collect alimony “retroactively”?

According to the provisions of the Family Code, you can apply for alimony at any time - not only immediately after a divorce or after some time, but even without reference to marriage or divorce. Both parents are required to support the child, regardless of whether they are married or divorced.

In most cases, the collection of alimony begins from the moment you go to court. Is it possible to claim amounts of money for a previous period when they should have been paid, but were not paid or were not paid in full?

Read also: Establishing paternity by DNA: cost, through court, price

According to Article 107 of the Family Code, amounts of money can indeed be claimed for the past - for three years. However, there must be a good reason for this. It is as follows: before going to court, the necessary measures were taken to obtain funds, but were not received due to the obligor’s evasion of payment.

Of course, it is not enough to simply state unfoundedly at a court hearing that attempts were made to obtain payment of money, but were not crowned with success.

It will be necessary to present to the court convincing evidence of the payer’s evasion from fulfilling alimony obligations.

Suitable evidence such as witness statements, telephone conversation records, video recordings, personal correspondence (letters, emails, SMS).

From this we can draw the following conclusion: if a parent does not go to court, he should not seek child support payments on his own. And only if the payer categorically refuses to provide any financial support, in court it is possible to obtain funds for the past period (within the last three years).

If the payer helped the family in the slightest degree, he can provide the court with evidence of this - checks and purchase receipts, witness statements, alimony will most likely be assigned from the moment the claim is filed.

How to apply for child support “retroactively”?

To request retroactive child support, a parent must file a lawsuit in court to collect child support. The statement of claim must focus on the fact that recently the parent, despite demands for joint maintenance of the children, has not paid money.

The following documents must be attached to the statement of claim:

• Plaintiff's passport;
• Birth certificates of minor children;
• An extract from the house register - confirmation of the fact that the children live with the plaintiff parent;
• Certificates of income of the plaintiff and defendant;
• Documentary evidence that child support was requested but not paid by the respondent parent (bank statements, witness statements, telephone records, emails or text messages).

Based on the outcome of the consideration of the claim, the court will decide whether alimony will be assigned from the moment the application to the court is made or whether the past period of non-payment will be taken into account (within three years).

Calculation of alimony for the past period

Alimony can be paid in two forms:

• as a percentage of earnings (one child - 25%, two - 33%, three - 50%);
• in a fixed amount.

If the parent has a regular income, alimony is assigned as a percentage of earnings - the calculation will be based on information about earnings for the last three years, from which the required percentage of alimony will be calculated.

If the parent does not have a regular income, alimony will be assigned in a fixed amount based on the minimum wage, taking into account indexation for the previous period.

Practical advice

So, the law allows for alimony requests “retrospectively” - for the previous three years. However, this requires strong evidence of persistent non-payment of funds despite legal demands.

What advice can you give to a parent who, after a divorce, “takes his word for it”? Put words on paper.

It is not necessary to immediately go to court; you can draw up a written agreement, which, when notarized, will be equal to a writ of execution.

If in the future there are discrepancies between the parent's promises and actions, a written document can achieve more than persuasion and threats.

Attempts to obtain alimony from a parent and his refusal to pay must also be recorded in writing, so that documentary evidence can later be presented in court.

For the sake of fairness, something must also be said about the responsible parents, who often find themselves in an unpleasant situation.

If over the past time they have provided financial support to the family (they bought clothes and shoes for the children themselves, paid for children’s vacation trips, transferred money directly to the mother), but cannot provide evidence of this - no receipts, no checks or receipts, no testimonies of friends or relatives.

You can recommend that they make money transfers to a bank account while keeping the receipt, or hand it over and receive a receipt, and also keep receipts for purchases. Even SMS or emails can also serve as evidence in court if they contain information about providing financial support to the family.

Results

• If the father did not pay child support and the mother did not take any action to obtain funds, she has the right to recover child support payments in court. Accruals will begin from the moment the claim is filed.
• If the mother tried to obtain financial support for the child, but the father did not answer calls and messages, hid, refused to pay money or help in any other way, she can demand child support “retroactively” - for the past three years. To do this, you need to present to the court evidence of the above circumstances.
• Both parents may be advised to retain any evidence of payment or non-payment of monies to present as conclusive evidence in court proceedings.

Source: http://law-divorce.ru/mozhno-li-podat-na-alimenty-zadnim-chislom/

Is it possible to apply for alimony retroactively in 2019: for previous years, from the moment of divorce

The legislation establishes the possibility of applying for child support retroactively, even if the child has already reached the age of majority. To do this, you will need to take into account the limitation period and other nuances that affect the court decision.

Basic information

If the man did not pay alimony, and the mother did not try to get financial assistance from her ex-husband, then, if necessary, she has the right to go to court to establish alimony payments. Funds will begin to be transferred from the day the claim is filed.

When a woman made attempts to obtain alimony from the child’s father, but the man did everything to hide from financial obligations, then she has the right to collect alimony for the past 36 months. During the trial, she will need to provide evidence that she really tried to get financial support for the child from the man.

Thus, if the parents did not enter into an alimony agreement and did not go to court about this after the divorce, and the man continues to help his former family, then he is recommended to keep all receipts and receipts for expenses - this will help him in possible legal proceedings in the future.

Collection of alimony for previous years

The Family Code establishes the mother’s right to file for alimony at any time - both while married, and even if many months have passed since the divorce. To do this, she will need to go to court.

Art. 107 of the RF IC establishes that the mother has the right to demand payment of alimony for the past 3 years, however, if there are compelling reasons. It is necessary to convince the court that the plaintiff takes all necessary measures to obtain alimony, but the other party avoids these financial obligations.

So, during the court hearing, the plaintiff will need to provide evidence of the fact that he took action to obtain alimony. The following may be provided as such evidence:

• video of personal meetings;
• audio conversations and telephone conversations;
• printout of correspondence via SMS, email and regular mail;
• witness statements.

However, if the defendant can provide responsive evidence that he provided assistance to his former family, then the court will establish an obligation to transfer alimony from the date of filing the claim. Evidence may include testimony of witnesses, receipts, receipts for purchases made.

In addition, in order to establish alimony over the past period, the following conditions must be met.

1. Absence of a court order or resolution on forced collection of funds. If the alimony provider did not pay them, then in this situation the plaintiff will need to collect the debt.
2. Absence of an alimony agreement certified by an employee of a notary agency. The presence of such a document indicates that both the mother and father contributed to the financial support of the minor.

If the child is 18 years old, he will have to collect child support on his own behalf. At the same time, the limitation period is the same - 36 months.

How is alimony calculated?

Alimony can be set as a percentage of the income received by the parent (for 1 child the court sets 25% of the salary, for two children - 33%, for three or more - half of the income) or in a firmly fixed amount.

When the defendant has a permanent source of income, alimony is set as a percentage ratio. The court takes information about the parent's salary for the last 36 months to calculate the % for child support payments.

If the defendant does not have a stable income, alimony is established in a firmly fixed amount based on the minimum wage. Indexations for the past period of time are taken into account.

Filing an application for alimony

First of all, the parent will need to draw up a statement of claim to the court, expressing his request for child support for the previous months and years.

The statement of claim shall include the following information:

• name of the magistrate's court, address of its location;
• information about the participants in the trial: full name without any abbreviations, contact information, residential addresses;
• a description of the disagreements between the mother and father that arose regarding the issue of financial support for the minor;
• evidence of the fact that the plaintiff applied for financial assistance to the defendant, but the latter did not make any attempts to provide financial support to the child;
• the plaintiff's demands: to recover alimony payments for 3 years (or a shorter period) from the defendant in favor of the child in a specific amount;
• attached documentation;
• date of application, parent’s signature.

Download a sample statement of claim for the collection of alimony for the past period

As for the package of attached documents, it includes:

1. a copy of the applicant's passport;
2. certificate of family composition (issued at the residence address);
3. a copy of the birth certificate of a child or several children;
4. a copy of the certificate of registration or divorce, if alimony is collected outside of marriage;
5. a certificate from the applicant’s employment address, if he has an official job;
6. a certificate from the defendant’s employment address if this document is available;
7. other documentation that proves the circumstances described in the claim.

You can submit a claim along with the attached documents in person or by registered mail with notification.

You will need to draw up a statement of claim in 2 copies - for the court and for the second parent.

Let's sum it up

Thus, it is possible to collect alimony retroactively, and the limitation period is 36 months. If the plaintiff in court fails to prove the fact that he made attempts to obtain financial assistance from the other parent, then child support will begin to be transferred from the date of filing the claim.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Source: https://pravovoiexpert.ru/alimenty/podat-na-alimenty-zadnim-chislom/