Suspending alimony: is it possible, temporarily?

Paying alimony for the maintenance of a minor child is a long process, during which various situations can occur with both parties to the relationship that affect their financial, social or family situation.

In this regard, the legislation provides for the possibility of suspending the payment of alimony for a time, or completely terminating the fulfillment of such obligations.

general information

If the payment of alimony payments is made by voluntary agreement of the parties, then this document must list all the situations in which one or more transfers can be canceled without applying any sanctions to the alimony payer.

For example, the payer may require such a deferment in the event of a serious illness or loss of permanent employment. The voluntary agreement must contain a clause that provides for the possibility of making alimony payments in advance, for example, when a person goes on a long business trip.

However, with enforcement documents adopted as a result of the trial, the situation is different. According to the court order and writ of execution, payment of alimony payments must be made monthly, within the time limits established by the documents. Delay in the transfer of funds without valid reasons entails the initiation of a case.

As a rule, in such cases, fines and penalties await the defaulter, however, if there is a large debt, bailiffs can seize the debtor’s property for the purpose of its further resale.

As practice shows, bringing the guilty person to administrative or criminal liability entails significant material losses, therefore experts recommend negotiating with the payment collector if any difficulties arise in paying alimony.

Is it possible to suspend alimony payments?

If the payment of alimony is made by voluntary agreement of the parties, then in the absence of deductions the alimony payer can turn to the bailiffs. It is best to do this in advance, because if the claimant contacts a notary and puts a mark on the document indicating a violation of obligations, the case may be taken to court.

If the payer, for any reason, stops paying the funds assigned by the court, the claimant may file a claim to begin enforcement proceedings. This statement must also be recorded by the bailiffs.

Procedure for suspending alimony

As a rule, the initiator of the suspension of child support payments is the payer who, for some reason, is unable to make such payments. In order for this entire procedure to take place in a legal manner and not become the basis for bringing the defaulter to justice, the person must notify certain authorities about the reasons.

First of all, the citizen concerned must file a petition containing all the evidence in his possession.

It is necessary to take into account the fact that after the relevant court decision is made, all alimony payments must be made according to the established schedule.

Accordingly, all debts incurred without proper notification must be paid in full, taking into account penalties and fines.

One of the reasons for suspending alimony payments is the loss of a permanent job by the alimony payer.

To do this, a person must first contact the Employment Center to apply for unemployment benefits for the period of employment.

Of course, the amount of such a payment is several times less than the usual monthly earnings, so a person has the right to go to court to suspend the deductions until he finds a new job.

If, during the analysis of the submitted documents, the judge considers the reasons for the suspension to be valid, the payer will be assigned such temporary relief.

In this case, payment of funds for the maintenance of a young child will be the responsibility of the social insurance fund, and the money will be transferred from public funds.

However, the amount of such payments may be several times less than the previous ones, since the calculation of alimony will be made based on the average wage in this region of the country.

Suspension of alimony payments is possible only in cases where the funds are intended to support a minor child. In all other cases, suspension of obligations is not allowed, and the executive document is canceled.

Is a counter-suspension possible?

In some cases, the collector of such payments may also apply for suspension of the payment of alimony for the maintenance of a minor child. Reasons for such a decision may be:

1. Second marriage.
2. The mother is able to independently provide for her child.

In this case, the judicial authority will also consider all the circumstances of the case. The financial situation of both sides of production, their social status, as well as the mutual desire to come to a solution that will suit all members of this family.

As a rule, such petitions are rejected by the court, since the funds are transferred by the alimony payer for the maintenance of a minor child. And if the mother does not want to receive them, she can open a special account in which the money will be accumulated until the child reaches the age of 18, after which he will have the right to independently manage the accumulated amount.

Most often, such requests are granted only in cases where payments are made for the maintenance of other relatives, for example, when a husband supports his disabled wife.

In such a situation, after being admitted to a hospital, the spouse may apply for a suspension of payments, since her maintenance in this medical institution is fully paid for and she does not need additional funds.

Complete termination of alimony payments is permitted only in the following cases:

1. If one of the parties' financial situation changes.
2. If one of the parties' marital status changes.
3. Other situations in which it becomes necessary to cancel obligations or suspend their execution for a time.

Reasons for termination of obligations

Often, the parties fail to achieve a suspension of the fulfillment of obligations for the material maintenance of a minor child. Then, all that remains for parents is to file an application to stop paying child support. This can be done only in a number of cases defined within the framework of family law:

1. One of the parties died.
2. A disabled person from childhood became capable.
3. The child was adopted.
4. The child in whose favor the deductions are made has reached the age of eighteen.
5. The spouse for whose maintenance alimony was assigned has restored her ability to work and can support herself independently.
6. The party receiving the deductions has entered into a new marriage.

Another reason for the complete abolition of alimony payments is the emancipation of a person. This means that if a child under 18 years of age gains full legal capacity, he or she also ceases to receive support from the parent (except for voluntary assistance). Reasons for emancipation: marriage, full-time employment, opening an individual entrepreneur (with parental permission).

How to draw up an application for suspension or cancellation of alimony payments

The Civil Procedure Code contains a list of requirements for filling out a statement of claim. If they are not followed, the document may be left without consideration.

By law, the claim must include the following information:

1. The name of the court that will decide on the possibility of suspending or canceling the payment of alimony.
2. Full name and other details of the parties.
3. A detailed statement of the circumstances, which also reflects the violation of the plaintiff’s rights.
4. Cost of the claim.
5. Circumstances due to which the plaintiff has grounds to demand suspension or cancellation of alimony payments.
6. List of documents attached to the application.

Among the documents that must be presented together with the statement of claim, there must be a receipt for payment of the state duty.

When is alimony cancellation possible?

As a rule, the judge refuses to suspend the alimony payment to the applicant, and cancels it completely only in the following cases:

1. Challenging paternity.
2. A person's refusal to support his ex-wife.
3. Adoption of a child in whose favor funds were transferred.

Each such case is considered by the judge on an individual basis.

Challenging paternity

Unfortunately, cases where a parent applies to challenge paternity are quite common. Confirmation of this fact is a good reason for canceling the payment of alimony and changing the fate of all parties to the agreement as a whole.

If the evidence presented is not sufficient for the court to make its decision, a genetic examination is carried out upon request. This study makes it possible to determine with 99.9 percent whether a person is the parent of a child or not.

However, there are some exceptions to the law. For example, if it is known that when entering information about the child’s parents into his birth certificate, the man was notified that the baby was not his, the court will not be able to satisfy the petition (this fact is evidenced by a certificate).

Payment of alimony is terminated only after an appropriate court decision made based on the results of studying the evidence and conducting all necessary research.

To prevent alimony debts from accumulating, the man must immediately receive a copy of the writ of execution and hand it over to the bailiffs to close the enforcement proceedings in the case. All accumulated debts that arose before the judgment was rendered must be repaid in full, taking into account all fines and penalties.

Waiver of spousal support

The Family Code provides for the responsibility of a person to support not only his minor children, but also disabled adult citizens who need such support. So, for example, Article 89 of this regulatory act provides for the possibility of paying alimony to support one’s spouse. Such payments are made in the following cases:

1. The wife is disabled and therefore needs support.
2. The wife is pregnant or on maternity leave to care for a child under 3 years of age.
3. If the spouse does not work due to the obligation to take care of a disabled child.

To suspend the payment of alimony payments or stop them completely, you must prove that before the child turns 3 years old, the spouse entered into a new marriage. Accordingly, in this case, the responsibility for maintaining the woman falls on the new spouse.

In the case of a disabled child, suspension of payments is possible only if there is evidence indicating that the minor’s legal capacity has been fully restored. Exemption from alimony payments is also allowed in cases where the spouse has evidence that his wife does not require financial support.

Adopting a child

The fax of the adoption of a minor child indicates that now all responsibilities for maintaining the minor rest with the adoptive parent. Accordingly, the obligation to pay alimony payments also passes to the new person.

In the event that enforcement proceedings are being carried out against the child’s former parent, in order to stop the accrual of alimony, it is necessary to have an order to cancel such a penalty. Such an order is a judicial act.

Cancellation of alimony payments through the court

To suspend or cancel alimony payments, a citizen must contact the government body that made the decision on the need to establish such a penalty. In this case, you need to submit the following package of documents:

1. Applicant's passport.
2. Certificate of birth of a child.
3. Divorce certificate (if available).
4. A document confirming family composition.
5. Documents that indicate the emergence of circumstances that prevent the payment of alimony.
6. The document on the basis of which alimony is paid.

This list of papers must be attached to the statement of claim. After the court considers all the materials presented, it will make a decision to cancel the alimony penalty or to leave the claim unsatisfied.

In the first case, the plaintiff is issued a writ of execution, which must be handed over to the bailiffs to cancel the proceedings.

The withholding of payments, as well as the cessation of accrual of debt, occurs from the day when the person received the court decision. Closing a case retroactively is not permitted.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

Source: https://rualimenty.ru/mozhno-li-priostanovit-alimenty-na-vremya/

Is it possible and how to suspend alimony?

Is it possible to suspend alimony?

Read also: Procedure for communicating with a child: statement of claim, judicial practice, after divorce

Paying alimony is not a one-time procedure, but a long process, usually stretching for years.

Over such a long period of time, serious changes of a family, material, social or other nature may occur in the life of any of the parties to alimony legal relations.

That is why the legislation of the Russian Federation provides for the possibility of temporarily suspending the payment of alimony. Such an initiative can be made by both the recipient and the payer of alimony.

How to suspend alimony

As a rule, the conditions for paying royalties are fixed in an official document, because a verbal agreement is not able to fully protect and secure either party to the alimony legal relationship.

The regulatory document is either a notarial settlement agreement, which is drawn up voluntarily by both parents, or a writ of execution, which supplements the court order and is issued in the event that the parents are unable to resolve the situation amicably and reach a consensus.

How exactly alimony legal relations between entities are regulated depends on how the payment of contributions can be suspended.

So, if we are talking about an amicable notarial agreement, the situation is resolved quite simply - the already concluded document must contain provisions that disclose the conditions under which the suspension of alimony is considered permitted and does not entail the imposition of penalties. Typically, the contract includes clauses such as:

• dismissal from work;
• detection of a serious illness in the alimony payer;
• other difficult life circumstances.

At such moments, the second parent is faced with situations that do not depend on his will. The listing of these points in the settlement agreement guarantees compliance with the constitutional rights of the payer. Often this also includes a person’s ability to pay alimony several months in advance – for example, if a long trip/business trip is approaching.

If a person discovers that these provisions are not in an already drawn up document, he can take the initiative to include them in the contract. However, this can only be done with the consent of the recipient of alimony, because it is unacceptable to make changes to the notarial agreement unilaterally.

With a writ of execution and a court order, everything turns out to be somewhat more complicated, because, according to these papers, alimony payments must be regular and periodic, i.e. be credited to the recipient's account monthly and in full.

However, the payer has the right to suspend the payment of funds if he manages to agree with the other party on a temporary delay.

To do this, the claimant can revoke the writ of execution - employees of the Federal Bailiff Service (FSSP), who carry out enforcement proceedings in most cases, will be required to return the document upon request.

The recipient of alimony does not even need to indicate the reason for the revocation, because requesting this document is his legal civil right. Authorized persons will return the paper, which means they will temporarily stop withholding funds.

Although the claimant may meet the alimony payer halfway and suspend enforcement proceedings for an indefinite period, this does not mean that the latter will be released from the obligation imposed on him by the court. He will have the opportunity not to pay the funds now, but his debt will still accumulate.

Subsequently, the recipient will have the right to again send the writ of execution to the bailiffs and demand that all resulting debt be collected from the debtor.

In some cases, the suspension of alimony payments ordered by court is carried out automatically. We are talking about the following situations (Articles 39 and 40 of the Federal Law of October 2, 2007 No. 229-FZ):

1. Death of the payer, his unknown absence or recognition as dead. There is not even a suspension, but a complete termination of alimony legal relations.
2. Loss of legal capacity by the payer. Payment of alimony is suspended for an indefinite period.
3. The payer served in the military forces of the Russian Federation.
4. The payer is undergoing treatment in an inpatient medical facility.

In all other cases, for failure to comply with a decision of the court and/or an FSSP employee, a person risks facing administrative liability, expressed in the form of a fine or penalty, as well as in the form of seizure of property for its further sale and coverage of debts. Criminal liability measures may also be applied to a citizen if the delay turns out to be too long and the accumulated debt is too significant (then the alimony payer will be considered a malicious evader).

And yet, even the effect of a court order and writ of execution can be suspended if there is a good reason.

To do this, a person will need to submit a corresponding petition either to the territorial branch of the FSSP, which carried out enforcement proceedings against him, or to the court.

This should also be addressed if the notarial settlement agreement does not include provisions on the suspension of alimony, and there is currently no time to include them in the agreement.

Procedure in the FSSP or court

If a person paying alimony under a court order and writ of execution does not want the alimony debt to accumulate behind him, he will not need to negotiate with the collector, but take care of collecting the necessary documents.

It is important that the papers confirm the sufficiency of the grounds and the goodness of the reason according to which the payer will temporarily not send deductions to the claimant.

If a citizen does not properly notify the responsible authorities that he cannot pay the funds due to certain circumstances, then the debt will accumulate, and the debtor himself will face the threat of serious sanctions.

For example, if a person loses his job, he needs to contact the Employment Center to apply for unemployment benefits for the period of employment.

Obviously, the amount of this payment is incomparable with the salary that the average Russian receives.

This means that the assignment of unemployment benefits can be considered an objective basis for suspending alimony, because At this point in time, the citizen has no other income.

First, the payer, who has a valid reason and documents confirming its actual existence (certificates, conclusions, etc.), is recommended to contact the local branch of the bailiff service, because they resolve cases faster than the courts.

However, the FSSP may make a decision that does not satisfy the person - in this case, he should appeal the decision of the bailiffs in court.

If desired, a citizen has the right to completely skip the stage of filing a petition with the FSSP and go straight to court.

It is necessary to contact the court that approved the alimony legal relationship earlier and issued the original writ of execution to the claimant.

An application for suspension of alimony is drawn up according to standard rules for such documents. The citizen keeps one copy and submits the other to the responsible authority.

There is no need to forward a copy of the application to the other party, because the document does not entail the initiation of new proceedings.

The petition submitted both to the court and to the FSSP must include the following mandatory items:

• name and address of the authority;
• Full name, address and contact details of the applicant;
• description of alimony legal relations (who is the payer, how much deductions are collected, in whose favor, in what terms, etc.);
• circumstances that provoked the need to suspend alimony, and the presentation of evidence;
• substantiation of claims with references to legal acts;
• a request for suspension indicating the period or circumstances of renewal (what must happen for contributions to start flowing again);
• signature and date of the applicant.

If the situation has certain complexities and nuances, in his petition a person can refer to a specific case from judicial practice. Depending on the circumstances, it should be as close as possible to the citizen’s case.

Sample application:

The application must be accompanied by documents confirming the validity of the applicant’s claims.

For example, for a person who has been diagnosed with a serious illness, this will be an expert medical report, and for a citizen called up for military service, this will be a certificate from the place of service.

In this case, it is not necessary to attach materials of a purely procedural nature (a writ of execution or a copy thereof, a court order, etc.).

For filing a petition, as well as for considering a case on suspension of alimony, the state fee is not paid either to the FSSP or to the court.

FSSP employees consider the submitted application within a 5-day period from the moment of its registration. In court, this period is extended to 30 days. After this time, the authorized person makes a binding decision.

If the bailiff does not comply with the established time limits, this may serve as a basis for appealing his actions in court.

Counter suspension of alimony

Despite the fact that in most cases the initiator of the suspension of alimony is the payer who finds himself in difficult life circumstances or is faced with objective difficulties, the claimant also has the right to begin a similar process. For example, this occurs when a woman finds a new spouse or gains complete financial independence, due to which she no longer needs help from her ex-husband to support their common child.

If the recipient wishes to suspend the payment of alimony, he also needs to draw up a petition in accordance with all of the above rules. After taking into account the financial, family and social status of both parties, the judge makes his verdict.

However, as practice shows, when it comes to child support, the court rarely decides to suspend alimony, regardless of how prosperous the current condition of both the minor and his parents is.

By law, the funds belong to the common child of the former partners.

Therefore, the claimant is asked to open a separate bank account where the incoming funds will be stored either until the family needs them or until the child turns 18 years old. Then he will be able to manage the money himself.

But if we are talking about the payment of alimony from one adult to another adult, then in this case the court takes into account all the circumstances of the case and makes a decision that takes into account the interests of both parties to the legal relationship as much as possible.

Arbitrage practice

Citizen K. paid alimony in favor of his minor son, 5-year-old N. However, soon the man received a draft notice for military service in the RF Armed Forces.

Then citizen K. turned to the bailiff service, which carried out enforcement proceedings against him and collected the monthly amount of deductions established by the court, with a petition to suspend the payment of alimony in accordance with paragraphs. 3 p. 2 art. 40 Federal Law dated October 2, 2007 No. 229-FZ. As proof, the man attached a certificate of conscription for military service, which he received at the local military registration and enlistment office.

FSSP employees considered the request to be justified, and the reason to be valid and sufficient, and therefore suspended the payment of alimony in favor of minor N. The authorized persons also decided that the obligation to pay money for the child would resume as soon as his father completed his military service.

Achieving a suspension of child support is not easy, especially if the child’s financial well-being is at stake. The fact is that judges and bailiffs rarely agree to accommodate an adult when their decision may affect the interests of a minor.

And yet, positive outcomes are familiar in judicial practice, but you will need to approach the matter with the maximum degree of responsibility: collect a solid evidence base, follow the correct procedure, draw up statements in accordance with current standards. A competent lawyer will help a citizen take into account all the subtleties and nuances of the process.

Is it possible and how to suspend alimony?

• 441 views
• Collection of child support is a continuous procedure that lasts for the entire period of execution of a court decision or the validity of an agreement concluded between the child’s parents.
• From the moment the writ of execution is received by the FSSP until the termination of alimony payments on the grounds provided for by law, payments will be withheld monthly.

Is it possible to suspend alimony by revoking the writ of execution?

In life, sometimes situations arise when it is literally vital for the alimony payer to suspend the payment of alimony. This can be done only in agreement with the claimant, asking him to withdraw the writ of execution.

Such reasons may include the following circumstances:

• Serious illness, before determining the disability group and establishing the appropriate pension;
• Natural disasters or socio-political unrest;
• Job loss;
• Difficult life circumstances (serious illness of family members, close relatives).

In any of these cases, the payer cannot fulfill his alimony obligations and all this inevitably entails an increase in maintenance debt and subsequent liability for non-payment of alimony. And after some time, if the debt is not repaid, it will be collected from his property or funds in his accounts.

The most important thing here is that the alimony payer is not given the right to ask for their suspension! This can only be done by the recipient, who will be able to revoke the writ of execution and then submit it again. At the same time, the bailiffs do not care at all why the writ of execution is being revoked - they will return it and that’s it. There is no particular need to motivate the application to revoke the sheet.

The only exception is when the debtor performs military service under emergency conditions, which may be grounds for suspending the collection of alimony.

Can bailiffs suspend alimony automatically?

Article 40 of the Federal Law “On Enforcement Proceedings” establishes a list of grounds when alimony can be suspended, or more precisely, its forced collection. However, not all points stated there are applicable to withholding child support.

1. Death of the debtor, his unknown absence or declaration of death. However, this paragraph applies if the obligations allow for succession, but this does not apply to alimony. In the event of the death of the debtor, alimony proceedings are simply terminated.
2. Loss of legal capacity by the payer. In this case, collection is stopped for an indefinite period.
3. Serving in the RF Armed Forces under conditions of war, a state of emergency, or participating in hostilities. This is the only case when the claimant himself can ask to suspend alimony.

The cases of suspension set out in the article above, related to:

• With the bankruptcy of a citizen, since alimony obligations cannot be canceled, just as alimony debts cannot be written off;
• With an application for deferment or installment payment of the enforcement fee, since the latter is at least 1000 rubles or 7% of the collection amount, and alimony payments are regular in nature and installment payment of the enforcement fee is hardly applicable to amounts of 1000 rubles.

These are the conditions for the mandatory suspension of proceedings, but the bailiff also has the right to suspend alimony in the following cases:

• The debtor is being treated as an inpatient in a medical institution;
• The debtor requested a suspension of proceedings due to his conscription in military service;
• The alimony payer has been put on the wanted list or a search has been launched for the child;
• The bailiff sent a resolution to take certain enforcement actions.
• In case of challenging the judicial act on the basis of which the executive document was issued.

Suspension of enforcement proceedings for alimony in this case is still the right, but not the duty of the bailiff.

What are the consequences of suspending alimony payments?

If enforcement proceedings to collect funds for a child are suspended, all enforcement actions against the debtor are terminated and the alimony debt is no longer considered if it is not paid.
In fact, this means “freezing” deductions, but in relation to alimony there is still no uniform judicial practice in this direction.

In a number of cases, courts under Art. 40 of the Federal Law “On Enforcement Proceedings” easily suspend the procedure for collecting alimony, while others most often refuse, citing the fact that alimony is a special obligation, the suspension of which will negatively affect the financial situation of the child.

For example, when refusing to suspend proceedings due to an appeal of a judicial act, the courts refer in this case to Art. 211 of the Code of Civil Procedure of the Russian Federation, which provides for the immediate execution of decisions on alimony.

A striking example is case No. 33-9121/2016 of the Irkutsk Regional Court, which upheld the ruling of the trial court to refuse to suspend proceedings for the period of appeal requested by the debtor. The court reasons that stopping the collection of alimony will cause harm to minor children by depriving them of maintenance.

In other cases, the practice of suspending the collection of child support is also negative in relation to the debtor. But this does not exclude the debtor’s right to insist on suspension if, according to the law, there are appropriate circumstances for this.

How to suspend alimony

Suspension of alimony is in some cases an obligation, and in some cases it is the right of a bailiff or court.

Various circumstances listed in Art. 40 of the law on enforcement proceedings are allowed for consideration and assessment without any special requirements. But in order to exercise his right to suspend collection, the debtor will have to comply with a number of formalities.

Where to contact

As already mentioned above, filing a petition to suspend alimony payments is allowed both to the bailiff and to the court.

On any basis from Art. 40 of the Federal Law “On Enforcement Proceedings”, you can request the suspension of the collection procedure first through the bailiff, and only then - to the court. in case of refusal.

In relation to alimony, you can immediately contact the court that issued the judicial act and issued the writ of execution.

Application for suspension of alimony: content, sample

The application is drawn up quite simply; there are no complex requirements or list of mandatory information for it. General details established in office work practice.

So, when submitting an application to the bailiff or to the court, you must indicate:

1. Name and address of the authority to which the document is submitted;
2. Name of the applicant (collector), his full name, address, contacts;
3. Description of the proceedings in respect of which the application is being submitted: when and from whom alimony was collected, in favor of whom, in what amount;
4. Circumstances that entail the suspension of enforcement proceedings and evidence of their existence;
5. References to legal provisions that give the right to stop payments for a temporary period;
6. Practice (preferably, but only if your case is extremely complex);
7. Request for suspension specifying the period or circumstances. For example, “...until the end of military service under conscription.”
8. Personal signature and date of compilation.

Neither the bailiff nor the court will pay a fee for such an application. It is drawn up in two copies for the court, one for the bailiff. Can be sent by mail or presented in person.

You can download the sample below, and if you have any questions in case of preparing a claim yourself, you can always ask our lawyer completely free of charge.

Download the application for suspension of alimony

Documentation

In addition to the application, you must attach documents that confirm the circumstances stated in it.

If, for example, an application to suspend proceedings is submitted by military personnel undergoing military service, then a certificate from the place of service will be required.

No documents from those included in the proceedings (writ of execution, court decision, information about the debt) are required to be attached.

Terms of consideration

The bailiff is obliged to consider the request to suspend proceedings for open collection within 5 days.

The court has a longer period - 30 days, since the application will be considered in the manner established for issues arising from the execution of a court decision.

If there is a delay in considering the application by the bailiff, his actions can be appealed to the court. But as mentioned above, it is better to immediately apply for a suspension to the court that issued the writ of execution.

Need a lawyer

Despite its apparent simplicity, even drawing up an application sometimes raises many difficulties and questions for an unprepared person.
Ask our lawyers any questions that concern you for free, or entrust them with drawing up an application to the court to suspend alimony. Remember, the longer you wait, the more debt will accumulate in your name.

• 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!

Is it possible to suspend alimony payments?

It is your right. To do this, you need to contact the bailiff - the executor with an application to suspend payments. Since loss of work and lack of income are not among the reasons for mandatory suspension by virtue of Article 40 of the Law “On Enforcement Proceedings,” the bailiff will consider the application and give an answer. The second option is to reach an agreement with your ex-wife.

Enforcement proceedings for alimony

After the court decision comes into force or the court order is approved, the writ of execution is transferred to the bailiff service. The bailiff initiates proceedings and notifies the parties of this by sending a resolution. The writ of execution itself is sent to the accounting department of the institution - the debtor’s place of work or to the labor exchange. If he is there.

Alimony must be paid in the amount and within the terms specified in the court decision. The money comes to the current account specified by the recipient of the payments (unless a different transfer procedure is provided).

When debt accumulates, the situation can develop in several ways:

• the recipient of alimony goes to court to collect the debt and penalty;
• The bailiff, by virtue of the powers granted, applies measures of influence against the debtor.

Reasons for non-payment of alimony:

• the debtor lost his job and regular income;
• deterioration of the citizen’s health;
• the onset of unfavorable life circumstances;
• declaring him bankrupt;
• participation in hostilities;
• loss of legal capacity, etc.

You can apply to court to suspend proceedings. There are reasons why the court must suspend the proceedings, for example, a decision to collect an enforcement fee is being challenged. And the grounds on which the court suspends proceedings at its discretion. For example, a long business trip of the debtor, appealing against the actions of the bailiff.

There are controversial reasons for suspending proceedings, for example, if the debtor contacted the police with a statement about the fraudulent actions of the alimony recipient.

How to suspend enforcement proceedings

The legislator, despite the established obligation of the second parent to pay alimony, “enters” into the difficult situation of the debtor and allows the bailiffs to suspend enforcement proceedings. In part or completely. Thus, deferring the payment of alimony for a certain period.

The debtor's algorithm for deferring payments is as follows:

1. Write an application to suspend proceedings addressed to the bailiff. The text must indicate the number and date of initiation of proceedings, the reason for suspension. The debtor must attach documents supporting his arguments.

The application can be submitted personally to the FSSP department, sent by mail or filled out on the FSSP Russia website.

1. Within 3 working days after receiving the application, the bailiff considers it and makes a decision to refuse suspension or satisfies the stated requirement.
2. Based on the results of the consideration, a decision is made, which is approved by the senior bailiff.

For how long can production be suspended? Until the circumstances that caused it are eliminated. For example, the debtor is undergoing treatment in a hospital. After his discharge, production will continue.

Important! If the suspension of proceedings is refused, the applicant has the right to file a complaint with the bailiff’s superior management or with the court.

On what grounds does the bailiff suspend the proceedings:

• revocation of the debtor's license or other permission to carry out any activity that generates income used to calculate alimony;
• the debtor is declared bankrupt;
• a demand has been submitted to the court for an installment plan, deferment of release, and collection of an enforcement fee (if it was imposed);
• participation in the debtor’s hostilities, etc.

Each case is individual. And therefore the citizen’s application must be considered carefully by the bailiff. And taking into account all the circumstances of the case, they will make the final decision.

Deferment of alimony by notarial agreement

If the former spouses have entered into an agreement on alimony and have it certified by a notary, the text of the document may contain a condition on the suspension of payments when certain conditions are met. In this case, the debtor must notify the recipient of the occurrence of the conditions (follow a different procedure) and stop transferring funds for a certain period.

When this condition does not exist, the parties can sit down at the negotiating table and discuss the circumstances under which alimony cannot be transferred. If the spouse does not want to side with the payer, he has several options:

• not to transfer money without permission - the debt will accumulate, the spouse will turn to the bailiffs and then to the court (or directly to the court) for a penalty;
• go to court and cancel the agreement.

Remember! An agreement on alimony, certified by a notary, acquires the force of a writ of execution. If alimony ceases to be credited to the recipient’s account, he has the right to turn to the bailiffs to forcibly collect the debt. In this case, the payer may apply to the FSSP to suspend payments.

Bailiffs are quite reluctant to meet the debtor halfway and suspend proceedings for a while. At least in order not to spoil the statistics. However, their actions are not always legal. To protect your rights, we recommend that you seek help from a qualified practicing lawyer. He will help draw up an application to the FSSP and appeal against the officials’ refusal if he breaks the law.

How to suspend alimony. Read the legal ways in this article

During the period of calculating alimony, anything can happen to both parties: family, social and financial situation can change. The legislation of our country is ready to respond to any situations related to the payment of financial assistance to family members.

Thus, the law provides for the possibility of suspending the payment of alimony for a time or stopping it completely. If payment is made under a voluntary agreement, it should provide for situations in which payment can be delayed without any penalty.

 

For example, if the payer becomes seriously ill or loses his job, payment may be delayed for an agreed time.

There may be a clause in the contract according to which you can make payments for months of travel when leaving on a business trip.

The court, different from the contract, will not allow this: all payments must be made monthly in the prescribed form. Delay without valid reasons will result in the initiation of a case.

In such a situation, fines or penalties are assessed. If the debt is significant, the defaulter's property may be seized. Administrative and criminal liability leads to significant material losses, so it is better to negotiate with the recipient when difficult situations arise. If this is not possible, it is necessary to look for a way to suspend or completely cancel alimony payments.

How to suspend alimony payments

If payments are made by voluntary agreement, in the absence of deductions, the payer can turn to the bailiffs. The notary puts a mark on the document indicating that this agreement is being violated.

If payments ordered by the court are terminated for unknown reasons, it is necessary to open enforcement proceedings. All transfers are recorded by the FSSP.

If there are no receipts, the bailiff must begin searching for the debtor in order to serve a debt order.

Most often, the initiator of the suspension of payments is the payer. In order for everything to go legally, he needs to notify certain authorities about the reasons.

It is required to file a petition with evidence in its possession. It must be taken into account that before a court decision is made, alimony is paid according to the schedule approved previously.

All issued invoices, penalties, and fines must be paid in full.

For example, the question often arises whether it is possible to suspend alimony payments if you lose your job. The situation becomes more complicated if the person who lost his job has other dependents. By registering with the SZN, the payer acquires the right to receive a certain benefit.

Child support from a previous relationship must be collected from him. Given his inability to continue paying the required amount, he has the right to apply to the judicial authorities to suspend the deductions until he can find work.

If the judicial authority considers the reason to be valid, it will suspend the decision to withhold. The payer will be granted temporary relief.

In this case, the payment of alimony becomes the responsibility of the Federal Social Insurance Fund from public funds. Child support is calculated from the average salary in the region (country). After the end of the grace period, these amounts will be withheld from the payer’s salaries.

This option is only suitable in case of payments for minor children. In other cases, the court may completely cancel alimony or allow no further reimbursement.

Counter suspension

Sometimes situations arise when the recipient applies for suspension. The reason may be the recipient's second marriage, or the mother may provide for her children herself. The court will consider all the circumstances of the case, the financial situation of the parties, social status, and mutual desire to reach a solution that suits both parties.

Most often, such a petition is rejected because the money is transferred to support the child. If the mother does not want to receive them, she can open an account that the child can use after turning 18 years old.

The recipient's request is granted only in cases where other relatives are involved. For example, if the ex-husband supports a disabled wife.

After she is placed in a boarding house, the spouse can petition for the suspension or cancellation of payments.

A complete cessation of payments is possible when one of the parties changes their financial or marital status. The main criterion when making a decision is the need for financial support of the parent living with the child.

This happens, for example, due to the fact that the mother’s next spouse has formalized the adoption. Sometimes alimony is canceled as a result of the recipient having a new source of income.

In addition to the above, many other situations may arise in which alimony obligations are canceled.

To do this, the payer must prepare evidence and submit a request to the court to cancel payments. Having waited for the court's decision, the former spouses are no longer dependent on each other.

Reasons for termination of obligations

To find out how to suspend payments, you can study the Family Code. In this document you can find several reasons for stopping the payment of alimony. Most of them are listed in Article 120. Cancellation is provided for the following reasons:

• death of one of the parties;
• the onset of legal capacity of a disabled person from childhood;
• the child in whose favor the retention is taking place reaches the age of eighteen;
• adoption of a child;
• restoration of the earning capacity of the spouse to whom alimony was assigned;
• marriage by the party receiving royalties.

According to the law, the list includes a rich list of reasons for which the status of the recipient of payments changes.

Application for cancellation

The Civil Procedure Code specifies the requirements for the rules for filling out a statement of claim. Among other things, it should include the following information:

• the name of the judicial authority to which the claim is sent;
• Full name and other data of both parties;
• a detailed statement of the circumstances indicating the violation of the plaintiff’s rights;
• cost of claim;
• circumstances that make it possible to demand the cancellation of deductions;
• list of attached documents.

Among the documents attached to the claim, there must be government payment. duties. It can be calculated using the method specified in clause 1, part 1, art. 333.19 Tax Code.

In what situations is alimony canceled?

Most often, the court decides to cancel the withholding of alimony in the following situations:

Each case should be considered individually.

Challenging paternity

This situation arises very often, being the case when the retention not only ends, but a fact is revealed that can completely change the fate of all parties to the conflict.

The possibility of challenging is indicated in the Family Code, according to which a parent (most often the father) files a claim to challenge his or her status as a child’s parents to the judicial authorities.

If the existing evidence base is not sufficient for the court, a genetic examination is prescribed, according to the results of which one can be 99.9 percent sure of paternity.

The law says: if a man, when adding it to the birth certificate, was aware that the child was not born from him, his petition will not be granted.

Withholding is terminated upon receipt of a court decision on the absence of biological relationship.

To avoid accumulating alimony debts, you need to obtain a writ of execution, which is handed over to the bailiffs. This is done in order to close the enforcement proceedings.

Termination of payments to a spouse

One of the types of alimony provided for in Art. 89. SC – spousal support. According to the law, such payments are made in the following cases:

• the spouse has lost her ability to work and therefore needs support;
• if the wife is pregnant or on maternity leave to care for a common child under three years of age;
• The spouse does not work due to the need to care for a disabled child.

To suspend the payment of alimony to a former spouse, it is necessary to prove that before the child turns three years old, she remarried. Thus, the responsibility for her maintenance lies with her new spouse.

Payments under the last point can be suspended only if there is evidence that the child’s legal capacity has been restored. In addition, it can be proven that the spouse caring for the child does not require support.

Adoption

This means that the obligation to support this child rests with the adoptive parent, as well as other rights and obligations imposed by the Family Code of our country. The obligation to pay alimony passes to another person. However, when enforcement proceedings have already begun, an urgent order to cancel is required. A judicial act is the basis for obtaining a writ of execution, which makes it possible to close payments at the time specified by the court.

Cancellation through court

To stop payments, you need to contact the authority that made the decision to accrue them. Required to provide:

• passport;
• birth certificate (copy);
• certificate of termination of marriage (copy);
• confirmation of family composition;
• documents confirming the occurrence of circumstances preventing the payment of alimony (copies);
• document according to which alimony is withheld.

All these documents must be annexed to the claim. After the court reviews the materials, a decision will be made. The resulting writ of execution is handed over to the bailiffs, who are obliged to stop the proceedings.

Withholding of alimony and accrual of debt must be stopped from the day the court decision is received.

As is easy to understand, a suspended writ of execution can only be obtained by a court decision. The exception is a voluntary agreement, which contains a clause on the temporary cessation of payments for reasons agreed in advance.