Enforcement proceedings for alimony: deadlines, law, sample

Family law contains a definition of alimony - money paid for the purpose of material support for a child or a disabled husband, wife, as well as father and mother.

Where does it start?

The first stage is the issuance of a resolution to initiate enforcement proceedings for alimony. The grounds for starting depend on how mandatory payments are collected. The following options are available:

• When funds are collected on the basis of an agreement on alimony payments drawn up in a notary’s office, concluded between spouses. In this case, there is no need to submit a request for payment of salary. In cases where the alimony payer allowed the formation of a debt through his own fault, the agreement is used as a writ of execution and is attached to the application for alimony payments. The bailiff will carry out the collection according to the rules that the husband and wife established in the agreement.
• In cases where collection occurs under a judicial act, a writ of execution is required to start enforcement proceedings. This document is received in the court where the judicial act was adopted after it has acquired legal force.
• In addition to alimony payments, the legislator also provided for the possibility of collecting a penalty, the amount of which is 0.5% of the debt amount. In order for the debtor to pay the penalty, it is necessary for the bailiff to provide the alimony recipient with information about the debt and the calculation of the penalty, after which the person in whose favor the payments are being collected sends an application to the court to collect the debt, and he is issued a new writ of execution.

What actions should be taken when contacting bailiffs?

Along with the application for collection of alimony payments, it is necessary to submit the original writ of execution or an agreement on the procedure for alimony payments. There is no need to pay any taxes when seeking help from the bailiff department.

It should be noted that when turning to bailiffs with a request to initiate enforcement proceedings for alimony, you can request in advance to impose an interim measure in the form of arrest on the debtor’s property. Then the likelihood of receiving funds will be higher, and in addition, it will speed up the collection process.

It is necessary to send an application to initiate enforcement proceedings on alimony payments to the bailiff department at the place of residence of the alimony payer.

Information that the application must contain

It should contain the following data:

• FULL NAME. and address of the alimony payer;
• Name of his place of work, address, telephone number, other information about the employer (if known to the claimant);
• Data on the amount and procedure for withholding alimony payments;
• Information about the alimony recipient (full name, address, telephone numbers, etc.);
• Details of the bank account to which funds should be credited.

If the documentation is in order, the bailiff within three days opens enforcement proceedings for the collection of alimony, sending copies of the decision to this effect to the applicant and the payer. Afterwards, the debtor has 5 days to voluntarily pay the outstanding payments.

What happens next?

Enforcement proceedings by bailiffs for alimony are carried out in a certain order. It looks like this:

• In case of non-receipt of payments on a voluntary basis, the bailiff transfers the writ of execution to the accountant of the institution where the alimony payer works. After this, the amount of money assigned for collection will be collected from his salary and other types of income;
• If a citizen obligated to pay alimony payments does not have an official income, the bailiffs can, as an alternative, foreclose on his property. In this case, first an inventory and assessment of the property is carried out, and then it is sold at public auction. After the debt is repaid, the remaining funds (if any) are returned to the defaulter;
• If the amount of alimony payments changes, the writ of execution will be issued again, and the bailiffs will carry out further collections based on the new document.

Suspension of enforcement proceedings

The circumstances under which an employee of the bailiff department can suspend enforcement proceedings are listed in Article 40 of the Law “On Enforcement Proceedings”. This list is closed.

Proceedings are suspended by the bailiff in the following cases:

• If the alimony payer has died;
• In the event that the debtor has become incapacitated;
• If the payer takes part in hostilities or armed conflict;
• If, in the course of arbitration proceedings, a decision is made on the insolvency of the payer. 

Also, the bailiff has the right to suspend enforcement proceedings on alimony if:

• The debtor is undergoing treatment in a medical institution.
• Investigations are being carried out against the payer or his property.
• If the debtor requested a suspension due to service in the Armed Forces.

A judge can also suspend the execution of a judicial act when:

• Requests have been made to lift the seizure of the alimony payer’s property.
• In case of disagreement with the assessment of the property subject to foreclosure.
• If the debtor does not agree with the collected enforcement fee.

The judge has the right to suspend proceedings if the following circumstances exist:

• If the payer challenges the judicial act on which the collection document is based.
• In the event that a complaint has been received against the actions (or inaction) of bailiffs.
• Receipts to the court of a request for clarification regarding the order in which the document must be executed.

Resumption of enforcement proceedings on alimony

To resume the procedure, the person in whose favor the payments are being made must re-submit the original writ of execution to the bailiffs along with an application to resume the proceedings. It should contain information about the periods of receipt and non-receipt of funds, as well as a requirement for bailiffs to calculate the debt with the subsequent adoption of the necessary resolution.

Termination of enforcement proceedings

To terminate the procedure for collecting alimony, the debtor’s reluctance to pay will not be enough. The circumstances specified by the legislator must exist:

• The death of the person who had the obligation to pay.
• The child reaches his eighteenth birthday.
• If the child was adopted.

In addition to the above, the following events lead to the cessation of production:

• The judge's decision to terminate proceedings.
• Cancellation of the judicial act on the basis of which payments were collected.
• Cancellation or recognition of the invalidity of the document that forms the basis for the penalty;
• The claimant refused to pay, and the judge accepted the refusal.
• The alimony recipient and the payer signed the peace agreement.

Enforcement proceedings for alimony are terminated due to the impossibility of re-submitting an application for collection.

Ending

Last stage. The procedural document on the basis of which the enforcement proceedings for alimony are completed is adopted in the following cases:

• When the alimony payer has actually fulfilled all the requirements.
• If the person receiving the payments independently applied for the return of the executive documentation.
• If the alimony recipient has expressed a refusal to receive the debtor’s property as recovery.
• In case of failure to establish the location of the payer.
• When the person on whom the obligation to pay is imposed does not have a bank account or other property.
• If the judge demands the return of the writ of execution.
• In case the recipient himself obstructs collection.

The final date of enforcement proceedings for alimony must coincide with the last payment.

Debtor's liability

In case of deliberate understatement and concealment of one’s income, the offender faces administrative punishment in the form of fines. Russian legislation provides for criminal liability for malicious evasion of the fulfillment of one’s alimony obligations.

Source: https://BusinessMan.ru/ispolnitelnoe-proizvodstvo-po-alimentam-zayavlenie-sroki.html

Enforcement proceedings for alimony, termination and completion of enforcement proceedings for alimony

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Issues related to the conduct of enforcement proceedings are regulated by the Federal Law “On Enforcement Proceedings” and the Methodological Recommendations on the procedure for fulfilling the requirements of enforcement documents for the collection of alimony (No. 01-16 of June 19, 2012). And being aware of the key points of the procedure for withholding funds is important not only for officials competent in this area, but also for the parties to the process - the collector and the debtor.

When necessary

• The need to initiate enforcement proceedings arises if there is no agreement between the recipient and the payer on the procedure and amount of monthly transfers.
• Most often, this happens when the alimony holder refuses to voluntarily pay part of his income for the maintenance of a relative or family member who, by law, needs to receive financial assistance from him.
• In accordance with the Family Code of the Russian Federation, the category of alimony recipients includes:

1. Minor children.
2. Adult disabled children.
3. Disabled needy parent.
4. Spouse (including ex-wife) during pregnancy and during the first three years of the child’s life.
5. A spouse caring for a common disabled child (until he reaches 18 years of age) or a disabled child from childhood of group I.
6. The husband/wife or former spouses, if they lost their ability to work during marriage or within a year after the divorce, or retired no later than five years after the divorce.
7. Minor brothers, sisters and grandchildren, if they cannot get the necessary help from their parents.
8. Adult disabled brothers, sisters, grandchildren in case of need and lack of material support from parents, children, spouse.

A person in need of assistance or his legal representative (one of the parents, guardian, trustee) for the forced collection of alimony first applies to the court, and then to the bailiff, who, by virtue of the powers vested in him, organizes the withholding of funds from the debtor’s income in during enforcement proceedings.

Reasons for establishment

According to Art. 30 of the Federal Law “On Enforcement Proceedings” (No. 229-FZ), a case for the collection of alimony is initiated on the basis of a writ of execution and a written statement from the interested person.

The following may be accepted as an executive document:

An application for opening enforcement proceedings is drawn up by the claimant or on his behalf (only a parent, guardian, trustee or proxy acting on the basis of a notarized written authority can become a representative).

What does the claimant have the right to expect?

The standard amount of alimony maintenance is not established by law. It is determined individually, based on the level of income of the payer and recipient, the existence of other material obligations of the alimony provider, the need to pay off additional sources of expenses, etc.

There are certain instructions regarding the amount of alimony in favor of a minor - according to Art. 81 of the RF IC, by default, a percentage of the parent’s total income is allocated for the maintenance of children: 25% for one child, 33% for two and 50% for three or more.

The following are taken into account:

1. Wage.
2. Prizes, allowances.
3. Job salary.
4. Pensions, benefits (including unemployment).
5. Scholarships
6. Income from business activities, rental and sale of personal property, etc.

If the reliable amount of the payer’s income cannot be established or it is unstable, the child’s representative has the right to file a claim for the recovery of alimony in a fixed amount.

Monthly maintenance for other family members is determined exclusively in the form of a fixed payment (not in a shared ratio).

Debtor's liability

For violation of the requirements set out in the executive document, the alimony provider faces administrative and criminal liability.

Preventive measures in accordance with the Code of the Russian Federation on Administrative Offenses are applied at the first sign of evasion. It can be:

• 150 hours of compulsory work.
• 10–15 days of administrative arrest.
• 20,000 rubles as a fine.

In cases where the violator was brought to administrative responsibility, and this did not have a positive impact on his behavior, the punishment is assigned to him, already based on the provisions of the Criminal Code of the Russian Federation.

Malicious evasion of alimony obligations is punishable by:

• 1 year of correctional labor.
• 1 year of forced labor in specialized centers.
• 3 months of arrest in complete isolation from society.
• Up to 12 months of imprisonment in correctional institutions.

You can achieve the appointment of preventive measures for an unscrupulous alimony provider through the court or the bailiff service

Where to contact

Initiation of enforcement proceedings, according to Art. 33 of Federal Law No. 229-FZ, is carried out by the bailiff service at the place of residence/stay of the debtor or the location of his property.

If this place is unknown, you need to start from the last known address of the alimony provider. And subsequently, after searching for postcards, the case can be transferred to the authorized unit.

Deadlines

In accordance with Art. 211 of the Civil Procedure Code of the Russian Federation, an order or court decision to collect alimony is subject to immediate execution. Therefore, if voluntary repayment of obligations cannot be expected from the payer and a debt has already arisen on them, the interested person has the right to turn to the bailiffs.

The period of application is limited to the period of validity of the obligations to support the relative plus three years after. For example, apply for collection of arrears of alimony for:

• a minor until he reaches 21 years of age (18 years + 3 additional years);
• for a pregnant woman or mother of a common child - until the child reaches 6 years of age.

Demands to establish maintenance for a pensioner or disabled person can be presented at any time, since the basis for receipt can disappear only in the event of a significant improvement in the financial situation of the recipient, since working capacity will no longer be restored (except for cases of recovery of a person who has not reached retirement age).

Enforcement proceedings for the collection of alimony should last no more than two months. During this time, the bailiffs are obliged to achieve repayment of obligations by the debtor or ensure the receipt of the necessary amounts from the funds belonging to him.

Procedure for initiating enforcement proceedings

The opening of a case on forced collection of alimony is carried out by a bailiff after receipt of a corresponding application on behalf of the recipient (or his legal representative) and a writ of execution.

An authorized official will issue a resolution on this matter within 24 hours. The bailiff sends a copy of it to the debtor, and if he does not reconsider his position within 24 hours after receiving it, enforcement measures will be taken. They are preceded by:

1. Search for the debtor, his place of work, collection of information about the sources and amount of his income.
2. Sending a notice of opening a case.

If, within 24 hours after delivery of the summons, the alimony provider does not send his official consent to the presented demands and does not begin to transfer money to the recipient, legal proceedings will be initiated.

An appeal to the bailiffs must be in writing and display the following information:

1. Full name and passport details of the claimant, his telephone number or other contact information.
2. Details of the executive document.
3. Calculation of the amount of alimony obligations, amount of debt.
4. Full name, place of residence, work, location of personal property, sources of income of the alimony provider.
5. Bank account number of the creditor (for transferring funds).
6. Other information that may affect the course and results of enforcement proceedings.

 Download sample appeal

Documentation

The following documents are attached to the application:

1. Executive document.
2. Certificate of income of the debtor.
3. Birth or marriage certificate of the claimant, a certificate from the ITU (to confirm the basis for receiving alimony).
4. Other documents allowing you to establish the amount of salary.

The minimum required when contacting a bailiff is an application and a writ of execution. The remaining papers can be requested by the official independently during the search for the debtor.

The legislation provides for cases when, instead of a decision to initiate proceedings, the bailiff issues a refusal. This happens in the following cases:

1. The application is missing or not signed by the recipient (except in cases where a personal signature is not required, for example, due to the incapacity of the claimant or in the case when representatives act on his behalf by power of attorney).
2. The territorial jurisdiction of the consideration of cases has been violated.
3. The deadline for filing claims for alimony has passed.
4. The writ of execution is missing, it was drawn up with violations, or a case has already been initiated based on it.

The bailiff's refusal can be appealed to a higher official or in court within 10 days.

The further process depends on the presence and size of alimony debt. If the payer has no accumulated outstanding obligations or they do not exceed 10,000 rubles, the bailiff issues a decree to withhold the established amount from his income and a decree to terminate enforcement proceedings.

If the alimony provider has a debt in the amount of more than 10,000 rubles. , the case does not stop, and the authorized official, as part of debt collection, carries out the following actions:

1. Sends to the place where the debtor receives income a package of documents necessary to withhold alimony.
2. If the income is insufficient, it forecloses on the bank accounts and other property of the alimony provider.
3. Sells the payer's material assets at auction.

The bailiff periodically carries out measures to search and identify new (or previously undetected sources of income) until the debt is repaid.

How to suspend enforcement proceedings for alimony

The suspension of the case for the collection of alimony is carried out by the court or the bailiff.

The court suspends proceedings in the following cases:

• The owner of the property filed a claim in court to lift the arrest or challenge the results of its assessment.
• At the request of the interested party, an appeal of the executive document is carried out.
• The debtor is on a long business trip.
• An appeal by the claimant, debtor or bailiff for clarification of the provisions of the writ of execution.
• Initiation of a case to appeal the actions/inactions of the bailiff.

These powers are transferred to the bailiff if the debtor:

• Loses capacity.
• Participates in hostilities.
• Files a claim regarding the procedure for paying the enforcement fee.
• He is being treated in an inpatient facility.

Proceedings are suspended until the circumstances that led to this cease.

Termination of enforcement proceedings

The case of forced collection of alimony is closed in the following cases:

1. Death of one of the parties to the process (debtor and/or claimant).
2. Loss of the opportunity for the debtor to begin to fulfill the demands of the creditor.
3. Refusal by the claimant of alimony.
4. The parties reach a settlement agreement in court.
5. Recognition of the executive document as invalid.

When approving the decision to terminate enforcement proceedings, the bailiff makes a note about the full or partial fulfillment of alimony obligations, and their re-examination becomes impossible.

Proceedings for the collection of alimony are considered completed in the following cases:

1. Fulfillment of stated requirements.
2. Declaring the debtor bankrupt.
3. Transferring a copy of the writ of execution to the debtor’s place of work to collect monthly payments from him in the established amount.

The termination of the case is not an obstacle to carrying out enforcement actions on it in the future - both the claimant himself and the senior bailiff or his deputy have the right to resume the process on their own initiative.

Qualified legal assistance is needed at all stages of the process of collecting alimony, but especially during enforcement proceedings. Without it, the creditor and the debtor risk facing unlawful actions of officials, and each of them risks the dishonest behavior of the opposite party.

To avoid misunderstandings and obvious violations of your legal rights, it is important to contact lawyers in a timely manner, especially since, thanks to the specialists of our website, this is available free of charge and in a format convenient for you - online or by telephone.

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

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Source: https://ros-nasledstvo.ru/ispolnitelnoe-proizvodstvo-po-alimentam/

Enforcement proceedings for alimony in 2020 - deadlines, how to resume, how to terminate, how to suspend

Alimony payments are assigned by a court decision or established by a settlement agreement voluntarily concluded between the parents.

After considering the dispute, the court issues a writ of execution, and on its basis, enforcement proceedings are opened, in which alimony payments are made.

On what basis are enforcement proceedings for alimony initiated, how to correctly draw up an application to the bailiff service, and what actions can be taken within the framework of the enforcement case to ensure repayment of payments?

What is the procedure

Enforcement proceedings are the last stage of the judicial procedure for collecting alimony based on a court decision.

In addition, the bailiff accepts other enforcement documents to collect payments, for example, a voluntary alimony agreement certified by a notary.

Reasons

The bailiff can begin proceedings to collect alimony payments on the basis of the following documents:

• a writ of execution issued by a judicial authority after consideration of an alimony dispute in a lawsuit;
• a court order issued by the court at the request of the claimant in a writ procedure (the order should not be canceled due to the payer’s objection);
• a voluntary alimony agreement of the parties regarding the procedure and amount of payments, which was concluded by mutual consent and certified by a notary.

During what period can I apply?

The Federal Law “On Enforcement Proceedings” regulates that documents have a certain period for presentation for execution.

Thus, writs of execution and court orders must be presented to bailiffs within 3 years from the date of their issuance.

The countdown of the three-year period for enforcement documents in disputes regarding the collection of periodic payments begins from the end of the retention period.

Who is responsible

The bailiff is responsible for implementing the requirements of the writ of execution. The other parties to the proceedings are the collector of payments and the payer of deductions.

The legal representative of the claimant may be the parent of the child or the guardian of the incapacitated person.

Proxies of the parties, translators or specialists, for example, real estate appraisers, may also act in the proceedings.

How is enforcement proceedings for alimony carried out?

You can submit a writ of execution to the bailiff to open proceedings during the entire payment period and for three years after its expiration. To start production you need to follow this procedure:

• have a writ of execution at your disposal (if a court order or order is lost, you need to get a duplicate of it; if you lose a voluntary alimony agreement, contact the notary who certified it);
• present the document to the bailiff service (FSPP);
• draw up an application for opening an enforcement case.

The bailiff, on the basis of the document and application, must, within 24 hours from the moment of their receipt, open proceedings or refuse to initiate them.

A corresponding decision is made about the discovery, which the bailiff sends to the debtor and to the court hearing the case within the next day.

Submitting an application

The application and all papers regarding alimony must be submitted to the territorial office of the bailiff service located at the payer’s place of residence.

When applying to the bailiff service, you do not need to pay any taxes or state fees. When submitting the document to the bailiff, you can explain in detail the situation with the debtor, and also ask to seize the payer’s property as security for subsequent payments.

Structure

The application must include the following information:

• personal data of the payer, his place of residence;
• all information that is known to the recipient of payments about the employer, position held and contact information of the debtor;
• information about the amount and frequency of payments;
• Full name, residential address and contact information of the claimant;
• information about the account to which contributions should be received, or information about other options for transferring funds and documents confirming its implementation.

Download a sample application for opening enforcement proceedings

What actions do bailiffs take?

After the opening of proceedings, the bailiff takes actions aimed at collecting information about the payer. To establish the workplace, residential address, registration of the debtor and whether he has various property, the bailiff must send relevant requests to government agencies and various institutions.

After establishing the debtor’s place of work, the FSSP employee sends the employer a writ of execution.

All papers must be transferred to the company’s accounting department, which makes monthly deductions from the debtor’s earnings for alimony.

When calculating alimony, the employer must adhere to the following rules:

• collection occurs as a percentage or in a fixed amount strictly in accordance with the writ of execution;
• funds are withheld from all income, including disability benefits for the duration of illness;
• You can write off alimony from the salary and sick leave debtor as alimony for minor children in an amount not exceeding 70% of income (exceeding is possible if collected under an alimony agreement);
• alimony is calculated from the amount of earnings after deducting all taxes from it;
• collection of alimony is carried out as a matter of priority, all other writs of execution are carried out after deduction of alimony.

The bailiff must exercise constant control over the employer’s compliance with the provisions of the executive documents.

If the amount of alimony is set at a fixed amount, then the bailiff or employer must promptly index payments based on changes in the cost of living.

The employer must inform the executor about the dismissal of the debtor and in this case return all the writs of execution. The payer is also obliged to inform the bailiff about a change of job or place of residence. If the payer is an individual entrepreneur, then the contractor must oblige him to provide data on income every month.

If information about the payer’s workplace is unknown or the debtor does not provide information about income from business activities, then the amount of monthly share payments to pay off obligations is calculated in accordance with the average earnings in Russia.

If the debtor has no income or is insufficient to pay, then the executor can seize the payer’s property, providing an opportunity to pay off the debt. In case of non-payment of the debt, the bailiff has the right to evaluate the seized property and organize its sale in order to pay off the resulting debt.

Possible difficulties

Among the problems that are most often encountered in enforcement proceedings are the payer’s evasion of payments.

Debtors often resort to the following tricks:

• change of address of residence, registration or stay;
• change of surname or first name;
• dismissal from work, constant transfers to other jobs;
• registration of your property in the name of relatives or friends;
• refusal to receive a “white” salary in favor of other payment options.

The opening of proceedings to bring him to administrative or criminal liability for evasion of payments can contribute to the debtor’s consciousness. Both the bailiff and the recipient of alimony can initiate an investigation into the offense.

Unlawful actions of the bailiff or his inaction in the proceedings can also slow down the collection procedure. In this case, the claimant needs to file a complaint with the leadership of the FSPP body or the prosecutor's office.

Suspend, resume, terminate

The suspension of enforcement proceedings can be initiated by the court in the event of a challenge to the writ of execution or upon a petition to cancel the bailiff's decision.

The executor, as part of the proceedings, may suspend the collection process in the event of a search, serious illness, loss of legal capacity of the debtor, his death, with the possibility of succession of obligations, or on the basis of other reasons provided for in Article 40 of the Federal Law “On Enforcement Proceedings” (hereinafter referred to as the Law).

The suspension is carried out for a period until its reasons are eliminated, after which a decision is made to resume it.

The decision to terminate the proceedings is made in the cases specified in Art. 47 of the Law, including the actual payment of alimony, the return of a writ of execution and other reasons.

It is important to note that alimony obligations are not inherited and if there is no debt, the proceedings must be closed. However, the accumulated alimony debt is transferred to the debtor's successors, therefore, until all circumstances are clarified, the proceedings are suspended.

FAQ

In enforcement proceedings in alimony cases, it is worth paying attention to the following nuances.

1. If the document is lost

If a writ of execution is lost, the legislation provides for the possibility of its re-issuance.

• An application for a duplicate must be submitted to the judicial authority before the deadline for presenting papers for execution has passed.
• 2. Typos in the document
• Even the court is not immune from errors and typos in its decisions, so in order to eliminate them in the writ of execution, you need to submit a corresponding application to the court office.
• 3. Shelf life of paper
• In accordance with the law, an enforcement file in general must be kept for a period of 5 years after its expiration or termination.

The legislative framework

Enforcement proceedings for the collection of alimony are regulated by the Family Code of the Russian Federation, the Federal Law “On Enforcement Proceedings”, various orders and methodological recommendations of the FSSP of the Russian Federation.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Source: http://sudguru.ru/alimenty/ispolnitelnoe-proizvodstvo-po-alimentam/

Time limits for enforcement proceedings on alimony

Collecting alimony is a rather complicated topic. The point is not even that the debtor often refuses to pay alimony. Often the reason for the delay in cash receipts lies in the bailiffs, that is, in their unwillingness or inability to fulfill their duties.

Therefore, if the plaintiff is determined to seek the funds allotted to him by the judge’s decision, then he needs to carefully examine the enforcement proceedings for alimony, what deadlines are established, where to submit the papers and who to contact if the bailiffs shirk their duties.

Each case is unique and individual. Understanding the basics of the law is useful, but does not guarantee results. The possibility of a positive outcome depends on many factors.

To begin the enforcement process for collecting alimony payments, you need to submit any of the following documents to the bailiff service:

• writ of execution (issued by a judicial authority);
• extract from the court order;
• original or copy of the agreement on payment of alimony, which is certified by a notary (in both cases).

According to the law, there are several options for paying alimony obligations if a resolution has been filed:

1. through a bailiff when submitting a writ of execution;
2. payment on a voluntary basis (for example, transfer to the recipient’s card) with mandatory notification of the bailiff service;
3. deduction of part of earnings through the accounting department;
4. arrest and subsequent sale of the payer’s property;
5. transfer of part of the debtor's property to the creditor as payment.

There are cases provided by the legislator when it is possible to obtain the return of alimony:

• if the claimant presented false testimony to the court, on the basis of which the judicial authority made an unlawful decision;
• if the payer has agreed to voluntarily pay alimony payments under pressure;
• if the claimant, in order to initiate enforcement proceedings, presented the bailiffs with a court decision in the form of a forgery.

In all other cases, for example, if the payer loses regular income, a decrease in his level of earnings, a change in the marital status of the parties, termination of alimony payments is not provided.

If the payment of funds was prevented by force majeure circumstances, then, upon their resolution, the collection of obligations continues. There are no grounds for stopping enforcement proceedings in this case.

How to start enforcement proceedings?

According to the law, you can begin the process of collecting alimony funds at any time within three years after receiving the relevant document.

Note!  If the resolution specifies the deadlines for enforcement proceedings on alimony, the bailiff service is obliged to begin enforcement proceedings within this time frame, plus 3 years from the expiration of the last deadlines.

The end of enforcement proceedings must coincide in time with the moment of the last alimony payment. If the payer still has a debt, then they have no right to close the case. The bailiffs must collect all debts from him. According to the requirements of enforcement proceedings for the collection of alimony payments, they are given 3 years to do so.

Note!  The peculiarities of enforcement proceedings for the collection of alimony obligations are such that only the collector has an interest in this. Therefore, we have to fight not only with the dishonesty of the payer who does not provide payments, but with the improper performance of duties on the part of the bailiff services.

Enforcement proceedings in cases of payment of alimony funds often do not proceed as quickly as the recipient would like. In this case, the recipient of alimony payments is obliged to defend his own rights by filing a complaint about the inaction of authorized persons to the necessary authorities.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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Source: https://alimenty.ru/alimenty/vzyskanie/sroki-ispolnitelnogo-proizvodstva-po-alimentam/

Resolution on initiating enforcement proceedings on child support

Article current as of: January 2020

When the court process for assigning alimony has passed, the question arises of how to directly assign the awarded payments in order to wait for their actual receipt.

In order for the debtor to be officially declared alimony payer in relation to the claimant and begin to transfer funds (or re-register property) to the interested person (i.e.

recipient of funds) must take measures to initiate  enforcement proceedings.

• Enforcement proceedings are legal measures aimed at enforcing a court decision (court order, agreement) against the payer-debtor, in order to satisfy the legal rights to payments of the needy claimant.
• To begin (initiate) enforcement proceedings, the claimant needs to obtain a judicial basis - a writ of execution , as well as prepare title documents of the parties, collect the maximum available information about the debtor (if possible), and on the reception day contact the territorial department of the FSSP for the subsequent fulfillment of the debtor’s obligations on the merits .
• The powers to initiate and refuse to initiate, conduct, suspend, and resume enforcement proceedings belong to the Federal Bailiff Service (hereinafter referred to as FSSP), a separate unit of which in terms of conducting a specific case is the bailiff .

The procedure for obtaining a writ of execution and its features

A writ of execution is a form containing certain court requirements, on the basis of which enforcement proceedings are initiated. The issuance of a writ of execution by the court is regulated by Art. 428 of the Code of Civil Procedure of the Russian Federation and occurs in the following order:

1. Issued by the court after the court decision has entered into legal force, except in cases of immediate execution. A sheet issued by the court before the decision comes into force is void.
2. It is handed over to the claimant personally at his request or application (depending on the circumstances).
3. At the oral or written request of the claimant, the court may send the following to the place of subsequent execution:
   • in the form of mail or by court courier;
   • in the form of an electronic document signed by a judge with an enhanced qualified electronic signature.

The claimant should be very careful when receiving and checking the writ of execution and not neglect the following advice:

1. When you receive a document that has entered into force, carefully check all the data contained in it (full name of the claimant and debtor, date of birth, amount of payments). If you notice errors in letters, dates, or declensions, immediately point this out to the court.
2. The operative parts of the court decision and the writ of execution must completely coincide , literally word for word - if a deviation from the court decision is noticed, it is necessary to urgently point this out to the assistant judge who issued the document and demand correction.
3. You cannot embroider the writ of execution or remove blank pages.
4. Be sure to make a copy of the writ of execution and the court decision for yourself, since the originals will subsequently be handed over to the place of execution.
5. If a court order or writ of execution lost (corrupted):
   • due to the fault of the claimant - you can petition the court to issue a duplicate of it;
   • due to the fault of an authority - the guilty official can be held accountable.

Executive documents for the collection of alimony payments can be presented for execution during the entire period of frequency of the presented payments, as well as for three years after the expiration of the payment period (Article 21 of Law 229-FZ “On Enforcement Proceedings”).

Where is the writ of execution submitted?

When you receive a writ of execution in your hands, you must contact it directly to the territorial department of the FSSP to give a “start” to enforcement proceedings.

According to the document “Methodological recommendations on the procedure for fulfilling the requirements of enforcement documents on the collection of alimony” (approved by the Federal Bailiff Service of Russia on June 19, 2012 No. 01-16), reflecting the procedure for initiating and conducting enforcement proceedings, the package of documents is submitted:

• at the place of residence (actual stay) of the debtor.
• at the location of the payer’s property.

If the place of residence or stay of the debtor and his property changes in the process of enforcement proceedings, and the powers of the bailiff do not territorially extend to this area, the latter has the right to make a decision to transfer the case to another division of the FSSP. Disputes between departments regarding the conduct of production are not permitted by law.

• Answer a few simple questions and get a selection of site materials for your case 

If there is no information about the location of the debtor and his property, enforcement actions by the bailiff can be carried out both at the last known address of the debtor and at the place of residence of the claimant until the location of the payer or his property is revealed (Article 33 of the Law “On Enforcement Proceedings” 229-FZ ).

Application for initiation of enforcement proceedings for alimony

Before contacting the territorial body of the FSSP, you must first find out the department’s work schedule and its visiting days and hours for citizens.

This is necessary because the scope of work of bailiffs is far from “desktop” - a specialist may be at a trial, on a raid, carrying out documentation work and most likely will not conduct an appointment on a non-reception day.

Required documents for application:

• claimant's passport;
• child's birth certificate;
• writ of execution (original);
• court decision (original).

This is important to know: Is a writ of execution withheld from sick leave?

At the reception of a service specialist, you will be required to provide title documents and will be asked to write an application to initiate enforcement proceedings containing:

• personal data of the claimant (full name, address, passport details, contact numbers);
• information about the executive document (name, date, number, issuing authority);
• amount and date of collection;
• information about the debtor (full name, address, passport details, registration and residence addresses, place of work, contact numbers);
• details of the claimant's bank account to which the awarded funds will be transferred;
• other information relevant for execution.

A sample application to initiate enforcement proceedings in 2018 for alimony is given below:

Source: https://pravagarant.ru/postanovlenie-o-vozbuzhdenii-ispolnitelnogo-proizvodstva-po-alimentam-na-detej/

Enforcement proceedings for alimony execution deadlines

• Name of his place of work, address, telephone number, other information about the employer (if known to the claimant);
• Data on the amount and procedure for withholding alimony payments;
• Information about the alimony recipient (full name, address, telephone numbers, etc.);
• Details of the bank account to which funds should be credited.

If the documentation is in order, the bailiff within three days opens enforcement proceedings for the collection of alimony, sending copies of the decision to this effect to the applicant and the payer. Afterwards, the debtor has 5 days to voluntarily pay the outstanding payments.

What happens next? Enforcement proceedings by bailiffs for alimony are carried out in a certain order.

Initiation of enforcement proceedings for alimony

Important When a debtor is engaged in individual entrepreneurial activity, the bailiff obliges him to submit monthly documented information about income for the purpose of calculating alimony. If such information is not provided, the average salary in the territory of the Russian Federation is taken as a sample salary. If the debtor has no income or is insufficient to repay the debt, then the bailiff has the right to seize property belonging to the debtor, giving the latter a period of time to hand over the funds to the collector. When funds are not paid, the bailiff, in accordance with the established procedure, evaluates the debtor’s property (including property located at the debtor’s place of residence), and then organizes the sale of the seized property at a set price with the subsequent transfer of proceeds from the sale to the recoverer.

Enforcement proceedings on alimony: features and changes

Copies of such a resolution are sent to the debtor, the collector, and the court. Lawyer Mikhail Skigin answers questions regarding enforcement proceedings for alimony.

Attention You may find in it something important and necessary for solving problems. Video below. Enforcement measures Next, the bailiff acts according to the model specified in the law: he takes all necessary measures to collect information about the debtor (place of work, residence, registration, availability of property).

In this regard, the contractor sends written requests to government bodies and organizations that have the relevant information. If it was not possible to establish information about the debtor, the bailiff contacts the internal affairs bodies with a request to search for the debtor.

Enforcement proceedings for the collection of alimony

In a writ of execution (sheet, order, agreement), the amount of amounts to be collected can be determined either in a fixed amount, or as a share of earnings, as well as in the form of a combination of these principles.

• Withholding occurs from all the debtor’s income established by Government Decree No. 841, including temporary disability benefits (that is, for the period of the employee’s illness).
• The amount of money that can be written off from the salary and sick leave of an employee is limited: if we are talking about alimony for children under 18 years of age, then the maximum limit is 70% of income, when recovering in favor of other family members - 50%.

This:

• insurance payments;
• payments in the event that a person is injured in the performance of his official duties;
• lump sum payments upon the birth of a child (but not maternity benefits);
• allowances for work in hazardous working conditions or in the Far North.

Only the bailiff has the right to request data on sources of income as part of enforcement proceedings. However, you can help him if you know about the payer’s sources of income and how to obtain them.

This becomes especially relevant if the payer evades payment of alimony and the seizure of his property is required. You can, for example, send a request to the traffic police to determine whether the debtor owns a car.

Time limits for enforcement proceedings on alimony

• a writ of execution of a strictly established form (issued by the court when considering a case on the collection of alimony in a general claim procedure)
• court order (issued by the court based on the results of consideration of an application for the collection of alimony in the order of judicial writ proceedings)
• notarized agreement of the parties on alimony (signed between the person obligated for alimony and the recipient of alimony voluntarily, on the basis of a general agreement; a sample agreement is not established by law)

If one of such documents falls into the bailiff service (the document is presented by the recoverer together with the application to initiate proceedings), then the latter, if the sample writ of execution, order, agreement meets all formal requirements, issues a resolution to initiate enforcement proceedings.

End The last stage. The procedural document on the basis of which the enforcement proceedings for alimony are completed is adopted in the following cases:

• When the alimony payer has actually fulfilled all the requirements.
• If the person receiving the payments independently applied for the return of the executive documentation.
• If the alimony recipient has expressed a refusal to receive the debtor’s property as recovery.
• In case of failure to establish the location of the payer.
• When the person on whom the obligation to pay is imposed does not have a bank account or other property.
• If the judge demands the return of the writ of execution.
• In case the recipient himself obstructs collection.

The final date of enforcement proceedings for alimony must coincide with the last payment.

Validity period of the writ of execution for alimony

The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent. Sincerely, Mikhailovsky Yuri Iosifovich. urist-prava.My YouTube channel: http://goo.gl/Crfv3z Personal consultation

• Within three days after receipt of the writ of execution by the service, the sheet is handed over to the bailiff.

Enforcement proceedings for alimony

• If the child was adopted.

A voluntary agreement on the payment of alimony payments may contain additional conditions under which payments are terminated - the expiration of the period during which the obligation to pay is provided; the occurrence of circumstances with which the agreement binds the termination of payments. In addition to the above, the following events lead to the cessation of production:

• The judge's decision to terminate proceedings.
• Cancellation of the judicial act on the basis of which payments were collected.
• Cancellation or recognition of the invalidity of the document that forms the basis for the penalty;
• The claimant refused to pay, and the judge accepted the refusal.
• The alimony recipient and the payer signed the peace agreement.

Enforcement proceedings for alimony are terminated due to the impossibility of re-submitting an application for collection.

Enforcement proceedings for alimony: application, deadlines

But, unfortunately, events do not develop this way in all cases, and in such a situation there is a need to take other measures.

Enforcement proceedings for alimony are one of the means that can be used by contacting the persons responsible for it - employees of the bailiff departments.

Where does it start? The first stage is the issuance of a resolution to initiate enforcement proceedings for alimony. The grounds for starting depend on how mandatory payments are collected.

That is, they have rights and obligations regulated by law. They are needed:

• for collectors - to take timely measures and facilitate the receipt of payments;
• debtors - to avoid legal liability for late payments, non-payment, warnings, appeals against illegal acts;
• bailiffs - to perform legal actions within the assigned powers aimed at satisfying the property rights and interests of the claimant. Without infringing on the rights of other participants in the production.

Legal status of the bailiff The activities of FSSP employees within the framework of enforcement proceedings are regulated by Art. 64 FZ-229.

Deadline for submitting a writ of execution As for the deadline for submitting a writ of execution to the SSP, the law has contradictory provisions that can mislead uninformed citizens.

As a general rule, the period for submitting a writ of execution is 3 years and is calculated from the moment the court decision on the basis of which it was issued comes into force.

However, in cases of alimony obligations (as well as in other cases involving periodic cash payments), the validity period of the writ of execution will be different. You can submit a writ of execution throughout the entire period of alimony obligations. In addition, a three-year statute of limitations applies.

Source: http://law-uradres.site/ispolnitelnoe-proizvodstvo-po-alimentam-sroki-ispolneniya/