How to apply for alimony in another city

Moving to another city by one of the parents of a minor child is not a reason or obstacle to paying child support. Very often, mothers are afraid that when their father moves to another city, the process of collecting alimony will be quite difficult. The legislation of the Russian Federation has provided for this case and does not see any difficulties in completing this procedure.

Many recipients of alimony are faced with the following question: is it possible to apply for alimony in another city?

Is it possible to apply for alimony if my husband lives in another city?

Child support payments are a very important point in the maintenance and upbringing of a child. As a rule, after his parents divorce, he remains to live with his mother, and the father is responsible for payments. There are often cases when a father or mother moves with their child to live in another city. What to do in this case? How to apply for alimony under such current circumstances?

According to Articles 28 and 29 of the Code of Civil Procedure of the Russian Federation, a mother who lives with a child has an advantage over the father and can file for alimony in the city where she is registered. In this case, the father will have to come and spend time traveling and traveling during the trial.

How to apply for child support if the child’s father lives in another city

If the parents live in different cities and the recipient of alimony plans to file an application with the court, the procedure will be slightly different from the standard one.

The collection of alimony can proceed in several ways:

1. If the parents agree on a voluntary basis, they will enter into a written agreement on the procedure for calculating alimony, the amount of payments and must have this document certified by a notary.
2. If the parents decide to go to court. In this case, the bailiff will forcefully determine the amount of alimony payments based on his income.

Voluntary alimony payment procedure

The voluntary procedure for paying child support has a number of points that parents need to discuss and agree on in advance:

1. Agree on the terms of alimony payments. What does it mean? Since this agreement procedure is not forced, both parties discuss and come to a common decision on the amount of payments, in what order alimony will be calculated, how and when the payer will transfer it, and how often alimony will be paid. It is imperative that the agreement states what responsibilities both parties bear and what will happen in the event of failure to comply with the terms of the agreement.
2. It is necessary to prepare a package of documents.
3. Parents need to decide in which city they will meet to sign the agreement.
4. The last step will be notarization in order for the document to acquire legal force. This procedure will be paid, so parents should discuss all the points and write them down in the agreement.
5. The most important stage in this case is the fulfillment of the obligations assumed by the parties.

Judicial procedure for collecting alimony in another city

The general rule for filing an application for alimony is that the applicant must file a claim in court at the place of residence of the defendant. But in this case there is an exception, which is provided by law. The plaintiff can go to court in his city at the place where he is registered. To do this, he will need to attach to the application a certificate of cohabitation with the child.

If the mother files a lawsuit in the usual manner, then she should prepare for the fact that she will have to travel to another city before the court makes a decision.

There are cases when the mother goes to court to conduct the process without her personal presence. This is not the best option because then she will not be able to react quickly if something goes wrong, she will not be able to provide arguments or arguments in favor of the child or refute the information.

Sometimes a mother makes a power of attorney for another person who represents the interests of her and the child in court. For example, a lawyer or a close relative.

If we take into account the statistics, mothers turn to the courts in their cities in order to simplify the legal process.

What will you need to submit documents and how to apply for child support if the father lives in another city?

First you need to decide on the procedure for the trial. It can be in two versions:

1. writ is the fastest and simplest, takes no more than five days and does not require the personal presence of the parties. Used if paternity is confirmed and the mother knows where the minor’s father lives and works;
2. claim – it is more complicated and lasts longer (up to two months). In this case, both parties are required to appear in court. Used if paternity is not confirmed, the mother does not have information about the father and his place of residence, if his income is unofficial or he hides it;

The next stage will be preparing a claim or simply an application for the collection of alimony. According to Article 124 of the Code of Civil Procedure of the Russian Federation, the application must indicate:

• the name of the government agency where this application is being submitted;
• Full names of both parties with information about place of residence, contact number;
• a description of why the application is being submitted;
• petition for alimony;
• date and signature.

You will also need to prepare a package of documents that is submitted to the court along with the application:

1. a document that certifies the identity of the parents - passport;
2. child's birth certificate;
3. marriage or divorce certificate;
4. a certificate confirming the child’s residence with one of the parents;
5. documents that confirm the income of the parents;
6. documents showing expenses for the child;
7. other documents.

Then the plaintiff submits this package of documents with the claim and waits for the case to be considered. He can contact:

1. magistrate's Court;
2. district court;
3. city ​​Court;

You can file a claim in person by coming to the court office, or you can send it by mail or transfer it through a proxy. It is worth noting that if the plaintiff transfers documents through a third party, then a power of attorney must be issued to him.

Both parties then receive a subpoena and participate in the trial. During the trial, both parties can present arguments, arguments, and can call witnesses.

After the decision is made, the parties receive a writ of execution - this is a court order to collect alimony from the payer. If the payer refuses to comply with the court decision, enforcement proceedings will be initiated against him to force the collection of child support.

Enforcement proceedings in another city

Having analyzed the moments of filing a claim for alimony payment, the following question arises: how to control the progress of enforcement proceedings if it is being conducted in another city?

According to Article 50 of Federal Law No. 229, the claimant has every right to:

• control the implementation of enforcement proceedings;
• submit complaints, arguments, explanations;

The claimant can write letters, call and find out the current situation of enforcement proceedings. If his requests are ignored, the claimant has the right to file a complaint in court.

Is it possible to apply for alimony if the husband’s place of residence is unknown?

How to apply for child support if the father’s place of residence is unknown? In this case, the claimant will need to go to court.

Procedure in this situation:

1. it is necessary to write a statement of claim;
2. Prepare a package of documents;
3. Appear at the court hearing;
4. Receive a writ of execution;
5. Submit the writ of execution to the FSSP for its forced execution by the payer.

It is worth noting that the procedure will have its own nuances.

According to the law of the Russian Federation, the court does not have the right to refuse the plaintiff if he has not indicated the defendant’s residential address, but such cases do occur.

If this situation occurs, then try sending the application by mail. The court has no right to return it without reason, and if you have all the other documents in order, then there will be no reason to refuse.

After the court accepts the application, it is obliged to ensure the attendance of both parties at the hearing. The defendant, according to Article 120 of the Code of Civil Procedure of the Russian Federation, will be put on the wanted list.

The trial procedure itself will be quite long and at the time of the search the court may suspend the case. But don’t be upset, the search takes place within a reasonable time frame, so the case won’t go on for years. If the defendant does not deign to appear in the courtroom, then the bailiff has every right to pronounce a sentence without his presence and force him to pay alimony.

How to collect alimony if the whereabouts of the husband are unknown

Where to apply for alimony if the whereabouts of the husband are unknown? One verdict will not be enough to collect alimony; you still need to find a payer in order to still receive these payments.

Next, the court is forced to initiate a case and begin collecting alimony by resorting to the following:

• put the alimony payer on the wanted list;
• force the payer to pay alimony while threatening him with criminal liability;
• impose bans on leaving the country;
• temporarily withdraw your driver's license;
• other.

If the payer does not have registration or his location and place of residence are unknown, then a case is initiated at the place of residence of the mother of the minor child.

If after the search the payer is found, the court may do the following:

• continue enforcement proceedings at the payer’s place of residence;
• transfer the case to the FSSP, where the alimony payer lives.

After all operations have been completed, further actions to collect alimony will be handled by the bailiff at the payer’s place of residence.

Is it possible to apply for alimony in another city other than the place of registration or without registration?

If a minor child and his mother are registered in one city and live in another, the rules for filing for collection of alimony will not change and will remain the same.

According to the legislation of the Russian Federation, a statement of claim can be filed at the place of registration of the plaintiff and the child, at the place of residence of the plaintiff and child, at the place of residence or registration of the payer (defendant).

Alimony for a convicted person or serving a prison sentence

The actions that a mother needs to take to receive child support from a convicted person may vary depending on the situation:

1. in relation to the parent who is serving imprisonment, there is no court decision on the collection of alimony;
2. There is a court decision on collection, but the payer does not pay as much as he is serving his sentence.

Filing a claim occurs in the usual manner - the claim is simply filed at the place where the defendant is serving his sentence. You can also file a claim at your place of registration. Legally, it is possible to receive alimony from a convicted person. There are no legal obstacles. The defendant will receive notice of the opening of alimony collection case.

Taking into account all the circumstances and the documents submitted, as well as taking into account the position of the defendant, the court will make a decision on the collection of alimony.

If the marriage is not dissolved, then you can also demand a divorce in addition to this penalty. The law allows divorce from those convicted in absentia without litigation.

If the court has ordered the payment of alimony, the plaintiff will receive a writ of execution. The procedure for collecting alimony in this case will be forced. This writ of execution will be sent to the FSSP at the location of the colony where the payer resides.

If the payer does not work in the colony and does not have the opportunity to get a job, then in this case the court may take his side and write off the arrears of alimony payments due to the current circumstances.

Source: https://rualimenty.ru/kak-podat-na-alimenty-esli-roditel-prozhivaet-v-drugom-gorode/

How to apply for alimony in another city in 2020 - is it possible, without registration, how, where

After a divorce, many families move not only to different apartments, but also to different cities, given that irreconcilable family contradictions lead to hostility, which only long distances can subside.

Read also: Payment of child support after 18 years of age: if the child is studying

However, such a solution to the problem only aggravates the situation, especially if the couple has children together, which require not only participation in the upbringing of both mother and father, but also child support, which is quite difficult to arrange for those living in different localities.

Normative base

From the moment the baby is born, a number of responsibilities are imposed on the parents, which, within the framework of Article 80 of the RF IC, consist of the material maintenance of the children, including the purchase of clothes, toys, school or kindergarten supplies, not to mention a balanced diet and the purchase of medicines.

Also, by virtue of Article 63 of the RF IC, parents are obliged to create all conditions for their own children to receive an education, at least up to the secondary level, and provide adequate living conditions.

Parents are also obligated to raise their children - in particular, to instill ethical and moral qualities, rules of behavior in society, as well as monitor their physical and psychological development, regardless of whether the parent couple lives together or separately due to divorce.

The law initially gave the couple the right to resolve the issue of financial support for the children amicably, by concluding an agreement under Article 99 of the RF IC.

However, from the moment of divorce, many parents who are separated from their children forget about their responsibilities, which is mainly true for fathers. Therefore, mothers are forced to turn to the court for help in order to establish alimony maintenance already forcibly by virtue of Article 81 of the RF IC.

How to apply for child support in another city?

Ordinary citizens enter the legal field quite rarely, and then only when committing legally significant events, such as registration or divorce, so many do not know how to apply for alimony in another city, assuming that this is impossible or will create certain difficulties.

Meanwhile, the law provides for several possibilities for exercising civil rights, namely defending interests through the court, both at the place of residence of the defendant and the plaintiff.

Is it possible?

By virtue of Article 19 of the Constitution of the Russian Federation, every citizen of the Russian Federation has the right to protection, as well as to defend their own interests in any court located on the territory of Russia, but taking into account certain circumstances.

You can file a claim not in any court of your own choice, but based on the characteristics of the future case, as well as jurisdiction and jurisdiction.

That is, the issue of establishing alimony maintenance will be considered territorially in the locality in which the defendant is officially registered, taking into account that, within the framework of Article 28 of the Code of Civil Procedure of the Russian Federation, this is how the powers of the courts are distributed.

Moreover, even in a certain city, not one judge, but several, are vested with powers, who actually consider cases only in one specific area or several, if we are talking about a small city.

Accordingly, in order to file a claim, it is necessary to know the exact address of the defendant.

Although, if the plaintiff - for example, the mother of a child - does not have the opportunity to travel to another locality due to the long distance and the impossibility of leaving the children unattended, in accordance with the norms defined in Article 29 of the Code of Civil Procedure of the Russian Federation, she can file a claim at the place of her own registration or registering a child, but again taking into account certain circumstances.

That is, if the couple has already filed for divorce, and the issue of alimony is considered separately, an application for their collection can be filed at the plaintiff’s place of residence without any conditions.

However, if the court has to resolve two issues simultaneously, namely, divorce with the subsequent determination of the amount of alimony, filing a claim at the plaintiff’s place of residence is allowed only as an exception.

In this case, compliance with Part 4 of Article 29 of the Code of Civil Procedure is required, with the provision of evidence that the plaintiff, for health reasons or if she has small children, cannot leave the city.

Where should you go?

Under the age of 18, children do not have legal capacity within the framework of the law and, therefore, cannot personally go to court to resolve their own interests.

In this regard, by virtue of Article 64 of the RF IC, the powers to defend the interests of children are vested in their parents, who are their legal representatives.

That is, if the same dad avoids supporting his own child, his mother can go to court on behalf of the child, presenting only her own passport and the baby’s birth certificate.

• By the way, the child’s guardian, as well as the adoptive parent, are vested with similar powers.
• At the same time, due to the fact that the statement of claim is filed only taking into account the jurisdiction, that is, only at the place of residence of the plaintiff or defendant, several more options for applying to the court according to territoriality can be considered.
• In particular, the plaintiff in collecting alimony is the baby, the mother only represents his interests.

And since children under 14 years of age, within the framework of the law, must be registered only with their parents, the question of choosing a judicial court based on territoriality does not arise.

However, if for any reason a child, after his 14th birthday, expresses a desire to register with his grandmother or other relative, the matter of establishing alimony support can be considered in court at the place of his official registration.

Also, within the framework of Article 29 of the Code of Civil Procedure of the Russian Federation, if you live in another locality, you can submit claims not in accordance with your existing registration, but at the place of actual residence, of course, if you have written evidence, for example, the same act of residence from the housing office or an apartment rental agreement.

Jurisdiction

By virtue of Article 23 of the Code of Civil Procedure of the Russian Federation, issues of alimony maintenance are resolved by justices of the peace, but this is only if we are talking about a so-called “clean” case, without controversial situations and complications, which may consist, for example, in the preliminary establishment of paternity or divorce of parents.

That is, if at the initial stage it is necessary to secure for the future dad his rights in a legal sense by establishing paternity, it is necessary to initially contact the district court of first instance, where claims for alimony support can also be brought forward at the same time.

A similar procedure is provided for in case of divorce, where it is also possible to simultaneously resolve the issue of alimony maintenance.

If it is not known where the debtor lives

As a rule, in accordance with the requirements of the law, every person residing in Russia must have a permanent or temporary registration.

However, due to certain circumstances, not everyone can meet the deadlines established by law for registration. Moreover, some people completely ignore them, and therefore filing a claim against a defendant without registration causes some difficulties.

Also, similar difficulties may arise if the stay of the alimony holder is completely unknown, given that after the divorce he may leave the city in an unknown direction.

In such a situation, after an oral interview with former relatives about the current place of residence of her ex-husband, a woman, within the framework of Article 29 of the Code of Civil Procedure of the Russian Federation, can file claims for alimony in the court at her place of registration.

At the same time, given that the location of the defendant is unknown, it is advisable to initially establish the amount of alimony as a fixed amount.

Submission order

Filing a claim is not a particularly complicated procedure, given that at the initial stage it is necessary to draw up a claim, preferably with the involvement of a lawyer who will take into account all the legal requirements for the specified document.

The application will also need to be accompanied by a standard package of documents, the number of copies of which will be equal to the participants in the process.

1. That is, at least 3 sets, for the defendant and plaintiff, as well as the judge, or more if the participation of the parties’ lawyers is also expected.
2. Then the claim, along with the documents, is submitted to the office of the magistrate or district court, depending on the claims and nuances indicated above, about which a note is made.
3. And after 3-5 days, the case is transferred to the judge, who already sets a date for the hearing, taking into account the fact that if the debtor (father) is registered in another city, and the issue of alimony is being considered at the place of residence of the plaintiff, time is required to serve the summons through postal services and travel time.

Personally

Of course, personally filing a claim with the court is most preferable, given that in this way the same ex-wife will be sure that her documents have been accepted and after 5 days a date will be set for consideration of her issue, especially if it is possible, and within the framework of the law, to file claim at the place of residence of the plaintiff.

Through a representative

As a rule, it is possible to file a claim for the recovery of alimony maintenance at the plaintiff’s place of residence.

However, if we are also talking about preliminary establishment of paternity or dissolution of family relationships, the plaintiff must apply to the court only at the defendant’s address.

At the same time, if she does not have the opportunity to travel to another city due to caring for small children, it is more advisable to find a qualified lawyer in her own city, issue a power of attorney for him to represent interests in court, and also enter into an agreement for the provision of legal services, which will lead to the desired result without unnecessary hassle, but at significant material costs.

By mail

The law also provides for a third option for resolving alimony disputes if the alimony debtor lives in another city and the plaintiff is not able to travel to his location.

In particular, it is possible to use the mail by sending a statement of claim and the necessary package of documents by registered mail with notification, to which you will need to attach a request to consider the case without the participation of the plaintiff.

Required documents

Any statement of claim requires the validity of the claims made through a package of documents that will be attached to the claim.

So, when filing an application for alimony, you must provide the following data in copies:

• identification;
• child's birth certificate;
• marriage certificate, as well as a document on the termination of family relations;
• a certificate of the place of registration of the plaintiff and the child, as well as the current composition of the family;
• certificate of the woman's earnings.

Statement of claim (sample)

A sample claim for alimony can be found on our website.

• You can download the forms here:
• Claim for alimony
• Claim for the recovery of alimony in a fixed sum of money
• Application for a court order for alimony

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!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://onlineur.ru/kak-podat-na-alimenty-v-drugom-gorode/

How to apply for alimony in another city in the Russian Federation: where to apply, necessary documents, sample application 2020

Often, after a divorce, families move to different cities. If a couple has common minor children, then the former spouses living in different cities complicates the process of formalizing child support obligations. According to Art.

Read also: Transporting children on the train: tickets for infants, up to 5 years, travel without parents

99 of the RF IC, parents have the right to resolve the issue voluntarily by concluding an agreement. If the father evades child support, the mother is forced to apply to the judicial authorities to assign alimony.

If one of the parents lives in another city, this procedure has certain nuances.

Is it possible to apply for child support in another city?

If a parent who evades child support has moved to another city, the plaintiff has no obstacles to collecting child support payments. The procedure for assigning alimony follows the general procedure, but has some amendments.

Parents of a minor can resolve the situation in the following ways:

1. Voluntarily - having reached mutual agreement, a man and a woman enter into an alimony agreement, which requires mandatory certification by a notary.
2. Forcibly - one of the parents goes to court with a statement of claim for the assignment of alimony payments.

According to Art. 19 of the Constitution of the Russian Federation, citizens of Russia have the right to protect their interests in any judicial body on the territory of the Russian Federation. But when filing a claim, you should take into account the circumstances of the case.

Important! A claim is filed in court based on the nuances of the case under consideration, its jurisdiction and jurisdiction. An application for the assignment of alimony obligations is considered according to the territoriality and competence of the judicial authority.

In most cases, the statement of claim is filed at the defendant’s place of residence. If the spouses have already officially divorced, and the mother makes a separate demand for alimony, then no conditions are required to apply to the judicial authority at the plaintiff’s place of residence.

As for the situation when divorce and alimony are considered simultaneously, there are some restrictions.

If the child’s mother cannot travel to another city due to significant circumstances, which are determined by Art. 29 of the Code of Civil Procedure of the Russian Federation, she has the right to go to court at the place of her own registration.

In this case, the plaintiff will need to provide evidence confirming the circumstances that do not allow him to leave the city.

Voluntary agreement on alimony

The agreement on the payment of alimony is concluded in the presence of a notary and both parents. According to Art. 100 of the RF IC, an alimony agreement has the force of an executive document.

Citizens who have come to mutual agreement on the issue of child support need to decide in which city to contact a notary office. The legislation does not provide for restrictions on the choice of place for concluding an agreement.

To enter into an agreement to pay child support, parents must provide:

• passports;
• birth certificate of the child(ren).

The document establishes the amount of alimony payments, terms and procedure for payments. If, after signing the agreement, the father refuses to support the child, the mother has the right to apply to the bailiffs to initiate enforcement proceedings.

Collection of alimony in court

The statement of claim for the assignment of alimony obligations is filed once and only one court order is issued in the case. If the writ of execution is lost, then when filing a corresponding application with the court, the plaintiff will be issued a duplicate of the court order.

Based on Art. 29 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to file a statement of claim both at the place of his own residence and at the place of residence of the defendant. The claim for the assignment of alimony obligations is filed in the magistrate's court.

If the plaintiff knows exactly the defendant’s residential address and his place of employment in another city, he has the right to apply to the judicial authority at the place of his own registration. In this case, the simplified procedure for claim proceedings is applied.

The plaintiff can request alimony at the defendant’s place of residence. In this case, the applicant will have to attend court hearings in order not to miss the presentation of counterclaims and to appeal the court decision in time. In this case, the plaintiff will incur expenses for arriving in another city, which are not recovered from the defendant.

The mother of a minor child, even without registration at the place of residence, can apply to the local judicial authority for the assignment of alimony.

What to do if the whereabouts of the defendant are unknown?

The law obliges all persons staying on the territory of the Russian Federation to obtain temporary or permanent registration. If the defendant is not registered anywhere, it may be difficult to file a claim. Difficulties will also arise if the defendant’s place of residence is unknown to the plaintiff.

To clarify the information, relatives should be interviewed about the location of the child’s father. Then the ex-wife has the right to file a claim for alimony at her place of registration.

Advice! If the location of the defendant, his place of work and the amount of income are unknown, it is better to establish the amount of alimony payments in a fixed amount.

How to file a claim?

The statement of claim must indicate that the defendant does not live in the same region as the child. In this case, the remoteness of the city does not matter.

The claim for the assignment of alimony obligations must contain the following details:

1. Name of the judicial authority, full name judges.
2. Information about the plaintiff and defendant (full name, address, contact phone number).
3. Information about children (full name, residential address, age).
4. A request for alimony, indicating the required amount of payments.
5. Information about the defendant’s place of employment and probable location.
6. Links to regulations on the basis of which claims are made.
7. List of attached documents.
8. Date of filing the claim.
9. Applicant's signature.

Download the statement of claim for the recovery of alimony (Sample.doc)

The following documents must be attached to the application (if available):

• a certificate confirming the defendant’s income;
• a certificate of family composition indicating that the child lives together with the plaintiff;
• a copy of the child's birth certificate;
• a copy of the applicant's passport;
• a copy of the marriage/divorce certificate;
• other documents confirming the grounds for claims.

The application is drawn up in two copies. One remains in court, and on the second the secretary puts a mark of acceptance.

3-5 days after filing the application, the case is transferred to a judge, who will set a court date. Alimony payments will be assigned from the date the claim is filed. The writ of execution on the assignment of alimony is subject to immediate execution.

Methods for filing a claim

It is preferable to file a claim in person with a judicial authority. Thus, the plaintiff will be sure that the documents have been accepted. But if the application is submitted to another city, this method is not always convenient for the child’s mother.

If several claims are being considered at the same time, for example, establishing paternity, dissolution of marriage and assignment of alimony obligations, then the claim is filed at the place of residence of the defendant.

If the applicant does not have the opportunity to travel to another city, a statement of claim can be filed in the following ways:

1. Issue a power of attorney for representation of interests in court to a specialist or other person. You can enter into an agreement with a lawyer to provide representation in court. This method requires material costs.
2. Submit your claim by mail. The application and attached documents are sent to the court by registered mail with notification. The application is accompanied by a request to consider the case without the participation of the mother.

The choice of method for filing a claim for alimony depends on the capabilities and financial situation of the plaintiff. No matter how the application is sent, it will be considered by the court in accordance with the law.

How to collect alimony debt if the debtor has moved to another city?

Often, after alimony is assigned, the debtor evades payments and, as a result, arrears arise. Since the writ of execution is submitted for execution to the bailiff service, they are the ones who collect the debt.

Bailiffs, on the basis of Federal Law No. 229-FZ “On Enforcement Proceedings,” when influencing the debtor, apply the following measures:

1. They call for a conversation with the bailiff. If the debtor does not show up for the appointment, the bailiff issues a forced arrest.
2. They restrict the use of a special right, that is, they suspend the validity of a driver’s license.
3. The debtor is wanted.
4. They impose a ban on traveling outside the Russian Federation, provided that the debt exceeds 10,000 rubles.
5. Seize the property and bank accounts of the debtor.

The application of such a set of measures is complicated if the debtor lives in another city. Bailiffs carry out their activities in the territory of a certain subject.

The bailiff puts the debtor on the wanted list and finds out his whereabouts. If it is established that the alimony person lives in another area where the powers of the department do not extend, the bailiff transfers the enforcement proceedings to another territorial unit.

Since the debtor can be brought to justice only after he is notified of the debt, the bailiffs at the defendant’s place of residence are obliged to notify him of the debt and take all necessary measures to collect alimony.

Transfer of enforcement proceedings to the place of residence of the debtor

If during search activities it is established that the defaulter lives in another city, the bailiff notifies the debtor about this. Then an act is drawn up and a decision is made to transfer the case according to territoriality.

When transferring enforcement proceedings to another city, all original documents, including the court order, are transferred. Copies of the sent documents are stored in the archives of the department where the proceedings were initially initiated.

Enforcement proceedings are forwarded by registered mail or by hand. Also, the claimant can independently transfer the case to another department by providing a written application and a receipt for receipt of documents.

After receiving the proceedings and initiating the case, the claimant will receive a decision on acceptance for execution. Further, all issues regarding the collection of alimony debt are resolved with the FSSP department operating in the debtor’s territory of residence.

Source: https://glavny-yurist.ru/kak-podat-na-alimenty-nahodyas-v-drugom-gorode.html

How to apply for alimony in another city

Many mothers believe that collecting alimony from the child’s father or husband living in another locality is difficult and will require direct trips to the debtor’s place of residence.

However, this is a misconception - the residence of the child’s parents in different cities should not be an obstacle to their equal participation in his material maintenance, as provided for by the Family Code (FC) of the Russian Federation, including through the payment of alimony.

For the convenience of a parent raising a child alone, judicial and enforcement proceedings in cases of collection of alimony can be initiated not only at the place of residence (or stay without registration) of the payer, but also at the place of residence of the claimant - recipient of funds.

In the process of direct execution of a court decision, officials - employees of the Office of the Federal Bailiff Service (UFSSP) - depending on the area of ​​distribution of their territorial powers, will independently decide where enforcement actions will be taken against the alimony payer.

How to apply for alimony if the defendant lives in another city?

If a parent who is not involved in the financial support of the child lives in another city, this will not be any kind of obstacle to the initial collection of alimony

The same rules apply here that apply when collecting alimony in the general case, with a slight adjustment for distance.

As usual, the mother and father of a minor can resolve the issue of maintaining a common child in two ways:

1. Voluntarily (by mutual consent) - i.e. by reaching a mutual agreement and concluding a voluntary child support agreement with a notary.
2. Forcibly (unilaterally) - i.e. at the initiative of one of the parents according to the rule of alternative jurisdiction (to the court at the place of residence of the defendant or at his place of residence) by filing with the magistrate’s court:

Voluntarily by agreement of the parties

When drawing up a notarial agreement, parents living in different cities must only decide in which locality to visit a notary so that he can certify the written agreement and the conditions accepted in it (Article 100 of the RF IC).

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Obviously, for the convenience of the mother and child, it is more expedient for the father to come to the city of their residence (especially if this is actually done by mutual consent).

In this case, the parties to alimony legal relations (future payer and recipient) must visit a notary office together with the following documents:

• passports of the parties;
• child's birth certificate.

The procedure for concluding an alimony agreement in a notary’s office in 2017 will cost parents 5,000 rubles. (the so-called notary fee for certifying the agreement of the parties).

After this, the payer only has to regularly pay the amount established by the agreement for child support. Otherwise, the child’s mother has the right to contact the bailiff service to initiate enforcement proceedings to collect alimony (the notarial agreement itself has the force of a writ of execution).

Collection of alimony in another city through court

When filing a claim for the recovery of alimony to the court, Art. 29 of the Code of Civil Procedure of the Russian Federation, as an exception, provides for the filing of a claim for the collection of alimony both at the place of residence of the defendant and at the place of residence of the plaintiff and the child (again, for the convenience of considering the case of the party in need).

• If the plaintiff knows exactly such information about the defendant as his place of residence and place of work in another city, then he has the right to apply to the magistrate’s court at the place of his registration with an application for the issuance of a court order to collect alimony from the evading parent (simplified procedure assignment of alimony through the court).
• If the plaintiff does not know the defendant’s place of employment, it is more advisable to apply to the magistrate’s court in the manner of a full-fledged claim proceeding immediately with a statement of claim for alimony .

If the plaintiff wishes to bring a claim to the court at the place of residence (location) of the defendant, he must be prepared for the fact that it will be difficult to get to the hearings due to the distance of his residence from the place of consideration of the case, and if he applies for holding the hearings without his participation, then he can encounter difficulties during the trial process - changes in the claims not in favor of the plaintiff, failure to file objections in time, etc.

Therefore, when initially assigning alimony to the future recipient of funds, it is more advisable to file a claim with the court at your place of residence in order to personally participate in trials and defend your claims.

A sample statement of claim for alimony from a nonresident person (who was originally a resident of another city) can be viewed here.

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Is it possible to apply for alimony in another city without registration?

In general, in alimony proceedings, the purpose of which is to maintain the material well-being of a minor child, the place of registration of his parents does not play a significant role - the point is that the collection of alimony can be initiated not only at the place of actual registration of the claimant and the child, but also at the place of their actual residence (stay).

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

If a parent and a child are registered in the same city, but have moved to a permanent or temporary place of residence in another city or even in another region, then the rules for filing a claim for collection of alimony payments do not change:

• the claim can be filed in the magistrate’s court at the place of actual residence of the plaintiff and the child (including without registration at the place of residence, i.e., regardless of the place of actual registration);
• a claim can also be brought to the magistrate's court at the location of the defendant .

After the court considers the case on the assignment of payments in favor of the recipient and a writ of execution is issued demanding the court to withhold alimony for a minor child, the claimant can:

• or independently send a writ of execution to the department of the bailiff service at the location of the defendant (i.e. at the address of his registration or actual residence);
• or ask the court to send a writ of execution to the territorial department of the Federal Bailiff Service at the payer’s residential address.

It turns out that alimony payments can be collected at the location (or registration) of both the recipient and the payer of the funds, but the actual execution of the court decision (i.e. enforcement proceedings) must be carried out by the department of the Bailiff Service at the location (or registration) payer.

How to apply for child support when the child's father moves to another city?

Changing the place of registration (registration) or place of residence is a fairly common occurrence in everyday life: for some, the move is associated with the acquisition of a new home, for others they work in another city or move due to duty or a new marital status. Also, sometimes situations arise that the child’s father changes his place of residence without changing the registration address: i.e. the registration remains at the previous address, but in fact the person moves and begins to live and work in a completely different place.

What should a fund collector do in this situation? The procedure in these cases is quite simple. Step-by-step instruction:

1. A claim for the collection of alimony is filed in the usual manner: at the place of registration of the payer or the claimant.
2. After repeated failures of the future alimony payer to appear at court hearings, the judge makes a decision to collect alimony.
3. The court decision comes into force together with the writ of execution for the assignment of funds.
4. The applicant takes the writ of execution from the court and takes it to the district department of the Federal Bailiff Service at the place of registration of the child support parent.
5. After the initiation of enforcement proceedings, the bailiff tries to contact the future payer.

   If it is impossible to communicate with the alimony provider and there is no receipt of alimony to the collector, the official is obliged to put the debtor on the enforcement wanted list (Article 65 of Federal Law No. 229-FZ “On Enforcement Proceedings” dated 10/02/2007).

6. After the investigative measures have been carried out and the actual location of the defendant has been established, the bailiff independently makes a decision to redirect the enforcement proceedings to the appropriate department.

If the defendant for alimony obligations for some reason does not have registration at all or it is unknown, the place of execution of enforcement actions will be considered the territorial division of the Federal Bailiff Service at the address of registration (residence) of the claimant (Article 33 of Federal Law No. 229-FZ “On Enforcement Proceedings” ).

How to collect alimony debt when the debtor moves to another city?

• It often happens that with monthly payments, alimony debt - the amount of unpaid funds by the debtor, accumulated over a certain period of time, which can reach a wide variety of sizes.
• Since bailiffs bear official responsibility for the timely execution of the requirements of court decisions and orders, they provide and must apply a wide range of measures aimed at forcing the debtor to repay debts:
• However, the stumbling block becomes the territoriality of the powers of a particular official.

If, during search activities, the defaulter is found living in a city or district, the territory of which is not covered by the powers of the bailiff in charge of the case, he does not have the opportunity to bring the person to justice, but will have to transfer the enforcement proceedings to the territorial division of the FSSP at the location of the debtor (clause 7 Article 33 Federal Law-229 “On Enforcement Proceedings”).

Since the obligatory factor preceding bringing the defaulter to any type of liability is his preliminary personal notification , then the FSSP unit at the new place of residence of the draft dodger will be obliged to take all possible measures to collect the resulting alimony debt, especially since it will already be territorially authorized for any method of notification the defaulter about liability (by summons, telephone call and even registration of forced delivery).

The procedure for transferring enforcement proceedings to another division of bailiffs

When investigative measures establish the changed location of the defaulter, the bailiff is obliged to:

1. Notify the claimant about this as a party to the enforcement proceedings.
2. Draw up an act and resolution on redirecting enforcement proceedings to the place where the debtor was identified.
3. No later than the day following the date of the decision on the transfer of enforcement proceedings, redirect the case to the appropriate department for subsequent execution.

When redirecting a case for the collection of alimony, the bailiff transfers only the original documents: court decision, court order, writ of execution. Copies of this documentation are kept in the department for the initial initiation of enforcement proceedings.

The bailiff is obliged to redirect the enforcement proceedings by means of registered mail (as documentation of special value) or, at the oral request of the alimony collector, transfer the case to him for personal redirection to another unit.

In the latter case, the claimant writes a receipt confirming the acceptance of the original documents. A sample receipt for accepting a child support case for the purpose of redirecting it to another territorial division is given below (it can also be downloaded from the link).

To the head of the Sovetsky district department of bailiffs N.V. Hometown Bryansk, st. Stepnaya, 12

collector Shvedova E.A., Bryansk, st. Fokina, 75-44, tel. xx-xx-xx

Statement

In accordance with Art. 33 of the Federal Law of January 2, 2007 No. 229-FZ “On Enforcement Proceedings”, on the basis of investigative measures taken to identify the whereabouts of the debtor Shvedov Yu.V.

I ask you to transfer to me the enforcement proceedings for the collection of alimony payments from Shvedov Yu.V. in favor of the minor son of Shvedov V.Yu. for personal transfer to the territorial Administration of the Federal Bailiff Service for the Karasun district of Krasnodar at the address: Krasnodar, st.

Stasova, 180/1 and subsequent enforcement actions.

With this application I confirm receipt of the originals of the following documents:

• original court order;
• resolution on debt settlement.

08/22/2017 ______________ E.A. Shvedova

When enforcement proceedings are received at a new place of execution of enforcement actions, all powers relating to the received case are transferred to the bailiff who has the territorial right of action. A dispute about the place of subsequent actions between the territorial bodies of the Federal Bailiff Service is unacceptable (Clause 14, Article 33 of Federal Law No. 229 “On Enforcement Proceedings”).

How can a debt collector communicate with a bailiff in another city?

1. If the recipient of the funds and the bailiff are in different cities, and the collector does not have the opportunity to control the enforcement proceedings by periodically coming to see the official, then do not forget about telephone conversations and sending postal correspondence.

2. It does not matter whether the participants in alimony proceedings live in the same or different cities - the requirements of the writ of execution must be fulfilled in full and within the time period established by this document, and the actions of officials must be aimed at ensuring its strict execution.

3. Based on Art.

   50 of the Law “On Enforcement Proceedings” the parties (one of which is the claimant) have the right to take an active part in the conduct of the proceedings, namely:

• get acquainted with the case materials;
• give your reasons;
• give explanations;
• file challenges and appeals;
• be informed about the progress of enforcement proceedings, etc.

Taking into account the provisions of the above article, you can periodically (preferably on visiting days) call the UFSSP department by phone to find out the current state of affairs with the debtor or send questions of interest by registered mail.

If written requests are ignored and answers to the questions posed are not provided, the claimant has the right to write an official complaint about the actions (inaction) of the bailiff to a higher official or to the court on whose territory the FSSP unit is located.

Source: http://alimenty-expert.ru/vzyskanie-alimentov/v-drugom-gorode/