How to collect alimony debt: if the debtor has no property, if the children are over 18 years old

The Family Code of the Russian Federation provides for the procedure for paying funds for the maintenance of a child until he reaches the age of majority, after which they cease. If the payer does not make transfers, the debt accumulates.

If the alimony debt began to accrue before the child came of age, then the payer is obliged to pay the entire amount of the debt, taking into account the penalty, even after the child reaches the age of 18.

If the payer refuses to repay the debt, a claim is filed in court to force collection of the debt with the help of bailiffs.

Is it possible to claim child support payments after the child reaches the age of majority?

As a rule, child support payments stop when the child reaches the age of majority. The Family Code of the Russian Federation has two articles indicating the termination of payments for a child after 18 years of age:

• Clause 1 of Article 80 of the RF IC – stipulates the obligation of parents to support their children until they reach adulthood;
• paragraph 2 art. 120 of the RF IC - contains a condition for termination and extension of payments after reaching adulthood.

There are a number of grounds under which child support payments can be extended after the child reaches adulthood. Such reasons include:

• conclusion of a voluntary agreement between the child and the parent who lives separately to extend payments. The document drawn up must be certified by a notary;
• the child for whose maintenance alimony is paid has a disability of group 1 or 2;
• if there is arrears in child support payments even before the child reaches 18 years of age. In this case, the entire amount of the debt must be paid regardless of whether the child has reached the age of majority or not;
• the child requires expensive treatment or rehabilitation;
• declaring a child incompetent after he reaches 18 years of age.

Methods for determining the amount of alimony payments

The issue of financial support for adult children can be resolved in one of the following ways:

• conclusion of a voluntary agreement on the further payment of child support between a parent and an adult child. The document must specify the amount of alimony (assigned as a share of income or in a fixed amount), the timing and procedure for money transfers;
• filing a claim in court if the parents were unable to reach a compromise on controversial issues on their own. In this case, the court assigns alimony in a fixed amount of money, based on the needs of the child and the financial ability of the parents.

Who can go to court with a claim for alimony?

A statement of claim to the court for the recovery of alimony after the child reaches the age of majority can:

• an adult child on his own;
• second parent living with the child;
• a person who is the guardian of an incapacitated adult child;
• guardianship and trusteeship authorities (in case of evasion of responsibilities for financial support of the child by both parents).

They have the legal right to initiate the process of collecting alimony for the maintenance of a child who has reached the age of majority. And who exactly will file the claim depends on the reason for the extension of payments.

Filing a claim

The claim must be made in writing and must contain the following information:

• full official name and address of the court to which the application is being filed;
• personal data of the applicant and respondent (full name, passport details, registration address, telephone number);
• information about the child (full name, actual address of residence, date and place of birth);
• justification for the need for payments;
• put forward requirements;
• date of document preparation;
• applicant's signature.

Depending on the number of requirements, additional items may be added to the application. Sample:

List of required documents for filing an application

In addition to the application itself, the court must provide a certain package of documents:

• passport of an adult child;
• birth certificate to establish family ties between the child and the defendant;
• a certificate from the house register about the composition of the family;
• information about the income of the child and the parent with whom he lives (taking into account the state child benefit);
• an official conclusion of a medical commission on the child’s incapacity for work or a court decision establishing the fact of incapacity for work;
• medical certificate assigning a child 1 or 2 disability groups.

In order to make a decision, the court carefully studies the financial and marital status of the parents, their state of health, and the level of costs of maintaining the child.

Whether the parents are officially married to each other or divorced does not matter.

The court takes into account only the degree to which they fulfill their parental responsibilities, their current marital status, the presence of other dependents or child support obligations, their financial viability and compares them with the child’s income and his needs.

What types of liability can arise for evasion of alimony payments?

If the payer evades alimony payments, a debt begins to form. In order to collect a debt, the recipient of funds must draw up and submit a statement of claim to the court. For evasion of payment, the payer may be held liable for the following types of liability:

• Civil responsibility. Penalties are charged for late payments. In this case, the debtor will have to pay 0.5% of the total amount of debt for each overdue day from the established day for making payments.
• Administrative responsibility. Debt collection in this case is carried out by the bailiff service. The debtor can be held accountable in such ways as: issuing a recognizance not to leave the place, seizure of property or bank accounts, a fine, deprivation of parental rights, deprivation of the right to drive a vehicle.
• Criminal liability. This type of punishment is resorted to only in cases of malicious evasion of payment of funds for child support. According to Article 157 of the Criminal Code of the Russian Federation, the following types of punishment are provided: correctional labor (for up to 1 year), forced labor (for up to 1 year), arrest (for up to 3 months), imprisonment (for up to 1 year).

If previously alimony payments were established in the form of a fixed sum of money, then the calculations made previously are taken as the basis.

After the court decision is made, the writ of execution, which indicates the amount and procedure for payments, is sent to the employer, who will directly collect the prescribed amount of money from the payer’s salary.

If there is no information about the defendant’s income, then the amount of debt is assigned taking into account the average salary in the country, or is set as a fixed amount of money.

How is alimony arrears calculated?

In order to collect the debt, the recipient is given 3 years from the date of filing the claim in court. The debt is calculated by the bailiff service. But the calculation method depends on the form in which alimony payments were assigned and how willing the debtor is to cooperate with the authorities.

If the alimony payment was assigned as a share of the payer’s income, then calculations are made based on information about wages and all existing sources of income.

The payer must provide this data independently.

If the debtor does not provide information about his income, the bailiff service has the right to make calculations based on the average salary in the country.

When assigning payments in a fixed amount of money, the cost of living of the region in which the recipient of remittances for the child lives is taken into account.

In addition to the main amount of debt, the payer will face another unpleasant nuance. Since with each day of delay in payments there is a penalty in the form of 0.5% of the total amount of the debt, which also needs to be paid.

Deadlines for collecting arrears of alimony

There is a concept of limitation, according to which a child who has reached the age of majority can collect alimony only for the previous 3 years, until he turns 18 years old.

There is no specific deadline for debt repayment; it must be repaid without fail. The recipient in this case will be the adult child himself, and not the second parent. Payment methods can be varied: periodic payments, installment payments, repayment in the form of transfer of real estate and ownership of it, and others.

When do child support payments for a child who has reached the age of majority stop?

According to Art. 120 of the Family Code of the Russian Federation, payments for the maintenance of a child who has reached the age of 18 are terminated if:

• a court decision has been made to restore the child’s ability to work;
• the fact of death of the payer or recipient of alimony has been recorded;
• the court decides that the child does not need further payments.

In any case, if there is one of the above grounds for stopping payments, you must go to court to officially certify this.

Source: https://rualimenty.ru/dolg-po-alimentam-platit-li-posle-18-let/

Collection of alimony debt after 18 years: procedure and deadlines

Author of the article: Elena Plokhuta, lawyer,
reading time: 10 minutes,
updated:
September 12, 2019
Reads:
4500

A mother or an adult child can collect alimony debt after the age of 18 from the alimony obligee. To do this, you need to know the legislative norms, statute of limitations and step-by-step algorithm of actions, so as not to encounter difficulties.

Is it possible to collect a debt after 18 years of age?

Contents (click to open)

The obligation to pay child support is assigned at the legislative level to parents who do not live together with minor children. The termination of child support obligations occurs when the child reaches his 18th birthday.

But if the payer was presented with a writ of execution or an alimony agreement was concluded and he did not pay the money, the recipient has the right to collect the debt from him with a penalty in the amount of 0.1% of the amount of the debt for each day of delay.

If the IL is not presented, the agreement is not drawn up and the man did not transfer the money, it will be possible to collect alimony for the last 3 years preceding the child’s coming of age. The penalty is not collected, because the father in this situation did not pay child support through no fault of his own.

Practical examples of collection

Example No. 1. The couple divorced in 2014, the child is 15 years old. The woman went to court to demand forced alimony. IL was received and submitted to the FSSP. The person obligated to pay alimony is employed unofficially.

The bailiffs were unable to collect the funds, and penalties began to accrue. The amount of alimony was determined based on the subsistence level - 9,000 rubles. monthly, but it changes quarterly.

The woman sent an application to the FSSP to collect the penalty in 2018; the child was already 18 years old. The debt accumulated over 48 months or 1460 days. How the penalty was determined:

1. The amount of the minimum stay for the months of non-payment has been calculated.
2. The total is multiplied by 0.1% to determine the penalty for 1 day.
3. The result obtained is multiplied by the number of days of delay.

For example:

9,000 x 48 = 432,000 rub. - main debt.

432,000 x 0.1% = 432 rubles. – penalty for a day of delay.

432 x 1460 = 630,720 rub. – penalty for the entire period.

630,720 + 432,000 = 1,062,720 rubles. - debt with penalty.

Example No. 2. In this example, no penalty is collected.

The couple's divorce took place in 2013; the child was 16 years old at that time. In 2017, a woman filed a lawsuit to collect alimony debt. Based on Part 1 of Art. 113 of the RF IC, debt is collected for the three-year period preceding the presentation of the IL.

The common child turned 18 years old in 2015 - from that moment on, the man’s alimony obligations would have ceased if he had paid maintenance. Recovery is possible for 2014 and part of 2015. The payer provided certificates from the accounting department, according to which his earnings for the indicated periods amounted to 50,000 rubles. monthly.

To determine the alimony debt, the plaintiff made calculations:

1. Calculated the salary.
2. In the statement of claim, he indicated a requirement for payment in shares - 25% of earnings monthly.

How the calculation was made:

50,000 x 25% = 12,500 rub.

12,500 x 16 (number of months of non-payment) = 200,000 rubles. - total.

Have a question for a lawyer?
Ask a question and get a free consultation on your problem

Grounds for debt collection after reaching the age of majority

Alimony debt and alimony for the past period are two different concepts, and there are separate grounds for collection:

Read also: How to discharge a wife from an apartment after a divorce without her consent in 2020 Alimony debt
Payments for the past period
Collected provided that alimony obligations were previously assigned by the court or by agreement Collected if the recipient previously tried to claim money from the payer for child support, but was constantly refused A three-year period is not established, the penalty is collected for the entire period, starting from the date of its formation Can be collected only for the last 3 years

The basis for debt collection is actually non-payment of money due to the fault of the payer.

Example. The couple divorced in 2012, their daughter is 12 years old. Simultaneously with the application for divorce, the woman filed a claim for alimony. Having received the IL, she provided it to the bailiff.

Until 2016, it was not possible to claim the funds, and then the claimant wrote a complaint about the inaction of the bailiff, because he did not take the necessary measures to collect. At that time, the amount of debt together with the penalty was 1,500,000 rubles. The payer owns an apartment of equivalent value.

The ex-wife filed a lawsuit to renew the terminated individual entrepreneur. By decision of the court, the bailiffs must seize the property of the alimony obligee to pay off the debt, since it is equal to the value of the property. There are also grounds for prosecution for malicious non-payment, but this is within the competence of FSSP employees.

Debt collection period

There are differences when determining the period for collection:

• Collection of the principal debt and the penalty for it are paid for the entire period if the woman received IL or entered into an alimony agreement with the payer, but he did not comply with the requirements.
• In the absence of documents on collection, it will be possible to claim money only for a three-year period.
  For example, if a child turned 20 years old in 2018, funds are collected only for 2015 and part of 2016 until he reaches adulthood.

Important! If alimony has not been previously assigned, it will not be possible to recover a penalty from them.

Procedure for collecting alimony debt after 18 years of age

It is important to note that debt collection is carried out through bailiffs if enforcement proceedings have been initiated. When concluding an alimony agreement, a claim is filed in court.

What the claimant must do:

1. Visit the bailiff and find out the reasons why the enforcement proceedings were terminated. If there is a debt, termination of the individual entrepreneur is considered unlawful and is subject to appeal.
2. Request a resolution on the calculation of the debt - it confirms the existence of the debt and the penalty.
3. Appeal the unlawful termination of an individual entrepreneur by contacting the court or a senior bailiff.
4. Obtain a decree or court decision to renew the individual entrepreneur.

Example:

The claimant was sent by mail a copy of the resolution to terminate the individual entrepreneur in connection with the daughter’s reaching the age of majority. At that time, the amount of debt was 80,000 rubles. for 1 year. The woman filed an application to the head of the FSSP to appeal the bailiff’s decision, arguing that she had a debt. IP has been resumed.

The actions of the bailiff can also be appealed in court. The result of the proceedings is the receipt of a decision on the renewal of the individual entrepreneur - it is provided to the FSSP employee conducting the paperwork. In the future, he must take enforcement action to collect the debt.

Who has the right to apply for recovery - the mother or the child?

The answer to this question is contained in the Ruling of the Supreme Court of the Russian Federation No. 58-KG17-19, issued in the case of debt collection by the mother. The situation is this:

The mother of adult children tried to claim the debt through the FSSP and the courts, but she was refused everywhere, arguing that the children were of age. In their opinion, it is they who should collect unpaid alimony.

The Supreme Court did not agree with this opinion and, after studying the case materials, indicated that the debt in such a situation is compensation payments to the claimant and he can claim it. The case is remanded for retrial in a lower court.

Required documents

The FSSP applicant will need:

• copy of the passport;
• children's birth certificates/passport;
• divorce certificate (if available).

The above documents are provided to the court, in addition - copies of decisions on the initiation and termination of enforcement proceedings.

Statement of claim (sample)

If the appeal is made through the head of the FSSP, a statement is provided with the following information:

• name of the FSSP, full name of the senior bailiff;
• Full name, registration address of the claimant;
• date and number of the order for the collection of alimony;
• Full name, date of birth of the child;
• Full name of the bailiff who terminated the IP;
• Full name of the payer;
• circumstances of the case: date of assignment of alimony, date of termination of the individual entrepreneur;
• requirement for debt collection and renewal of individual entrepreneurs on the basis of Art. 113 RF IC and Art. 221 Federal Law “On Enforcement Proceedings”.

At the end, an inventory of the attached documentation is made, the date of compilation and signature are indicated. The complaint is reviewed within 10 days. If no response is received or a negative decision is made, an appeal is made through the senior bailiff for the region or the chief bailiff of the Russian Federation. You can also go to court.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Arbitrage practice

In judicial practice, most cases end in favor of plaintiffs who tried to collect child support from ex-spouses. Exception - violation of the deadline for applying for payments:

The couple divorced in 2013, their common son was 17 years old. The woman did not demand alimony from the man, but in 2018 she decided to collect payments for the past period.

The claim was denied because the child turned 18 years old in 2014, and the three-year application period had already expired at the time the claim was filed.

Measures applied by the bailiff to the debtor

The child reaching the age of majority is not a basis for canceling alimony obligations if the alimony payer has accumulated debt and penalties. To claim funds, the bailiff takes a number of measures:

• Putting a wanted notice on the alimony debtor and his property. If the amount of the debt is close to the value of the property, a forced seizure is carried out for the purpose of further sale at auction to pay off the debt and the enforcement fee. The fee is 7% of the debt amount.
• Collection of funds held in the bank. Deposits are seized if the debtor receives an official salary on the card.
• Sending the IL to the accounting department at the payer’s place of work for forced deduction of funds from wages.
• Confiscation of a driver's license if the debt exceeds 10,000 rubles.
• Repossession of a car with an amount of debt equal to its value.
• Ban on foreign travel.
• Limitation of the use of special rights.

Liability for malicious evasion of payments

The debtor is recognized as a willful defaulter if it is established that he is deliberately evading payment of alimony. Responsibility depends on the specific situation:

• administrative according to Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, if the debt is formed for a period of 2 or more months from the date of initiation of the individual entrepreneur. Punishment – ​​a fine of 20,000 rubles, arrest for up to 15 days or compulsory work for up to 150 hours.
• Criminal under Art. 157 of the Criminal Code of the Russian Federation, if a citizen has repeatedly evaded alimony obligations and was brought to administrative responsibility for a similar act. Punishment – ​​correctional or forced labor for up to 1 year, arrest for up to 3 months or imprisonment for up to 1 year.

The type of liability is determined by the bailiff. Next, the case materials are transferred to the investigator, who prepares them for submission to the court. Punishment is imposed only in court.

Inaction of bailiffs when collecting alimony debt

If, after the resumption of enforcement proceedings by order of the senior bailiff or a court decision, the FSSP employee conducting the proceedings again does not take measures to collect the debt, the collector may proceed as follows:

• file an application to appeal the inaction in court;
• file a complaint with the senior bailiff about the inaction of the subordinate.

The first option is the most acceptable, because court proceedings are characterized by objectivity and impartiality. The head of the FSSP may refuse to satisfy the complaint or accept the demands, but there is a possibility that a similar situation will repeat in the future.

Rights of a claimant under individual entrepreneurs

A citizen who is a recoverer in an individual entrepreneur must know his rights when contacting bailiffs - they are enshrined in Art. 50 Federal Law No. 229:

• demand records materials for review;
• make copies and extracts from individual entrepreneur documents;
• provide additional information regarding the individual entrepreneur;
• take an interest in the progress of the IP, give written and oral explanations;
• appeal decisions, file challenges.

Important! During the IP, the collector and the debtor can draw up a settlement agreement, on the basis of which the proceedings are terminated at the request of one of the parties upon presentation of the document. Termination of an individual entrepreneur is possible without an agreement at the initiative of the creditor.

Statement of claim in case of inaction of bailiffs (sample)

When appealing against the actions or inaction of the leading individual bailiff through the court, a statement of claim must be filled out with the following content:

• name of the judicial authority;
• Full name of the bailiff who issued the decision to terminate the individual entrepreneur unlawfully;
• description of the circumstances of the case: when alimony was assigned, the amount of debt;
• Child's full name, date of birth;
• requirement to invalidate the FSSP resolution and to renew the IP;
• number and signature.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Lawyer's answers to questions about collecting alimony debt after 18 years

Is it possible not to pay the debt?

The grounds for exemption from debt payment are specified in Art.

114 RF IC:

• conclusion of an agreement between the parties;
• the debtor has valid reasons why he was unable to pay alimony for a certain time;
• poor financial situation that does not allow you to repay the debt or penalty.

Release is carried out in whole or in part. The court decision is made based on the financial situation of both parties and other factors that did not allow the payer to transfer payments on time.

Is it possible and how to collect alimony debt after the death of the debtor?

According to Art. 1175 of the Civil Code of the Russian Federation, the heirs bear joint liability for the debt obligations of the testator within the limits of the value of the inherited property.

If the testator has a debt for alimony, the claimant can claim it from the citizens who accepted the inheritance in court.

At the same time, on the basis of Art.

120 of the RF IC, alimony obligations in connection with the death of the payer are terminated, the penalty is accrued up to and including the day preceding the date of his death.

To collect arrears of alimony from the heirs, you only need to go to court - a visit to the FSSP is irrelevant here, since the legal successors were not parties to the proceedings. The court determines further actions. It is possible to pay the debt in cash or sell inherited property to pay off the debt.

Conclusion

Collection of arrears of child support after the child reaches adulthood is possible for any period. If a woman has not previously applied for payments, they can only be claimed for the last 3 years.

To do this, it is enough to go to court or appeal the actions of the bailiff through higher management.

Based on the decision or resolution to initiate an individual entrepreneur, the debtor will be obliged to fully repay the debt.

Did not find an answer to your question?
Find out how to solve exactly your problem - write your question right now (it's fast and free)

Legal advice for site visitors is free!

Author of the article

Lawyer. 2 years of experience. I specialize in civil disputes in the field of family law.

Source: https://SocPrav.ru/vzyskanie-zadolzhennosti-po-alimentam-posle-sovershennoletiya

Child support debt after 18 years of age

Family law obliges each parent to support their children (including paying alimony for them) until they reach adulthood .

If the alimony-obligated parent has faithfully paid the assigned funds during this period, then when the child reaches the age of 18, the alimony obligations cease.

However, this is only true if there is no debt .

If there is arrears of alimony, but the child is already 18 years old, then the bailiff does not have the right to close enforcement proceedings (IP). He is obliged to apply a number of enforcement measures to the payer until the debt is fully repaid .

If you have a child support debt after 18 years, you can appeal the bailiff’s decision to terminate enforcement proceedings (if it was made) and even file a claim in court . At the same time, the alimony debt is not subject to the statute of limitations .

Read also: Curfew for minors: the law, in Moscow and Moscow Region 2020-2021

However, if financial assistance was not previously collected on the basis of an agreement or court order, alimony can be collected after 18 years only with restrictions .

What to do if a child turns 18 and still owes child support?

One of the grounds for termination of enforcement alimony proceedings in relation to minor children is their reaching the age of 18 years - see Part 2 of Art. 120 of the Family Code (SC) of the Russian Federation.

Based on the fact of reaching the age of majority, the bailiff is obliged to close the proceedings on the case, but only if the payer has no alimony debt and his obligations to the child are fulfilled in full .

However, in practice, unfortunately, the situation often does not comply with the law - irresponsible representatives of government agencies represented by bailiffs rush to close the individual entrepreneur as soon as the child turns 18, not paying attention to the existence of a debt. In this situation, the claimant is faced with three significant violations of the law :

Type of violationWhat is manifested 1 Infringement of the child's rights to maintenance Failure of the debtor to fulfill alimony obligations 2 Inaction of an official (bailiff) Failure to apply penalties to the defaulter 3 Unlawful actions of the bailiff Premature termination of enforcement proceedings with outstanding debt obligations

Confirmation of the violation of the claimant's right in this situation will be an official document - a resolution to terminate enforcement proceedings , which will state the basis - the child reaching the age of majority.

To collect debts from a defendant after 18 years of age, the recipient of the funds must appeal the termination order .

Debt for alimony after adulthood: statute of limitations

Many unscrupulous alimony payers rely on the fact that the debt is written off based on the expiration of the statute of limitations . If there is a notarial agreement or a court decision to pay alimony, the length of the period for which the debt can be collected is affected solely by the payer’s fault or lack thereof .

If the formation of the debt is not the payer’s fault (and he proves this), then the court may reduce or even write off the alimony debt.

However, if the alimony provider is guilty of non-payment of material resources, then the debt will be collected for the entire time (the entire period) during which alimony was not paid, and there is no statute of limitations (Part 2 of Article 113 of the RF IC).

Example . Child support was collected when the son was 12 years old (by notarial agreement or court decision - it doesn’t matter). The parent avoided paying them until the child came of age. Debt for 6 years (from 12 to 18) will “hang” with the draft dodger for an unlimited amount of time - not only until he reaches 21 years of age, but even longer - until the debt is fully repaid.

Moreover, in the event of the death of a payer who has an alimony debt, the claimant has the right to legally demand from the heirs of the deceased payment of the debt within the value of the inherited property. This right is confirmed by judicial practice - see Determination of the Judicial Collegium for Civil Cases of the Supreme Court 45-КГ16-1 dated 03/01/2016.

It should be borne in mind that if alimony was not collected at all (that is, there is no notarial agreement and court decision ), then alimony can only be obtained within the established statute of limitations (for three years prior to going to court).

Collecting alimony debt after the child reaches adulthood: step-by-step instructions

If the child has already reached the age of majority , and the collector knows that the defendant has a child support debt , first you need to find out what stage the child support case is at. To do this, you need to communicate with the bailiff - the best option would be to visit him in person.

Thus, the claimant will have the opportunity to independently familiarize himself with the alimony file, review all the latest documents contained in it (according to Part 1 of Article 50 of Federal Law No. 229-FZ of 02.10.

2007 “On enforcement proceedings”). If the proceedings are completed untimely, the person receiving child support must make a copy of the decision to terminate the individual entrepreneur .

Next, it is important to request a resolution on the calculation of alimony arrears .

This document is very important in the context of debt collection - it calculates the monthly accumulation of debt and provides the current total amount to be paid by the alimony provider.

At the request of the recoverer, the bailiff conducting the proceedings prepares and signs a resolution.

Based on the document on the debt, the recipient of funds has the right to withhold from the defendant in court a penalty for late alimony payments in the amount of one tenth of one percent of the amount of unpaid alimony for each day of delay (Part 2 of Article 115 of the RF IC).

Download a sample application for issuance of a resolution on debt settlement

How to appeal a decision to terminate enforcement proceedings

If alimony proceedings were illegally terminated by a bailiff due to the common child reaching the age of majority (after 18), and the payer remained in debt, the claimant must appeal the decision in the order of subordination (through the senior bailiff). If the authorities of the bailiff service (Bailiff Service) refuse to resume proceedings in the case, the dispute can be resolved through the court , since the unpaid debt must be repaid.

It is necessary to write an application to the senior bailiff to challenge the decision - to complain about the unlawful actions of his subordinates.

Next, it is important to resume the proceedings in order to apply enforcement measures to the debtor until the debt is fully repaid. This requirement can be immediately indicated in the initial application.

1. I ask you to cancel the order of the bailiff Ivanova E.P. dated March 12, 2018 on the termination of enforcement proceedings to collect alimony for the maintenance of the son of Petrov Yu.A.
2. Resume alimony proceedings for the maintenance of Yu. A. Petrov due to the presence of alimony debt in the amount of 74,546 rubles. for the purpose of applying enforcement measures to the debtor V.V. Petrov.

If the bailiffs avoid resuming the proceedings, it is necessary to proceed to the next stage - going to court .

How to collect alimony debt after 18 years in court?

In itself, there cannot be a lawsuit for the collection of alimony debt from a defaulter, since alimony has previously been collected by court order or court decision.

If the debt is not paid after 18 years, the debt collector can only initiate the resumption of alimony enforcement proceedings in court (i.e., complain about the bailiffs and force them through the court to continue working with the debtor).

Such a statement of claim is filed with the district court at the location of the territorial branch of the SSP, the defendant in the case is the bailiff who issued the decision to terminate the enforcement proceedings.

Statements of claim of any nature sent to protect the rights of children are not subject to state duty (clause 15, part 1, article 333.36 of the Tax Code (TC) of the Russian Federation).

In this case, the plaintiff must be the actual recoverer of funds - i.e.

parent of the child , despite the fact that the offspring already has full legal capacity and has reached the age of majority (to the question of who receives alimony debt after 18 years - the child or the mother?).

This position is confirmed by the Ruling of the Supreme Court of the Russian Federation No. 58-КГ17-19 dated 03/02/2018. This is due to the fact that the mother (or father) of the child independently supported him until adulthood, and therefore has the right to compensation .

A violation of the rights of the alimony claimant will be evidenced by the presentation of evidence - a resolution to terminate enforcement proceedings for the collection of alimony after the child turns 18 and the calculation of the debt .

Sample statement of claim for collection of alimony debt after the child reaches adulthood

In the Sovetsky District Court of Bryansk, Bryansk, st. Stepnaya, 44

Plaintiff : Natalya Viktorovna Pakhomova, Bryansk, st. Emlyutina, 121, apt. 14

tel. xx-xx-xx

Source: http://alimente-info.ru/vyplata/zadolzhennost-po-alimentam/dolg-posle-18-let/

How to collect child support debt after a child turns 18

The second part of Article 120 of the Family Code of the Russian Federation states that child support must be paid until they reach the age of majority or until emancipation - they acquire full legal capacity before turning eighteen years old. Provided that these children can financially support themselves independently.

Family law provides for cases in which alimony must be paid even after the child recipient turns eighteen years old: when he is unable to work due to poor health (disability of the 1st, 2nd or 3rd group) or the income he receives is not enough to satisfy even his most essential needs. Read more about up to what age alimony is paid here - https://divorceinfo.ru/2427-komu-kakogo-vozrasta-vyplachivayutsya-alimenty

That is, in almost all cases, after reaching the age of majority, child support payments stop. The same cannot be said about alimony debt after 18 years.

An adult able-bodied child does not have the right to demand monthly alimony, but has the right to collect arrears of alimony. An adult disabled recipient has the right to both monthly alimony payments and the alimony debt that has accumulated at that time.

Alimony debt by agreement and by court

Debt recalculation is carried out as follows: if alimony payments are assigned in a fixed amount, the calculation is made using indicators of the cost of living in a given region.

If alimony is a share of earnings, then the amount is determined taking into account income data; if there is none, then the average salary in Russia will be taken as a basis.

If child support was collected under a settlement agreement on the payment of alimony, then the termination of payments occurs in accordance with the points specified in it.

Often, parents do not limit the payment of alimony to the child turning eighteen years old, because at this age he is still studying and will not be able to provide for himself financially.

The payment of alimony debt is also stipulated by the parents in a voluntary agreement on terms that suit both parties. Example: if a child support debt arises, it is paid in double amount or with the accrual of the established amount of the penalty, or is completely forgiven if the child is already an adult.

The alimony debt for payments established by a court decision is collected according to the general rules - with a penalty added to the accumulated amount and in full, regardless of the time of its collection.

Who collects the debt

When a court decision to collect alimony payments already exists, there is no deadline for claiming and paying off the debt. It is required to be paid at any time and in full. Only the recipient will no longer be the second parent, but the adult child himself.

If there is no court decision (or voluntary agreement) on the payment of alimony, but an adult citizen decided to collect it for his maintenance from the parent with whom he lived separately (usually the father), then you need to go to court and obtain a special document - a court order or writ of execution .

Or enter into a voluntary child support agreement with this parent. This can be done by the adult child himself, and not by the parent with whom he lived together (usually the mother).

In this case, the concept of limitation applies, and this child will be able to collect alimony only for the last three years preceding his or her eighteenth birthday.

The debt will not disappear, but it can be forgiven

No matter how old a citizen is who received alimony for his maintenance from a parent, he has the right to payment from his father (or mother) of the accumulated alimony debt in full and at any time. The debt for child support after 18 years will not disappear on its own and will remain on the shoulders of the debtor until it is paid in full.

Read also: Payment for kindergarten with maternity capital

If the debtor is an individual entrepreneur, or he has other income, then he can voluntarily accept the payment order for execution, or the bailiffs will take over the matter. Read how individual entrepreneurs pay alimony on this page.

The payer can only be relieved of the obligation to pay the debt by the death of himself or the recipient of alimony. And even then, the burden of paying the alimony debt after the death of the debtor can fall on the shoulders of his heirs, if the recipient so desires.

Only the adult recipient of alimony can forgive the alimony debt to his parent. You must inform the bailiff who is conducting the enforcement proceedings about your decision.

After the recipient writes a corresponding statement of refusal to collect the debt, the enforcement proceedings will be terminated. To do this, you do not need to seek consent from the second parent, who received alimony before the child reached the age of majority for his maintenance.

The recipient, who has reached the age of majority, has the right to decide whether he will collect the child support debt from the negligent parent. A prerequisite is that the recipient must be legally capable.

Source: https://divorceinfo.ru/2589-kak-vzyskat-dolg-po-alimentam-posle-dostizheniya-rebenkom-18-let

Child support debt after 18 years

Collecting child support from an obligated parent is only half the battle; the main task is the actual receipt of monthly payments by the claimant.

Unfortunately, every third recipient of alimony is faced with the formation of alimony debt , which arises because alimony payers either partially fulfill their obligations or do not pay child support established by the court at all.

According to the norms of the Family Code (FC) of the Russian Federation, alimony must be paid by the respondent parent until the child in respect of whom it is assigned reaches the age of majority.

However, such a rule does not apply to the payment of alimony debt incurred before the child’s 18th birthday - its collection has no statute of limitations and must be carried out at any time, including after the child turns 18.

Moreover, in the event of the death of an alimony debtor, for whom an alimony debt arose during his lifetime and was not paid by him, the claimant may initiate a judicial claim for alimony debt from the heirs of the deceased within the value of the inherited property equal to the debt (Determination of the Judicial Collegium for Civil cases of the Supreme Court of the Russian Federation dated March 1, 2016 No. 45-KG16-1).

Is it possible to collect arrears of child support after reaching adulthood?

The bailiff is obliged to terminate enforcement proceedings to collect monthly funds for the maintenance of a person who has reached the age of majority. However, termination of alimony proceedings on this basis can be carried out by a bailiff only if has fully fulfilled his alimony obligations in relation to the child.

• If, before the children reach the age of majority, a certain amount of debt has accumulated regarding payments, the claimant has the right to challenge the termination of enforcement proceedings and petition for its continuation until the debt is repaid .
• However, in everyday life, there are often cases when bailiffs strive to get rid of problematic enforcement proceedings as soon as possible and terminate them when the actual recipients reach their 18th birthday, referring to the “letter of the law.”
• As a result, a special document is drawn up regarding the termination of alimony enforcement proceedings - a resolution by an employee of the bailiff service, which must be endorsed by him, and the alimony case itself is sent to the archives.

How to collect alimony debt after 18 years?

What should a claimant do in the above situation?

1. To begin with, of course, communicate with the official who made the decision - for this you need to visit the bailiff at a personal reception or have a telephone conversation with him, and you must first verbally indicate the illegality of the actions to terminate the proceedings in connection with the presence of outstanding alimony debt.
2. Request from the official a resolution on the calculation of the debt (if the bailiff refuses this, you can submit a written petition to his management). Such a resolution will be required in the future as official confirmation of the existence of alimony debt and its specific amount.

   To the bailiff of the Fokinsky district branch of the Federal Bailiff Service in Bryansk, Ivleva A.G. Bryansk, st. Fokinskaya, 44

   claimant Lapina E.A. Bryansk, st. Poltavskaya, 145, apt. 90, tel. xx-xx-xx

   Petition

   Based on Art. 50 of the Federal Law “On Enforcement Proceedings”, I ask you to issue me a resolution on the calculation of the debt in relation to the debtor Lapin E.A., incurred for 11 months of non-payment of alimony for the maintenance of his son, Egor Evgenievich Lapin, born July 25, 2000.

Source: http://alimenty-expert.ru/zadolzhennost/vzyskanie/posle-18-let/

If a child turns 18 and the child support debt remains: how to collect

According to the law of the Russian Federation, the father and mother must provide for the child financially. If the spouses divorce, then one of the parties is obliged to regularly pay alimony until the child reaches adulthood. It is not uncommon for payments to be delayed.

Many husbands are not going to give a significant part of their salary to support their child. Mothers want to know the answer to the question of what to do if their child turns 18 and still owes child support. There are many features of this procedure.

In such a situation, it is necessary to act in accordance with the Family Code of the Russian Federation.

Is it possible to collect alimony debt after 18 years of age?

The responsibilities of parents after divorce are regulated by Article 120 of the Family Code of the Russian Federation. The law stipulates when payments continue after the child reaches adulthood. The following cases can be distinguished:

• disability of the child associated with deteriorating health;
• low incomes that do not allow meeting minimum needs;
• full-time study at a university.

Thus, it is possible to receive such penalties even after eighteen years of age. Child support rights will be maintained. A citizen also has a chance to claim money that one of the parents did not manage to pay during the period of child support obligations. If the debtor refuses to comply, there will be some consequences.

Important! The child and the mother must submit a formal request for repayment of the monetary debt in order for the legal process to begin. Otherwise, you will not be able to achieve your goal.

Collection of child support payments after the child reaches 18 years of age

When a child turns 18, how does child support stop?

Collection of arrears of child support after the child reaches 18 years of age is governed by special principles. The amount of debt compensation may be specified in the parents' agreement.

If a similar contract was previously signed, then all the specifics of the procedure should be looked for there. For example, a debt can be paid in double equivalent. A man will not be able to remain in debt for long.

If the father did not pay the debt, then the collection of alimony even after 18 years is a mandatory procedure. A writ of execution is a weighty basis that gives rise to the collection of debt from the alimony holder. Compensation can only be paid under certain conditions.

It is important to remember that there will be no grounds for making claims if the plaintiff does not have a court decision or alimony decision in his hands.

Note! The legal right to alimony can be waived. It is also possible to forgive the debt. The decision is made solely by the adult child. Payments cease in the event of the physical death of the debtor. In such situations, the heirs of the deceased may assume the obligation to repay the debt.

Conditions for debt collection after 18 years

Much depends on how exactly alimony was collected. The following types of agreements regulating debt are considered the most common:

In the first case, alimony is collected in accordance with the clauses of the agreement written between the ex-husband and wife. In such agreements, parents often provide information that payments should continue after adulthood. The financial debt will also have to be collected in accordance with a voluntary agreement.

It is necessary to approach this point very carefully. Some men and women stipulate in the agreement that upon reaching the age of majority, the entire unpaid amount is forgiven. If such a legal act has not been signed, then the alimony debt is collected in accordance with the court decision.

The penalty must be paid in full, and the age of the child does not matter.

Conditions for debt collection after 18 years

Methods for collecting alimony debts after 18 years of age

“If the father did not pay child support until he was 18, what should I do?” - a similar thought arises in many women who have to take care of their children on their own. There are 2 popular methods of collection. You can get money by going to court or bailiffs. Each of the procedures has characteristic features.

Collection of alimony debt after 18 years through the court

The court is ready to resolve any disputes related to the payment of alimony. Authorized bodies will help in the following cases:

• the former spouse refuses to pay alimony;
• a conflict situation has arisen related to a specific amount of debt;
• The bailiffs did not help resolve the situation.

Each trial consists of several stages. The official amount of the debt is calculated in advance. The court's decision can be radical.

Many debtors have their bank accounts frozen and a specific amount of debt withheld. An alternative way to solve the problem is to seize valuables and sell them.

The child may receive proceeds or property in an amount comparable to the equivalent of the debt.

Collection of alimony debt after 18 years through bailiffs

Bailiffs help to collect alimony debt after turning 18 years old. The recipient must have a special document in hand. This may be a court order or a writ of execution. Now everything is ready to go to the authorized person. The specialist will calculate the exact amount of the debt and then take the necessary measures to collect the debt. The following actions are performed:

1. Making a decision.
2. Opening of collection proceedings.
3. Determining the exact amount of debt.
4. Work on a specific collection.

At the very beginning of the process, the debtor will receive a standard message that he has a debt. The amount of debt is also indicated, and the man is asked to voluntarily fulfill all obligations. The bailiff begins to collect information about the defendant’s specific place of work, amount of income, open bank account and property.

Now everything depends on the decision of the debtor. If he is not going to make payments on his own, then the authorized person begins to take measures to forcefully collect a specific amount of money. To do this, bailiffs perform the following radical actions:

• they demand that a certain amount of money be deducted from the salary, the application is sent to the place of work;
• freeze bank accounts;
• describe and seize property.

It is the bailiff who is obliged to control the entire process of forced debt collection.

Note! In some cases, the recipient may recover a penalty for late payment of alimony. For each day overdue, the amount will increase. If it was not possible to achieve the goal, then the court will deal with this issue.

Limitation periods for collecting accumulated amounts

Is it possible to write off alimony debt?

The statute of limitations is a specific period of time established to protect rights. If the deadline established by law expires, then it is not possible to apply to a judicial authority for protection.

Most often, this period is established in situations when we are talking about property legal relations. It is important to understand that the statute of limitations does not apply to family legal relations. If a person has rights to alimony, he can file a claim at any convenient time.

It doesn't matter when you apply.

Thus, according to the current legislation of the Russian Federation, there is no limitation period for alimony. It is quite possible to file a claim for collection even after turning 18.

There is also the term “crossover period”, after which the money cannot be recovered. It occurs when the boy or girl reaches the age of majority, if payments according to the law should not continue.

The end of this period means that the guy or girl will no longer count on monthly cash assistance.

If we are talking about a specific debt, then it is recommended to file a claim before the child turns 21. For the past time, alimony may be required to be paid only 3 years before the official trial. This period is extended in certain cases.

For example, if the collector tried to resolve the conflict on his own over a fairly long period of time, but all the measures taken did not help to obtain funds due to evasion of payment. The reasons for refusing to go to court do not play a determining role.

It is important to provide the judicial authority with information and significant evidence that there were attempts to achieve the desired result. To confirm the words, you can cite the testimony of witnesses, as well as present correspondence or a recording of the conversation between the defendant and the plaintiff.

Payment arrears must be repaid within three years.

Thus, the alimony debt in Russia must be repaid even after the 18th birthday of a son or daughter. Collection of penalties for alimony payments after the child reaches adulthood is a mandatory procedure that is carried out through the court and bailiffs. The debtor undertakes to fulfill the entire debt on time. If delays occur, the authorized bodies will help collect the required amount.

Source: https://shtrafsud.ru/nalogi-i-vychety/esli-rebenku-ispolnilos-vosemnadcat-let-a-dolg-po-alimentam-ostalsya.html