How to take off unused vacation from previous years. Is it possible to collect child support for previous years?

• General provisions
  • Agreement on alimony payments
  • Court order
  • Refund of alimony

Is it possible to recover alimony for previous years? Today, alimony payments are funds that, by law, one person must pay to another person for the subsequent financial support of common children or for the maintenance of elderly parents. The process of payment of funds required by law can occur either voluntarily or compulsorily. Actions aimed at evading these payments are criminally punishable.

General provisions

Alimony payments are a type of financial legal relationship where a person who requires appropriate payments has the right to demand the collection of alimony for the past period. This opportunity allows an individual acting as a plaintiff to apply for alimony and receive financial resources from the defendant for the past period. If for various reasons cash the defendant did not pay the plaintiff, the law provides for the procedure for the plaintiff to apply to the appropriate courts with an application to involve the defendant in the payment of alimony.

Unfortunately, the unresolved issue of alimony, for example, in the case of a divorce, creates very wide opportunities for various types of abuses, allowing individuals to evade the obligation to provide financial support to their relatives. Therefore, the legislator decided to adopt a fairly broad time frame that would allow the injured party to exercise its right to material support. The law strictly defines the time frame - for how long a person interested in receiving payments can count on this by filing an application with the court.

Another nuance concerns the fact that the receipt of appropriate payments for past years is limited by the existence of a previously concluded agreement on child support. The plaintiff can count on receiving alimony funds only in the absence of a previously concluded agreement. Otherwise, its presence will be the basis for the court to refuse to satisfy the plaintiff’s application.

Today, the collection of arrears of alimony over the past period includes 2 main points that explain how these funds can be collected:

1. The basis of the agreement on the procedure for financial support of existing children, if it is specified there.
2. Through litigation. This method of collecting material funds is the most common.

There are currently no other ways to collect alimony payments for past years. It is always necessary to proceed from these rules.

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Agreement on alimony payments

How to collect alimony for previous years? The first way to demand payment for the past period is through an agreement previously concluded in writing by mutual consent between the two parties. This is the easiest and most convenient way for everyone to collect alimony payments. The parties themselves agree on what is convenient for them, while avoiding unnecessary legal disputes in the future.

Existing law does not in any way limit the terms that may be established in an appropriate written agreement. In this case, it is necessary to provide for the procedure for financial payments not only during the periods after which the agreement will be concluded, but also for the entire previous time after the birth of the child.

It is also necessary to take into account the fact that the law does not establish any amount of monthly financial support, for example, for minor children. These payments are not tied to the minimum amount wages, nor to any fixed amount. Therefore, it is worth paying attention to prescribing an amount that would be sufficient to meet the minimum needs of the child.

The Family Code does not provide for any mandatory form for concluding such agreements. The only thing that needs to be done is to have this agreement notarized. In this case, it acquires the force of a writ of execution. Otherwise, if a dispute arises or alimony payments cease, you will have to go to court, where the signed agreement will be submitted to the judge for consideration. And he can take into account the existing written agreement. But the decision made by the judge may differ greatly from what is written in the contract.

The document being drawn up must contain the procedure for paying alimony. If a legal agreement was previously concluded between the parents regarding the maintenance of the child, this makes it impossible to obtain child support through legal proceedings.

It is believed that the parties have already reached an agreement and there is no turning back to this process.

Possible problems can arise only in the event of failure to fulfill part of the obligations in the future. If this happens, then this is a reason to go to court to oblige the defendant to fulfill his obligations. The other party may challenge some clauses of the agreement or the entire document through the court if it considers it impossible for itself to comply with its terms in the future.

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Court order

Is it possible to collect alimony for previous years if it was not possible to reach a mutual agreement? It is possible, but you will have to go to court to do this. Family law allows one party to go to court and demand the recovery of alimony in cash from the defendant. In this case, alimony can be collected only from the moment the claim is filed in court. Nevertheless, the legislator provided for the right of the plaintiff to demand payment of funds for the past three years.

To do this, the plaintiff will have to bring appropriate statement of claim specific facts that would indicate that over the past 3 years he has taken some measures to collect debt in the form of a pre-trial demand for payment of material resources. If such data is indicated in the application and is supported by documents, then conditions are created for collecting alimony for the past period. A sample of this statement of claim can be viewed in the court itself.

The court accepts this statement of claim and, if it is drawn up correctly, begins the trial. The court carefully studies the case materials, listens to the testimony of both parties: the plaintiff and the defendant. As a result, the court may decide in favor of assigning alimony payments that are within the time specified in the statement of claim. The court also has the right to establish the specific amount of required cash payments for subsequent deductions.

After the final decision is made, the court issues a special writ of execution. This is a key document that will determine the order of further production. On its basis, the bailiff service subsequently opens enforcement proceedings.

The writ of execution gives the authority to the relevant authorities to collect the debt from the debtor. And if necessary, she can do this forcibly. As part of this enforcement, deductions are made to the plaintiff’s account.

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It is not the parent's responsibility to support their child. In this case, the other parent with whom the child lives, as well as the child’s adoptive parent, guardian or trustee, adoptive parents, the administration of the child care institution in which the child is being raised, and the guardianship and trusteeship authorities have the right to demand payment of alimony.

When there is a need to collect alimony over the past period, there are 2 options: 1. When you have not previously applied to the court to award alimony.
As a general rule alimony are awarded from the moment of application to the court. However, they can also be recovered for past period within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony were not received due to the person’s evasion from paying them. This is established by part 2 of article 107 of the RF IC.

2. When there is: (a) a notarized agreement on the payment of child support between the parent obligated to pay alimony, and a person entitled to receive in favor of the child; (b) a writ of execution issued on the basis of a court decision to award alimony, but the debtor evades payment of alimony.
In this case, Part 2 of Article 113 of the RF IC establishes the rule that if alimony was not withheld due to the fault of the person obligated to pay alimony, then alimony is collected for the entire period, regardless of the three-year period established by Part 2 of Article 107 of the RF IC.

The question of how to oblige one of the parents to pay elements is quite important in modern realities. Russian legislation has a clear position on this issue, which is that parents are obliged to support the child until he reaches adulthood. The amount of alimony collected depends on many factors, such as the parents’ employment, the size of their salary and the ability to support the child.

Instructions

If the parent does not want to voluntarily pay alimony, then you can force him to do this in court. Also, in the event of litigation, penalties are provided depending on the number of years during which alimony were not paid. If you want to know how to collect arrears of alimony, contact an experienced lawyer who will get to the bottom of the problem and try to solve it as soon as possible.

In order to independently understand the problem of paying alimony, you need to study a lot of special legal literature, which describes in detail all the subtleties and nuances of this far from simple procedure. Also, any law firm will help you cope with the surging problems and troubles. The problem of alimony payments has always been a cause for serious conflict between former spouses. Therefore, approach solving this problem with special delicacy and care. This will allow the issue to be resolved amicably in a very short time without unnecessary disputes and legal costs.

Financial support for minor children is the direct responsibility of parents, regardless of their marital status. Child support can be determined not only after a divorce, but during marriage or in informal relations between citizens. The Family Code of the Russian Federation, Article 80, indicates the procedure for material maintenance, which must be observed without fail. In practice there are life situations, which differ from the standard ones, for example, the collection of alimony for the past period.

Basic provisions on alimony for the past period

It is possible to establish the alimony relationship between the parties for the time missed for collection. This can be done in two legal ways: by signing a voluntary agreement or by going through a judicial review of the dispute. By concluding an agreement and having it certified by a notary, parents have the right to designate the past period as missed for payments. Thereby recognizing their obligations and establishing the amount of alimony and the procedure for repaying them during the period of validity of the agreement.

The notary checks the information provided in the document and draws up an agreement if it does not violate the interests of the child. According to Article 100 of the RF IC, an agreement between parents has the force of a writ of execution.

If the agreement is violated unilaterally, the dissatisfied party has the right to terminate the contract and seek a resolution of the controversial issue to the judicial authorities.

In the absence of an agreement, alimony issues are resolved in court in the district of registration of the defendant. If the defendant’s place of residence is unknown, then the law allows a claim to be filed at the plaintiff’s place of residence. According to the RF IC, Article 113, the collection of alimony for the past period is allowed if there are objective reasons and is considered for a period of three years from the date of filing the claim.

The court or increase the size of the claim, set a period for which security can be requested. In the process, both opposing sides speak out, arguing their position. The first question the judge will ask the applicant concerns the reasons for the late application. The plaintiff must document that the defendant deliberately avoided fulfilling his parental responsibilities.

Witnesses may be invited to the meeting, records of telephone conversations and correspondence may be provided. For example, a significant proof of the defendant’s evasion and unwillingness to take part in the child’s life is the draft child support agreement sent to him by registered mail. In turn, the defendant could make a voluntary financial contribution to child support during all the missed years. For example, the father provided funds for the child’s vacation, bought clothes and expensive toys, and paid for tutors.

The resulting conflict will force interested parties to collect evidence of the costs incurred, present it to the court and expect a fair decision. Therefore, disputes about the collection of alimony for the past period always require careful preliminary preparation; if there is a lack of argumentation, the claim may be rejected with a resolution as unfounded. The court decision establishes the period for repayment of obligations, the form of payments and determines alimony relations until the child reaches adulthood.

In most cases, alimony payments for previous years are fixed (flat) deductions, in accordance with the minimum wage for the region. Further payments can be either percentage (share) in case of permanent employment, or flat if the defendant does not have regular income. The resolution obtained as a result of consideration is the basis for opening enforcement proceedings. Interested parties can express their disagreement with the court's verdict and file an appeal to higher courts within 30 days.

Difference between past collection and debt

Assignment of payments for missed deadlines and arrears of alimony obligations are different claims. If determination for the missed period is possible within three years, then the debt according to previously established standards does not have a statute of limitations. Debt is determined if there is a previous court order or voluntary agreement.

Evasion of alimony payments without objective reasons for three months becomes a reason for forced collection. The bailiff conducting the proceedings issues an official certificate to the alimony recipient with a calculation of the amount of the claim. This includes the debt itself, in the amount of half a percent, and enforcement costs of 7% of the debt amount. If the dishonest defendant was wanted by the Ministry of Internal Affairs and the state paid benefits to the children, then the amount of the subsidy increased by 50% is added to the debt.

The certificate is the basis for opening a court case to establish the debt. The court may take into account the testimony of a bona fide defendant about failure to fulfill obligations if they have a factual basis.

For example, a citizen received a disability of 1 or 2 groups, was seriously ill, found himself in an emergency situation, and was forced to support other dependents. The amount established by the court does not always coincide with the claims made by the plaintiff.

After the court determines the amount of obligations, the bailiff notifies the defendant, who must voluntarily repay the established amount within 10 days.

Then a forced collection procedure opens, in which the debtor’s property is seized. The debtor should remember that, according to existing legal norms, one can become a willful defaulter after unjustifiably missing three payments. This will lead to administrative and criminal liability, the maximum penalty for which is imprisonment for 1 year. Therefore, if the court has decided to collect alimony for the past period, the defendant should do this within the established time frame so that arrears do not arise.

Alimony for the past period

Collection of alimony for the past period is a procedure for obtaining funds required by law for the maintenance of a common child, which for various reasons were not paid until the appeal to the courts.

For what period can alimony be collected?

In our country, the rights of the child are protected. Article 107 Family Code The Russian Federation states that the plaintiff has the right to collect alimony for the maintenance of a common child for a period of up to three previous years from the date of filing an application for them in court. In this case, the condition must be met that until this time the claimant has made attempts to obtain funds, but the person who must provide them has evaded payment.

The difference between alimony arrears and collections for the past period

Many people are confused by the wording “collection of alimony for the past period” and “arrears of alimony.” When filing a lawsuit, you need to understand that there is a significant difference between these two concepts.

Let's look into this issue. Debt arises if a voluntary agreement was reached between the parties to pay alimony or a court decision was made on this, but the one who was supposed to make the payments did not do so.

Alimony for the past period is the funds that a party had the right to receive for the maintenance of a common child, but did not enter into an agreement on this issue and did not file a claim in court. If the interested party wishes to receive such alimony, then it must be borne in mind that the court must be presented with undeniable evidence that numerous attempts were previously made to negotiate the receipt of the required funds, but there was no result, since the defendant openly refused to pay them or simply ignored these requests.

The reason for the claimant's failure to go to court is not of fundamental importance. There is a duty on both parents to support their children under all circumstances, regardless of whether they live together or are divorced. No one has yet canceled these rules. And so that due payments were received in in full, you need to contact the courts, write a statement of claim for the collection of alimony and wait for a positive decision from the court.

Conditions for collecting alimony for the past period

So, let's go to court. We are writing an application for the collection of alimony. In this case, certain conditions established by law must be met. There are only three of them.

1. There is a statute of limitations. Collection of alimony for the past period is possible only for the three-year period of time that preceded the application to the court.
2. During this time elapsed before filing the application, the plaintiff had to make active attempts to obtain the required funds for child support.
3. The third condition is that the ex-spouse had to avoid payments in every possible way.

All this must be proven. Such evidence may include:

• recordings of telephone conversations;
• third party evidence;
• telegrams;
• written notices and complaints.

Witness testimony that the collector contacted the debtor is the most common evidence for our courts. If among the plaintiff’s friends and relatives there are people who heard the conversation between the claimant and the defendant, then they can be asked to appear at the hearing and confirm that such precedents took place.

If the plaintiff has retained some correspondence in which he asked for financial assistance for a common child, then it can be presented to the court as evidence. This can be regular letters or SMS messages, email, as well as communication via social networks. To ensure that this evidence does not raise questions in court, it should be properly documented. For help with this, it is better to contact a lawyer or lawyer.

Let's go to court

First you need to go to the magistrate's court at your place of residence. There, file a claim for alimony. It must indicate the demands that the plaintiff wishes to present to the defaulter for the past and upcoming periods. If you have any difficulties completing the application, you can look at a sample. You can also find out about the collection of alimony from the magistrate, but usually such examples of paperwork are available at the stations.

The application must necessarily indicate the name of the court district, information about the plaintiff and defendant, as well as the demands that the claimant puts forward. In addition, it should be noted that the plaintiff repeatedly appealed to the defaulter for financial support, but there was no response, or this request was refused.

In the application, you can ask for the necessary documents from commercial and government organizations that could confirm the plaintiff’s appeal to the defendant for financial assistance or to summon witnesses to court. A list of required official documents must be attached to the application.

Collection of alimony for the past period is possible in a fixed sum of money or as a percentage of wages. The statement of claim must indicate the amount of money to be recovered. If the plaintiff wants to receive them in a fixed amount, then it is necessary to justify this, that is, prove that the defendant has additional income, in addition to the official one.

This statement is signed by the claimant or his authorized representative. The power of attorney must be certified by a notary. From the moment the claim is submitted to the court, it will be considered within a month. If interested parties have any claims regarding this claim, it can be appealed within ten days.

Judicial collection of alimony is made from the date specified in the court decision or court order.

List of documents attached to the application

So, what documents must be submitted along with the application to the court? The list is as follows:

• photocopy of the statement of claim;
• photocopy of the claimant's passport;
• child's birth certificate;
• a certificate from the housing authorities indicating that the child lives with the plaintiff;
• a document confirming the amount of the plaintiff’s income;
• a document confirming the defendant’s income;
• requirements for the second party in in writing on provision of child support.

Collection in a fixed amount of money

Let's consider how to make calculations for this option of receiving alimony. In this case, it must be remembered that there must be justification as to why the defendant should pay a fixed amount. This justification should be proof that he has unaccounted income, for example, he receives a “gray” salary (in an envelope), and not a “white” one. In this case, you can be required to pay alimony in the equivalent of one minimum wage (minimum wage).

To calculate what amount should be paid for collection for the previous three years, you need to multiply the minimum wage by 3 and multiply by 12. You need to understand that over the past three years the minimum wage could have changed, so the calculation must be made taking this fact into account.

Recovery as a percentage of earnings

In our country, according to the law, the amount of alimony as a percentage of wages is:

• for one child – 25%;
• for 2 children – 33%;
• for 3 or more children – 50%.

For this option of collecting alimony, it is necessary to know exactly the amount of the defendant’s earnings. For this reason, the court requests documents from the debtor that will indicate the amount of his income for the last three years. If the debtor has not worked anywhere during all this time (or part of it), then the calculation is carried out based on the average salary for Russian Federation at present.