How long to wait for the first maintenance

Often, the question of how long to wait for the first maintenance from the time of filing with the court becomes very urgent, especially in cases where the funds are the only income of a single mother.

However, a clear answer cannot be given.

It depends on many factors, inter alia, in which proceedings are brought before the court, whether the payer has the income or any property owned, and so on.

It is important to know: maintenance payments begin to accrue from the time the claim is filed

According to article 107 of the UK, the date of commencement of the payment of maintenance shall be the date on which the court received the claim, which means that regardless of how long the proceedings themselves will take, if the court takes a favourable decision for the recipient of the maintenance, the money will be recovered from the payer as from that date.

Moreover, according to the same article, if the recipient of the maintenance can prove in court that he or she attempted to recover child support prior to filing his or her claim, the alimony may also be paid in the intervening period, but not more than three years prior to the filing.

How long does the trial take after filing the claim?

In the ordinary proceedings, the trial lasts one month, during which time the judge must appoint and conduct the trial and make and announce his decision to the parties; pursuant to article 211 of the Code of Criminal Procedure, such a decision must be executed immediately.

It will therefore take only one month between the date of receipt of the documents by the court and the date of receipt of the executive notice, provided that the action is brought in accordance with Russian law.

If the documents are filed in violation of the norms of the Russian Criminal Code, the court may refuse to accept them, return them to the complainant, or leave the case without movement until all deficiencies in the documents provided have been corrected.

Such measures would result in an increase in the time required to obtain an executive document.

Refusal to accept claim

It is prohibited by law to re-claim the same defendant, on the same grounds and with the same requirements, if a similar case has already been decided, either the parties have signed a settlement agreement or the plaintiff has dismissed the claim.

If a re-claim is filed, the judge will refuse to accept it.

Retrieving the complainant ' s claim

A claim for maintenance may be returned to the claimant in the following cases:

1. The case was to be heard in the order proceedings;
2. The documents were submitted by an incompetent citizen;
3. The documents have not been signed or signed by a citizen who is not authorized to do so.

Reasons for leaving the case without movement

If the complainant submits documents in violation of the rules of the Russian Code of Criminal Procedure relating to the form of the application and its content, or fails to attach the required documents to it, the judge shall decide whether or not to leave it without movement and shall grant the applicant a period of time to correct all defects.

If the shortcomings were corrected within the time limits set in the determination, the case would be taken up; otherwise, the judge would return the documents to the applicant.

Time limits for consideration of the case after application for alimony

In cases established by the PCO, citizens have the right to summary (ordered) proceedings; in the order proceedings, the judge decides independently, without a hearing, and the parties to the case are not invited or heard by the judge.

The judge ' s decision shall be based only on the grounds of the applicant ' s statement, and the judge ' s decision shall be in the form of a court order, which shall be issued no later than 5 days from the date on which the application from the applicant is brought before the court.

Once an order has been issued by the court, a copy of this document is sent to the maintenance payer (debtor) and the debtor is entitled to express his objection to it within 10 days.

An objection must be addressed in writing to the justice of the peace who issued the order.

If the maintenance payer filed an objection with the court, the order would be quashed, regardless of the reasons given by the debtor in the document, in which case the claimant would have the right to prepare and file a claim for further review before the court in the general (accuracy) proceedings.

Refusal to accept the application, return of the application to the applicant

The judge may refuse to accept the applicant in the following cases:

1. Previously, an order was issued on the application of the same claimant, the same debtor, on the same grounds, with the same claims;
2. The case is not subject to an order;
3. A maintenance worker lives outside the Russian Federation;
4. In the documents provided, there is a dispute about the law.

Timeline for the receipt of maintenance after delivery of the performance sheet to bailiffs

Sometimes, in order for the alimony payer to start listing the alimony on his own, a court decision is sufficient, but more often, a bailiff is required to get the money from the debtor.

In order for the bailiff to commence the execution proceedings, the applicant must provide him with an executive document and an application; within three days from the date of receipt of these documents, the bailiff must order the commencement of the execution proceedings or refuse to initiate them.

After the commencement of the proceedings, the bailiff sends requests to the various authorities and organizations to determine the place of work of the debtor, his earnings, and the money and property at his disposal.

The estimated time frame for starting to make money in a similar situation is two months.

However, the debtor does not always have any income, money or property; in some cases, money may not be expected at all.

Often, avoiding the need to pay child support, the payer hides himself and hides his property.

And in the event that such a search fails within a year, the claimant will be entitled to recognize the debtor through a court of law without a record of absence.

Self-application to the accounts of the debtor's employer organization

A claimant who has received an executive document and who is aware of the debtor ' s official place of work may apply to the organization ' s bookkeeping office on his or her own, without having to go through the MTSP.

How long is the claim for alimony considered: time frame

It is always very important for the potential recipient of alimony payments to know how much time the claim for alimony is being considered.

The law stipulated that payments were due from the time of filing such a petition with the court, but that payments would be made only after an executive report had been prepared on the basis of a court decision.

It should be noted that a case can be dealt with not only in a general order but also in a simplified manner; the time limits for the issuance of a judicial act are, of course, different.

How much is the case dealt with under the general rule?

The proceedings include a number of stages:

1. Adoption of the case;
2. Preparations for the court hearing;
3. Trial session;
4. The delivery and disclosure of the judgement in the case.

From the outset, when a claim for alimony is brought before a court, the judge to whom the claim is brought is given five days to decide whether or not it is admissible to consider a particular claim.We need to establish:

• Whether the requirements set out in the Code of Civil Procedure have been met;
• Whether the case is admissible before the court to which the application is sent.

If the court is unable to consider the question of the recovery of maintenance, the application shall be returned to the plaintiff, and the applicant shall be informed of where he should turn, and if there are any shortcomings, he shall be given a reasonable time to correct them.

It is in a court that can consider the claims and the form and content are in order, in which case the judge shall issue a decision on the preparation of the case for trial, set a date for the preparation, and then all the above stages shall be carried out.

The matter is governed by article 154 of the Code of Criminal Procedure of the Russian Federation. Part one of this article states that a civil case shall be heard within two months.

It is very important to know from when the application begins to run, not from the day when the judge found that the claim was admissible, but from the time the claim was brought to court.

However, it is necessary to focus on part 2 of the above-mentioned article, which deals with exceptions to the general rule: the time limit for the recovery of dependents is not general; it is special and abbreviated; the judge is given only one month to decide on the merits.

What's next?

Then the judge announces the decision, you have to wait until it comes into force.

Maintenance cases are rarely appealed, but there's nothing to rule out, and if there's a complaint, we'll have to wait a little longer.

The complaint will be heard in a higher court, and it will also take about the same period of time as the trial court.

In other words, the judicial procedure could be considerably prolonged.

Another important point is that the period of one month applies to cases where, for example, an active wife has filed alimony but has not made any other claim, and if the question of the division of property, divorce or the determination of the child ' s place of residence is raised, there is a general period during which the judge ' s cases are heard.

In order not to delay the recovery of maintenance, it is necessary to refrain from combining the various claims, albeit related to each other, in the application; however, very often the courts separate the claims on their own initiative and deal with them in different cases.

Simplified procedures

It's not always a matter of keeping a parent's money in favour of a child for so long, it's possible to solve the issue within five days, and it depends on how the applicant gets the money recovery.

In order to solve the problem quickly, it is necessary not to file a complaint. We must state that we wish to receive a court order.

Such application shall be considered:

• A judge within five days of his receipt;
• without calling the parties to the courtroom.

But there is one thing: in the event that the debtor of the case, within 10 days of the issuance of the order, makes an objection, the court act will be revoked, and the entire process of recovery will commence again as a matter of suit.

That is, there is some uncertainty about the timing of the review:

• 5 days;
• Or five days and then another month.

There was also a feature concerning simplified enforcement: there should be no dispute over law, and third parties should not be interested in resolving the matter.

Typical situation: If the child is already being recovered from the first marriage and the mother of the second child wishes to claim payment, an application for an order may not be made.

If the second child ' s mother ' s claim was satisfied, the first minor would receive less maintenance.

How much money do I have to wait for?

Once the executive document has reached the bailiffs or the employer, the execution of the judicial act begins.

How long is it to wait for alimony if it's being recovered through bailiffs?Here's your timeline:

• 3 days to initiate execution proceedings;
• Five days to give the debtor a chance to perform the obligation voluntarily.

Enforcement measures are already in place: seizure of accounts and property, restriction of rights, etc.

When to wait for the first maintenance from the employer of the payer, the employer must keep the money for the maintenance of the minor from his or her parent ' s salary each month, within three days of the payment of the funds to the employee.

However, there are different cases: sometimes the debtor avoids enforcement and it is difficult for the bailiffs to do something, and sometimes the employer does not hand over the funds in a timely manner, or does not hand them over at all.

Outcome

1. The duration of the recovery of funds for a minor or other dependent depends on the judicial process in which they are recovered.
2. The position of the defendant (debtor) in the case is also important; if he does not object to the penalty, the case can be dealt with very quickly.

If there are any objections, anything can be expected: demands to quash a court order, filing a counter-claim with the court.

• The total duration of the maintenance dispute is up to one month, reduced to five days, and they may well add up if they have to file an order after the application.

 

The best way to deal with a particular situation is to try to do things quickly, or to reach the goal slowly, but surely, to consult with a competent and qualified lawyer who is not the first year of recovering alimony payments.

At first glance, it may seem better to decide in five days, but if, for example, the defendant is in a violent mood, it will last for not even one month, and it is very important to have a legal-based and situation-based approach.

When maintenance payments are made after application has been filed

A great deal of confusion is expressed about the date of payment of alimony payments. Some believe that from the moment the judgement is rendered, others are from the date of dissolution of the marriage, while others are making up their own options. And yet, from when do alimonys accrue? How long does the litigation in this category last?

Where should I go?

Support can be obtained in two ways: by agreement between the spouses and by a court decision.

It is quite common to collect payments in parallel with a divorce claim, but this is not necessary: an application may be filed both during the marriage and after its dissolution. The action includes the following points:

• Name and address of the vessel;
• Personal data: plaintiff, defendant, child;
• A statement of the facts of the violations of the complainant's rights, in our case, evasion of the maintenance of the dependant;
• A claim for maintenance;
• Calculation of maintenance payments;
• Annexes;
• Other information required for the consideration of the case.

The application, the State duty paid, the written evidence is submitted to the office of the court, and it is after the application for alimony that payments will be made.

On the basis of a court order, a court order is issued or an executive notice is issued, and the document indicates the actionr, the debtor, the amount to be recovered monthly, the date on which the payments are made.

The executive document shall be made available to:

• The service of bailiffs who initiate enforcement proceedings against the debtor;
• In the accounting of maintenance work.

From what date do alimonys accrue?

Voluntary arrangements

A maintenance agreement is entered into with the mutual consent of capable citizens and the provisions of the treaty are subject to notarization and the instrument becomes enforceable.

The parties themselves shall indicate from when the alimony will be paid, but it must be borne in mind that the provisions of the contract must not conflict with the law and infringe on the rights and interests of the person claiming maintenance; all changes shall be made with mutual consent and notarily certified; and in case of disagreement, the dispute shall be settled by a court.

Retribution through court

The most common confusion with dates arises in the collection of maintenance payments by the courts, so many believe that alimony charges are:

• From the moment of the judgement;
• From the date of dissolution of the marriage;
• as from the date of the establishment of the executive proceedings.

According to article 107 of the Family Code of the Russian Federation, payments are awarded after an application for alimony has been filed in court.

As in any rule, there are exceptions, for example, payments can be recovered for the three-year period preceding the day of recourse to the court.

• In the meantime, attempts were made to obtain voluntary funds (letters with maintenance charges, telephone records, social media correspondence, etc.).
• In the case where the claim for maintenance is first made, that is, no judicial claim has been made.

An executive notice for the recovery of maintenance for a minor may be submitted to the SPF before the child ' s 21st birthday, because payments are paid before the age of majority, and 3 years are the statute of limitations for maintenance obligations.

From what date does maintenance be recovered in the determination of paternity?

If the claim for paternity also includes a claim for maintenance, in the event of a relationship between the father and the child, the alimony will be recovered from the date of the registration of the claim with the court ' s office.

In the event that paternity is first requested, the court must obtain a court report on the relationship, and then apply to the judicial authorities for maintenance by attaching a court decision on paternity, which will be the date on which payment will be made.

Time frame for the recovery of maintenance payments?

Once a claim for maintenance has been filed, how long does the judgement wait? Such a question is visited by potential applicants. The time limit for processing claims depends on the type of proceedings and whether the judgement will be appealed.

Order-based proceedings

This type of proceeding applies if there is no dispute about children, no dispute about or determination of paternity, and there is no disagreement about alimony payments.

The court order shall be issued within five working days of the receipt of the application to the court; the case shall be heard without the parties being called to the hearing; the court act taken shall be communicated to the defendant by letter of notification.

If no objection is raised within 10 days of receipt of the letter, the order shall become enforceable.

Thus, after the application and receipt of the executive document, it will take about three weeks.

In the event of an appeal, the judgement is quashed and the case is heard first, but already in the proceedings.

Retribution procedure

The dispute over children or the amount of child support forms the basis of the proceedings, which means that the parties are called to the court, their arguments are heard and the evidence presented is examined.

The first thing to do is to determine to which court to file an application, and as a general rule, the claim is filed at the location of the defendant.

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In the event of a dissipation of the claim, the deficiencies must be corrected within the prescribed time limits, followed by the documents being admitted to the proceedings.

In about 10 days, the parties are informed of the court ' s hearing; depending on the court ' s workload, the time may be longer than or less than 10 days ' time; after hearing the parties, third parties and examining the evidence provided, the court shall issue a legal act.

A decision on maintenance payments becomes enforceable immediately, so an executive document can also be obtained in court, but this does not mean that a court order cannot be challenged before a higher authority; an appeal is possible.

And if the decision is reversed, the alimony payments recovered will have to be returned.

Recovery of maintenance debt

The accumulated maintenance debt is obligatory and does not play a role in whether the maintenance worker is alive or whether the child is 18 years old.

Debt is recovered for the entire period during which the parent was required to make the contributions by agreement or court decision.

What do you do after you apply for alimony?

The dissolution of marriage by parents is no reason for one of them to stop funding their minor children.

Maintenance cases are among the most common and understandable in judicial practice; however, it is not necessary to rely entirely on the experience of one's acquaintance; each case is individual.

Therefore, it is important to have a clear understanding of the mechanism for applying for alimony, the process of its accrual and payment.

Possible options: Where to go with a statement of alimony

With regard to the assignment of maintenance, the legislator assumes that the child ' s parents may choose a suitable way of securing the child ' s financial security.

Of course, the spouses may agree orally on the maintenance of the child, but this is not a legal form of the relationship; therefore, it is not a guarantee of fulfilment of the obligations.

At the same time, the availability of payments (especially if cash was handed over from hand to hand) is almost impossible to prove in court.

In order to guarantee respect for the rights of the child and to protect both spouses, former or current, three official documents are provided by law on the basis of which maintenance payments are made:

• Voluntary agreement between the parties
• Order
• Executive sheet

A maintenance agreement between the parties is always the simplest and most preferred option.

In order to take into account all the details and mutual claims of the parents in the future, the lawyers of Planet Law recommend that they seek the assistance of family law experts in their preparation.

The presence of a lawyer during the process of negotiation and signature precludes the possibility of pressure by the parties against each other or of distorting the terms of the contract in one ' s ignorance.

A voluntary agreement must be notarized, after which it has the same legal effect as a court decision.

An application for maintenance shall be made to the Court of Justice and the judge shall rule on it alone; if the judge is called upon, the defendant shall have a place of work that the applicant has documented; it is important to take into account the fact that the alimony will be assigned solely in shares and the defendant may appeal against the decision of the justice of the peace without giving reasons.

The executive list is the most complex procedure from the point of view of the process; it involves filing an application with the court of first instance (peace or district) in the place where the claimant or defendant lives; the proceedings will be conducted with the arguments of each party and may result in several court proceedings.

Time limits for applying for alimony

Maintenance payments will be made according to the type of instrument providing for their payment; in the case of a settlement agreement, all amounts, the duration of the contract must be recorded, and payment procedures (simultaneous, partial, monthly, or other form of financial relationship arranged by both parties) will be provided.

When it comes to obtaining legal maintenance, article 107 of the Family Code provides that a person entitled to alimony may apply for it at any time.

The period of limitation for a claim in this case is unlimited and may be used at any time as long as the right to maintenance is in force.

There is only one exception – when the defendant paid in good faith by settlement, and then the payments ceased for any reason; in such a case, the time limit is 3 years.

The legislature also provided for the recovery of maintenance for the previous period for a period of three years.

In order to be entitled to claim payment over time, the claimant had to prove in court that he had taken steps to obtain it – looking for the debtor – and tried to negotiate peacefully.

The Supreme Court of the Russian Federation has explained the situation in which paternity is established by the courts; in such a case, alimony may only be awarded from the date of the filing of the complaint and no payment may be made in the previous period, since the man was not recognized as the father of the child before the decision of the court.

Time is money or how long to wait for alimony.

If the voluntary agreement is clear, the parties themselves will set the payment dates, then the enforcement of maintenance will have to be dealt with.

Regardless of whether the case is heard by a justice of the peace or by a district court, the period from which maintenance is counted is the time when the application is submitted to the appropriate authority; the judge has five days to issue a court order.

In the case of a statement of claim, the case will start within a month, depending on the number of meetings during which the dispute will be considered.

Accordingly, by the time the trial is over, the defendant may already be owed a round sum of money.

Getting a positive decision on alimony is only half the case. To start getting money, you have to start an executive case.

In order to do so, the applicant must obtain a court decision or accept a voluntary agreement and hand it over to the SPF. The bailiff will indicate how to write the application and must consider it within 24 hours.

A copy of the order (by no later than the day following the decision) must be sent to the applicant, the debtor and the court that issued the document.

In the second case, the payment must be made not later than three days after the payment of the salary; the delay is punishable by civil liability in the form of a penalty and may be subject to other penalties, up to and including criminal liability.

What if no payment is made?

It is important to note that the number of debtors has decreased since the amendments allowed for enforcement measures to be taken against debtors without the involvement of the police.

However, there are situations in which alimony does not arrive in time, in which case the legislator provides for a penalty of 0.5 per cent of the amount of the debt for each day of arrears.

The beneficiary of maintenance is also entitled to demand that the debtor cover the damages incurred during the delay in payment.

In addition to the payment of damages, the debtors are subject to administrative measures (punishment, deprivation of the right to drive, prohibition to travel abroad), as well as criminal liability in the event of a repeat offence.

How long to wait for maintenance after applying for bailiffs in 2023

Recovery of maintenance on the performance sheet

The party involved in the proceedings for the recovery of maintenance and the successful party often believes that the judgement rendered is a guarantee of the paymenter's performance of maintenance obligations, but it is not that simple. Many debtors, even after the entry into force of the court's decision, do not rush to comply with it, although they are obliged to do so.

There is often another problem: having received an executive document for the recovery of maintenance, the applicant does not know where to go further, where to present the document and within what time frame to do so.

All because it is not every day that we face such a need, nor does the court expect much help.

By issuing the paper, the judge usually confines himself to the phrase "now go to the bailiffs", considering his duty to be performed after the examination of the merits of the case.

If you can't figure out where to file a document for the execution of a court decision and you can't go to a lawyer, you can get some brief information on the subject. Perhaps it can help you.

The executive list on maintenance is the document on which enforcement proceedings are initiated after the court has ordered the award of maintenance payments; this document is issued by the court after the relevant court decision has entered into force.

A certificate for the recovery of maintenance in the execution proceedings is usually issued to the applicant in a single copy, but if the recovery is made in several places (e.g. for several places of work of the maintenance payer), several equivalent copies of the document may be issued.

Where to present an executive list

In the Russian Federation, there is a general rule that in order to recover maintenance, an executive record must be brought to the service of bailiffs within three years of extradition, since the limitation period is three years.

However, the Law on Enforcement provides for an exception: a document containing a requirement for periodic recovery of payments may be enforced:

• During the entire period for which the payments were awarded;
• During the three-year period following the expiration of the period.

The enforcement of court acts is carried out by bailiffs, who have a wide range of powers and are obliged to ensure the full, timely implementation of judicial decisions.

This service has a very extensive structure at the level of the bodies of the constituent entities of the Russian Federation (including district, inter-district and specialized departments), and it is sometimes difficult to understand which unit to contact.

Remember that:

1. Since in maintenance cases the debtor is a natural person, the claimant must apply to the bailiff ' s office at the debtor ' s place of residence, stay or property;
2. If the debtor is required to perform certain acts (e.g. to transfer the property to the ownership of the claimant), it is necessary to contact the bailiffs at the exact place where the acts were committed.

Recovery of maintenance on sheet

The bailiffs initiate or refuse to initiate proceedings within 3 (three) days of the date on which the executive document enters the service, and a copy of the order to initiate the proceedings shall be sent the following day to the debtor, the applicant and the court that decided the case.

• Answer a few simple questions and receive a collection of site materials on your own occasion.

Recovery of maintenance on the performance sheet may require the following actions:

• The debtor ' s call for a conversation;
• Message of requests to establish the debtor ' s financial and property situation (tax authorities, Russian Pension Fund, GIBDD, Rosreestre);
• Visiting the debtor ' s residence;
• The seizure of the debtor ' s existing assets;
• Searching for the debtor through the internal affairs authorities;
• To order a temporary restriction on the debtor ' s departure from the Russian Federation if the debtor does not pay alimony for no good reason.

Loss of leaf

If there is a loss of an executive document on the part of the claimant or bailiffs, the court issuing the list must apply to obtain a duplicate.

The application shall be considered in a court hearing with notice of the place and time of the persons involved in the case.

The persons concerned may file a private complaint against the court ' s decision to issue a duplicate.

If a court officer, bailiff or other official is responsible for the loss of the sheet, a fine of up to 2,500 roubles may be imposed on the guilty official.

I asked for alimony, what do you want to wait for?

Hey, everybody! Today she's on alimony! They said to call in two weeks, what's the next thing? Who's been in trouble? Who's the dad already set up in July, while helping with the grocery kit every week and the diapers, and since the beginning of the year, nothing. So I've decided! Anyway, I want an opinion on how I got. By the way, our dad was very afraid not to serve, then he was scared that he'd only send 500 rubles and everything, that he'd quit, he'd get lost, and so on, how do the bailiffs work today, and how do I get notified of everything?

I went, I took the decision, then I took him to the bailiffs.

If it's official, it'll just transfer money to you, but what's the official question? If you don't pay the debt plus pennies, they'll find the bailiffs for 15 days, and if they're lucky, they'll describe the property for that amount.

How long to wait for the first maintenance?

Response from the lawyers of the Law-divorce portal: A court decision or a court order for the recovery of maintenance shall take effect immediately; the payment of maintenance shall begin on the date of application to the court or on the date specified in the claim (if the alimony is recovered in the intervening period).

When the first alimony payments are received, however, depends on the speed with which the plaintiff forwards the executive document to the accountants at the defendant's place of work or to the bailiff's office, and on the speed and quality with which the officials of these institutions perform their duties.

For example, if an executive document were to be transferred to the accounting department, the first amount would probably be withheld from the defendant ' s next salary, and if the bailiffs had to be contacted, the first alimony payment should not be expected before three months.

Time limits for recovery of maintenance cases

It is important not only for the applicant to have reason to retain the child from another parent, but also to know the amount of time required to obtain the money; the judicial procedure consists of many stages, each of which has a fixed period of time.

Let's see how long the alimony application is being considered and how long it's gonna take to wait for the first payments.

Consideration of claims

The time limits for the consideration of the application are set out in article 154 of the Code of Criminal Procedure of the Russian Federation. If the dispute concerns maintenance, the decision must be rendered before the end of the month following the commencement of the proceedings.

If another contentious issue (the children ' s place of residence dispute, the division of joint property) is resolved together with the maintenance requirements, the review period will be 1 or 2 months, depending on whether the justice of the peace or the district court will proceed accordingly, and there are a number of other proceedings.

1. Preparation of the claim: If the document is prepared by a specialist, it will take no more than 2 to 3 hours; it will take 1 to 2 days for the application to be made on its own, using the existing model.
2. Distribution of documents: The applicant may either file an application with the court or use the post office (in the latter case, the date of the application is the day displayed on the stamp). If the documents are transmitted through the liaison office, it is worth taking into account the time it takes to deliver the mail; the e-mail running within one city may be between 4 and 7 days.
3. The court has five days from the date of receipt of the application and will verify that the application is in conformity with the requirements of the law; if there is a violation, the complaint will be dismissed without motion or consideration; in such cases, the complainant must correct the observations and re-examine them.
4. Settlement of the dispute: A case may not be heard more than one month or two (in the cases described above) from the date of acceptance of the application.

Further time costs

Once the decision has been taken, the plaintiff will not be able to obtain the maintenance due immediately, and the defendant will be given one month from the date of the judgement to appeal; if he does not avail himself of this right, the applicant will be able to obtain an executive notice and apply to the SPF after the challenge period.

Additional time costs arise when a complaint has been filed and is heard by an appellate court.

Summary proceedings

In order to reduce the amount of time spent on the trial, chapter 21.1 on summary proceedings was added to the PCA of the Russian Federation.

• Decision-making without calling the parties;
• Preparation of a truncated version of a judicial act;
• Reduction of appeal time to 15 days.

Retrieving a court order

An alternative to a simplified dispute resolution procedure is the issuance of a court order, so let's see how long an application for alimony is considered in an order proceeding.

According to article 126 of the Code of Criminal Procedure, a court order shall be issued within five days after the application for extradition has been served, under the following conditions:

• It has been delivered to the debtor;
• The defendant did not object to the enforcement 10 days after the receipt of the order.

The defendant ' s ability to quash the act in an unconditional manner will be subject to standard rules in such a situation; as a result, the decision period will be increased by 2 to 4 weeks (if the claim is prepared and filed for a long time, the recovery process will be further delayed).

At what time cash income will begin

Additional time costs relate to the application to the SPF or to the accounts of the company in which the payer works.

When a claimant acts through the SPF, it needs to take into account a number of procedural deadlines:

• a period of 3 days for transmission of the executive document to the bailiff;
• Commencement of enforcement proceedings within three days of the receipt of material by the official;
• granting a period of five days to the debtor for voluntary payment (the period begins to run from the date of service of the enforcement order).

The bailiff will be able to initiate enforcement in at least two weeks, taking account of the e-mail mileage.

Rules for determining time costs

It is recommended that several rules be applied in determining the time costs of recovery of maintenance.

1. The order procedure is the quickest way to resolve the issue; this is effective only in the absence of a maintenance dispute; if there is one, the filing of an application for a court order will only delay the proceedings.
2. The standard procedure for the recovery of funds for the maintenance of a child may not last more than a month without taking into account the various actions prior to the adoption of the claim and the appeal decision.
3. Simplified maintenance proceedings are not possible.
4. The recovery of maintenance through the SPF will not commence until two weeks after application.

Knowing the characteristics listed, the parent will be able to choose the most appropriate way to obtain payment.

Since when do you get alimony in divorce?

Many parents believe that debt obligations are incurred only when they are visited by the bailiffs with an order, but alimony is paid from the time the recipient applied to the judicial authority.

I asked for alimony — how long to wait for the first maintenance?

Under article 107 of the Code of Criminal Procedure, payments for maintenance of children are awarded from the time of filing an action with a judicial authority, i.e., registration with the court ' s office; the decision to be made by the judge for the period of assessment will not affect, as will the time of dissolution of the marriage and the time of notification of the defendant.

Pay attention!The law provides for the possibility to recover payments earlier if it is proved that one of the parents has attempted to obtain payment from the defendant.

This period is limited to three years.

In fact, in a situation where, for example, a husband divorced her husband five years ago, she had their child together, and only now she has applied to the court for alimony payments, she has the right to claim payments only for the last three years.

And if the marriage ended just one year ago, and during this period, the ex-husband has not paid a dime to the needy family, the alimony will be paid for the entire period, and not only how many applications were filed.

If you are dealing with your own case concerning the order of payment of maintenance in divorce, you should remember that:

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

How much alimony are you paying for?

There are three nuances to consider:

1. A three-year period would be relevant if the claim was initial; if a court order had already been issued, the payer had not paid the alimony, he would have to be recovered for the entire period of the debt, and fines and penalties would still be taken into account.
2. The recipient must prove that he has made every effort to ensure that the paid parent sends the money voluntarily; for example, he has attached all copies of the letters sent, subject to payment of debts.
3. If the court ' s decision has been obtained but the parent has not applied for any reason to either the bailiff ' s office or the accounts of the payer ' s organization or the defendant himself, the statute of limitations is irrelevant; the recipient parent or the child has the right to apply for maintenance at any time, even 10 years after the court ' s decision.

Maintenance payments for the past month must be paid immediately, regardless of the date on which the maintenance funds are paid; if there is a debt, they shall be paid in subsequent instalments.

How long to wait for the first maintenance in 2023: following application to the SPF

Once a claim for maintenance has been filed against minor children, many are interested in the question of how long to wait for the first maintenance to be paid, and it is important to understand the length of the claim procedure.

Recourse to maintenance

A potential recipient of maintenance payments must apply to the court with a claim and a cheque for payment of State tax in order to commence retention; if the documents are correct, they are accepted by the court office; it is after the claim is filed that the procedure for charging maintenance payments begins.

After the decision of the court, the applicant is given a court order, which is the fundamental document for the retention of maintenance from the payer, and on the basis of the court order, the plaintiff is given a court order or an executive notice, and both documents contain the following information:

• The recovery and maintenance payer;
• The amount of maintenance payments;
• The date on which the payment and retention of maintenance begins.

The court documents (order or decision) must be handed over to the FSPS branch. 3 working days of execution proceedings will be initiated after recourse to the bailiff ' s office; the executive list will be handed over to the applicant and sent back to the defendant ' s place of work for the initiation of the retention of maintenance payments procedure.

In order to expedite the transmission of the executive documents to the accountant ' s place of work, it is recommended that the documents be delivered in person; due to the heavy workload of the bailiffs, the documents may be transmitted within 90 days.

If the debtor fails to perform within five working days, enforcement methods are used.

Commencement of maintenance retention

The commencement of maintenance payments depends on the method of recovery:

If the spouses have entered into a maintenance agreement, the date of commencement of the payment of maintenance shall be determined by the parties and recorded in the document.

The agreement will have the force of an executive document after a notarization, and the agreement may then be handed over to the bailiffs for the commencement of the execution proceedings and the retention of the money.

If the agreement is to be amended, all of them shall be certified in a notary, and it shall be borne in mind that the agreement shall not prejudice the interests of the children, and the amount of maintenance shall not be less than that which the court may prescribe.

When a claim is brought before a court, in most cases, the payment and retention of maintenance begins after the application to the court, except in cases where a potential payee has attempted to recover the maintenance by means of a written application, telephone conversations with the payer, etc. The debtor has not responded to the application, in which case the claimant may receive maintenance payments for the previous three years.

Duration of proceedings

The length of the proceedings in respect of claims for retention of maintenance payments depends on the type of proceedings and the intention of the respondent to appeal the claim.

Order-based proceedings

The recovery of maintenance payments under a court order shall take place if:

• The parents have reached agreement on the amount and manner of payment of maintenance;
• The issues concerning the child have been resolved;
• There is no need to establish or challenge paternity.

An application for a court order shall be submitted to the court and shall be heard without the attendance of the parties within five working days, and the outcome of the hearing shall be a court order, which shall be communicated to both parties.

Once an order has been issued, the responsible party is given a 10-day period to appeal; if this has not occurred, the order becomes enforceable; in the event of an appeal, the judgement is revoked and the case is referred to the proceedings by way of legal action.

Proceedings

If there is disagreement, the alimony payments are recovered by way of legal action; if the statement of claim and its documents are correct, the date of the first hearing shall be notified after 10 working days.

In accordance with article 154, paragraph 2, of the Code of Criminal Procedure, cases relating to the retention of maintenance payments in favour of minors must be considered within 30 days, the outcome of which is a judicial decision; it becomes effective 30 days after the formation; during the prescribed period, the defendant may lodge an appeal.