Court order for the collection of alimony (sample)

Home / Family / Alimony / What does a court order for alimony look like and what to do after receiving it 09.24.2018, Sashka Bukashka

A court order for the collection of alimony is a settlement order on the payment of funds in favor of a minor child, which is issued without a hearing and is itself an executive document.

Have you filed a lawsuit for alimony and won? Congratulations to you! But now the next step needs to be taken: find out where to take the completed sample court order for the collection of alimony. We will be happy to help you figure this out.

The definition of such an order is given in Article 121 of the Civil Procedure Code of the Russian Federation. In accordance with its norms, this is a judicial act issued by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor according to the requirements provided for in Article 122 of the Code of Civil Procedure of the Russian Federation.

Where can I get a sample? It will be issued in court after the decision comes into force. To do this, you will need to write an application for the collection of alimony. It must indicate in which way you want to receive such an order: in person or by mail.

In addition, the writ of execution can be sent directly to the branch of the Federal Bailiff Service. However, receiving it does not mean that the situation has already been resolved finally and irrevocably; more often than not, serious efforts have to be made to obtain the money.

We'll show you where to go, what to fill out and carry—how to optimize this process.

Who can get a court order

This right (after submitting the appropriate application, which we will talk about below) is given by law:

• To the child's parents,
• guardians or trustees of the child.

The main requirement for the applicant for the order is that the child is on his financial support (that is, he lives with him and is provided with everything necessary at the expense of his money).

How to apply for a court order to collect alimony

Such a statement is written in free form, there is no strict form. However, there are a number of rules that should be followed.

1. In the header of the document please indicate:
   • To the magistrate of which precinct and which city the application is submitted.
   • Your last name, first name and patronymic, address and telephone number.
   • Last name, first name, patronymic and contact details of the person from whom you want to receive alimony.
2. Write the title of the document - Application for the issuance of a court order for the collection of alimony.
3. Next, describe the situation as specifically as possible, indicating facts and figures (information about marriage and divorce, information about the child, why you are seeking alimony in court).
4. Refer to Articles 80 and 81 of the Family Code, which states that a parent must support a minor child.
5. Next, write “Please” and indicate your requirement (to issue a court order for alimony for such and such a child in such and such an amount).
6. Sign and date.

Copies of the following documents will need to be attached to the application:

• Parents' passports.
• Child's birth certificate.
• Documents on the income of the parties (for example, certificate 2-NDFL).
• Divorce certificate (or marriage certificate if you are not divorced).
• Confirmation of the child’s place of residence.

Here's what the completed sample looks like:

The magistrate must consider the application and make a decision on issuing a court order within 5 days.

What does a child support order look like?

First, let’s figure out what the sample should look like when it’s in your hands. A completed sample of a court order for the collection of alimony looks like this:

This example shows how such a document should be filled out and without which it will not be accepted for execution. The requirements for mandatory details are contained in Article 13 of the Federal Law “On Enforcement Proceedings”, and they must be observed by the court. Therefore, they must be checked upon receipt of the order. So, it must indicate:

• name and address of the court that issued it;
• number and name of the case for which it was issued;
• the date of adoption of the judicial act and the date of its entry into force;
• deadline for appeal;
• details of the claimant and debtor for alimony: full name, address, contact telephone number (for the debtor - date of birth, place of work, if known);
• conclusions made by the court in the case;
• date of issue;
• signature of the judge and official seal of the court.

If your sample does not need to be filled in with the missing data, then you can use it to obtain alimony from the debtor. Now we’ll tell you where to take the court order for the collection of alimony.

Where to submit a court order for alimony?

The writ of execution for the collection of alimony is not limited in terms of its presentation for execution until the child reaches the age of 18 years. Such an act is valid all this time, as well as 3 years after the child reaches the age of majority (Part 4 of Article 21 of Federal Law-229 “On Enforcement Proceedings”). To give effect to the will of the court, there are two legal ways.

Send the court order to the bailiff service at the place of registration of the debtor (carry in person, send by courier or send by mail - it doesn’t matter, but if by mail, then do it by registered mail so that it is possible to track this letter by the receipt number). In this case, an application to initiate enforcement proceedings must be attached to such paper.

If the debtor works and his place of work is known, carry it and present it to the employer. Be sure to take a note from the organization about receipt of the writ of execution and leave there the details for transferring the collected alimony.

Let's look at each of the two ways in more detail.

Applying for alimony to the FSSP

Along with the order, a sample application must be sent to the bailiff service with a request to accept it for processing. Be sure to fill out the form like this:

• indicate your last name, first name, patronymic, registration address and passport details (series, number, by whom and when issued, department code);
• details of your bank account to which alimony will be collected;
• name, number and date of issue of the writ of execution, as well as the name of the court that issued it;
• the amount of the claim (from the amount of debt or the collection procedure);
• all known data of the debtor (place of work, address of actual and registered place of residence, telephone numbers);
• other information - such as is relevant for the purpose of alimony.

A sample of such a statement can be found on the website of the FSSP of Russia. It looks like this:

By following the data in the recommendation template, filling out the sample yourself is very easy. It can be written by hand directly at the FSSP department.

After the bailiffs receive all the necessary documents, they must open proceedings on the case and begin enforcement actions. If the court order for the collection of alimony has been canceled due to its appeal by the debtor, the application to open enforcement proceedings will be rejected.

Applying for alimony at the debtor’s place of work

If the parent paying alimony works officially and does not strongly object to paying maintenance for the child, you do not have to contact the FSSP, but immediately submit such an order to his employer organization. This can save you some time and money for the other parent, because he will not have to pay an enforcement fee.

The accounting department is obliged to accept such an act for execution on the basis of an arbitrary application from the claimant. In this case, the required amount of alimony will be deducted monthly from the debtor’s earnings and sent to the specified details. This will happen twice a month, simultaneously with the payment of salaries in the organization.

If the debtor quits, the documents will be returned to you and you will still have to contact the FSSP or your new place of work.

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Application for a court order to collect alimony

Application for a court order to collect alimony - download a sample

You can collect alimony for minor children (in the absence of a dispute about paternity) only by filing an application for a court order to collect alimony according to our sample.

Before submitting an application to the court, you need to understand the rules for its preparation, the documents necessary to collect alimony, and choose a court that has the right to consider such applications. Then you will need to download a sample application and fill it out correctly.

After that, all that remains is to file an application with the court and wait for the court order to collect alimony.

Let's look at the rules for drawing up and submitting applications for a court order to collect alimony together. 

Details of writ proceedings and the issuance of court orders can be found in a separate article.

Note!

Court order

Who has the right to apply for a court order for alimony?

The right to file an application for a court order to collect alimony for minor children belongs to the child’s parents (or one of them, if alimony is being collected from the other), guardians and trustees, representatives of the guardianship authority and the administration of children’s specialized institutions (orphanages, shelters and others).

Note!

New in the law on child support

The main condition for determining the right to file an application for alimony is that the child is supported by this person.

Only the person who supports the child has the right to demand the recovery of alimony from another.

One of the parents can apply for a court order to collect child support from the other only if the child lives with him and he supports him. 

If the child is not being raised by his parents, then the officially appointed guardian or trustee will have the right to collect child support, and if the child is in a shelter, the management of this institution will have the right to collect child support.

Preparing an application for a court order to collect alimony

Before preparing an application, you need to collect documents giving the right to collect alimony:

• birth certificate of the child(ren);
• certificate of family composition;
• certificate of marriage (divorce)

The birth certificate will confirm the right of the claimant to apply for a court order, and the debtor to pay child support.

If information about the child’s father is not entered (there are dashes) or entered arbitrarily (only at the request of the mother), it will not be possible to collect alimony by court order. In this case, paternity must be established simultaneously with child support.

For information on establishing paternity and collecting alimony, see the special article.

Note!

Statement of claim to establish paternity

A certificate of family composition will confirm that the child lives with the alimony claimant. Instead of a certificate, you can attach other documents confirming the child’s registration with the applicant, for example, a copy of the house register.

After collecting documents, you need to determine which court to file an application for a court order for alimony. Such claims are subject to jurisdiction only by magistrates. The application can be submitted to the magistrate at the place of residence of the applicant or at the place of residence of the debtor. the choice depends only on the convenience of the applicant. Typically, everyone submits such applications to the magistrate at their place of residence.  

After collecting documents and determining jurisdiction, download a sample application for a court order to collect alimony from our website and fill it out, guided by the information provided. The application can be typed or handwritten. The amount of child support is determined depending on the number of children.

Note!

Child support amount

Filing an application for a court order to collect alimony

You can submit your application in person or send it by mail. The address of the magistrate's precinct can be easily found on the Internet. Please attach copies of documents to your application.  

An application for a court order to collect alimony is considered by a magistrate within five days from the date of receipt of the application without summoning the parties to court (Article 126 of the Code of Civil Procedure of the Russian Federation). Based on the results of consideration of the application, a court order is issued to collect alimony.

A copy of the court order is sent to the debtor, who can file an objection against it. If such an objection is received, the magistrate will cancel the alimony order and invite the applicant to file a statement of claim.

A claim for the collection of alimony is also filed if the debtor is already paying alimony to other children. 

Note!

Statement of claim for alimony collection

If no objections are received from the debtor, the magistrate issues a court order to collect alimony for its execution. 

Sample application for a court order to collect alimony

The presented sample can be used when filing applications for the issuance of a court order for the collection of alimony to magistrates of any district or city in the Russian Federation. Be sure to enter all data in full, without abbreviations.

To the magistrate of judicial district No. ____ for the city (district)_____ Claimant: ________________ (full name, address) Debtor: __________________ (full name, address)

Application for a court order to collect alimony

I and _________ (full name of the debtor) are the parents of a minor child (children) _________ (full full name of the children, date of birth).

The child (children) live with me, I fully provide for them financially, the defendant has not provided and does not provide financial assistance for the maintenance of children. The defendant has no other children, no deductions are made from him under writs of execution, and we were unable to reach an agreement on the payment of alimony.

• In accordance with Article 81 of the Family Code of the Russian Federation, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half earnings and (or) other income of parents.
• In accordance with Article 122 of the Code of Civil Procedure of the Russian Federation, a court order is issued if a demand is made for the collection of alimony for minor children, not related to establishing paternity, challenging paternity (maternity), or the need to involve other interested parties.
• Based on the above, guided by Articles 121-124 of the Civil Procedure Code of the Russian Federation,
• Ask:

1. Issue a court order to collect from _________ (full name of the debtor) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of _______ part of all types of earnings monthly, starting from the date filing an application before the children reach adulthood.

List of documents attached to the application:

1. A copy of the marriage certificate (divorce certificate if the marriage is dissolved)
2. Copy of the child(ren)'s birth certificate
3. Certificate from housing authorities about the child(ren) living with the plaintiff

1. Date of application “___”_________ ____ Signature _______
2. Download a sample application: 
3.   Application for a court order to collect alimony for 1 child
4.   Application for a court order to collect alimony for 2 children
5.   Application for a court order to collect child support for 3 or more children

Questions about writing an application

What documents must be submitted if the marriage was not registered?

You need to submit all the same documents, except for the marriage certificate. In the application for a court order, indicate that the marriage was not registered.

I want to collect alimony from the moment of divorce. All this time he simply gave money for the maintenance of the child - 3,000 rubles. Will I be able to recover all the money from him in 2.5 years?

In such a situation, you can collect alimony only from the moment you file an application with the court. Alimony for the past period can be recovered 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 was not received due to the evasion of the person obliged to pay alimony from paying it .

Please tell me how the text of the application will change if the husband pays 1/4 of his total earnings for a child from his first marriage? 

In this case, you need to file a claim for alimony. The magistrate will return the application for the issuance of a court order, since in this case a claim procedure is provided for the consideration of the dispute.

We are not divorced, my husband drinks, there is no money from him. I decided to apply for alimony through a court order. If he contests the application, what next? Or what is the best way to be in such a situation?

In any case, you will have to apply for a court order to collect alimony. There is no other way to collect alimony in such a situation. If the court order is canceled due to the debtor's objections, file a statement of claim for the collection of alimony.  

Is it possible to write an application for a court order so that alimony is paid in a fixed amount?

According to a court order, collection of alimony is possible only in shares of earnings.

Court order for the collection of alimony

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Current legislation provides for the possibility of collecting alimony payments in court if the parent’s obligation to support his own child is not fulfilled on a voluntary basis.

The simplest option is collection by order. However, this method has a number of its own characteristics that must be taken into account in the practical application of the procedure.

How to obtain a court order for alimony?

A court order is a document that simultaneously contains the characteristics of a court decision and an executive document. On its basis, the claimant has the right to apply for the initiation of enforcement proceedings by contacting the bailiffs with the appropriate package of papers.

Obtaining this document is carried out through a procedure established by law on the basis of the Code of Civil Procedure, Chapter 11.

Extradition, regardless of the nature of the dispute, is carried out by magistrates. As a general rule, a court order is issued in situations:

• when there is no dispute between the parties about the right - there are no disputes about paternity or the amount of alimony;
• when the payer's income is known and confirmed.

A court order can be issued when collecting alimony as a percentage of the payer’s earnings. If a recovery is planned in a fixed amount or a mixed order, the order cannot be made - this is considered a dispute about the right to a fixed amount of alimony.

Help: A potential payer can easily cancel a court order. In this case, the judge issues a ruling that explains the right to file a claim in court justifying one’s claims. It is noteworthy that to cancel a court order, no reasons or evidence are required - the simple desire of the debtor is sufficient.

The collection of alimony by order is regulated by:

• The Family Code of the Russian Federation, which defines general issues relating to alimony legal relations and the amount of payments;
• The Code of Civil Procedure, which regulates the judicial procedure, including regarding the issuance of an order;
• Federal Law “On enforcement proceedings, on the basis of which the actual execution of the act is carried out.

Application for a court order to collect child support

To obtain an order for the collection of alimony, the claimant or his representative must perform a number of actions:

• Prepare an application for issuance.
• Collect the required package of documents (originals or duly certified copies must be submitted).
• Properly determine territorial jurisdiction.
• Submit the completed application form with attachments to the magistrate.
• Receive a properly certified document from the judge.
• Prepare an application to initiate enforcement proceedings.
• Submit an application and order to the bailiff service at the debtor’s place of residence.

In accordance with current legislation, the order is applied when collecting child support in the following amount:

The claimant does not have the right to demand alimony in another form - in a fixed amount or in kind, since such proceedings will be a dispute about the right.

Sample application for issuance of a court order

The application for an order must contain the following information:

• Name and details of the court to which such an application is submitted. The address of the judicial authority is required.
• Details of the creditor and debtor. The full name, residential address, and place of birth of the parties will be required.
• The amount of requirements and the amount of state duty that must be paid. In this case, the claimant is exempt from paying it on the basis of the norms of the Tax Code of the Russian Federation as for filing an application in the interests of minor children.
• The name of the application that is submitted to the court.
• Text of the statement. It is worth starting by indicating the facts that led to the existence of an obligation (marriage, birth of children, and so on), then indicating the amount of required alimony, its justification, as well as a link to the relevant legal norms.
• The petition part, which contains a requirement for the collection of alimony in a certain amount.
• List of required applications, date and signature of the applicant.

You can find out what the application looks like on the website of any of the courts or in the court building, at information desks. You can also find a sample on the Internet.

Below is a sample application for a court order to collect alimony, which can be used to file with the courts. You just need to put your information in the fields provided.

Download a sample application for a court order

First, enlist the support of an experienced lawyer who will tell you the right steps and help you avoid mistakes. The requirements for the application are very strict and are specified in Art. 124 Code of Civil Procedure of the Russian Federation. Failure to comply with them will inevitably lead to the return of the application without acceptance for processing, which will delay the collection of alimony. You can consult the lawyers on our website for free right now.

Deadline and procedure for consideration

The application is considered by the judge alone. The creditor and the debtor are not summoned to the meeting, regardless of the circumstances.

1. After this, once the application is registered in court, it must be considered by a judge no later than 5 days from the date of receipt.
2. The issued court order is sent to the debtor, who has a period of ten days to cancel the court order.

The parties need to understand that it is quite easy to cancel a court order. The debtor only needs to indicate that he has objections to its issuance and the document will be cancelled.

Most often, the parties indicate as reasons for cancellation:

• Disagreement with the amount of required payments.
• There is a dispute about paternity.
• Factors that make payment difficult (for example, the debtor is incapacitated or unable to work).
• Other circumstances that make payment difficult or indicate disagreement with the amount of payments.

If the debtor does not receive a copy of the documents for reasons beyond his control, then the date for counting the ten-day period is the date the envelope is returned back to the court. In the future, the debtor may demand restoration of the deadline for canceling the court order if he proves that the missed deadline was caused by valid reasons.

Validity

In accordance with current legislation, namely clause 3. Art. 21 of the Federal Law “On Enforcement Proceedings”, a court order can be presented for execution within a three-year period from the date of its issue. That is, to the question “how long a court order is valid,” the legislator gave a clear answer - three years.

It is worth remembering that if the court order is returned to the claimant, the period for its presentation is counted from the date of its return to the court.

In fact, the same rules apply to court orders as to writs of execution, and its validity period can actually be until the child for whose maintenance alimony is collected turns 18 years old.

The procedure for collecting alimony by court order

What should a claimant do next after receiving a court order? The answer to this question can be obtained by examining the legal norms relating to writ proceedings.

The actual collection of alimony can be made in one of the following ways:

• The order is submitted to the bailiff service at the debtor’s place of residence;
• The document is submitted to the accounting department at the debtor’s place of work.

• If the employer refuses to make the transfers on his own, then the order must be sent to the FSSP service, and if it is transferred to the employer by them, write a corresponding complaint to the FSSP, and then to the court.
• Collection through the FSSP is made after filing an application to initiate enforcement proceedings and the original order to the relevant department of the bailiff service at the debtor’s place of residence.
• After the initiation of proceedings, the bailiff will independently submit the necessary requests and perform the necessary actions, but it is recommended to provide all possible assistance, especially when it comes to providing information.

IMPORTANT: In the application for the issuance of a court order, you can file a petition for the court to send the order for execution, or you can submit such a petition separately in the future.

Advantages and disadvantages of the order of collection

Undoubtedly, the ordering procedure is quite convenient, but this is not its only advantage.

Positive aspects also include:

• Shortened trial period.
• No need for parties to appear at the hearing.
• A smaller amount of state duty (in case of collection of alimony, it does not matter for the claimant).

However, this procedure also has some disadvantages:

• A number of applications cannot be considered by way of an order due to the concept of “dispute of law”. The courts refuse to collect alimony in a fixed amount through an order using this wording.
• The debtor is deprived of full protection of his rights. However, this is compensated by the rather simple procedure for canceling the order, which is a disadvantage for the claimant.

In any case, if, in parallel with the collection of alimony, another issue is not being considered (for example, determining paternity or divorce) and alimony is calculated as a share of the payer’s income, the claimant is obliged to submit an application for an order. The claim procedure in this case is applied either in the event of cancellation of the order, or if the magistrate considers that collection in this order is impossible.

Collection of alimony by order is the easiest and most convenient way to obtain this type of financial assistance for a child. However, the claimant needs to remember the existing legal restrictions and take them into account when carrying out the procedure. If everything is completed properly, the order will be issued in a short time, which will allow the collection of alimony payments to begin as quickly as possible.

Need a lawyer

The help of a qualified lawyer will not be superfluous when drawing up an application for a court order. A competent lawyer will help eliminate possible doubts and give a clear answer about the absence or presence of circumstances that impede the writ proceedings.

Contact our lawyers for a free consultation right now and reduce the chances of an unsuccessful outcome in your case!

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Court order for the collection of alimony: sample application for issuance

Regardless of their relationship and where the child lives, both parents must support him.

If one of the parents refuses to do this voluntarily, the state provides tools for forced collection of special payments through the court.

To do this, they receive a writ of execution in the form of a sheet (in normal proceedings) or a court order for the collection of alimony (if the proceedings are carried out in a simplified manner).

The good thing about the order is that it is received in the shortest possible time. Therefore, you will not have to waste time attending meetings (as is expected in case of claims proceedings). The decision is made without hearing the parties to the process within five days after filing the application. This is stated in Art. 126 Code of Civil Procedure of the Russian Federation.

But the recipient of alimony must also take into account the fact that, in addition to the simplified procedure for the court to make a payment order, this decision can easily be canceled. The person obligated to pay alimony only needs to go to court, and there is no need to even explain the reasons. Then the applicant retains the right to go to court in the standard manner.

The concept of a court order for the collection of alimony

A child support order is a decision made by a magistrate to order payments to a child without hearing the applicant and the defendant.

This document has the same legal force as a writ of execution issued as a result of a court decision when filing a corresponding claim. This is the best option if you want to receive payment assignments in a short time.

But it is necessary to take into account the features of this process, which are as follows.

1. Payments are assigned only in shares of the alimony payer’s earnings. This presupposes that he has a permanent, stable income received officially. Thus, if the payer is unemployed or works unofficially, then he will not be able to receive money in this way.
2. The applicant must submit to the court all information about the alimony payer that is known to him.
3. If paternity is disputed, there is no point in filing an application for a child support order. This case is being heard by way of legal proceedings.
4. If an objection is received from the defendant, the order is canceled within ten days. In this case, the court explains to the claimant his right to file a claim in the standard manner.

Sample court order for alimony (what it looks like)

The order issued by the judge is issued to the applicant. It contains approximately the same information as the writ of execution. The contents of the document are regulated by Article 127 of the Code of Civil Procedure of the Russian Federation, according to it, the court order indicates:

• information about the person who issued the order (date, case, court and name of the judge);
• information about the applicant for payments (his name, registration address and actual place of residence);
• information about the alimony payer (his name, passport information, registration, actual address of residence, place of work);
• information about the common child (name, period of birth, registration);
• amount and procedure of payments, on the basis of which document;
• amount of state duty.

Important! A copy of the order is also issued to the person obligated for alimony.

A sample court order for alimony can be viewed here.

How to get a court order

To obtain the relevant document, you should go to the magistrate's court and follow these steps:

1. Write an application for the issuance of a court order for the collection of alimony, in accordance with Articles 122-127 of the Code of Civil Procedure of the Russian Federation.
2. Submit the document to the office of the court located at the defendant’s place of residence or registered address. The document can also be sent by mail.
3. Then it remains to wait for a court decision on the assignment of alimony or on the objections of the alimony obligee, because of which the order must be cancelled.

In addition to the norms of the Code of Civil Procedure of the Russian Federation, one should also rely on the provisions of the RF IC, since this issue is also regulated by family law.

Sample application for the issuance of a court order for the collection of alimony

The process for filing an application for a court order for alimony is set out in Art. 124 of the Code of Civil Procedure of the Russian Federation, which specifies the following registration rules:

1. The header indicates the name of the court, as well as contact information for both parties to the process (full names, addresses and telephone numbers).
2. In the middle they write: “Application for a court order to collect alimony for child support.”
3. The text mentions the grounds for alimony payments (which is the presence of a child who has not reached the age of majority as a result of not receiving financial support for his maintenance from the second parent), as well as the requirements for assigning payments.
4. Indicate a list of documents attached to the application (these include: a photocopy of an identity card, a document confirming the birth of a child, and papers indicating the income of the child support provider, if any).
5. At the end they put a signature and indicate the date when the document was drawn up.

An application for a court order to collect alimony for a child (children) can be downloaded here

Fee when filing an application for a court order

Applicants in this category of cases do not pay the state fee, regardless of the method of collecting payments: by filing an application for a court order to collect child support or on the basis of legal proceedings with a statement of claim.

This is stated in Part 1 of Art. 333.36 Tax Code of the Russian Federation:

• plaintiffs who defend the interests of children do not pay a fee;
• This right applies to any application protecting the rights of the child.

Important! The state duty is paid into the budget. The court obliges her to pay the other party, albeit in the amount of half the amount. This is stated in paragraph 2 of Art. 123 Code of Civil Procedure of the Russian Federation.

What are the steps to take after receiving a court order for alimony?

If the defendant has not objected to the writ of execution, in which the judge made the appropriate decision, the applicant is sent a copy of the writ. The court order for the collection of alimony comes into force, and the authority where it is submitted is the FSSP branch at the place of registration of the defendant.

The applicant also has the right to petition the court to send the document to the court service department. bailiffs, as well as use mail services or send a document electronically. This is especially true when the defendant lives in another city or us. point, and even more so, in another region of the country.

However, sending via mail in such cases is risky, as the document may be lost. But if the court does this, then these risks will be minimized.

Application for sending a court order to the FSSP

There is no special form for how to write a petition to the court to send an order to the FSSP. The applicant must be guided by the general rules for filling out such documents.

1. In the header, indicate the information to whom the application is being sent, as well as your full name and contact information.
2. In the middle, write “Petition.”
3. In the text, state the request to send the order to the bailiffs.
4. At the end, sign, indicate initials and date of completion.

General procedure for obtaining alimony by court order

If the applicant himself is in charge of obtaining the order, then he needs to take the following actions:

1. Contact the court. bailiffs at the registration address of the alimony payer.
2. Provide the specialist with the following documents:

• directly to the court. order;
• identification;
• a copy of the children’s birth document;
• information about the debtor;
• account details at the recipient's bank where the money will be transferred.

1. After checking the papers within three days, the bailiff initiates a case, according to Art. 30 of the Law on Enforcement Proceedings No. 229-FZ. You should know that the order issued will be valid until the child reaches eighteen years of age, as well as three years before its presentation. These data are contained in Art. 113 RF IC.

Is it possible to cancel a court order regarding the payment of alimony?

In a simplified consideration of the case in court, the debtor has the undeniable right to cancel the order without explaining the reason for such a decision. This is recorded in Art. 129 Code of Civil Procedure of the Russian Federation.

To do this, he should perform the following steps:

1. Within ten days after receiving the document in hand, submit objections regarding its execution.
2. If this deadline is missed, but for a good reason (for which the alimony obligee has documents confirming this fact), according to Art. 112 of the Code of Civil Procedure of the Russian Federation, the defendant may write a petition to restore the period for appeal. He then submits an objection to the execution of the judge's order.
3. Having received an objection from the alimony obligee, the court cancels its order. A corresponding notice is sent to both parties regarding this. Moreover, the applicant is advised of his right to file a claim in court to recover payments.

Objection to a court order for alimony

The law does not provide for special rules for filling out an objection. But there are general provisions for drawing up documents submitted to the court that must be adhered to. These include the following:

1. The “header” indicates the addressee of the objection, for example, “Judge of the Peace of Precinct No. 13”, the full name of the judge and your data, including the registration address.
2. In the middle it says: “Objection.”
3. Then comes the semantic text. The content varies depending on the situation. Any reason can be cited as a basis for canceling an order, for example, the existence of an agreement on alimony, financial support of a minor, challenging the fact of paternity, and so on.
4. The phrase that must be present in the text is the following: “I ask you to cancel the trial. order".
5. Finally, the date is recorded, a signature is placed and initials are indicated. 

Alimony from a “disappeared” spouse

There are cases when the ex-husband leaves in an unknown direction, and the mother does not know either his residential address or place of work. In this case, the consideration of the case has its own characteristics. Firstly, the case cannot be decided within the framework of a court order.

Therefore, the applicant will have to write a statement of claim and go through the standard procedure in court. Secondly, the application should indicate that the place of residence of the person liable for alimony is unknown to the plaintiff. In this regard, a request is made to search for him.

The child's mother should not search for her ex-husband on her own. The powers of the judge include putting the man on the wanted list, thus initiating the appropriate measures of law enforcement agencies.

Limitation periods

The child's mother or other legal representative has the right to apply at any time, for example, during divorce proceedings or long afterward. A court order can encourage a father to remember his responsibilities even years after the divorce.

If you apply to a judicial authority with this request after the child reaches 18 years of age (in this case, an adult capable child does this independently), money for alimony can be received. However, the following limitation must be taken into account: for the past time it is possible to receive only the amount that was not paid for the three previous years of application.

Conclusion

This option for receiving alimony payments is simpler and more convenient compared to legal proceedings. But due to the peculiarities of its adoption, the order is used much less frequently than a writ of execution obtained as a result of consideration of the case in the standard mode when filing a statement of claim with the court.

However, if all conditions are met, this document will save a lot of time and stress for the applicant and the debtor, allowing them to maintain a more positive relationship.

Court order for alimony

A child support order is a payment order made by the court alone, without a hearing. This is an ideal way to assign alimony payments as quickly as possible ( within five days ) and without participation in court proceedings.

Alimony under a court order can only be recovered as a share of income , and one of the main conditions for quickly receiving an order is a correctly drawn up application for its issuance . Below you can see a sample current for 2023.

It is easy for a plaintiff to obtain a restraining order, but a defendant can also quickly quash it without giving a reason. Then the applicant will have to apply for payments twice - and the second time through a full-fledged claim proceeding.

What is a child support order?

A court order for alimony is a single decision made by the court to assign funds in favor of a minor child, which does not require a hearing and is at the same time an executive document.

It is necessary to remember certain nuances of this method of collecting alimony:

1. In this case, alimony can be assigned only as a share of the defendant’s income and excludes the assignment of funds in a fixed sum of money, which means that the payer must have a stable monthly income in the form of official wages, pensions, etc. It becomes clear that when assigning for alimony, say, it will not be possible to collect payments from an unemployed or unofficially employed person in this way due to the impossibility of establishing shared withholding.
2. The applicant must provide the court with the maximum information known to him about the future payer (full name, exact address of location or residence, place of work, contacts).
3. If the assignment of funds for the maintenance of a minor is associated with the parallel establishment or contestation of paternity, the application should be made only in the manner of claim proceedings (Article 122 of the Code of Civil Procedure of the Russian Federation).
4. The future alimony payer should not have other alimony obligations : for the maintenance of children, parents, etc.
5. If the court receives objections from the defendant within ten days, the court order is canceled without clarifying the reason in accordance with Art. 129 of the Code of Civil Procedure of the Russian Federation, despite the unconditional right of the child to receive maintenance from the parent. If such a document is canceled, the court explains to the failed claimant his further right to re-apply for alimony by filing a statement of claim in accordance with Art. 80 IC RF.

Sample court order for alimony (what it looks like)

How to get a court order

In order to receive a writ of execution, which is a court order, you must apply to the magistrate's court in the following order:

1. Write a statement in accordance with Art. 122-127 of the Code of Civil Procedure of the Russian Federation on the issuance of a writ of execution (court order).
2. Send the application to the magistrate's court of alternative jurisdiction (i.e. at the place of residence of the applicant or defendant) by transferring it to:
   • to the court office;
   • by registered mail.
3. Wait for the court order to be issued:
   • or on issuing an order to allocate funds;
   • or about objections received from the defendant (in this case, the order is considered not issued, and the applicant will have to re-apply to the court with the same demand, but this time in the manner of litigation ).

The step-by-step preparation of an application for the issuance of a court order is regulated by Art. 124 Code of Civil Procedure of the Russian Federation:

1. The address part indicates:
   • name and address of the court to which the application is filed;
   • information about the claimant-applicant (full name, place of residence (location), contact telephone number);
   • similar information about the defendant.
2. Title: “Application for a court order imposing alimony for a minor child(ren).”
3. The main part states:
   • grounds for alimony (the presence of a common minor child and the absence of financial assistance for his maintenance from the second official parent);
   • requirements of the application (appointment of alimony in shares of the official income of the defendant in accordance with Article 81 of the RF IC).
4. List of attached documents:
   • a copy of the applicant's passport;
   • a copy of the child/children's birth certificate;
   • a copy of the defendant’s passport (if available);
   • documents confirming the defendant’s income (if available, for example, a certificate from the place of employment).
5. Applicant's signature and date of application.

When drawing up an application for a court order, one should rely on the family and civil procedural legislation of the Russian Federation, since the child’s right to alimony is regulated by the Family Code, and the ability to assign these payments by obtaining a court order is regulated by the Civil Procedure Code of the Russian Federation.

Sample application for the issuance of a court order for the collection of alimony

A sample application for a court order for alimony can be downloaded from the link.

To the Magistrate's Court of the Fokinsky District of Bryansk , Bryansk, st. Peschanaya, 33

Claimant: Semenova Liliya Sergeevna Bryansk, st. Leninskaya, 14-66, tel. xx-xx-xx

Debtor: Semenov Mikhail Dmitrievich Moscow, st. Mosaltseva, 167, apt. 11, tel. xx-xx-xx

Application for a court order to collect alimony