Simplified procedure for the recovery of maintenance and its significance

The recovery of maintenance implies a documentary basis — a voluntary agreement of the parties, a judicial decision or an order; the latter means a simplified procedure for obtaining, but has certain nuances.

The simplified procedure for the recovery of maintenance involves the issuance of a court order on the basis of a judge ' s decision; there is no full hearing as in an action.

A summary order is issued in accordance with article 122 of the Code of Criminal Procedure.conditions............................................................................:

• The absence of disputes between the parties on paternity and other aspects of the case requiring the involvement of the parties concerned;
• The plaintiff provides the defendant with full information on income and other aspects of the case.

In view of these factors, the court does not need a hearing; the simplified procedure for obtaining maintenance implies a reduced decision time; certain aspects should be taken into account in order to initiate the procedure.

How can child support be recovered in a simplified manner?

Child support may be recovered in a simplified manner according to the following procedure:

• to the Magistrate ' s CourtAn application for a court order shall be filed;
• 5 daysOn the basis of the information provided, a decision is made;
• The order is sent directly to the bailiff ' s office or handed over to the plaintiff.

If the order is received in person, the execution proceedings shall be initiated with the application filed with the bailiff ' s office; however, the defendant shall have the right to wait for the document to enter into force.within 10 daysTo appeal the decision.

The procedure for filing an application with a court is similar to that of a court of law, and the defendant ' s place of residence is followed, but if this is another city or region, the applicant ' s place of residence is allowed, and the application indicates that it is not possible to leave for the care of a minor child.

The conditions for the summary recovery of maintenance imply two key aspects of case management:

• Maintenance payments are payablein percentage retention onlyfrom the defendant's income — this principle is due to the absence of a case file and the decision to be made only on the basis of the income information provided;
• The person under maintenance may, within 10 days, lodge objections to the court ' s decision to recover maintenance in a summary manner.

In view of the absence of a defence line in the course of the proceedings, the defendant is entitled to object to the order in the same simplified manner; these actions do not require substantial evidence — it is sufficient to point out the points at issue or to appeal against the amount and the method of assessment within a period of 10 days.

In fact, the objections raised bring the case back to the beginning, and the plaintiff will have to apply to the court already in the course of which the points of dispute will be resolved; in view of this factor, it is recommended that a standard claim for maintenance be filed immediately; the procedure will be prolonged, but the judgement will be more difficult to appeal.

Model declaration

An application for summary recovery of maintenance shall be made in accordance with the general rules for the preparation of claims.The document contains the following information:

• The name of the judicial institution to which the application is made;
• Personal and contact information on the applicant and the responsible parent;
• Type of document;
• A brief description of the situation and circumstances of the case, the grounds for requesting a court order without standard case management;
• Calculation of the child ' s needs and documented income of the plaintiff and defendant;
• Request for summary maintenance;
• List of documents annexed to the statement and supporting the information provided;
• Date of compilation and signature of the applicant.

The list of attached documents, in addition to the standard set, includes evidence of the defendant ' s material well-being, and the claimant must provide evidence of the income of the retentionary parent in order to facilitate the recovery of maintenance.

On the basis of the figures provided, a percentage of the retention rate will be applied, and no fixed payments will be made in this course of business.

To download a sample application for a simplified procedure for the recovery of maintenance

If you have any questions, consult a lawyer.

You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):

• 8 (800) 350-83-59- All regions of the Russian Federation.

Procedure for the recovery of maintenance in 2023 — payment, judicial procedure, scheme and for the child

Maintenance is the responsibility of every citizen, and if a parent fails to comply with these requirements from the State, he may be subject to penalties.

The procedure for the recovery of maintenance in Russia in 2023 had different aspects, and without taking them into account, it would not be possible to conduct the procedure properly, and it depended both on the result of the recovery and on the speed at which all the actions were carried out.

Important information

Every citizen needs to understand that the payment of maintenance is mandatory, and in the event of a violation of the rules of payment, there may be problems with authority.

Since it is the State that will collect the arrears of payments from a person.

A parent who has custody of the child will be entitled to a number of procedures.

Main aspects

It must be understood that there are several stages of legal proceedings and enforcement is the most recent stage.

It is used only when the citizen, for no good reason, does not pay alimony.

It is necessary to take account of such matters as exemption from payment, since a parent may have reason to reduce or cancel the amount of the debt.

The penalty itself is based only on a court decision, and the document can be obtained in several court sessions.

Or if there is evidence that the citizen has no good reason to be exempt from the payment of maintenance.

Where should I go?

In order to get a maintenance fee, you have to apply to court for it, but it's important to choose the right place.

All depends on what information is available on the defendant ' s place of residence; for example, if the plaintiff knows the address of the citizen, the claim must be filed with the local court.

If such data are not available, it is possible to file an application according to the place of residence of the claimant; this is also the procedure for accepting the application.

Time frame for payment

There are two options for alimony payments:

By agreement between the parties	It is voluntary and sets out the amounts of the child ' s payment, the duration and the periodicity of the payment, and it is worth noting that it is possible to prescribe maintenance until the child ' s employment and during his or her education in an educational institution.
In accordance with a court order or decision	In this case, the reference point for payment is the time of application for alimony.

Under such rules, payments should be made, and that was the only way to receive them.

If the State had established monthly transfers for the child, the payment procedure could no longer be changed if there was a maintenance contract.

A maintenance agreement can be downloaded here.

All funds of the defendant will have to be paid only in the manner set out in the document.

Current regulatory framework

In this case, it is best to be guided by the legislative rules laid down in the Family Code of the Russian Federation.

The obligations referred to as alimony are described in section five, which is where most people need information.

Article 80, for example, stipulates that minors must be kept in detention, and their parents have the obligation to do so.

Article 82 sets out the categories of income from which mandatory retention of maintenance debts may be made.

It should be borne in mind that article 85 indicated that payments would be made even to adult children, but only if they were legally disabled.

The Federal Act No. 229-FZ of 27 December 1997 on the administration of labour is also worth examining.

Article 101 of the Act provides information on which income options cannot be used to settle arrears of payments.

Features of payment

Whoever is going to collect maintenance fees will need to understand all the features of the payment of such penalties.

Since there are mainly situations in which the decision to recover the amount in whole or in part by way of alimony occurs.

At the same time, the person who receives the judgement will have to hand over the document to either the citizen ' s workplace or the bailiffs.

It must also be understood that the payment of the debt is based on items that are convenient to the recipient.

It is possible to indicate both by post and to a bank account or card, and it is important to correctly indicate all data — so that there are no errors in translation.

Who is entitled to receive (scheme)

The point is, it's not just children who can get maintenance payments.

CThere are several categories of citizens who are eligible for this benefit:

Children ' s payments	They are received by the parent or guardian of the child with whom he or she lives.
Marital partner	When the spouse has a low income after divorce and the citizen has a high income, the wife or husband may be given alimony to support life.
Parents	The father and mother can apply for alimony on their children.
Other relatives	In case of incapacity for work, it is possible to require the maintenance of brothers and sisters, grandchildren, and inmates.

Procedure for payment and recovery of maintenance

There are several points on which payment and recovery from the non-payer is made.

First of all, it is necessary to determine the type of maintenance payment, since the decision of the court to collect the funds depends on it.

The standard option will be monthly payment, with the judgement document the citizen has to go to the defendant ' s employer.

Then you can get payments directly, but there are situations where a citizen doesn't have a permanent job.

As a result, the documents are handed over to the bailiffs, who will be responsible for collecting maintenance debts.

Judicial proceedings

When a case is heard in court, such actions will have to be taken:

1. To file a claim for maintenance with the court, and to do so immediately in the event of a divorce.
2. The necessary package is then provided.
3. Once a hearing has been scheduled and a decision on payment has been made, the defendant ' s place of work must be submitted.
4. If payments are not made, a document with a decision on payments should be transmitted to the bailiffs.

By agreement

If there is an agreement under which alimony is paid, it must be based on the points described therein.

The maintenance document must specify the rules according to which the penalty will be imposed, and may include penalties and fines.

However, it is possible to apply to the courts and to impose a penalty in accordance with the rules laid down in the contract between the spouses, but it is still possible to rely on compulsory penalties.

The size of the majesty

In this case, several points need to be taken into account: since they determine the amount of the payment:

Contribution for application to court	It's 150 rubles.
If both child support and spouse ' s benefits are claimed in the lawsuit	Payed 300 rubles of duty
There's a way to impose a state duty on the defendant.	After the court ' s decision
When applying for a divorce with a claim for alimony	The duty is 400 rubles.

But there are several points where the citizen will not have to pay the fee:

1. In the case of a claim for an increase in payments.
2. Funds are needed to pay for the expensive treatment and rehabilitation of the child.
3. If a child ' s benefit is recovered.

Simplified system

The simplified procedure for the recovery of maintenance and its importance are quite practical, and this option provides for the prompt receipt of a decision on the recovery of maintenance.

Such a document would be subject to compulsory payment, but there were nuances that should be taken into account in the document ' s presentation in this way.

The fact is that a simplified system of recovery of maintenance is a simpler option, but not all citizens can fit this option.

For the child(s)

In making this kind of allowance for children, account must be taken of the formality of the relationship.

If the relationship with the child is proven, this option can be used.

If not, only the standard procedure, which would contain a sufficient number of steps, should be used.

If maintenance is provided for an adult child, this is possible in several cases:

• Education up to the age of 23 in the day-care centre of the educational institution;
• This paragraph is set out in the maintenance agreement between the parents;
• The child is disabled and there are no other persons who could support him or her.

Maintenance of the spouse

A spouse may be kept in several cases:

• If he is unable to work;
• In the absence of family support;
• The spouse ' s salary makes it possible to make up for the lack of the second spouse ' s finances.

In this case, the review may take place in a simplified manner, but a large package of documents will still have to be collected.

List of documents to be collected

The collection of such a set of documents is necessary for the recovery of maintenance payments:

1. Passport of a citizen of the Russian Federation or birth certificate of a child.
2. The marriage document and its dissolution.
3. If there is one, the maintenance contract shall be granted.
4. A certificate showing the claimant ' s salary.

These papers must be sufficient under standard conditions, and a statement must be made to the court.

However, additional documents may be required to confirm the need for the enforcement of maintenance fees.

How to properly fill a claim (model)

The application for a change in the procedure for the recovery of maintenance can be downloaded here.

The main provisions of the document will be:

• Data on the plaintiff and the defendant;
• Grounds for payment;
• The requirement for maintenance;
• Additional documents.

However, depending on the situation, the plaintiff and the defendant change, since the means may be required for the maintenance of the parent, children and spouse.

Can they reject

It is understood that in order to satisfy a claim, the debtor must have failed to pay alimony for more than three months.

Refusal may be granted in such cases:

• Lack of long-term debt;
• A citizen does not have the opportunity to pay alimony for valid reasons;
• There is no proof of a relationship; there are no grounds for payment.

Maintenance can only be enforced through a court order, but a number of important legislative issues need to be taken into account in order to formalize it.

Video: legal procedure for the recovery of maintenance in court

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• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
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APPLICATIONS AND APPLICATIONS ROUNDLY AND WITHOUT DAYS OF EXPERIENCE.

Procedure for the recovery of child support from a non-working parent

If parents do not provide maintenance to their minor children, the funds for their maintenance (alatives) are collected from the parents in court (art. 80, para. 1, 2).

Maintenances may be recovered not only from wages but also from other income, such as pensions, scholarships, unemployment benefits and income from business activities; the list of income from which child support may be recovered is approved by the Government of the Russian Federation Decision of 18 July 1996 N 841.

A claim for maintenance from a non-working parent may be brought before a court by way of an order or action, depending on the method of recovery chosen; the method of recovery of maintenance is relevant for determining how to apply to the court.

1. Determination of the method of recovery of child support

Maintenance of minor children may be recovered on a monthly basis:

1. In terms of income (for one child, 1/4 children, for two children, 1/3 children, for three or more children, 1/2 wages or other income of the payer);
2. In a firm sum of money.

The grounds for the recovery of maintenance in a firm monetary amount are: the existence or absence of irregular, changing earnings or income, the receipt of wages or other income in kind or in foreign currency, and cases where the recovery of maintenance in proportion to earnings and (or) other income of the parent is impossible, difficult or significantly prejudicial to the interests of one of the parties.

In addition, the court shall determine the amount of the fixed maintenance on the basis of the child ' s remaining level of maintenance to the maximum extent possible, taking into account the material and family situation of the parties and other circumstances.

If the parent is not working, consideration should be given to whether he or she has a different fixed income, its size, as easily as possible.

In such cases, it is often advisable to collect maintenance in a firm amount of money or both in shares and in a firm amount of money.

I'm fine.Ordering OfficerThe proceedings (simplified and faster) deal with claims for maintenance in an income-sharing manner if they are not related to the establishment of paternity, the challenge of paternity (maternity) or the need to involve other interested persons and do not exceed 500,000 roubles (arts. 121, 122, 131 of the Criminal Code of the Russian Federation).

I'm fine.claim No.In addition, a claim for maintenance is made if, on the basis of the debtor ' s objection, the court order has been quashed (art. 129 of the Code of Criminal Procedure).

2. Preparation of the statement and necessary documents

If alimony is recovered in orderOrder proceedingsThe application shall contain the following particulars:

• The name of the vessel to which the application is made;
• F.I.O. Seeker, his place of residence;
• F.I.O. of the debtor, his place of residence, date and place of birth, place of work (if known);
• The claim of the claimant and the circumstances on which it is based;
• Documents confirming the validity of the claimant ' s claim;
• List of documents annexed to the statement.

If alimony is recovered in orderof claimsa claim for maintenance must be prepared and the application must state:

• The name of the vessel to which the application is made;
• F.I.O. of the plaintiff, his place of residence, as well as F.I.O. of the representative and his address, if the application is submitted by the representative;
• F.I.O. of the defendant, his place of residence;
• What constitutes a violation or threat of violation of the plaintiff ' s rights, legitimate interests and claims;
• The circumstances on which the claimant bases its claim and the evidence supporting these circumstances;
• The amount of maintenance recovered and its calculation;
• List of documents annexed to the statement.

The following documents should be attached to the application for a court order or statement of claim:

• Marriage registration (dissolution) certificate;
• Birth certificates for children;
• A certificate from the housing authorities of the applicant ' s children ' s dependent status;
• Other documents supporting the circumstances on which the claim for maintenance is based.

The claim is also accompanied by copies in accordance with the number of persons involved in the case and the calculation of the amount recovered (article 132 of the Code of Criminal Procedure).

There is no need to pay the Minister of State (art. 333.36, para. 2, para. 1); the State is required to pay the defendant, in a fixed amount of 150 rubles, as set out in the court order or court decision, the amount of the fee is independent of the amount of the maintenance, as well as the procedure for the recovery of the maintenance, whether it is an action or an order.

3. Submission of the application and documents to the court

As a general rule, justices of the peace hear a case for the recovery of maintenance, but if the claim contains, for example, a requirement to challenge paternity (maternity) as well as to establish paternity or the deprivation of parental rights, such a case is heard by a district court (art. 23, para. 1, art. 24 of the Criminal Code of the Russian Federation).

It should be borne in mind that if the claim for maintenance is subject to an order procedure, the action filed in violation of this procedure is returned by the court to the applicant (art. 135, para. 1.1, para.

4. Provision of a court order or order for the recovery of maintenance

If an application for a court order is filed with the court, it will be considered by the judge within five days, without trial or summons, and a copy of the court order will be sent to the debtor, who has the right to object to its execution within 10 days of receiving the order (arts. 126 and 128 of the Code of Criminal Procedure of the Russian Federation).

If a complaint is filed with the court, the persons involved in the case shall be informed of the date of the hearing; if the location of the defendant is not known, the court shall make a determination on the announcement of the defendant ' s search.

The justice of the peace must hear the case and issue a decision before the end of the month following the date of the filing of the claim, and the decision becomes enforceable within a month unless it has been appealed to the District Court.

In order to resolve a dispute, qualified legal assistance may be required; the costs of the representative ' s services may be recovered from the defendant in a written application (art. 100, para. 1, of the Code of Criminal Procedure of the Russian Federation).

5. Obtaining an executive document

A court order or a court order for the recovery of maintenance is subject to immediate execution (art. 211 of the Code of Criminal Procedure).

An executive list or a court order may be obtained on its own and presented to the organization or person who pays the debtor a pension, a scholarship and other periodic payments.

Following the commencement of the execution proceedings, the bailiff takes steps to identify the place of work, studies, the place of receipt of the pension and other income of the debtor by requesting relevant information from the territorial offices of the RPF, the employment services and the tax authorities.

If the debtor is not working but receives unemployment benefit, an executive list is sent to the employment service to retain maintenance from the unemployment benefit that the debtor receives.

If the debtor is not working or has no other income, the amount of maintenance paid is calculated by the bailiff on the basis of the average salary in the Russian Federation at the time of the collection of maintenance arrears, i.e. on the date of the bailiff ' s decision on the calculation of arrears (art. 113, para. 4, of the Criminal Code). Information on the average salary of the bailiff is requested by the territorial authorities of the Federal Public Statistics Service.

Procedure for the recovery of maintenance — detailed instruction

A substantial part of the Russian Family Code is devoted to maintenance. In 2014, the Russian courts handled 328,714 maintenance cases; these figures have only been increasing for the last three years.

General information on the recovery of maintenance

Maintenance is the means for the maintenance of minor children (art. 80, para. 2, of the Code of Criminal Procedure).

For one child, 25 per cent of the income of a parent who does not live with the child is recovered monthly; for two children, 33 per cent; and for three or more children, 50 per cent.

In addition, alimony may be recovered in a solid amount of money (i.e. a certain number of thousands of rubles per month) if the parent who is obliged to pay the alimony has a non-regular income, if he or she has a foreign currency or no income at all.

Maintenance agreement

The best, simple and peaceful option is to conclude a maintenance agreement. No court is required here. The mother and father voluntarily enter into an agreement that prescribes the amount of maintenance, the terms of payment, the procedure for payment.

This agreement must be certified by a notary (article 100 of the Code of Criminal Procedure) and the maintenance payer may not, of his or her own free will, fail to comply with the agreement, cease paying or pay less than the amount specified in the agreement.

The Family Code (art. 104) establishes different ways of paying maintenance.

This may be a percentage of the payer ' s earnings (e.g. 30% of the income), a firm sum (e.g. 15,000 roubles monthly regardless of income), an amount paid once (e.g. 1,000,000 roubles of that number and all), the provision of property (e.g. the acquisition of a computer for study, all school supplies, sports supplies) and some other way.

The agreement specifies the method of indexing the amount of maintenance (article 105 of the UK).

By agreement, you can say that it leaves parents a great deal of space for a peaceful agreement, and at the same time it does not allow a child to receive less than the legal obligation under the agreement, which requires the participation of a notary -- he compares the agreement to the standards set out in the Family Code, so that the child is not harmed.

Recovery of maintenance by court and 2 very interesting moments

Recourse to the court is the most common way to obtain maintenance payments; the right to apply to the court for maintenance payments arises if a maintenance agreement cannot be reached (article 106 of the Code of Criminal Procedure).

Interestingly, a claim for maintenance may be brought before a court, regardless of the time that has elapsed since the right to maintenance arose.

An example.The family broke up when the child was 2 years old, which means you can apply for child support at the same time, and when the child is 4 years old, 10 years old, and 16 years old.

However, the court is entitled to recover the alimony three years before the application to the court, but it requires two conditions: that the beneficiary of the maintenance tried to obtain the alimony, but the payer avoided paying it.

The court is given a very interesting right: to require the payer to pay alimony even before a court decision is rendered (article 108 of the SC).

The perfect opportunity given by procedural law is a court order.

The procedure for the recovery of maintenance makes it possible to avoid a lawsuit and a dispute in court, not even a court visit, which is a court order.

The condition under which a court may be required to issue an order is that there is no dispute, so if the alimony payer does not dispute his paternity, does not refuse to pay maintenance, agrees with the amount of maintenance to be paid... and does not pay it.

An application for a court order must not be brought before a justice of the peace (art. 123 of the Code of Criminal Procedure).

• The name of the court, FIO of the applicant (the parent with whom the child lives), the place of residence, the debtor ' s FIO, the date and place of birth, the place of residence and work, if known;
• The claim for maintenance, the circumstances on which the claim is based (the child lives with the recipient of the maintenance, the other parent has to pay maintenance, but does not pay it);
• Documents confirming the applicant ' s right (copy of the marriage certificate, the dissolution of the marriage if it has already been dissolved, a copy of the child ' s birth certificate, the child ' s residence certificate);
• List of attached documents, signature.

A court order shall be issued within five days of the receipt of the application (art. 126 of the Civil Code).

The logic of the situation is the following: the court is the place where legal disputes are resolved, and if there is no dispute, there is no point in filing a lawsuit, so there is an easier way of proceeding, an order proceeding, and the judge does not call a party to the court, there is no debate, there is no court order, and what is there to argue if there isn't a dispute?

It's important to know that a court order is really a simpler thing than a lawsuit and a dispute in court, but the application for a court order still needs to be made correctly.

With references to the Family Code, the Civil Procedure Code, and the other, the Housing Code.

Only a lawyer will help you here, and the more a court order statement is made, the more likely it will be accepted for trial.

How do you write a lawsuit, and where do you file it?

If there is any disagreement between the child's parents about the payment of maintenance, then the application for an order will be withdrawn.

A claim for maintenance is brought under the rules of articles 131 and 132 of the Civil Code.

• The "scape" of the claim shall state:The name of the court to which this claim is brought, the FIO of the plaintiff and the defendant, their place of residence.
• Next comes the descriptive part.It indicates how the child ' s rights are violated (the non-payment of maintenance is clear) and why the child has the right to receive such maintenance, all of which must be indicated by reference to articles of the Family Code.
• An expansive part.Here, the plaintiff must ask the court to recover the child ' s alimony.
• List of attached documents.This must be a copy of the defendant ' s statement of claim, a copy of the marriage or divorce certificate if the marriage is dissolved, a copy of the child ' s birth certificate, the child ' s residence certificate with the plaintiff, all of which must be attached to the claim.

It is important to know: it seems simple, but if errors are made in the filing or drafting of an action, the court may refuse to accept the claim (art. 134 of the Civil Code), return the claim to the plaintiff (art. 135 of the Civil Code), leave the claim without motion (art. 136 of the Civil Code), and an experienced lawyer will write a claim that will not only be accepted without problems but also become a powerful weapon to provide maintenance for the child.

Change in maintenance, indexation

Only those alimonys that are paid in a solid monetary amount (article 117 (1) of the UK) are indexed. Those that are paid as a percentage of earnings are not indexed.

Maintenance indices are performed by bailiffs, as well as by any organization or person to whom the executive document is sent, such as accounting in the organization where the debtor works.

But the amount of maintenance can change not only through indexation.

Article 119 of the Family Code states that if the material or family status of one of the parties has changed during the period of the recovery of maintenance, the court may change the amount of the maintenance, or exempt the payer from paying the maintenance.

Example 1.The husband and wife divorced, the child stayed with the mother, the amount of maintenance - 25%. The mother works and receives a good salary. The former spouse has set up another family where he has a child. This child is entitled to a decent security. At the ex-husband ' s request, the court may (taking into account the mother ' s good salary) reduce the amount of maintenance to, for example, 20 per cent or 15 per cent.

Example 2.The couple divorced, the child stayed with his mother, and his father runs a business and pays maintenance in a solid amount of 20,000 rubles a month, and the child is seriously ill.

Because you need treatment, and it costs money, that's first of all; and second of all, the child's mother doesn't work because she has to look after him.

Enforcement of the judgement: "Now go to the bailiffs"

Now, the court's decision to recover maintenance has been received, and the lawyers say "to get the right decision in court is 10% of the case, and the remaining 90% of the case is to enforce it."

Once the decision becomes enforceable, the plaintiff is given an executive notice; if a court order is issued, the executive notice is not issued, since the order itself has the force of the execution sheet.

The procedure for the recovery of maintenance implies that the plaintiff, who has received an executive record or a court order, gives it to the bailiff's office. Further – that is, the actual recovery of maintenance is their work.

The bailiffs, after having received an executive record, initiate execution proceedings within three days.

The service of bailiffs has the power to search for the debtor's property, to inspect financial documents and even to seize property (article 64 of FL "On execution proceedings").

The administration of the company in which the maintenance payer works is obliged, on the basis of the performance sheet, to deduct the amount of the maintenance from the payer ' s payer ' s salary and to transfer it to the recipient, as stipulated in article 109 of the Family Code.

It is important to know that there are often cases where the alimony payer does not work formally, does not have a proven source of income, does not pay maintenance, is a debt, what to do in this situation, and is responsible for not paying maintenance here (reference to the article on recovery of maintenance arrears).

Why should you go to a lawyer?

Recovery of maintenance is a whole set of actions. It begins with the collection of evidence, continues with representation in court and the receipt of an executive list, and ends with the transfer of money. You have to know exactly what to do and when to do. Only in this way can maintenance be recovered.

And besides, being in court is a lot of stress, and you need to do it right, so you better go to a professional who's gonna do the right thing, and you're gonna get rid of the stress.

• Free legal advice on the procedure for the recovery of maintenance;
• Legal assessment, search for grounds for more maintenance than is established by law;
• The conclusion of a maintenance agreement;
• Write and file an application for a court order and a statement of claim;
• :: Representation in the court for the recovery of maintenance.

And, yes, the consultation is completely free of charge and you are not obliged to do anything, and legal aid requires a lot of trust between the client and the lawyer. Be calm, no one will know what you want to hide, because Federal Act No. 152-FZ on Personal Data and Professional Legal Ethics requires it.

Recovery of maintenance, like any other court proceeding, is unpleasant, but it is necessary as a bitter medicine.

And if your children's rights are violated in life, you have to act, because the law is on your side.

Grounds and judicial proceedings for the recovery of maintenance

Strokov O. G., Timothyev A. V. Grounds and enforcement of maintenance in court / Young scientist. - 2017. - No. 51. - C. 244-247. - URL https://moluch.ru/archive/185/47453/ (Date of appeal: 13.10.2022).



In order to resolve disputes between the payer and the recipient of maintenance, the law in force provides them with extensive opportunities, but often the court ' s decision to recover maintenance and the maintenance agreement competes.

For the first time in the history of Russian legislation, a notarized agreement between the parties to the maintenance relationship on the size, order, form and timing of the payment of maintenance was given the force of the execution sheet.

However, this progressive legal institution, as well as the marriage contract, has given way to its legal provision by way of a judicial decision, for which the recipients of maintenance most prefer to apply to the court even when the payer is not in a fundamental disagreement, seeking only to secure the exercise of his rights by means of an executive notice; therefore, the maintenance agreement has not been widely circulated, even as a more flexible, practical and psychologically comfortable way of regulating maintenance obligations; this is based not only on the traditional conservatism of our society vis-à-vis modern legal opportunities, but also on the existence of a significant number of legal problems in the institution ' s maintenance agreements. [7, C.3]

Under article 106 of the Criminal Code, family members referred to in articles 80 to 99 of the Criminal Code have the right to apply to a court for maintenance only in the absence of a maintenance agreement.

In other words, the existence of a maintenance agreement is an obstacle to bringing a claim for maintenance before the court and results in a refusal to accept such a claim.

A person who wishes to initiate proceedings for the recovery of maintenance if there is a valid maintenance agreement may do so in two ways: to terminate the maintenance agreement by mutual consent of the parties or through judicial proceedings, and then to apply to the court for the recovery of maintenance; in accordance with article 151, paragraph 1, of the Code of Civil Procedure of the Russian Federation, to join two claims in one claim: termination of the agreement and recovery of maintenance [6, C. 47].

Thus, the fact that a claim for maintenance is not admissible if there is a maintenance agreement directly regulates the legislation in force.

Family law, in view of the need to ensure the free exercise of the rights of family members and the possibility of judicial protection of these rights, does not provide for a statute of limitations for claims for maintenance.

The Russian Federation ' s legislation provides for two forms of application to the court for the recovery of maintenance of the applicant ' s choice: an order procedure and an action procedure.

In the first case, the outcome of the proceedings will be a court order, a judgement handed down by the judge alone on the basis of an application for the recovery of money or for the recovery of movable property from the debtor; in the second case, the judge will issue a decision.

The main difference between an order and an action is that there is no dispute, which means that the court hears the case without calling the parties.

The time limit for issuing a court order is six times less than the time for the hearing of a claim, and the time limit for filing an application for a court order is twice as short.

If a claim is made in a case for the recovery of maintenance for minor children that is not related to the determination of paternity, the challenge of paternity (maternity) or the need to involve other persons concerned, a court order [4] shall be issued by the judicial authority.

A court order is a court order issued by a judge alone on the basis of an application for the recovery of money or for the recovery of movable property from the debtor in accordance with the requirements of the Code of Civil Procedure of the Russian Federation. The court order is, by its legal position, an executive document.

Since maintenance relations are regulated by the court in a short period of time and the amount, manner and conditions for the payment of maintenance are determined, a court order on the merits of the claim shall be issued within five days of the date on which the application for a court order is made.

However, the effectiveness and positive evaluation of the court order on the part of the maintenance payer is highly questionable: the court order may only provide for the payment of maintenance in proportion to the person ' s salary or other income (the extent of the share has been discussed above).

If the carer does not have an official salary and maintenance must be calculated in a firm amount of money, the application of a court order cannot be made against him. Maintenance in a firm amount of money can only be recovered from the carer if the claim is filed with the court.

Since the order is given without trial and the parties are called to hear their explanations, the judge shall send a copy of the order to the debtor, who shall have the right to object to its execution within ten days of receiving the order.

The judge shall set aside the order if the debtor objects to its execution within the time limit prescribed by law; in the order to set aside the order, the judge shall explain to the claimant that the claim may be brought against them in the course of the proceedings.

Article 81, paragraph 2, of the Criminal Code provides that the amount of maintenance for minor children may be reduced or increased by the court, taking into account the material or family situation of the parties and other relevant circumstances; article 108, paragraph 2, of the Criminal Code provides that the amount of maintenance to be recovered shall be determined on the basis of the material and family status of the parties.

The imposition of maintenance in the order proceedings does not establish the effective material and family status of the alimony payer, nor other relevant circumstances, since the defendant is not expected to appear before the court, which threatens the rights and legitimate interests not only of the alimony payer but also of the recipient, as well as the incorrect determination of the amount to be paid.

An action is brought if: the person under obligation does not comply with the claimed claim for maintenance by the applicant; there is a dispute over the right that cannot be resolved on the basis of the documents submitted; the claimant ' s claim for maintenance is related to the determination of paternity; the question of whether to increase or reduce the amount of maintenance to be recovered is to be decided; the issue of the recovery of maintenance in a firm amount of money is to be decided, which is not to be resolved through the order proceedings; the maintenance of adult children who are unable to work is to be recovered; the claim for maintenance is to be filed at the same time as the dissolution of the marriage, deprivation of parental rights; the maintenance agreement is to be declared null and void or to be dissolved or amended.

The claim for maintenance must meet the requirements of article 131 of the Code of Civil Procedure, which exempts the complainant from the payment of the State duty; this duty is incumbent on the defendant; after verifying that the claim is in conformity with all the requirements, the judge shall accept the claim and decide on the institution of civil proceedings.

The law provides for the possibility of recovery of maintenance pending the resolution of the dispute by the court (art. 108 of the Code of Criminal Procedure). In the case concerning the recovery of maintenance, the court is entitled to order the recovery of maintenance before the court ' s decision on the recovery of maintenance becomes enforceable.

In the event of the recovery of maintenance for minor children, in particular, before the court decides on the recovery of maintenance.

The possibility of recovery of maintenance until the dispute is resolved by the court is primarily aimed at protecting the beneficiary of maintenance and ensuring respect for his rights, legitimate interests and the maintenance of normal existence in a situation where, for whatever reason, the proceedings are prolonged and the person in need is unable to obtain timely financial support. If the proceedings for the dissolution of the marriage are postponed and the minor children are awarded maintenance in connection with the setting of a time limit for the reconciliation of the spouses, the court must determine whether the defendant is involved in the maintenance of the children. If the court finds that the defendant has evaded the maintenance of the children, the court may order the recovery of maintenance from the defendant prior to the final review of the divorce and the recovery of maintenance [5].

Only minor children may be recovered before a court decision is handed down, since the amount of maintenance ordered for minors is set out in article 81 of the Code of Criminal Procedure.

In view of the fact that it is not possible to determine the amount of maintenance to be paid to other family members before a court decision is taken, the court is entitled to order the recovery of maintenance in respect of other family members after the court ' s decision has been taken, but before the court ' s decision comes into force.

The enforcement of the requirements of the claimant and the debtor ' s obligations under maintenance obligations is an integral part of the protection of violated rights, freedoms and legitimate interests of persons who are the subjects of maintenance and consists in the initiation of enforcement proceedings.

The basis for the commencement of enforcement proceedings on maintenance is an enforceable decision of a court or other authority which, according to law, is enforceable under the rules of the enforcement proceedings, as well as the expiry of the statutory time limit for voluntary execution.

After analysing the general rules of the claim and order proceedings for the recovery of maintenance, the authors concluded that the order proceedings for the recovery of maintenance cases were more common than the proceedings for the recovery of maintenance.

It is likely that this can be explained by the fact that the court order is characterized by such positive aspects as rapid resolution of the problem and promptness.

At the same time, the amount of maintenance to be recovered by a court order may only be determined in proportion to the income of the alimonyer, which creates additional difficulties for the alimony recipient if the amount of the income of the person liable has been changed.

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