Cancellation of a court order for the collection of alimony, a sample application for the cancellation of a court order for the collection of alimony 2023

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Modern legislation allows a needy family member to receive alimony both voluntarily and compulsorily. In the latter case, to recover payments, you can go to court, as a result of which a court order is issued. The procedure is simple: the parties do not even need to come to court, and there is no hearing at all.

However, it should be remembered that the cancellation of a court order for the collection of alimony is also easy to implement. Let's look at it in more detail.

The concept of alimony collection

As you know, alimony is money paid to disabled family members. We are accustomed to the fact that, as a rule, the father pays them for the maintenance of his minor children. In fact, they can be collected from any parent who lives separately. That is, the mother can also act as an obligated person.

In addition to child support, there are also payments for the maintenance of a spouse (including an ex) or other disabled family member. To understand who can apply for this type of financial assistance and in what cases, read about when alimony can be collected.

The procedure for collecting funds and the question of how to revoke alimony from bailiffs is regulated by the Civil Procedure Code of the Russian Federation, since such cases are considered within the framework of civil proceedings, as well as by Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”.

Cases of refusal of alimony

Despite the legal right to receive child support, one of the parents sometimes refuses to do so for various reasons. Sometimes this happens for personal reasons, but more often there are legal grounds for refusal. So, it is necessary to revoke child support for the following reasons:

• the child moves to permanent residence with the parent who previously made payments;
• the minor is adopted by another person;
• it has been established that there is no relationship between the child and the parent paying child support;
• the payer is deprived of parental rights;
• there is no longer a need for financial assistance (for example, the child got a job and began to earn money on his own).

As a rule, only the court can cancel payments. The exception is cases when an alimony agreement has been concluded between spouses. In addition, payments stop automatically when the child reaches the age of majority.

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Possibility to withdraw alimony application

It often happens that the parent who applied for child support decides to take it away. In this regard, the question arises: is it possible to withdraw an application for alimony and at what stage is it better to do this.

The registration procedure will depend on the time when you decided to cancel, as well as on the fact whether both parties agree with this decision or not. The initiator can be either the recipient of alimony or the payer.

Cancellation of payments before going to court

The simplest option is to cancel payments before going to court. The easiest way to do this is by concluding an alimony agreement. In this case, the other parent must be able to provide for the child independently.

Cancellation of payments during trial

Before withdrawing an application for alimony, it is necessary to collect evidence for the court that such a decision will not harm the legitimate interests of the child.

Since this type of case is often considered under an accelerated procedure (within 5 days) and without the presence of the parties, it can be difficult to refuse payments during the process itself; more often people are faced with the need to cancel a ready-made court order.

Cancellation of payments after the adoption of a court order

When there is already a court decision on the payment of alimony or they are being collected through a lawsuit, then the issue will need to be resolved with the bailiff.

Procedure for registering a waiver of alimony

If the parents nevertheless agree that alimony should be refused for one reason or another, this can be done in two ways:

• by oral agreement;
• through an alimony agreement.

Features of an oral agreement

If both parties agree, then alimony can be agreed upon verbally.

However, it is worth understanding that there are certain risks: if the other party nevertheless changes his mind and goes to court, it is almost impossible to prove an oral agreement. It follows from this that an oral agreement does not carry legal force and is not a guarantee of avoiding further litigation regarding alimony responsibilities.

Refusal of payments using an alimony agreement

The procedure for concluding an alimony agreement on refusal of payments will be exactly the same as when assigning them. The agreement must be drawn up in writing and certified by a notary.

The notary will only certify a document that does not violate or infringe on the rights of the child.

For example, as evidence you can bring a document confirming a one-time payment from the father for the child in a large amount.

Refusal to pay in the manner of claim proceedings

If there is no consent from the second parent, a waiver of alimony can be issued through the court through a lawsuit. The same applies to cases where there is already a court order. To do this, it will be necessary to confirm the following facts in court:

• the child no longer needs the father’s financial assistance, since he has moved to live with him;
• the recipient can confirm his financial solvency and ability to support a child;
• the claimant has no right to payments because he is deprived of parental rights, performs his duties in bad faith, leads an immoral lifestyle, and so on.

As a rule, an application with the provided evidence is submitted to the court that issued the order or to the bailiff service (when filing an application to revoke the writ of execution).

List of required documents

The following documents (and their copies) are submitted along with the application:

• passports of spouses;
• Marriage certificate;
• divorce certificate (if available);
• child's birth certificate;
• available evidence in the case (certificate of income and cohabitation of parent and child, checks, receipts, etc.).

Statement of claim for cancellation of a court order for the collection of alimony

An application to cancel a court order for alimony must contain the following information:

• name of the court;
• information about the applicant;
• circumstances justifying the reason for filing the application;
• the date the defendant received the court order;
• objections and grounds for its cancellation;
• documents confirming the arguments presented;
• requirements of the person submitting the application.

The application is personally signed by the claimant or his representative, whose authority must be confirmed by a notarized power of attorney. To avoid errors when filling out, read the sample application for cancellation of a court order for the collection of alimony.

View document

In accordance with the Civil Procedure Code of the Russian Federation, an objection to a court order for the collection of alimony can be filed by the second party within 10 days.

Regardless of what objections the person presents, the order will be canceled by the court, since its issuance presupposes the absence of a dispute between the parties.

In this case, the case will be considered in the order of claim proceedings, and not by order.

Procedure for calculating the ten-day period

It is very difficult to name the exact date of entry into force of the order, since the countdown of the period for filing objections begins from the day when the order was handed over to the obligated person against signature. In this case, the court must receive a corresponding notification. If no objections are received within these 10 days, the document is sent to the bailiff service for execution.

At the same time, alimony begins to be collected from the moment the court makes a decision, and not from the moment the enforcement proceedings are opened. This is due to the fact that alimony obligations are subject to immediate execution by law.

In addition, the responsible person is also charged a state fee for the legal process.

Renewal of a missed deadline for filing objections

Despite the fact that 10 days would seem to be a sufficient period for filing objections, in practice people often skip it. What to do in this case? According to the Code of Civil Procedure of the Russian Federation, this period can be restored. The main requirement for this is the presence of compelling reasons due to which the person did not go to court on time.

Thus, you can submit an application to the magistrate who issued the order, indicating good reasons in the following cases:

• the person was seriously ill;
• traveled outside the city or country at this time;
• did not receive the order at all (for example, the letter was sent to the wrong address and was returned to the court);
• the order was received by other people (relative, neighbor) instead of the addressee.

In each specific case, the court will take into account all the evidence and decide whether to restore the deadline for filing objections or not. In this case, the period when a person received an order and, without good reason, did not go to court within 10 days, cannot be restored.

Legal consequences of refusing alimony

When refusing alimony, it is worth understanding that the cancellation of a court order for alimony entails certain legal consequences.

In the event that the court makes a decision to cancel the court order, it is sent to the parties within three days, as well as bailiffs if the documents have already been transferred for execution.

The main point that interests people in this case is the possibility of re-filing a claim.

Resubmitting an application after a refusal

There are situations in life when a woman refused alimony for some reason, and then circumstances changed, and she again wants to exercise this right. Is this possible?

You can always apply for alimony if there are legal grounds for doing so.

When re-applying for alimony, the case will be considered in the order of claim rather than writ proceedings.

In this case, it will be necessary to submit along with all the documents confirmation that an application was previously submitted for the issuance of an order, which was subsequently cancelled.

Such a decision does not exclude the conclusion of a child support agreement in the future. Read in more detail about how to re-apply for alimony.

conclusions

Thus, we see that a court order for alimony can be canceled at the initiative of any of the parties. However, desire alone is not enough to stop such payments. It is necessary to prove to the court that there are legal grounds for this. If the child’s mother applies, she must prove her financial ability to support him.

In each specific case, the court takes into account all the circumstances of the case and makes a decision individually. But, despite this, the law is always on the side of the minor and makes sure that his rights and legitimate interests are not infringed. In addition, the cancellation of a court order is not a basis for refusing to consider the issue of alimony again.

How to cancel a court order: Video

How to cancel a court order for alimony: grounds for cancellation

One of the common and legal ways to forcefully collect money for the maintenance of a minor is to apply to the court with a request to issue an order for the collection of alimony.

It's fast and quite simple. The parties are not summoned to the process; the order has the force of a writ of execution. There is one drawback: canceling a court order for the collection of alimony is also a fairly simple procedure in terms of implementation.

Let's consider its features.

When can I cancel an order?

The Civil Procedure Code of the Russian Federation establishes that an application to cancel a court order for the collection of alimony can be filed within 10 days of the date of its delivery to the debtor.

That is, it is impossible to accurately answer the question of when the order will come into force. For example, if the claimant lives in Moscow, and the debtor lives in Vladivostok, then the alimony order will obviously take a very long time to arrive by mail. By the time it takes for the document to arrive from the capital of Russia to the largest port city, you will need to add another 10 days, and only then transfer the order to the bailiffs for execution.

Alimony, according to the same Code of Civil Procedure of the Russian Federation, is collected, however, not from the moment the payer receives a court order, but from the moment the application is submitted to the court.

What to do if the alimony debtor refuses to receive correspondence? The Civil Code comes to the rescue, which has the following rule: if any legally significant message is sent to the person’s permanent residence address, but he does not receive the correspondence for some reason, then we can assume that he was properly notified of the contents of the message way.

Examples:

1. The court order against the child's father was sent to his registered address. The man received a notification that some papers from the court had arrived in his name, but did not receive the letter itself. The court, after waiting 10 days, sent the writ of execution to the bailiffs so that they could begin forced collection. The alimony holder filed an application with a request to cancel the court order for the collection of alimony, believing that he had not missed the deadline established by law. The court, citing the norms of the Civil Code of the Russian Federation, refused to satisfy the request.
2. There is another practice. Employees of the Russian Post are often to blame for the fact that correspondence does not reach the addressee. An absolutely real case: the conditions are the same as in example No. 1, but with some nuances. Namely: the alimony payer lived in a rural area, the notice, like the letter, was brought to his home, but he was at work at that time. The postman did not bother himself again with a visit to the addressee. To cancel the court order in the described case, it was necessary to prove in court that although the document was sent to his residence address, it was not delivered to him. Fortunately, the postman admitted his guilt. And the head of the post office prepared written explanations on this matter for the court.

Grounds for cancellation

It is curious and surprising, but the order can be canceled for any reason. It is enough for the debtor to write in his objections only that he does not agree with the issuance of the judicial act, and wants the case to be considered in a lawsuit.

There is no set application form. If the potential payer of the funds is very far from jurisprudence, then a sample application for the cancellation of a court order for the collection of alimony can be searched on the Internet.

It is advisable to write something more or less intelligible in it. For example, refer to the fact that the claimant’s demands are too high.

The document form can be seen in the reception area or in the court office; at least, samples of procedural documents should be present in the court premises.

When writing objections, special attention should be paid to when the document was prepared, when it was sent to the debtor and when it was received by him.

By the way, if the deadline for filing objections aimed at canceling a judicial act has been missed, then, under certain conditions, it can be restored. But you need to prove that the deadline was justified. One example where the reason is valid is given above. Others can be cited.

For example, during the judicial collection of alimony, the debtor was in intensive care after an accident. Is it possible to cancel the order in this case if 10 days have already passed. It seems so. The person's health was so severe that he:

• firstly, he did not know that there was a writ of execution against him;
• secondly, he could not entrust the resolution of the issue to any of his representatives.

How to cancel?

How to revoke a child support order? It's quite simple. Need to:

1. prepare an application with a request to cancel the order - objections and the court decision on the alimony issue;
2. if 10 days have passed since the receipt of the judicial act, then you also need to prepare a petition to restore the deadline for filing objections;
3. These documents, together with evidence confirming the existence of valid reasons for filing objections late - if necessary, must be submitted to the court that issued the order.

The court reviews the submitted documents and, if it sees that there is a dispute about the law, issues a ruling to cancel the order. The canceled order, accordingly, is not subject to execution.

What happens next

The collection of alimony after the procedure for canceling the court order occurs through the procedure of claim proceedings. That is:

• the child's mother needs to file a lawsuit to obtain a court decision in her favor;
• the parties are summoned to court to justify their positions, the whole process no longer takes place in a truncated form;
• Based on the court decision to collect alimony, a writ of execution is issued.

A claim to cancel the decision cannot be filed. How to cancel a court decision? To do this, you will need to file an appeal within a period not exceeding 1 month. It will be considered by a higher judicial authority.

In what order is it better to collect money?

Which document is better to go to court with: an application for the preparation of an order or a statement of claim for the collection of alimony? There is no clear answer to this question.

On the one hand, the first of these orders can achieve the desired result faster.

On the other hand, a revoked order entails the need to file a lawsuit in court.

Thus, you can lose some time. It may be better to file a claim right away than to wait until the payer of the funds is told how to cancel the court order, and then also “fight” in court.

In financial terms, there are no costs. Since the plaintiff is exempt from paying the state duty for this category of cases. After all, he protects the interests of the minor.

How to overshadow a court order? Sample application for cancellation of a court order in Ukraine

For reference:

A writ is a special form of court decision. Writ proceedings are considered in a simplified manner.

• A court order can be issued if:
  1) a demand is made for the recovery of the amount of wages and average earnings accrued but not paid to the employee during the delay in payment;
  2) a claim has been made for compensation for the costs of searching for the defendant, debtor, child or debtor’s vehicles;
  3) a demand has been submitted for the collection of debt for payment of housing and communal services, telecommunications services, television and radio broadcasting services, taking into account the inflation index and 3 percent per annum accrued by the applicant on the amount of the debt;
  4) a demand has been made for the collection of alimony in the amount of one quarter for one child, one third for two children, half of the earnings (income) of the alimony payer for three or more children, but not more than ten subsistence minimums for a child of the appropriate age for each child , if this requirement is not related to establishing or challenging paternity (maternity) and the need to involve other interested parties;
  5) a demand has been made for the collection of child support in a fixed amount of money in the amount of 50 percent of the subsistence level for a child of the appropriate age, if this requirement is not related to establishing or challenging paternity (maternity) and the need to involve other interested parties;
  6) a demand has been made for the return of the cost of goods of inadequate quality, if there is a court decision that has entered into legal force establishing the fact of the sale of goods of inadequate quality, adopted in favor of an indefinite number of consumers;
  7) a claim has been made to a legal entity or individual entrepreneur for the collection of debt under an agreement (other than for the provision of housing and communal services, telecommunications services, television and radio broadcasting services), concluded in written (including electronic) form, if the amount requirements do not exceed one hundred times the subsistence minimum for able-bodied persons.
• The court considers the application for the issuance of a court order within five days from the date of receipt, and if the debtor in the application for the issuance of a court order indicates an individual who does not have the status of an entrepreneur - within five days from the date of receipt by the court in the manner prescribed by parts five and six Article 165 of the Code of Civil Procedure of Ukraine, information about the place of residence (stay) of the individual debtor registered in accordance with the procedure established by law.
• The consideration is carried out without a court hearing and without notification to the applicant and the debtor.
• A court order cannot be appealed, but can be cancelled.
• After issuing a court order, the court no later than the next day sends a copy (text) containing information about the web address of such a decision in the Unified State Register of Court Decisions to the debtor to his official email address or by registered mail with return receipt requested, by a valuable letter with an inventory attachments if the debtor does not have an official email address.
• Simultaneously with a copy of the court order, the debtor is sent a copy of the claimant's application for the issuance of a court order along with the documents attached to it.
• How to cancel a court order. Form and content of an application to cancel a court order and deadlines for filing it
• An application to cancel a court order is submitted to the court in writing.
• The debtor has the right , within fifteen days from the date of delivery of a copy of the court order and the documents attached to it, to file an application for its cancellation with the court.
• A court order for alimony (for the collection of alimony) cannot be canceled or appealed.
• However, if a court order is issued to collect alimony in part from earnings, the debtor has the right to apply to the court to reduce the amount of alimony.
• In addition, if a court order is issued to collect alimony, the court order may be revised due to newly discovered circumstances (for example, if it is determined by a court decision that the debtor is not the father of the child).
• The application to cancel a court order must indicate:
  1) the name of the court to which the application is submitted;
  2) full name (for legal entities) or name (last name, first name and patronymic) (for individuals) of the applicant and debtor, their location (for legal entities) or place of residence, identification code of the legal entity in the Unified State Register of Enterprises and Organizations of Ukraine the applicant and the debtor, the registration number of the taxpayer's registration card of the applicant and the debtor (for individuals) if available, or the number and series of the passport of the applicant and the debtor for individuals - citizens of Ukraine;
  3) the name (last name, first name and patronymic) of the debtor’s representative, if the application is submitted by a representative, his place of residence or location;
  4) an indication of the complete or partial unfoundedness of the claimant’s claims.

The following must be attached to the application to cancel the court order:
1) a document confirming payment of the court fee. In 2018, the court fee for filing an application to the court to cancel a court order is UAH 88.10.
2) a copy of the court order that is being disputed.

The application to cancel the court order is submitted to the judge no later than the next day.

It should be borne in mind that the debtor's application for cancellation of the court order, filed after the expiration of the period, is returned if the court, at the request of the person who filed it, does not find grounds for renewing the period for filing this application.

Thus. if the deadline is missed, then the court order can be canceled only if the court restores the deadline for filing the application.

If there are no grounds for returning the application to cancel the court order, the judge, no later than two days after its submission, issues a ruling to cancel the court order, in which he explains to the applicant (claimant) his right to apply to the court with the same demands in a simplified claim procedure. In the decision to cancel the court order, the court, at the request of the debtor, decides on the issue of reversing the execution of the court order in the manner established by Article 444 of the Civil Procedure Code.

You can download the “Zrazok report about the execution of the ship’s order” from the link .

How to cancel a court order for alimony: sample application

Every parent has one strict duty - the maintenance and upbringing of their child. This norm is enshrined at the legislative level and is contained in the Family Code of the Russian Federation. Even if the spouses are divorced, they are required to provide financial support.

If someone evades payments, the funds are recovered through legal action. However, there are situations where an order can be canceled. In this article we will consider the question of how to cancel a court order for the collection of alimony.  

Methods of conducting litigation

The father and mother of the child, who due to certain circumstances were unable to come to a common decision regarding the maintenance of the child, have the right to resolve this issue with the help of the court. Now family law provides for a couple of ways to conduct legal proceedings:         

• order;
• claim procedure.

The claim method involves the mandatory filing of a claim, followed by litigation involving the parties.

As for the order procedure, it looks much simpler, thanks to which most citizens prefer to go to court not with a claim, but with an application for issuing a court order for alimony.

After submitting such a paper, 5 days pass and the person already has an order to pay the funds. 

However, even writ proceedings have some disadvantages. Thus, at the legislative level there are certain situations when it can be used. Also, if the alimony obligee files an objection, the order may well be cancelled, since writ proceedings, in principle, do not provide for the existence of controversial issues between the parties.  

Is it possible to cancel a court order?

Many people have a completely logical question: is it possible to cancel a child support order. Let's try to understand this issue.  

Let's imagine that the child's mother decides to apply for a child support order. It takes 5 days for the specified requirement to be considered and a decision made. At the same time, it is worth considering that neither the mother nor the father is called to the court hearing. The judge considers all issues personally and makes a decision.

Having received an order to pay money, a person has the right to object; he has 10 days to do so. If you do not miss this deadline and apply to the judicial authority on time, there is every chance of the court order being cancelled.  

Is it possible to cancel a child support order? 

To cancel an order for the collection of alimony, a number of mandatory conditions must be met, in particular: 

• do not miss the deadline for filing an objection, namely 10 days;
• properly write and submit to the court an application to cancel the order for the collection of alimony. 

If everything is done correctly, you will receive a court order, which you must hand over to the bailiff service to file a paper demanding that the enforcement proceedings be terminated so that the collection of alimony payments can be legally completed. As a result, the collection of alimony after the cancellation of the court order ceases.  

How to competently write an application to cancel a court order

At the official level, there is no clear sample application for the cancellation of a child support order. However, there are certain conditions enshrined at the legislative level that apply to all procedural papers. Thus, the application must contain the following information:  

1. At the very top, in the “header” of the paper, you must indicate the name of the court, as well as the details of the judge.
2. All information about the applicant.
3. The text of the statement is a justified reason why there was a need to cancel the court order. 
4. Request to cancel the order to pay money for the child. 
5. Date of.
6. Signature. 

A sample application to cancel a court order for alimony can be downloaded here

Attention! If child support payments were received by going to court through a lawsuit, they can only be canceled by filing a lawsuit in court. In the event that payments have already been accrued, the obligation for them is also disputed, only through legal proceedings.

An example application can be found below.

Required documents for application 

Judicial practice, based on the number of orders that have been annulled, shows that the success of a case mainly depends on how well the person prepares for the case. So, if a good evidence base is selected, a positive outcome can be counted on with a high probability.  

Documents that need to be collected to cancel a child support order: 

1. Copy of the passport.
2. A copy of the application.
3. The envelope in which the court order arrived.
4. Documents that prove insolvency.
   a copy of the court decision to cancel the fact of paternity.
5. Loan agreement.

Time limit within which you can appeal a court order 

Cancellation of a court order for the collection of alimony that has entered into legal force is carried out provided that the person does not miss the deadline allotted for this and writes an objection in which he indicates that he wishes to cancel a certain order. The period for appeal is 10 days.  

So, based on Art. 130 of the Civil Procedure Code of the Russian Federation, if the claimant has not appealed the order within 10 days, the paper is sent to the bailiff, who begins to execute it.  

From what date should the 10 days start counting for filing objections? 

No one knows exactly what date the order will come into force, at least until the moment when the envelope is returned to the court. Therefore, the countdown of the date for filing objections must begin from the moment the addressee receives the papers. The person must sign the receipt documents.  

However, there are a lot of controversial situations and, as a result, questions on this matter, so we bring to your attention several possible options for the development of events. 

First option 

• The person received the court order by signing the necessary documents, but did not file an objection within the 10-day period. After some time, the person decided that it was still worth expressing disagreement.

In such a case, the deadline is missed without a valid reason, so the request will be denied. 

Second option 

• The person received the order, but did not provide an objection within the prescribed period for a valid reason (for example, such a reason could be the person’s illness). 

The filing deadline was missed, however, this happened for a good reason, so the person will have the opportunity to draw up an objection in which it is necessary to outline the situation that has arisen.

Also, in such a case, it is necessary to attach to the paper a document proving that a certain situation occurred (for example, a certificate or any other document from a medical institution). 

Third option 

• The person did not receive the order and learned about its issuance only from the bailiff. 

The current legislation enshrines a rule that indicates that the order is sent to the addressee using a registered letter with notification by mail. This means that the process of sending and delivering official paper must follow a certain algorithm, namely:  

1. The judicial officer sends the paper using registered mail with notification. So, the person must personally pack all the necessary papers and take them to the post office, duly registering the shipment.  
2. The postman must carry and put in the addressee's mailbox a notice that a registered letter has arrived in his name. 
3. The addressee, having read the notice, goes to the post office to pick up the letter, where he receives it personally and signs for receipt. 

Fourth option 

• The person did not personally receive the document, since someone else did it for him. 

In this case, it would be appropriate to take the actions described in the second case. Additionally, you will need to attach a copy of your passport to your objection.  

Missing the deadline for filing an objection 

Quite often, citizens miss the time to submit an application to cancel a court order, which is no wonder, since 10 days is a rather short period of time. In this regard, in practice, the question of extending the period arises, which is decided by the court. In this case, certain circumstances must be taken into account.  

We offer you several similar cases, as well as options for resolving them. 

1. The person receives the document, signs the necessary papers, however, raises objections after 10 days. 

In this case, it is impossible to extend the period due to the lack of a valid reason.

1. The person received the paper, however, for good reason, he could not submit his objections. A valid reason may be the citizen’s absence from the city or a long-term illness.

As previously stated, the presence of good cause is a legal basis for an extension of time. To do this, a person submits an application specifying several requirements. In particular: on the restoration of the deadline for filing an objection to the court order and on the cancellation of the court order. In this case, it is necessary to bring all the evidence that would confirm certain valid reasons.  

1. The person did not receive the order, and in the meantime the bailiffs had already opened enforcement proceedings and notified him about it. 

According to the established procedure, the order is sent to the addressee by registered mail with notification. 

It happens that the recipient’s address is indicated incorrectly, and therefore the order simply does not reach the person. By the way, in such a case, the letter is returned to the judicial authority. Then the established period for appealing the order will be calculated from the moment the court received it back.  

Important! We are talking about receiving an order from the court, not from the bailiffs. In this case, the fact that the document has already been received by the bailiff service and enforcement proceedings have begun does not matter at all.

1. The court order was obtained by a third party. So, these can be completely different people: a neighbor, a relative, etc.  

In such a situation, it is necessary to take similar actions as in the previous one, namely: come to the judicial authority, show your passport and draw up a statement outlining the circumstances. 

Article 112 of the Code of Civil Procedure (reinstatement of a missed deadline) 

Article 112 of the country's Civil Procedure Code contains a rule allowing a person who has missed the deadline for filing objections to reinstate it. 

To do this, the citizen goes to court with a document drawn up in advance, in which he asks to restore the term. The paper must indicate the reason why this requirement is stated with a description of all the circumstances that took place in the person’s life.

The court considers the application and ultimately issues a ruling that either satisfies the applicant’s request or denies it. Copies of the official paper must also be sent to both parties for review.  

Legal consequences of canceling a court order 

If the court takes into consideration the payer’s application and also makes a decision in his favor, issuing a ruling to cancel the court order, the paper is sent to both parties and the bailiffs within 3 days. 

When the court makes a decision, it must certainly explain that it has the right to apply for the recovery of monetary payments again, only this time in the manner of claim proceedings. 

Important! In the statement of claim, there is the possibility of a request for the recovery of alimony not from the period when the claim was filed, but from the time when the appeal to the judicial authority took place for the first time.

In such a situation, in addition to documents, the plaintiff must collect and attach to the application papers that would prove the fact of filing a request for the issuance of an order and its cancellation.

Application for cancellation of a court order

Application for cancellation of a court order - download sample

How to write objections to a court order so that it is canceled? What reasons for cancellation should be written in the application? How to correctly draw up and submit an application to the court to cancel a court order? Does it always make sense to file objections?

A court order is used very often in judicial practice. Justices of the peace issue orders on claims for debt collection on credits, loans and utility bills, and court orders on alimony and wages. The main feature of a court order is that it is issued without summons to court, only on the basis of an application and documents submitted to it.

Note!

What is a court order?

Deadline for filing objections to a court order

Since the court order is issued without notifying the parties, a copy of it is sent to the debtor’s place of residence. After receiving a copy of the order, a citizen has the right to file objections to the court order according to the provided sample. A statement of disagreement with a court order is submitted to the same magistrate who issued the court order.  

A court order is canceled if the magistrate receives objections to its execution or an application for cancellation. In this case, you must meet the established deadlines for filing objections, which are 10 days from the date of receipt of a copy of the order. The 10-day period is established by Article 128 of the Code of Civil Procedure of the Russian Federation.

It is important!

An application to cancel a court order must be submitted within 10 days

The Code of Administrative Proceedings establishes a different filing deadline - 20 days from the date of sending a copy of the court order (Article 123.5 of the CAS RF). 

The deadline for filing objections regarding the execution of a court order is indicated by the magistrate in the order itself. 

Missing the deadline for filing objections

If the established deadline for filing objections is missed, the magistrate will not consider the received objections. In this case, the debtor's application is returned to him without consideration.  

The court will consider this period from the moment when the receipt is signed in the postal notification or a receipt is given in court. If you miss a deadline, which is best avoided, it is necessary to resolve the issue of restoring the deadline.

How to write an application to cancel a court order

In an application to cancel a court order, the applicant is not required to provide reasons for its cancellation or reasons why he does not agree with the order.

In this case, the very fact of filing the application and the presence in it of the wording required by law will be decisive for the cancellation of the court order.

According to Article 129 of the Code of Civil Procedure of the Russian Federation, in order to cancel a court order, the court must receive an objection regarding the execution of the court order. When submitting such an application, no state fee is paid.

After receiving objections, the magistrate, without calling the parties, issues a ruling to cancel the court order. The definition clarifies the right to bring a claim in the general manner. The ruling to cancel a court order is not subject to appeal.

Sample application for cancellation of a court order

To the magistrate of court district No. ____ for the city (district)_______ Debtor: _____________________ (full name, address) Claimant: ___________________

(full name, address)

How to cancel a child support order: terms, reasons and procedure for filing objections

In most cases, if alimony for a child or in favor of a spouse (parents) is not paid voluntarily, then the issue of collecting it is resolved in court.

Sometimes it is enough for bailiffs to have a court order. However, if the debtor is not satisfied with its contents, then an application is submitted to cancel the court order for the collection of alimony.

Indeed, the issue of alimony is included in the list of cases that can be considered within the scope of writ proceedings. However, there are several nuances that need to be taken into account by both the recipient and the debtor equally.

It does not matter on what requirements it was made. Including, it is possible to cancel the court order for alimony.

If this happens, the obligation to pay will not disappear. It’s just that in relation to alimony, a claim will most likely follow. In this case, alimony will be collected on the basis of a writ of execution.

In order for an appeal of an alimony order to go through the entire prescribed procedure, you need to remember several rules.

First of all, the objection to the magistrates' court must be filed within the prescribed time frame. They are 10 days, but can be extended (this will be discussed below).

It is also important to prepare evidence to support your own position. Their number and composition are not regulated by law.

Regarding alimony, you can attach your own calculation of the amounts that must be paid in favor of the recipient.

Note! When submitting an application to the magistrate's court to cancel the court order for state alimony. no duty is paid and no additional costs are incurred.

Cancellation of a court order for the collection of alimony: grounds for filing objections

If we analyze the legislation and existing judicial practice, we can identify the following grounds for canceling a court order for the collection of alimony.

First of all, this is their award in a fixed amount. Practice shows that in the framework of writ proceedings, alimony is awarded as a percentage of the total income received by the citizen every month.

At the same time, the amount of deductions directly depends on how many children need financial support.

There are also quite rare grounds for revising documents adopted as a result of writ proceedings.

For example, the child has reached adulthood or has been adopted. The legislation connects the termination of the obligation to pay alimony with these facts.

An objection to a court order for alimony may contain the following reasons::

• loss of ability to work by the payer (injury, serious illness, disability);
• difficult financial situation (father lost his job or was transferred to a low-paid position, high rent for housing);
• the child reaches adulthood;
• the payer still has minor children who are dependent on him;
• the recipient of alimony has a reputation as an unscrupulous person (uses “children’s” money for his own needs, does not properly fulfill the duties of a parent);
• there are doubts regarding the relationship of the minor and the payer, requiring a genetic examination.

It is also possible to challenge a court order for alimony on other grounds. A lawyer can suggest them after studying all the available information. We recommend not to delay resolving this issue.

If the deadline for appealing a court order for alimony is missed

There are all sorts of situations in life. At the same time, there is always an option to resolve the issue regarding the timing of appealing a court order.

For example, a man learns that there is an order for alimony when a writ of execution arrives at his work and the accounting department begins to make periodic monthly deductions. Then the natural question will be how to cancel a child support order if 10 days have passed?

Everything here is extremely simple. It is necessary, along with the objection to cancel the alimony order, to send to the court a petition to restore the time for appeal.

It must indicate that the citizen did not know about the court order, the mail did not deliver it to him. You can also give other valid reasons.

You can ask to restore the deadline directly in the application to cancel the order. Then all the prerequisites for this should be stated there.

As a rule, they learn about the order after the bailiff receives a decree to initiate enforcement proceedings against the work and the money is withdrawn from the salary.

However, it should be remembered that restoring the period for reviewing the court order is not the duty, but the right of the magistrate. Therefore, the more convincingly you can outline the reasons for missing time to appeal, the greater the likelihood of a positive resolution of the issue.

What should be in an application to cancel a court order for alimony?

To understand how to appeal a court order for alimony, you need to be aware of the general rules for writing an application. It is always filed with the court that issued the order for alimony.

The main part contains information about the court order and the amounts awarded to them. After this, you need to describe (point by point) the reasons why the payer cannot agree with the alimony being collected. It is advisable to confirm them with your own evidence.

Naturally, the application for review of the court order regarding alimony must have a personal signature and date of filing.

To have a more specific idea of ​​what an application to cancel a child support order should look like, a sample can be easily downloaded from our website. The proposed form can be completely freely adapted to your situation and supplemented with your own arguments.

It is advisable to attach all copies of available materials to the application. Then the court will be obliged to study them when deciding whether to cancel its own court order. Formal grounds, such as the presence of child support obligations to other children, may serve as grounds for cancellation.

If the child support order is canceled

As a rule, an application to cancel a child support order is considered by a judge alone and within a matter of days. If it is satisfied, a separate ruling is issued and sent to the parties.

• In the future, the collection of alimony after the cancellation of the court order involves filing a separate claim in court, which will be considered according to the general rules prescribed in the Code of Civil Procedure.
• Thus, you need to be prepared for the fact that a claim for alimony will be filed.
• Accordingly, the procedure will take place according to the rules of claim proceedings.

An example of an application to cancel a court order for the collection of alimony

Judicial precinct of the magistrate No. 376 of the Presnensky district

123317, Moscow, 3rd Krasnogvardeyskaya st., no. 3

Debtor: Nikiforov Dmitry Konstantinovich

Moscow, st. Salamatina, 32 sq. 78

Claimant: Ivanova Anastasia Pavlovna

Moscow, st. Plekhanova 47 apt. 55

1. Statement
2. on the cancellation of a court order for the collection of alimony
3. I, Nikiforov Dmitry Konstantinovich, on September 1, received from the postman a court order dated August 25, 2018, issued by the magistrate of the 376th precinct.
4. According to this document, alimony in the amount of 20 thousand rubles per month must be collected from me for my son, Alexey Dmitrievich Nikiforov, who is 11 years old.

I cannot agree with the court order for the following reasons. It states the collection of alimony in a fixed amount. However, I have a permanent job, being the deputy director of Sirius LLC.

Therefore, in accordance with Article 81 of the Family Code of the Russian Federation, the amount of alimony should be a quarter of the income received. Information about the place of work is attached to this application.

It should also be noted that the divorce between me, Dmitry Konstantinovich Nikiforov, and my ex-wife Anastasia Pavlovna Ivanova was formalized on June 28, 2018.

Based on the above arguments, and guided by Art. 81 RF IC, art. 129 Code of Civil Procedure of the Russian Federation,

• I ask the court:
• 1) Cancel the court order for the collection of alimony dated August 25, 2018, issued by the magistrate of the 376th precinct.
• Application:
• 1) The postal envelope in which the court order was received.
• 2) Certificate from the place of work about the amount of earnings.

Debtor: Nikiforov D.K.

Objection to a court order for alimony: recommendations

a court order is an executive document. If you do not take care of canceling it in time, then it is submitted to the bailiffs with all the ensuing consequences for the alimony payer.

To avoid enforcement proceedings and the negative aspects associated with it, you need to adhere to the following rules:

1. An application to cancel a child support order must be submitted to the court within 10 days from the date of receipt of the text of the document. If this deadline is missed, the application indicates the grounds for its restoration.
2. The cancellation of a child support order does not mean that the dispute is over. Next, a lawsuit may follow against the child’s father.
3. For filing an application to cancel the court order of the state. there is no need to pay a fee.

A good alternative to litigation would be to sign an agreement with the child’s mother to pay child support on a voluntary basis. It can specify the timing of payments and their frequency.

The agreement also allows for the provision that alimony in favor of children is replaced by the re-registration of property in their name. In any case, payment agreements should be signed in the presence of a notary.

 Sample application for cancellation of alimony order

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