Where to submit a court order for alimony, what to do next

A court order that makes it possible to effectively collect alimony is issued without the active participation of both parties, witnesses, lawyers, or meetings, which greatly speeds up the procedure. The decision is made only on the basis of mandatory documents confirming that one of the former spouses has obligations to transfer money to the other for the maintenance of their child. Practice shows that if the parties do not have a conflict, then this simplified method is more convenient and practical for collecting alimony than a regular trial.

How to obtain a court order for alimony?

In order to quickly collect the required alimony using a court order, you must perform the following steps:

• Collect the necessary documents , which, in addition to the passport, include the birth certificate of each child, a certificate indicating the composition of the family (it can be replaced with an extract from the house register), a certificate of marriage/divorce, a receipt for payment of state duty;
• Determine the court to which to apply. The applicant can submit an application to the magistrate's court at the place of residence or at the place of residence of the spouse. Practice shows that it is better to submit to the authority in whose territory the person lives, since it is more reliable, and the money can often be recovered faster. The address of the world site is easy to find on the Internet;
• Draw up an application in which you indicate the name of the court and the requirements for the issuance of an appropriate order for the collection of alimony for maintenance. Current practice shows that such a document can also be used to make changes to the procedure for paying money for child support, increasing the amount that the ex-spouse is obliged to transfer, etc.;
• Apply. Then the judge, within five days, makes a decision to issue a court order. Then one copy is sent to the ex-spouse, who is obliged to allocate money. If he does not file an objection within ten days, then there are grounds to consider the issued document to have entered into force. The second copy is handed over to the applicant;
• Obtain an order from the court or ask this body to forward the issued document to the bailiffs.

When the second parent is against something (amount, payment procedure, etc.), he files an objection and the judge cancels the previously issued court order.

Where to submit a court order for alimony?

The fastest way to collect alimony is to obtain a court order issued and take it to your ex-spouse at work (manager or accounting department), after which the minor child will receive money for his maintenance from the parent’s first salary. However, practice shows that this procedure is used by a small number of creditors for various reasons.

If the claimant does not know where the ex-spouse works and does not want to do such work on his own, then you can take your copy of the document and submit it to the FSSP, where the appointed bailiff will collect the required alimony for the maintenance of the child. This specialist will also inform the payer when any changes are made. Practice shows that this procedure will allow you to receive money within two months.

Collection of money can occur without the participation of the collector if he has applied to the court in advance with a request to forward the order to the bailiffs, which the judge will do.

State fee for a court order to collect alimony

The collection of child support will proceed after a receipt confirming payment of the state duty is attached to the application. In any other case there will be no basis for consideration of the case.

Today the applicant is obliged to pay an amount of 150 rubles. If there is a discrepancy, for example, the jurisdiction was incorrectly determined or the judge returned the documents to enter some information, then the money will not be lost.

In addition, the receipt for collection can be used within a three-year period.

Duration of the court order for the collection of alimony

Any order issued allows collection of money in the specified amount until the child turns eighteen years old, and then for another three years. That is, this makes it possible to appeal some action of the former spouse (if there are grounds).

For example, to receive an overdue amount, to collect money if the payer’s income has increased, to protect the interests of the child in another way.

 Practice shows that the specified period is sufficient to solve all problems that may arise during the period of alimony payments.

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

To submit an application to the court, its content must contain the following information:

• Full names of the participants in the case, their addresses, passport details;
• Name of the court;
• Information about all existing children;
• Amount of alimony. If money is collected for the previous period, then the established procedure provides for the inclusion of an accurate calculation of the amount of debt;
• Grounds for demands, evidence of correctness. To do this, it is necessary to attach the birth certificates of all minors, a certificate confirming that the marriage is dissolved, a certificate indicating that the minor lives with the applicant;
• Signature required.

Practice shows that in the absence of these documents, the application will be returned to the parent for revision of its content, since the court will not see any grounds for issuing an order.

Download sample

How to cancel a court order for alimony?

The statutory cancellation procedure is simple. To take advantage of this opportunity, you need to draw up a special document (you can even do this yourself).

Since its content should only indicate disagreement with the applicant's request, no reasons or evidence need be attached.

Immediately after filing such an act, the paying parent will have the opportunity to transfer this issue to the district court, not pay the money for some time, postpone execution, etc. The established procedure indicates that the procedure for filing an objection must be completed within ten days.

Download a sample application to cancel a court order

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Court order

A court order is issued by a judge alone, without hearing the case in court, without notifying the parties. Writ proceedings are a simplified procedural form of resolving civil cases. In writ cases, the applicant's claims are based on documents that indisputably confirm the existence of obligations to collect.

The period for issuing a court order is 5 days after the application is received by the magistrate. The party making demands in writ proceedings is called the claimant, the obligated party is called the debtor.

A court order has the force of a court decision; the issuance of a court order precludes repeated consideration of similar claims in court. A court order is also an executive document; if the original is lost, you can apply to the court to issue a duplicate of the court order.

Requirements for which a court order is issued

The list of requirements for which a court order can be issued is strictly limited by law. At the same time, a citizen has the right to choose whether he will file an application for a court order or go to court with a statement of claim; such a choice is not limited by law.

The Civil Procedure Code of the Russian Federation provides for seven types of requirements for which the court can issue a court order. Such cases include:

• the collection of alimony for minor children was announced. In this case, a court order can be issued if there is no dispute about the paternity or place of residence of the children; if demands are made for the collection of alimony in a fixed sum of money; if the debtor is already paying alimony to other persons. A marriage certificate and a child’s birth certificate are attached to the application for a court order.
• on claims for accrued but unpaid wages. To issue a court order on this basis, it is necessary to submit to the court a copy of the employment contract or work record book; documents that confirm the existence of debt. As a rule, such a document will be a certificate signed by the manager and chief accountant, certified by the seal of the enterprise.
• under a transaction concluded in simple written form. It is necessary to have an agreement between citizens, drawn up in writing, containing all the details provided for this type of agreement, in the general case - the date, place of conclusion of the agreement, names of the parties, the essence of the transaction, the deadline for fulfilling obligations. The original agreement will need to be attached to the application for a court order.
• under a notarized transaction. Notarization of transactions may be provided for by law or determined by agreement of the parties. In this case, the original notarized agreement must be attached to the application for the issuance of a court order.
• the requirement is based on the notary's protest of the bill of non-payment, non-acceptance and undated acceptance.
• at the request of the authorized body for the collection of expenses incurred in connection with the search for the defendant, or the debtor, or a child taken from the debtor by court decision.

Issuance of a court order

An application for the issuance of a court order is submitted to the magistrate, based on the general rules of jurisdiction established by Articles 28-29 of the Civil Procedure Code of the Russian Federation.

 In general, claims are made at the place of residence of the debtor; claims for the collection of alimony can be made both at your place of residence and at the place of residence of the debtor; claims against several debtors are made at the choice of the claimant.

The state duty for writ proceedings is 50% of that established for writ proceedings. Please note that for claims for the collection of alimony and wages, claimants are exempt from paying state duty.

An application for a court order must be submitted in writing.

All samples of applications for the issuance of a court order are presented in the section: Court order

After the court order is issued

After the court order is issued, a copy of it is sent by the magistrate to the debtor at the address specified by the collector. Within ten days, the debtor has the right to file an application containing objections to the court order.

If such objections are received, the magistrate cancels the court order and explains to the claimant that he has the right to resolve the dispute through litigation.

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

The question is often asked, which is better: a court order or a statement of claim, for example, for alimony? In what cases can it be advised to choose the writ form of civil proceedings? Obviously, when the debtor does not deny the debt, he agrees to pay it, but asks to wait, or says that he will pay everything, but according to a court decision. If the debtor actively objects to the merits of the debt, it is better to file a claim to save time. The choice of the method of protecting his right in any case remains with the claimant.

A court order to collect child support, how to file and what to do when you receive it?

It is possible to go to court to demand the collection of alimony not only in the form of a claim, but also by sending a special type of application - for the issuance of a court order. In this case, the case will be considered in a simplified manner, without calling the parties to meetings.

It is possible to use such a procedure if there is no dispute about paternity (maternity) and there is no need for third parties to participate in the case (Article 122 of the Code of Civil Procedure of the Russian Federation). The court makes a decision on the basis of the documents presented to it substantiating the parent’s obligation to support the child.

A court order for the collection of alimony is issued within five days from the date of receipt of the application, in contrast to receiving a court decision on a lawsuit, which lasts for months. A court order received in hand has the full force of an executive document (on par with a writ of execution).

 Collection of alimony by order is not allowed if:

• alimony is required in a fixed amount;
• the alimony debtor still has minor children whose maintenance he pays;
• the claimant's claims are made for a period earlier than his actual appeal to the court.

Appealing a court order to collect alimony

It may turn out that the second parent of the minor against whom the court order has been issued is against any aspects of the content of the writ of execution (in terms of the amount, the procedure for established payments, etc.).

In such a situation, he files an objection to the court order for the collection of alimony, and the court cancels the court order for the collection of alimony issued earlier. In the ruling on cancellation, the judge explains to the claimant that he has the right to make a claim for alimony already in the course of the claim proceedings.

Both the debtor and the claimant, within three days from the date of cancellation of the order for the collection of alimony, are sent copies of the court ruling on this (Article 129 of the Code of Civil Procedure of the Russian Federation).

A cassation appeal can also be filed against a court order in a regional (territorial) court if the court that issued the order significantly violated the rules of material law (for example, when determining the amount of alimony to be collected).

Where to submit a court order for alimony?

If no objections are received from the debtor who received a copy of the court order for the collection of alimony, the writ of execution is issued to the applicant. The claimant can present this document for execution within the next three years.

A faster option to collect what is owed is to submit a court order to the employer of the alimony provider. In this case, already from the next salary, the accounting department will begin to transfer what is due directly.

If the debtor’s place of work is unknown, or the claimant does not want to independently collect funds, the court order must be submitted for execution to the bailiff service. In this case, if the debtor is not hiding, has income, etc.

At the request of the claimant, the court may independently send a court order for the collection of alimony to the bailiff service.

Objections to a court order for the collection of alimony

The legislator does not define a strict form of objection to a court order for the collection of alimony. However, if there is certain information that the appeal, as a legally significant document, must still contain. This:  

• in the header of the document: to whom the objection is addressed (name of the court, full name of the judge) and by whom it is sent (full name, address, contact information);
• name of the document - “Objection” (in the middle with reference to the right and left margins of the sheet);
• the essence of the objection: what and why you are asking to cancel;
• date, signature with transcript.

The debtor has only ten days to appeal the received court order (Article 128 of the Code of Civil Procedure of the Russian Federation).

Cancellation of a court order for the collection of alimony

Having canceled, on the basis of the received objection from the debtor, the court order to collect alimony, the court notifies the applicant, the debtor, as well as the bailiffs, if they previously received the writ of execution, of the decision.

If a person who previously demanded the collection of alimony now applies to the court through a lawsuit, then he can indicate the collection period not from the moment of the second application, but from the moment of the initial application.

The plaintiff will need to attach to the statement of claim documents confirming his application to the court in the order of writ proceedings, as well as the cancellation of the court order in connection with the plaintiff’s objections.  

Application for a court order to collect alimony

An application for a court order for alimony must contain:

• in the header of the document: full name, personal and contact information of the participants in the case, as well as the name of the court to which the application is sent;
• Title of the document;
• the essence of the situation (information about children and their parents, requirements and their justification, including the amount of alimony, etc.);
• date, signature and its decoding.

It is necessary to attach documents confirming the applicant’s words: marriage and divorce certificates, birth certificates; certificates of residence of the child with the applicant, extracts from the house register, other documents significant for consideration of the application, receipts for payment of state fees.

To ensure that the documents you draw up have legal weight, seek help from a lawyer involved in alimony cases. Our specialists will prepare an application for a court order, a statement of claim, or a complaint against the ruling. Ask your questions on the website, call us - a personal approach to business always brings positive results.  

A court order for the collection of alimony: what to do with it, how to get it, where to take it and in what time frame?

Citizens of the Russian Federation have the right to receive an order to collect alimony outside of a court hearing using a simplified form of civil proceedings. The document is issued without the active participation of the parties, lawyers, and witnesses. If the parties do not have conflicts, this method is more convenient than the usual process.

It is enough to present to the court an application and documents confirming the obligation of one of the parents to transfer funds to the other for the maintenance of a minor child.

In terms of legal force, an order is equivalent to a court decision, but has a more concise content and is issued without a full hearing.

A court order for the collection of alimony: what is it and how to get it?

The document is issued according to a simplified procedure of legal proceedings, making it possible to quickly recover funds for the maintenance of minor children. During writ proceedings, there is no need for the parties to be present in court. The judge makes a decision based on the documents provided, which usually sufficiently support the undisputed facts.

Based on an order that has the force of a writ of execution, funds for the maintenance of a minor child are withheld from the defendant (we recommend reading: how to correctly transfer alimony under a writ of execution?). If the defendant does not reside in Russia, the order cannot be issued. Nuances of writ proceedings for alimony:

• the amount of claims does not exceed 500 thousand rubles (clause 1 of Article 121 of the Code of Civil Procedure);
• the age of the child for whose maintenance alimony is being sought is no more than 18 years;
• the fact of paternity is obvious;
• Alimony payments are required as a share of the payer’s income.

The procedure for filing an application for alimony is regulated by the Code of Civil Procedure. To obtain an order, the applicant makes a written application to the magistrate. It is he who single-handedly issues an order document, which is vested with executive power.

Actions of the plaintiff to obtain an order for the collection of alimony:

1. collect the necessary documents;
2. determine the court for filing the appeal;
3. make an application;
4. submit an application and documents to the magistrate;
5. receive the order and pass it on to the bailiffs.

The application is submitted by the person in whose care the child remains. This could be any of the parents, grandmother, grandfather, or other relative with whom the children live. This is done at the place of registration of the applicant or debtor.

The Magistrate's Court makes a decision within five days after receiving the petition.

If the plaintiff’s application is not within the competence of the magistrate to make a decision (for example, the child is an adult but has a disability), the court refuses to accept the documents within 3 days.

The following documents must be attached to the application:

• copy of passport;
• a copy of the marriage or divorce certificate;
• a copy of the child's birth certificate;
• a certificate of family composition confirming the fact of cohabitation with the child.

The names of the mother and father must be included on the children's birth certificate. For writ proceedings, deleting or entering data from the words of the mother is unacceptable. In this case, paternity will need to be established in court. An application for an order is drawn up in simple written form and must contain the following information:

• name of the court;
• details of the plaintiff, payer (last name, first name, patronymic, date and place of birth, registration address);
• circumstances of the appeal;
• requirements;
• a list of attached documents proving the legality of the collection.

The order is in hand, what next?

The decision is issued on a special form. The recipient wonders, “What should I do with it?” Having received the document in hand, the plaintiff can independently take it to the bailiff service to collect maintenance for the child.

It is also possible to send the order to the bailiffs by mail. The basis for this will be an application filled out by the claimant according to the sample provided by the court employees. This option is convenient for nonresident plaintiffs.

The bailiffs begin enforcement proceedings to collect financial support for the child.

Based on the results of reviewing the documents, the magistrate issues a court order to satisfy the plaintiff’s demands for the recovery of funds for the maintenance of common children. The court order is issued in two copies and must contain the following information:

• information about the issuer of the order (court, last name, first name, patronymic of the judge, number, date of issue);
• last name, first name, patronymic and address of the alimony claimant;
• information about the payer’s employment;
• information about children for whose maintenance funds are collected;
• the share of alimony payments in the debtor’s monthly income;
• period for collecting alimony (we recommend reading: from what period does alimony accrual begin in case of divorce?);
• amount of state duty.

READ ALSO: grounds for paying child support

Next, a copy of the court order can be presented at the payer’s place of employment, attaching an application addressed to the head of the organization. The application must contain a request to transfer alimony to the recipient's account. A copy of the petition should be kept as evidence with a receipt confirming receipt of the original by an official of the organization.

The advantages of judicial proceedings on the issue of alimony include the speed of making a decision, the brevity of the order, saving the time and nerves of the parties (we recommend reading: payment of alimony in a fixed amount of money by order). The disadvantage of a court order is that it is easy to overturn. To do this, the defendant only needs to declare disagreement with the requirements or challenge the assigned amount within 10 days after the decision is made.

Where and how should the order be sent?

A copy is sent to the defendant in the case. He may agree or disagree with the plaintiff's demands. If the payer objects, the court cancels the order, and the collection of alimony is then carried out in legal proceedings. If the defendant agrees with the requirements, the document is issued to the plaintiff. It has the force of a writ of execution and is subject to mandatory and immediate execution.

INTERESTING: what is the amount of alimony collection if the defendant does not work?

The Federal Bailiff Service deals with alimony debtors without an official place of work. An application to the FSSP to initiate enforcement proceedings must contain:

• details of the applicant and payer (last names, first names, patronymics, dates of birth, passport details, contact information);
• details of the court order;
• amount of claim;
• account details for transfer or postal address.

The obligation to pay the state fee for writ proceedings falls on the defendant. A writ of execution for the collection of state duty is drawn up on the basis of a court order and handed over to the bailiff (for more details, see the article: where to place the writ of execution for alimony and what to do if it is lost?).

How long does it take to submit a court order?

The document comes into force if the debtor does not receive a request to cancel the application. The defendant is given 10 days from the date of the court decision to do this (we recommend reading: court decision on the collection of child support). After 10 days, the court transfers the document to enforcement proceedings.

You can contact the FSSP at any time from the issuance of the decision until the child reaches 18 years of age. After reaching the age of majority, the child can independently collect alimony from the father or mother who live separately. After this period, the right to receive alimony ceases. The executors collect alimony only for the last three years.

According to the Code of Civil Procedure of the Russian Federation (Article 127), the document must contain the start and end dates of the validity. Federal Law “On Enforcement Proceedings” in Art. 21 stipulates a three-year period for transferring a court decision for execution to the FSSP.

If the court considers the reasons for missing deadlines to be valid, they will be extended.

INTERESTING: alimony: consideration of cases within the framework of the Code of Civil Procedure of the Russian Federation

The procedure for collecting alimony payments based on a court order

Receiving alimony under a court order can be voluntary or compulsory. Forced collection in the event of a defendant’s refusal to provide financial assistance to a child is carried out by the FSSP by seizing part of the income or selling the debtor’s property.

To execute the document, the executors carry out the following actions in relation to the defendant:

• send a document to the employer to withhold a certain part of the salary;
• initiate the seizure of movable and immovable property;
• sell liquid property at public auction;
• impose restrictions on the use of current accounts;
• initiate a ban on leaving the country.

During execution, the FSSP carries out activities aimed at clarifying the defendant’s place of residence and work, and his level of income.

They have the right to make requests to the address bureau, social security authorities, banks, housing and communal services enterprises, traffic police, BTI, military commissariats, even internal affairs agencies.

The bailiffs do not have the right to return the writ of execution to the applicant due to the impossibility of establishing the location of the debtor without carrying out search activities.

If for a long time it is not possible to establish the location of the payer, the recipient may file a claim to hold him accountable and deprive him of parental rights. In this case, there is no need to collect the document from the bailiffs. A defendant deprived of parental rights is still obliged to provide financially for the child.

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• Where to send a child support order?
  Hello! Can you tell me where to send a court order for alimony if the children’s father is a citizen of Belarus and the mother is a citizen of the Russian Federation? Doesn’t live at his registration address, is in Russia, hides his place of residence and place of work (Located in Moscow...
• Where to send a court order if you change your place of residence 1.5 months. ago, I was given a court order to pay alimony for my husband, at that time my husband lived with me, accordingly, as I was told in court, the order should be sent to the bailiffs at our place...
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Sample court order for the collection of alimony

Parents are equally responsible for the life, health and financial support of the child. This obligation does not disappear even after the divorce. The spouse with whom the minor child remains has the right to file an application with the court to recover funds for his maintenance.

Since 2016, alimony for minor children born during marriage or a short time period after a divorce, provided that the fact of paternity is not appealed, is subject to issue only after a court decision has been made.

What is it and its sample

A child support order is a court order that obliges one of the parties to pay a certain amount of money for the benefit of a minor child. It is issued by the court alone and does not require the presence of the applicant or the defendant. It serves as an executive document.

This method allows you to achieve the assignment of mandatory payments to provide for the child in the shortest possible time. To do this, the applicant must provide as much information as possible about the person for whom the application is being made.

If the collection of funds from the debtor to provide for the child is carried out simultaneously with the procedure for challenging paternity, then the case is considered through a claim proceeding.

The order issued must include the following information:

• about the exact name and address of the court that issued the document;
• about the number and name of the case on which the decision was made;
• on the date of adoption and entry into force of the order;
• about the terms of appeal;
• about the data of the plaintiff and defendant, with precise indication: full name, residential address, telephone number (date of birth, place of work - for the debtor, if known);
• about the conclusion reached in the case;
• about the date of issue.

At the end of the document there must be the signature of the judge, as well as the official seal. If any information is missing, the document may not be accepted by further authorities.

When is it taken out?

In accordance with the RF IC, a court order is issued:

• when collecting alimony for the maintenance of minor children. It cannot be issued if funds are required: for an adult child, for the maintenance of parents or to cover additional expenses for the child;
• if no additional procedure is carried out to establish or challenge paternity;
• if carried out according to an agreement concluded between the parties;
• when collecting alimony, expressed as a percentage of the defendant’s earnings.

This order is issued by the court only if the amount is less than 500 thousand rubles.

How to get it

To obtain an order, the applicant must contact the appropriate authority, providing an application completed in accordance with all requirements. Only after this will the claim be considered and a court ruling issued.

Where to contact

This type of case is heard in the World Court. Documents for application can be given at the residence address of the applicant or debtor. Submission of documents is carried out in person at the office or by registered letter.

How to write an application

Full instructions for drawing up an application are presented in Art. 124 Code of Civil Procedure of Russia. It must contain the following information:

• about the exact name and address of the court in which it will be filed;
• about the full name, residential address, contact telephone number, date and place of birth of the applicant and debtor. For the latter, the place of work is also indicated, if known;
• about the title of the document being compiled;
• on the grounds on which alimony should be collected. Most often, the presence of a common child under 18 years of age and the lack of financial support or other types of assistance from the second parent are indicated;
• about the plaintiff's claims. The need for shared recovery of alimony from the defendant is indicated in accordance with Art. 81 RF IC.

The application also requires a list of documents that will be additionally attached. At the end it is required to put the date of compilation and the signature of the applicant.

The application must be accompanied by a documentation package that must include:

• a copy of the plaintiff’s and defendant’s passports, the latter if available;
• a copy of the birth certificate of one or more children;
• a document confirming the presence and amount of income of the defendant. Typically, a certificate from the debtor’s place of work is used for this. Subject to availability;
• a copy of the marriage or divorce certificate. If citizens have not registered their relationship, then they are required to provide a copy of a document confirming paternity;
• a certificate of family composition, which can confirm that the children live with the applicant.

• Also, if desired, a certificate of the applicant’s small income can be attached to the documentation package, which will indicate the fact of the need to receive financial support from the second parent.
• The form can be downloaded from the link.
• When considering cases that relate to the collection and calculation of alimony, plaintiffs are exempt from paying state fees.
• It is paid in the amount of 50% of the amount established for claims, that is, in the amount of 150 rubles, by the losing party - most often the defendant.

In order to begin the procedure for collecting alimony from the debtor, it is necessary to transfer it to the relevant authorities. This is possible if the defendant did not challenge it within the period established by law (10 days) and the order was not cancelled.

Where to carry

You can take it to the bailiff service or to the place of work of the second spouse.

For the first case, it is necessary to send an order to the FSSP at the debtor’s place of residence, attaching to it a corresponding application with a request to accept it for proceedings. After the bailiffs receive the document, they are obliged to begin executing it.

You can submit an order with an application in person or by mail using a registered letter with notification. In some FSSP branches, the electronic application function is available.

The second case is possible only if the second parent is officially employed and there are no special objections on his part. The document is submitted to the organization’s accounting department along with a written application, which is drawn up according to the sample provided on site.

If the second parent resigns, the order will be returned and will need to be sent to the FSSP or to a new place of work.

Deadline for filing with bailiffs

The order has no statute of limitations. This type of document can be submitted to regulatory authorities at any time before the child turns 18 years old and 3 years after that.

The procedure for collecting alimony

You will first need to fill out an application. Next, you need to collect all the necessary documents, as well as information about your husband and children.

The entire package is submitted to the court, which determines the amount based on information and facts.

Is it possible to cancel

Art. 129 of the Code of Civil Procedure gives the debtor the right to cancel the order for the collection of alimony without giving reasons. For this it is enough:

• within 10 days after the decision is made, submit to the court objections regarding its further execution;
• if the deadline specified at the legislative level was missed for a good reason, then it is required to file a petition for its restoration, and then appeal the court decision.

The defendant may attach to the application evidence of his participation in the child’s life and provision of financial support, for example, copies of receipts.

The other parent can provide a DNA test that will indicate a low probability of paternity. In the second case, an additional hearing will be scheduled, and the losing party will be required to pay all costs.

Objection

Most often, an objection is filed in situations where a person intends to raise a child on his own or believes that they are not his family. The application must be accompanied by all documents that confirm the validity of the objection, for example, health certificates or a copy of the birth certificate of another child.

Objections may be sent by certified mail or delivered in person to the courthouse where the order was previously issued. Within 3 days after registration of the objection, the order loses its legal force.

Peculiarities

The collection of alimony has a number of features that depend on the situation. With different options, the court decision may vary in terms of the amount of money, as well as the amount of payments.

In a fixed amount of money

A court order allows you to receive alimony only in proportion to the income received; receiving a fixed amount, at which the debtor must have a stable monthly income, officially recorded, is impossible.

Issuance is not possible if the defendant is declared unemployed or works unofficially.

If there are other children

If the defendant is already making payments that were accrued earlier, for example, for children from a previous marriage, or making payments under other writs of execution, then the court order cannot be issued, since a third interested party appears.

For a second child

The amount of payment for the second child should not exceed 33% of earnings. A court review and decision on setting rates will be required.

For two children

For two children the fee is set at 50% of earnings. With other options or a hard equivalent, the size is determined by the court depending on the information provided.

Each parent, whether married or divorced, can require the other parent to make child support payments to support the child.

To do this, you need to file a statement of claim, which will make a decision by issuing an appropriate order. It must be sent to the FSSP or to the debtor’s place of work. The order may be canceled if the other party challenges it.

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Court order for the collection of alimony

The decision of the magistrate, which is made individually and without judicial review in a situation where there is a statement of request to collect alimony funds, is called nothing less than a court order to collect alimony.

Such a document is relevant only for those situations where parents who were married do not have serious disputes about the maintenance of the child.

Using such an order, you can quickly receive child support in a fixed amount of money in the amount of at least 25 percent of earnings.

The essence of the concept and the algorithm for obtaining

The decision is made in a simplified manner, thus providing a chance to quickly claim money for the maintenance of a minor child. In writ proceedings there is no need for the presence of participants in the case. The decision is made by the judge on the basis of the materials provided, which, as a rule, to a certain extent serve as confirmation of unconditional facts.

If the parents have any controversial issues (about the amount and format of payments, challenging the fact of paternity), it is necessary to file a claim through legal proceedings.

On the basis of a court order, which has the force of a writ of execution, money is collected from the person for the maintenance of a minor child. Peculiarities:

• The amount of claims cannot exceed 500 thousand rubles (in accordance with paragraph 1 of Article 121 of the Code of Civil Procedure of the Russian Federation).
• The age of the child for whose provision the funds are requested is not older than 18 years.
• Paternity has been confirmed or there are no objections from persons in this regard.
• Payment is required in proportion to the earnings of the intended payer.

The application submission algorithm is regulated by the Code of Civil Procedure of the Russian Federation. For this purpose, the applicant will need to submit a written application to the magistrate. It is this official who has the right to issue court orders that have the force of a writ of execution.

What actions will the applicant take?

• Collect the necessary documents.
• Determine which court the application should be sent to.
• File a claim.
• Submit an application and attached documents.
• After receiving the court order, transfer it to the bailiff service.

To comply with legal regulations, correct registration and avoid errors, it is recommended to contact lawyers in a timely manner.

The applicant will be the person in whose care the minor remains. This could be either mother or father, grandfather or grandmother, or other relatives with whom he lives. The application is submitted at the place of registration of one of the participants in the process. The court makes a decision within five days after the application is accepted for consideration. What applications are required?

• Photocopy of passport.
• A copy of the marriage certificate (divorce).
• The original certificate of family composition, which will serve as confirmation of cohabitation with a minor.
• Photocopy of birth certificate.

The latter must clearly indicate the names of the father and mother. If there is a dash there, this is not acceptable for administrative office work. Here it will not be possible to register the defendant according to the mother’s words.

In this situation, paternity will first need to be established through legal proceedings.

The application for extradition is drawn up in the usual written form and will contain the following information:

• Name of the judicial authority.
• Information about the applicant (full name, place of birth and date, address of registration).
• Conditions of application and grounds.
• A number of clear requirements for payments.
• List of attached documents that can prove the legality of collection.

What to do if the court has already issued a certificate

Decisions are issued on special forms.

The recipient has a logical question: what should be done next? You can take it to the Federal Bailiff Service to collect funds; it is also possible to send it to the FSSP by mail. This method is considered quite convenient for those who live in another place. Bailiffs begin enforcement proceedings to collect funds.

As a result, a court order is issued stating that the requirements have been satisfied. Published in two copies at once. It will include the following information:

• Information about the judicial authority (name of the court, full name of the judge, number and date).
• Last name, first name, patronymic of the alimony claimant.
• Employment information of the party from whom alimony is being collected.
• Information about children in whose interests alimony is collected.
• Amount of payment (monthly, in accordance with earnings).
• Collection deadlines.
• Amount of state duty .

Next, a copy of the original can be presented at the place of work of the payer, attaching an application submitted to the head of the enterprise. It must contain a request to transfer funds to the account of the alimony claimant. You must leave a copy. This will serve as evidence, and you should also take a receipt that the original copy was received by the employer.

Advantages and disadvantages

The positive aspects of writ proceedings:

• Time limits for issuing a court order.
• Saving each party's time that might otherwise be spent on long-term litigation.

If we talk about the disadvantages, the main disadvantage is that the court order is very easy to cancel. To eliminate the action, it is enough for a party to make a statement of disagreement with the requirements or a desire to appeal the assigned amount of payment within ten days after the court order is issued.

How and where are orders sent?

Copies are sent to the party in the specific case.

If a party has any objections, the document loses force as a result of its cancellation in court, and the collection of funds is subsequently carried out in legal proceedings.

In a situation where the potential payer has expressed his own consent, the plaintiff receives an appropriate court order. It has the force of a writ of execution and is considered binding.

It must be remembered that the question of where to place the court order and how to deal with it should be answered according to where the potential alimony payer works.

If a person is officially registered at work, the employer undertakes to fulfill the conditions set by transferring the required amount to the account of the claimant.

Failure to comply with these conditions may result in the imposition of fines, penalties and even criminal prosecution.

Alimony collections without the fact of official employment of a person are handled by employees of the FSSP of the Russian Federation. An application to the bailiff service for the commencement of enforcement proceedings must include the following information:

• About the applicant and payer (full name, date of birth and other passport and contact information).
• Recovery amount.
• Details of the court order
• Bank account details for payments or address for sending by mail.

The obligation to pay the state fee for writ proceedings is imposed on the defendant party. The writ of execution for the collection of state duties is formed on the basis of a court order and forwarded to the bailiffs.

When should you apply?

From the moment the court order is issued, the party has ten days to appeal. After this period, the next stage begins - enforcement proceedings.

You can contact the FSSP of the Russian Federation at any time from the date the court order is issued until the day the child turns 18 years old and is considered an adult. After this, he will have the opportunity to independently claim funds from his mother or father living separately.

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