You can apply for alimony or recover it in retrogress.

A maintenance relationship is a very serious and often painful topic for all parties involved. A parent who does not live with a minor is obliged to pay maintenance allowance, and it can be done in three ways:

Voluntaryly without any documentary arrangements.
By signing a maintenance agreement that sets out the amounts and conditions that satisfy the requirements of both parents and that cover the needs of the children.
Having received an executive notice following the delivery of the judgement.

The first method is not considered alimony because it has no legal and legal basis.

It's just voluntary assistance to its magic, it can be regular, it can be expressed differently, not only in material but also in kind.

Despite the absence of a legal framework, many parents for some reason do not make timely formal maintenance arrangements, hoping for the integrity of the second half.

But life is not on the spot, the financial situation of the alimonyer and his family interests can change, and voluntary contributions can disappear along with them.

What do you do in that case, and the important thing is, is it possible to collect back alimony from an unfair non-payer?

Maintenances from the past

The time limit for maintenance is three years.

In practice, however, it is not as simple as it may seem to be to force the alimonyer to pay the alimony allowance for the last three years or less, but to apply to the court for such claims.

The court only accepts claims with such claims if there is documented evidence that the applicant has made various attempts to recover maintenance, but has failed in this task.

The fact that the alimony recipient was just once or lazy to go to court is not a valid reason and does not allow claims to be made for amounts not previously paid.

Although the recipient may apply for further maintenance at any time before the child ' s majority.

In order to avoid unnecessary stress, it would be better to file a lawsuit with the court immediately and not delay for a few years by encouraging the alimony payer to pay the mandatory amounts voluntarily.

But if the wife does not want to ruin her relationship with her ex-husband and is looking for ways to resolve the conflict without the involvement of the judiciary, she should take care to collect documentary evidence.

It is the possibility to prove in court the existence of an attempt to provide material support to the child that allows for a claim for damages for a period that cannot exceed 36 months.

Procedure for the recovery of maintenance

If there are grounds for a claim, the applicant shall apply to the court, which shall include two paragraphs at the same time:

Request for payment for the past period.
The requirement to assign maintenance in the amount indicated for a further period of time.

If the first paragraph is not satisfied, due to insufficient grounds, the second will in any case be approved; although there are cases in which claims are brought after the child has reached majority, the second paragraph is cancelled.

In any judicial review, it is important to observe the step-by-step nature of the action, and this requires that the following steps be followed:

Preparation for claims: This stage is divided into two intermediate stages, namely, the expression of these very claims on paper, in the form of a statement of claim and in the form of a documentary package supporting the claims and their validity.
A complete package will be made available at the place where the future review takes place, and it is important to focus on the issues to which it will be delivered and to which address.
Waiting for the trial to appear in full arms, and during the trial, it will be necessary to present all the allegations and prove the truth of what you say.
To obtain the judge ' s decision and to act on the order specified in the order.
Submit an executive document on the place where the maintenance worker works or contact the bailiffs to initiate the execution proceedings.

If it's possible to apply for ex post facto alimony, it's up to the court to decide.

Submission of a claim to a court of law

The statement of claim is written by the respondent or printed on a printer, which is not material and is not defined by law.

The claim is made on the A4 paper sheet and does not have a mandatory form. However, this does not mean that it can be written in an arbitrary form; all its contents must be strictly structured and presented in a sequence.

The statement of claim shall consist of those main parts:

The preamble, which contains information on the court to which the document is sent, is sent to which judge for consideration. It also indicates the addresses and telephones of the parties to the parties, the applicant and the defendant. The plaintiff must ensure that the relevant data on the maintenance worker are provided so that it can be found quickly thereafter without delaying the proceedings.
Title of the document: This can be done simply and without a plan by writing "A claim for maintenance payments over the past period".
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At the end of the main part, there is evidence that the claimant did not receive payment during the period in question.
The statement of payment requirements for the past period is being finalized.

The claim is supported by a list of documentary grounds, listed in order, at the end of which is the signature and the date of the application to the court.

Model claim for maintenance over the past period

What documents should be attached to the suit?

Claims are supported by documents that contain evidence:

Relationships between the parties.
The relationship between the minor and the defendant.
Retribution claims filed.

The three paragraphs refer to a serious set of documents, which may include in a set these components:

Document identifying the proponent of the review.
The certificate of a certified marriage before the civil registry or divorce authorities in the same place; the absence of a marital relationship does not entail the abolition of maintenance obligations towards minors.
Certificates of birth of one or more children: This may be both biologically related children and adopted or adopted by the defendant. It is important that the certificate itself indicate that the father is the maintenance worker. If there is no such mark, there must be a certificate that the father has previously established paternity. If paternity has not been established, the plaintiff will first have to prove in court that the man belongs to a particular minor.
Evidence of the lack of material benefit and of the claimant ' s attempts to claim it during the period in question, with a large number of both paper and witness statements available.

The collection of a personal package depends on the specific situation under consideration.

What evidence is there to bring before the court?

It was easy to prove the relationship between the defendant and the minor dependant, but how could it be proved that no payments had been made?

The applicant must understand that the outcome of the case depends on his or her actions, and especially the people who are in the middle of the case always keep different checks, receipts, bank statements, and, if no such action has previously been taken, care must be taken to collect evidence before filing a complaint.

You can write down the phone calls that will cover the topics of the maintenance guy's promises to settle with the recipient over the past period, and it's nice to hear the exact time and amount of the debt.

It is recommended that witnesses who may be able to confirm information be included in this examination.

It should be understood that the evidence is not only accepted from the applicant but also from the defendant; the applicant may prove that he has made payments and assisted the dependant in his capacity; and if he can substantiate his case, no penalty will be imposed.

Calculation of maintenance payments

Claims include a mandatory provision on recovery of maintenance payments over the past period; this section should not be hypothetical but realistic, for which the claim is accompanied by a mandatory calculation of the arrears.

If earlier ex gratia payments could be expressed at any level, the amount should be justified in court.

Under the law, alimony can be retained as a percentage or at a fixed rate; the applicant must not simply choose the method of retention, but must also calculate the amount.

If the maintenance worker is employed, the percentage of the debt will be calculated on the basis of the amount of his salary for the period in question, provided that the alimonyer is officially unemployed or has no stable income, the benefit will be calculated on the basis of possible amounts.

The average wage for the region or the subsistence minimum may be taken to deduct a firm debt rate.

Can you apply for ex post facto alimony?

After the dissolution of the marriage, many parents make oral arrangements for the payment of maintenance.

At first, the payer faithfully fulfils this obligation, but eventually ceases to do so, thereby violating the rights of the minor.

In such situations, many women are waiting for the payer to start paying again, but judicial practice shows that waiting does not work, so many claimants are interested in the question of whether alimony can be applied ex post facto.

When it's possible to go to court

According to the Family Code, a person who is responsible for the upbringing of a minor has the right to apply for child support at any time:

Funds may be recovered without divorce and on children born out of wedlock.
A dispute over child benefits can be resolved during divorce proceedings.
An appeal may be made after a certain period of time, with a requirement to hold back prior years ' debts as well.

Thus, the applicant has sufficient time to obtain the funds; the main point is not to skip the statute of limitations; according to article 107 of the UK, it is only possible to claim the amounts outstanding for the last three years, and the person has the possibility to collect the penalty, but if the claim is made, the complainant will have to prove that the period was not deliberately missed.

Mode of action

If the father does not pay the money to the magician or reduces it significantly, then a claim must be submitted to the violator in order to comply with the terms of the agreement; one copy of the claim must be kept and the other must be sent by mail by registered letter with notice.

If the answer is not received, you should contact the public authority at once, but if there is no time or opportunity to go to a public institution, you should not be concerned; since maintenance payments are ex post facto, but it is desirable to apply today, because it is difficult to recover debts after a certain period of time.

In order to institute civil proceedings, an application must be lodged; the application must be made in accordance with the rules of the Code of Criminal Procedure; the list of maintenance and formalization requirements is set out in article 131 of the Code of Criminal Procedure of the Russian Federation; it is important to specify the exact period of delay and the amount of arrears, as well as the reasons why the applicant did not apply to the court earlier, and the arguments must be documented.

The calculation must be made taking into account article 81 of the Russian Federation:

25 per cent for one;
33% for two;
50% for three or more children.

The calculation must be based on the amount of income previously earned by the spouse or require the former spouse ' s income from the employer; if this information is not provided, the regional standard may be used for the calculation.

The following shall be delivered together with the statement:

A copy of the claim;
Original receipt, if any;
A copy of the applicant ' s passport;
A birth certificate is required, even if the child was born out of wedlock;
The parties ' income statements;
An extract from the home book;
Evidence confirming the father ' s refusal to perform his parental duty: video recordings, audio recordings, witness statements, etc.

If the documents are sufficient and there is no objection on the part of the debtor, the dispute will be dealt with by order, with a total time limit of five working days, during which time the judge will examine the case file and issue a decision, and it is recommended that the court order be referred to the bailiffs for execution.

Recommendations for the collection of arrears

Problems can be avoided by following the following recommendations:

The agreement should be documented; the oral agreement is practically null and void; therefore, it is not possible to obtain the amount provided for in the oral transaction in the absence of a written agreement; in such situations, alimony is paid on the basis of the minimum wage of the region; the same method of calculation is used in cases where the defendant is insolvent.
It is important to take steps to obtain funds: in the event that it is established that the applicant deliberately took the time to collect the penalty, the court will impose a different amount of the penalty, or the assessment will be made from the moment civil proceedings are instituted.
The application must be processed correctly and the required documents must be collected immediately before the request is made, and time will be saved, and insufficient evidence can lead to a significant reduction in the amount required.

Dissolution of marriage is a psychologically difficult process for both parties, and not everyone can resolve the issue of juvenile detention immediately after divorce, so the law provides for the possibility of ex post recovery of children, but it must be borne in mind that the arrears are only recovered in the last three years.

If the dispute is resolved by an order, the matter shall be decided by a court of law; and if the dispute involves witnesses and experts and the presence of the parties, the dispute shall be dealt with in a general manner.

Is it possible to apply for ex post facto alimony?

Hello, in this article, we will try to answer the question, "Can you put alimony back?" You can also consult lawyers online free of charge on the website.

The court is guided by the same articles of the SC and PCA of the Russian Federation, the proceedings are conducted under the same rules, and the procedure and mechanism for proving attempts to claim maintenance for past periods is substantially different.

After the decision is taken in favour of the payer or the recipient (most often in his favour), the court determines the amount of maintenance and arrears over time.

How to Inverse Maintenance

In this situation, a woman goes to court to sue for alimony, but she also wants to order the defendant to pay the money for the time lost.

Questions of liability for non-compliance with or inadequate compliance with maintenance obligations are laid down in the Criminal Code and the Criminal Code, in the event of a serious failure to fulfil its maintenance obligations, and the rules of civil law apply in respect of penalties in cases of late payment of alimony.

When a case is heard by a justice of the peace, the result will be known within a month and, if the application is granted, the plaintiff can expect to receive maintenance.

You don't even have a court number!!! But you can claim alimony in no more than six months!! You probably mean that?! Well, if you're shutting down... then what's the conversation?? Why did you do it? Now you're gonna be...

If the alimony payer has not paid maintenance payments after the court decision, a re-claim may be filed.

An important condition is that prior to this appeal, the parent who is the recipient of the maintenance was not required to collect the alimony in court.

It is true that the chances of obtaining a court ruling are higher when the regional guardianship and guardianship authority has also not been involved in any way in the situation.

If one of the spouses is unable to work during the marriage, he may apply for alimony, immediately suppress the divorce suit, state in the suit that he has not lived together for more than 15 years.

A notary agreement or an ex post facto authorization/order cannot be signed; any executive list is dated on the day of its adoption, and thus the money is paid from then on.

The interests of the children of the Russian Federation are protected at the State level, so whether the parents live with the child or not, they are obliged to provide him or her with financial support until he or she reaches the age of majority.

As a general rule, their assessment begins at the time of the filing of the application, regardless of the length of the proceedings.

The court will review all the documents, question the plaintiff and the defendant and, on this basis, rule on the recovery of maintenance for the previous period.

1. A person entitled to maintenance may apply to the court for maintenance, regardless of the period of time that has elapsed since the right to alimony has arisen, if the alimony is not...

This is due to the existence of such a general statute of limitations, and it is believed that in 36 months it is possible to enforce the penalty.

The requirements for the application are set out in the general rules of article 131 of the Code of Criminal Procedure of the Russian Federation. No mention will be made of the claim for maintenance, but it is on the basis of these rules and regulations that documents must be prepared for the court.

In the meantime, it is possible to prepare a lawsuit, gather all the necessary evidence, file an application with the court, and the important condition of recovery without completing the above-mentioned article of the UK of the Russian Federation, ex-wives of alimony may be prematurely happy.

Yes, and most importantly, maintenance can not be ordered in the past only because the claim relates to a dispute over the right to maintenance over the past period and is subject to review by a court from all points of view.

If the maintenance agreement is made orally, the parties should be concerned about the issuance of documents confirming the reception and transfer of funds, and the absence of such documents may be the basis for a judicial claim for maintenance.

Ask the lawyer on duty,

Maintenance may not be demanded retroactively; maintenance is due from the time of filing of the claim.

It's better to spend part of your time collecting checks, receipts, letters, videos, and so on to justify and prove your claims.

The most convenient way to process documents for maintenance is for former or divorced spouses to contact a notary, where a maintenance agreement can be agreed upon by the parties; the agreement specifies the amount and the procedure for obtaining maintenance, after which the document shall be certified by the notary and shall enter into force.

A clear answer to such questions can be found in the Family Code, which provides for a variety of maintenance claims.

Is ex post facto recovery possible?

A claim for maintenance may be filed during marriage or at any time after its dissolution.

On the basis of the above, the Civil and Family Code of the Russian Federation establishes the procedure for the recovery of maintenance for a minor. According to the law, the payment of maintenance starts from the date on which the application is made to the court, regardless of the length of the proceedings.

Regarding the recovery of maintenance over the past period: the mother may make such claims and receive material assistance from the father, but not more than in the last three years.

In addition, in order for the court to award you compensation, it is necessary to prove that the plaintiff himself tried to obtain funds for the child:

Communication with the father;
Recording of conversations;
Witnesses ' testimony, etc.

If one of the above-mentioned reasons is not proved, then the debt is calculated over time; the case law in maintenance cases shows that such matters are better dealt with immediately after the divorce and have their words fixed on paper.

Of course, she didn't have the right to do that, and now her address is known, and you can file it back, but I'm afraid it's not gonna work.

Lawyers recommend that the child's mother document any contact with the child's father for help, all of which can then be used in court in their own favour.

Not in 18 years, so in three years you can get the money for the kids, but not everyone can be happy.The fact that the alimony recipient was just once or lazy to go to court is not a valid reason and does not allow claims to be made for amounts not previously paid.

The rights to maintenance after divorce are as follows:

Unable to work spouses.
Couples caring for a child under three years of age and pregnant women.
The defendant's minor children.
Adult children, provided that they are disabled.

What do you do in that case, and the important thing is, is it possible to collect back alimony from an unfair non-payer?

Many parents, mostly mothers without men's support, may have heard of the possibility of recovering "backline" alimony — that is, over the past period.

The Family Code is also encouraging in this regard – article 107 of the SCK of the Russian Federation stipulates that "backline" alimony can be recovered through a court of law over a period of three years, but only if the complainant proves that he has taken steps to obtain it.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

It is possible, however, to collect ex post facto alimony, which must be governed by article 107 of the Family Code of the Russian Federation, which provides for the possibility of filing an action three years before the appeal.

Voluntaryly without any documentary arrangements.
By signing a maintenance agreement that sets out the amounts and conditions that satisfy the requirements of both parents and that cover the needs of the children.
Having received an executive notice following the delivery of the judgement.

You have the right to claim alimony for the previous three years. With regard to the car, the statute of limitations has actually passed, but this does not prevent you from applying for the division of joint property.

Ex post facto maintenance: may be filed with the court

It is very good if the divorce has ended in a settlement agreement and the parents have agreed, either in court or outside the court, on the payment of maintenance until the child reaches the age of majority.

If this is not the case, the woman has to defend her child ' s rights, and in this case the law is entirely on her side.

What if the ex-husband doesn't help?

Legislative framework

The procedure for the payment of maintenance, the amount of maintenance and much more are regulated in the Family Code of the Russian Federation. Under the law, a parent who does not live together with a child after divorce must pay his or her maintenance until the child reaches the age of 18 years; this fact can be legalized in two ways: by a court decision and by mutual agreement.

What is laid down in the Family Code

If the father does not pay alimony even after the court decision, the second claim makes sense, but a court order to recover maintenance from the defendant must first be filed with the bailiff ' s office.
If there is no court decision, but the former spouses have an agreement to pay maintenance, but the child ' s father has not paid such an agreement, the statute of limitations is irrelevant; thus, the mother may apply to the court for maintenance, regardless of the period that has elapsed since the divorce.
If the father does not pay alimony, but his wife did not apply to the court and did not request the child ' s maintenance, she has the right to file a claim with the court and to demand alimony from him, but payments will be made only from the date of application to the court.
If the father evaded maintenance, did not contact him, did not hide himself from his ex-wife, the child ' s maintenance could be recovered in the last three years, so that the mother of the child could sue for maintenance for the previous three-year period if she proved that she had attempted to obtain the child ' s father ' s money, but he had refused to pay.
In the best case, the claim for maintenance is filed immediately after the divorce and the reference point is the time of filing an application with the court.
If the recipient of the maintenance voluntarily renounced them, she may rewrite the application to the court and resume the payment.

How maintenance is recovered over the past period

This will be about how to recover the child support back, for example, after the divorce, the mother did not apply for maintenance on the grounds that the father had promised to contribute voluntarily to the child ' s maintenance.

If the father has failed to fulfil the promise and, despite the ex-wife ' s demands, subsequently evades the payment of maintenance, she has the right in this situation to bring the claim to court and recover the alimony over the past three years.

And the judge will rule in her favour if she can prove that she really needed help and that she did not receive it from her father.

If the mother has applied for alimony in the event of divorce but has not received any payment, she may go to the court with the bailiff ' s office and demand compulsory recovery for all the years that have passed, without having to reclaim the debtor ' s claim.

Procedure for applying to the courts

For the first time, a mother may bring a claim before a court at any time before the child ' s majority, and after the child ' s application, he may file a complaint himself; the maximum limitation period of three years; accordingly, the mother may claim alimony for the previous period, even after the child has reached the age of majority, i.e. the previous three years.

Which documents should be made available to the court:

Write a statement of claim;
Documents establishing the identity of the complainant and the child;
Evidence that the child lives with and is maintained by the plaintiff;
A statement of the claimant ' s and defendant ' s income;
Evidence that the claimant did not receive financial assistance, such as bank statements, testimony of friends and relatives, audio recordings of telephone conversations, letters, telegrams, text messages.

Further, the decision of the court will determine the amount of maintenance to be paid to the claimant, taking into account the arrears of the period.

And the defendant is not in a better position because it is often the case that he helped his child, for example, by giving money to his wife, but by not taking receipts, or simply buying the necessary things. Such fathers often ask, "How can I prove that I have helped the child financially?"

It was very important to record the transfer of money in a timely manner and to preserve all evidence that the defendant had not refused to assist the former family.

If the defendant has failed to comply with the decision of the court, it is possible to appeal again

When the court ' s decision comes into effect, the defendant undertakes to pay alimony to the plaintiff, but this is not always the case in practice; if the child ' s father does not comply with the judge ' s decision, the mother must apply to the bailiff ' s office to obtain a certificate of the existence and amount of the debt.

All the documents (the list below) should be referred to the court again, but it is no longer a question of the payment of maintenance, but of the recovery of the arrears, i.e. after the judgement, the bailiffs will be able to seize the defendant ' s property, close his journey abroad, etc.

So, which documents will need to be resubmitted:

The plaintiff ' s passport;
Statement;
Children ' s documents, birth certificates or passports after they have reached the age of 14;
A certificate that the children live with the plaintiff;
A certificate from the bailiffs;
The court ' s decision on the award of maintenance;
Evidence that the defendant was avoiding payment and hiding from the plaintiff.

How to calculate maintenance over the past period

Support is usually paid by the second spouse in two ways: a percentage of the income or a fixed amount of money; the second option is relevant if the defendant ' s income is high enough and the percentage of his/her salary exceeds the children ' s domestic needs before they reach the age of majority.

If the defendant had a fixed income in the past period, he or she would be required to submit a certificate of income from his or her place of work for the last three years; the court would then calculate the amount of the legal interest in favour of the plaintiff.

If there is no permanent wage, the amount is based on the minimum wage for the region, taking into account the indexations of the period.

As is the case in practice

Although the statute of limitations is three years old, it is difficult to prove that a child needs money that he or she has not been paid, which is why it is recommended that the issue of alimony be resolved immediately after the divorce and that his or her words be fixed on paper.

It is desirable that the money be transferred to a bank account so that the payer can more easily prove in the future that he has not evaded his obligations.

Otherwise, judicial proceedings are rarely avoided and, if the mother has not exercised her rights, the child takes the initiative upon reaching the age of majority, and is fully entitled to do so by law.

The exception is the fact that the second parent deliberately evaded the payment of maintenance; for example, the father did not contact the ex-wife, nor did he answer the calls and letters.

In the present case, the court will take the mother ' s side, if re-applied, and must take steps to recover maintenance from the debtor, even after the child has reached the age of majority.

And the plaintiff's job is to provide as much evidence as possible in court.

Often asked questions

Many women today face such questions, and there is no clear answer for all because each situation is individual; in most cases, the judge will always have to decide whether or not to recover the alimony back, and if the judge refuses to write the application again, it makes no sense.

But there are cases where the court takes some factors into account.

For example:

If the woman did not file the alimony in a timely manner, but at one point she needed funds for the treatment or education of the child, even if he or she had reached the age of majority, the court would oblige the father to provide his or her child with material assistance, possibly after the statute of limitations had expired.
There are cases in case law where the father did not pay alimony because he was in detention, and his ex-husband is interested in "Can I recover alimony in this case?" This does not relieve him of responsibility for the maintenance of his children, so alimony from a prisoner can and should be required, and not necessarily only after release.
The court sometimes sided with the defendant if, for example, he was unable to work, i.e. a pensioner or a group 1 and 2 disabled person.

In general, a reasonable way to get answers to all of your questions will be to consult with an experienced, qualified lawyer, because each individual situation has many nuances and circumstances, and there can be no one concrete solution for all.