Collection of alimony debt after 18 years

The collection of alimony arrears falls into the category of lengthy and complex processes. This is especially true in cases where the person obligated to make such payments refuses to make them. Increasingly, in practice there are cases when a child support debt arises after 18 years.

Debt for child support after 18 years: basic information

Article 120 of the IC of Russia regulates the obligation of parents to pay money until their children reach adulthood. The Family Code contains articles that provide for cases in which even after turning 18 years old, alimony must be paid. These include:

• officially confirmed disability of the child due to a significant deterioration in health or disability from groups 1 to 3;
• the level of income received by children does not allow them to satisfy the most basic needs (purchase of food, clothing, etc.);
• full-time study at a university (in this case, the debt can be collected until the age of 23).

In essence, an able-bodied adult is deprived of the right to receive monthly alimony, but is not deprived of the right to collect a debt that was incurred earlier and remained unpaid. If we are talking about a disabled child, then he has the legal right to child support payments after 18 years of age and the collection of all debts.

The main axiom of such situations is that all debts incurred during the period of alimony obligations are subject to legal collection and repayment, even if the child is 18 years old. If the debtor for some reason refuses to fulfill the duties assigned to him, coercive measures will be applied to him.

Key collection rules

The collection process is based on two basic rules:

compelling reasons are required to collect alimony. The alimony debt is mostly calculated in monetary terms, and the alimony payer is obliged to make payments on the basis of the following documents:

• a court decision that has entered into force;
• alimony agreement, which is drawn up on a voluntary basis.

The writ of execution is the main basis for starting the process of collecting alimony and accruing penalties/penalties in the absence of any. If there is no alimony agreement or court decision, then the debtor has the right not to pay alimony, since there are no legal grounds for this.

1. concept of limitation period. The general rule of limitation is the wording that the amount of alimony debt that has not been paid for 3 years before the filing of the writ of execution with the bailiffs is subject to mandatory payment and collection. After the expiration of the three-year period after the age of 18, the debt incurred during the period of alimony obligations is not subject to payment.

Functions of bailiffs in collecting alimony after 18 years

Debt for alimony arises only on grounds in the form of a previously concluded alimony agreement or a court decision on this matter. Having such a document in hand gives the recipient the opportunity to contact bailiffs to resolve the issue. They can help you calculate the amount owed and take appropriate steps to ensure legal collection.

Based on the received application, the bailiff carries out the following actions:

• makes a corresponding decision and opens proceedings regarding debt collection;
• carries out the necessary calculations;
• begins work according to the current collection situation.

The bailiff informs the debtor about the facts of the opening of proceedings, the accrued amount of debt and offers to voluntarily fulfill his legal obligations to the children. In parallel with this, information is collected about the amount of earnings/income, place of residence, existing bank accounts, deposits, etc.

In the absence of a positive reaction from the debtor towards making payments on a voluntary basis, the bailiff has the right to take measures for forced collection. Such measures include:

• deduction of the amount of debt from wages at the place of direct work of the debtor;
• seizure of open bank accounts;
• description and seizure of the personal property of the alimony payer.

The entire process of forced collection is under constant control of representatives of the relevant authorities.

The recipient of alimony has every right to demand (in addition to the principal amount of the debt) a penalty for the fact that payment was made late, and this is another 0.5% for each day of delay.

Cases of involvement of court authorities

The recipient of alimony may seek help in resolving the issue directly from the court if:

• disputes arose regarding alimony debt;
• there is a risk of evading this type of responsibility (even after 18 years the debt remains);
• lack of results from the work of bailiffs.

During the trial, the necessary calculations and official recognition of the amount of debt are made. The decision made specifies all the important parameters, measures and conditions of repayment. These may include:

• seizure of bank accounts for the purpose of further withholding the amount of all debt;
• description of the seized property and its sale to pay off the debt;
• official transfer of property to children to offset existing debt.

Debt forgiveness

Gone is the concept that child support debt evaporates when the child turns 18. It does not disappear and remains with the debtor parent.

There are cases when an adult recipient forgives his irresponsible parent all debts. Moreover, this is not done verbally; you need to contact the bailiffs.

An important condition is the presence of full legal capacity of children and the absence of facts of pressure from one party or another.

Exemption from alimony penalties

Such options are also provided for by law, and the debtor has the right to apply to the court for relief from paying debts. As evidenced by cases of judicial practice, such requests are subject to partial satisfaction and only on the basis of good reasons, which may include:

• serious illness (presence of an official doctor’s report);
• difficult financial situation;
• significant changes in marital status (for example, the birth of children in a new marriage).

During the process, the court considers all the reasons and the degree of their influence on this request on the part of the debtor, as well as the evidence provided. If the request is partially satisfied, a decision is made, which must be transferred to the bailiffs, and the amount of the debt is recalculated in accordance with the new parameters.

What to do if your child turns 18 and still owes child support?

Part 2 Art. 120 of the RF IC states that funds for the maintenance of a child must be paid until he reaches the age of eighteen or is recognized as fully capable earlier (emancipation).

The main condition for stopping payments is that the child has the opportunity to support himself. However, despite the fact that by a certain age of the dependent the obligation to pay him alimony ceases, the same cannot be said about the debt.

So, what should you do if your child turns 18 and still owes child support?

Debt for child support after 18 years of age, established by agreement and court

An adult child, if he is able to work, has the right to make a demand for repayment of his alimony debt, and if he is not able to work, then for the continuation of regular payments to him. The Family Code provides for cases in which alimony is paid after the age of 18: this is a disability of 1-3 groups, or the child has a meager income that is not able to cover the most minimal expenses.

If a settlement alimony agreement is signed between the parties, the termination of the transfer of funds occurs in accordance with the points specified in it. Quite often, a parent does not suspend the provision of financial assistance to their children after they turn 18, because at this age they are undergoing training and can hardly support themselves.

Compensation for child support arrears must also be specified in the parents' agreement. It is possible to repay the debt in double the amount, or together with a penalty, or after the children reach adulthood, the debt is completely forgotten. According to the court, funds are collected from the debtor on a general basis, with the payment of a penalty, regardless of the period of delay.

Who collects arrears of alimony after 18 years of age?

If the court has ordered the payment of dependent children's funds, there is no specific time limit for the claim and collection of the debt. It must definitely come true, with the caveat that the official recipient will be an adult child, and not his second parent.

How to collect arrears of child support after reaching adulthood? There are many different ways to recover funds from a debtor. For example, foreclosure may affect the property and rights of the owner. In some cases, the payer's real estate and other property may be seized and sold at auction. In case of malicious violation of obligations, criminal punishment is possible for the debtor.

In the event that there is no alimony agreement between the parents and a court order, a citizen who has reached the age of 18 has the opportunity to claim the balance of funds from the parent who did not live with him.

To do this, you need to go to court and obtain a special document - a writ of execution or sign an agreement with this parent.

In this situation, the plaintiff must be the child himself, and not the person with whom he lived.

In addition, there is a limitation on the statute of limitations: a citizen can claim alimony debt from the payer only for the last 3 years before reaching adulthood.

A number of experts agree that the claim should still be filed by the parent with whom the child lived under 18 years of age, because It was he who did not receive financial assistance and provided support for the dependent practically “on credit.” On the one hand, this decision is fair, but currently the courts insist on the children themselves filing a claim. The claim contains the following information:

• coordinates of the court;
• information about the defendant and plaintiff;
• dates of registration of marriage and divorce of parents;
• information about dependents and alimony established for them;
• amount of debt;
• calculation of penalties;
• appeal to the court with a request to recover funds;
• list of documents attached to the claim.

The court clarifies the circumstances, during which the level of financial security of both parties is established, as well as the factors that led to the emergence of the debt. If it turns out that the unpaid debt occurs due to the untimely transfer of funds to the defendant by the employer or other organizations, it is possible to cancel the payment of the penalty.

According to Article 113 of the RF IC, you can apply to the court to collect a debt, without taking into account the statute of limitations, if the fact of deliberate failure by the alimony payer to fulfill its obligations is proven.

The case when persons who have not applied for it before try to demand alimony is subject to separate consideration.

Judicial practice knows cases when, until the child came of age, one of the parties did not file a claim in court and did not sign an agreement.

The reasons for stopping the execution of proceedings to collect alimony debt are indicated in Art. 43 RF IC. In addition, it states that it may be terminated under other legal conditions.

Often, bailiffs suspend proceedings, citing the child’s majority. Such actions are illegal! The case is not closed because... payment has not been transferred in full. The information letter dated March 13, 2009 provides more information about this. Then the question arises: how to achieve payment of alimony arrears?

In this case, lawyers recommend influencing the bailiff service employees or going to court with a demand for a penalty.

Activities of bailiffs in debt collection

One of the documents (court decision or alimony agreement) must be handed over to the bailiffs. The bailiffs, in turn, calculate the funds and the collection of alimony debt begins to be executed.

The duties of bailiffs after receiving a document from the recipient include:

• making a decision and opening a case for debt collection, according to the writ of execution;
• calculation of the amount of debt;
• commencement of collection proceedings

Let's consider the procedure for collecting alimony debt. Initially, the executors send the payer a notice of the commencement of the case and offer to repay the debt voluntarily. At the same time, they collect information about the debtor’s place of employment, his earnings, availability of bank accounts, and property.

If there is no reaction from the parent evading payment of child support to the information received, the bailiffs are obliged to begin collecting funds forcibly, namely:

• retention of earnings at the official place of work of the alimony payer;
• seizure of existing bank accounts;
• description of property and seizure of it

Collection of alimony debt is personally controlled by bailiffs. The penalty to be collected by the alimony recipient for each overdue day is at least 0.5% of the monthly payment.

If the debtor completely refuses his obligations, the inquiry officers may open a criminal case under Article 157 of the Criminal Code of the Russian Federation. This article specifically spells out the penalties that a persistent defaulter may receive. These include correctional labor for up to 1 year, arrest for up to 3 months, or detention for up to 12 months.

In what cases is alimony debt forgiven?

No matter what age a citizen reaches, receiving alimony debt from one of the parents is his legal right, which can be exercised at any time. If the child is already eighteen, the payment debt cannot simply be canceled.

If the payer is an individual entrepreneur or has other types of profit, he can decide to pay a sum of money voluntarily, otherwise the recipient will need the help of bailiffs.

Only in the event of the physical death of the alimony payer or recipient is it possible to completely terminate the obligation to pay the debt. However, responsibility for paying off the debt after the death of a parent can be assumed by his heirs, if the child so desires.

Only an adult child himself can forgive the payer for arrears of payments in his favor. He needs to inform the bailiffs conducting the proceedings about this.

After the alimony recipient’s refusal to pay money is formalized, the case will be closed. The consent of the person with whom the child under 18 years of age lived is not required.

The decision as to whether the irresponsible parent will pay the debt or not is made by the former dependent, who is legally competent.

In what cases can the debt be reduced at the request of the payer?

Even if a parent does not pay child support, he has the right to apply to the court with a request for a partial reduction in the amount of his debt. However, such a procedure is possible only in the event of a serious illness of the debtor or his extremely difficult financial situation.

If the circumstances indicated by the defaulter are recognized by the court as valid, then the parent may be accommodated. Under this condition, the debt being collected will be partially written off from him, and a recalculation will be made by the bailiffs in relation to the amount required to be paid.

Child support debt after the child turns 18

In accordance with the provisions of the Family Code of the Russian Federation, the obligation to pay alimony for the maintenance of a child rests with the parents until the person turns 18 years old. Evasion of the alimony payer from direct responsibilities may entail not only the formation of alimony arrears, but also bringing the debtor to justice. Due to the accumulation of arrears in alimony payments, many debtors are interested in the question of whether alimony arrears remain after the child reaches adulthood. The publication proposed for consideration will help to understand the relevant situation.

According to the law, in the event of divorce between the parents of a minor, the spouse who does not continue to live together with the child is obliged to pay alimony for the maintenance of the common child until he turns 18 years old. In the absence of valid reasons for collecting alimony payments after 18 years of age, the parent has the right to stop providing financial support to the person.

However, if at the time of the alimony payer’s obligations, the citizen avoided providing financial assistance to the child, a child support debt is formed.

Child support arrears continue to apply after the child turns 18 years old.

It follows from this that in case of non-payment of the debt, the recipient of alimony payments has the right to initiate enforcement proceedings and collect funds forcibly.

It must be remembered that the procedure for collecting arrears of alimony after a child reaches 18 years of age has a number of features:

• To collect a debt for child support payments after the child turns 18, you must have a legal basis. Such a basis may be one of the following documents: an alimony agreement, a court order or a writ of execution. In the absence of the specified documentary basis, it is considered that the recipient of alimony does not have the right to initiate the process of collecting debts after the person reaches the age of majority. The reason for this is the absence of the fact of debt formation;
• It is allowed to collect alimony debt after the recipient of payments turns 18 years old only within three years from the date of majority of the person. This means that after 21 years the statute of limitations expires;
• It is important to note that the claimant has the right to count on receiving debt that was formed exclusively in the last three years before the moment of applying to the FSSP;
• When calculating the amount of debt to be collected, the size of the subsistence level in a particular region of the Russian Federation must be taken into account if alimony was paid to a person in a fixed amount before the age of 18. If payments were made as a percentage of the alimony payer’s earnings, the citizen’s then or current income is taken as the basis for the calculation;
• If the debtor does not have a permanent place of work, the average minimum wage in Russia is taken as the value for calculation;
• In addition to the principal amount of the debt, the recipient of alimony payments has the right to demand the recovery of a penalty in connection with the untimely provision of financial assistance. The amount of the penalty is equal to 0.5 percent of the debt for each day of late payment.

Debt collection procedure

If the alimony payer remains in arrears on alimony after the child turns 18, then, if there is an appropriate documentary basis, the person interested in the process has the right to collect the money. The following have the right to act as a debt collector for alimony payments:

• Recipient of alimony who has reached 18 years of age;
• One of the parents or legal guardian;
• Guardianship and trusteeship authorities.

In most cases, the child who has reached the age of 18 is the debt collector for child support.

In order to receive the funds required by law, the initiator of the process must contact the territorial branch of the Bailiff Service with a writ of execution.

An authorized representative of the FSSP is obliged to calculate the amount of the debt and take measures to collect funds.

Bailiff's procedure:

• After receiving an application for collection of alimony debt after 18 years, the authorized representative of the FSSP is obliged to open enforcement proceedings on this issue and issue an appropriate resolution;
• The amount of debt for alimony payments is calculated;
• The bailiff is obliged to prepare information about the debtor’s activities, find out about the availability and amount of official earnings, and obtain information about the real estate owned;
• Sending a resolution to collect alimony debt to the debtor for review and payment of funds on a voluntary basis.

If the debtor refuses to pay arrears of alimony for a child who has reached 18 years of age, forced collection of the debt follows.

The following measures can be used for this:

• A citizen’s bank accounts are seized;
• Confiscation of property and its subsequent sale at auction;
• Withholding funds from the debtor's monthly salary.

Responsibility for the process of collecting debt for alimony payments after the child turns 18 rests with an authorized representative of the Federal Bailiff Service.

Another way to collect funds is to file a claim with the court to collect arrears of alimony after 18 years of age.

This method of collecting debt is relevant if bailiffs are inactive in the case of collecting arrears of alimony payments.

In addition, it is recommended to contact a judicial authority if there is a high probability that the debtor will avoid the obligation to pay the debt.

The content of the statement of claim must reflect personal and contact information about all participants in the process, the basis for applying to the judicial authority, and the applicant’s requirements.

The following documents are attached to the claim:

• Document confirming the identity of the plaintiff;
• Documents certifying the existence of family ties between the plaintiff and the applicant (birth certificate of the child, certificate of marriage and divorce of parents);
• A writ of execution (or alimony agreement or court order), which will confirm the plaintiff’s right to demand collection of alimony debt after the child turns 18;
• Certificates of income of the plaintiff and defendant;
• A document containing the calculation procedure and the amount of debt;
• A medical certificate indicating that the plaintiff has health problems (if necessary);
• Power of attorney, if the interests of the plaintiff are represented in court by an attorney (if necessary);
• Other documents relevant to the case.

During the trial, the amount of alimony debt is re-calculated. The document, which acts as a court decision, notes the amount of the debt and also lists the measures that must be taken against the debtor to receive funds. Among them:

• Seizure of bank accounts;
• Deduction of alimony debt from the debtor's salary;
• Seizure of the property of the alimony payer and its subsequent sale to return funds to the child after 18 years of age;
• Providing an adult child with rights to the debtor’s property in payment of a debt.

At the end of the court hearing and receiving a court decision that has entered into force, the claimant is obliged to go to the Bailiff Service to take measures to return the alimony debt after 18 years. In case of inaction of authorized persons, you can file a complaint with the FSSP or file a statement of claim, detailing the essence of the problem.

Exemption from debt payment

It must be said that the law not only gives the recipient of alimony payments the right to demand payment of the alimony debt after he turns 18, but also provides the debtor with the opportunity to write off the debt. Exemption from payment of arrears of alimony can be obtained only after filing a claim or petition in court and if there are legal grounds.

List of legal grounds for obtaining exemption from payment of alimony debt after 18 years of age:

• Serious health problems;
• If the citizen is dependent on other recipients of financial assistance;
• Lack of a job or opportunity to find a new job.

During the trial, the judge is obliged to familiarize himself with the arguments of the parties and consider the evidence presented by the participants in the case. If the defendant’s position is convincing, the debtor may be released from the need to pay the debt or part thereof.

In addition, the case of collection of debt for alimony payments will not be considered if:

• The debtor has died or gone missing;
• The document on the basis of which alimony was collected until the child turned 18 was declared invalid;
• The debtor does not have any property that can be used to pay the debt.

It is important to note that if the alimony payer has died, the heirs of his property are not required to continue paying alimony or the debt. Similarly, if the recipient of the payments dies, his heirs do not have the legal right to demand the return of alimony arrears.

Payment of alimony arrears after 18 years

The current legislation of our state obliges the parents of the child to provide him with financial support until he reaches the age of majority.

This rule is also valid for those persons who are divorced or do not live together for any reason. In such a situation, the parent with whom the child does not live is obligated to pay child support.

But what to do if the alimony debt remains, and the child is 18 years old, and how to still collect the alimony debt after 18 years - we will figure it out below.

There are situations when debt collection is initiated when the child has already reached the age of majority. This can happen due to various circumstances. It is worth considering in detail the collection procedure if the child support debt remains and the child is 18 years old.

On what grounds can debt be collected?

As already mentioned, the legislation of the Russian Federation, namely the Family Code, states that every child under eighteen years of age has the right to receive financial support until adulthood. However, this does not mean that he will cease to need finance after achieving it.

Costs of studying, food, etc. There are a lot of expenses. That is why the law provides for the possibility that through the court it is possible to collect arrears of alimony after eighteen years of age, which arose during periods before the child came of age.

Naturally, there are some limitations in this procedure. In particular, one of them concerns the time frame within which it is possible to receive the funds due. Collection of arrears of alimony after 18 years of age is forcibly collected from the alimony provider who did not fulfill his duties only three years before the child reaches adulthood, that is, for the periods from 15 years to 18.

Child support arrears after the child comes of age are collected through the court or bailiffs if one of the following documents is available:

• verdict of a judicial authority imposing obligations to pay alimony;
• a notarial agreement concluded between the payer and recipient of alimony on a voluntary basis, without the participation of state executive authorities.

In the absence of these documents, child support debt after 18 years cannot be paid under any circumstances.

In addition, the court has the right not to accept a claim for collection of arrears of alimony after the age of 18, when the child is recognized as fully capable.

This is established if he conducts labor or business activities that provide him with stable financial security and income that allows him to do without financial support from his parents.

Debt for child support obligations after 18 years of age - what is it?

Before considering the answer to the question of how to collect alimony debt, you need to understand the concept of debt. According to the information specified in Art. 120 of the Family Code of the Russian Federation, the obligation to transfer the described payments rests with the child’s parent until he reaches the age of majority. Later they stop.

Important! The legislation implies possible payment of alimony arrears even after 18 years of age.

Moreover, if a citizen refuses to pay it voluntarily, the court has the right to force it. There are some rules that must be followed to carry out the described procedure.

Rule #1 - Reasons

Alimony arrears are amounts of money unpaid by a citizen that should have been deducted on the basis of one of the following documents:

• verdict of the state judicial authority on the obligation to pay alimony;
• voluntary agreement of the parties, certified by a notary.

Accordingly, collection of existing debt is possible only if there is documentation confirming the fact of non-fulfillment of obligations by the payer.

For example, if the parents’ divorce was registered one or two years before the child came of age. Until he turned eighteen, no demands for alimony were made. Therefore, receiving the money due after reaching adulthood will be impossible due to the lack of grounds for this, from a legal point of view.

Rule No. 2 - Limitation period

If there are grounds for applying to the judicial authority with an application for collection of alimony debt in relation to an already adult child, the statute of limitations is valid for a three-year period.

That is, if the conditional father did not pay child support within seven years before the child turned eighteen years old, then through the judicial authority it will be possible to receive only the amount of debt that arose in the previous three years before the child turned eighteen years old.

Collection of arrears on alimony obligations after reaching adulthood through the FSSP

How to collect alimony debt after 18 years? This process can be carried out in two ways:

• through the institutions of the judiciary;
• through the Federal Bailiff Service.

It is worth dwelling in more detail on the question of how to collect alimony debt if the child is over 18 years old by contacting the FSSP. Firstly, the recipient, or rather the “non-recipient”, of alimony payments will need to apply with a document on the basis of which the citizen was obligated to transfer the described payments to the FSSP department.

Secondly, after its adoption, bailiffs carry out the following actions:

1. A resolution is issued to open enforcement proceedings, according to which the debt will be collected.
2. Calculate the amount of debt with an additional penalty.
3. Activities to collect the debt begin.

Initially, the defaulter is sent a written notice of the start of enforcement proceedings against him. Next, the responsible employee of the Federal Bailiff Service collects basic information about the citizen.

This is:

• place of work;
• information about the amount of income received;
• information about existing bank accounts, property, etc.

How is a child support debt forcibly collected if the child is over 18 years old? After the start of the proceedings and completion of all the measures described above, in the event of refusal to fulfill the demands made by the alimony provider, the bailiff has the right to begin the procedure for forced collection of the debt.

It is carried out by:

1. Sending a notification to the place of employment of the defaulter about the collection of a certain part of the citizen’s wages in payment of arrears on alimony obligations.
2. Seizure of bank accounts.
3. Seizure of the debtor's movable and immovable property.

In addition to the principal amount of the debt, in the event of forced collection, the plaintiff has the right to make claims for payment of a penalty.

Important! The amount of the penalty is 0.5% of the remaining debt for each overdue day.

Exemption from the obligation to repay debt

In some situations, it will not be possible to collect arrears of alimony after 18 years of age, or it will only be possible partially. This happens when the defaulter files a counterclaim in court to remove the obligation to pay alimony. However, this is only possible if the non-payment occurred for valid reasons. These include:

• delay of wages due to the fault of the employing organization;
• loss of a permanent source of income subject to registration with the Central Tax Service;
• illness or injury requiring long-term expensive rehabilitation, and other factors beyond the control of the payer.

If the alimony claimant’s counterclaim is satisfied, and the court recognizes the reason why he did not fulfill the obligations assigned to him as valid, then the debt may be partially or completely written off.

In such a situation, the principal amount of the debt is recalculated and a new installment schedule of alimony payments is drawn up, taking into account the financial capabilities of the payer.

Statement of claim for collection of alimony debt (sample)

The initiation of legal proceedings to collect alimony debt from a former spouse is carried out by the second parent by submitting an appropriate application to the court.

There is no standardized form for drawing up the document. In this regard, it can be filled out on a regular A4 sheet in compliance with generally accepted rules for conducting business correspondence.

The application shall indicate the following information:

1. Full name of the judicial or executive authority to which the application is submitted.
2. Personal information of both parties to the proceedings (full name, registration address, place of work, contact phone numbers, etc.).
3. Amount of debt.
4. Information about the document on the basis of which the defaulter is obligated to transfer alimony payments.
5. Information about the child in respect of whom the obligation to pay child support has been assigned.
6. Information about funds paid.
7. The requirements for the judicial authority are debt collection.
8. List of attached documentation.
9. Date of application and handwritten signature of the applicant.

Along with the application, the following package of documentation must be provided as an attachment:

• passport or other document identifying the applicant;
• birth certificate (if not available, a certificate from the civil registry office);
• initial court decision imposing obligations to pay alimony;
• certificate from bailiffs about the calculated amount of debt;
• other certificates, certificates, etc. confirming the fact of evasion from paying alimony;
• receipt for payment of state tax collection.

In addition to the originals of the described documentation, the applicant will need to provide copies of the number of parties directly involved in the trial.

Child support debt after the child's 18th birthday

Alimony debt is a sum of money that arose due to the fact that the debtor (one of the parents or guardians) did not meet the obligations established in an official document.

This may be an appropriate writ of execution, a court order or a voluntary agreement.

The accumulated debt must be paid, even if the child to whom the funds were transferred is 18 years old.

It is necessary to distinguish between periodic alimony payments and accumulated debt based on amounts that have not been paid.

In the first case, in accordance with the Family Code of the Russian Federation (Article 120), upon the child’s eighteenth birthday or recognition of his full legal capacity, as well as when the dependent is able to support himself, the obligations cease.

There is no need to contribute funds in the future; however, the child support worker is not exempt from paying the debt accumulated before reaching adulthood.

Collection upon reaching 18 and 21 years of age

If a dependent is over 18 years old and the arrears of officially established alimony have not been paid in full, then he has the right to collect it. This should be done by an adult, capable citizen himself, and not by the second parent who received money for his maintenance.

The debt is compensated in accordance with the terms of the document stipulating the receipt of alimony. If this is an agreement between the parents, it is permissible to provide for a penalty for late payment or non-payment of obligations until the child reaches adulthood. In this case, you must pay that too.

The procedure for collecting debt after reaching the age of majority is the same for everyone. Upon reaching 21 years of age, a grown child must act according to the general rules.

As the RF IC states (Article 113), you can go to court with a statement without taking into account the statute of limitations, if you can prove that the debtor intentionally failed to fulfill his obligations. Even if the defaulter is deprived of parental rights, he is obliged to pay his obligations.

Intentional and unintentional failure to fulfill alimony obligations

The most important point in collection is determining the cause of the debt. If the actions were unintentional, the debt arises through no fault of the alimony payer, and he can point this out to the court. Evidence of a deliberate nature of evasion is:

• prolonged non-payment of alimony debt;
• evasion of the alimony payer from communicating with the recipient (parent, adult child) and bailiffs;
• concealment of place of employment, salary, understatement of real income;
• change of address, place of work;
• dismissal without searching for a new job or registering with the employment center, and so on.

In case of deliberate debt, bailiffs have the right to apply measures to the debtor within the framework of one of the types of liability - civil (a fine is established for the debt for each day of delay in accordance with current legal norms), administrative, when a fine of 1000 rubles is added to the fine, or criminal . In the latter case, the defaulter will face correctional/forced labor, arrest and even imprisonment.

If one of the parents (usually husbands) deliberately does not pay the alimony debt, the bailiffs use a variety of enforcement measures - auctioning off property, seizing accounts.

However, collection without a statute of limitations is possible only if there is a court decision on it. If it is not there, you need to obtain a special order or writ of execution from the court. In this case, the limitation period will be 3 years preceding the 18th birthday.

The grown child himself should receive the documents, and not his second parent/guardian.

Procedure for claiming and paying alimony debts

If you have to file a claim, the grown child must do it himself. The document must indicate information about yourself and the alimony payer, the dates of registration of marriage and divorce of parents, information about alimony and the amount of debt with a penalty.

A package of supporting documents must be attached to the request for recovery. Once a court decision is received, it (or, if there is one, a voluntary alimony agreement) is transferred to the bailiffs.

They must calculate the amounts and develop the execution procedure.

The process, as a rule, moves slowly, and it is advisable for the plaintiff to control it - independently or with the support of experienced lawyers specializing in debt collection.

It is necessary to write an application to the Bailiff Service, indicating in it the document basis for collection, the date from which the debt arose.

After receiving the documents, the executors are required to make a decision and, on its basis, open a case to collect the debt.

At the beginning of the proceedings, the bailiffs send a notice to the alimony payer with an offer to voluntarily pay off the debt.

If the alimony payer does not respond to the offer to repay the debt, the bailiffs will forcibly collect it. They:

• withhold part of the earnings at the defendant’s official place of employment;
• his bank accounts will be seized;
• describe movable and immovable property and seize it;
• If the defendant completely refuses to fulfill his alimony obligations, a criminal case is opened.

Is it possible to pay off alimony debt in installments?

If the debtor can prove that his regular income is not enough to fully repay the amount, he has the right to receive an installment plan to repay the debt in installments.

It is necessary to provide the court with information about the “deplorable” property situation, circumstances that make full payment difficult.

If possible, it is advisable to voluntarily repay part of the amount before enforcement proceedings are initiated.

You need to contact the court that heard the case and issued a writ of execution. When a decision is made by an appellate, cassation or supervisory body, it is necessary to go to the court of first instance. To receive an installment plan, the defendant submits an application and attaches to it:

• listing the reasons for the installment plan - for example, a certificate of serious illness of the debtor or his dependents;
• preferred debt repayment schedule - in the text of the application or on a separate sheet, with dates and amounts;
• confirmation of the amount of regular income in form 2-NDFL or in another possible form;
• confirmation of the amount of mandatory/regular expenses - agreements on an unpaid loan, utility receipts, medical bills, and so on.

Debt collection upon death of the debtor

In the event of the death of the payer, alimony arrears are subject to payment. Responsibilities for repaying the accumulated debt are assigned to the official successors of the defendant, and are distributed among them in accordance with their shares in the inheritance.

The obligation concerns exclusively the amount of debt, and not regular payments to minor dependents (they cease upon the death of the alimony payer).

The remaining total unpaid alimony debt, like any other, must be repaid by the legal successors.

Is it possible to forgive or sell alimony debt after 18 years of age?

Upon reaching 18 years of age, the child has the right to decide whether to collect the debt from the heirs or terminate this obligation. An adult dependent can have their debt forgiven not only in the event of the death of a parent/guardian.

If a peace agreement on alimony is signed between the parties, it is possible to stop payments. This is decided solely by the legal recipient of the debt - the child (the consent of the second parent is not required).

According to the Civil Code of the Russian Federation (Articles 383 and 388), it is impossible to sell a debt. Alimony payments are transferred only in the manner prescribed by law for rights inextricably linked to the person. Therefore, assignment and sale of debt to third parties is impossible (see Article 383 of the Civil Code of the Russian Federation).

Alimony and other debts - what is priority?

If there is a queue of plaintiffs (for example, when starting bankruptcy proceedings for an individual), debts are repaid in the standard manner for forced collection. Alimony is included in the second priority and is paid after capitalized funds for causing harm to health and life. Other loan debts are of lower priority.

Obtaining alimony in any situation is an unpleasant, complex, protracted process. The “Effective Collection Center” will help you to receive the amount due on your debt with minimal time and effort, legally and in the shortest possible time. Lawyers specializing in family law and collection of alimony debts will advise you and provide all the necessary support.

The Supreme Court told how to collect alimony debts

What to do if the children have grown up, but the father has not paid child support for them? Can a mother who has supported everyone from her own funds for more than 20 years count on compensation? Both the bailiffs and the courts of two instances insisted that now the children themselves must exercise their right to receive money. However, the Supreme Court found this approach to be erroneous.

In 1991, Inna Esina* collected alimony from Igor Volovikov* in court for the maintenance of their common children. Enforcement proceedings in this case were initiated several times, but Volovikov’s alimony debt was never repaid. In 2016, when the children had already reached adulthood, Esina once again applied to initiate enforcement proceedings, but was refused. The bailiff explained: the writ of execution is not subject to execution, since children who have reached the age of majority are recognized as civil plaintiffs for the collection of alimony, and not Esina herself (Clause 11, Part 1, Article 31 of Law No. 229-FZ). It was they who were recommended by the bailiff to go to court to replace the writ of execution.

Instead, Esina decided to appeal the decision of the Federal Bailiff Service. She indicated that she had practically single-handedly borne the costs of maintaining the children she shared with the debtor for more than 20 years.

Since the appeal did not bring results, Esina filed an administrative claim with the Central District Court of Khabarovsk, and then with the Khabarovsk Regional Court, but failure awaited her there too.

The courts proceeded from the fact that the child to whom alimony is owed is actually recognized as the owner of this alimony. Parents are only stewards of money. As a general rule, the rights of parents as legal representatives terminate when their children reach 18 years of age.

The courts noted: if the right of a minor child to receive alimony in full was not realized before this age, then after its onset he can exercise it independently.

When the case reached the Supreme Court, it pointed out: the legislation does not provide for such a basis for replacing the claimant in enforcement proceedings as the child reaching the age of majority for whose maintenance alimony was collected.

Consequently, the bailiff unlawfully refused to initiate enforcement proceedings against Esina. Therefore, the Supreme Court canceled the acts of the lower courts and sent the administrative case for a new trial to the court of first instance with a different composition (No. 58-КГ17-19).

The case is currently pending.

• PLAINTIFF: Inna Esina*
• RESPONDENT: Department of Bailiffs for the Industrial District of the Federal Bailiff Service of Russia in the Khabarovsk Territory
• ESSENCE OF THE DISPUTE : On declaring the decision of the bailiff illegal
• COURT DECISION: The acts of the lower courts are cancelled, the administrative case is sent for a new trial to the court of first instance with a different composition of judges

“The ruling of the Supreme Court correctly states that a feature of enforcement documents on the collection of alimony is the periodic nature of payments. The argument that payment of arrears of child support in favor of a parent stops when the child reaches the age of majority is based on an incorrect interpretation of the law.

After all, arrears of alimony for previous periods are collected from the debtor, and alimony is not accrued after the child reaches adulthood (No. 33a-32555/2017).

However, in fairness, it should be noted that most of the previously established law enforcement practice still runs counter to the stated position of the Supreme Court (No. 33a-26219/2017, No. 33a-5893/2016),” said the senior lawyer of Kovalev, Tugushi and Partners » Ksenia Stepanishcheva. “In fact, the child has the right to claim not the parents’ money, but the fulfillment of their maintenance obligations.

From this point of view, it is impossible to consider alimony as the property of the child. The Supreme Court rightly pointed out: the parent who supported the child actually bore the costs for the second parent, who did not fulfill the corresponding obligation.

This is still quite a familiar picture, but it is not clear how the resolution stood up in court. The Supreme Court quite rightly notes that the collection of debt is of a compensatory nature - after all, it arose when the children did not reach the age of majority, and the mother was responsible for their maintenance independently. At the stage of enforcement proceedings, it is necessary to execute the court decision that has entered into force, and not to determine who is the proper plaintiff,” says Dmitry Drobyazko, a lawyer at the National Law Firm “Mitra”.