Is it possible and how to withdraw a writ of execution for alimony - consequences of revoking a writ of execution for alimony

Last modified: May 2023

There are often situations when the alimony payer promises to pay more than what is required according to the documents. However, in order to fulfill their promise, payers ask to revoke the writ of execution for alimony.

Or, on the contrary, they explain their request by saying that the writ of execution puts them into a “deeper debt hole,” since if the amount of debt is not paid on time, then confiscation of property will follow, and possibly criminal prosecution.

What happens if the writ of execution is revoked? What will happen to child support arrears? Is it possible to resume the collection of money for the child after the revocation? About all this in the article below.

Everything about the revocation of the writ of execution for alimony

Also, according to Part 4 of Art. 21 Federal Law No. 229, writs of execution received on the basis of court decisions can be again presented to the FSSP body for execution throughout the entire payment period, and within 3 years for the restoration of the missed deadline.

Revocation occurs only at the request of the alimony recipient, but it is also worth considering that it is possible to suspend the collection procedure, which can occur at the initiative of the payer, bailiff or court. These norms are regulated by Art. 39 and Art. 40 Federal Law No. 229.

Quite often the suspension occurs by the bailiff carrying out the proceedings rather than by the court. Since the bailiff, when carrying out measures to collect n-th amounts from the debtor, is in direct contact with him, and therefore observes his lifestyle and ability to pay the debt.

Reasons for suspension may include:

• limited legal capacity or incapacity of the payer;
• performance by the debtor of any tasks during a state of emergency or martial law as part of any military formations created accordingly. with the legislation of the Russian Federation;
• the payer is on a business trip (mandatory for a long period);
• applying to the court for clarification of the points of the writ of execution (the alimony recipient, the payer, the bailiff can apply to the court).

• A more complete list of reasons for suspending alimony collection proceedings can be found here and here.

Revocation procedure

1. The application does not have a clear form, since it is filled out in a free (free) form and in each individual city or region the application may differ slightly.
2. However, this document must contain the following information:

• Name of the authority where you applied (ROSP, FSSP, OSP).
• Details of the person collecting alimony and the payer.
• The number of the regulatory legal act (its details) on the basis of which the writ of execution was issued (for example, the number of a court order or a decision of an administration official).
• The essence of the request for the return of the writ of execution.
• The request must be substantiated by reference to Art. 46 Federal Law No. 229.
• Date and signature of the applicant.

Consequences of the recall

 

The debt that was incurred by the payer does not disappear anywhere and is not cancelled. The obligation to pay the debt remains, it’s just that previously the payment of the debt under the writ of execution implied a forced form (confiscation, forced deduction from income, etc.), which, after revocation, is replaced by a voluntary one.

Please note: after the writ of execution is revoked, the amount of the debt remains unchanged and cannot be increased, since the enforcement proceedings have been terminated/suspended. This means that if the payer continues not to pay alimony, and the revocation has already been made, then the amount of the debt will not be increased.

If, after the revocation, the payer continues to evade payment of benefits, then he should contact the FSSP authorities with a corresponding application to re-submit the writ of execution and indicate in it the fact that money has not been received into the account. The amount of debt is recalculated for no more than the previous 3 years. The application must be accompanied by a history of banking transactions from the period of withdrawal to the day of application, as evidence of the absence of receipt of alimony payments.

Read: What are the consequences of non-payment of alimony?

Conclusion

Before you meet the payer halfway and pick up the writ of execution, ask why and why he needs it. What is the payer guided by? If the application to revoke the writ of execution has already been processed and entered into force, and the payer continues to evade its obligations, then the enforcement proceedings can be resumed.

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How to revoke a writ of execution for alimony?

Alimony legal relations are formalized voluntarily and compulsorily. In both cases, if the payer fails to fulfill his obligations, the recipient has the right to turn to the bailiffs to enforce the instructions of the agreement or court decision. Sometimes parents reach an agreement, and then the question arises whether it is possible to take the writ of execution from the bailiffs or whether this is prohibited by law.

Family law establishes the right of the recipient of alimony to voluntarily terminate the collection of funds for child support by revoking the writ of execution. The claimant can at any time apply to the bailiff to resume proceedings if at the time of the application the recipient of alimony is under 18 years of age.

Reasons for revoking a writ of execution for alimony

Revocation is a voluntary decision of the recipient of alimony. The decision to refuse should not be made due to any illegal actions of the alimony obligee.

Reasons for terminating enforcement proceedings for the collection of alimony:

1. Having achieved reconciliation between the spouses, they independently determined the obligations of each of them towards each other and the child. An agreement has been concluded to pay alimony and/or debt on a voluntary basis.
2. The recipient of alimony refuses funds to provide for the needs of the dependent, because he is independently able to provide comprehensive care for the child. In this case, the recipient’s earnings must be significantly higher than the earnings of the alimony obligee.
3. The negative psychological impact of receiving child support on the parent caring for the child. A feeling of dependence and fear when receiving money, in particular due to reproaches or humiliation by those obligated for alimony.
4. The alimony payer agrees to transfer real estate into the ownership of the child, the market value of which exceeds the alimony obligations for all years of validity of the enforcement documents.
5. The alimony obligee transfers to the alimony recipient a large amount of money to meet the needs of the child, if it is equal to or exceeds the hypothetical amount of alimony obligations for the entire period of collection.
6. The alimony payer works unofficially, but invites the recipient to transfer funds to support the child depending on his income. A corresponding application is drawn up addressed to the manager so that the company independently transfers the amount of payment established in the application to the alimony recipient.
7. Reaching an agreement on mutual claims. The recipient refuses enforcement proceedings for the forced collection of alimony, while the payer gives permission to take the child abroad or agrees to transfer the rights of the parent to third parties.
8. Other circumstances that do not contradict current legislation. Any circumstances contrary to the rules of law are grounds for the resumption of enforcement proceedings without the consent of the claimant. The initiator may be the guardianship and trusteeship authorities.

How to collect a writ of execution from the bailiffs?

This is also important to know: Mortgage and child support

The alimony claimant must contact the FSSP department with an application to revoke the writ of execution. Documents are attached to the application and the basis for termination of enforcement proceedings is indicated.

Contents and sample application for revocation of a writ of execution:

1. About the territorial body of the FSSP to which the applicant applies.
2. Personal data of each party.
3. The name of the document submitted to the bailiffs.
4. The start date of forced collection of alimony.
5. Grounds for termination of enforcement proceedings.
6. Agreements between the payer and the recipient of funds, if any.
7. Date of compilation.
8. Applications.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The request to revoke the sheet is submitted in writing and drawn up in two copies: one is handed over to the bailiff, the second remains in the hands of the claimant. In the second copy, the bailiff marks the acceptance of the application for consideration.

The procedure for terminating and resuming enforcement proceedings

Within one day from the moment the claimant applies, the bailiff must make a decision to satisfy or refuse the recipient’s application to revoke the writ of execution. If the requirements are satisfied, the enforcement proceedings are terminated or suspended, and the writ of execution is transferred to the recipient of the alimony.

Repeated presentation of a writ of execution for the collection of alimony is allowed throughout the entire validity period of the document. The period of validity of child support obligations ends when the child reaches the age of 18 years or in the period from 16 to 18 years of age upon emancipation. Forced collection of alimony during the period when the writ of execution was revoked at the initiative of the recipient of the funds is not allowed.

What to do if the writ of execution is revoked, but alimony is withheld?

The employer is fully responsible for any violations when withholding alimony from an employee. Collections must be carried out only on the basis of the original writ of execution, otherwise it is a violation of the rights of the alimony obligee.

This is also important to know: State duty when applying for alimony

In case of transfer of alimony by mistake, when the writ of execution is revoked, the accounting department of the enterprise must:

1. Provide explanations on retention to the employee of the organization. Sometimes alimony is transferred for a partial period before the document is revoked: not for 30 full days, but for 15, when the document was still in force.
2. Contact the recipient of alimony with a request for a refund of overpaid funds. Forced return of alimony is not permitted. If the recipient agrees, he can independently return the money to the payer, but he cannot be forced.
3. Pay the alimony-obligated employee the entire missing amount.

Forced return of alimony is possible only if a calculation error is detected. Counting error - an arithmetic error in the calculation and transfer of alimony to the recipient.

In the case of alimony payments under a revoked writ of execution, the accounting error is not an accounting error, so the recipient has the right to refuse to return the money, and the employer is obliged to repay the wage arrears to the employee.

Consequences of revocation of a writ of execution

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Revocation of a writ of execution is a temporary termination of enforcement proceedings. While the document is in the hands of the claimant, the bailiffs do not collect funds for the maintenance of children. Before presenting the IL again, the payer is not obliged to financially help the child and participate in providing for his needs.

If at the time of withdrawal of documents the payer had a debt, then it is retained in full. The claimant has the right to demand fulfillment of obligations for the past period even if alimony payments are terminated in the future.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
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How to pick up a writ of execution for alimony from bailiffs

A writ of execution is a document issued on the basis of a court decision, which indicates all the information necessary to implement the decision. It is necessary to begin enforcement proceedings. But it often happens that production needs to be stopped. For example, when the ex-spouses have reached an agreement and money for child support is allocated voluntarily. Or the husband and wife have reconciled and are running a joint household again. It is possible to revoke a writ of execution for alimony if forced collection has already begun. Below we describe all the features of this procedure.

End or discontinuation of production

The law contains two concepts: the end of production and its termination. As a result of the revocation of the writ of execution from the bailiffs, the proceedings are completed. Later, the claimant can submit it again.

This will not be possible to do immediately. The waiting period before resubmission must be at least two months. Once terminated, it is impossible to resume the case. Child support sheets, as a rule, do not contain a single amount of debt. Regular periodic payments are listed there. Such documents can be resubmitted for collection during the entire payment period, plus three years.

The bailiff's decision to stop the proceedings must indicate how much has already been paid by the debtor and on what basis the proceedings were stopped.

Reasons for document revocation

1. The former spouses have reconciled and are living together again.
2. The alimony payer expressed a desire to pay the debt voluntarily.
3. The debtor promised to pay a larger amount than they could collect from him. This often happens if the braider has undeclared income.
4. The debtor provides other material benefits in payment of alimony.

   This could be a one-time payment of a significant amount. Or the alimony holder can transfer his share in the apartment or house to account for future alimony.

5. Some, having accumulated a large debt, ask to have the proceedings annulled in order to avoid criminal liability. As a rule, they all promise to pay voluntarily and in full in the future.

This is usually the result of verbal agreements and promises.

Revocation procedure

To pick up a writ of execution, you need to personally come with an application to the SSP department that deals with collection. It must indicate:

• full name of the bailiff service department;
• passport details of the payer and recipient; on what basis the collection took place (number and date of the court decision or voluntary agreement);
• the actual text of the application with a mandatory indication of the reasons for such a decision;
• date and signature.

Write the application in two copies. One will remain with the bailiff, but the second must be returned with a note of receipt. You can write it in free form. The main thing is to indicate all the information listed above.

https://www.youtube.com/watch?v=jtQVQMjsGOw

Sample application for revocation of a writ of execution

Now all that's left to do is wait. No later than five working days, the bailiff will be obliged to issue you a decision to stop the proceedings. You can receive it either in person or by registered mail.

The forced collection of alimony will cease from the moment the application is submitted.

Consequences for the claimant

It is important to understand that voluntary withdrawal of the form does not mean that the other parent no longer has to support the child. The judgment remains in effect. By taking the document, the recipient replaces the forced collection of alimony with a voluntary one.

Child support must still be paid. The amounts cannot be less than those established by the court. If desired and possible, the parent who does not live with the child can pay more. But he has no right to do less. This is a violation of the rights of the child.

The revocation will not entail writing off the existing debt. The alimony holder will be required to repay it in full. If you decide to withdraw the document, the amount will remain fixed and will not increase monthly.

Consequences for the payer

An oral agreement may be violated by either party at any time. Moreover, the recipient has the right to collect alimony for the three years preceding the new filing.

If the payer conscientiously fulfills his parental responsibilities and transfers money regularly, he must keep documentary evidence. These can be receipts for cash receipts, checks for bank transfers.

This is the only way to prove the conscientious fulfillment of obligations and avoid the fate of paying the same amount twice.

Therefore, the word “alimony” must be clearly stated in all payments and receipts.

Resumption of production

It is possible to collect alimony for the period when no proceedings were carried out. It is limited to three years. Let's say you took away the writ of execution five years ago. During this time, alimony was not paid voluntarily, or was paid irregularly. You can present it again for execution and demand repayment of the debt in three years.

The payer can reduce this amount. To do this, he needs evidence that he spent money on supporting the child at this time. He can bring:

• a receipt from the mother that she received the money;
• checks from the bank for money transfers marked “Alimony”;
• receipts from stores if you bought clothes, shoes, or something else for the child.

You can resume forced collection at any time while the document is in force. As a rule, this is the time before adulthood.

Revocation of a writ of execution is a fairly simple and common procedure. She is contacted when oral agreements are reached on the timing and procedure for paying alimony. It will not entail any negative consequences. Do not forget about documentary evidence and compliance with payment deadlines. So, voluntary payment will make life easier for both parties.

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How to revoke a writ of execution for alimony

Home › Alimony

Collection of alimony payments is, as a rule, a lengthy process and is limited by the coming of age of the child (children) for whose maintenance they are being collected.

In most cases, the enforcement document is subject to execution during the entire period of collection, but sometimes the claimant wishes to terminate or temporarily interrupt the enforcement process.

In this case, a withdrawal of the writ of execution for alimony is required.

How to cancel a writ of execution for alimony

In accordance with paragraph 1, paragraph 1, Article 46 and paragraph 3, paragraph 1, Article 47 of the Federal Law “On Enforcement Proceedings,” the revocation of the writ of execution, including the collection of alimony, is the basis for the termination of enforcement proceedings and the return of the writ of execution to the claimant.

• The claimant has the right to terminate the enforcement process at any stage of enforcement proceedings, regardless of the amount of the remaining debt, as well as whether alimony is collected by a bailiff or withheld by the accounting department of the enterprise where the debtor works. To complete enforcement proceedings on this basis, it is enough to submit to the bailiff conducting the enforcement proceedings an application to revoke the enforcement document.
• A sample of such a statement can be viewed here .

Consequences of revocation of the writ of execution for the collection of alimony

A court order or writ of execution for the collection of alimony is a document of periodic execution, therefore, the rules provided for in clause 3.1 of Art.

22 of the Federal Law “On Enforcement Proceedings”, providing for a reduction in the period for re-submitting a writ of execution for execution. In other words, a document on the collection of alimony can be freely presented for execution during the entire period established for execution (i.e.

until the child reaches adulthood), regardless of the number of reviews of the writ of execution by the claimant.

The revocation of a writ of execution from the bailiff service or from the accounting department at the debtor’s place of work interrupts the process of applying enforcement measures, but does not cancel the debtor’s obligation to support his child. If the claimant decides to withdraw the writ of execution, then the debtor’s obligation to pay alimony will remain and, if the debtor fails to fulfill this obligation, the alimony debt will remain.

Example

The following conclusions can be drawn on the topic under consideration:

• a writ of execution for the collection of alimony can be revoked at any stage of execution; for this purpose, a statement from the claimant is sufficient;
• the revocation of the writ of execution does not terminate the debtor’s obligation to pay alimony in the established amount and within the established period of time;
• upon repeated presentation of the writ of execution for compulsory execution, it is possible to recover the debt incurred during the period the writ of execution was in the hands of the claimant, but not more than for three years.

How to revoke a writ of execution for alimony Link to main publication

How to revoke a writ of execution for alimony?

Receiving maintenance from the parent who left the family is the right of any minor, however, there are cases when the second spouse, for one reason or another, does not want to forcibly collect alimony or does not want to accept help at all, voluntarily refusing to receive alimony payments.

There may be the following reasons for this:

• the former spouses reached reconciliation and resumed de facto marital relations;
• the mother refuses support due to psychological factors - she does not want to feel dependent on the second parent;
• the father received unofficial income and will pay a large sum in one lump sum to the family he left behind, exceeding the alimony from wages;
• an agreement has been concluded between the spouses regarding mutual actions - the mother refuses to support the child, and the father transfers some property to her, or agrees to issue a notarial permit for the child and mother to travel abroad;
• other situations permitted by law.

How to get a writ of execution for alimony?

Since the purpose of the funds paid by the second parent is solely to ensure a decent standard of living and development of the child, the law formally does not allow even voluntary refusal of financial assistance, considering it nothing other than a violation of the interests of the children. Therefore, any receipt or other document drawn up as confirmation of refusal to receive money does not have any legal significance and does not deprive the claimant of the opportunity to again demand payment of alimony.

However, in fact, refusal of maintenance is still possible and is formalized through the withdrawal of the writ of execution for alimony by the claimant.

Is it possible to withdraw a writ of execution?

If a court decision on the issue of receiving alimony was made, after which the enforcement procedure began, the recipient of alimony, who does not want further transfer, must contact the relevant bailiff department with a statement expressing his desire to refuse further receipt of the amounts.

Article 46 of the law “On Enforcement Proceedings” describes in detail the procedure for returning a writ of execution to the claimant and names the end of the proceedings as its consequence.

PLEASE NOTE: two different concepts in enforcement proceedings should not be confused - termination and termination.

Termination occurs either due to the occurrence of unconditional and statutory grounds (death of the parties, for example) either by the bailiff or on the basis of an appeal from one of the parties.

In the application for termination, it is necessary not only to state your desire to terminate the proceedings, but also to justify it, citing specific arguments, and also to attach documents confirming what has been said to the application when submitting it.

Such a court decision will forever deprive the collecting parent of the right to re-collect alimony, making it possible to restore it only in court and only subject to a significant change in the situation.

Example: In relation to A., the collection of alimony was stopped in connection with the adoption of a minor, S., the recipient of alimony. Subsequently, in connection with the cancellation of the adoption, S.’s mother again filed a lawsuit to collect alimony from A.

The end of the proceedings is carried out by contacting the bailiffs with a statement containing only a demand to return the sheet and a reference to the above-mentioned provisions of the law. Thus, the revocation of the writ of execution DOES NOT prevent the forced collection of alimony in the future if the agreement reached with the second parent is violated.

Thus, in order to revoke a writ of execution for alimony, you must: 

• Contact the ROSP unit executing the court decision with an application to revoke the writ of execution.
• Receive a writ of execution and a copy of the completion of the collection procedure in person or by mail, indicating the corresponding request in the application.

The law does not establish any strictly established form of appeal to bailiffs; the application is submitted in any form to the bailiff or the head of the ROSP unit. The application must indicate:

• Name of the ROSP department, the parties used. production;
• Describe the basis on which alimony is collected;
• Indicate the reason for revoking the writ of execution and your requirements;
• Add date and signature.

The bailiff, having received the application for revocation, issues a resolution within 5 days, which ends the enforcement proceedings, as a result of which the sheet is returned to the claimant.

ATTENTION: alimony will stop accruing from the date the application was submitted, regardless of the moment the bailiff made the decision.

As a result of the revocation of the writ of execution for alimony, the claimant receives it back in his hands and can, if he changes his mind, at any time resubmit it for execution without a time limit until the child reaches 18 years of age. When enforcement proceedings are resumed, alimony is subject to accrual from the date of re-application to the bailiffs.

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Does the alimony debt disappear if the executive is taken away?

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Home Legal practice How to cancel the enforcement fee of a bailiff? How to cancel the bailiff's enforcement fee? Today I want to talk about the enforcement fee, which is issued by the bailiff. We have extensive experience in appealing decisions to impose this type of fee. In many cases, we manage to help debtors.

The revocation of the writ of execution does not entail the cancellation of alimony debt. In this case, compulsory debt collection measures give way to voluntary debt repayment.

Submit an application to the bailiff You must contact the SSP department, which is in charge of the proceedings. The bailiff who is handling the case of collecting funds for child support must submit an application to revoke the writ of execution.

How to revoke a writ of execution for alimony

Submit an application to the bailiff You must contact the SSP department, which is in charge of the proceedings. The bailiff who is handling the case of collecting funds for child support must submit an application to revoke the writ of execution.

This application is drawn up in any form indicating the following data: Name of the SSP department Data of the parties to the proceedings of the claimant and the payer Grounds for collection of alimony court decision or alimony agreement Request for withdrawal of the writ of execution indicating the reason Date of filing the application Signature of the applicant.

The application must be written in two copies, one of which remains with the bailiff, and the second with a mark of receipt is returned to the applicant.

Since the issue of assigning a penalty is decided in court, it is recommended to file a claim only 4 months after the debt was formed.

In fact, it is possible to collect alimony for the period of time from the occurrence of the relevant obligations of the payer until the child reaches adulthood.

In court, the amount of debt is calculated and recognized, and the court decision indicates the necessary measures to repay the debt, for example.... With a court decision that has entered into legal force, it is necessary to go to the bailiffs, who will execute it in the prescribed manner.

Exemption from alimony debt The debtor also has the right to apply to the court with a request to exempt him from paying alimony debt - if not completely, then at least partially. Of course, if the non-payment of the debt was caused by valid reasons: illness, difficult financial situation, changes in marital status.

How to revoke a sheet To receive a writ of execution, you need to perform several actions:. The employee of the organization responsible for it must write a statement of revocation.

You have 5 working days to return the document. After this period, a resolution is drawn up to terminate the individual entrepreneur and the certificate is issued to the claimant. You must receive it in person at the organization’s office or by mail. There was no demand for payment of alimony from the mother - there was no alimony agreement or court decision in this regard.

Some time after the child turned 18, the mother decided to collect the child support debt. Of course, she has no reason for this - the debt simply does not exist.

In this case, it is possible to collect alimony for the past time, but this also requires legal grounds.

Limitation period for collecting alimony arrears after 18 years of age. Only the amount of debt that has not been paid during the last three years before the filing of the writ of execution with the bailiff service is subject to payment and collection - the general rule of limitation applies.

Three years after reaching adulthood, that is, after the child reaches 21 years of age, it is no longer possible to collect the amount of debt that arose during the period of child support obligations.

These are the main steps that reflect how to correctly withdraw a writ of execution for alimony payments from bailiffs.

Thus, the revocation of the sheet is actually a change from a forced penalty to a voluntary one.

That is, the debtor is obliged, as before, to pay alimony in full and with the same frequency.

The case regarding the collection of alimony has been considered, the court decision has entered into force, and the writ of execution has been received.

Without waiting for the payer to voluntarily comply with the court decision, the recipient goes straight to the bailiffs to forcefully collect money for child support.

The bailiffs open proceedings and begin the procedure for collecting alimony payments. If the payer fulfills his obligations in good faith, the recipient regularly receives alimony payments.

If the payer delays or stops payment, bailiffs take the necessary measures to collect alimony and the resulting debt, including measures of material and criminal liability.

As a rule, the reasons for this are certain agreements between the payer and the recipient. For example, the payer promises to pay more money than according to the writ of execution, not from a meager official income, but from real income, subject to the withdrawal of the writ of execution. Or, if a large debt has accumulated, he asks to suspend production until it is fully voluntarily repaid.

But, making concessions and agreeing to revoke the writ of execution, the recipient wants to know what the consequences of this action are? Does this mean refusal to receive child support? Is existing debt for unpaid alimony payments written off? First of all, you need to focus on the fact that the revocation of the writ of execution is not a waiver of alimony!

The court decision to collect them is still in force; no one can cancel the obligation to support a minor child. The revocation of a writ of execution is only a replacement for the forced collection of alimony under an existing court decision - a voluntary one.

This means that funds for child support must be paid by the payer in the same amount, with the same frequency, from the same income as established by the court. More and more often is possible, less and less often is not. Revocation of the writ of execution and termination of proceedings prevents further growth of debt.

That is, if the payer does not keep his word of honor and does not voluntarily make alimony payments and repay the debt, the amount of debt that existed before the writ of execution was revoked will not increase.

At any time after the writ of execution is revoked, the recipient can again apply to the SSP with the same writ. From the date of filing the relevant application, the proceedings will be resumed.

Is it possible to recover alimony for the period during which the writ of execution was revoked? The law provides for this possibility.

If the recipient manages to prove that during this period the money was not paid voluntarily, the bailiffs will calculate the debt for this period but not more than 3 years.

Within 5 working days after receiving the application from the claimant, an employee of the SSP department issues a decision to complete the paperwork and return the writ of execution to the claimant.

Receiving in person or by mail a writ of execution and a copy of the bailiff’s decision on the completion of the collection of funds for child support.

My ex-husband owes me a large sum for non-payment of alimony, now he is gradually paying off the debt.

The debt is confirmed not in Spanish.

A writ of execution is the basis for initiating an individual entrepreneur. You can pick it up, but remember the presentation period is 3 years. This period does not include the period when the sheet was presented for collection. It is not possible to refuse to pay alimony. And this works in your favor. The spouse is obliged to take part in the maintenance of the child and pay alimony until the child reaches adulthood.

If you miss the deadline for filing a writ of execution, or do something else wrong, your husband will still have to pay alimony, only you will need to go to court or the bailiffs again if your husband stops paying alimony again.

You have the right to revoke a writ of execution that is being executed by bailiffs, but you should know that it can be presented for execution after revocation within 3 years. If you miss the 3-year deadline, you will not be able to collect the alimony debt for this period. The three-year limitation period is the general period under Art.

Alimony obligations and enforcement documents are not subject to statute of limitations. You can revoke the writ of execution, and the bailiff must make a corresponding entry on the writ of execution that the writ was returned at your request and make a note about the alimony arrears at the time of termination of the enforcement proceedings.

But there are often cases when the recipient decides to refuse payments. Let's find out how to revoke a writ of execution for alimony in this case. A parent who lives separately from his child must pay him the amount of money due.

They are necessary to support a minor or disabled person. But sometimes circumstances arise due to which the payer wants to stop payments. The law provides for such situations.

Refusal to pay child support before such a decision is considered evasion of child support.

Cash support for a minor may be terminated under the terms of a voluntary agreement. For example, a child was given real estate as a gift for child support payments.

This is legal only if the agreement is certified by a notary, and the conditions for canceling financial support must be clearly stated in it. Difficulties may arise if alimony is refused. By law, payments stop:.

The first step is to submit an application to the bailiff.

The form of writing the document is free, but let’s look at its approximate content. An application is submitted to the bailiff, who will conduct enforcement proceedings in this case.

Please indicate:. There must be two copies of the application, one is returned to the applicant after the stamp has been affixed. The second one will be included in the case as evidence.

If the claimant resumes enforcement proceedings, the payer will again be obliged to make payments taking into account the debt.

The debt will not increase after the end of the paperwork. If the payer voluntarily refuses to pay alimony and repay the debt, the amount of the debt will remain the same.

Revoking a writ of execution does not mean abandoning alimony. The parent, as before, is obliged to provide for the minor child, only the forced collection is replaced by a voluntary one. The payer must continue to pay alimony in the same amount and from the same sources as determined by the court.

If the writ of execution is revoked and the case is dismissed, the debt will not increase.

large alimony debt and withdrawal of the writ of execution

The debt is confirmed not in Spanish. A writ of execution is the basis for initiating an individual entrepreneur. You can pick it up, but remember the presentation period is 3 years. This period does not include the period when the sheet was presented for collection.

Isn't the alimony debt canceled if you take away the writ of execution?

My ex-husband owes about a thousand rubles in alimony. He asks me to write an application to revoke the writ of execution. He swears and swears that he will pay without a writ of execution.

Good evening! If you receive at least some money from him (rubles), the debt will grow, but nothing will happen to him.

The system works like this: you don’t take a penny from him for 1.5 years, even if he sends it by mail or by transfer, while you contact the police that he doesn’t pay money for the maintenance, upbringing, education of the child, they issue him 3 warnings, after which a criminal case is initiated against him.

Is the alimony debt canceled if the writ of execution is taken away?

Minister of Economy of Tatarstan - about investments in the economy of the future In order to hold accountable and recover compensation from those responsible for road accidents, victims often have to go to court. However, even when justice is on the side of the victims, it is not so easy to receive the due payments.

Debtors ignore the court's decision, leaving victims on their own even when they need serious funds to restore their health. How debts are collected The procedure for collecting funds is clearly regulated by law. First, the bailiff initiates enforcement proceedings.

At the same time, the bailiff identifies the property belonging to the debtor. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website.

My ex-husband owes me a large sum for non-payment of alimony, now he is gradually paying off the debt.

Will he have money left to pay alimony and will you be deprived of financial support? The debt is not cancelled, but before you take the writ of execution from the bailiffs, enter into an agreement with your husband at the notary on the payment of alimony, including taking into account his debt. The debt will not be canceled if you withdraw the application. Yes, you will have the right to re-submit your application. Consult a lawyer online.

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VIDEO ON THE TOPIC: Main news - Child support debts

How to revoke a writ of execution for alimony

In judicial practice, forced collection of funds to pay alimony is not at all uncommon. The plaintiff submits an application and collects a package of documents. The court sets the amount of payments.

The conclusion is regulated by the writ of execution, which the plaintiff sends to the bailiff service. And they are already engaged in monitoring incoming payments. But there are situations when the child’s mother asks to revoke the writ of execution for alimony .

Why is this necessary, and is it possible to stop the forced collection of alimony? Let's talk about it.

Reasons for revoking a writ of execution 

Often, alimony payers try to persuade the other party to stop interacting through bailiffs. It’s easier to come to an agreement with your ex-wife than with a bailiff. The prospect of getting a prison sentence is frightening, and the loss of property in the event of a debt makes you think. The child's father will try to pay child support himself.  

 What's the point of a mother agreeing to this? Situations are different.  

This situation is not the only reason for the recall. Payments through the FSPP may be received irregularly in the event of a change of job or lack of official employment. Payments are not being received, and my father is accumulating debt.

She could be deprived of her parental rights. Often the alimony payer offers the ex-wife a large amount and promises stable payments. And in return he asks to withdraw the writ of execution. Such an agreement is beneficial to all parties.

Is a court decision annulled if the writ of execution is withdrawn?

This is the first question a mother of children asks. The revocation of the writ of execution does not cancel the court decision . It will be in effect, the alimony payer’s debt will not disappear. The mother can resume proceedings at any time by sending a corresponding application to the SSP.

If the alimony payer has a debt , it is also not cancelled. The mother can write a statement and indicate that the debt has not been paid.

If the alimony payer does not transfer the funds voluntarily, the woman can recover them using the SSP even for the period when the writ of execution was revoked. But this period cannot be more than three years.

If a woman withdrew the writ of execution for 5 years and then decided to resume the proceedings, the bailiffs will be able to collect the debt that existed before the writ of execution was revoked, and all payments for 3 years. 

Here the law is completely on the side of the child’s mother. By revoking the writ of execution , she risks nothing. But there are nuances .

The mother has the right to demand that the debt be collected from the alimony payer, including for the time when the writ of execution was revoked, but in the amount specified in the court decision.

If, on a voluntary basis, the ex-husband promised an amount greater than that indicated in the document, they will not be able to recover . They are guided by the court's decision. It may indicate a fixed amount or a percentage of income: 25% per child.

How to pick up a writ of execution for alimony

If the alimony payer has agreed with the child’s mother on the voluntary payment of benefits, it is best to conclude an agreement and have it certified by a notary. The alimony payer must include a clause in the contract stating that the spouse will revoke the writ of execution from the bailiffs .

If any disputes arise in the future, each payment must be confirmed. The purpose of payment must indicate: “Alimony for the period.” If possible, you should take a receipt for each amount. Thus, the alimony payer will protect himself if the ex-wife declares that he did not transfer the money.  

How to revoke a writ of execution? Having concluded an agreement, it is necessary to write a letter to the bailiff with a request to revoke the writ of execution. You can attach a copy of the voluntary agreement certified by a notary to it. The document can be written according to a sample in the bailiffs department, or you can send your own sample by mail. It is compiled in any form.

What should an application for withdrawal of enforcement proceedings contain?

• Name of the territorial department of the FSSP.
• Parties' data.
• Data of the court decision or alimony agreement under which alimony was collected
• Please revoke the executive document in any form. Reason for this.
• Date and signature.

Download a sample application for revocation of a writ of execution to the FSPP

The application is drawn up in two copies. One of the copies will remain with the contractor, the second will be sent to the claimant with a note.  

How quickly will the decision take effect?

From the moment of receiving the application to revoke the writ of execution, the bailiff has 5 working days to approve it and send the information to the recoverer. As a rule, there are no disagreements here; the bailiffs will stop proceedings against the alimony payer and send a notification. Collection will cease on the day on which the application is dated.

Conclusion

stop collecting funds through bailiffs . This decision is made often. The claimant does not risk anything; the help of bailiffs can be turned to at any time. It is important that all amounts are recorded, this will avoid disagreements in the future. In the practice of bailiffs, cases of revocation of a court decision are becoming more and more common.

It is important to make payments yourself and communicate with the child and his mother. First of all, the child needs this: for his psyche.

Therefore, if your ex-husband offers a voluntary agreement, it makes sense to think about it. The rights of mothers and children are fully protected by law. There is no way for a father to escape responsibility to his children.

The deception will quickly be revealed, and the law will oblige you to repay the debt. The amount of the debt will include penalties.