Is it possible and how to suspend alimony?

Alimony relations are long-term; during the period of payments, various changes may occur related to the financial, family and social status of the persons concerned. The Family Code regulates all possible situations regarding alimony. The law also establishes a procedure for suspending and terminating alimony payments. If the alimony relationship is formalized by an agreement, then it may indicate emergency cases when it is permissible to delay payment without sanctions from the recipient.

For example, in case of illness of the payer or lack of work, payment is delayed for a certain period. It may be indicated that in case of leaving on a long business trip, payment will be made for several months at once.

During judicial review, this is not allowed; payments must be monthly in the form established by the court: shared or fixed.

An unreasonable delay in alimony receipts leads to the initiation of a case of non-payment or malicious non-payment of alimony debts.

Such a situation is fraught with fines and penalties, and can also lead to the seizure of the debtor’s property.

The emergence of administrative and criminal liability will lead to even greater material damage, so in difficult life situations you should try to come to an agreement with the recipient of alimony.

Otherwise, the only option left is to file a petition with the court to suspend or cancel alimony payments.

Suspension of alimony collection

If material support for a needy relative occurs on the basis of an agreement, then the recipient has the right to turn to bailiffs in case of violation of the agreement. The notary who certified the agreement can put a mark on the document that the agreement is not fulfilled. Upon a court ruling, enforcement proceedings are opened. The amounts of monthly transfers are recorded in the FSSP; in the absence of receipts, the bailiff begins to carry out official procedures to search for the debtor and serve him with a resolution on the accumulated debts.

If the payer wants to suspend or refuse payments, he must promptly notify the courts.

This can be done with the help of a petition, with all the evidence available to the payer.

It should be noted that before a decision is made on the payer’s appeal to the court, the law does not exempt him from paying for the current period. The bills issued by the bailiff must be paid in any case, including all costs and penalties.

For example, a typical situation is that a citizen has become unemployed and has several dependents to support his new family. When officially registered with the employment service, the citizen receives unemployment benefits, from which alimony is collected in favor of the child from his first marriage.

The payer petitions the court to suspend the payment of alimony until subsequent employment.

If the court considers his arguments to be justified, then the suspension procedure will be formalized by enforcement proceedings, and the payer will be granted temporary relief in connection with newly discovered circumstances.

Subsequently, when the grace period ends, these amounts will be deducted from the payer.

This option applies to minor children; in other cases, the court may reduce payments permanently or set a period without further compensation.

Counter suspension of alimony

In judicial practice, there are cases when the recipient of alimony himself files a petition to suspend the collection of alimony. This happens when the ex-wife remarries and is able to independently provide for the children from her first marriage. The court considers all the prevailing circumstances, the financial situation of the former spouses, their social status and the desire to find a compromise.

Most often, such a request is rejected for obvious reasons. According to the law, the money is transferred to the child, so the mother can open a bank account and when the child reaches adulthood, he will manage the funds himself.

The petition may be granted if it concerns other disabled relatives. For example, a husband pays alimony to his ex-wife, and she is placed in a boarding house for further accommodation and treatment.

The court may take this circumstance into account and suspend or cancel monthly payments.

In a word, the issue of suspension or cancellation of alimony is resolved exclusively in court, taking into account all the circumstances. Until a resolution is passed, payments should continue to be made to avoid becoming a sanctioned debtor.

Is it possible to suspend alimony payments temporarily?

Paying alimony for the maintenance of a minor child is a long process, during which various situations can occur with both parties to the relationship that affect their financial, social or family situation.

In this regard, the legislation provides for the possibility of suspending the payment of alimony for a time, or completely terminating the fulfillment of such obligations.

general information

If the payment of alimony payments is made by voluntary agreement of the parties, then this document must list all the situations in which one or more transfers can be canceled without applying any sanctions to the alimony payer.

For example, the payer may require such a deferment in the event of a serious illness or loss of permanent employment. The voluntary agreement must contain a clause that provides for the possibility of making alimony payments in advance, for example, when a person goes on a long business trip.

However, with enforcement documents adopted as a result of the trial, the situation is different. According to the court order and writ of execution, payment of alimony payments must be made monthly, within the time limits established by the documents. Delay in the transfer of funds without valid reasons entails the initiation of a case.

As a rule, in such cases, fines and penalties await the defaulter, however, if there is a large debt, bailiffs can seize the debtor’s property for the purpose of its further resale.

As practice shows, bringing the guilty person to administrative or criminal liability entails significant material losses, therefore experts recommend negotiating with the payment collector if any difficulties arise in paying alimony.

Is it possible to suspend alimony payments?

If the payment of alimony is made by voluntary agreement of the parties, then in the absence of deductions the alimony payer can turn to the bailiffs. It is best to do this in advance, because if the claimant contacts a notary and puts a mark on the document indicating a violation of obligations, the case may be taken to court.

If the payer, for any reason, stops paying the funds assigned by the court, the claimant may file a claim to begin enforcement proceedings. This statement must also be recorded by the bailiffs.

Procedure for suspending alimony

As a rule, the initiator of the suspension of child support payments is the payer who, for some reason, is unable to make such payments. In order for this entire procedure to take place in a legal manner and not become the basis for bringing the defaulter to justice, the person must notify certain authorities about the reasons.

First of all, the citizen concerned must file a petition containing all the evidence in his possession.

It is necessary to take into account the fact that after the relevant court decision is made, all alimony payments must be made according to the established schedule.

Accordingly, all debts incurred without proper notification must be paid in full, taking into account penalties and fines.

One of the reasons for suspending alimony payments is the loss of a permanent job by the alimony payer.

To do this, a person must first contact the Employment Center to apply for unemployment benefits for the period of employment.

Of course, the amount of such a payment is several times less than the usual monthly earnings, so a person has the right to go to court to suspend the deductions until he finds a new job.

In this case, payment of funds for the maintenance of a young child will be the responsibility of the social insurance fund, and the money will be transferred from public funds.

However, the amount of such payments may be several times less than the previous ones, since the calculation of alimony will be made based on the average wage in this region of the country.

Suspension of alimony payments is possible only in cases where the funds are intended to support a minor child. In all other cases, suspension of obligations is not allowed, and the executive document is canceled.

Is a counter-suspension possible?

In some cases, the collector of such payments may also apply for suspension of the payment of alimony for the maintenance of a minor child. Reasons for such a decision may be:

1. Second marriage.
2. The mother is able to independently provide for her child.

In this case, the judicial authority will also consider all the circumstances of the case. The financial situation of both sides of production, their social status, as well as the mutual desire to come to a solution that will suit all members of this family.

As a rule, such petitions are rejected by the court, since the funds are transferred by the alimony payer for the maintenance of a minor child. And if the mother does not want to receive them, she can open a special account in which the money will be accumulated until the child reaches the age of 18, after which he will have the right to independently manage the accumulated amount.

Most often, such requests are granted only in cases where payments are made for the maintenance of other relatives, for example, when a husband supports his disabled wife.

In such a situation, after being admitted to a hospital, the spouse may apply for a suspension of payments, since her maintenance in this medical institution is fully paid for and she does not need additional funds.

Complete termination of alimony payments is permitted only in the following cases:

1. If one of the parties' financial situation changes.
2. If one of the parties' marital status changes.
3. Other situations in which it becomes necessary to cancel obligations or suspend their execution for a time.

Reasons for termination of obligations

Often, the parties fail to achieve a suspension of the fulfillment of obligations for the material maintenance of a minor child. Then, all that remains for parents is to file an application to stop paying child support. This can be done only in a number of cases defined within the framework of family law:

1. One of the parties died.
2. A disabled person from childhood became capable.
3. The child was adopted.
4. The child in whose favor the deductions are made has reached the age of eighteen.
5. The spouse for whose maintenance alimony was assigned has restored her ability to work and can support herself independently.
6. The party receiving the deductions has entered into a new marriage.

Another reason for the complete abolition of alimony payments is the emancipation of a person. This means that if a child under 18 years of age gains full legal capacity, he or she also ceases to receive support from the parent (except for voluntary assistance). Reasons for emancipation: marriage, full-time employment, opening an individual entrepreneur (with parental permission).

How to draw up an application for suspension or cancellation of alimony payments

The Civil Procedure Code contains a list of requirements for filling out a statement of claim. If they are not followed, the document may be left without consideration.

By law, the claim must include the following information:

1. The name of the court that will decide on the possibility of suspending or canceling the payment of alimony.
2. Full name and other details of the parties.
3. A detailed statement of the circumstances, which also reflects the violation of the plaintiff’s rights.
4. Cost of the claim.
5. Circumstances due to which the plaintiff has grounds to demand suspension or cancellation of alimony payments.
6. List of documents attached to the application.

Among the documents that must be presented together with the statement of claim, there must be a receipt for payment of the state duty.

When is alimony cancellation possible?

As a rule, the judge refuses to suspend the alimony payment to the applicant, and cancels it completely only in the following cases:

1. Challenging paternity.
2. A person's refusal to support his ex-wife.
3. Adoption of a child in whose favor funds were transferred.

Each such case is considered by the judge on an individual basis.

Challenging paternity

Unfortunately, cases where a parent applies to challenge paternity are quite common. Confirmation of this fact is a good reason for canceling the payment of alimony and changing the fate of all parties to the agreement as a whole.

If the evidence presented is not sufficient for the court to make its decision, a genetic examination is carried out upon request. This study makes it possible to determine with 99.9 percent whether a person is the parent of a child or not.

However, there are some exceptions to the law. For example, if it is known that when entering information about the child’s parents into his birth certificate, the man was notified that the baby was not his, the court will not be able to satisfy the petition (this fact is evidenced by a certificate).

Payment of alimony is terminated only after an appropriate court decision made based on the results of studying the evidence and conducting all necessary research.

To prevent alimony debts from accumulating, the man must immediately receive a copy of the writ of execution and hand it over to the bailiffs to close the enforcement proceedings in the case. All accumulated debts that arose before the judgment was rendered must be repaid in full, taking into account all fines and penalties.

Waiver of spousal support

The Family Code provides for the responsibility of a person to support not only his minor children, but also disabled adult citizens who need such support. So, for example, Article 89 of this regulatory act provides for the possibility of paying alimony to support one’s spouse. Such payments are made in the following cases:

1. The wife is disabled and therefore needs support.
2. The wife is pregnant or on maternity leave to care for a child under 3 years of age.
3. If the spouse does not work due to the obligation to take care of a disabled child.

To suspend the payment of alimony payments or stop them completely, you must prove that before the child turns 3 years old, the spouse entered into a new marriage. Accordingly, in this case, the responsibility for maintaining the woman falls on the new spouse.

In the case of a disabled child, suspension of payments is possible only if there is evidence indicating that the minor’s legal capacity has been fully restored. Exemption from alimony payments is also allowed in cases where the spouse has evidence that his wife does not require financial support.

Adopting a child

The fax of the adoption of a minor child indicates that now all responsibilities for maintaining the minor rest with the adoptive parent. Accordingly, the obligation to pay alimony payments also passes to the new person.

In the event that enforcement proceedings are being carried out against the child’s former parent, in order to stop the accrual of alimony, it is necessary to have an order to cancel such a penalty. Such an order is a judicial act.

Cancellation of alimony payments through the court

To suspend or cancel alimony payments, a citizen must contact the government body that made the decision on the need to establish such a penalty. In this case, you need to submit the following package of documents:

1. Applicant's passport.
2. Certificate of birth of a child.
3. Divorce certificate (if available).
4. A document confirming family composition.
5. Documents that indicate the emergence of circumstances that prevent the payment of alimony.
6. The document on the basis of which alimony is paid.

This list of papers must be attached to the statement of claim. After the court considers all the materials presented, it will make a decision to cancel the alimony penalty or to leave the claim unsatisfied.

In the first case, the plaintiff is issued a writ of execution, which must be handed over to the bailiffs to cancel the proceedings.

The withholding of payments, as well as the cessation of accrual of debt, occurs from the day when the person received the court decision. Closing a case retroactively is not permitted.

Is it possible to suspend alimony payments temporarily?

Domestic legislation allows alimony to be suspended if the payer has serious circumstances (loss of job, disability). Unauthorized suspension of payments is unacceptable - a person will need to contact the bailiffs or the court with a corresponding application. The recipient can also initiate the suspension of alimony. In addition, the law establishes the grounds for termination of alimony payments.

Let's consider how to legally suspend the payment of alimony, when it is permissible to completely stop providing financial support to the former family.

If the parents agreed on child support on their own by concluding an agreement, then in the text of the document they had to indicate the grounds on which financial payments could be temporarily suspended - for example:

• the appearance of a serious illness requiring prolonged hospitalization;
• loss of job;
• going on a long business trip (in the latter case, you can set the condition that alimony will be paid before the trip).

If the alimony provider transfers funds in accordance with a court order, then failure to pay alimony within the strictly established time frame without significant grounds will lead to the corresponding punishment:

• for small debts - fines, penalties (in the accounting department of the enterprise, all necessary payments will be collected from the debtor’s salary);
• in case of a large debt - seizure of the debtor’s property and sale of his property, confiscation of a driver’s license, ban on traveling abroad.

As a result, it is in the interests of the alimony provider to agree with the recipient of the funds that the alimony payments be suspended. The payer can also contact the appropriate authorities and inform about the temporary inability to pay alimony. The law does not allow sudden suspension of payments at a person’s personal discretion.

The alimony recipient has the opportunity to agree with the recipient of the funds to suspend payments for a while and enter into an agreement on alimony subsequently if he is currently paying the money in accordance with the court order.

When the parents entered into a child support agreement, the payer, if financial difficulties arise, is recommended to promptly contact the bailiffs.

If this is not done, then the recipient of alimony may file a claim with the court in order to begin enforcement proceedings, registering the claim with the bailiffs.

The alimony holder will need to take the following actions:

• prepare an application for the SSP, and if the bailiffs refuse, then go to court;
• attach to the application a package of documentation confirming the existence of grounds for suspending alimony payments;
• obtain a ruling from the SSP or court.

During the trial or consideration of the case in the SSP, the alimony recipient is not exempt from transferring funds, including payment of penalties, fines and repayment of accumulated debt.

An application with documents can be submitted in the following ways:

• personally;
• by seeking help from a representative by proxy;
• by sending by mail with a list of enclosed documents and notification of delivery.

At the same time, the recipient of alimony has the opportunity to appeal the decision of the bailiffs or the court.

The alimony provider has the opportunity to postpone enforcement proceedings if the minor child began to live with him and refuses to return to the previous parent.

To do this, he needs to contact the magistrate and prove the fact that the child lives with him in the same territory. The presence of the second spouse is not necessary.

The judge will issue an order that enforcement proceedings on alimony are suspended, and the alimony provider will have the opportunity not to transfer funds to the ex-spouse.

The next step is to file a claim for alimony payments to the second spouse.

The final step is to file a claim with the district court at the address of the former spouse’s residence to deprive him of parental rights, as well as to determine the address of residence of the child together with the applicant.

The plaintiff will need to obtain a court order that the child lives with the initiator of the lawsuit.

If the parties have agreed on alimony payments, then the recipient of the funds can also initiate their suspension. A person has the right to revoke the writ of execution (this entails the suspension of enforcement proceedings) and then resubmit it.

A person will need to perform only 2 actions.

• submit an application to revoke the writ of execution;
• receive a writ of execution after the bailiff makes a decision.

Below is one possible application option.

Download a sample application for revocation of a writ of execution

Enforcement proceedings will be suspended from the moment the applicant submitted this document to the SSP.

If the alimony holder has debts, he will still need to pay them off, despite the revocation of the writ of execution. Financial obligations to provide the child with material support also remain. The suspension of enforcement proceedings only leads to a temporary “respite” for the alimony worker.

According to Art. 120 of the RF IC , the following grounds for termination of alimony obligations are determined:

• one of the parties to the agreement died;
• a disabled person from childhood has acquired legal capacity;
• the child has reached adulthood;
• the child was adopted;
• the parent who received alimony got a job and found his own source of income (for example, alimony was established during maternity leave);
• the parent receiving alimony registered a new marriage.

Another basis for terminating alimony is the disputed fact of paternity. Practice shows that it is usually the father who initiates this procedure. Genetic testing with almost 100% probability refutes or proves the presence of a family relationship between the alimony provider and a minor child.

Moreover, if the child support provider, when entering his full name on the birth certificate, knew that the child was not his relative, then his claim will be rejected in court.

To draw up a claim, the initiator of the litigation must indicate in the document the following information:

• name of the court;
• Full name of the plaintiff and defendant without abbreviations;
• details of the circumstances, indicating how the applicant’s rights were violated;
• cost of claim;
• grounds for canceling deductions;
• list of documents attached by the plaintiff.

As for the required documents, these include the following:

• passport;
• photocopy of the child's birth certificate;
• a photocopy of the dissolution of the marital union;
• certificate of family composition;
• photocopies of documents containing information about the grounds on which it is permissible to terminate the payment of alimony;
• alimony agreement or court order for their appointment.

Art. 89 of the RF IC provides for alimony, which is transferred to a disabled spouse. A woman has the right to demand financial support from her ex-husband when she is carrying a child or caring for an infant under 3 years of age, has lost her ability to work, lives with a disabled child and is unable to find a job.

The alimony provider has the right to stop transferring funds if the woman remarried or the child no longer requires care.

If the child support provider has financial difficulties (loss of job, serious illness), then the legislation provides him with the opportunity to suspend the provision of financial assistance to the child.

However, for this you will need to contact the appropriate authorities, providing an application and the necessary documents.

It is prohibited to suspend payments on your own - this entails the accrual of fines and penalties, the formation of debt and other unpleasant consequences.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓

Is it possible to suspend child support temporarily?

• During the period of calculating alimony, anything can happen to both parties: family, social and financial situation may change.
• Thus, the law provides for the possibility of suspending the payment of alimony for a time or stopping it completely.
• If payment is made under a voluntary agreement, it should provide for situations in which payment can be delayed without any penalty.
• For example, if the payer becomes seriously ill or loses his job, payment may be delayed for an agreed time.
• There may be a clause in the contract according to which you can make payments for months of travel when leaving on a business trip.
• The court, different from the contract, will not allow this: all payments must be made monthly in the prescribed form.

Delay without valid reasons will result in the initiation of a case. If the debt is significant, the defaulter's property may be seized.

1. Administrative and criminal liability leads to significant material losses, so it is better to negotiate with the recipient when difficult situations arise.
2. If this is not possible, it is necessary to look for a way to suspend or completely cancel alimony payments.
3. If payments are made by voluntary agreement, in the absence of deductions, the payer can turn to the bailiffs.

The child lives with the father, but the mother receives child support

The notary puts a mark on the document indicating that this agreement is being violated.

If payments ordered by the court are terminated for unknown reasons, it is necessary to open enforcement proceedings. If there are no receipts, the bailiff must begin searching for the debtor in order to serve a debt order.

• Most often, the initiator of the suspension of payments is the payer.
• In order for everything to go legally, he needs to notify certain authorities about the reasons.
• It is required to file a petition with evidence in its possession.
• It must be taken into account that before a court decision is made, alimony is paid according to the schedule approved previously.
• All issued invoices, penalties, and fines must be paid in full.
• For example, the question often arises whether it is possible to suspend alimony payments if you lose your job.
• The situation becomes more complicated if the person who lost his job has other dependents.
• By registering with the SZN, the payer acquires the right to receive a certain benefit.
• Child support from a previous relationship must be collected from him.
• Given his inability to continue paying the required amount, he has the right to apply to the judicial authorities to suspend the deductions until he can find work.

If the judicial authority considers the reason to be valid, it will suspend the decision to withhold. In this case, the payment of alimony becomes the responsibility of the Federal Social Insurance Fund from public funds.

1. Child support is calculated from the average salary in the region (country).
2. After the end of the grace period, these amounts will be withheld from the payer’s salaries.
3. In other cases, the court may completely cancel alimony or allow no further reimbursement.
4. Sometimes situations arise when the recipient applies for suspension.
5. The reason may be the recipient's second marriage, or the mother may provide for her children herself.
6. The court will consider all the circumstances of the case, the financial situation of the parties, social status, and mutual desire to reach a solution that suits both parties.
7. Most often, such a petition is rejected because the money is transferred to support the child.

Is child support paid after 18 years of age?

Child support from a previous relationship must be collected from him.

Given his inability to continue paying the required amount, he has the right to apply to the judicial authorities to suspend the deductions until he can find work.

If the judicial authority considers the reason to be valid, it will suspend the decision to withhold. In this case, the payment of alimony becomes the responsibility of the Federal Social Insurance Fund from public funds.

• Child support is calculated from the average salary in the region (country).
• After the end of the grace period, these amounts will be withheld from the payer’s salaries.
• In other cases, the court may completely cancel alimony or allow no further reimbursement.

1. Sometimes situations arise when the recipient applies for suspension.
2. The reason may be the recipient's second marriage, or the mother may provide for her children herself.
3. The court will consider all the circumstances of the case, the financial situation of the parties, social status, and mutual desire to reach a solution that suits both parties.
4. Most often, such a petition is rejected because the money is transferred to support the child.

Writ of execution for alimony - payment, how to withhold, how to revoke

• If the mother does not want to receive them, she can open an account that the child can use after turning 18 years old.
• The recipient's request is granted only in cases where other relatives are involved.
• For example, if the ex-husband supports a disabled wife.
• After she is placed in a boarding house, the spouse can petition for the suspension or cancellation of payments.
• A complete cessation of payments is possible when one of the parties changes their financial or marital status.
• The main criterion when making a decision is the need for financial support of the parent living with the child.
• This happens, for example, due to the fact that the mother’s next spouse has formalized the adoption.
• Sometimes alimony is canceled as a result of the recipient having a new source of income.
• To do this, the payer must prepare evidence and submit a request to the court to cancel payments.
• Having waited for the court's decision, the former spouses are no longer dependent on each other.
• To find out how to suspend payments, you can study the Family Code.

In this document you can find several reasons for stopping the payment of alimony. Cancellation is provided for the following reasons: According to the law, the list includes a rich list of reasons for which the status of the recipient of payments changes.

1. The Civil Procedure Code specifies the requirements for the rules for filling out a statement of claim.
2. Child support responsibilities, like parental responsibilities in general, continue for a long period, sometimes for many years.
3. During these years, a variety of changes can occur in the life of the mother and father - in family relationships, health, work and material well-being.
4. Family and civil legislation takes into account that changes in the lives of parents can also affect the payment.
5. Therefore, it provides the grounds, rules and procedure for suspending and terminating alimony payments.
6. As a general rule, child support must be paid regularly (monthly, quarterly) until the child reaches adulthood.
7. But in some cases, suspension of payments is allowed.
8. If the payment of alimony occurs by agreement between the parents (we are not talking about an oral agreement, but about a written and notarized document - an alimony agreement), then the suspension of payment can also be agreed upon between the parents.

Is it possible to apply for alimony a second time, child support, apply for

• Initially, when preparing an alimony agreement, parents can list in it all the cases when the payment of alimony is stopped for a certain period, while penalties for late payments are not applied to the payer.
• Parents can also agree that after these circumstances cease, not only will the payment of alimony resume, but also certain compensation will be paid.
• Or that alimony payments can be made in advance - before the period of suspension of payments, for example, in such cases as an upcoming long work or personal trip.
• If a child support agreement has been concluded between the parents, but it does not contain provisions on the suspension of child support payments, the parents can make the necessary changes to it as soon as such a need arises.
• Of course, changes to the alimony agreement must be subject to the same conditions that were observed during the initial conclusion of the alimony agreement: voluntariness, mutual consent, written form and notarization of the document.
• In general, the contractual procedure for paying child support gives parents a lot of freedom.
• And the written form and notarization of parental agreements is a reliable guarantee of their implementation and protection from abuse.
• But if the alimony agreement does not contain any provisions regarding the possible suspension of payments, and also if alimony is paid pursuant to a court decision (court order), unauthorized suspension of payments is not allowed under any circumstances.
• Payments must be made in accordance with the procedure established by a court decision (order) or alimony agreement.
• And there is liability for late payments, incomplete payments or unauthorized termination of payments.
• If the debt grows, the recipient of alimony has the right to apply to the court and the SSP for forced collection of the debt.
• The bailiff will be able to impose a fine, seize property and funds in bank accounts, and restrict the right to drive a car and travel abroad.

In case of malicious evasion of obligations, the parent may be deprived of parental rights (without release from alimony obligations! So, even if the circumstances are unfavorable (and it is impossible to agree on a time-out with the alimony recipient), you should not stop alimony payments arbitrarily.

Moreover, there is a legal procedure for suspending alimony. The recipient of alimony has the right to revoke the executive document (alimony agreement, court order, writ of execution).

1. The reasons for the revocation of the writ of execution are not clarified and do not matter.
2. The collection of alimony is suspended, but can be resumed at any time - as soon as the writ of execution is again submitted for forced collection.
3. The alimony payer is not given the right to revoke the writ of execution.
4. But he can file a petition with the Bailiff Service or the court and ask for a suspension of enforcement proceedings.

Read more about each of these legal procedures below. 40 of the Federal Law “On Enforcement Proceedings” contains a list of grounds on which the payment of alimony, or more precisely, the forced collection of alimony, can be suspended: In the above cases, the bailiff is obliged to stop or terminate the enforcement proceedings.

• Also, in a number of cases, the bailiff has the right (not the obligation) to suspend enforcement proceedings at the request of the payer (or recipient) of alimony: For example, one of the most common reasons for applying to suspend alimony payments is the loss of a permanent job.
• Initially, when preparing an alimony agreement, parents can list in it all the cases when the payment of alimony is stopped for a certain period, while penalties for late payments are not applied to the payer.
• Parents can also agree that after these circumstances cease, not only will the payment of alimony resume, but also certain compensation will be paid.
• Or that alimony payments can be made in advance - before the period of suspension of payments, for example, in such cases as an upcoming long work or personal trip.
• If a child support agreement has been concluded between the parents, but it does not contain provisions on the suspension of child support payments, the parents can make the necessary changes to it as soon as such a need arises.
• Of course, changes to the alimony agreement must be subject to the same conditions that were observed during the initial conclusion of the alimony agreement: voluntariness, mutual consent, written form and notarization of the document.
• In general, the contractual procedure for paying child support gives parents a lot of freedom.
• And the written form and notarization of parental agreements is a reliable guarantee of their implementation and protection from abuse.
• But if the alimony agreement does not contain any provisions regarding the possible suspension of payments, and also if alimony is paid pursuant to a court decision (court order), unauthorized suspension of payments is not allowed under any circumstances.
• Payments must be made in accordance with the procedure established by a court decision (order) or alimony agreement.
• And there is liability for late payments, incomplete payments or unauthorized termination of payments.
• If the debt grows, the recipient of alimony has the right to apply to the court and the SSP for forced collection of the debt.
• The bailiff will be able to impose a fine, seize property and funds in bank accounts, and restrict the right to drive a car and travel abroad.

In case of malicious evasion of obligations, the parent may be deprived of parental rights (without release from alimony obligations! So, even if the circumstances are unfavorable (and it is impossible to agree on a time-out with the alimony recipient), you should not stop alimony payments arbitrarily.

Moreover, there is a legal procedure for suspending alimony. The recipient of alimony has the right to revoke the executive document (alimony agreement, court order, writ of execution).

1. The reasons for the revocation of the writ of execution are not clarified and do not matter.
2. The collection of alimony is suspended, but can be resumed at any time - as soon as the writ of execution is again submitted for forced collection.
3. The alimony payer is not given the right to revoke the writ of execution.
4. But he can file a petition with the Bailiff Service or the court and ask for a suspension of enforcement proceedings.

Read more about each of these legal procedures below. 40 of the Federal Law “On Enforcement Proceedings” contains a list of grounds on which the payment of alimony, or more precisely, the forced collection of alimony, can be suspended: In the above cases, the bailiff is obliged to stop or terminate the enforcement proceedings.

Also, in a number of cases, the bailiff has the right (not the obligation) to suspend enforcement proceedings at the request of the payer (or recipient) of alimony: For example, one of the most common reasons for applying to suspend alimony payments is the loss of a permanent job.

How to suspend alimony payments?

To answer this question, you must first find out whether you are recognized as unemployed in the prescribed manner, and since when you have not been working.

According to the general rule provided for in Article 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children. If parents do not provide maintenance for minor children, funds for this, that is, alimony, are collected in court.

If you are unemployed, in accordance with Article 113 of the Family Code of the Russian Federation, alimony from this category of citizens is collected in shares of the average salary. The exact proportion of child support should be determined by the court.

When a person officially has the status of unemployed, in accordance with Decree of the Government of the Russian Federation of July 18, 1996 No. 841 (as amended on May 20, 1998

) “List of types of wages and other income from which alimony is withheld for minor children,” namely, according to paragraph 2 of the above List, alimony is withheld from unemployment benefits, by court decision.

Consequently, the amount of alimony will be calculated from the amount accrued to the person by the employment service.

If, in accordance with the established procedure, the spouse is not recognized as unemployed, but in fact he does not work and enforcement proceedings have been initiated against him to collect alimony in proportion to his earnings, then in accordance with Article 113 of the Family Code of the Russian Federation, alimony arrears are determined based on the size of the average salary in RF at the time of debt collection. If such a determination of the debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to go to court, which can determine the debt in a fixed amount of money, based on the financial and family status of the parties and other noteworthy circumstances.

Official confirmation that a person is not working is his being registered with the State Employment Center.

If the amount of the benefit is small and insufficient to help support the child, the state itself pays alimony, up to the employment of the alimony provider, and then confiscates it from him.

If legal proceedings on this issue have begun, then after the court enters into legal force, a writ of execution will be issued to collect alimony determined by the court.

The court has the right to establish the monthly amount of alimony in a fixed amount.

The amount of alimony is determined based on the maximum permissible preservation of the rights and interests of the child, as well as the financial viability of both parents.

In this case, the amount of a fixed sum of money is determined by the court, based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

Issues of enforcement of a court decision and direct collection of awarded alimony are regulated by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings,” which provides for various enforcement measures, including foreclosure on the debtor’s property.

In addition, Article 115 of the Family Code of the Russian Federation provides for liability for late payment of alimony, according to Part 2, which, if a debt arises due to the fault of a person obliged to pay alimony by a court decision, the guilty person pays the recipient of alimony a penalty in the amount of 1/2 percent of the amount of unpaid alimony for each day of delay. However, this measure of responsibility can be imposed on the guilty person who does not pay alimony on time, only after a court decision on the collection of alimony and the formation of debt within the framework of enforcement proceedings.

Changing the amount of alimony established by the court or complete exemption from paying alimony is possible only by a court decision. Officials of organizations at the place of work of the alimony payer are not vested with the authority to independently suspend, terminate or change the amount of alimony collection in the absence of a corresponding court decision and without specifying bailiffs.

A change in the financial situation of the parties should be understood as both its deterioration and improvement due to a significant decrease or increase in the income of the alimony payer or alimony recipient.

A change in marital status, as a rule, is associated with the appearance of dependent persons on the payer or recipient of alimony, whom they are obliged by law to support (for example, the birth of children in a new marriage by the alimony payer, the disability and neediness of the parents of the alimony recipient, etc.) About the change The marital status of the recipient of alimony can also be said in the case when there are persons (parents, spouse, adult able-bodied children) who are obliged to pay alimony for him first of all before other persons.

In addition to the financial and marital status of the parties, the court, when changing the amount of alimony or when exempting from its payment, may also take into account other noteworthy circumstances or interests of the parties (clause 1 of Article 119 of the RF IC).

These include, for example, the incapacity of family members to whom, by law, the party is obliged to provide maintenance, the onset of disability or the presence of a disease that prevents the continuation of previous work, the child entering the workforce or engaging in entrepreneurial activity.

Circumstances that deserve attention and give grounds to exempt the alimony payer from paying them should include, in particular, the placement of a spouse receiving alimony from the other spouse in a home for the disabled on state support or transferring it to the support (care) of public or other organizations or private individuals (an annuity agreement has been concluded on the terms of lifelong maintenance of a citizen with a dependent), if there is no need for additional expenses (special care, treatment, food, etc.). In a situation where such additional expenses are necessary, the court has the right to reduce the amount of alimony paid under a previously made decision, taking into account the nature of the additional expenses.

For these reasons, you have the right to demand suspension or cancellation of alimony accrual. If there are no such grounds, then it is best to agree with your spouse on such a suspension.

If your spouse does not want to take such a step, then you will have to prove your position in court.