Can you apply for alimony for a second time?

As strange as it may seem, in practice, there are cases where the recipient of maintenance voluntarily renounces them for various reasons, such as moving to another country, increasing the income of the recipient or the mother remarrying and no longer requiring child support, but this does not mean that in the future you will not be able to apply for alimony again.

The most common situations are where refusal is ordered by the court; this case is more complex, so the claimants are wondering if it is possible to apply for alimony again? Consider each situation separately, and what will be required of you to reapply for maintenance.

Attention!

• Most cases of maintenance are highly individual and consist of a very large number of factors.
• Understanding the legal framework is desirable, but it cannot guarantee a solution specifically to your situation.

Therefore, you can check any information from our legal advisers on duty 24 hours a day, free of charge.

The law does not limit the applicant who has been refused or who has withdrawn his or her record of re-applying the court for maintenance, as follows:

1. Second recourse to the court and re-apply for maintenance, a situation that is being implemented for those who have failed to complete the trial for the first time and the decision has never been rendered, such as when the plaintiff has changed his mind about the recovery or when the defendant has had circumstances in which he is unable to pay maintenance at this time, and the reason for the re-application is also the violation of procedural law or the making of errors at the stage of the initial filing of the application.
2. If an executive record has been issued by a judge in accordance with a favourable decision on the recovery of maintenance, you are not required to reapply the court, because the judgement will be valid until the child's majority.

If you have already received a court decision and have an executive record in your hands, know that it is not retroactive, so you can resume it at any time until the child is 18 years old.

That is, the Civil Procedure Code allows not only a re-application of alimony, but also multiple treatment.

Therefore, if you apply to the court for maintenance for the first time, you will immediately pay particular attention to the accuracy of the application and the package of binding documents so that they are relevant at the time of filing, as well as to the evidence that the child ' s father is not in maintenance; this is the only way to obtain a positive decision immediately.

In what cases is reimbursable maintenance possible?

We have already learned that it is possible to apply for maintenance on a number of occasions, but the purpose of the application is related to the cause of the primary refusal or other circumstances.

Can you re-apply for alimony after they've been abandoned?

In practice, there are also cases where the parent, of his or her own free will, withdraws his or her claim in the course of the judicial proceedings or after receiving the executive notice; this situation is usually provoked by the applicant; the reasons for the refusal may be as follows:

• Coercive recovery of maintenance from the father fails, and the bailiffs cannot prosecute him, so the complainant understands the pointless nature of the application to the court and wishes to withdraw the judgement;
• The parents decided to enter into a notary maintenance agreement among themselves;
• The applicant ' s income allows for the maintenance of the child on his or her own;
• The mother ' s relationship with her father is bad, so she does not want him to demand child support payments in the future and to claim to take part in the child ' s upbringing;
• A potential carer arranged with the claimant that there was no material opportunity to help the child, but that he would help in other ways.

That is, if you have received a positive judgement on the application and if you are in the hands of the bailiffs, you can withdraw it at any time and, if necessary, resume the execution proceedings on maintenance, but if the trial has not been completed, then you are required not only to apply to the court for a second time, but also to repeat all the necessary documents and to proceed with the proceedings until the judgement has been delivered.

Re-application of a claim or resumption of an enforcement action is not possible only in one case where the refusal is in the form of a notary document and is certified by signatures.

Repayment of alimony in the event of new circumstances

In new circumstances, however, the defendant most often makes a rebuttal.

Since it is the changes in his family life or health that are directly related to the payment of maintenance, he is therefore interested in applying either for a reduction in the amount of the payments or in the manner in which they are paid.

In other words, even if the judgement has already been rendered, the defendant is entitled, under the following circumstances, to file a new claim:

• Deterioration of health;
• Disability;
• Seriously confirmed costs associated with treatment;
• Temporary disability, which has a direct impact on income;
• Reduction in the number of employees;
• The emergence of new dependants: parents, pregnant spouses or children from a new marriage;
• Reduction of additional income or total cessation of income, e.g. rent payments, interest on deposit.

Any of the above-mentioned conditions must be supported by documentary evidence, and with regard to the increase in maintenance payments, the initiative of the defendant is rarely followed up, and the claimant, i.e. the parent with whom the child lives, will usually file a re-claim for this purpose.

However, it is also important to prove the need for an increase in maintenance – by certificate, hospital discharge, checks, receipts – so if you doubt whether you can file a claim again, if you are not satisfied with the amount or the manner of payment, any lawyer will tell you that you can.

If you're going to go to court with a repeat suit, you should know in advance what the application should look like.

Necessary documents

In a second application, the list of documents required is not very different from the initial submission; in order for you not to encounter problems or to refuse to consider a case, you must not only draw up the application correctly, but also provide binding documents.

• A statement of claim in two copies;
• Parents ' passports (if it is possible to provide the respondent ' s passport);
• A minor ' s birth certificate;
• A marriage or dissolution certificate if an official marriage has been entered into;
• Provide a statement of the claimant ' s and respondent ' s income (if possible);
• The fact that the claimant is living with the dependent;
• It's a bill of payment for the mistress.

The State will only be charged when the defendant repeats his claim, for example, when the alimony payments are reduced.

In addition to this list of documents, you must understand that additional papers may be required of you if, according to your statement, the judge has any questions.

If you have any problems with the depositing of alimony, you can solve it on the Supreme Court website.

As we have learned, filing for alimony twice is a legitimate procedure, but the procedure for filing an application depends on the particular case and on what happened in the past, so there are two options:

• Reapplication to the court;
• Re-opening of the maintenance case through the SPF.

In the first case, you have to apply to the court with a second application and with all the necessary documents, where you present your claim for maintenance, change of size or order; usually the second time a claim has not been heard last time, it has been withdrawn of your own free will or you have been denied.

If a court decision has already been handed down and you have received an executive decision in your hands, it is no longer possible to repeat the action with the same request.

In the second case, you have to contact the bailiffs when you already have an executive list, but you have previously withdrawn the execution proceedings, for example, because you cannot collect the alimony from the payer or change your mind, and now you want to bring the alimony payer back to justice, and you will only be required to file an application with the SPF.

Thus, an unlimited number of cases can be brought before a court if you have not previously received an executive notice for various reasons.

If the judgement has already been rendered, the re-application can only be related to an increase/decrease or a change in the payment of maintenance.

Otherwise, you no longer need to go to court, only the bailiffs will be required to reopen the maintenance case.

What does the law say: Is it possible to apply for alimony for a second time?

• Due to certain circumstances, a parent raising a child alone is asked different questions.
• Is it possible to apply for alimony for a second time and how to re-apply for alimony?
• Consider what to do in this situation.

Maintenance deposit re-schedule

How many times do you get alimony?

Re-application for alimony involves two distinct legal processes:

• Reapplication by the plaintiff to the court;
• Re-examining the bailiffs of the execution sheet to recover the funds.

In the first caseRepayment of maintenance is possible if the claimant has reason to change the amount, the manner in which maintenance payments are charged.

The same claim may not be filed again with the same requirements and circumstances as set out in article 134 of the Code of Criminal Procedure.

In the second case,(Article 21 of the Federal Act on Execution Proceedings)

However, their actions were incorrect: a woman must have an executive record issued on the basis of a court decision she had already applied to the marshals ' office.

The stages of recovery may be as follows:

1. Before the case goes to court.
2. In the current court decision.
3. Through the bailiffs.

Consider each of these in detail.

Retrieving before a case is heard

The applicant has the right to rewrite the claim before the institution of civil proceedings for two reasons:

Retrieve by the court for certain violations of the procedural law.

Article 135 of the Civil Code specifies six cases in which the court may return the document to the plaintiff; for example, the national who wrote the application is incompetent, or he has failed to pay the charge, or the case is not within the jurisdiction of the court.

The court left the case pending for the reasons stated in article 222 of the Code of Civil Procedure.

1. In case law, this is often due to the absence of one or both parties.
2. The same Code therefore states in article 223 that the person concerned may apply again to the judicial authority for redress.
3. Before returning to the court, the complainant should correct the violations if the application has been returned or correct the circumstances that led to the case being dismissed.
4. A citizen has the right to address a claim to the same or other justice of the peace.

Retrial in the court ' s ruling

A parent living with his or her child has the right to apply to the court to change the amount of maintenance payments.

In the circumstances of the case, re-apprisal in court will be denied.

If there is sufficient evidence, the judge will grant the retrial.

A second application may be made to the plaintiff in the event of new life circumstances, such as:

• Dismissal from work, inability to find long-term earnings, and the state of the labour exchange;
• The severe illness or disability of both the parent and the child, in which the extra costs of drugs that have a significant impact on the family ' s budget are high;
• The presence of the mother (or father) living with a minor family member, a new dependent, a newborn child or an incompetent parent taken into care.

The applicant must make copies of the documents in advance:

1. Passports.
2. Birth certificates and divorce certificates (if any).
3. Family composition certificates at the residence at the place of residence.
4. Collect all receipts, cheques, other documents supporting the reasons for the change of payments.

For the record, if there's any possibility, it's worth finding out the source of the alimony's income.

This is particularly important when the second parent is employed informally, is an entrepreneur and earns irregular earnings.

The most important step in this case is to write a statement of claim.

A claim for maintenance is a sample.

Under the Code of Civil Procedure, article 126 should specify the following data:

1. Name and address of the court.
2. The FIO and the residence of both sides.
3. The circumstances that give rise to a second claim for alimony.
4. List of evidence.
5. The amount of money required to support the child ' s welfare.

It is further necessary to pay 350 rubles of State duty, deposit a package of documents in court and await the date of the trial.

After the court hearing and after the expiry of the appeal period, a court order or judgement shall be issued in the hands of the plaintiff at the court ' s office.

Retrieving through the service of bailiffs

The cancellation of the execution sheet is an action by the recovery agent aimed at suspending the execution proceedings.

At the end of the trial, the judge may issue an order or a decision. Article 121 of Part 2 of the Criminal Procedure Code of the Russian Federation stipulates that the order shall be an executive document at the same time, so that it is not necessary to request the office of the court to apply for bailiffs.

This document is submitted to the bailiffs ' office, which is responsible for the recovery of maintenance.

However, the applicant has the right to demand that the penalty be terminated, and the executive record shall be returned to the applicant on his application.

The reasons for the discontinuation of payments vary as follows:

• The former spouses reconciled and resumed their relationship;
• The payer found informal employment and began to pay alimony in excess of the amount ordered by the court;
• The beneficiary of maintenance does not need to receive funds due to the improvement of the material condition;
• The agreement between the parties that one of the parents would, in lieu of monthly payments, arrange the property for her and/or the child;
• On the order of the carer to obtain permission to leave the child abroad.

If the circumstances of life have changed, it is possible to recover alimony again before the child's 18th birthday and in the next three years.

How do you resume alimony after you say no?

We're getting the papers ready.

What kind of documents do you want?

1. Copying the passport.
2. Certificates from both sides ' residence.
3. A court order or an executive order for the recovery of maintenance.
4. A bank account with bank details to which the funds will be transferred.

All documents must be submitted in the original together with the application, except for a copy of the passport.

We're filing an application for re-apprisal.

Write an application to the Chief of the SPF at the debtor ' s place of residence.

It shall contain the following information:

The names of the judicial bailiffs to which the statement is written;

• FIO and the address of the applicant ' s residence;
• Information on the court decision: FIO of maintenance payer and child, amount and method of recovery;
• The requirement to initiate a re-executive proceeding;
• The place of residence of the claimant and the payer;
• Account number for maintenance;
• Date of writing, applicant ' s personal signature.

Application for re-initiation of the enforcement proceedings.

It is further necessary to file the application and the above documents with the bailiffs and to await the resumption of the enforcement proceedings.

Therefore, it is easy to apply for re-imbursement of funds in the MTSP.

However, writing a lawsuit before a court would require respectable circumstances, which the plaintiff should confirm by certain documents.

How to Reapply for Maintenance

Many of the recipients of maintenance refuse to continue to receive maintenance because of different circumstances and cease to collect it; however, this does not deprive them of their right to demand maintenance in the future. Consider how to reimburse maintenance after refusal.

In general, recipients of maintenance are entitled at any time to refuse to receive maintenance from maintenance providers, especially mothers who very often refuse to receive financial assistance from the father of their children after divorce.

There are two ways to avoid alimony:

• Refuse maintenance in court proceedings;
• Rescission of the procedure for the enforcement of maintenance.

It is simply not considered as a refusal in the sense in question and has no legal significance, but in any case the beneficiary of the maintenance is entitled to claim the money again in court or otherwise.

What could be the cause of the rejection? Most of the refusal was due to the improvement of the recipient ' s financial position or, on the contrary, to the deterioration of the payer ' s financial condition; in any case, the refusal was by definition temporary.

Withdrawal of the executive document

Coercive measures against a maintenance payer are applied by bailiffs on the basis of an executive document; the executive document is a court order for the enforcement of a judicial decision.

Procedural legal actions by bailiffs are not initiated until the document under consideration is available to them.

The withdrawal of such a document, in turn, is a ground for the termination of enforcement measures.

The termination of enforcement proceedings is based on one of the following grounds:

• The full recovery of the implementing document ' s arrears;
• Withdrawal by the guarantor(s) of the document.

The right of withdrawal is mandatory and not subject to challenge by third parties; the beneficiary of the content has the right to decide on the matter on his own.

The withdrawal shall be subject to a separate order by the bailiff to dismiss the proceedings, which shall include as grounds the expression of the will of the perpetrator.

How to resume retention of maintenance?

So, how many times can you apply for alimony?

• By filing a claim for maintenance with the court again;
• By re-examining the bailiffs of the relevant executive document.

Each of these means, in order to re-apply for alimony after refusal, has its own characteristics. For each of these cases, it is necessary to have its own procedural basis, so that a lawyer will not be required to consult before filing a complaint or applying to bailiffs.

Should we go to court?

So, can you reapply for alimony? As it has been said, a retrial requires its procedural basis. Without the statutory grounds, the court will simply not accept and refuse to consider such a claim.

Retrials may be the result of the following reasons:

• A court ' s refusal to accept an application may result from the defects of an earlier application, in which case the court will allow the claimant to re-apply after the defects have been corrected.
• Other circumstances that caused the change in the amount of the required content or other circumstances of the maintenance relationship between the claimant and the respondent.

In both cases, however, alimony may not be applied again; the court does not accept applications in cases in which it has already ruled.

The main features of such cases are:

• Single subject matter of claim (sum, nature of claim);
• The same sides.

If there were both such grounds, the court simply could not accept the application, since the procedural law did not allow two court decisions in the same dispute; thus, two times the same dispute would not be heard by the court.

In such cases, there is an earlier decision, which is the basis for the recovery of maintenance, and this decision must be enforced, which is the task of bailiffs.

Application to the Judicial Guards Service

So, can you apply for alimony a second time to the bailiffs if the mother has abandoned them earlier? The bailiffs are authorized officials to use coercive measures against the alimony payers; however, they can only act on the basis of an executive document, which is issued only on the basis of a court order.

For various reasons, in practice, the beneficiaries of maintenance refuse to impose a penalty; in such cases, on the application of the recipient, the bailiffs terminate the execution proceedings and all measures of enforcement.

However, such withdrawal of maintenance is not recognized as a waiver; a person may refuse maintenance held only for his maintenance; and when maintenance is provided for children, the recipient is not entitled to refuse maintenance because he or she is thereby prejudiced by the interests of the children.

Regardless of the reasons why the recipient refused to enforce the retention of maintenance, he or she is entitled to reopen the execution proceedings without any special grounds for doing so, and this is recognized as a reprioritization of maintenance.

However, it is not only the newly acquired maintenance debts that arose after the withdrawal of the performance document, but also the paymenter has the right to demand the recovery of prior debts, which should have been withheld before the withdrawal.

Presentation of the executive sheet

The reason for the bailiffs to initiate proceedings and impose enforcement measures is an executive document; as with the first application for enforcement, it is also attached to the application in the second.

The following particulars should be included in the content of the statement:

• Information on the payer and the recoverer;
• The details of the document which is the basis for enforcement;
• The details of the bank account to which the funds recovered from the payer as a result of the enforcement measures are required.

The executive document itself will be submitted to the bailiffs as an annex to the application; without the original of the document, the bailiffs neither accept nor initiate the enforcement proceedings.

What if the executive list is lost?

It is quite common for claimants to lose their executive documents when they are re-applied for alimony, in which case it is not possible to apply to bailiffs; however, lost documents can be restored in one of the following ways:

This is an application to the judicial authority, which issued the relevant executive document; usually the court is the one that ruled in the relevant maintenance case; the same court order is again the basis for issuing the executive notice.

Second option

Through a notary who has ever certified a copy of the relevant executive document, notaries usually keep copies of the documents they have ever certified; the notary may simply issue another certified copy of the document, which will have the same effect as the original document.

It is worth noting that these methods differ in the size of the State duty, and notaries charge fees for services in addition to the government service, so it is not cost-effective to approach them.

Can you apply for alimony for a second time?

The duty of the parents to support their children is not always fulfilled by them.

Voluntary waiver of maintenance

Since such payments are targeted and are intended most often for the maintenance of minor children, the claimant (the child ' s mother) may, on his or her own initiative, refuse to receive such funds, which means that any written agreement that she undertakes not to collect child support from the father of the children in exchange for any material goods is null and void and is not permitted by law.

In some cases, alimony may not be recovered or paid, whether or not the claimant wishes to receive it.

If the court refused to accept the application

It is not always possible for parents to maintain a good relationship after divorce, and the issue of the recovery of maintenance is most often decided by the court on the plaintiff ' s application.

If these requirements are violated, the court will refuse to accept the plaintiff ' s application, in which case the person does not lose the right to maintenance, since it is sufficient simply to correct the defects that have occurred in the preparation of the claim and to refer it back to the court.

Another reason for refusing to accept a claim is the existence of a decision already made to recover maintenance from a particular person in favour of the plaintiff.

In such a case, re-application of alimony is not acceptable, but a new claim can be filed by changing the nature of the claim.

For example, to reduce or increase the amount of maintenance, to ask the court to change the way in which they are paid and paid (from a hard-to-money ratio and vice versa).

If the court refused to recover maintenance

An analysis of case law shows that the courts refuse to recover maintenance if it is established in the proceedings that the claim is filed with a view to reducing child maintenance payments from previous marriages.

This can be avoided if the plaintiff can prove that the defendant, despite having lived with the children of the current marriage, does not provide them with material support without participating in their maintenance.

The plaintiff himself refused maintenance.

In practice, there are cases where the claimant (i.e. the person who has the right to receive alimony) voluntarily refuses such payments.

The most common reason for this decision is increased well-being and wealth, but sometimes the reason for refusing maintenance is the reluctance to meet with and maintain a relationship with the alimony payer and to receive material assistance from him.

Refusal of maintenance may be effected as follows:

• If a person brings a claim for maintenance, the court shall decide to dismiss the claim, and if the case is dismissed, the plaintiff may file a similar application, if the circumstances that led to the rejection of the maintenance are different; the most striking example is that during the dissolution of the marriage, the spouses decide to retain the family, thereby eliminating the need for the formal recovery of maintenance, since both parents continue to live together with the children.
• Refusal of an executive document from the debtor ' s place of work or from the bailiff ' s service on the initiative of the claimant; in fact, such action does not mean a complete refusal to receive maintenance, but only a temporary suspension of such payments; at any time, the claimant in possession of the executive record has the right to repeat it to the bailiff with a request to initiate enforcement proceedings and to withhold payments from the debtor ' s income.

The bailiffs refused to recover maintenance.

In such situations, it is not to be despaired that a person may return an executive document to him six months after the bailiff has returned it to him; in such a case, the execution proceedings will be reopened, and the bailiff will have to re-establish the place of work and the debtor ' s income and retain the child maintenance money from them.

If the performance sheet is lost

Coercive recovery of maintenance is carried out only if there is a court order or executive notice issued by the court; the loss of such paper is significantly complicated by the enforcement process, but it is not always cancelled.

Thus, in the event of the loss of an executive document, the claimant has the right to apply to the court for the issuance of his duplicate, which is equivalent in effect to the original.

There is no need to repeat the claim for maintenance.

Thus, the loss of the performance sheet does not entail a waiver of maintenance, but only suspends the payment of maintenance until the duplicate is received.

Conclusion

Russian legislation does not provide for the possibility of multiple recovery of maintenance through a court if the relevant decision has already been handed down and has entered into force.

However, in some cases, the plaintiff has the right to re-apply to the court or the bailiffs to obtain money for the maintenance of the children.

However, the amount of maintenance to be recovered cannot be increased on its own; it does not depend on the number of applications to the court, since only the material situation of both parties and a number of other objective circumstances are relevant to its determination, and not the frequency at which the plaintiff applies to the court or to the bailiffs.

Recent developments

No significant legislative changes were envisaged in 2023.
Our experts are tracking all legislative changes to provide you with reliable information.

Is it possible for you to file a second alimony, a re-offend for alimony?

The purpose of maintenance obligations is to keep the parent who has left the family with his or her minor children by regularly paying fixed amounts, which may be imposed by both the judicial authority in the relevant decision and in the form of a voluntary agreement between the former spouses when they have been able to find a compromise.

But often when a mother receives the money, she realizes that she does not have enough to maintain a decent standard of living for a child, but the father may realize that the amounts he will have to pay out of his income are too large and that the funds left at his disposal do not allow him to live normally.

In both cases, the ex-wife may wish to re-apply for judicial assistance to recover maintenance and the question of whether a second alimony application can be made for a second time? The situations that give rise to the right of recourse to the court are different and require separate consideration.

Re-supplies for alimony

If an application has already been made to the court, a similar claim in the form of a claim for maintenance cannot be re-claimed in any case and the failure of the former spouse to comply with the obligations set out in the original document cannot be invoked again.

A claim for maintenance may be brought before a court after a decision or order for maintenance can be made in the following cases:

• Reductions or increases in the amount of maintenance awarded, if fixed;
• Recovery of maintenance in favour of a mother who is entitled to payment before the child reaches the age of 3 and during pregnancy;
• Changes in the manner in which maintenance is charged – from a firm share or vice versa;
• Discontinuation of maintenance payments.

Thus, a re-claim for alimony may not be filed if there is an effective decision, and all issues relating to the default of the payer are subject to judicial review by the bailiff or by the court, on the application of the persons concerned and in the enforcement proceedings.

Re-supplied for maintenance of the performance sheet

In accordance with the general rules of procedure, the executive record obtained from the proceedings is subject to execution by the authorized bailiff, who, in the course of the proceedings, ascertains whether the person has the means and property to perform the property duties properly and takes other measures; however, the beneficiary of maintenance may, for a number of reasons, for example, blackmail on the part of the father concerning the issuance of an agreement for the departure of children to another country, change his mind and wish to give up maintenance.

The use of this end-of-trial mechanism does not deprive the recipient of the right to recover maintenance payments in the future; the former spouse has the right to change her decision and return the executive document to the ROSP; and the total period of three years for the presentation of a sheet or an order for execution does not apply to alimony; the document is valid until the child ' s majority.

In such a case, the former spouse may file a declaration of refusal to obtain maintenance, which will result in the return of the application form and the conclusion of the proceedings; it shall be declared final from the time of application to the bailiffs, regardless of the time when they have made a specific decision on it.

Note: The payment of maintenance will take place only from the time of presentation for the second time, without covering the period during which the performance sheet was in the hands of the recipient of the funds at his or her initiative.

Can alimony be applied again to adjust its size?

The above-mentioned situation is the desire of one of the parties to change the amount of payments or the manner in which they are determined; there is a sequence of actions to increase and reduce the amounts; the possibility of such manipulation is enshrined for both parties in article 119 of the Family Code.

It should be noted that in all cases the decisive factor may be the significantly changed marital or material situation of a former spouse, including when:

• The mother has a high income to ensure that the child ' s interests are fully protected;
• The father ' s salary is so low that the maintenance he pays is beyond his capacity to bear;
• The former spouse became disabled, resulting in additional maintenance costs, loss of income and other similar cases.

The reasons for the increase, on the other hand, are the circumstances in which the fixed amount is insufficient to provide full financial assistance to the child, or the material situation or health of the spouse living with the minor has deteriorated dramatically.

What should be done to formally change alimony payments? If the basis of the property obligation was an agreement, its terms should be changed, after which the document must be certified by a notary; however, such action would require the consent of both spouses, which was rare in practice.

If the alimony was ordered by the court, it would be exclusively his; a new claim was filed, not for the recovery of maintenance, but for a change in its size; the procedure for drawing up the claim was no different from the general rules for the recovery of maintenance.

ATTENTION: The requirements must be well-founded and each ground must be supported by appropriate evidence.

Is it possible to re-apply for alimony after refusal: as a second time, how many more

Under the law, if a couple with a child filed for divorce, one of the parents was entitled to maintenance, and a husband could not refuse to pay money to a minor child.

However, if the mother refused to pay, the procedure would have to be resumed.

At that point, the question arose as to whether it was possible to re-apply for alimony after refusal and what documents would need to be collected to do so?

Is it permitted by law to file a re-claim if previously refused

Re-opening of enforcement proceedings on maintenance is possible, and by law a woman has the right to apply for funds from her ex-husband; in court practice, there are cases in which the mother files a claim for recovery of money, but the parties agree between themselves, so that the woman withdraws her application by refusing to receive maintenance.

It matters!In order to file a new application, it will be necessary to re-assess all the documents and certificates and then apply to the court.

It is possible to reopen the proceedings for a variety of reasons, for example, if the payment of money does not satisfy the guardian ' s size; it is also applied for a second time if the maintenance worker has become incompetent, or the child decides to live with another parent. It is worth describing each case in more detail.

Pending the adoption of the case

If you can re-apply for alimony, you've already been told, it's worth considering a case where you're allowed to file a second application, and there are several reasons why the court refuses to grant alimony to one of the parents.These include:

• The basic requirements of jurisdiction or jurisdiction have been violated;
• The applicant forgot or refused to pay the duty;
• The documents do not contain the plaintiff ' s signatures;
• The application is incorrect or inaccurate;
• The complainant did not appear at the meetings more than twice.
  How to file for alimony after divorce

If the reason is that the application is based on a breach of jurisdiction or jurisdiction, then when the reason is established, the claimant has the right to rewrite the document and submit it for reconsideration.

It matters!If the paper is issued for a child under 18 years of age or for a relative with a disability, the claim must be brought before a justice of the peace.

An application for the resumption of enforcement proceedings on maintenance may be considered even if the decision has already been rendered and it has failed to satisfy the plaintiff ' s claim.

The judge has the right to refuse financial compensation for the child on the basis of articles 134 and 220 of the Criminal Code of the Russian Federation, which specify in detail the reasons for the refusal, in which case the applicant must determine the reason why the judge ruled against him.

It was also important to formulate the requirements correctly in the document.

In this case, the decision is often not in favour of the plaintiff.

In order to be positive, a woman must prove that a man, although married and with children, does not fully provide for them or does not participate in their maintenance.

Subject to agreement

Some parents decide to settle the matter simply by signing an agreement that sets out all the details of the minor ' s maintenance, but the procedure may be resumed if the mother decides to obtain more support from the defendant, in which case the court will be required.

Not many people know that if an agreement is already in place, it will not be possible to bring the documents before the court, in which case it is assumed that the money will be collected from the father again, so the application will not be accepted.

Pay attention!Even if the claim is admitted, the case will establish the existence of an agreement and will be dismissed.

In order to obtain compensation for the child ' s material plan, the claimant must terminate the agreement, which is valid, and this can only be done by agreement between the two parties.

If, on the other hand, it is proved that the amount of the penalty under such an agreement is significantly lower than that provided for in article 81 of the Russian Federation, the law allows for the termination of the document directly in court and, thereafter, for the recovery of the required maintenance payments.

Replacement of parties

Repayment of funds may be made if there is a need to transfer the claim.A change of parties may be necessary if:

• There has been the death of the perpetrator;
• The child moves permanently with the father, in which case the responsibility for the partial maintenance of the minor is transferred to the mother;
• In an enterprise that collects documents, there has been a reorganization, including a change in the name of the company;
• Parental rights were transferred to another person.

There are a number of other circumstances that may lead to a change of parties, but all of them are rare; depending on the reason, a document should be drawn up that will strictly follow the rules of the Code of Civil Procedure of the Russian Federation.

List of documents to be prepared

If the first claim was dismissed, a second application could be filed, but a number of documents would have to be collected; if there were no certificates, the judge had the right not to hear the case.The package consists of:

• A copy of the birth certificate of the child or of all children;
• An extract from the bank indicating the details for the collection of funds;
• A copy of the applicant ' s passport;
• If the child was born in a common-law relationship, a copy of the recognition of paternity by the court should be attached;
• Copies of the divorce certificate (marriage certificate);
• The original of the court decision or the executive record.

These are the basic papers that will have to be prepared, but in addition to the need for an extract from the home book as well as a certificate of income, the bailiffs are not entitled to refuse to readmit the execution sheet.

If the defendant delays payment for a specified period of time, he will pay a certain amount of damages for each month.

When the transfer of money does not take place for more than two months, administrative liability may be imposed on the citizen.

Restatement to increase cash

If the maintenance amount is not acceptable to the applicant, he or she has the right to file a claim for a firm sum; normally, the judge appoints the defendant to pay 25 per cent of the salary for one child.

But this amount is not fixed if the alimonyer receives a different salary every month.

In some cases, the plaintiff is entitled not only to a fixed amount but also to a percentage of the defendant ' s earnings.

If the child ' s father earns a different amount of money each month or it is suspected that the alimonyer deliberately conceals the amount of his or her earnings, the mother has the right to apply again to the court.

Can the process be resumed if the application has been withdrawn

If the parent has previously refused to recover compensation from the defendant, the mother often withdraws the claim because she agrees with the man to settle the matter peacefully; if the defendant has ceased to comply with the agreement, the applicant has the right to apply again to the court to recover the money.

This means that a woman may withdraw the application and then file it again if the payment by the defendant has ceased; the documents may be sent for consideration before the child reaches the age of 18, and within three years thereafter.

Recourse to court for loss of documents

Any person may lose his or her documents, so there is a possibility of resuiting the maintenance money, but first it will be necessary to restore the documents, and this will involve recourse to the judicial authority. If the documents have been issued there, you can obtain the required papers from the person who issued the order by filing the application.

Pay attention!It is difficult to get into court because it takes place on certain days and hours, which is why the plaintiffs often seek the help of notaries; the company will have to pay the money, but the process of recovering the lost documents will be much faster.

The law does not specify the exact number of times you can apply for alimony, so this number is not limited.

It is worth noting that the parties have the right to agree orally or in writing on a certain amount of payment without seeking judicial assistance, but if one of the parties does not agree to the contract, it is dissolved and the matter is settled by the courts.