Completion, suspension, termination of maintenance enforcement

A request for financial assistance is made on a voluntary basis or on the basis of an executive record obtained by a court; it is not uncommon that there is no longer a basis for the payment of obligations, but the recovery of funds is still carried out; in such a situation, a request for termination of proceedings must be made and submitted to the judicial authority.How to stop the maintenance enforcement,The payer should prepare papers to prove the validity of his claims.

Differentiation of basic concepts

The claim proceedings involve three procedures:

• Termination;
• End;
• Suspension.

The first term refers to the performance of all obligations by the payer; the end of the proceedings occurs when the bailiff completes his or her work, for example by transferring an executive notice to the organization in which the maintenance worker works; the suspension of the proceedings means the temporary freezing of proceedings in connection with the circumstances specified by law.

Legalgroundsfor:..................................................................Discontinuation of the executive maintenance procedure

The award of maintenance payments, as well as the cessation of their claim, is of a claimant nature.

Therefore, a citizen who has proof that there is no further need to transfer money to his or her child must file a claim and submit it to the court.

In accordance with FL No. 229, article 120 of the SC of the Russian Federation and decision No. 50 of the plenary of the Supreme Court, the following are sufficient grounds for the complete suspension of the executive procedure for the enforcement of maintenance:

• The child reaches the age of 18;
• Marriage or formal employment of minors;
• Adoption of a child by another citizen;
• A challenge to the relationship between the payer and the child;
• Entering into a new legal marriage by the former spouse in favour of whom alimony was paid;
• Death of the recipient of the assistance or maintenance;
• The end of the agreement between the child ' s parents, if any.

Suspension of claim for maintenance in favour of a minor

In addition to the complete termination of the production of the UK, it is possible to suspend the payment of maintenance, which must be one of the following grounds for initiating such a procedure:

• Death of the payer;
• A significant deterioration in the state of health of the person under maintenance;
• The payer ' s stay on official business;
• I'm gonna have a maintenance guy wanted out for a hard-on non-payment of obligations.

The procedure for the collection of obligations is suspended indefinitely; if the reason for the temporary freezing of the enforcement proceedings is lost, the court is entitled to continue the recovery.

How to GetOrder to terminate the maintenance enforcement process

In order for the judicial authority to issue a document to stop the collection of funds, the payer must file a complaint, which, according to the Russian Code of Criminal Procedure, must contain:

• The details of the judicial authority and its registration address;
• The plaintiff ' s full name, address and telephone number;
• The respondent ' s FIO and its registration address;
• Information on underage children;
• The details of the paper under which maintenance obligations, such as a court decision or an agreement between the parents, are enforced;
• A description of the circumstances that led to the suspension of payments;
• References to the law on the basis of which the plaintiff refers to the court;
• Claims for termination of maintenance payments;
• A complete list of the documents attached to the claim;
• Date of writing and signature of the plaintiff.

Documents attached to the claim for cessation of payment of maintenance

The Office will not accept the statement of claim unless it is accompanied by a package of documents consisting of:

• A copy of the statement of claim;
• Documents proving the existence of the circumstances that led to the submission of the claim to the court;
• :: A copy of the document under which money was recovered from the alimony;
• A receipt of the payment of the State contribution in the amount fixed by the CNC of the Russian Federation.

The amount of the State contribution for the termination of maintenance proceedings is 300 rubles, and it is possible to find tax requisitions on an official website or court office.

Discontinuance of termination of maintenance

If the bailiff considers that the grounds laid down in the claim are sufficient, he or she will issue an order to terminate the execution proceedings; copies of the order shall, in accordance with the law, be handed over to the SPF to the person responsible, the recipient and the judicial authority that ordered the recovery.

It is important that the recovery of funds for the benefit of minors be discontinued only if the debtor does not have a debt of alimony; if the debt is present, then the citizen must pay it off and only then apply to the SPT.

At the end of the day: what is the mechanism for the withdrawal of the implementing document on maintenance?

Affiliated, upon the emergence of grounds regulated by the UK of the Russian Federation, FZ No. 229 and decision No. 50 of the Supreme Court, has the right to file an action for revocation of the execution sheet.

In a court statement, the citizen must state the circumstances of the application and list the evidence in respect of which the payer has the right to stop the compulsory demand for child maintenance.

In the event that the parent has some arrears in maintenance payments, he or she must pay the debt in order to terminate the penalties.

Discontinuation of maintenance enforcement proceedings

A large number of the parents of our country are contributors or recipients of child support, which is intended to support children who are minors and how to obtain support voluntarily or in court is known to many, but this information is not well known to all when it comes to the circumstances under which the law provides for the termination of the execution of maintenance.

Consider the main issues with which the law relates to the end of the compulsory retention procedure for child maintenance.

Grounds for discontinuation of maintenance payments

The grounds on which maintenance payments are no longer recovered depend on whether the child ' s compulsory or voluntary cash is paid by the father (mother).

Maintenances are paid by court order

When payments are recovered and withheld by judicial order or by order of the court, the penalty shall cease when the following circumstances occur (article 120 of the Family Code of the Russian Federation):

• Death of a child or payer.
• Children reaching the age of 18.
• Emancipation: If a person over 16 years of age is self-employed (contracted, engaged in entrepreneurship), if there is no objection on the part of his or her parents, the guardianship and guardianship authority or the court may declare him or her competent, i.e. a person with all rights and obligations of majority (art. 27 of the Civil Code of the Russian Federation), and the minor loses the right to maintenance from his or her parents.
• Marriage before the age of majority: If a minor has reduced the age of marriage and has entered into a marriage, he or she also acquires all the rights and duties of an adult from that moment on, in accordance with the law, by losing the right to maintenance from his or her parents (art. 21 of the Civil Code of the Russian Federation).
• Adoption of children: In the case of adoption, the obligation to maintain children is terminated, but sometimes, when adoption is not carried out by a couple but by one person, the rights of the child are retained by the other parent if he or she so wishes, and the obligation to maintain the child remains.
• Contestation of paternity: If the payer proves to the court that he is not a biological father, the penalty for maintenance must be discontinued, but if he knew that he was not the father of the family, when registering the child, but he agreed to be identified by the father, the claim is not admissible, the obligation to maintain the child remains (article 52 of the Family Code of the Russian Federation).

Support provided on a voluntary basis

Money is not always collected by a court of law, parents may at times voluntarily agree on the amount and specific conditions of payment of money for the maintenance of common children; the agreement is certified by a notary and must be enforced by the parties.

The grounds on which the payment of money by agreement is subject to the unconditional cessation of payment shall be the same as those listed above in court proceedings, and the law also establishes the following additional cases under article 120 of the Family Code:

• Death of a person who is a party to the agreement; payment shall cease upon the death of either parent (not only the payer).
• The parties may provide for any period of time during which the maintenance is paid by the agreement, after which it shall not be paid; the parties may conclude a new agreement or decide on the recovery of money intended for the maintenance of the children through the court.
• Conditions laid down in the agreement: Parties may provide for any conditions under which payments are terminated, e.g. remarriage by one of the parents, admission of children to work or self-employment, other conditions.

If the above-mentioned payments are made voluntarily, without enforcement or deduction from salary, in the event of the above-mentioned circumstances, there is no need to go anywhere; the payer may simply stop paying the sums of money.

Discontinuation of enforcement proceedings

If the payer avoids the payment of money for the maintenance of common children, the recovery document shall be submitted to the bailiff who initiates the execution proceedings. The bailiff shall determine where the debtor works and send the documents to be executed, which shall be the deduction of certain sums from the payer ' s salary.

In the event of the above-mentioned grounds for the termination of the proceedings, the proceedings instituted are to be terminated (art. 47 of the Law on Enforcement Proceedings).

The termination of the enforcement proceedings on maintenance shall determine the grounds on which it is to be completed; under some conditions it may be terminated directly by the bailiff, while under others it will be necessary to file an application with the court.

You can also withdraw the executive notice from the bailiff ' s office on your own, if you so wish.

Discontinuation of the production by the Executive Conservator

In order for the bailiff to issue an order to end the proceedings, it is necessary to inform him of the relevant circumstances by filing an application for termination of the enforcement proceedings, as follows:

1. Children reaching the age of 18.
2. Emancipation or marriage before the age of majority: a copy of the emancipation decision or a copy of the marriage document must be attached to the application; if these copies are not available on hand, it is not possible to obtain them on its own, it is necessary to apply for documents directly by the bailiff, and he himself will make requests for copies.
3. Death of the person paying or receiving the money; documents must be attached to confirm the death or to file a claim for it.
4. Existence of the conditions prescribed in the agreement: If the money is recovered by agreement, and the condition that the parties are bound by the cessation of payments is met, this must be brought to the bailiff by attaching documents to support the circumstances invoked by the claimant.

Discontinuance of proceedings

The recovery of maintenance shall be terminated solely by the court if:

1. Adoption: Judicial practice is based on the principle that alimony shall cease to be recovered from the day the court's adoption order becomes enforceable; the amounts recovered after that date shall be returned to the debtor; if the parent retains parental rights at his or her request, the money shall continue to be withheld.
2. Contestation of paternity: In the course of judicial review of an application to challenge paternity, the payer may at the same time apply for exemption from the payment of maintenance, which may be applied to the court after the court ' s decision confirming the absence of a relationship between the father and the child has entered into force.

In the claim, state:

• Name of the court, address of the court;
• F.I.O., addresses of the debtor and the claimant given to the children;
• The source data of the document upon which the recovery is effected (judicial decision, order or agreement);
• The circumstances that led to the filing of the claim;
• References to the law;
• :: The requirement to cease the recovery of maintenance.

Attach to the application:

• A receipt confirming the payment of the public service;
• Trust in the conduct of the case by the representative;
• A copy of the document on which the payments are made;
• Evidence of the circumstances that gave rise to the claim.
• A copy of the suit and its annexes for the other party.

The application is paid for in the amount of 300 rubles by the Ministry of the Interior and is posted on the official website of the courts or may be obtained by contacting the court directly.

An application with annexes must be filed with the court that made the initial order for the recovery of the maintenance of the children or, if the retention is effected in accordance with the agreement, at the place of residence of the other party (the defendant).

After the judgement has entered into force, provide a copy to the bailiff for the closing of the last enforcement proceedings.

Nuances

When the bailiff determines the circumstances in which the execution proceedings must be terminated, he shall be ordered to terminate the enforcement proceedings; copies of such an order shall be sent to the applicant and the debtor, as well as to the court to which the original recovery order was issued.

Dissenting parties have the right to appeal against the decision to the chief bailiff or through the court; the appeal period is 10 days, if missed, and will be denied consideration of the complaint.

If there is a debt on the part of the payer, the maintenance enforcement proceedings may be terminated only after full payment; that is, there will be no new charges and the debtor ' s salary will be deducted until all prior debts have been paid.

 

To sum up, in order to halt the recovery of maintenance, if necessary after having received the court ' s decision, it is necessary to make an application to the bailiff, attaching documents confirming the circumstances for the termination of the debtor ' s claim.

It must be borne in mind that proceedings are terminated only after full payment of maintenance debts.

Completion of maintenance enforcement proceedings

The FL of 02.10.2007, No. 229-FZ, provides information on the grounds on which it is possible to suspend, terminate and terminate the maintenance enforcement proceedings; the procedure is carried out by the bailiff in accordance with a certain procedure.

Suspension, termination and termination of enforcement proceedings: differences

The termination, termination and suspension are different legal grounds and consequences, so these concepts cannot be confused; the characteristics of the change in the state of enforcement (hereinafter referred to as IP) are regulated by FL 229-FZ, after which it can be concluded that there are significant differences:

Made temporarily, renewable at any time	One debt is discharged forever. A new IP is created when another debt is created.	Possible in the execution of a debt collection obligation by the bailiff
Applicable in the event of non-performance of debt if the debtor is abroad or is wanted	All debts are fully repaid. Resumption is not possible.	ED is transferred to the accounts of the organization at the debtor ' s place of employment by the bailiff, thereby automatically granting alimony to the claimant.

Discontinuation of enforcement proceedings

The termination of the IP is possible if there are grounds reflected in article 43 of FL 229 and article 120 of the SC:

• Refusal of maintenance;
• Death or admission of a person who has died or is missing;
• Death of the payer or child on whom alimony is to be paid;
• The acquisition of legal capacity by minors: employment or marriage after 16 years of age;
• Cancellation of paternity if the court recognizes the parent of another man;
• The recipient ' s remarriage if the payments were made to the spouse in need.

The consequences of the termination of the IP are reflected in article 44 of FL 229. After the issuance of the ordinance, the compulsory penalties: seizure of property or bank accounts, prohibition of exit abroad, etc.

If the debtor has maintenance debts or performance fees, after the termination of the IP, the bailiff shall issue a separate order for the recovery and settlement of the debt, with the exception of the annulment of the judgement or the invalidation of the ID: there shall be no opening of a separate IP.

How to draft a declaration of termination of IPs

The application for termination of the IP shall be submitted to the bailiffs or to the court, which has issued the IL and the decision on the recovery of maintenance, and the time limit for the consideration of the document shall be 10 calendar days.

The claim may be based on the death of the claimant or the debtor, as well as the refusal of maintenance.

The document should contain the following information:

• Name of judicial authority;
• FIO of the claimant or debtor;
• The FIO of the marshal;
• Date of initiation of IP;
• The subject of the penalty;
• Application for the termination of the IP on the basis of article 43 of FL 229;
• An inventory of the attached documents;
• number and signature.

Suspension of enforcement proceedings

The suspension of the IP is carried out by a court or bailiff.

In the first case, this is possible on the following grounds:

• A challenge to the valuation of the seized property; this is possible if the debtor ' s real estate or car is confiscated to pay maintenance debts;
• A challenge to the enforcement fee order;
• In an action for the removal of property;
• A challenge to the judicial act on the basis of which the IP has been initiated;
• :: Recourse to the courts by the parties to the proceedings to clarify the provisions of the ID;
• The debtor ' s stay on a business mission.

The procedure for the suspension of the IP by the bailiff is subject to the grounds laid down in article 40 of FL 229:

• If maintenance debts are recovered and he/she has heirs, he/she is liable for the debt of the he/she within the value of the inheritance; pending resolution of the situation, the IP is suspended;
• Loss of legal capacity for maintenance, urgent service in the Armed Forces of the Russian Federation or dispatch for combat;
• The debtor ' s recourse to the court for a delay or a delay in payment of the execution fee.

Suspension is permitted when a non-payer is declared wanted or institutionalized, but this is not always acceptable; each situation is considered individually and depends on many factors.

How to draw up an application for suspension of the IP

The party to the case file is entitled to file an application for suspension of the IP containing the following information:

• Name of judicial authority;
• FIO of the applicant and the debtor;
• The FIO of the marshal;
• Addresses of the parties ' registration;
• IP number;
• A description of the grounds for suspension;
• Request for suspension with specific time limits;
• An inventory of the attached documentation.

End of enforcement proceedings

The termination of the IP shall be carried out by the bailiff on the grounds provided for in article 47 of FL 229:

• Debt performance: If the debtor fully repays the default and the principal debt, the IP ends.
• Sending IDs to the accounts of the organization at the debtor ' s place of work for systematic retention of payments, in which case the alimony will automatically be paid to the recipient within three days of receipt of the payer ' s payer ' s payer ' s payer ' s payer ' s payer ' s approval is not required.
• Application by the applicant for termination, e.g. if the parents have reconciled or for other reasons for which the woman refuses to pay.
• Applying by the payer, it's relevant when the child moves on to maintenance.
• The change of place of residence of the person under maintenance is therefore transferred to another unit of the FSPB at its registration address.
• The transfer of the payer to another State with which the Russian Federation does not have an agreement on the execution of judicial decisions; in this case, it is impossible to recover the money and the ID is returned to the applicant.

How to draft an IP end statement

The applicant or the debtor is entitled to apply for the end of the IP and must include the following particulars:

• FIO of the marshal, name of the SPF;
• The number and date of the IP;
• The data of the claimant and the debtor;
• Application for the end of the IP on the basis specified in article 47 of FL 229.

Practical examples

It is recommended that each situation be reviewed in detail in order to deal with the changing state of IPs.

End of IP

The ex-husband paid all the debts to the recoverer on 05.06.2018, kept the bank receipts, and the ex-husband did not go to the bailiff to finish the IP, and he had to do so on his own.

Completion, suspension, termination of maintenance enforcement

Discontinuation of maintenance enforcement proceedings is one way to cancel or terminate the debtor's obligations to minors, and the grounds for terminating proceedings by bailiffs are numerous, but not all of them apply to maintenance cases.

Suspension, termination and termination of enforcement proceedings: What are the differences?

The discussion discusses the debt situation, the particulars of exit and the most likely scenarios if the debtor refuses to pay for the maintenance of the minor child.

If maintenance obligations are refused, the debtor may be subject to the following measures:

1. Invocation of civil liabilitywhich may consist of the deprivation of parental rights or the filing of a claim for the payment of damages for the entire period of late payment and the creation of a debt; a claim for damages may be filed by the beneficiary after the immediate detention of the non-payer.
2. Administrative responsibility.Administrative liability may be expressed in the imposition of a fine or the imposition of forced labour on a person.
3. Criminal prosecution of a person.Criminal liability is limited to non-payers who refuse to support children whose maintenance is established by a court decision, and the non-payer of "voluntary" maintenance cannot be held criminally liable.

Civil liability of the debtor may be incurred in parallel with administrative or criminal liability, but criminal liability may only be imposed on those who were previously subject to administrative liability.

With the increase in arrears and the disregard of court orders, the seriousness of liability for the offence and the offence increases.

The end of the enforcement process is characterized by a simple end of the commitment period.

The grounds for completing the enforcement proceedings under article 120 of the CK of the Russian Federation are:

• Attainer ' s age of majority;
• The adoption of a minor child by a third party, subject to the refusal of the contributor of his or her parental rights and duties and the transfer of the child to the adoptive parent;
• The end of the maintenance agreement, which may end not only when the child reaches a certain age, but also when certain events occur, such as higher education for a common child;
• There are circumstances in which performance of obligations is not possible or mandatory.

Normally, certain circumstances of the end of the commitment period refer to the occurrence of events on the basis of which the payment of funds is not mandatory: the child ' s progress in the emancipation process or the death of one of the parties.

The termination of the enforcement proceedings is in fact the end of the execution proceedings by the bailiff, but with some reservations; in particular, a citizen who is entitled to maintenance payments may, until the child reaches the age of majority, apply to the bailiff ' s office for the resumption of proceedings.

Grounds for discontinuation of enforcement proceedings

It is worth noting that it is permissible to terminate the execution of maintenance obligations if required by the recipient of the funds, usually because of the blackmail of the recipient of the maintenance obligation, such as the issuance of a child ' s permission to travel abroad.

When entering into a maintenance agreement

The grounds for the termination of executive proceedings when concluding an agreement on the maintenance of a common minor shall be established by law, unless such provisions are established by agreement of the parties.

In particular, enforcement proceedings may be terminated on the basis of:

1. The child ' s attainment of the age of eighteen years or the other age set by the agreement as the reason for its termination.
2. The child ' s full enjoyment of rights and freedoms if the emancipation procedure has been carried out, but the parties may agree to retain their obligations to the minor.
3. Transfer of any property to the child ' s benefit by closing all maintenance obligations over the entire period of their existence.
4. Other circumstances that may be specified in the maintenance agreement between the parties.

It must be borne in mind that the execution proceedings against the person liable to maintenance may continue after 18 years of age if, for some reason, there are maintenance debts.

Retrieved by court

Where there is a court decision, the grounds for discontinuing proceedings are limited to the very limited minimum specified by law; the rules of the agreements do not apply in such situations, and the bailiff is subject only to certain rules of law.

Discontinuation of the FSPS in establishing maintenance obligations through a court decision may occur for the following reasons:

1. Applications by the beneficiary of maintenance to terminate the execution proceedings, but they are taken into account only if the guardian parent has sufficient income; otherwise, the perpetrator may apply to the guardianship and guardianship authorities and verify the validity of the parents ' actions.
2. The death of one of the parties because the law clearly stipulates that, in the event of the death of one of the parties, the other party cannot expect to receive the means of living from others or to retain the payment obligations.
3. The child ' s attainment of the age of eighteen cannot be set at a certain age for the termination of obligations, since the law stipulates that the age of majority is 18.
4. The existence of incontrovertible proof of non-affiliation between the recipient and the alimony payer if the child has not been adopted; in such circumstances, paternity is challenged and the court ' s decision in this case orders the termination of proceedings against the individual concerned.

In terms of legislation, termination of enforcement proceedings is possible only for serious and objective reasons, but all regulations have reservations and additions.

Termination initiated by a party

The most frequent reason for terminating the enforcement proceedings is the declaration by one of the parties to cancel such actions by the bailiffs.

Such statements can be grouped into two broad types:

1. Application to the bailiff personally by the recipient of the maintenance.The most common reason for such applications is either the transfer of any property to the child ' s property by the payer or the possibility of the child ' s removal abroad, where the payer of the funds, in return for exemption from obligations, gives the child freedom; the document is prepared in a free form and is to be handed over to the bailiff in charge of the case.
2. Consideration of the termination of proceedings by the court.In such a case, the applicant for the termination of the operation of the SPF is usually the maintenance payer, as he has obtained evidence of a lack of kinship or is not recognized as the biological father of the child in the proceedings before the court; if there is such a judgement, the bailiff terminates the execution proceedings against the individual.

The termination of enforcement proceedings on normal grounds, e.g. when a child reaches the age of 18 years, occurs automatically, but in some cases the bailiff should be notified of the expiration of the maintenance obligation.

Completion, suspension, termination of maintenance enforcement

It is clear that the enforcement of maintenance cannot continue indefinitely, and sooner or later the issue of the completion of maintenance payments becomes relevant, and that not only the alimony payers but also the recipients of maintenance may initiate the completion.

Grounds for discontinuation of enforcement proceedings

In order to stop the forced recovery of maintenance, it is not enough, for example, for the payer to refuse to perform maintenance obligations.

Of course, maintenance obligations are terminated in the event of the death of the father (alternate payer) or minor child (to which the alimony is intended).

In addition, the Family Code (art. 120) refers to:Exhaustive grounds required for the cessation of the enforcement of maintenance:

The child ' s attainment of majority; the adoption of the child by another person (parents ' rights and responsibilities move to the new parent).

Additional grounds derive fromContent of the maintenance agreement. A voluntary prisoner between the payer and the recipient:

End of the maintenance period provided for in the agreement; The occurrence of the circumstances provided for in the agreement as reasons for the cancellation of maintenance obligations.

Another case of suspension of enforcement proceedings involves the search for a maintenance payer; if the bailiffs do not know his place of residence, the internal affairs authorities shall declare a search and the execution proceedings shall be suspended until the location of the carer has been discovered.

Application for termination of enforcement proceedings (model)

Application to the bailiff

An application may be made directly to the bailiff to terminate the execution proceedings in such cases:

The court decided to discontinue the proceedings on the previous executive document; the judicial act on the basis of which the executive note was issued was revoked; the executive document was revoked or declared null and void; the court rejected the payment of maintenance; and a settlement agreement was concluded between the payer and the recipient.

In other cases, it is necessary to make a preliminary application to the court before applying to the bailiff for the completion of the proceedings.

It is easy to make a statement. The following data should be provided:

Name of the branch of the FSPF; F. I.O. address and contact number of the applicant; title of the document - "Statement..." Data on when and on the basis of which document the executive process was opened; circumstances justifying the termination of proceedings (with reference to supporting documents); reference to legislation (family code, code of civil procedure, law on execution); Request for termination; Date; Signature; List of supporting documents.

Application to a judicial authority

Before resorting to the bailiff, it was necessary to obtain the court ' s decision to discontinue the proceedings.An application shall be filed with the district or city court (at the place of execution).There's no State duty to go to court!

The form and content of the statement correspond to the description provided above.

The court hears the application within 10 days. The parties – the alimony payer, the beneficiary of maintenance and the bailiff – are invited to the court hearing, but the appearance or non-appearance does not affect the proceedings.

Having examined the application and the documents, the court orders the termination of the execution proceedings, which may be appealed to a higher court within 15 days.

Closure of enforcement proceedings — termination of maintenance payments

Contents

The legislation of the Russian Federation defines the timing, reasons and procedure for the termination of maintenance payments, which may vary according to different conditions, and the procedure for the termination of maintenance enforcement proceedings has different characteristics.

In the case of a minor, the reason for the closure of the maintenance proceedings is the child ' s 18-year-old age; however, to discontinue the recovery of funds for the maintenance of children or other persons to whom the money is transferred by the court, possibly in other circumstances and for other reasons.

The termination of enforcement proceedings on maintenance is a special procedure governed by the Enforcement Act and the Russian Civil Code. The documents specify all cases in which the payer may be exempt from payment of material funds to a child or other person (e.g. a former wife or parents).

The child's attainment of the age of 18 years is the age of majority; the establishment of parental rights over the child by another citizen; the end of the term of the notary agreement; and the occurrence of the circumstances specified in the agreement as the reasons for the termination of maintenance obligations.

He refers to the Ministry of Internal Affairs authorities and initiates search activities; the execution proceedings are suspended for the time they will last.

If, for any reason, it is not possible to find an unfair citizen, the case is closed and the proceedings are dismissed.

Personal grounds

The reasons for the discontinuation of enforcement proceedings may be the personal circumstances that have arisen in the lives of the people involved in the maintenance business.

With the passage of time, a normal relationship is established between the recipient and the contributor for the maintenance of the child, and the minor ' s father and mother often remarry or reunite.

There is no point in proceeding with the execution of the court ' s decision (order) and the plaintiff may, on his application, withdraw the application form rather than cease the payment of maintenance.

A child who has not reached the age of majority has acquired property and money in excess of his or her parent ' s income; in the course of the proceedings, the defendant may be excused from paying in favour of his or her wealthy child.

The minor had been employed, paid more than parental allowances, and had initiated the cessation of maintenance obligations.

Personal relationships play a major role in suspending or terminating the execution of maintenance payments. If a conflict situation is resolved over time, a good relationship is established between people, the parties may apply to the MTSP for termination of payments.

Suspension of maintenance enforcement proceedings

Executive proceedings instituted in connection with the recovery of maintenance may be suspended or terminated if there are grounds for doing so; the article will examine how the enforcement proceedings for maintenance are suspended, whether the recovery of maintenance can be resumed and on what grounds.

Recovery of maintenance on the performance sheet

Under the provisions of the Family Code, the recovery of maintenance is based on one of the following grounds:

1. Voluntary maintenance agreementThe parties may agree on the amount of maintenance and its recovery by means of a voluntary agreement: on the basis of the document, the claimant is entitled to receive maintenance in the form of a percentage of the monthly income, a fixed amount or property rights; in each case, the amount of maintenance to be recovered shall not be less than the statutory standard (one child - 25 per cent, two children - 33 per cent, three or more children - 50 per cent of the defendant ' s monthly income); and, once the voluntary agreement has been certified by the notary, the document shall be immediately and enforceable.
2. Executive sheetIf the parties have not been able to agree on the amount of maintenance, the question of the recovery of the funds shall be dealt with by a court, and on the basis of a court decision, the officers of the SPF (Federal Service of Conservatives) shall draw up an executive record indicating the amount of the maintenance and the manner in which it is to be retained.

In general, the retention of maintenance and the payment of amounts in favour of the recipients is made by the employer of the defendant on the basis of an executive document received by the company in the name of the employee.

The above procedure applies both to the payment of maintenance for minor children and to the situation where the defendant pays to disabled family members (former spouse, grandmother/grandfather, brother/sister, etc.).

Article : "How to draft a voluntary maintenance agreement".

Suspension of maintenance enforcement proceedings

The procedure for suspending and terminating the enforcement proceedings on alimony is established by the UK of the Russian Federation. On the basis of the provisions of the document, the suspension of the enforcement proceedings provides for a temporary pause of retention, which may result from the initiative of the applicant or a judicial decision.

In contrast to suspension, the termination of enforcement proceedings implies the complete termination of penalties for the death of the defendant or for lack of grounds for enforcement, namely:

• The child ' s majority, for which maintenance is paid;
• Rehabilitation of the working capacity of the relatives for whom funds have been paid;
• Adoption of a child;
• The entry into a new marriage of a disabled spouse who is the recipient of maintenance.

Rescission of the execution sheet by the recoverer

Executive maintenance proceedings may be suspended as a result of the withdrawal of the performance sheet by the payee in the following order.

Step 1. Preparation of the application for withdrawal of the executive note

In the first stage, the applicant shall prepare an application in a free form indicating the need to suspend the enforcement proceedings on maintenance.

The application must be made with the required details:

• The full name of the SPF, which issued the executive list;
• Information on the applicant (FIO, INN, passport data, address of residence);
• Name and date of the document.

The text of the document should indicate to the applicant:

• Date and number of the execution sheet on which production is suspended;
• Legislative basis for the suspension of penalties (article 46 of FL-229 on enforcement proceedings);
• The defendant in the enforcement proceedings (FIO).

The reasons why the claimant suspends the enforcement proceedings do not need to be stated in the application.

Step 2: Payment of the performance fee

On the basis of the FL-229 "On execution proceedings", the person who initiates the withdrawal of the performance sheet is obliged to pay an execution fee of 7 per cent of the amount of the retention but not less than 1,000 roubles.

Payment may be made at any branch of the bank or at a special terminal located directly in the SPF.

Phase 3 : Recourse to the SPF

After making the application in two copies and paying the executing fee, the applicant applies to the regional SPCF that issued the executive list. In addition to the application, the applicant must be accompanied by:

• Identification card (for citizens of the Russian Federation - passport, for foreign nationals and stateless persons - residence permit);
• A copy of the court ' s decision recognizing the need to recover maintenance;
• A copy of the execution sheet on which production is suspended;
• A receipt for the performance fee.

The applicant may apply to the SPF for withdrawal of the performance sheet at any time during the recovery period; in other words, the beneficiary of the maintenance may suspend the recovery as soon as the executive document enters into force until the retention for lack of justification has ceased.

Step 4: Suspension of maintenance enforcement proceedings

Within five days of the application of the applicant, the bailiffs are required to issue a stay order; one copy of the order is given to the claimant for notification; the second copy is given to the employer as a basis for the suspension of the stay.

The original execution sheet, on which proceedings have been suspended, shall be handed over by the SPF to the applicant together with the relevant order.

Suspension of the recovery of maintenance by court order

The recovery of maintenance may be suspended on the basis of a court decision in the following circumstances:

• The defendant remains in places of deprivation of liberty (convicted for a crime or imprisoned);
• The defendant does not have a fixed income that may be withheld;
• The defendant ' s general material position does not allow him or her to pay maintenance obligations.

It is important to understand that a national to whom maintenance obligations have been assigned may be temporarily exempted from such obligations, provided that his poor financial position is due to valid reasons; for example, the defendant cannot find employment and therefore cannot earn income for the purpose of seeking recovery for:

• Long-term illness;
• Acquired disability;
• Pregnancy;
• Trauma;
• Post-operative rehabilitation;
• A mental disorder.

The court decides to suspend the enforcement proceedings in such cases on the basis of an application by the defendant, the claimant or a third person, or on the initiative of the SPCF.

How to resume previously suspended enforcement proceedings

As noted earlier, suspended enforcement proceedings may be resumed if there are appropriate grounds for doing so.

IfThe reason for the stay of retention was the application of the claimantthe execution proceedings may also be resumed on the initiative of the claimant, and in order to renew the retention fee, the applicant must re-pay the execution fee, after which the following documents must be submitted to the SPCF:

The time limit for the applicant to apply to the SPF for renewal is three years after the suspension of the maintenance enforcement proceedings.

In caseRetaliation was suspended on the basis of a court decisionthe enforcement proceedings shall be resumed if the circumstances which previously served to terminate the penalties are corrected, namely:

• The defendant has a fixed income that can be recovered;
• Relatives whose capacity to work has previously been restored are again considered unable to work (new injury, repeat illness, etc.);
• Cancellation of the adoption certificate;
• divorce of a spouse who is unable to work and whose maintenance payment has been suspended due to his remarriage.

Discontinuation and resumption of maintenance enforcement proceedings

Maintenance enforcement is the enforcement of a court decision to award alimony, i.e. a list of certain actions by bailiffs aimed at recovering maintenance funds and bringing them to the recipient.

Maintenance proceedings, where there are different grounds, may be:

• Discontinued;
• Completed;
• It's suspended.

You can't confuse things likeEndandTerminationof enforcement proceedings, as they are procedurallyDifferent actionshave different legal effects and are regulated by separate articles of Federal Act No. 229-FZ of 02.10.2007 on execution proceedings.

• Discontinued maintenance proceedingsmeans the actual performance of all obligations of the debtor to the guarantor, including for reasons beyond the control of the latter (e.g. in connection with the death of one of the parties).
• WhileCompletedimplies the completion of the actual work of the bailiff in a particular case in connection with its periodic performance by the payer (this happens when an executive record is sent to the debtor ' s place of employment and the payment of maintenance is withheld from his salary).
• As far as I'm concerned,Suspension of enforcement proceedingsis a temporary procedure, sometimes of a procedural nature (e.g., in the case of a search for a debtor or a long-term mission outside the country), which entails the possibility of resuming it at any time after the grounds for suspension have ceased.

Grounds for termination of maintenance enforcement proceedings

Article 43 of Federal Act No. 229-FZ sets out the general grounds for the termination of enforcement proceedings, and specific provisions of the Federal Act No. 229-FZ.grounds for terminationExactly.maintenance productionThese are contained in article 120 of the Family Code of the Russian Federation:

• The child ' s attainment of majority;
• The acquisition of full legal capacity of a minor (in the case of marriage or emancipation, for example);
• Adoption by another person of a child for whom maintenance has been paid (with the exception of the definition of the child as a foster family or as a guardian, maintenance will continue in these situations);
• Legal challenge of paternity by the alimony payer;
• Re-establishment by the courts of the capacity to work of a previously recognized recipient in need;
• Entering into a new marriage of the ex-wife in need;
• The death of one of the parties (namely the child-recipient or payer; in the event of the death of the child's mother claimant, alimony will continue to be charged to the minor's account and may be used for his maintenance by a person who will subsequently actually raise the child, such as a guardian or foster parent).

The termination of the maintenance enforcement proceedings implies that it cannot be resumed precisely because of the causal link, while the completed proceedings can be resumed.

An example.Ivan R. was deprived of his parental rights in respect of his son, who was paid alimony in the amount of 1/4 of his income, and a year later the boy adopted a new spouse of the child ' s mother.

Ivan filed an application with the justice of the peace for the termination of the enforcement proceedings for the award of maintenance on the basis of his son ' s adoption by another person, and the enforcement proceedings against Ivan were terminated on the basis of the court ' s decision.

In some situations, maintenance proceedings are automatically terminated (e.g. when the child reaches the age of 18 years), otherwise the carer is better advised to terminate by writing an application with its documentary basis (court decisions challenging paternity, adoption, etc.).