How long is the claim for maintenance pending?

It is always very important for the potential recipient of alimony payments to know how much time the claim for alimony is being considered.

The law stipulated that payments were due from the time of filing such a petition with the court, but that payments would be made only after an executive report had been prepared on the basis of a court decision.

It should be noted that a case can be dealt with not only in a general order but also in a simplified manner; the time limits for the issuance of a judicial act are, of course, different.

How much is the case dealt with under the general rule?

The proceedings include a number of stages:

1. Adoption of the case;
2. Preparations for the court hearing;
3. Trial session;
4. The delivery and disclosure of the judgement in the case.

From the outset, when a claim for alimony is brought before a court, the judge to whom the claim is brought is given five days to decide whether or not it is admissible to consider a particular claim.We need to establish:

• Whether the requirements set out in the Code of Civil Procedure have been met;
• Whether the case is admissible before the court to which the application is sent.

If the court is unable to consider the question of the recovery of maintenance, the application shall be returned to the plaintiff, and the applicant shall be informed of where he should turn, and if there are any shortcomings, he shall be given a reasonable time to correct them.

It is in a court that can consider the claims and the form and content are in order, in which case the judge shall issue a decision on the preparation of the case for trial, set a date for the preparation, and then all the above stages shall be carried out.

The matter is governed by article 154 of the Code of Criminal Procedure of the Russian Federation. Part one of this article states that a civil case shall be heard within two months.

However, it is necessary to focus on part 2 of the above-mentioned article, which deals with exceptions to the general rule: the time limit for the recovery of dependents is not general; it is special and abbreviated; the judge is given only one month to decide on the merits.

What's next?

Then the judge announces the decision, you have to wait until it comes into force.

Maintenance cases are rarely appealed, but there's nothing to rule out, and if there's a complaint, we'll have to wait a little longer.

The complaint will be heard in a higher court, and it will also take about the same period of time as the trial court.

In other words, the judicial procedure could be considerably prolonged.

Another important point is that the period of one month applies to cases where, for example, an active wife has filed alimony but has not made any other claim, and if the question of the division of property, divorce or the determination of the child ' s place of residence is raised, there is a general period during which the judge ' s cases are heard.

In order not to delay the recovery of maintenance, it is necessary to refrain from combining the various claims, albeit related to each other, in the application; however, very often the courts separate the claims on their own initiative and deal with them in different cases.

Simplified procedures

It's not always a matter of keeping a parent's money in favour of a child for so long, it's possible to solve the issue within five days, and it depends on how the applicant gets the money recovery.

In order to solve the problem quickly, it is necessary not to file a complaint. We must state that we wish to receive a court order.

Such application shall be considered:

• A judge within five days of his receipt;
• without calling the parties to the courtroom.

But there is one thing: in the event that the debtor of the case, within 10 days of the issuance of the order, makes an objection, the court act will be revoked, and the entire process of recovery will commence again as a matter of suit.

That is, there is some uncertainty about the timing of the review:

• 5 days;
• Or five days and then another month.

There was also a feature concerning simplified enforcement: there should be no dispute over law, and third parties should not be interested in resolving the matter.

Typical situation: If the child is already being recovered from the first marriage and the mother of the second child wishes to claim payment, an application for an order may not be made.

The court could only consider the claim if it was in the form of an action, and the first child ' s mother ' s position on the matter must be heard.

If the second child ' s mother ' s claim was satisfied, the first minor would receive less maintenance.

How much money do I have to wait for?

Once the executive document has reached the bailiffs or the employer, the execution of the judicial act begins.

How long is it to wait for alimony if it's being recovered through bailiffs?Here's your timeline:

• 3 days to initiate execution proceedings;
• Five days to give the debtor a chance to perform the obligation voluntarily.

Enforcement measures are already in place: seizure of accounts and property, restriction of rights, etc.

When to wait for the first maintenance from the employer of the payer, the employer must keep the money for the maintenance of the minor from his or her parent ' s salary each month, within three days of the payment of the funds to the employee.

However, there are different cases: sometimes the debtor avoids enforcement and it is difficult for the bailiffs to do something, and sometimes the employer does not hand over the funds in a timely manner, or does not hand them over at all.

Outcome

1. The duration of the recovery of funds for a minor or other dependent depends on the judicial process in which they are recovered.
2. The position of the defendant (debtor) in the case is also important; if he does not object to the penalty, the case can be dealt with very quickly.

   If there are any objections, anything can be expected: demands to quash a court order, filing a counter-claim with the court.

3. The total duration of the maintenance dispute is up to one month, reduced to five days, and they may well add up if they have to file an order after the application.

The best way to deal with a particular situation is to try to do things quickly, or to reach the goal slowly, but surely, to consult with a competent and qualified lawyer who is not the first year of recovering alimony payments.

At first glance, it may seem better to decide in five days, but if, for example, the defendant is in a violent mood, it will last for not even one month, and it is very important to have a legal-based and situation-based approach.

What do you do after you apply for alimony?

The dissolution of marriage by parents is no reason for one of them to stop funding their minor children.

Maintenance cases are among the most common and understandable in judicial practice; however, it is not necessary to rely entirely on the experience of one's acquaintance; each case is individual.

Therefore, it is important to have a clear understanding of the mechanism for applying for alimony, the process of its accrual and payment.

Possible options: Where to go with a statement of alimony

With regard to the assignment of maintenance, the legislator assumes that the child ' s parents may choose a suitable way of securing the child ' s financial security.

Of course, the spouses may agree orally on the maintenance of the child, but this is not a legal form of the relationship; therefore, it is not a guarantee of fulfilment of the obligations.

In order to guarantee respect for the rights of the child and to protect both spouses, former or current, three official documents are provided by law on the basis of which maintenance payments are made:

• Voluntary agreement between the parties
• Order
• Executive sheet

A maintenance agreement between the parties is always the simplest and most preferred option.

In order to take into account all the details and mutual claims of the parents in the future, the lawyers of Planet Law recommend that they seek the assistance of family law experts in their preparation.

The presence of a lawyer during the process of negotiation and signature precludes the possibility of pressure by the parties against each other or of distorting the terms of the contract in one ' s ignorance.

A voluntary agreement must be notarized, after which it has the same legal effect as a court decision.

A court order, though a coercive measure, is an easier option than traditional case management, but it does not require a large number of hearings, witnesses and a full trial.

An application for maintenance shall be made to the Court of Justice and the judge shall rule on it alone; if the judge is called upon, the defendant shall have a place of work that the applicant has documented; it is important to take into account the fact that the alimony will be assigned solely in shares and the defendant may appeal against the decision of the justice of the peace without giving reasons.

The executive list is the most complex procedure from the point of view of the process; it involves filing an application with the court of first instance (peace or district) in the place where the claimant or defendant lives; the proceedings will be conducted with the arguments of each party and may result in several court proceedings.

Time limits for applying for alimony

Maintenance payments will be made according to the type of instrument providing for their payment; in the case of a settlement agreement, all amounts, the duration of the contract must be recorded, and payment procedures (simultaneous, partial, monthly, or other form of financial relationship arranged by both parties) will be provided.

When it comes to obtaining legal maintenance, article 107 of the Family Code provides that a person entitled to alimony may apply for it at any time.

The period of limitation for a claim in this case is unlimited and may be used at any time as long as the right to maintenance is in force.

The legislature also provided for the recovery of maintenance for the previous period for a period of three years.

In order to be entitled to claim payment over time, the claimant had to prove in court that he had taken steps to obtain it – looking for the debtor – and tried to negotiate peacefully.

Either when the alimony payer evaded the payment (intentionally delayed the process, hidden the income, etc.).

The Supreme Court of the Russian Federation has explained the situation in which paternity is established by the courts; in such a case, alimony may only be awarded from the date of the filing of the complaint and no payment may be made in the previous period, since the man was not recognized as the father of the child before the decision of the court.

Maintenances have no statute of limitations

Time is money or how long to wait for alimony.

If the voluntary agreement is clear, the parties themselves will set the payment dates, then the enforcement of maintenance will have to be dealt with.

Regardless of whether the case is heard by a justice of the peace or by a district court, the period from which maintenance is counted is the time when the application is submitted to the appropriate authority; the judge has five days to issue a court order.

In the case of a statement of claim, the case will start within a month, depending on the number of meetings during which the dispute will be considered.

Getting a positive decision on alimony is only half the case. To start getting money, you have to start an executive case.

In order to do so, the applicant must obtain a court decision or accept a voluntary agreement and hand it over to the SPF. The bailiff will indicate how to write the application and must consider it within 24 hours.

A copy of the order (by no later than the day following the decision) must be sent to the applicant, the debtor and the court that issued the document.

In the second case, the payment must be made not later than three days after the payment of the salary; the delay is punishable by civil liability in the form of a penalty and may be subject to other penalties, up to and including criminal liability.You can't run away from alimony.

What if no payment is made?

It is important to note that the number of debtors has decreased since the amendments allowed for enforcement measures to be taken against debtors without the involvement of the police.

However, there are situations in which alimony does not arrive in time, in which case the legislator provides for a penalty of 0.5 per cent of the amount of the debt for each day of arrears.

The beneficiary of maintenance is also entitled to demand that the debtor cover the damages incurred during the delay in payment.

This is generally decided by the courts and depends on the reasons that prevented payment from being made in time (for example, the illness or death of a close relative may be considered by the court as a mitigating factor).

In addition to the payment of damages, the debtors are subject to administrative measures (punishment, deprivation of the right to drive, prohibition to travel abroad), as well as criminal liability in the event of a repeat offence.

How long is the claim for maintenance pending?

Main / Maintenance / How much maintenance application is pending

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A parent who applies to court for child support is always interested in the answer to the question: how long will the application be considered, how soon can the first cash payments be made?

The family law stipulates that the payment of cash payments begins from the time the application is filed with the judicial authority, regardless of how long it will be considered by the court, but it will be possible to receive the payment only after a court order or executive notice has been issued on the basis of a court decision.

It should also be noted that the length of the application will also depend on the manner in which the maintenance case is dealt with, whether by suit or by order.

How long is the application pending in court?

How long has the claim for maintenance been processed?

The matter is regulated by article 154 of the Code of Civil Procedure; the first part of this article refers to a two-month period for the consideration of a civil case, but the second part of the article specifies that exceptional maintenance cases are dealt with within a reduced period of one month.

Pay attention!The calculation of the time limit does not begin at the time when the court considered and accepted the claim, but at the time when the claim was filed with the court.

In general, the proceedings consist of the following stages:

• Adoption of a case for trial

Within five days of filing an application with the Office of the Court, it is reviewed for jurisdiction and compliance with the form and content of the civil procedure law.

If the claim does not come within the jurisdiction of the court or violates other requirements of the law, it will be returned to the plaintiff, explaining to which instance the court should address, what violations should be remedied and within what time frame.

• Preparation of case for trial

If the application is in conformity with the requirements of the law, it shall be admissible; the court shall set the time and date of the hearing and shall notify the parties thereof.

During court proceedings, the court hears the claim and all the documents attached to it, and hears the arguments of the parties.

The court decision to pay maintenance must be implemented without delay.

However, within a period of one month from the date of its issuance, there is an appeal period during which one of the parties, while disagreeing with the decision of the court, may lodge a complaint with a higher court; it will take approximately the same time for the appeal to be heard as for the initial hearing of the claim, and the enforcement proceedings, if they have already been initiated, will be suspended for that period; if no complaint is filed, the decision will become enforceable.

Lawyers advise!In order not to delay the processing of a claim for maintenance, it is not necessary to include other claims, even those related to one another; however, sometimes the court divides claims into different cases on its own initiative – to simplify the proceedings.

How many maintenance cases are pending in the order proceedings?

However, it is not always the case of maintenance for so long; in some cases, it may be possible to shorten the time limit to five days – for which the civil procedure law provides for an order of action.

According to article 122 of the Code of Criminal Procedure of the Russian Federation, an undeniable demand for maintenance, not related to the establishment of paternity or maternity, which does not require third parties to be brought to trial, can be dealt with in a simplified manner, quickly and without the parties being called to the courtroom.

In order to do so, an application for a court order should be filed with the court; only five days later, the application would be considered, if the court so decided, the applicant would be given an order which would be the legal basis for the recovery of the money.

There is, however, some risk: if a maintenance payer considers the issuance of a court order to be unreasonable or unlawful, he is entitled to object to extradition within 10 days, regardless of the content of the objection, the order is revoked, and the case is referred to the court in a lawsuit whose duration, as mentioned above, is one month.

More detailed on the order for the recovery of maintenance is an article entitled "Judicial order for the recovery of maintenance (model)".

At first glance, it may appear that it is easier and faster to apply for a court order and to have a green light in five days' time for maintenance.

You need to consult a professional lawyer to avoid delays in processing the application and getting cash payments, and the lawyers in our portal provide individual advice free of charge.

When do we expect cash payments?

Parents may not be interested in the length of court proceedings, but rather in the timing of the receipt of the first cash payments in order to fully meet the child ' s needs.

Once a court decision or order has been issued, the payer's place of work or the local section of the Judicial Guard Service should be contacted for the direct execution of the court act.

With regard to the retention of money from the maintenance payer ' s salary, it is made after the executive document has been submitted to the accounting office at the place of work; the first payment will be made from the employee ' s next earnings (no later than 3 days) and every month thereafter.

If it is necessary to resort to bailiffs, the following procedural time limits are laid down in the execution proceedings:

• 3 days for the commencement of enforcement proceedings;
• Five days are for voluntary maintenance obligations, after which bailiffs apply enforcement measures, up to the seizure of property and money in bank accounts.

How long is the claim for maintenance pending before the court?

It is important for citizens to know not only how they are punished, but also the timing of the application for alimony, depending on how they are appointed, whether in legal proceedings or in an order of order. If necessary, the plaintiff or defendant may appeal against the court's decision, and the timing of the appeal is also relevant.

Legislation

From the legislative point of view, the UK, the Civil Code and the Russian Civil Code regulate the nature of the recovery of maintenance. The procedural code defines the procedure, the time frame for the adoption of documents and the consideration of the case; the latter depends on the type of proceedings, whether of action or of order.

The type of proceedings is also relevant to the manner in which the proceedings are conducted; the result is a judicial document on the basis of which the money is recovered.

Citizens may draw up a maintenance agreement at any time; in this case, there is no legislative time limit; the payer and the recipient decide on the frequency and amount of payments themselves.

Time frame and procedure for processing an application for maintenance

Coercive recovery of maintenance is possible in two ways, in a lawsuit or an order, and there are many differences between them that are better known in advance.

Proceedings

The action involves bringing a claim for maintenance before the court at the place of the defendant's registration and, in the absence of such a possibility, at the address of his propiska, as follows:

1. The plaintiff shall file a complaint and the attached documents; the judge shall have five days to take the case to court, at which time it shall determine whether the requirements of civil law relating to documentation and jurisdiction have been met; if the case is not considered by the court, the claim shall be returned to the plaintiff with detailed explanations as to where to address it.
2. A decision shall be made within five days on the preparation of the case file for the proceedings if the judge is satisfied with the contents of the documents and all the legislative nuances are respected. Notices shall be sent to the parties to the proceedings indicating the date of the first hearing.
3. Article 154 of the Code of Criminal Procedure stipulates that a court may decide on a case for the recovery of maintenance for a period of not more than one month; this is the time for a judge to take a decision.
4. As a result, the operative part of the decision is announced and an executive list is drawn up.

It's also important to know: child support

The decision is subject to one month ' s appeal, after which it becomes enforceable and is handed over to bailiffs for enforcement; the applicant may apply to the executive list and to the place of employment of the payer.

The decision is implemented without delay, but the right to challenge remains with the parties to the case file; the plaintiff must make his own application to the bailiffs and the IL, or to the accountant ' s office; without this payment, no payment will be made.

Order-based proceedings

Russian legislation provides for a simplified procedure for the recovery of maintenance – order proceedings:

1. The applicant shall file an application with the court for the issuance of a court order, which may be done at any time.
2. The judge shall draw up the order within five days, the assistant or secretary shall notify the applicant and the debtor of the issuance of the document.
3. The plaintiff takes the order, a copy of it is sent by the court to the payer.
4. The person subject to maintenance is entitled to appeal the document within 10 days of the date of issuance and to make an objection.

After the objection has been accepted, the award of maintenance is subject to suit, and the order is valid if there is no dispute between the parties about payment.

A court order is treated as an executive notice by virtue of its legal force and the applicant is entitled to present it to the bailiffs, the accountant, or to agree with the person under maintenance on voluntary payments.

If the payer spends some time on his own and then the payments stop coming in, the penalty is 0.1% of the debt for each day of arrears. It is sufficient to collect the debt by issuing an order and a bank statement that will show the date of the last transfer.

What nuances are important to consider:

• If the payer has maintenance obligations to a third party, no application for an order shall be made; payment is available only by filing a claim, i.e. the participation of the other party in the proceedings may be required.
• When the debtor makes a reasoned objection to quashing the order, the judge is not entitled to refuse; the claimant in such a situation is not entitled to reapply the same application; a claim must be filed.

It is recommended that an objection to a court order be filed in person or remotely via online services. By using the Russian Post Office, you can skip the deadline for an appeal. Even if the payer's fault is not there, it is difficult to restore it.

Appeal against judgement

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Once a court decision has been issued, the parties to the proceedings are given a month to appeal, but the execution is possible immediately after the plaintiff has received the document; the challenge in this period is made by filing an appeal with the decision-making body, but the complaint is subsequently referred to a higher court.

It's also important to know: child support out of wedlock (if not written)

If the appeal is submitted to the appeal board immediately, the documents are forwarded to the judicial authority whose decision is contested (article 321 of the Criminal Code of the Russian Federation).

According to article 327.2 of the Code of Criminal Procedure, appeals are heard for a maximum of two months, resulting in an appeal judgement, which is appealed within six months of the entry into force of the court of cassation.

If the time limit for appealing a court decision has been missed, the procedure is only carried out in cassation proceedings; article 382 of the Code of Criminal Procedure states that the appeal in a case that has not been requested shall be considered for one month and the report shall begin with the date on which the complaint is received.

When do the first payments start?

The commencement of the first payment depends on the organization to which the applicant applies the IL or the court order for recovery; if the retention is initiated by a bailiff, such time limits shall be set:

• A staff member of the SPF is given three days to initiate the execution proceedings, one day to process the order and notify the parties.
• The payer may make a voluntary payment within five days, after which time the executing fee (7% of the amount) may be collected, and the bailiff may impose compulsory penalties: seizure of bank accounts, property, withdrawal of a driving licence, etc.

When the debtor ' s place of employment is referred to the accountant, payments are made within three days of the payment of his or her salary, and so on every month.

Examples

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In order to understand in detail the timing of the commencement of payments, it is sufficient to see practical examples of:

Recovery through the MTSP

IL was received on May 15, presented to the bailiffs the following day. On May 18, execution proceedings were initiated. The debtor has five days to pay voluntarily, up to and including May 23.

He failed to comply with this requirement, and the IL is presented to the accounting of the organization ' s place of employment under maintenance.

Recovery through accounting

The woman received the IL on April 10, 11 presented the company to the accounting office at the place of employment of the payer, and the salary is paid in two instalments - each 15 days - 16 and 30 (31).

The first payment was made on 19 April, i.e. the accountant is granted three days from the date of payment of the salary.

It's important to know!

• Each case is individual and requires separate attention. The information presented on the website is general and does not provide a guarantee that your problem will be solved.
• We are closely following legislative changes and trying to make timely changes, but this is not always fast.

So there's a 24-hour legal aid service for you right now.

Lawyer, 2-year-old, specializing in civil disputes in the field of family law.

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How long is the claim for maintenance pending?

If the parties are unable to agree on the terms and conditions of payment, they will apply to the court, and if they do not agree on the terms and conditions of payment, they will be able to draw up the application correctly and document all the documents that will significantly shorten the proceedings, and we will talk about how much of the maintenance application will be considered.

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Time limit for the hearing of a claim in court

Maintenances are always collected by means of executive documents; the basis for recovery is either the agreement of the parties or the court registers - an executive note or an order (art. 12,229-FZ "On execution proceedings").

The agreement is the simplest and most peaceful option: the parties include in the maintenance contract all the necessary conditions — how much and when to pay — and if the parents are unable to settle the question of the recovery of maintenance by agreement, it is transferred to the court; the lawyers help the applicant to file the application and submit it to the court.

The appeal is heard by the court at the place of the defendant ' s registration; if the request cannot be met, the application shall be submitted to the court at the place of the plaintiff ' s request; the length of the application will depend on the manner of the proceedings.

In the judicial practice of the Russian Federation, legal and administrative proceedings are set aside, and consider how much time is devoted to studying issues and deciding on alimony for each method.

The time limit for filing is not regulated by the law in force: the parties decide on their own how long to wait and when to apply for alimony.

Proceedings

The length of the review of the application for alimony depends on the length of time the judge will examine the case file, which generally consists of the following steps:

1. Court acceptance of a case for the recovery of maintenance.
2. Preparation for trial and examination of documents.
3. A court hearing.
4. Decision-making.
5. The verdict.

A certain number of days are available for each stage; how much time it takes for the appeal to be prepared depends only on the plaintiff; in order to shorten this period, it is better to contact a maintenance specialist.

Once a claim is brought before a court, the judge must take the case within five days, at which stage all the materials of the case are examined, the legality and validity of the claim are identified, and the specialist must verify compliance with the requirements of the civil law.

If all the documents have been checked, their content is in accordance with the laws and regulations in force and the case is within the jurisdiction of the court in question, the preparation of the case for the proceedings is determined within five days, and the length of the maintenance case is set out in article 154 of the Criminal Code of the Russian Federation.

Part 2 of this rule clearly describes the length of proceedings for the recovery of maintenance, which must be decided within one month (art. 154, para. 2, of the Code of Criminal Procedure of the Russian Federation).

Once all the materials have been reviewed and examined, the judge shall issue a decision, announce the operative part of the verdict, and the Registrar of the Court shall draw up an executive record.

It was also important to find out how long it took for the verdict to come into effect, and the decision to collect maintenance payments must be implemented without delay, beginning with the court ' s formal adoption.

The applicant then sends the executive list to the defendant ' s employer or to the Federal Service of Constables (FSP).

Order-based proceedings

The order is also referred to as a simplified way of deciding on the payment of maintenance; how long the application is processed depends only on the applicant; the applicant needs to file an application for a court order, how long it takes for a maintenance order to be issued by a judge; the time limit is five days.

Once the order has been issued, the applicant and the defendant will be notified, and the plaintiff will then take the order and the court will send a copy to the maintenance worker, and if the citizen disagrees with the obligations imposed on him, he may appeal against the court ' s decision.

An objection may be filed within 10 days; if the defendant appeals against the court order, the applicant will have to initiate the procedure for the recovery of maintenance and only in legal proceedings.

If the parties have no dispute about the decision, the order shall be sent to the employer as an executive document.

However, there are situations that preclude the issuance of a court order and provide for the filing of an action:

• If the payer has children from different marriages to which he lists maintenance;
• If the defendant has a valid objection to the order.

The court order will also serve as a basis for the recovery of maintenance debts; in the event of a failure to pay maintenance for a minor child, it will be sufficient for the recipient of the payment to show the court document and a statement from the account where the date of the last payment will be indicated.

How much time is available to appeal the decision

An appeal against a judgement must be made within 10 days, but it is worth considering how much time it is allocated to an objection if the document begins to be executed as soon as the applicant receives it, in which case an appeal is lodged with the court that has reached the verdict.

The territorial judicial authority then refers the case to a higher judicial organization; in the event that the defendant makes an objection to the appeal board directly, the case will be referred to the court that made the initial decision (art. 321 of the Criminal Code of the Russian Federation).

The duration of the appeal is not longer than two months (art. 327.2 of the Code of Criminal Procedure of the Russian Federation), the result of which is an appeal decision which takes effect at the time of the appeal (art. 329 of the Code of Criminal Procedure of the Russian Federation).

When maintenance can be expected

The court ' s decision shall enter into force at the time of its promulgation, after which the executive documents shall be sent to the defendant or to the territorial section of the bailiff ' s service, and shall then consider how much of the maintenance application will be considered by the employer or in the SBS.

The bailiffs ' office will have three days ' time to initiate the execution proceedings and another day to issue the relevant orders and notices, followed by five days ' time by the bailiff ' s voluntary discharge of his duties.

If the debtor refuses to pay the plaintiff voluntarily, the bailiff will enforce the enforcement measures of seizure of the property, freezing of the accounts, and restriction of the driver's licence.

If the applicant refers directly to the employer of the defendant, the penalty will be imposed on a monthly basis.

The accountant shall determine how much and during which period the accountant is to calculate and pay the wages, which means that he will charge the maintenance payments according to the executive documents.

• Payments for the maintenance of a minor child must be paid monthly, within three days of the payment of wages to the employee who pays the rent.
• Sources:
• Article 154: Time limits for the consideration and resolution of civil cases
• Article 321. Procedure and time limits for filing appeals and submissions

Article 327.2: Time limits for the hearing of a case before a court of appeal

Article 329: Decision of the Court of Appeal

Article 12: Types of implementing documents

How long is the claim for maintenance pending?

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The early receipt of child support is the dream of many parents with whom the child remains after divorce.

The timing of the application for alimony depends on a number of factors, including:

• Method of enforcement: a court order or a judicial order;
• Additional claims in addition to maintenance;
• The defendant ' s position, his failure to appear in court or his opposition to the case;
• The complainant ' s positions and timely notification to the court of his inability to appear in court.

Let's try to look at each of the options in more detail.

How much is the application for alimony under the law?

All procedural time limits binding on all courts are set out in the provisions of the Code of Criminal Procedure, which also specify the time limits for the adoption of applications by the court, the time limits and procedures for the entry into force of decisions and other nuances extending to the application for maintenance.

BACKGROUND: According to article 211 of the Code of Criminal Procedure of the Russian Federation, the court ' s decision on the recovery of maintenance will be immediately enforceable; thus, the applicant ' s executive fox will be given immediate effect on her application, without waiting for the court ' s verdict to come into effect.

Court of Justice

According to the general rule of jurisdiction, alimony falls within the competence of the justices of the peace, unless the applicant has filed, together with the maintenance claim, additional claims pending before the District Court.

In the Court of Justice, alimony can be recovered through two procedures:

• Through the order of order – if the defendant's income is known, he himself does not hide, fatherhood admits;
• In legal proceedings, if there's a dispute about the amount of maintenance or the manner of recovery.

How long does an application for alimony go through an order?

The justice of the peace is required to examine the application and issue a court order (or a decision to refuse it) no later than five days after the date of the application.

Only working days are taken into account, not weekends or holidays.

Once ordered, it is immediately enforceable with respect to the recovery of maintenance, but the debtor retains the right to file an application for annulment no later than 10 days from the date of its receipt or from the date of the return of the notice of non-receipt to the court.

If the order is revoked, the applicant may file a claim for alimony.

Time limits for the review of the claim for alimony?

The total length of time for the hearing of a claim for alimony before a justice of the peace may not exceed one month; in reality, if all parties appear before the court by the scheduled date, the decision may still be delivered earlier.

Like the court order, the decision on maintenance is enforceable immediately and the court officers issue an executive notice on the same day by sending it to the bailiff or hand over to the applicant.

The judgement may be appealed no later than 30 days from the date of the final filing; if the complaint is filed, the executive document shall be withdrawn and the process of processing the complaint may be delayed by a further 1 to 2 months.

Note: Together with the claim for alimony, the applicant may file a divorce request, but this will not affect the maximum hearing time.

District Court

The District Court will have to apply for maintenance in cases where:

• With him, paternity is contested or established;
• Maintenance is required together with the division of property upon divorce;
• The requirement of maintenance is raised in an action for communication with the child, his/her upbringing and the determination of his/her place of residence.

If the demand for maintenance already accepted by the justice of the peace was supplemented by a counter-claim by the defendant challenging paternity, the judge is obliged to refer the case to the District Court of Jurisdiction.may not exceed 2 months.

If the paternity case requires an examination or the division of property is delayed, the actual period of consideration of the maintenance may be longer than six months!

The appeal process may also last several months, including 30 days for the entry into force of the decision and the following 1 to 2 months for the hearing of the case on appeal; the application form, even if issued immediately, is suspended during the appeal period.

Example of the calculation of the time for consideration of the application for alimony

Consider a complex case in which the time limits for processing the maintenance application are quite high.

The plaintiff, A., filed an action in the Court of Justice for the recovery of maintenance with Peter S. ' s ex-husband, filing an action on 13 January 2018. Upon re-call only on 3 February 2018, the defendant filed a counter-claim challenging paternity, stating that the child was not his and he did not agree with the claim.

The justice of the peace was forced to refer the case to the District Court of Jurisdiction, but only on 20 February 2018, after 15 days of appeal against the decision to transfer jurisdiction.

• The District Court scheduled the hearing for 03 March 2018, during which it suspended the case and ordered a forensic genetic examination.
• For technical reasons, the examination was conducted only on 14 April 2018.
• The case was returned to court on 20 April and was heard on 4 May 2018.
• The decision on maintenance was rendered on the same date and was executed immediately, and the effective deadline for the consideration of the maintenance application was almost five months.

In simpler cases, which are not burdened by other claims, child support claims are dealt with quickly and within a month in a justice of the peace.

Example: Petrova S. filed an action against the ex-husband to recover child support on May 05, 2018. The court scheduled a hearing on May 25, the plaintiff and the defendant appeared before the court. The case was heard on the same day.

We need a lawyer.

If you need advice on the timing of cases for the recovery of maintenance and you doubt the legality of the delay in the payment of child support by the court, ask our lawyers right now, and they'll tell us what to do and where to write, as well as predicting the approximate real time limits for the recovery of child support in your case.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

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Time limit for consideration of claim for alimony

Sergei (03.08.2016 at 14:46:25)

According to article 154 of the Civil Code of the Russian Federation, civil cases are heard and resolved by the court before the expiry of two months from the date on which the application is submitted to the court,unless other time limits for the consideration and resolution of cases are set by this Codeand by the justice of the peace until the end of the month from the date of the adoption of the application.

I'm not covered by the maintenance cases I've been assigned to.

Please leave a review.

Page 2

Irina Vladimirovna (26.08.2022 at 05:10:02)

Hello.

You need to file an application in your place of residence.Recovery of maintenanceA copy of the child ' s birth certificate is sufficient to accompany the claim.

Section V. Maintenance obligations of family members and others

Chapter 18: Procedure for payment andRecovery of maintenance

Family Code of the Republic of Uzbekistan (entered into force on 1 September 1998)

• Article 145: Payment of maintenance on the departure of a person liable to pay it to a foreign State
• A person who travels permanently or for more than three months to a foreign country is obliged to conclude an agreement with the recipients of the maintenance to which he or she is legally obliged to provide maintenance, in accordance with articles 130 to 134 of this Code.
• In the absence of a maintenance agreement, the person concerned is entitled to apply to the court for a determination of the amount of maintenance in a firm amount of money and for a lump sum payment of maintenance or the provision of certain property in the form of maintenance or other means of maintenance.
• In the event of early payment of maintenance for minor children or the conclusion of a bond to secure an obligation to pay maintenance, the person is exempted from the obligation to conclude a maintenance agreement.
• The procedure for the early payment of maintenance as well as the conclusion of a security agreement to secure the obligation to pay maintenance is established by the Cabinet of Ministers.

With regard to the execution of the decision abroad, as you may know, there is no contract for legal assistance in civil and family matters.

The Russian court ' s decision abroad can only be enforced by a court of law by applying for recognition and enforcement of the court ' s decision, only by a court of law.

Page 3

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