Refund of child support after challenging paternity: how to return the funds

Parents do not always find a common language with each other and get divorced. Their separation does not relieve them of their responsibilities towards their children. The law of the Russian Federation protects the rights of minors and will not allow them to be left without financial assistance from their second parent.

If the father believes that he did not pay money to his child, then he can return it by filing an application with the court to establish paternity. After receiving a court decision, he files a second lawsuit to cancel the monthly payments to the minor and return them.

Read the article about the grounds on which the payer can file a claim for the return of his money, in which cases this is impossible and the package of necessary documents.

Family relationships and related situations are regulated by:

• Family code;
• Civil Code.

When paying alimony, errors often occur, both through the fault of the claimant and a third party. There are several reasons why a defendant may request a refund of the amount of alimony listed:

• erroneous interpretation of legal norms;
• accounting error when transferring money;
• deliberate deception of a minor's guardian in order to obtain more money;
• if the recipient of the money refused it;
• no need for child support.

The reasons may vary depending on the situation and circumstances under which the money is accrued.

But the grounds for the return of alimony are spelled out in the law:

• recognition of a court decision on alimony as invalid due to false facts provided as a basis for issuing alimony;
• in the case of alimony, the plaintiff provided knowingly false data and documents;
• the court recognizing the invalidity of the decision on alimony payments due to the fact that it was made under the influence of threats and physical violence;
• child support payments for non-biological children.

Article 1109 of the Civil Code states that if the court makes a decision on unlawful alimony payments, the recipient must return them in full. Also, the money is returned to the payer if an accounting error was made during the transfer of the amount of money.

Important! You can challenge your paternity and return the transferred money only in court.

Procedure

The law specifies the procedure for the return of alimony when paternity is contested:

Step 1. Filing a claim in court to challenge the fact of paternity.

Step 2. Forensic experts conduct a genetic examination and establish paternity.

Step 3. If the court determines that the payer is not the biological father of the child, then alimony payments are stopped and a claim is filed for their return.

Important! The law protects the rights of its minor citizens and in case of cancellation of alimony payments, the previously paid amount is not returned.

Despite the restrictions, the stepfather has the right to try to prove to the court that the mother gave birth to the child, knowing who his biological father is. He must prove that she deliberately misled and deceived him. This can be done no later than the statute of limitations, which is 3 years.

List of required documents

In order to file a claim for the return of alimony when challenging paternity, a package of documents is collected.

It includes:

• statement of claim;
• copy and original ID;
• copy and original of the child’s birth certificate;
• certificate of marriage and its dissolution;
• certificate from housing and communal services about family composition;
• receipt for payment of state duty;
• facts confirming the illegality of alimony payments;
• grounds for their cancellation;
• document on the basis of which alimony is paid.

The provisions of the Tax Code outline the rules for calculating the state duty for filing an application for the cancellation of cash payments. Its cost must be at least 400 rubles and is calculated from the amount of the claim.

Sample claim to court

Statement of claim

A claim can be filed by:

• the blood parent of the minor, indicated in his birth certificate;
• a child reaching the age of eighteen;
• legal parent;
• legal representatives of the child.

A sample statement of claim for the return of alimony after challenging paternity is provided at the court departments. It should contain:

• full name of the judicial institution;
• plaintiff's details;
• grounds for canceling alimony payments;
• reasons for their return;
• Attached documents;
• date and signature of the plaintiff.

The plaintiff has the right to file a claim in court for the return of his money after the court makes a decision that he is not the biological father of the child.

Sample statement of claim

If the child is an adult

It is almost impossible to initiate the return of child support after the child reaches the age of majority. But a citizen has the opportunity to note payments by filing a claim in court.

The judicial commission conducts a DNA test and determines if the child's father is biological. If it is revealed that alimony was paid due to the deliberate deception of the mother of a minor, then their payments are stopped.

The father has the right to prove in court that the actions of the minor’s mother were intentional, collect a package of evidence and demand the return of the transferred money.

In what cases is it impossible to return alimony?

It is impossible to return alimony if:

1. the plaintiff deliberately did not pay them for several years, and then started;
2. pay funds over a long period of time;
3. money indicated in the agreement, which was signed by the spouses and notarized;
4. the child has reached the age of majority;
5. the money was transferred to a disabled person or incompetent minor.

Regarding the last point, it is difficult to return the money paid for a child after he or she comes of age. The payer must prove to the judge that he did not have the opportunity to file a claim in court. Usually such cases are not resolved in favor of the applicant.

If the spouses signed a peace agreement regarding the amount of money and certified by a notary, then the chances of returning the money are also minimal. The signature and seal of the notary is confirmation of the agreement and consent of the parents with the stated conditions.

It is important to take into account the fact that in the Russian Federation, proof of paternity is an entry in the birth certificate. The payer will be able to get his money back only if he properly prepares for the case and collects all the evidence.

How to return child support if paternity has been challenged

The return of alimony when challenging paternity is used in cases where the father manages to prove that he had no biological relationship with the child, and therefore paid in vain. There are also many pitfalls in these matters. Unfortunately, such cases have begun to occur more and more often in judicial practice. Usually, even when paternity is revoked, they do not require the return of paid alimony, but only ask to stop this obligation.

However, there are also legal situations when fathers resort to the procedure of challenging paternity only to ruin the mother’s nerves and/or delay the time of alimony payments. In the sense of the latter case, a claim to challenge paternity can act as a counterclaim to a filed claim for alimony.

How information about parents is taken into account

According to the established procedure, proof of the relationship between the father and the child is the entry made by the registry office when registering the birth of the baby. By default, the husband is considered the father of the child when the wife gives birth in a legal marriage. In other cases, the entry appears:

• When a joint application is submitted by the parents;
• When the child is born no later than the period specified by law (300 days) after the divorce or death of the father;
• When establishing the fact of paternity in court;
• When applying to the registry office alone by the father in a number of established cases, with consent from the guardianship;
• During the adoption procedure.

How to challenge paternity in court?

Cancellation of a paternity record held by the civil registry office is carried out only on the basis of a court decision. There is no statute of limitations on a father's right to challenge his paternity. The requirement to challenge can be formulated in two variations:

• Eliminate the record of the civil registry office on paternity;
• Include new information about the child’s father (when paternity is established in relation to another person for this child, and the parties do not have a dispute about this).

The wording of the requirement will affect the decision made by the court. Any paternity can be challenged, no matter how it arises, except adoption.

However, there is an exception - when paternity was registered on the basis of a joint application submitted by the father and mother, and the father knew that there was no biological relationship between him and the child, he would not be able to cancel this registration later through the court.

Except in those situations where he was forced to do this by force, under threats, or in a state where he was not aware of his own actions.

Genetic examination in the category of these cases:

• May be appointed at the request of one of the parties;
• At the discretion of the court when taking into account the opinions of the parties;
• At the discretion of the court when assessing all the nuances of the case.

If a person whose participation in the examination is necessary avoids conducting it, the case is considered on the basis of other available evidence.

A child over 10 years of age can express his opinion in court, and if one of the parties requests this, it will be taken into account by the arbitrator.

Refund of child support after challenging paternity

If the court satisfies the plaintiff’s request to challenge paternity, the “former” parent, by virtue of the decision, is no longer subject to the obligation to pay child support, as well as all other parental responsibilities and rights.

Challenging paternity and alimony are very closely related, and there may be several options for the development of further legal consequences:

• Cancellation of alimony payments;
• Refund of funds previously paid as alimony.

Requirements can be stated after paternity has been revoked or in conjunction with the main thesis of the statement of claim.

Please note that if it is established that there is no biological relationship, the obligation to make alimony payments is lifted only from the moment the decision is made.

If the father who canceled his status had not previously provided the child with maintenance, then amounts for past periods may be collected from him, and he may even be held liable for evading alimony payments.

The situation regarding the cancellation and return of alimony is quite paradoxical:

• When during the course of a case, on the basis of an examination, the absence of kinship is established, until the decision enters into legal force, the father is still considered a parent and cannot refuse to pay child support, much less demand the return of amounts already paid;
• When it is proven that the mother deliberately misled him regarding paternity, he can demand the return of alimony amounts from her, but only for the 3 years preceding the decision. At the same time, it is also necessary that he pay alimony not just like that, but on the basis of a court decision awarding the obligation to pay maintenance to the child.

The judicial procedure for return is as follows - this is not an independent demand and proceeding, but a claim for compensation for unlawful benefits, which is a counterclaim to the claim filed by the child’s mother against the “step” father for the assignment of alimony. It is clear that the decision on the original claim, if the counterclaim is satisfied, is completely canceled.

The legal consequences for the mother in proceedings of this kind can be very dire - she may face criminal proceedings for misleading the court. However, it can be extremely difficult to prove direct intent in cases of this category.

As is already clear, challenging paternity and the associated legal proceedings are quite complex cases in the legal sense, even in their multi-component nature.

Given the complexity of such a process, it is recommended to enlist the professional assistance of a lawyer specializing in family problems.

Return child support after challenging paternity

Refund of alimony when paternity is contested 20 Parents do not always find a common language with each other and get divorced. Their separation does not relieve them of their responsibilities towards their children. The law of the Russian Federation protects the rights of minors and will not allow them to be left without financial assistance from their second parent. If the father believes that he did not pay money to his child, then he can return it by filing an application with the court to establish paternity. After receiving a court decision, he files a second lawsuit to cancel the monthly payments to the minor and return them.

How to return child support if paternity has been challenged

Refund of alimony after challenging paternity Refund of alimony when challenging paternity is used in cases where the father manages to prove that he had no biological relationship with the child, and therefore paid in vain. There are also many pitfalls in these matters.

Unfortunately, such cases have begun to occur more and more often in judicial practice. Usually, even when paternity is revoked, they do not require the return of paid alimony, but only ask to stop this obligation. In the sense of the latter case, a claim to challenge paternity can act as a counterclaim to a filed claim for alimony.

How information about parents is taken into account According to the established procedure, evidence of the relationship between the father and the child is the entry made by the registry office when registering the birth of the baby.

By default, the husband is considered the father of the child when the wife gives birth in a legal marriage.

In other cases, the entry appears: When the parents submit a joint application; When the child is born no later than the period of days specified by law after the divorce or death of the father; When establishing the fact of paternity in court; When applying to the registry office alone by the father in a number of established cases, with consent from the guardianship; During the adoption procedure.

How to challenge paternity in court? Cancellation of a paternity record held by the civil registry office is carried out only on the basis of a court decision. There is no statute of limitations on a father's right to challenge his paternity.

The requirement to challenge can be formulated in two variations: Exclude the record of the registry office on paternity; Include new information about the father of the child when paternity is established in relation to another person for this child, and the parties do not have a dispute about this.

The wording of the requirement will affect the decision made by the court. Any paternity can be challenged, no matter how it arises, except adoption.

Except in those situations where he was forced to do this by force, under threats, or in a state where he was not aware of his own actions. Genetic examination in the category of these cases: May be appointed at the request of one of the parties; At the discretion of the court when taking into account the opinions of the parties; At the discretion of the court when assessing all the nuances of the case.

If a person whose participation in the examination is necessary avoids conducting it, the case is considered on the basis of other available evidence.

A child over 10 years of age can express his opinion in court, and if one of the parties requests this, it will be taken into account by the arbitrator.

Challenging paternity and alimony are very closely related, and there may be several options for the development of further legal consequences: Cancellation of alimony payments; Refund of funds previously paid as alimony. Requirements can be stated after paternity has been revoked or in conjunction with the main thesis of the statement of claim.

Please note that if it is established that there is no biological relationship, the obligation to make alimony payments is lifted only from the moment the decision is made. If the father who canceled his status had not previously provided the child with maintenance, then amounts for past periods may be collected from him, and he may even be held liable for evading alimony payments.

The situation regarding the cancellation and return of alimony is quite paradoxical: When in the course of a case, on the basis of an examination, the absence of kinship is established, until the decision enters into legal force, the father is still considered a parent and cannot not pay alimony, much less demand the return of amounts already paid; When it is proven that the mother deliberately misled him regarding paternity, he can demand the return of alimony amounts from her, but only for the 3 years preceding the decision.

At the same time, it is also necessary that he pay alimony not just like that, but on the basis of a court decision awarding the obligation to pay maintenance to the child.

The legal consequences for the mother in proceedings of this kind can be very dire - she may face criminal proceedings for misleading the court.

However, it can be extremely difficult to prove direct intent in cases of this category. As is already clear, challenging paternity and the associated legal proceedings are quite complex cases in the legal sense, even in their multi-component nature.

It is better not to touch upon the moral side of this issue at all, since situations can be varied.

Given the complexity of such a process, it is recommended to enlist the professional assistance of a lawyer specializing in family problems. Share this article with your friends:

Is it possible to return paid child support if paternity is contested?

Is it possible to return overpayment of alimony? Overpayment occurs for the following reasons: Errors in accounting calculations for calculating alimony; Concealment by the mother of the fact that the child has reached the age of eighteen or has undergone the emancipation procedure; Errors of a bank or other organization transferring funds in the child’s name; Intentional deception of an accountant; Failure of computer programs that accrue or transfer funds; Typos in child support payment receipts. Other circumstances. The refund procedure will depend on the reason for the overpayment. For example, if the error occurred due to the fault of the bank, then you need to contact the marriage directly. If the father had to overpay child support due to the fault of the mother, then in order to return it he must reach an agreement with her voluntarily or go to court.

Once the requirements are satisfied, the claim for challenge arises.

It happens when the payment of alimony becomes a violation of the rights of the payer. For example, if alimony was obtained through error, deception, misrepresentation of facts and provision of false information.

In this case, the payer has the right to demand the return of the funds paid, and the unscrupulous recipient is obliged to return the illegally received funds and be punished. Grounds for the return of alimony According to Art.

Only in the presence of the above circumstances, the alimony payer can return the money paid to him. At the same time, the main condition for the return procedure is respect for the rights and interests of the child.

If the return of alimony payments occurs due to the fault of an official, for example, an accountant who carried out the transfer, or the recipient of alimony, a parent, adoptive parent, guardian, it is they who must compensate for the losses caused to the payer - at their own expense. The child's funds and property remain inviolable.

Refund of alimony in 2023

How can a single mother apply for child support? You can fill out a statement of claim to challenge paternity using the sample presented here.

Cancellation of alimony after challenging paternity is carried out after the court makes a decision and provides a copy of this decision to the bailiff service.

An exception may be the situation when paternity is refuted, the man is not the father of the child, but the biological father has not been found and there is no one to support the child.

In what case can the payment of alimony not be demanded by the alimony payer, even if the fact of the absence of family ties has been confirmed?

Grounds for recognition of paternity Modern legislation provides several ways to obtain this status. Therefore, officially a father can be considered: A person who is married and has a child.

Information about the father in this case is entered in the appropriate columns automatically, without the consent of the citizen or procedures to establish paternity.

If the father contacted the registry office, expressing a desire to be recorded on the baby’s birth certificate.

How to return child support when challenging paternity?

We will send the material to you by email: By clicking on the button, you consent to the processing of your personal data and sending letters. In life and judicial practice, there are regularly cases when the father of a child categorically disagrees with his status and tries with all his might and means to challenge the fact of paternity.

And if a significant number of such attempts are nothing more than a way to ruin the life of a woman and child, a lot of claims to challenge paternity are resolved in favor of the plaintiff.

Why demand a paternity challenge? Everything is very simple! Satisfaction of a claim to challenge the relationship with a child is an unconditional basis for terminating the payment of alimony to a minor, which the plaintiff has the right to demand from the moment the decision is given legal force. Is it acceptable to return alimony?

Reasons for returning Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8. It’s fast and free!

Can child support be returned when paternity is contested?

The provisions of Russian family legislation clearly indicate that only the child’s biological parents are obligated to pay child support. In this case, the corresponding obligation is unconditional and is determined when the fact of paternity is established.

However, when paternity is contested, situations arise when the biological relationship with the child is refuted by the results of a genetic examination. Legal grounds Challenging paternity is a separate category of claims. Such issues fall within the competence of the judicial authorities of cities and districts.

The grounds for compensation are to disprove the fact of the biological relationship of the intended parent and the immediate child.

Unfortunately, a huge number of such disputes are aimed more at ruining the life of the spouse and child, and, even more unfortunately, most of these disputes are resolved in favor of the plaintiff. Why and why do fathers take such a desperate step?

Details of the representative of the defendant or plaintiff, if any. It is mandatory to indicate the details of the power of attorney. Amount of duty. A text containing the circumstances of the case. Plaintiff's claim.

Child support after challenging paternity

Is it possible to return alimony payments after challenging paternity? Challenging paternity of a child Father, although a proud title, can be obtained in various ways; a man does not always do it voluntarily. By law, a father is considered to be: The one who has a baby in a registered marriage relationship.

Refund of alimony after challenging paternity: grounds, procedure, judicial practice

There are situations in life when a citizen is not the biological father of a child, but pays maintenance for him. He does not always know that there is no blood relationship between them.

After all, the mother may hide this information from him or be in the dark herself. If such a circumstance is discovered, the question of the return of alimony arises.

In the article we will consider whether it is possible to return the paid funds, in which cases the court will satisfy the request for return, what is the procedure.

Can child support be returned when paternity is contested?

Challenging paternity is a procedure for confirming or denying the fact of biological relationship between a man and a child. It is carried out in court with the mandatory appointment of a genetic examination.

If it is confirmed that the man is not the father of the child, he has a chance to relieve himself of child support obligations. The courts do not always cooperate, since they are primarily guided by the interests of the minor.

If the real father has not been identified and there is no one to support the minor, the court has the right to oblige the former parent to pay maintenance until the child reaches 18 years of age or is adopted.

The issue of claiming already paid alimony is resolved by Article 116 of the RF IC. The stepfather will not be able to return them back even if he relieves himself of child support obligations.

Part 2 of Article 116 of the RF IC provides for only three circumstances in connection with which the paid maintenance is claimed back. However, they are not directly related to the abolition of paternity. Let's talk about them in more detail in the next section.

Grounds for return of alimony

Paid alimony can be returned in exceptional cases. The list of reasons includes the following situations:

• abolition of illegal alimony;
• invalidity of the alimony agreement;
• court verdict on falsification of the writ of execution for alimony.

Let us consider them in relation to the situation of abolition of paternity.

Cancellation of illegal alimony

Alimony can be demanded back if it is proven that the recipient provided the court with false information or forged documentation to assign it. For example, the mother provided false information that the man was the father of the child and misled him about his paternity.

Invalidity of the alimony agreement

There are situations when the alimony agreement is concluded under the influence of deception, threat or violence on the part of the recipient of the maintenance. In accordance with the Civil Code of the Russian Federation, such transactions are recognized as invalid.

If a woman resorted to deception and a man signed an agreement, being confident in his paternity, then he has the right to challenge it in court. He can then apply for a refund of the illegally paid funds.

Court verdict on falsification of a writ of execution for alimony

It may turn out that a man will report to law enforcement agencies about the forgery of a court decision on alimony or an alimony agreement. A criminal case is being initiated against the child's mother under Article 327 of the Criminal Code of the Russian Federation.

If, as a result of investigative actions, her guilt is proven, the court will pronounce a sentence to impose criminal penalties. In this case, the man will have a reason to go to court to claim the previously listed alimony.

Important! If it is proven that the child’s mother knew about the absence of a family relationship between the child and the alimony payer, she will be liable to him only with her personal property. The property of the minor remains inviolable.

How to get child support back after challenging paternity?

The return of funds illegally paid for the maintenance of a minor is carried out in court.

Which court should I go to?

The claim is filed in court at the place of residence of the defendant. If the amount of claims is less than 50,000 rubles , then the dispute is considered by the magistrate court. If the amount of claims is more than 50,000 rubles .

– district (city) court. In practice, there are situations when a demand for the return of funds is filed simultaneously with a demand to challenge paternity.

In this case, the case is considered by the district or city court, regardless of the amount of the claim.

How to file a claim?

There are a number of requirements that are imposed by the Code of Civil Procedure of the Russian Federation for drawing up a statement of claim. It is necessary to enter information about:

• name of the court;
• parties to the case;
• a minor child;
• documents on the basis of which alimony is paid;
• facts of lack of relationship between the child and the man;
• facts of mother's dishonesty when assigning maintenance to a minor;
• evidence in the case;
• stated requirement.

At the end of the document, a list of evidence is listed, dated and signed.

Sample claim to challenge paternity and return of alimony

The text of the document is drawn up in an official business style. Obscene and evaluative language is unacceptable. It must be restrained, objective, specific, and precise. The facts are presented in chronological order.

What documents should I prepare?

It is important to prepare an impressive evidence base. The following must be attached to the claim:

• birth certificate;
• marriage or divorce document;
• evidence of lack of relationship (genetic examination);
• a court decision declaring the alimony agreement invalid;
• court verdict on criminal liability for forgery of documents;
• evidence that false information was presented in court when alimony was awarded;
• confirmation that the man was misled about his paternity.

You will also need to pay the state fee and attach a receipt.

Procedure for consideration

The court examines the circumstances of the case in a court hearing. If a genetic examination has not been carried out, it will be ordered during the proceedings. Because of this, the consideration of the case may be delayed.

The defendant has the right to file a motion to apply a three-year statute of limitations if funds are being recovered over an impressive period of time.

Arbitrage practice

Theoretically, it is possible to return illegally paid alimony. However, judicial practice is not on the side of the victim. This is due to the problem of proving the plaintiff’s case. First of all, the court tries to protect the interests of the minor.

Example. Grigoriev A.V. filed a lawsuit against his ex-wife Grigorieva E.A. on the recovery of unjust enrichment. He indicated that, by decision of the magistrate’s court, he paid alimony for a minor child.

The court granted his claim to challenge paternity, and therefore the court order imposing alimony payments was canceled. Grigoriev A.V. believes that the ex-wife acted in bad faith; she knew about the absence of a family connection between him and the child.

The judge found that Grigorieva E.A. did not dispute the results of the genetic examination, since she herself did not know that her ex-husband was not the father of her child. The plaintiff has not proven that the defendant acted in bad faith.

Therefore, the recovery of paid maintenance was refused (Appeal ruling of the Samara Regional Court dated March 22, 2016 in case No. 33-3207/2016).

Let's sum it up

Thus, it is almost impossible to return alimony when paternity is contested . It will be difficult for a man to prove that the mother of his stepchild acted in bad faith. In addition, she has the right to ask the court to apply the statute of limitations. Therefore, even in the case of a positive decision, money can only be recovered for the last three years.

Refund of alimony when paternity is contested

Parents bear equal responsibilities and have equal rights in relation to their minor children. Therefore, during a divorce, the parent who lives separately from the child must pay him monthly child support. According to the laws, payments are:

• for one child – 25% of income;
• for two – 33%;
• for three or more – 50%

In some cases, the share may be revised. But today we will touch on the topic of how paternity can be challenged, and whether alimony can be returned if it was collected unreasonably.

Is it possible to return alimony?

The legislation of the Russian Federation provides for the payment of assistance to a child from the parent who left the family, however, a mechanism for returning money in the event of an error or deliberate action has not been developed, since this will cause damage to the minor, and the state cannot allow this. What should a father do if an excess amount was collected from him, and alimony was received illegally?

According to the law, a citizen must get his money back, since his rights were violated, but at the same time, the interests of the child cannot be violated, therefore the recovery is made from the person who accidentally or intentionally committed this violation. In other words, the father from whom a certain amount was illegally withheld has the right to demand his money back.

When can paid alimony be returned?

In any situation, if we are talking about protecting the rights of mother and child, the issue will be interpreted in their favor.

Therefore, the collection of already assigned alimony will be carried out exactly until the moment when the decision to cancel it comes into force.

The law also establishes that if the plaintiff has incurred a debt for some period prior to the verdict, then it must be repaid. In some situations, it is possible to return alimony, but this requires compelling reasons.

• The child is not his father’s own, but he did not know this. In such a situation, the mother must reimburse the amount of payments, but the father must have undeniable evidence that she deliberately misled him. Let us say right away that it is almost impossible to confirm this fact.
• The agreement was declared invalid. The father can prove that during the preparation of this document he was threatened, blackmailed or otherwise pressured.
• The documents were falsified.

Important! The person who is found guilty of these acts by the court must return the material assets to the father. Neither illegally collected alimony nor accidental overpayment will be collected from the child.

Example. The plaintiff filed an application to the court for the return of illegally collected amounts from his wages. When investigating the situation, it turned out that an error had crept into the accountant’s calculations, which is why increased child support was deducted from the father’s total amount for three months. The court decided to oblige the official who made the mistake to return the entire amount to the plaintiff.

Refund of alimony when paternity is contested: judicial practice

Sometimes, after a divorce, a man finds out that he was misled and was essentially raising someone else’s child. Moreover, alimony was prescribed, which he paid for a long time. Often in such a situation, a man stops transferring money, and this is the biggest mistake. The truth should be found out as soon as possible and the problem officially resolved, and the debt will have to be repaid in any case.

Challenging paternity is not an easy process, but if you are sure that the child for whom child support is being sought is not yours, then it is worth fighting, otherwise you will be helping to raise someone else’s child for many years, until adulthood. This can only be done in court. To do this you need:

1. collect documents necessary for the court, including evidence of the absence of blood relationship with the child;
2. draft a claim correctly;
3. pay the state fee;
4. submit an application with an attachment to the court;
5. participate in the meeting;
6. comply with the court order. You may have to pay off the debt.

In the same process as challenging paternity, it is also worth addressing the issue of removing child support obligations.

Refund of alimony when challenging paternity: help from a lawyer

Proving the absence of blood relationship with a child is difficult, but possible. To do this, it is necessary to collect a convincing evidence base, or better yet, conduct a genetic examination, but this can only be done with the consent of the mother, and she will most likely refuse. In this case, the court may initiate a study.

Of course, it is better to try to come to an agreement with the mother and not bring the matter to court. Very often, the lawyers of the Pravosfera company manage to resolve the issue before the trial, explaining to the child’s mother what the deception entails. Extensive experience and thorough knowledge of the laws allows the agency’s specialists to quickly resolve conflict situations, and you can see this for yourself.

Refund of alimony

Parents who evade the maintenance of their children are awarded alimony in favor of the collecting party. If there is an unreasonable or inflated debit of funds from the payer’s account, he can, in cases specified by law, return the money.

Due to the current family legislation, alimony, even if it is collected unreasonably, cannot be claimed back to the detriment of the interests of the child - the adult .

The issue of the return of alimony in the legal procedure for challenging paternity is also interpreted in favor of the protection of motherhood and childhood: payments for a stepchild will be stopped only from the moment the court decision of the same name enters into legal force, and if the payer has a debt for the past time (prior to the challenging procedure) - the court may leave it valid for collection.

In what cases can alimony be returned?

The conditions for the return of alimony funds are described in paragraph 2 of Art. 116 of the RF IC, which speaks of the possibility of return only in the event of illegal actions committed by the claimant or third parties:

The court decision to collect alimony was overturned by a judicial act, since it was made in connection with the presentation of false data or forged documents.

The agreement on alimony was canceled and declared invalid due to the pressure of the claimant on the payer through the use of threats, violence or deception.

There is a court verdict and the perpetrators in the case of forgery of collection documents have been identified:

• writ of execution;
• agreements;
• court decisions.

At the same time, it is clarified that the reverse collection from the minor’s account is irreversible, and the funds paid for alimony must be repaid by the person found guilty of illegal actions and causing material damage to the actual payer. However, the injured person will have to prove his case and return the lost funds through legal action.

What to do if you overpay alimony?

Sometimes situations arise in which the payer is suddenly deducted an amount greater than that established by a court decision or writ of execution. This may be due to various factors:

• an error by an official (for example, an accountant) when transferring monthly payments or a malfunction of work equipment;
• untimely notification by the payer, recipient or bailiff of a change in the size of the monthly amount (for example, due to a decrease in the amount of alimony) or other information affecting the amount of deductions (for example, the child turning 18 in the month paid);
• a typo in the writ of execution (if it is paid for the first time) and its discrepancy in the amount with the court decision;
• intentional action of the official carrying out the transfer of funds, etc.

Faced with such a situation, the “injured” payer, of course, can resign himself and leave everything as it is - he does not receive additional wages in this particular month, because money in an increased amount goes to the child. But this is ideal...

If a parent does not agree that he “overpaid” child support due to a third party’s mistake, the return of funds from the recipient is considered irreversible, and the overpaid funds can only be recovered from the person guilty of the overpayment.

How to return excessively transferred alimony?

1. Everyone knows that it is initially necessary to solve any problem peacefully. Therefore, if an overpayment of alimony is detected and an insufficient amount of salary funds is issued, first of all you need to go to an accountant and find out the reason for the overpayment. If this is a mistake by a specific person or technique, then it will be a one-time mistake, but if the incorrect amount is indicated in the writ of execution, the errors will continue monthly (until the payer eliminates the violation by re-issuing the writ of execution from the assistant judge);
2. If the person who overpaid admits his mistake, it is necessary to direct him to return the overpayment from his personal funds, explaining that family law prohibits the recipient from returning the money, and underpayment of wages is a direct violation of the Labor Code;
3. If the accountant refuses to pay for his mistake on his own (and the amount of overpayment is large or significant for the payer), you can threaten him with a complaint against the employer, and then with a lawsuit.

Statement

I ask you to resolve the issue of returning excessively withheld funds to pay alimony from my salary in the amount of 8,000 rubles, instead of 4,000 according to the writ of execution.

Based on Art. 109 RF IC, Art. 98 229-FZ “On Enforcement Proceedings”, persons paying wages or other periodic payments to the debtor, from the date of receipt of the enforcement document from the claimant or bailiff, are obliged to withhold funds from the wages and other income of the debtor in accordance with the requirements contained in executive document. However, in violation of the current legislation, by payment order No. 08009736 dated 06/01/2022, excess funds were withheld from my salary, contrary to the requirements of the writ of execution, which violates my labor rights.

If alimony is overpaid, it is not possible to recover the overpaid alimony from the recipient; the payments must be reimbursed by the person through whose fault the overdeduction occurred.

Based on the above, I ask you to identify the official responsible for withholding an inflated amount from my salary and to reimburse the excessively withheld funds in the amount of 4,000 rubles. In case of failure to comply with the requirements set out in this statement, this issue will be resolved by me in court.

“____” _____________ 2023 ______________/Muromov A.M./

A sample statement of claim for the return of alimony is as follows:

In the Bezhitsky District Court of Bryansk , Bryansk, st. M. Strikes, 14

Plaintiff : Lopukhov Valery Ivanovich, Bryansk, st. Frunze, 10-22,

contact/tel. 8-900-00-00-00

Defendant : Gen. Director of Twins LLC, Sapin Yuri Vadimovich, Bryansk, per. Osoaviakhima, 14B,

contact/tel. 74-74-74

Statement of claim for the return of funds illegally withheld from wages

I have been an employee of Twins LLC since 2007, in this organization I hold the position of category 1 procurement specialist.

Since 2012, my ex-wife collected alimony from me, which was withheld monthly from my salary in the amount of 1/4 of the income at the enterprise and amounted to 4,300 rubles per month.

In May of this year, the accountant was changed on staff, and I received a smaller amount of wages than I was entitled to after the collection of alimony funds (i.e., not 12,900 rubles, but only 9,000 rubles).

I tried to resolve this issue peacefully with Novikova I.V. and General Director Sapin Yu.V. about the return of excessively withheld funds, but they refused to return the money to me, thereby violating labor laws.

According to Art. 109 RF IC, Art. 98 229-FZ “On Enforcement Proceedings”, persons paying wages or other periodic payments to the debtor, from the date of receipt of the enforcement document from the claimant or bailiff, are obliged to withhold funds from the wages and other income of the debtor in accordance with the requirements contained in executive document. However, in violation of these articles, excess funds were withheld from my salary, contrary to the requirements of the writ of execution.

Based on the foregoing,

I ASK THE COURT:

To collect from the employer Sapin Yu.V. the amount illegally withheld from my wages to pay alimony in the amount of 3,900 rubles.

To call witnesses at the court hearing:

• Novikova Irina Viktorovna (accountant of Twins LLC), living at the address: Bryansk, st. Burova, 2-18;
• Oleg Sergeevich Meshkov (colleague), living at the address: Bryansk, st. Fertile, 1.

I am attaching the following documents in 2 copies to the statement of claim:

1. Statement of claim.
2. A copy of the plaintiff's passport.
3. Payment order dated 05/12/2022.
4. A copy of the writ of execution on the collection of alimony.
5. A copy of the court decision on alimony.
6. A copy of the application addressed to the employer to eliminate the error when calculating wages.
7. Printout of an SMS message from Sberbank about the receipt of a salary payment in the amount of 9,000 rubles.

“____” _____________ 2023 ______________/V.I. Lopukhov/

Refund of alimony when paternity is contested

The procedure for challenging paternity always takes place in court and involves the exclusion of the previously indicated parent from the child’s birth certificate, and also releases the former father from all legal obligations in relation to the minor (hereditary, property, kinship, etc.).

However, even in this case, in terms of alimony legal relations, the legislation is interpreted in favor of motherhood and childhood, namely:

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• if alimony was previously collected from the person who challenged paternity, its payment ceases only from the moment the court makes the appropriate decision;
• if there is a child support debt that has accumulated due to the payer’s fault, the court will not relieve the stepfather of the obligation to repay it;
• the return of previously paid funds for the past period (3 years) is extremely problematic, and is possible only if there is evidence of deliberate actions of the child’s mother, who misled the court when assigning payments from the stepparent.

Judicial practice on the return of unjustified payments when challenging paternity is disappointing for plaintiffs, since it is extremely difficult to prove the malicious intent of a mother acting in defense of the legitimate interests of her child when assigning alimony, and one will have to resort not only to family and civil law, but also to criminal law, and bringing to criminal liability the parent (mother), who is dependent on the child after paternity is contested, is contradictory and goes against the interests of the minor.