Refusal of child support: is it possible to refuse to receive alimony payments and how to register it with a notary or through the court

Having believed in your spouse’s promise to allocate funds for the child without forced collection, you decided to refuse alimony payments. Before withdrawing the application from the court or revoking the writ of execution from the bailiff service, you should find out whether it is possible to re-apply for alimony. It is not a fact that the spouse will keep his word.

From the article you will learn how to resume payments after refusal and whether repeated appeals to the court and the Federal Bailiff Service (FSSP) are possible to resolve the issue of collecting alimony. I will also tell you about the nuances and procedure for re-submitting an application to receive support for minor children.

In what cases can you apply for alimony a second time?

The decision to refuse alimony arises for various reasons: moving to another country, improving one’s financial situation, the spouse’s promise to voluntarily compensate for all expenses, family reunification, etc. If at any point you realize that you acted rashly, you have the right to re-apply for alimony.

On a note. The article talks about re-applying for alimony for minor children, although persons who are entitled to maintenance by law can also apply for alimony a second time. The re-filing procedure for all categories is identical, with the exception of issuing a court order and assigning alimony in shares of income.

The possibility of applying for alimony after refusal is provided for by the provisions of the Family Code, Civil Procedure Code of the Russian Federation and the Federal Law “On Enforcement Proceedings”. However, the term “re-submission” does not exist in regulatory documents, and this action means repeated:

Applying to the court to accrue/revise the amount of funds for maintenance and obtaining a writ of execution.
Contacting a notary to conclude an agreement on the payment of alimony.
Applying to the court with a request to issue a writ of execution under a settlement agreement.
Presentation of the writ of execution to the bailiff service.

It is necessary to consider all these situations in detail, since each of them has its own characteristics.

How to sue for child support again

Repeated filing of an application for alimony with the court is possible.
Repeated filing for alimony with the court is allowed if:

The court did not consider the case on its merits and no decision was made.
The family or financial situation of the plaintiff or defendant has changed.
If a court decision has been received, but no payments have been received, in the application, demand payment of the debt, taking into account the penalty for each day of delay.

On a note. In cases of alimony collection, the plaintiff is exempt from paying state fees, regardless of the number of appeals. Additional costs arise only if you turn to lawyers for legal assistance.

Is it possible to re-apply for alimony if the case has not been considered by the court?

A repeated application for the collection of alimony to the court is possible if the case has not been considered on its merits for the following reasons:

The rules of jurisdiction under Art. 23 of the Code of Civil Procedure of the Russian Federation when applying to a magistrate's court - in the application for the issuance of a court order, there is a dispute about the right, you require the calculation of alimony in a fixed amount, or the defendant lives outside the Russian Federation.
The rules of jurisdiction under Art. 24 of the Code of Civil Procedure of the Russian Federation, when applying to a district court, the claims stated in the claim are subject to consideration in the order of writ proceedings.
There are no documents confirming the stated requirement - Art. 124 and 132 of the Code of Civil Procedure of the Russian Federation.
The requirements for the form and content of the application for a court order or statement of claim are not met - Art. 124 and 131 of the Code of Civil Procedure of the Russian Federation.
The court returned the application under Art. 135 of the Code of Civil Procedure of the Russian Federation on grounds - if the application was not signed, if you withdrew your application before the court ruling was made.

In all these cases, there are no obstacles to re-applying to court. All you have to do is competently draw up a statement, eliminating previous violations, and submit it to the court again.

Do they go to court again if there is already a decision on the case?

When expenses for a child have increased, you can demand an increase in payments.
If circumstances related to the identity of the recipient or payer of alimony change, you have the right to re-apply to the court any number of times. If the financial or marital status of one of the parties has changed, then the court, at your request, has the right to change the established amount of alimony - Art. 119 RF IC.

Important! Such applications are considered by the same court that made the court decision to withhold alimony.

Apply for an increase in the amount of alimony if:

The defendant's income level has increased. This solution is relevant for a fixed payment amount.
Your child expenses have increased due to illness, disability, need for additional education, etc.
You had other children with the defendant.
One of the children for whom you received child support has reached adulthood. Demand an increase in payments for younger children to the percentage required by law.
Your relative who supported you financially has died.

From the video you will learn how to increase the amount of alimony through the court:

File a claim to change the method of collecting maintenance if:

The payer got an official job with a high salary - apply for a change from a fixed amount to shared payments.
Your current or former spouse receives income in kind or in foreign currency - demand a change in the method of collection from equity to a fixed amount.
The defendant’s earnings have decreased, become irregular, or the spouse has quit his job altogether—demand in the application to change the method of collection from equity to a fixed amount, or ask for payments to be assigned both as a percentage of earnings and as a fixed amount.

In the video, the lawyer explains how it is more profitable to collect alimony - in shares or in a flat amount:

When you want to change the way you receive alimony, there is no need to go to court. You can agree with the payer or indicate a payment option convenient for you by contacting the bailiff who opened the enforcement proceedings.

Important! If there is a change in the amount of alimony previously established by the court for children and other family members, recovery in the newly established amount is made from the date the court decision made on this enters into legal force.

How to reapply to the court - instructions

Prepare an application for the issuance of a court order, taking into account the requirements of Art. 124 of the Code of Civil Procedure of the Russian Federation or a claim that meets the form and content of Art. 131 Code of Civil Procedure of the Russian Federation. Do not forget to eliminate the circumstances that prevent the initiation of the case - the judge, at your first appeal, should have listed them in the ruling on leaving the application without progress or on its return.

Be prepared to go through all the stages of the writ or claim proceedings again before making a decision and receiving the writ of execution. Follow the following sequence of actions:

Gather evidence to support the validity of your claims. To increase the amount of payments, attach certificates, hospital extracts, checks, receipts, etc.
Compose an application and attach new evidence and previously collected documents to it. For a statement of claim to increase the amount of alimony or change the method of collection, attach the information specified in Art. 132 Code of Civil Procedure of the Russian Federation documents.
Make copies of the claim and all documents. Send them to the defendant by Russian Post by registered or valuable letter with a list of the contents and a return receipt.
File a claim in court, attaching all documents and a notice of sending the claim to the defendant. To issue a court order, it is not necessary to send an application to the defendant.
The judge issues a court order within 5 days from the date of receipt of the application - no earlier than 15 days later you will receive a copy of the order certified by the official seal of the court. Within 5 days, the issue of accepting the claim for proceedings is also considered - in this case, wait for notification of the date, time and place of the consideration of the case.
Take part in court hearings. Child support cases are considered and resolved before the end of the month. Depending on the complexity, the period may be extended, but not more than 1 month.
Based on the results of the court decision, a writ of execution (order or sheet) is drawn up, which is then presented to the FSSP for forced collection.

When repeated recourse to court is not allowed and what can be done

Repeated appeal to court is not allowed:

With an application for the issuance of a court order for alimony, if a ruling has already been made to cancel the court order - Art. 129 Code of Civil Procedure of the Russian Federation. In this situation, the stated demand should be presented in the manner of claim proceedings.
If there is a court decision that has entered into legal force and was adopted on a dispute between the same parties, on the same subject and on the same grounds - Art. 220 Code of Civil Procedure of the Russian Federation. In this case, change the subject and basis of the claim.
If there is a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff’s refusal of the claim - Art. 134 Code of Civil Procedure of the Russian Federation. Since termination of the obligation to pay alimony is not provided for by law, file a claim on a new date and ask the court to collect alimony from the date of application.
If there is a court ruling to terminate the proceedings in connection with the approval of a settlement agreement between the parties - Art. 134 Code of Civil Procedure of the Russian Federation. When the obligations under the agreement are not fulfilled, you have the right to apply to the court to issue a writ of execution based on a court ruling to approve the settlement agreement.
If between you and the defendant there is a notarized agreement on the payment of alimony - Art. 101 IC RF. The court will consider your claim for alimony only if you simultaneously file a claim for termination of the agreement.

Is it possible to apply for alimony again if an agreement on alimony payment has been concluded?

A notarized agreement has the force of a writ of execution.
Voluntary alimony payments are established in one of two ways:

An agreement between the parties, which requires mandatory notarization and has the force of a writ of execution - Art. 100 IC RF.
By a court ruling on concluding a settlement agreement - Art. 153.10 Code of Civil Procedure of the Russian Federation.

Next, I’ll tell you whether it’s possible to reapply for alimony and when payments can be resumed.

Is it possible to resume alimony payments after termination of the agreement with a notary?

An agreement to pay alimony concluded and certified by a notary deprives you of the right to go to court with a claim or application for an order to collect alimony. This document has the force of a writ of execution and can be presented for execution (to the FSSP) during the entire period for which alimony is awarded, and within 3 years after its end.

The parties can re-apply to a notary to certify a new agreement, change its terms or terminate it at any time and as many times as you need.

You can terminate the agreement not only by mutual agreement, but also through the court. To do this, the claim must simultaneously state 2 demands: for termination of the agreement and for the assignment of alimony.

On a note. Exemption from payment of arrears of alimony for minor children and from arrears of penalties for late payment is impossible by agreement of the parties - Art. 114 RF IC.

Are payments under the settlement agreement renewable?

A settlement agreement on alimony can be signed at any stage of the legal process and even after a court decision, during enforcement proceedings. After signing this document, it is not allowed to re-apply to the court with a claim for alimony.

Even improper execution of the settlement agreement does not give you the right to re-apply for alimony to the court, but this document is subject to forced execution according to the rules of Section VII of the Code of Civil Procedure of the Russian Federation. Thus, at your request in court, you will receive a writ of execution, which must be presented to the bailiff service or at the debtor’s place of work to deduct alimony directly from the accounting department’s salary.

You have the right to submit a sheet for execution and withdraw it at any time.

You can also go to court with a request to change the terms of the settlement agreement (amount or form of recovery) if there are appropriate grounds. Indicate in the application a change in financial situation (yours or the defendant’s) or other significant reasons.

Is it possible to re-submit a writ of execution for alimony?

If your spouse does not keep his promise, resume enforcement proceedings.
Until the child turns 18 years old (and in some cases even after he reaches adulthood), you can either initiate or cancel enforcement proceedings at any time. The number of repeated appeals to the FSSP with an executive document is not limited by law.

The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution - Art. 46 Federal Law No. 229 “On Enforcement Proceedings”.

Important! There is no fee for re-initiation of enforcement proceedings. There are also no sanctions or fines for refusal to enforce the collection of alimony.

How to renew alimony after refusal by the FSSP - instructions

The court decision and agreement on the payment of alimony (both voluntary and amicable) do not lose their legal force until the expiration of the obligations. You have the right to submit them for execution until your child comes of age and for another 3 years after.

To re-apply for forced collection of alimony, you must:

Draw up an application for the resumption of enforcement proceedings addressed to the head of the FSSP.
Attach the original writ of execution.
Submit an application and writ of execution to the bailiff service.

A sample of such an application can be obtained from the FSSP department or downloaded on our website - Application for re-initiation of enforcement proceedings.

Within three days after your application, the application will be registered, enforcement proceedings will be resumed and the bailiffs will begin working with the debtor.

See also: What is the responsibility for non-payment of alimony this year - when is it criminal and when is it administrative?

The procedure for collecting alimony in enforcement proceedings

Most often, alimony is paid by an ex-husband who does not live with his family. Then the wife may demand to pay alimony without a trial or with the help of bailiffs. If the case goes to court and the applicant receives a writ of execution, then it is necessary to contact the FSSP and submit the necessary documents.

The bailiffs who accepted the application can collect funds from the debtor in two ways. The first option is voluntary. The debtor receives a written notice stating the need to pay child support within five days. If after the expiration of this period the funds have not been transferred, then the bailiffs use the second option - forced.

When forced to collect alimony from the debtor, funds are written off in two ways:

If the husband (wife) works in an official job, then the bailiffs send the demand to the accounting department, after which a certain amount of money will be debited from the debtor’s salary;
If the ex-spouse is unemployed, then bailiffs can withdraw money from additional earnings. For example, if the husband receives income from renting a residential premises, then the bailiffs will collect an amount from this income in accordance with the court order.

What is needed to re-apply for alimony - a list of documents for the court and for the FSSP

The standard list of documents for re-applying to court includes:

Copies of passports.
Certificate of registration/divorce.
Birth certificate of the child/children.
Certificate from the passport office confirming that the dependent is living with you.
Certificates about your income and the defendant’s income.
Documents confirming the need for financial support.
Certificate of disability - when collecting payments for an adult disabled child or for yourself.
A certificate from the antenatal clinic - when collecting alimony for a pregnant wife.
Calculation of the cost of the claim with justification of expenses for the child.
Other documents that may influence the court's decision.

To restore enforcement proceedings, prepare the following documents:

A copy of your passport.
Original writ of execution/court order/agreement on payment of alimony.
Information about the debtor (full name, place of residence, work, location of personal property, size, sources of income, etc.).
Details of the account to which funds will be transferred.

On a note. If the original writ of execution is lost, it will not be possible to restore it, but you can apply for a duplicate to the notary who certified it, or to the court that issued it (in this case, the demand for alimony recovery does not need to be submitted again). The duplicate is equal in strength to the original.

Alimony under several writs of execution

It happens that a person has several children. And each of them needs to pay alimony. As a general rule, no matter how many children a parent has, it will not be possible to recover from him more than 50% of the official salary (Article 138 of the Labor Code of the Russian Federation; Article 99 of the Federal Law of April 13, 2005 “On Enforcement Proceedings”).

FAQ

Q: The wife refused child support through the bailiffs, can she apply for alimony again?

A: The recipient of alimony has the right to contact the bailiff service as many times as he likes. The number of repeated requests is not limited. The right to initiate enforcement proceedings expires 3 years after the termination of alimony obligations.

Q: The writ of execution is in hand, but alimony is not transferred. Who should I contact and for what period will the funds be collected?

A: Contact the Federal Bailiff Service at the defendant’s place of residence. You can recover the amount for the entire period of non-payment. For each day of delay, you can claim a penalty in the amount of 0.1%.

Q: Is it possible to file for alimony a second time in court if she refused the first time?

A: If you renounced your claims after the application was accepted for processing, then you will not be able to submit a second application under the same circumstances - change the price of the claim or the form of recovery in the application.

Q: Can a bailiff refuse to reopen enforcement proceedings?

A: No, it cannot. This is your right, and the law does not limit the number of requests, and no payment is charged.

Q: I reconciled with my husband and canceled the alimony, but he still doesn’t give anything for the children, and the original writ of execution has disappeared. Is it possible to resume payments and how to do this?

A: Obtain a duplicate of the writ of execution from the court, draw up an application for re-initiation of enforcement proceedings and submit it to the bailiffs.

Q: How do I know that enforcement proceedings have been resumed?

A: Within 3 days from the date of receipt of your application to the FSSP, the bailiff is obliged to initiate enforcement proceedings and send you a copy of the resolution to resume forced collection of alimony.

Crib

Re-filing for alimony - applying to the court with corrected violations in the returned application, with an application to increase the amount of maintenance or to change the method of collection; contacting a notary to make changes or certify a new agreement; appeal to bailiffs to resume enforcement proceedings.
The basis for collecting alimony is an executive document. It can be a notarized agreement on the payment of alimony, a court order or a writ of execution. When concluding a settlement agreement in court, you will have to apply for a writ of execution.
The presentation of a writ of execution for the collection of alimony is the right, and not the obligation, of the claimant. You decide for yourself whether to submit it to the FSSP or not.
Re-initiation of enforcement proceedings after refusal is possible an unlimited number of times.
If alimony is not received, and you have not withdrawn the writ of execution, you should not contact the court or notary again, but directly to the bailiff service.

Tell us about your experience of re-applying for child support. What difficulties did you have to face? Did you seek legal help or did it on your own?