How to suspend enforcement proceedings for alimony?

Resumption of enforcement proceedings on alimony: step-by-step instructions

Enforcement proceedings can be resumed at the request of the claimant. You can contact the bailiffs during the validity period of the writ of execution. An executive document is a notarial agreement, a court order or a writ of execution.

The executive document is valid:

• until the child reaches adulthood - if alimony is collected for a minor child;
• 3 years – if alimony is collected from an adult relative, spouse or former spouse.

You can resume enforcement proceedings in 2021 in the following ways:

1. File a complaint against the actions or inaction of the bailiff. It is used if proceedings are terminated, suspended or terminated without reason. The complaint must be filed with the court or the head of the FSSP.
2. Send an application to the bailiff. This method is used if the claimant himself took the writ of execution.

Through the fault of the bailiff

The bailiff may suspend enforcement proceedings for alimony if he cannot find the debtor. Sometimes such a decision is made, although the bailiff did not try to find it.

In this case it is necessary:

1. File a complaint against the bailiff. It sets out the reasons why the proceedings should not have been terminated and the requirement for resumption.
2. Send a complaint to the senior bailiff. It can be submitted via e-mail, personal account on the FSSP website or during a personal visit on the reception day.
3. Wait for an answer. If the head of the FSSP department believes that the bailiff suspended the proceedings legally, then you need to file a complaint about the inaction of the head. It is sent to the regional FSSP department or to the prosecutor's office.

At the initiative of the claimant

If enforcement proceedings have been suspended, completed or terminated legally, then they can also be resumed.

To do this, the claimant or debtor must:

1. Find reasons for renewal.
2. Submit a statement to the bailiff.
3. Obtain a resolution to resume enforcement proceedings.

Within 10 days from the date of receipt of the application, the bailiff must review the documents and make a decision. If there are sufficient reasons to resume proceedings, then the bailiff must issue a ruling and send it to the debtor and the collector.

If there are no grounds for renewal, then he must refuse to satisfy the requirements.

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Legal advice on alimony

Collection of alimony under a writ of execution

According to the provisions of the Family Code, alimony is collected on one of the following grounds:

1. Voluntary agreement to pay alimony. The parties can agree on the amount of alimony and the procedure for collecting it by concluding a voluntary agreement. Based on the document, the claimant has the right to receive alimony in the form of a percentage of monthly income, in a fixed amount, or in the form of property rights to property. In each case, the amount of alimony collected should not be less than the legally established norms (for one child - 25%, for two children - 33%, for three or more children - 50% of the defendant’s monthly income). After the voluntary agreement is certified by a notary, the document is subject to immediate and mandatory execution.
2. Performance list. If the parties are unable to agree on the amount of alimony, then the issue of collection of funds is considered in court. Based on the court decision, employees of the FSSP (Federal Bailiff Service) draw up a writ of execution indicating the amount of alimony and the procedure for withholding it.

In general, the withholding of alimony and the transfer of amounts in favor of recipients is carried out by the defendant’s employer on the basis of a writ of execution received by the company in the name of the employee.

The above collection procedure applies both in the case of payment of alimony for minor children, and in a situation where the defendant pays funds to disabled family members (ex-spouse, grandmother/grandfather, brother/sister, etc.).

How to make an application for renewal of an individual entrepreneur?

There is no official application form. But the document must contain the following information:

• name of the FSSP, full name of the bailiff;
• Full name and residential address of the debtor and the claimant;
• number and date of execution of the resolution to initiate IP;
• information about the resolution on the termination, suspension or termination of the individual entrepreneur;
• grounds for the procedural actions of the bailiff, carried out by him earlier: revocation of ID by the collector, stay of the debtor in the army;
• requirement for renewal of IP.

The application is filled out on a prepared form in black or blue ink. Do not use pencils, felt-tip pens or colored pens.

Consultation on document preparation

Suspension, termination and termination of enforcement proceedings on alimony

Collection of alimony debt after 18 years: procedure and deadlines

Payment of the performance fee

After the initiation of enforcement proceedings, the debtor receives 5 days to voluntarily pay the debt. If he does not pay the debt, then an enforcement fee is collected from him.

The enforcement fee is 7% of the debt amount, which is withheld in favor of the state. If enforcement proceedings are terminated or completed, the debtor is still required to pay the fee.

In 2021, they can only be released from payment by a court decision if the debtor proves that the debt was accrued unlawfully.

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Legal consequences

The main consequences of filing an application for the resumption of enforcement proceedings:

1. The bailiff sends out orders to resume proceedings.
2. The bailiff is looking for the debtor's property and bank accounts.
3. The bailiff holds the debtor accountable: he restricts the right to drive a car, imposes a ban on traveling outside the country (if the debt is more than 10,000 rubles).
4. The bailiff seizes the debtor's property for sale at auction to pay off the debt (if the value of the property is approximately equal to the amount of the debt).

If the amount of the debt is too large, the debtor can ask the court for an installment plan and transfer money monthly in amounts convenient for him.

Grounds for termination, completion and resumption of enforcement proceedings

Enforcement proceedings can be:

• discontinued;
• finished;
• suspended.

These are procedures carried out by the bailiff. Let's look at why they are needed, what is their difference and what they are used for.

To terminate

Termination of enforcement proceedings is carried out if the grounds for collecting alimony have ceased (Article 43 of the Federal Law of 2007 No. 229). It does not matter whether the payer fulfilled his obligation or not.

Grounds for termination:

1. The child has turned 18 years old. This is the only situation where proceedings are terminated automatically, without the debtor’s application. In other cases, you need to bring a confirmation document to the bailiff and write a statement.
2. The child is emancipated. Emancipation is the acquisition of full legal capacity by a child between the ages of 16 and 18. This is possible if the child works under an employment contract, carries out entrepreneurial activities, or is married. Emancipation is possible with the consent of the parents - by decision of the district administration, and without the consent of the parents - by a court decision.
3. The child is adopted.
4. The payer challenged paternity in court.
5. Death of a child or father (or other beneficiary or payer). If the mother dies, this does not relieve the father from child support obligations. If the father does not take the child with him, then he must continue to pay child support. If a child is placed in an orphanage, then funds must be transferred to his bank account. He will be able to use them after the age of 18. If the child is placed under guardianship, then alimony is transferred to the guardian’s account.
6. The ex-wife got married.
7. The adult relative for whom alimony was paid did not confirm his disability.
8. An adult relative found a job or received other additional income.

To finish

The end of enforcement proceedings on alimony is possible in the following cases (Article 47 of the Federal Law of 2007 No. 229):

1. The writ of execution has been submitted to the accounting department of the employing enterprise. In this case, the accountant, not the bailiff, is responsible for the monthly receipt of alimony.
2. The recipient voluntarily refused alimony and took the writ of execution.
3. The debtor moved to another city. Documents for collection are transferred to the FSSP department at his new place of residence.
4. The debtor moved to another country. In this case, it is impossible to collect alimony according to the writ of execution.

To suspend

Suspension of enforcement proceedings is the suspension of collection for a certain period (Article 40 of the Federal Law of 2007 No. 229). When the period ends, collection is resumed in full.

Enforcement proceedings are suspended if the debtor:

• sent on a long business trip to another country;
• called up for compulsory military service;
• called up to participate in hostilities;
• declared incompetent;
• undergoes long-term treatment in a hospital (tuberculosis, oncology).

The bailiff issues a suspension order and sends it to the recipient and the debtor. The document indicates the period for which production is suspended.

Is it possible to suspend alimony payments?

According to family law, parents are required to pay child support for the maintenance of a child with whom they do not live.
You can carry out the procedure for transferring funds voluntarily, but most often payment occurs on the basis of a court decision. And the end of enforcement proceedings for alimony should be carried out only for legitimate reasons. The assignment of alimony payments is of a declarative nature. Therefore, in order for enforcement proceedings to be opened, the recipient is obliged to go to court. Only on the basis of such a claim is an appropriate decision made. The transfer of funds for a disabled relative is forced.

And this procedure is suspended or terminated completely for a variety of reasons. Enforcement proceedings are terminated in accordance with several regulations. These are Federal Law No. 229, Plenum of the Supreme Court No. 50 and the Family Code of the Russian Federation (Article 120). Payments may be terminated for the following reasons:

• the child's coming of age;
• a young child has received full legal capacity (married, etc.);
• baby adoption;
• the child support payer disputes his parental rights;
• the recipient is recognized as able to work;
• the spouse who was the recipient of the mat. assistance, registered a new marriage;
• death of the payer or a person who was in his care.

Important! The end of production can be resumed, unlike the termination of payments.

The suspension of alimony is initiated not only by the payer, but also by the court or bailiff. This often happens when a court decision to collect funds to pay alimony is challenged. The court can also suspend the procedure on the basis of a corresponding request from the bailiff. The reasons are as follows:

• death of the payer;
• serious deterioration in health;
• stay of a person on a business trip;
• searching for a person for non-payment.

Providing mat. assistance is suspended indefinitely. To resume the transfer of alimony, the reason for the delay is eliminated. Many alimony payers believe that lack of work is the reason for exemption from this obligation. And then the claimant will receive nothing.

But the law provides for attempts to avoid the obligation to support disabled relatives. Therefore, even an unemployed payer is obliged to provide appropriate financial assistance. But in a fixed fixed amount. And any debt is collected from his property.

It is at this stage that payments are suspended. To collect alimony, the seized property must be appraised and then the property must be sold to repay the debt to the recipient. And he has the right to file a claim for the accrual of penalties for the amount of debt.

Any party has the right to appeal the actions of the bailiff or other procedural measures. To do this, the debtor must draw up an application indicating:

• position, full name of the person whose actions violate the applicant’s rights;
• personal information;
• facts confirming the illegality of the offender’s actions;
• applicant's requirements;
• signature;
• date of.

It is considered by the court at the plaintiff’s place of residence.

Termination of enforcement proceedings for alimony ordered by the court is possible under the following circumstances:

• death of a participant;
• the age of the recipient;
• obtaining legal capacity by a person;
• challenge by a citizen of paternity.

Suspension of payments for these reasons is final.

If a corresponding agreement has been drawn up between the parents of a minor child (or between the payer and the legally capable recipient), then the termination of the mat. assistance occurs for the following reasons:

• expiration of the agreement;
• termination of an agreement;
• according to the terms of the contract.

General reasons for termination of payments also have legal force.

The alimony obligee does not have the right to stop payments without warning the relevant authorities. Therefore, before you suddenly stop enforcement proceedings for alimony, you should write a statement.

There are two ways to pay child support:

• voluntary. Typically, both parties enter into an agreement and have it certified by a notary office. In the document, they stipulate their conditions for making/receiving payments, the schedule for depositing funds, and payment methods. Oral agreements do not carry any legal weight, therefore they have no relation to official agreements;
• forced recovery through court. This method is resorted to much more often, since most broken couples cannot find a compromise on the size of payments and the schedule for making them. It is easier to resolve these controversial issues with the involvement of a third independent party, which is the court. After the court ruling and its entry into force in case of refusal to pay, the defaulter will be officially considered a violator, who will be dealt with by the bailiffs.

The agreement can be terminated and the court’s decision can be challenged by filing an official request (petition) explaining the reasons that must become compelling circumstances for changing it.

If one of the spouses, after an official divorce, was obliged by a court decision to pay alimony, and one fine day decided to stop making financial contributions, the payer must have a good reason for this.

We invite you to read: Husband does not pay child support, what to do (father) 2020

It is important to distinguish between the termination or suspension of alimony payments by a court decision and at one’s own request, which in this case is equivalent to a violation of the law and will invariably entail punishment. In this case, it is completely irrelevant whether the reasons for committing such actions were compelling.

Even if the court decides in favor of the alimony-obliged person, he will be required to pay the debt that accumulated after the violation of the schedule in the period of time between the willful termination of contributions and the court’s decision.

If the recipient and the person obligated for alimony have agreed to pay alimony through an agreement, then this document relieves obligations on both sides in the following cases:

• if any condition mentioned in the contract as a circumstance for its termination has been met;
• if one of the parties has died. In this case, the parties mean the payer and the recipient (child, parent). For example, if the mother actually received money for a common child from the father obligated to support him, but she died, then this will not be a reason to terminate the agreement, since the official recipient (child) is alive. However, if he moves to his father and completely transfers to his maintenance, then the agreement is canceled, which is usually indicated as one of the clauses-conditions for termination of the document;
• if the contract has expired. In this case, you can renew the agreement or agree on new terms if there is still a need to pay alimony. For example, former spouses entered into an agreement under which the father agreed to pay for his son’s college education. After successfully completing secondary specialized education, the child decided to enter a university. Although the previous agreement had expired, the parents entered into another one under new conditions (large amount of payments) and for a new term (my son’s graduation from university).

Expert opinion

Maria Lokshina

Family law expert since 2010

In rare cases, a reason for completely canceling alimony may be

challenging paternity

. If it turns out that the child is not the biological son/daughter of the person obligated to support him, then he is not obliged to provide financial support.

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:

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In what cases is it possible to resume enforcement proceedings?

Enforcement proceedings can be resumed upon suspension and termination (Article 45 of the Federal Law of 2007 No. 229). If production has been stopped, it is not always possible to resume it.

Let's look at the features of renewal in different situations.

After termination

Resumption of terminated proceedings is permitted if the court decision on the basis of which it was terminated is canceled by the court.

For example, if the payer was declared missing, but reappeared a few years later, enforcement proceedings can be resumed. To do this, the debtor or recipient must apply to the court to cancel the termination order, obtain a court ruling and submit it to the FSSP. The bailiff will issue a renewal order.

Consultation on document preparation

If the proceedings are terminated by a court decision, the application should be submitted to the judicial authority that issued the relevant decision.

Example. The mother received a court order for child support, according to which the child's father must pay 10,000 rubles every month. The man transferred money monthly. 3 years later he went missing. After 12 months, the woman went to court and declared him missing in order to apply for a survivor’s pension. After 2 years, it turned out that the man had gone to work and was injured there. He could not tell his ex-wife and son. The court's decision to declare him missing was canceled, and enforcement proceedings on alimony were resumed.

Since the man had no alimony debt before his departure, the debt is formed for the period before he is declared missing. That is, in 12 months. During the period before the court decision is overturned, the debt is not accrued. Since the resumption of enforcement proceedings, the father remains in debt for 12 months - 120,000 rubles.

Enforcement proceedings cannot be resumed if:

• the child has reached adulthood;
• the child is adopted;
• the payer or child has died.

After graduation

If enforcement proceedings have been completed, they can be resumed. To do this, the debtor or claimant must submit an application and a writ of execution to the bailiff.

The application must include the following information:

• Full name of the bailiff;
• Full name of the debtor and the claimant, residential addresses;
• date and number of the resolution to initiate proceedings;
• date and number of the decision on completion, grounds;
• a request to cancel the decision, a description of the circumstances due to which this can be done;
• a list of attached documents.

Consultation on document preparation

Example. According to the court order, the father must pay 15,000 rubles. per month. The mother filed an application with the bailiff, who initiated proceedings on May 20, 2020.

On June 15, 2020, the mother submitted to the bailiff an application to terminate the proceedings in connection with the reconciliation of the parties. The bailiff returned the court order to her.

On September 30, 2020, the woman filed an application to resume enforcement proceedings because her husband left the family and stopped paying alimony.

Child support will be collected for the period from 05/20/2020 to 06/15/2020 and from 09/30/2020 until the child reaches adulthood. For the period from June 15, 2020 to September 30, 2020, alimony will not be collected, since the woman herself took the court order.

After suspension

It is possible to resume enforcement proceedings after suspension when the grounds for suspension have passed. That is, the debtor:

• returned from a business trip;
• demobilized;
• underwent a course of treatment.

Consultation on document preparation

Example. My father was drafted into the army for military service on 10/01/2019. He provided certificates from the military registration and enlistment office and filed an application to suspend payments. The man returned from the army in the fall of 2020, but did not start paying child support. Then the ex-wife filed an application to resume enforcement proceedings.

The man must pay alimony from the moment the enforcement proceedings are resumed.

How to resume previously suspended enforcement proceedings

As noted earlier, suspended enforcement proceedings can be resumed if there are appropriate grounds.

The period during which the claimant can apply to the FSSP to resume collections is 3 years after the suspension of enforcement proceedings on alimony.

If the collection was suspended on the basis of a court decision, then enforcement proceedings are resumed when the circumstances that previously served to terminate the collection are eliminated, namely:

• the defendant has a permanent income that can be recovered;
• relatives whose ability to work was previously recognized as restored are again considered incapacitated (new injury, relapse of illness, etc.);
• cancellation of the adoption certificate;
• divorce of a disabled spouse, the payment of alimony to whom was suspended due to his entry into a new marriage.

Lawyer's answers to private questions

Is it possible to resume enforcement proceedings for alimony after 3 years from the date of its completion?

If alimony is collected for a minor child and he is under 18 years old, then it is possible. If payments are collected from other relatives, then no.

Is it possible to resume enforcement proceedings through State Services?

In 2021 there is no such opportunity. To renew, you must provide the original writ of execution.

Is it possible to apply for the resumption of enforcement proceedings for alimony online?

No. Only in person, by mail or through a representative.

Is it possible to file a complaint about the illegal termination of enforcement proceedings through State Services?

Can. To do this, you need to have a personal account on the State Services portal. You can file a complaint using this link.

Collected child support. A year later, the ex-husband asked to take the writ of execution from the bailiffs. For 5 years he paid alimony voluntarily, then he got married and stopped paying. Is it possible to resume enforcement proceedings?

If the child is under 18 years old, then it is possible.

When can the payment of support for a child or ex-wife/husband not be cancelled?

Even if another relative takes custody of the child or parent, monetary payments will still be made, it’s just that another person will actually manage them (of course, in the interests of the incapacitated person). This financial assistance is provided for life, unless circumstances arise that exclude the need for financial support.

The example of remarriage by a former spouse who is incapacitated has already been mentioned above. In this situation, it is not the cancellation/suspension of payments that occurs, but the termination of legal relations, which implies the elimination of financial dependence.