Foster parents, the administration of the institution in which they are brought up, the guardianship and guardianship authorities have the right to demand payment.

When there is a need to collect for the past period, there are 2 options: 1. When the court has not previously applied for the award of alimony.
As a general rule alimony are awarded from the moment they go to court. However, they can be recovered for the previous period within a three-year period from the date of the appeal to the court, if the court establishes that before the appeal to the court, measures were taken to receive funds for maintenance, but alimony were not received by the person evading their payment. This is established by part 2 of article 107 of the RF IC.

2. When there is: (a) a notarized agreement from the payment of alimony between the parent obligated to pay alimony, and by the person entitled to receive for the benefit of the child; (b) a writ of execution issued on the basis of a court ordering an order to pay alimony, but the debtor evades paying alimony.
In this case, part 2 of Article 113 of the RF IC established the rule that if alimony was not made through the fault of the person obliged to pay alimony, then the collection of alimony is carried out for the entire period, regardless of the three-year period established by part 2 of Article 107 of the RF IC.

Sources:

• how to get alimony for a year

Advice 2: How to collect alimony from your ex-husband in 2019

The law in the Russian Federation imposes on both spouses equal responsibilities for the maintenance of children. If one of the spouses lives separately from the child after the divorce, he must pay the salary - alimony... They are defined as the percentage of earnings paid to the ex-spouse on a monthly basis. The new version of the Family Code, which was adopted in 1996, provides for two options for the payment of child support / child support.

You will need

• - birth certificate of the child;
• - a certificate from the place of residence with information that the minor child lives at the expense of the mother or father.

Instructions

Russian legislation provides for two options for collecting alimony from husband... For a support agreement, try agreeing with your ex-spouse to voluntarily pay child / child support. Such an agreement can be concluded both after a divorce from a spouse, and in legal marriage.

Reassure the agreement with y, because otherwise it will not be legally binding. Indicate in the document the amount of alimony, terms, procedure and method of paying maintenance for the child. Discuss the amount of pay with your ex-spouse. The amount of alimony must not exceed ¼ of the salary husband for one child, 1/3 - for, ½ - for three or more minor children.

If it was not possible to agree voluntarily with your ex-spouse, resolve the issue through the court. Write a statement of claim, in which indicate the court to which you are filing the claim, last name, first name, patronymic and place of residence of the plaintiff (your data) and the defendant (data of the former husband). In the application, indicate the reasons for collecting the alimony. Usually they describe the situation that there is a common minor child (his name and year of birth), but the plaintiff does not support the child.

Attach to the application two copies of the statement of claim, a certificate of residence, a certificate from the place of residence indicating that the child is dependent on the mother.

After considering the case for the recovery of alimony from the ex-spouse, the writ of execution goes to court: you take the document by court decision to the bailiff service in the area where the plaintiff lives.

The bailiff initiates proceedings and issues an order on the recovery of alimony. This document is sent to the payer and payee. The bailiff will collect money from the defendant through data from the Pension Fund, the tax service and insurance companies.

Related Videos

note

Alimony payments stop after the child reaches the age of majority, after his adoption and in the event of the death of the payer.

Tip 3: How to get child support from a husband who is in hiding in 2017

You can get alimony from a husband who is hiding by going to court with subsequent control over the execution of the court decision, assistance to bailiffs. In addition, you should use alternative sources of influence on the defaulter of alimony.

Instructions

Go to court with a claim for the recovery of alimony in the amount determined by family law. After the court's decision is made, you should wait for it to come into legal force (one month from the date of the full text of the judicial act in the absence of an appeal).

Alimony payments are designed so that the child, after the parents divorced, receive material means for their maintenance. The procedure and terms of payments are regulated by the relevant court decision or agreement between the parents. As a rule, these issues between divorces are resolved immediately after the termination of the marriage relationship is formalized.

However, sometimes the issue of alimony payment is not raised until a certain time. In such a situation, a legitimate question may arise, for what period the current legislation allows the recovery of alimony.

The answer is simple, if the claim for alimony payments was not filed in a timely manner, then according to the law, you can count on the accrual of payments for the last three years.

A fundamentally different situation looks when an application for alimony was submitted earlier, but the compensation payments themselves were not carried out. In this case, an alimony arrears arises, and it has no statute of limitations.

Ways to pay alimony

You can get alimony for the past time in two ways:

• by mutual agreement of the parents;
• by court order.

The agreement between the parents on the payment of alimony for the past time confirms the fact of a responsible attitude towards the child and therefore is the most optimal option. The agreement can stipulate the payment for any elapsed period. In addition, by mutual agreement, you can choose the method of paying alimony that suits both parents.

A properly executed agreement is an official document and has full legal force. There is no requirement for obligatory notarization of the agreement on the payment of alimony for the previous period. However, if desired, the former spouses have the right to do this.

Unfortunately, a civilized approach to resolving issues of the maintenance and upbringing of children after the parents' divorce is not common. Much more often the issue of the payment of alimony has to be decided in court.

Despite the period that has passed since the right to alimony payments appeared, it is not worth claiming to receive alimony for more than the last three years. In accordance with the requirements of the legislation, the court will decide to pay maintenance for children for the last three years.

Conditions under which it is possible to collect alimony for the past time

If alimony for the past period will be paid on the basis of a mutual agreement, then, of course, there are no conditions. Certain requirements can be specified in the contract, but most often they will relate to a specific situation.

If the issue of collecting child support payments is decided in court, then there are a number of requirements, failure to comply with which may give rise to a negative decision.

Firstly, after the divorce was filed, there was never any appeal to the court regarding the recovery of alimony. If the ex-spouse does not pay alimony according to an already made decision, then a claim should be filed to collect the existing debt.

Second, there has never been an agreement on voluntary child benefits.

Third, during the time after the emergence of the right to payments, the parent who will receive them tried to negotiate with the second parent. The fact of these attempts must be confirmed by documentary evidence or testimony.

Fourthly, the failure to show the right to alimony payments is not connected with the unwillingness of the plaintiff, but depends on the behavior of the second parent, who was hiding, evaded payments, and so on.

If these conditions are met, you can apply to the court to collect child support payments from the second parent. Most often, the courts side with the parent with whom the child remained after the divorce and force the second parent to pay material resources for his maintenance. The period for which you can force your ex-spouse to pay child support is 3 years.

When does the right to collect alimony for the past time end?

There are situations when the parent, with whom the child lives, ceases to have the right to demand alimony payments. The termination of such a right occurs on grounds depending on the method of payment. To pay alimony by mutual consent of the child's parents:

• upon the death of either the person obliged to pay alimony, or the person receiving it;
• upon termination of the alimony agreement or any of its provisions.

For the payment of alimony ordered in court, the right to claim alimony is terminated:

• if the child has reached the age of majority;
• if the child is adopted by another person;
• if, before reaching the age of majority, either the child or the parent who is obliged to pay alimony dies.

Alimony payments are subject to regular indexation. Its calculation is the responsibility of the organization that collects them. If, according to a court decision, maintenance payments are made in the amount of a multiple of the minimum wage, then, of course, there is no need to carry out a separate indexation procedure.

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Sometimes the collection of material support from an unscrupulous alimony payer lasts more than one year. Despite this, the money during this time is not "lost": in some situations, the law provides for a regressive procedure for withholding alimony.

Alimony is a material obligation of one of the parents, which he makes for the benefit and in the interests of minor children. Despite the fact that the issue of their size and methods of transfer is much more profitable to solve by means of oral or written agreement, sometimes a life situation requires the intervention of representatives of the law.

The procedure for withholding alimony in court assumes that monetary payments are assigned from the moment the interested party applies to the state authority. But the legislation provides for certain situations when it is possible to oblige to pay alimony for the past time, although for this the applicant is required to provide a lot of evidence of the alimony payer's dishonesty.

The answer to the question whether it is possible to collect alimony for previous years is in Part 2 of Article 107 of the Family Code of the Russian Federation. All conditions defined for this are also located there. The main one is the evasion of the alimony payer from his duties, despite all possible efforts of the alimony recipient to come to a mutually beneficial agreement.

Money for the past time can be collected by a court decision only if the following conditions are met.

1. There is evidence of the fact that the plaintiff made every effort to find a compromise with the payer all the previous time about voluntary assistance to the child, which the unscrupulous parent avoided, not participating in any way in the upbringing and maintenance of his son or daughter.
2. Paternity must be documented or confirmed in court. At the same time, money cannot be collected for the period preceding the official entry into paternity.
3. Previously, there were no appeals to the court regarding the withholding of these alimony funds. Otherwise, we are talking about the existing debt.
4. Lack of a notarized agreement between the parents. The existence of agreements testifies to the achievement of mutual understanding between the former spouses on the issue of the upbringing and material support of a son or daughter and is a direct contradiction to the fact that the second parent is evading his parental responsibilities.

Alimony cannot be recovered:

How long can the alimony be collected?

When faced with the question of how long it is possible to collect alimony, those interested in this will find out that, according to the standard scheme, material assistance is withheld from the date of filing a claim for their recovery. But, if the authorized person is able to prove that at the pre-trial stage of the process the potential payer deliberately avoided fulfilling his obligations to the child, then alimony for the past period can be collected for the time of evading them, but no more than 3 previous years. The period established by the court may be less in the following cases.

• The paternity of the biological parent was confirmed less than 3 years ago.
• If a parent took part in the life of his child without a written agreement and began to shy away from it some time ago. At the same time, the second party tried to negotiate on a voluntary basis during the entire period of non-payment.

Difference between debt and collection

The concepts of "alimony for the past period" and "debt" have significant differences.

Alimony debt arises when, by voluntarily signing an appropriate agreement or in court, the father was already obliged to pay material support for young children in a specific amount. Then, if the defendant evades his obligations, the court will satisfy the desire of the person concerned and force him to pay financial assistance for the entire period of debt.

Alimony for the past period cannot be collected if the payer has already committed to financial assistance in one of two ways. The grounds for their receipt can only be the absence of any agreement between the parties and the vain, but confirmed attempts of the plaintiff to agree with the defendant. In this case, the period for which it is allowed to withhold funds is limited to the last three years.

Collection for the past period, if an agreement is reached

The current agreement between the parents can include almost any terms that apply to both parties. Including, by a notarized agreement, you can oblige the second parent to pay funds for the past time, if such an item is indicated in the document.

It is impossible to oblige to pay assistance to the child retroactively in court if there was an agreement between the parties: this indicates an agreement between them, which does not correspond to the conditions of their collection.

If the collection of alimony for the past period is not stipulated on paper, and the second parent evades alimony obligations after the signing of the agreement, then the procedure will already refer to debt collection.

Legal realities of going to court

To get help, you need to understand how to collect support for the past period. To do this, you need to go to court. A parent or a person authorized to represent the rights of a son or daughter, a set of documents is submitted to the court department, as well as an application indicating the circumstances and all the requirements: the amount of necessary material assistance, the time frame, the method of retention. It also discloses all known information about the defendant (passport data, residential address, income from which it is planned to withhold).

The application must indicate that in the past tense, attempts were made repeatedly to come to an agreement on the issue of alimony payments with a potential payer, and the other party completely evaded its obligations and did not take any part in the child's life. In the application, it is allowed to list the witnesses of the described circumstances, as well as ask for the reclamation of documents that in some way confirm the circumstances described by the plaintiff.

The legality of the deduction of alimony for the past period will be confirmed by any evidence of the plaintiff: letters (regular and electronic), SMS messages, correspondence from social networks, testimony of witnesses.

Within a month after the filing of a ready-made application and a package of documents, the judicial institution will consider the case. After that, within ten days, the defendant or interested person can appeal the official decision.

What documents are needed?

According to the general procedure for filing documents for withholding uncollected funds in court, the plaintiff provides the following documents.

1. Requirements statement.
2. Plaintiff's passport.
3. Marriage or divorce certificate.
4. Child's birth certificate.
5. Claimant's income statement.
6. Certificate from the place of residence, which will confirm the fact of the child's residence with the plaintiff.
7. Others, at the request of the court.

Evidence of the plaintiff's words about the evasion of the second party from its obligations along with the package of documents is not submitted. However, the defendant must be ready to provide them during the trial process.

If the paternity of the potential payer is not formalized, then an application for its compulsory establishment should be initially submitted. But then the question of collecting money for the past years can not go. The entire package of documents is submitted to the judicial institution at the address of the defendant's residence.

How to calculate the amount for the past period of time?

There are two options for the judicial calculation of the amount of funds for the past period of time:

• equity;
• lump sum.

The first method is considered a priority: if there is a "white" salary, the respondent is assigned a share of income for the agreed period. It is not the debtor's current wages that are taken into account, but past incomes. That is, if the parent worked in a less paid job, the share is withheld from that amount. If the former spouse did not work, the required percentage of deductions is withheld based on the average salary at the moment. The share is determined depending on the number of children of the alimony payer.

A monthly fixed amount of alimony deductions is calculated in cases where the share of income is difficult to determine, or it will not meet the needs of the child. The established amount will have to be paid to those who hide part of the income received or have unstable, seasonal earnings, which will also have to be proved. The fixed amount of payments can be based on the amount of the living wage at the place of residence of the recipient, the equivalent of one minimum wage. The fixed amount is subject to annual indexation determined by the government.

Payment terms

Upon satisfaction of the claim of the alimony recipient for the maintenance of the child for the previous years, the judge appoints the deadline for the fulfillment of the obligation. Naturally, the debtor is sometimes unable to pay all the accumulated debt at once. Most often, this debt is withheld on the basis of an application by the alimony payer himself or by force by a court decision. They are charged on a portion of any eligible income where they are received.

This fact does not negate the fact that the alimony payer needs to continue to provide ongoing financial support to his minor children. If necessary, the court may decide on a certain installment plan.

Unfortunately, many parents do not fulfill their duty to provide material support for their children, and hiding from child support has become commonplace. Fathers are ready to go to various tricks to avoid responsibility: they hide their place of work, hide themselves, agree with their superiors on the payment of black wages, etc. But modern legislation allows collecting money from alimony payers over the past period. Today we will tell you about the rules and possibilities of receiving the money owed to the child.

Legislation on the recovery of maintenance funds over the past years

Features of calculating the amount of payments for the past time

The calculation of the amount of due payments for the lost time, during which the alimony was not paid, directly depends on the mother's desire to claim interest from the father for the missed period. The total amount owed should be calculated by multiplying the amount due per month by the number of months in the past.

For example, a father, under a voluntary agreement, had to pay 20 thousand rubles a month for the maintenance of two children. For two years, he avoided paying alimony for no reason, then the total amount of debt will be calculated as follows:

20,000 × 24 = 480,000 rubles.

According to the current standards of enforcement proceedings against parents who evade the payment of alimony, penalties can be applied, implying an increase in the amount of debt by 50%. That is, if we develop the previous example, then 50% of the payment amount will be required from the father for each month of concealment:

20,000 × 50% = 10,000 rubles.

When calculating the total debt for the entire period, the figure will be used not in 20 thousand, but in 30 thousand rubles. And the total debt will be:

30,000 × 24 = 720,000 rubles.

Interest on the accumulated debt can be taken from the defendant only if he did not pay alimony, although an agreement on payments was signed between him and the plaintiff or the court prepared a writ of execution. If the mother goes to court to establish the fact of kinship and to pay alimony, penalties cannot be imposed on the defendant.

A father who deliberately does not pay alimony to his blood child, in addition to increasing the amount of debt due to penalties, may be subject to other penalties, namely:

• arrest of any kind of the debtor's property;
• deprivation of a driver's license, if the amount of debt reaches 10 thousand rubles or more;
• restrictions on traveling abroad;
• wanted list;
• initiation of a criminal case under Art. 157 of the Criminal Code.

At the same time, the application of any punitive measures against the evader does not relieve him of the need to pay the mother's funds for the maintenance of the child for the lost time, together with the interest due by law. Monetary funds can be collected by the court from the defendant by way of compulsory deductions from the monthly salary. Contributions will be made within a certain percentage of income.

Even if the father is convicted and sent to prison, where he will be employed, part of the money earned will be transferred to the child. If the defendant does not work in prisons and does not pay the baby, the amount of debt may accumulate and will need to be paid along with penalties after release.

Judicial practice in the field of debt collection

The Supreme Court annually sums up the results of judicial practice in various areas of activity, including alimony proceedings. The most common mistake plaintiffs make when preparing statements is filing claims with justices of the peace who cannot consider such statements. Taking into account the specifics of alimony cases and their high complexity, they can only be considered in district courts.

Sometimes the plaintiffs make mistakes when determining the period for which finances for the maintenance of the children should be recovered from the defendant, in the case of proving paternity in court. Alimony cannot be charged for the time during which paternity was not established and legally fixed.

In general, the collection of alimony for the time during which the father evaded payments is a complex matter. If you want to be guaranteed to get a positive decision from the judge, which was filed at the place of residence of the defendant, you should first consult with professionals or hire a lawyer.

It is extremely important to timely prepare and submit all possible evidence confirming the facts of your appeal to the defendant for money, his refusals or simple ignorance of your legal requirements. It is these documents that confirm the evasion of alimony and give the judge the right to apply penalties against the defendant.

If you properly prepare for the court hearing, enlist the support of people who can confirm your evidence and the father's refusal to pay child support, you can get the court decision you need.

Unfortunately, it is common for parents to hide from paying alimony to provide for their children. What unconscious fathers do not do to avoid parental financial responsibility: they hide their place of work, receive a salary in envelopes, and hide themselves. To suppress such facts, the law provides for the recovery of alimony for the past period of time. Let us examine in detail all the conditions and the very procedure for such collection.

Is it possible to collect alimony for previous years?

Part 2 of clause 2 is devoted to the issue of collecting alimony for a child over the past period, or more precisely, part 2 of paragraph 2. If the father refuses to voluntarily support his child financially, then the mother has the right to resolve the issue through the court. Payments will be credited to the child from the moment the decision of the judicial authority enters into force. However, the law contains exceptions. They are contained in part 1 of Article 108 of the Law. So, if at the time of the proceedings in court, the mother does not have the financial means for the existence of the baby, then she has the right to apply for the establishment of payments until the issue is resolved. As a rule, in such cases, the judges willingly meet the plaintiffs halfway and make an appropriate order on the appointment of payments before making a decision.

The timing

A parent who is involved in the upbringing and material support of a child can initiate the process of collecting alimony at any time, until he turns eighteen years old. For example, before the child turned ten years old, the mother living with him did not have financial difficulties in providing for the baby, and only then she was forced to demand alimony from the father.

If the question is related to the evasion of the second parent from the fulfillment of obligations, then alimony can be collected even after the child reaches the age of majority for the lost time. For example, until his daughter was eighteen years old, her father deliberately hid from fulfilling obligations. According to the provisions of the Code, the mother has the right to file a claim for the recovery of alimony for the past period in this case until the daughter is 21 years old, three years after the missed opportunity.

For what period can alimony be collected?

The Family Code sets the deadline for applications for the collection of payments for children - three years. We dare to assume that this period is borrowed from the provisions of civil legislation, namely from the content of Article 196 of the Civil Code. It establishes the limitation period for all civil cases. Since the solution to the issue of collecting alimony for the past period refers to such cases, a similar limitation period has been established. Within three years from the moment of the forfeited right, the parent can defend the interests of the child in court.

Conditions for collecting alimony for the past period

Proceedings for the recovery of alimony over the past period of time is specific, in contrast to the classic examples of alimony cases. Processes are always associated with the consideration of the facts of evasion of the other party from parental responsibility. The initiating party, however, must submit to the judge's attention the documents proving ineffectual attempts to obtain material support for the child. In other words, the mother of the minor sends letters to the father demanding the payment of funds for the maintenance of the child, calls him, sends messages to the postal address. All attempts are ultimately futile.

The prerequisites under which the court can positively resolve the issue of collecting funds for the maintenance of the baby over the past years are as follows:

P / p No.	Conditions
1.	Blood ties between the child to whom the payments are being collected and the defendant's father or mother. In the absence of such a connection, the plaintiff is of prime importance to file a separate claim with the judicial authority to establish the fact of paternity.
2.	The period of previous years for which it is supposed to collect alimony must be in the period from birth to the age of 18 of the child, since after this period it is impossible to claim payments. The only exceptions are cases of disability and incapacity for work of adult children.
3.	The facts of seeking help from the defendant father must be documented in court.
4.	The parent to whom the claim is being made evades the payment of funds.

The conditions given in the table are basic in relation to such cases. One should not forget also about other prevailing circumstances under which it is possible to demand alimony in court:

• refusal of a parent to voluntarily provide for his child;
• the neediness of the baby;
• the difficult financial situation of a parent who lives with the child and is fully engaged in his upbringing.

These conditions are taken into account by judges when considering absolutely all alimony cases.

The procedure for collecting alimony arrears for the past period

It is possible to demand payment of funds for the maintenance of the child for the past years both orally and in the form of decisive actions: drawing up a notarial agreement about this or filing a claim in court. You can demand payments not only for the maintenance of minor children, but also:

• for adult children over 18 years of age who have disabilities or are otherwise unable to work;
• on children born out of wedlock, provided that they are legal by virtue of a birth document or a court decision;
• for parents who, due to old age or disability, are deprived of the opportunity to earn money for their food;
• on spouses acting or former in cases prescribed by law;
• for a current or ex-wife raising a joint baby up to three years old.

All these cases are regulated in detail in the articles of the Code.

Registration of a mutual agreement

If the defendant, finally, has ceased to evade obligations and agrees to pay the debt, then the parties can draw up a notarial agreement about this. In the document, the father, who was previously hiding from responsibility, takes on in writing the obligation to pay everything owed to the child for the past years, plus the accrued interest for delays. The amount of the debt of the parties is determined by mutual agreement. After certification by a notary, the document acquires legal force. If the responding party ignores the requirements specified in it, it is possible to defend the interests of the child through the courts.

Features of the trial

Submission of a claim to the court for the recovery of alimony for the past period of time has some peculiarities. The Plenary Session of the Supreme Court explains that such cases are considered exclusively by way of action. Judges are not allowed to issue an order to recover the maintenance debt for the past time. Based on this, the parent-plaintiff does not file an application with the requirement to issue an order, but a claim.

Primary attention in the process of forensic research is given to the evidence base in the case. The plaintiff mother must document the following important facts before the court:

• the fact that she repeatedly made attempts in relation to the father to demand financial support for the child;
• the fact that these attempts were ignored;
• the fact that the father consciously, i.e. without good reason, avoided parental responsibility.

The law stipulates that if the defendant father did not pay alimony due to illness or other weighty reasons, then he may be released by the judge from paying the debt or some part of it.

Evidence base

How can a mother prove her petitions for material assistance? This can be done in two ways:

1. Having collected all the supporting documents. These include: notifications about sending letters to the father's home address, printouts of phone calls and SMS correspondence, printouts of letters sent to an e-mail box, dialogues from social networks.
2. By bringing witnesses into the courtroom. Neighbors, friends and colleagues can confirm the fact that the mother sent letters and other messages to the father demanding financial assistance to the child, but there was no response.

You can confirm important facts in all non-prohibited ways, it all depends on the ingenuity and dexterity of obtaining evidence.

Procedure for filing a claim

A statement of claim for the recovery of alimony for the past period is filed with the district court at the place of residence of the father who avoids material obligations. Justices of the peace are no longer competent in such matters. Together with the claim, the following documents are submitted:

• the applicant's mother's passport;
• a marriage or divorce document (the process can be initiated equally both while in a marriage relationship and after its dissolution);
• birth document of a child (children);
• an agreement on the payment of alimony (if it was drawn up);
• certificate confirming the size of the mother's income;
• certificate confirming the size of the father's earnings (if any);
• certificate from the applicant's place of residence;
• documents confirming the fact of contacting the father with a claim for the payment of alimony;
• documents confirming the fact of the father's evasion of responsibility.

Due to the specifics of the case, the list of papers has been expanded in comparison with ordinary cases. The state duty is not paid.

The term for the consideration of the case by the judge is one month from the date of the appeal.

Statement of claim

It is important to reflect all the circumstances in the claim. Mandatory elements of the application will be:

• the name of the court area where the claim is sent;
• information about the applicant: passport data, registration;
• information about the defendant;
• the material value of the stated requirements;
• descriptive part: from what moment the defendant refused to pay alimony, what attempts were made by the plaintiff to receive them, what is the general period of non-payment of funds;
• the petitionary part: the requirement to collect alimony for a specific period of time, taking into account penalties for delays;
• a list of papers attached to the claim;
• number and signature.

The claim is drawn up in three copies, if other persons are not involved in the process ().

How to calculate alimony for the past period

The calculation of alimony payments for the past period directly depends on whether they are recovered as a percentage of the defendant's parent's earnings or in the form of a fixed amount of money. If the father does not have official employment or he receives irregular earnings, then alimony is assigned in monetary terms. In all other cases, interest will be awarded according to the general rules.

Lump sum payout

If the alimony is set in monetary terms, then the total debt is calculated by multiplying the monthly amount of the alimony awarded by the number of months in the previous period. For example, a parent had to pay 20,000 rubles a month for child support within the framework of a formalized agreement. He did not make payments for one year. Accordingly, 20,000 × 12 = 240,000 rubles is the total amount payable by the defendant.

Payment when assigning alimony as a percentage

According to the principles of enforcement proceedings, the amounts are doubled by 50% in respect of evading debtors. Let's take as an example the same monthly amount - 20,000 rubles, only as a percentage. 20,000 × 50% = 10,000, 20,000 + 10,000 = 30,000 rubles - the amount paid for one month. For the year of the admitted delay, the total amount to be paid will be equal to 360,000 rubles. 120,000 rubles - the price of penalties applied to the defendant.

It should be noted that penalties can only be charged when the defendant had a documented obligation to pay alimony. For example, in the case of recognition of paternity in court, before the fact of kinship is established, claims for payments cannot be brought against the father, which means that penalties and penalties cannot be applied. This state of affairs is quite logical, a person should not perform duties of a financial nature, since he is not a father legally.

Responsibility for evasion of payment of alimony for previous periods

For a citizen's evasion of the obligation to pay alimony, including over the past years, the following negative legal consequences occur:

• compensation in the form of a forfeit - ½% for each overdue day (paragraph 2 of Article 115 of the Law);
• seizure of any type of property of the debtor parent;
• deprivation of a driver's license with the amount of the resulting alimony debt over 10,000 rubles;
• restrictions on leaving the state;
• placing a citizen on the wanted list;
• initiation of a criminal case under article 157 of the Criminal Code of the Russian Federation.

Even after being imprisoned, a citizen is not exempt from paying a debt. If the convicted person is employed, then monthly deductions are made to the child from the earnings received, albeit minimal. If a citizen refuses to work in places of imprisonment, then the amount of debt is accumulated. After release, the defendant will have to pay all debt, taking into account forfeits.

Arbitrage practice

The Plenum of the Supreme Court annually sums up the results of judicial work in various areas of activity. The explanations also apply to alimony proceedings. Cases have been recorded when plaintiffs mistakenly sent applications for the recovery of payments for previous years to justices of the peace. Consideration of such cases, taking into account the specifics and complexity, should be carried out strictly in the courts of general jurisdiction.

Errors were made in determining the period of collection of funds for the maintenance of the child, when paternity was proven in court. Alimony cannot be calculated for those years when the fact of paternity was not legally established.

Let's summarize. Collecting alimony for a child over the past period is a rather complicated procedure. The process is distinguished by the following comparative features:

• it is possible to collect a debt even after the child turns 18, but it is later than three years after the day of the forfeiture of the right;
• it is possible to demand the payment of alimony for children born out of wedlock only after the acknowledgment of paternity in court;
• it is allowed to collect alimony for the past period both in marriage and after a divorce;
• the legal process is initiated only by way of a claim proceeding;
• of paramount importance in the consideration of the case in court are evidence of the fact that the plaintiff made attempts to demand payments, and the fact that the defendant evaded responsibility.

Despite all the complexity and specificity of participation in such processes, the judicial practice of collecting alimony over the past period shows that with a high interest and preparedness of the plaintiff, the issue is resolved in a positive way.

Lawyer of the collegium of legal protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the collection of penalties, etc. More than 5 years of legal practice.