Debt for child support after the child reaches adulthood. Debt for alimony after the child reaches the age of majority Collect debt for alimony after 18 years


The general rule is that after reaching adulthood, “children’s benefits” are no longer paid on a general basis (the exception is the incapacity of the needy offspring). But alimony debt after 18 years can and should be claimed. This refers to funds not paid for the period when the child was entitled to them under the terms of an agreement or court order.

Note! The payer is not obliged to support an able-bodied child after the age of 18, even if the latter is studying at a hospital.

In practice, arrears incurred for alimony after 18 years are usually never repaid, since, according to Art. No. 120 SK and Art. No. 43 from Ch. 5 Federal Law No. 229-FZ, upon reaching the age of majority, enforcement proceedings are terminated, even if there are still debts on it.

The bailiff service often refers to these provisions, refusing to recover from the debtor under IL. The algorithm of actions in such a situation, which official sources to refer to and how to justify your demands will be discussed below.


The collection of alimony arrears from the 18th birthday is discussed in information letter N 12/01-2961-AP dated March 13, 2009. It is explicitly stated that enforcement proceedings cannot be terminated if the payer still has debts regarding alimony. If the bailiffs do not want to act in accordance with this document, then experts advise choosing one of the options for further action:

  • “fight” with the SSP to the bitter end, proving the illegality of termination of legal proceedings in the presence of alimony debt;
  • just take a certificate about the amount of the debt and again file a claim for its collection along with the penalty.

In judicial practice, there have been cases when an adult himself sought to obtain alimony debts from a parent.

Conditions for claiming unpaid alimony

Collection of arrears of alimony after 18 years of age is permissible if it arose after the fact of a court decision or the conclusion of an alimony agreement. It will be necessary to prove that the payer deliberately entered into debt, knowing about his obligations, but evading them. Meanwhile, the second parent also did not remain idle, but tried in every possible way to collect the debt (it is advisable to submit letters of demand and other evidence to the court). The statute of limitations is not significant in such circumstances (see Article No. 113 of the Criminal Code). That is, after coming of age, a year, 5 – 10 years or more may pass (for example, in 2017 in Omsk, a 25-year-old plaintiff demanded a child support debt from her father).

Is it possible to win a claim without having a writ of execution?

Debt collection and receiving alimony money for the past period are diametrically different concepts.
If the applicant wants to withhold funds, but did not go to court and did not draw up a notarial agreement before the child’s 18th birthday, then it is unlikely that he will be able to receive the money. There is no official basis for holding the debt, as well as actually the debt itself. In any case, you can get the money for a maximum of 3 previous years and if there are good reasons. That is, when the offspring turns 21, it is no longer possible to claim “children’s” for the past period. The limitation period comes into force.

How is the trial going?

Theoretically, the plaintiff in such cases can be either the adult himself or the parent who supported him exclusively at his own expense without the help of a spouse. In practice, magistrates' courts (and this is the authority that should be contacted) require that the statement of claim be written on behalf of a child who has reached the age of 18.

When filing a claim, please include:

  • name of the court;
  • Full name, residential addresses of the applicant and respondent;
  • information about marriage/divorce;
  • information about common children and what payment was assigned to each of them;
  • amount of debt;
  • list of attachments (documentary and other evidence to the case).

Calculate the penalty yourself and do not forget to include a request to the court to recover the lost funds.
in 3 copies along with attachments.

During the trial, the financial situation of the parties, their family status, the reasons for the accumulation of debt (deliberate evasion or the influence of factors beyond the control of the defaulter), arguments and evidence received from the plaintiff and the recoveree will be studied and compared.
The court's decision depends on all of the above circumstances.

Options for trial outcomes

After the meeting, the judge will make a ruling in favor of one of the parties. Moreover, even if the plaintiff’s request to request alimony from the debtor is granted, the payment of the penalty may be canceled if the payer could not transfer the required amounts on time due to external circumstances, for example:

  • salary delays,
  • errors in transfers made by responsible organizations.

The document that will allow the debt to be withheld is a writ of execution (IL) with the amounts indicated therein and the procedure for receiving alimony. Usually it is handed over to the bailiffs, who take measures for forced collection. Among them:

  • arrest of accounts,
  • sale of property, real estate of the debtor at auction with the subsequent transfer of proceeds to the plaintiff,
  • other civil, administrative and even criminal measures involving tax and other services.

If the person obligated for alimony voluntarily agrees to fulfill the conditions specified in the IL, there is no need to resort to the services of bailiffs.

Debt cancellation

The alimony debt is not subject to cancellation. With the death of the payer, it passes to the heirs along with the inheritance.
But the immediate recipient (an adult offspring) can himself submit an official refusal with a request to terminate the proceedings in the case.

Official documentation on the topic

  1. Family Code, especially articles 120, 113, 107.
  2. The above-mentioned Federal Law, Art. No. 43.
  3. Information letter N 12/01-2961-AP dated March 13, 2009
  4. Clause 25 of the Resolution of the Plenum of the Russian Supreme Court No. 9 of October 25, 1996 (the legal basis for the cancellation of the penalty is set out here).

According to Art. 120 of the RF IC, alimony is collected until the child reaches adulthood. The exception is when an adult son or daughter has a disability. Not all payers conscientiously fulfill their child support obligations. For this reason, it becomes necessary to settle alimony debt after 18 years. Questions arise about who is entitled to receive this amount and for what period it is collected.

Let's look at the rules by which calculations are made.

Conditions for debt collection after 18 years

To receive the required funds, you must have one of the following grounds:

  • a court order on the basis of which alimony is collected;
  • a settlement agreement between the parents, approved by the court and establishing the procedure for paying maintenance to the children;
  • performance list;
  • a notarial agreement concluded by the parents (this document may continue to be valid after the age of 18, for example, due to education).

All of the above documents must be completed before the child reaches adulthood.

There is another opportunity to collect alimony debt after 18 years. We are talking about filing a claim with demands to pay the amount accumulated over previous years, if the maintenance was not transferred by the defendant, and the other parent did not insist on it.

Types of alimony debt

The arrears of child support after the child reaches adulthood include a number of amounts.

  1. Principal amount. It occurs both when obligations are completely ignored, and in situations where maintenance is only partially paid.
  2. Penalty accrued on the principal debt. This amount is calculated according to a notarial agreement or under Art. 115 RF IC. With the latter option, the penalty must be calculated at the rate of 0.5% of the principal amount of the debt for each day of delay.
  3. Losses due to non-payment of maintenance. We are talking about all losses not covered by the penalty. Claiming this amount is the most difficult, since you will have to present strong evidence confirming the relationship between the existence of the debt and the occurrence of damage. The cost of the damages must also be confirmed.

Limitation periods for collecting accumulated amounts

The law sets a limit on the period for which the accumulated amount can be collected. The statute of limitations for child support after adulthood is 3 years. The longer the actions necessary to receive the funds due are postponed, the less money the claimant can count on.

As a general rule, the ability to claim this money will be lost when the son or daughter turns 21 years old.

The provided procedure establishes an exception if the following conditions are met:

  • the debt arose under a notarial agreement or a court document that provides for the payment of alimony;
  • the money was not transferred due to the fault of the debtor.

In such a situation, demands for recovery may cover not only the previous 3 years, but also an earlier time, including the entire period of evasion.

Who has the right to receive the debt?

If the collector of alimony for a minor child is one of his parents, then after his 18th birthday he carries out all the necessary activities himself. Exceptions are cases where a son or daughter is declared legally incompetent. In this situation, all actions are carried out by the designated guardian, who can be the mother or father.

Child support after adulthood can only be requested by the child himself or his appointed representative, to whom a notarized power of attorney has been issued. It can be registered in the name of the father or mother.

If a parent applies for debt collection, they will be refused and the demands will not be satisfied.

Collection of alimony through bailiffs

After the child reaches the age of majority, alimony is collected with the help of bailiffs only when there is an executive document in hand (a notarial or settlement agreement, as well as a court order or decision). If the parent’s obligation to support the child has not been documented, then it makes no sense to contact the bailiffs.

Often the claimant is refused even if there is a writ of execution. The bailiffs justify this by terminating the validity of the court decision or agreement on the payment of alimony.

This position is unlawful: in the letter of the FSSP of Russia No. 12/01-2961-AP dated March 13, 2009, there is an indication of the need to collect the debt before it is fully repaid. This allows the collector to fight the inaction of the bailiffs in 2 ways.

  1. Appeal it through higher divisions of the FSSP.
  2. Go to court to force these officials to fulfill their duties.

The disadvantage of both options is the long implementation period.

There is an alternative option. To do this, you will have to get a calculation of the debt from the bailiff (if alimony was a share of earnings) and file a lawsuit against the defaulter.

Collection of alimony through the court

This procedure must be resorted to when:

  • the content was not established by agreement or through court;
  • bailiffs do not collect alimony arrears;
  • For many years, the debtor avoided participating in the maintenance of the child and did not pay the established alimony.

To initiate proceedings, you must file a statement of claim. The text of the document must include:

  • information about the magistrate's court where the claim is being sent;
  • information about the plaintiff and defendant (full name, place of residence and telephone numbers);
  • in the descriptive part it is necessary to state the essence of the dispute;
  • then the requirements are listed and signed
  • at the end of the document all attachments to the claim are listed.

Statements and written evidence are prepared in 2 copies and sent to the magistrate’s court located at the defendant’s place of residence.

To increase the chances of collecting penalties, debt for the entire period and damages incurred, it is recommended to engage a lawyer specializing in disputes in the field of family law. The amount that can be recovered will depend on the quality of his work.

Based on the results of the proceedings, the court makes a decision to satisfy the claims in whole or in part or to refuse. If a debt is collected from a parent and a writ of execution is issued, then it is necessary to transfer the document to the bailiff, who will take all measures to pay the amount specified in it.

Is it possible not to pay child support?

If bailiffs are involved in collection, then release from debt can occur as a result of a good relationship between the child and the parent. The first one can apply for the termination of enforcement proceedings and alimony will not be withheld.

In other situations, the debtor will have to go to court. This can be done in one of the following ways:

  • by filing an application in accordance with Art. 114 RF IC;
  • by presenting counterclaims as part of the consideration of the claim of an adult child.

With any of the above options, you will have to provide evidence of the existence of grounds for canceling the debt. These are:

  • serious illness or disability of the debtor and his relatives;
  • the appearance of new dependents in his family;
  • loss of job or other sources of income;
  • other reasons that the court will accept.

If the arguments are found to be justified, the debt may be reduced or cancelled.

A case from judicial practice

Despite the limitation of the period for collection of 3 years, judicial practice includes cases where this rule was not applied.

An example is the decision of the magistrate of precinct No. 97 in Omsk. In 2017, he recovered more than 1.5 million rubles in a claim by a 25-year-old daughter against her father. During the proceedings, it was established that the defendant maliciously avoided paying the plaintiff’s maintenance for several years. For this reason, the limitation period requirement was not applied. A significant part of the judgment was a penalty for late payments.

New in the law on alimony

The likelihood of achieving debt repayment in 2017 has become significantly higher. We are talking about suspension of a driver's license. This opportunity is provided to bailiffs Art. 67.1 of the Law “On Enforcement Proceedings”.

The application of such a measure is possible in relation to alimony, regardless of the age of the recipient:

  • on the basis of a bailiff’s decision, when maintenance funds are collected by a judicial act;
  • on the basis of a court ruling adopted at the initiative of the executor or claimant.

Suspension of the right to drive a car will cause significant inconvenience to the debtor and will force him to quickly pay the required amount.

Collection of alimony debt in favor of a capable adult child is possible. This can be done by contacting bailiffs or filing a lawsuit. In order for the amount received to be greater, the son or daughter must prove a number of circumstances.

According to the Family Code of the Russian Federation, every child must receive financial assistance from his parents until he turns 18 years old. Parents who are divorced must also support their children until they turn 18. At the same time, the parent who lives separately from the child is obliged to pay child support. But how to collect arrears of child support after 18 years of age if a parent refuses to provide financial assistance to their child?

Young people need to get an education, eat well, have a mobile connection, and buy new clothes in order to feel comfortable among their peers. All this is associated with considerable material costs, which may be unaffordable for a mother or father supporting a child on their own.

If a parent for some reason has not paid child support, the son or daughter can file a lawsuit to collect the resulting debt. But what to do if the child is already 18 years old, and the parent is left with a huge amount of debt? Is it canceled after reaching the age of majority?

In this case, collection of arrears of alimony for children after 18 years of age can be carried out only for the previous three years. Alimony not paid for previous years is not collected, since the statute of limitations comes into force.

Alimony debt can be obtained on the basis of the following documents:

  • A court decision that has entered into force.
  • The presence of a voluntary agreement between mother and father.

To collect debt, you must have a basis in hand. If there is no writ of execution or an agreement drawn up by the parents, then there is no reason to collect the debt.

The basis for refusal to pay arrears of alimony may be the fact that a minor son or daughter is recognized as fully capable. This can happen if there is a fact that the child is engaged in labor or entrepreneurial activity. However, this type of activity must necessarily bring the minor citizen a high and stable income, allowing him to do without financial support from adult parents.

How to collect alimony debt?

If the alimony payer refuses to voluntarily pay the debt, it can be collected by force. This can be done in two ways:

  1. Contact bailiffs for help.
  2. Apply to the court.

After contacting the bailiffs and calculating the debt, the alimony payer is notified of the existing debt and the date by which he must transfer the money to the claimant’s account. After the expiration of the established period, the bailiffs can seize the debtor’s accounts and property in order to make the due payments.

When collecting alimony as a percentage of the income of the alimony payer, the debt is calculated based on the size of the salary. If there is a fixed amount of alimony payments, then the debt is calculated based on the subsistence level established in the area where the child lives.

If the alimony payer evades payment of the debt in any way due to the inaction of the bailiffs, the claimant can file an application with the court. It should be borne in mind that only an adult daughter or son has the right to collect alimony after 18 years of age. The exception to this rule is adults who suffer from intellectual disabilities. In this case, the trustee or guardian will act as the claimant.

During the court hearing, the judge may make a decision on the alimony payer to perform actions that allow him to pay alimony. For example, transferring a car or other valuable property into the ownership of the claimant.

According to the decision made, a writ of execution is drawn up and handed over to the bailiffs. After this, bailiffs carry out further implementation of the court's instructions.

The presence of a significant amount of debt is evidence of the failure of the alimony payer to fulfill the obligation assigned to him. In the future, if the debtor does not comply with the court decision and maliciously evades fulfillment of the alimony obligation, he may be held criminally liable.

The Family Code of the Russian Federation stipulates that alimony payments are made only to children under 18 years of age. An exception to this rule are children with disabilities of groups 1, 2 and 3.

But what about adults who are still dependent on one parent in connection with studying at a university, college or other educational institution? Is it possible to collect alimony after 18 years in this case?

In fact, the child has the legal right to apply to the court for an extension of child support. However, such a claim can only be filed if the child:

  • Currently in full-time training.
  • Does not take academic leaves.
  • Does not study simultaneously in several institutions at once.
  • Files the claim in person.

If the above conditions are met, the court may take the student’s side, although there is no corresponding legislative act supporting students.

Thus, a child who did not receive support from a negligent parent in childhood, upon reaching adulthood, can compensate for both moral and material damage at his expense. After all, if you wish, you can not only collect the debt, but also graduate from not one, but two or three educational institutions in turn, while receiving alimony.

Parents are obliged not only to raise their offspring, but also to provide for them financially. It doesn’t matter whether they live with their family or not. If the spouses decide to divorce, then the responsibilities of the parent do not end with leaving the family. They are carried out through alimony, which is paid until the children reach adulthood. However, if the parent did not transfer the money in a timely manner, and the child support debt has accumulated after the age of 18, then it can be collected through the courts.

Situations with debts of alimony payers

There are several documents that serve as grounds for the return of alimony. These include:

  • RF IC;
  • FSSP Letter No. 12/01-2961-AP dated 2009

Despite this, judicial practice sometimes recognizes arrears of alimony after 18 years as irrevocable. In this case, reference is made to Art. 43 But the creditor has the right to expect repayment of the debt. You just need to know all your rights in order to be able to use them to the fullest.

Rules of law that need to be studied

  1. The termination of alimony payments is stated in Article 120 of the RF IC.
  2. The termination of the case by the court is stated in Art. 43 of Law No. 229-FZ.
  3. Article 69 of the RF IC establishes the grounds on which a parent’s rights can be deprived (in which the child’s right to housing of a negligent parent is preserved).

When do they stop paying child support?

Obligations to support children are terminated not at anyone’s request, but automatically. This happens in the following cases.

  1. If an agreement has been concluded and the validity period specified in it has expired, or the events provided for by the agreement as termination of its validity have occurred.
  2. If a child has become an adult or a minor upon the occurrence of certain grounds, it is considered fully capable.
  3. If the child is adopted or adopted. In this case, the parent raising the child marries another person who takes custody of the child. Once the documents are completed, payments stop.

However, when they stop paying alimony, the question of whether the alimony debt remains after 18 years is not even raised.

What should I do to repay my debt?

Debts arise due to the fact that the parent who left the family did not pay child support for a certain time. According to the law, the claimant has the right to demand alimony debt after 18 years, the same as before reaching adulthood. A parent who refused to pay the debt accumulated earlier for the maintenance of his child even after he reaches eighteen years of age bears the same responsibility as when paying for a minor. Responsibility arises under civil, administrative, and in some cases under criminal law.

You can receive alimony debt after 18 years by going to court or directly to the bailiffs. One way or another, in order to receive alimony, the applicant must have a writ of execution that dates back to before the child came of age. This may be a voluntary agreement concluded between former spouses and certified by a notary, an order issued by a court, or a writ of execution. If the claimant does not have any of these documents, then the legal representative of the child raising him (usually the mother) did not go to court and, therefore, did not need alimony. Thus, it is considered that there is no debt in this case.

Collection through bailiffs

If there is a writ of execution in the form of a court order, agreement or writ of execution that was received before the child reached the age of majority, the claimant can turn to the bailiffs in order to receive the alimony debt after 18 years. To do this you need to write an application. Based on this, the bailiffs will take the following actions.

  1. They will initiate a case to recover the debt.
  2. They will calculate the amount of alimony, as well as the penalty to be paid to the recipient.
  3. The debt collection process will begin.

At the first stage, the defendant is sent a letter containing information about the commencement of enforcement proceedings, as well as the amount required to repay the debt. In this case, it is proposed to repay the debt voluntarily. This will avoid bringing the debtor to administrative or criminal liability. During the same period, bailiffs collect information on the debtor: his place of work, income, bank accounts, property owned by right of ownership.

The bailiff has the right to take coercive measures if the payer does not repay the alimony debt after 18 years. How to collect money from him will not be a problem. Currently, the FSSP has broad powers. In particular, the bailiff conducting enforcement proceedings has the right to withhold the necessary amounts from the debtor’s income, seize bank accounts in order to repay the debt, and even seize property with its subsequent confiscation and sale. The process will last until the entire amount, including penalties and forfeits, is paid to the claimant. The amount of the penalty is standard. It is 0.5% for each overdue day.

Collection through court

If the father, who left the family, refuses to pay the debt, and the bailiffs cannot collect the required amount, the recipient has the right to go to court with a claim. The court needs to consider the following points:

  • with the amount of debt;
  • measures to collect debt after the child reaches eighteen years of age;
  • transfer of funds to the claimant.

Collection of alimony debt after 18 years of age may be accompanied by various measures, including seizure of property and bank accounts. If the applicant immediately went to court, and not to the bailiffs, then upon receiving the writ of execution, he should send the document to the bailiffs who will deal with this case.

Features of obtaining debt

There is no statute of limitations for the execution of a court decision. Even if the claimant demands the repayment of the debt under a writ of execution adopted 10 years ago, the necessary actions must be taken to repay the alimony debt. If by this time the child has already become an adult, then the claimant is he, and not his legal representative (as a rule, in the person of the mother). To obtain money, the debtor's property, including real estate, can be sold.

If there is a large debt, as well as certain actions on the part of the debtor, he may be subject to criminal liability, including imprisonment for up to one year. Moreover, this punishment does not at all relieve him of the obligation to pay the alimony debt in full.

However, the collector, as well as the debtor, should be aware that if there is a debt that has accumulated over a very long time, it will not be possible to receive the entire amount. In this case, there is a time limit: three years. This means that it makes no sense to go to court when the child turns twenty-one, since the payment period for this arrears of child support after 18 years has expired.

Possibility of not paying debt

Collectors can go to court, regardless of their age, in order to collect alimony debt. If they do this on time and the court satisfies their decision, the writ of execution will be valid for any period. Thus, it will not lose legal force even after 5 and 10 years. Therefore, if it is available, a child who has reached the age of 18 has the right to count on payments, taking into account all penalties and other payments, according to the writ of execution. The debtor has a choice: continue to hide from fulfilling his obligations and bear legal responsibility for this, or pay voluntarily arrears of alimony after 18 years. How can I not pay him? The only option is for the claimant to die. The death of the debtor will not resolve the issue, since in this case his debt will pass to his heirs. To accept the inheritance, you will have to pay every penny.

Debt forgiveness by the collector

It is not necessary to act forcibly. There are situations in which the debt remains, and the alimony payer has no way to repay it. In this case, an adult child has the right to forgive his parent the entire amount or a certain part of it, reducing the total debt. But even for this it will be necessary to file a claim in court, within the walls of which the claimant will have to renounce claims against the debtor. To do this, you need to write a statement of refusal. The consent of the parent who raised the child is not required, since an adult has the right to act on his own behalf. An exception to this rule is the presence of a disability that limits the legal capacity of an adult. However, in this case, there remains not only the alimony debt accumulated before reaching eighteen years of age, but sometimes also the obligation to continue to pay alimony.

Concealment of debt by the payer

The debtor may be thinking about how not to pay the alimony debt after 18 years, not wanting to repay it. For example, he tries to hide his income in order not to pay alimony and avoid responsibility. As practice shows, this is far from the best way out of the situation, especially now, when many processes are automated. You will have to not only give up official income. At the same time, it will be impossible to keep funds on a bank card, count on traveling abroad on vacation, or drive your own car.

Debt write-off through court

But he can also submit an application to the court, in which he sets out a request for release from the debt. In order to count on a positive decision from the court, he will need to attach documentary evidence that he is not able to pay alimony at the moment. If the court finds the evidence convincing, it may write off the debt. The following may serve as valid reasons: difficult financial situation in the family, presence of illness, change in family composition.

Conclusion

It is impossible by law to raise the level of consciousness of a parent who does not want to fulfill his responsibilities. But coercive measures can be applied to him, as well as legal liability.

You should contact the bailiffs or the court to receive the full amount of alimony debt after 18 years. How to collect, the statute of limitations and other issues may become meaningless if the claimant decides that he can do without the help of a parent or simply wishes. Then he has the right to forgive the debt.

Collecting child support from an obligated parent is only half the battle; the main task is the actual receipt of monthly payments by the claimant. Unfortunately, every third recipient of alimony faces education alimony debt, which arises because alimony payers either partially fulfill their obligations or do not pay child support established by the court at all.

According to the norms of the Family Code (FC) of the Russian Federation, alimony must be paid by the respondent parent until the child in respect of whom it is assigned reaches the age of majority. However, such a rule does not apply to the payment of alimony debt incurred before the child’s 18th birthday - its has no statute of limitations and must be carried out at any time, including after the child turns 18 years old.

Moreover, in the event of the death of an alimony debtor, for whom an alimony debt arose during his lifetime and was not paid by him, the collector may initiate legal action recovery of alimony debt from the heirs of the deceased within the value of the inherited property equal to the debt (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 1, 2016 No. 45-KG16-1).

Is it possible to collect arrears of child support after reaching adulthood?

The bailiff is obliged to terminate enforcement proceedings to collect monthly funds for the maintenance of a person who has reached the age of majority. However, termination of alimony proceedings on this basis can be carried out by a bailiff only in the event full fulfillment of alimony obligations defendant in relation to the child.

If before the children reach the age of majority, a certain amount of debt has arisen regarding payments, the claimant has the right to challenge and petition for its continuation until the debt is repaid.

However, in everyday life, there are often cases when bailiffs strive to get rid of problematic enforcement proceedings as soon as possible and terminate them when the actual recipients reach their 18th birthday, referring to the “letter of the law.”

In the end about termination of alimony enforcement proceedings a special document is drawn up - the same name resolution an employee of the bailiff service, which must be endorsed by him, and the alimony file itself is sent to the archives.

How to collect alimony debt after 18 years?

What should a claimant do in the above situation?

Example. Svetlana N. received by mail from the bailiff a copy of the resolution to terminate enforcement proceedings in connection with her daughter reaching the age of 18 (based on clause 2 of Article 120 of the RF IC). However, her ex-husband owed alimony in the amount of 76,000 rubles. for 1.5 years of non-payment. Svetlana appealed to the senior bailiff with an application to appeal the decision with a demand to resume the proceedings in connection with the existence of a debt and the use of measures of influence on the debtor to repay it.

Appealing a decision to terminate enforcement proceedings

In court, you can only terminate enforcement proceedings in an alimony case if there is a debt and ask resume again - such a court decision will become a guide for the bailiff to continue the application aimed at repaying the debt.

Thus, as such statement of claim for collection of arrears of alimony after 18 years of age cannot exist procedurally.

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Senior bailiff
Bezhitsa district branch of the Federal Bailiff Service
in Bryansk Prikhodko N.V.
Bryansk, st. Ulyanova, 130

collector Konovalova I.B.
Bryansk, st. Molodezhnaya, 14, apt. 3, tel. xx-xx-xx

Complaint against the actions of the bailiff of the Bezhitsky district branch of the Federal Bailiff Service for the city of Bryansk, T.A. Frolov.

Based on the court order dated May 20, 2005 with gr. Konovalova I.A. alimony was collected for the maintenance of our common minor son, Andrei Igorevich Konovalov, born on July 15, 2000 (alimony was assigned in shares of the payer’s income). I initiated enforcement proceedings, alimony payments were received until February 2018. Later it became known that Konovalov A.I. was fired from his job at his own request and did not find a job again, arrears began to accumulate in alimony payments.

On July 22, 2018, having contacted the bailiff, I learned that enforcement proceedings for the collection of alimony were terminated by the official T.A. Frolova. on the basis of clause 2 of Art. 120 of the Family Code of the Russian Federation - in connection with my son reaching adulthood on July 15, 2018. I categorically disagree with this resolution, since the proceedings for the payment of alimony were not fulfilled by the defendant in full; there is an alimony debt in the amount of over 45,000 rubles for payments to the son.

Based on clause 2 of Art. 113 Family Code, Art. 121 of Federal Law No. 229-FZ “On Enforcement Proceedings”

ASK:

  • declare illegal the decision to terminate the enforcement proceedings of the bailiff T.A. Frolova. from 07/15/2018;
  • resume enforcement proceedings in the case until Konovalov I.A. alimony debt.

I am attaching to the complaint a resolution on debt calculation dated June 1, 2018.

07/31/2018 _____________/signature/

What measures can bailiffs apply to a debtor?

If there is an alimony debt, the full range of measures of legislation on enforcement proceedings may be applied to the defaulter of funds for the maintenance of a child (including after he reaches the age of majority), namely:

  • the debtor and his property;
  • foreclosure on a person’s funds held in banks and other credit institutions (Article 70 of Federal Law No. 229);
  • imposing restrictions and prohibitions, such as:
    • restriction of the use of a special right, or (Article 67.1 of Federal Law No. 229);
  • attraction to within the framework of Art. 5.35.1 Code of Administrative Offenses of the Russian Federation, which includes the use of:
    • in the amount of 20,00 rubles;
    • compulsory work for up to 150 hours;
    • administrative arrest for a period of 10 to 15 days.

Despite the fact that the child for whose maintenance alimony was assigned has already reached the age of 18, enforcement measures will be valid for the debtor if there is an outstanding debt, since the latter was formed precisely during the period of alimony obligations (i.e. before the child reaches adulthood).

Peculiarities of judicial practice in collecting alimony debt after 18 years of age

Collection of alimony debt after a child turns 18 has its own characteristics:

  1. As noted above, there cannot be a claim in itself for the collection of alimony debt, since such a claim (or court order) already exists - they were once awarded alimony from the defendant and filed by bailiffs.
  2. If the bailiff service ceases its work in the case of collecting a debt from a defaulter and the reason for this is the child’s coming of age, the collector has the right to appeal this decision - this will, in fact, be an administrative claim for the bailiffs to continue working to collect the debt.

The “stumbling block” of judicial practice was the question of whether who should act as a plaintiff and collect alimony debt after the 18th birthday: the original payer of child support (i.e. the parent raising the child) or the adult child himself?

Clarity has been brought to this issue By ruling of the Supreme Court of the Russian Federation No. 58-KG17-19 of March 2, 2018, in which the right to alimony debt of citizen E. (mother of children who have already reached the age of majority) was explained. Citizen E. tried to resume enforcement proceedings after the children reached the age of 18, since she independently supported the children without the participation of her ex-husband, although the collection of alimony took place, but the irresponsible parent evaded as best he could and did not pay the due funds at all. However, the bailiff and all the courts to which citizen E. filed an appeal (up to the Supreme Court of the Russian Federation) argued that the children themselves should now collect the alimony debt, since we are talking about funds for their maintenance.

The Supreme Court of the Russian Federation, on the contrary, having studied the circumstances of the case, made a different decision: alimony, in the opinion of the Supreme Court, in this case is compensation payments for a parent who supported the children in all previous years solely at his own expense, without receiving alimony from the obligated parent, as a result of which the case was returned to the court of first instance for a new trial in a different court composition.

Based on such an explanation of the law, we can conclude that a claim for the resumption of enforcement alimony proceedings after the child’s 18th birthday, if there is an outstanding alimony debt, should be filed by child's parent, who was previously alimony collector.

In the event that a parent is unable, for any reason, to file a claim, this can be done by his authorized representative or by the child himself, who has reached legal age.

Can I apply for child support if the child is 18 years old?

In this case, we are no longer talking about alimony debt, but about initial collection of funds for child support, or the so-called alimony for the past period.

In such a situation, family law has a clear limitation:

  1. Maintenance funds (alimony) can only be collected within three years(i.e., the final age of the child at which it is possible to count on alimony “from the past” is 21 years), according to the norm of paragraph 1 of Art. 113 RF IC.
  2. may be appointed only if the applicant proves that previously contacted for financial assistance from an irresponsible parent, but received refusals (in this case, SMS correspondence, correspondence via social networks or e-mail, recording of telephone conversations, witness testimony - all evidence recording the refusal of one of the parents to participate in the maintenance is suitable for the court ).

    3. Multifunctional legal center Moscow, st. Nametkina 15