In Russia, the situation with child support is not very good. Many citizens cannot obtain legal payments for one reason or another. Therefore, the limitation of the claim type plays an important role in the topic under study. It helps to protect civil rights and interests of the population. Today we have to find out if there is a statute of limitations for child support in Russia. What do you need to remember about maintenance obligations? Where to go to get money from the debtor? How and when can this be done?
General
In the Russian Federation, the study period was coined in order to monitor the implementation of maintenance obligations.
To date, violation of the established terms for payment of funds entails a certain liability. A citizen will have to transfer not only the amount of debt, but also a penalty. This additional payment is growing daily. It occurs from the first day of delay.
Usually all penalties are made in court. The defendant files a lawsuit, and the judicial authorities force the debtor to fulfill obligations.
Definition
To begin with, it’s worth understanding what the limitation period for alimony means. What kind of period are we talking about?
Statute of limitations - this is the period adopted by the judicial authorities to protect the rights and interests of certain claims. In our case, in case of non-payment of alimony.
Who has the right to appeal
It should be noted that in case of non-fulfillment of maintenance obligations by the citizen, the recipient can go to court to collect the debt. This opportunity is available only to certain individuals.
Who can be a plaintiff in collecting child support in court? It all depends on who the money is allocated for. For example:
- parent of a minor child;
- the spouse on whom alimony is sought;
- adoptive parents;
- guardianship authorities;
- guardians;
- parents of an adult child (if child support for elderly parents is assigned).
As already mentioned, a lot depends on the specific situation. Most often, the plaintiffs are the parents of minor children and elderly needy parents of an able-bodied child.
Collection start
Is there a statute of limitations for child support? Yes. But it depends on many factors. Therefore, it is rather difficult to talk about how long a citizen can demand payment.
It is important to understand at what point the collection of alimony begins. Regardless of the situation, the judiciary points to the award of payments from the time the lawsuit is filed. Only after the application has been submitted in compliance with all formalities, the defendant must transfer the funds to the alimony recipient.
Alimony and children
In the Russian Federation, disputes related to payments for the maintenance of minor children are most often encountered. They are required. All parents are required to finance, support and raise their minor children. This obligation shall not be terminated upon divorce.
According to the established rules, parents who are awarded child support are required to financially support their children until they reach adulthood. These transfers are required.
Sometimes you can stop paying child support earlier. We are talking about getting a minor child status of full legal capacity up to 18 years. This is possible if children are emancipated or get married.
Alimony issues
All citizens should know the statute of limitations for child support debt. This is especially true for families in which parents divorced.
The thing is that judicial practice often shows us the facts of non-payment of alimony without legal grounds. Therefore, you have to think over how long you can recover money from the debtor. What does the established legislation say about this?
Collection period
The limitation period for alimony does not have a specific time frame. The exact duration of the enforcement penalty is made by the court. He studies all the materials of a particular case.
In general, debt (including child support) can be recovered over the past 3 years. This is a fairly common occurrence. For a longer period, demanding funds under the laws of the Russian Federation will not work.
Forfeit
After a child support debt arises, you can get a forfeit in a court of law. This is a kind of payment, which serves as compensation for damage suffered by the plaintiff as a result of non-fulfillment by the defendant of his obligations.
What does the child support penalty imply? Judicial practice sets the limitation period for such cases equal to three years. This means that you can apply for the recovery of the penalty within 36 months from the date of its occurrence.
After coming of age
It is clear how much the limitation period for child support is. Citizens can collect funds for the last 3 years of non-payment. And nothing more. Only in some cases (they will be discussed later) can money be claimed for a longer period.
The limitation period for alimony after 18 years also takes place. He, as in all previous cases, is equal to three years. This means that child support payments can continue until the child reaches the age of 21.
Disabled people
The statute of limitations for child support is, as we have found, 3 years. Compulsory payments in this case end after the majority of children. Only sometimes parents are required to support their adult offspring after 18 years.
When is this possible? When it comes to a sick child. For example, about a disabled person. In this case, the citizen will have to pay child support until the child is fully recovered. This is a normal occurrence.
Demand funds in this case is allowed according to the general rules. Under such circumstances, the statute of limitations on alimony does not provide for anything special.
Repeated calls
But that is not all. Issues related to the limitation of claims for payments for the maintenance of children, spouses or parents often concern the population. This topic is mainly addressed in court when divorcing parents of minor children.
The limitation period for the recovery of alimony is sometimes not limited to anything. In some families, recipients of certain payments repeatedly try to collect money from the debtor. But to do this is not always possible.
In this situation, there is one significant plus - the legislation of the Russian Federation allows you to collect all debt from the debtor. But only if the plaintiff can prove that he repeatedly and unsuccessfully appealed to the court for help.
What happens in this case? The property of the debtor is seized and put up for sale. The income goes to pay off child support debt.
For debts
Alimony in Russia is considered a non-property part of family life. Is there a statute of limitations for child support? Not. Instead, there is a time limit of 3 years. During this period, a person can collect debts.
After the court makes a decision, the plaintiff receives a writ of execution. This document is the basis for recovering funds from one of the parents for the maintenance of the child.
Sometimes the defendant cannot make payments for objective reasons. In this case, the action of the writ of execution is suspended. How much? For 36 months. After this period, the writ of execution shall again enter into legal force.
Returns
It is clear how much is the limitation period for the debt on alimony. In Russia, there are cases in which alimony returns a part of the money paid back. Not so often, but it is possible.
When exactly? It is permitted to return money transferred in the form of alimony in the following circumstances:
- funds were spent for other purposes;
- if during the award of alimony the plaintiff provided false information about the defendant;
- the invalidity of the peace or alimony agreement concluded between the parties due to its signing under threats or blackmail;
- overpayments for alimony;
- falsification of a court decision or writ of execution.
It is important to pay attention to the fact that money paid in the form of alimony is not returned if it was transferred to a registered savings bank account.
Divorce Support
It is clear when a child support penalty arises. The statute of limitations for such appeals is also no longer a mystery. Some are interested in how long a citizen can apply for child support after a divorce.
The legislation of the Russian Federation establishes the right to file a claim for alimony within 3 years after the marriage is declared invalid. After that, a parent who has minor children can also apply with the appropriate application, but money will be recovered only for the last 36 months. And nothing more.
Depending on the circumstances
The deadlines for child support vary. The legislation of the Russian Federation forces the judicial authorities to take into account various factors when making this or that decision. What can affect the recovery of money?
For example, such factors are the following circumstances:
- the state of health of the defendant;
- financial situation of the potential "alimony";
- current marital status of both parents;
- the behavior of the husband and wife in marriage (if there is a recovery of alimony for the spouse);
- financial position of the recipient of funds.
All this helps the court make the right decision. For example, if a wife cheated on her spouse, and then decided to recover child support from him, then if there is sufficient evidence for funding, you can’t count on it. Or the poor financial situation of the defendant does not allow him to pay child support due to the fact that he himself is not enough to ensure himself a living wage.
About spouses and alimony
The limitation period for alimony also depends on who it is allocated to. When can a person demand financial support from a spouse?
The laws of the Russian Federation can pay alimony for a husband / wife in the following cases:
- during pregnancy of the spouse;
- before reaching common children of 3 years;
- when caring for a common disabled child;
- while caring for an adult disabled child of group 1;
- upon retirement;
- after a divorce in case of emergency;
- after receiving disability or disability status (including through the fault of the potential payer of alimony).
If a citizen retires, he may demand financial support from his spouse. For this, more than 5 years after the divorce should not pass. Otherwise, the spouse in need can at any time go to court for help.
Student children
What else do you need to know about the issue under study? Maintenance obligations have a huge number of features. In family law, the so-called limitation period does not take place. A citizen may appeal to the court at any time to exercise his right to financial support. But to recover funds is allowed for 3 years.
As already mentioned, child support is paid until they reach adulthood. It is important to consider that sometimes there are exceptions. For example, when it comes to students.
If a child is studying (getting higher education) and needs financial support, then he will be paid child support until he reaches 23 years of age. The exception is disabled children with disabilities. They can count on help throughout their period of disability.
Instead of a conclusion
Now it’s clear how the penalty is paid for non-payment of alimony. The limitation period as such in family processes does not take place. Instead, the law sets a time limit of 36 months. It is during this time that a person can demand the alimony laid to him.
The issues of the studied payments are dealt with by magistrates' courts. All citizens applying for material support from children, parents or spouses should apply here.
In fact, everything is much more difficult than it seems. The recovery of the penalty for alimony (the statute of limitations has been indicated earlier) is carried out only after the appearance of debt. All beneficiaries of financial support can apply for this payment.
Only the judicial authority will provide more accurate information regarding the collection, alimony and coercion of payments. Each case is individual. And when considering them, many vital factors and circumstances are taken into account.