Can I apply for child support retroactively? And how are child support payments generally assigned in Russia? How much can I get financial support from family members? Having found answers to all these questions, each person will be able to prepare for maintenance disputes. They are found in Russia more and more. And not everyone knows how to get out of the situation.
Payout Definition
Can I apply for child support retroactively? And if so, how to do it?
Alimony is considered money. They are allocated by one person for maintenance or financial assistance to other people. Usually the corresponding payments take place only in the family.
In other words, alimony is a regular cash payment to relatives recognized as needy and incapable of work. More often than not, such obligations apply to spouses, children and parents.
Who claims
Can I apply for child support retroactively or not? First, a little theory on the payout being studied.
Alimony may be claimed by:
- pregnant spouse;
- a woman on maternity leave with a common child;
- needy spouse;
- disabled parents in need;
- minor children;
- adult children in need.
The main problem is that there is no definition of "need" in Russian law. Therefore, it is sometimes difficult to prove the fact of the need for support from relatives.
Production methods
Is retroactive collection in the Russian Federation possible or not? First you have to figure out how you can get the studied payments. This is an important issue that will help clarify the situation.
It is allowed to receive alimony:
- by oral agreement between the parties;
- through a peace agreement;
- judicially;
- by forcibly recovering funds from the alimony.
There are no longer any options for the development of events and cannot be. Each technique has its advantages and disadvantages. But is it possible to file for alimony backdating?
Only words
To answer this question, consider each method of receiving alimony payments. Let's start with the least secure unsafe method. This is an oral agreement between the recipient of financial assistance and the payer.
This is retrospective receipt of funds, but such a decision cannot be called a foreclosure. The parties simply agree on financial support. Words have no legal force in the situation under study. Even if the agreement was implemented through correspondence in the messenger.
After the recipient of the alimony and their payer discuss the features of the payments, it remains only to rely on the conscience of the alimony. He will either pay retroactively or refuse to pay. And to recover a debt under such circumstances does not work.
Agreement on paper
Can I file for alimony backdating? Sometimes this term is interpreted as debt collection. As we have already found out, verbal agreements do not allow to realize an idea.
But the parties can conclude a peacekeeping agreement with a notary. The document spells out the features of transfers to the recipient. The contract is legally binding.
If the terms of the agreement are violated, you will have to go to court for the official appointment of alimony. It will be possible to recover the debt, but it will have to be proved.
Litigation and financial disputes
Is it possible to file an alimony after a divorce retroactively or not? To begin with, citizens are advised to apply to the court (world or district) for the official appropriation of appropriate payments.
During the procedure, the judge examines the information on the income of the parties, and then makes a decision on the appointment of alimony payments. They are either appropriated or not. In addition, the judiciary called the amount and frequency of payments.
In hindsight, there is no need to file for child support in this situation. It is enough to go to court, while there is a right to financial support from relatives. For example, in the case of children, this is the age of 18 years. Until this time, the parent with whom the minor is constantly living has the right to demand financial support from the second legal representative.
Court Appointment
You can apply for alimony backdating, but you will have to try hard for this. If you do not follow the rules established in Russia, then you will not succeed in coping with the task.
If the primary purpose of alimony is through the court, appropriate payments will be recovered from the moment the lawsuit is filed. All potential debt to demand from the alimony will not work. After all, for filing a claim retroactively, it is important that the citizen-payer already has debt on alimony.
Debt collection
Can I apply for child support retroactively? Yes, just have to try pretty hard. First you need to officially require child support payments, and then wait a bit. Until the debt is secured by the alimony.
It is proposed to apply for alimony backdating when the recipient of the money tried to reason with the payer and tried to peacefully resolve issues related to the debt. The main thing is to remember that in the case under study there is a limitation period.
It is only 3 years old. It is during this period that it is allowed to collect debt from the deadbeat. Next, we will consider a detailed algorithm of actions for implementing the task.
Procedure
If you want to file an alimony backdating, it is often due to the fact that you need to collect debt from a citizen. It is on this scenario that we will stop.
How to file a lawsuit in the established form? It is important to adhere to the following algorithm of actions:
- Go to court for the official appointment of alimony payments.
- Wait until debt is paid to the alimony. The larger it is, the more serious will be the consequences of enforcement.
- Gather evidence of the absence of remittances in the alimony account.
- Prepare other documents necessary for filing a statement of claim.
- Go to court and file a lawsuit in the established form.
- To participate in the court hearing.
- Get a writ of execution on hand.
- Address the outcome of the judicial debate to the bailiff service.
That's all. At this stage, all actions on the part of the potential recipient of funds end. The bailiffs will begin the search for the alimony. After this there will be a forced collection of debt from a citizen.
What is fraught with debt for child support?
Can I file for alimony backdating? Yes, if a potential recipient of funds once tried to achieve an official peaceful resolution of the situation. That is, in the presence of a court decision on the assignment of alimony compensation, as well as on the condition that the payer already has arrears.
Many are interested in how dangerous delay in child support is. Is there anything to be afraid of? And if so, what threatens the alimony?
If there is a peace agreement, the recipient of the money can go to court for the official appointment of alimony payments. With an oral agreement there will be similar consequences. Moreover, in the second case, it will not be possible to recover the debt, and in the first case with experienced lawyers, additional compensations can sometimes be obtained.
Officially filed a child support lawsuit? Then debt can turn into serious problems. For example:
- a ban on traveling outside of Russia;
- deprivation of a driver’s license;
- forced withdrawal of money from bank accounts;
- blocking bank accounts until debt repayment;
- additional payments in the form of forfeit;
- seizure of property.
Most often, with a large debt, which has no good reason, property is seized from citizens. After that, it is put up for sale. The proceeds are sent to the plaintiff to repay the debt. If there are any funds left, then they will be sent to the alimony.
The most serious consequence of failure to pay child support is the deprivation of parental rights. If a parent evades responsibility for the maintenance of minor children, then the second legal representative of the babies can go to court for the deprivation of the first parental authority. This is an extremely serious move.
Deprivation and alimony
Is it possible to recover child support retroactively after the debtor has been deprived of parental rights?
Yes. The thing is that the mentioned operation does not relieve the biological parent of responsibility for the maintenance of minors. Moreover, children in the future will be able to receive an inheritance from a legal representative deprived of parental authority. In the reverse order, this rule does not apply. A parent who has been suspended from raising a child by decision of the court and guardianship authorities is not considered the legal heir of his descendant.
About collection documentation
It is not so difficult to receive alimony for a child retroactively if it is correct and advance to prepare for the procedure. The operation is accompanied by serious paperwork.
When filing a claim, the plaintiff must have the following papers:
- identification;
- birth certificates of all children in common with the alimony;
- court order with child support;
- bank statements indicating debts;
- certificates of income of the defendant (preferably);
- marriage / divorce certificate;
- data on the property that the alimony has;
- certificate of family composition.
In reality, everything is not as difficult as it seems. It is also advisable to contact the bailiff before visiting the court. This authority will issue a child support certificate. Satisfaction of the claim in this case will be faster and without unnecessary problems.
Informal receptions
Is it possible to recover alimony backdating in some other way? There is one trick that in real life is sometimes found among the population. But it can not be called official and legal.
The point is that collection companies are involved in collecting debts from the population. The recipient of cash assistance may apply to the collectors with the documents listed above. For a fee, the organization will try by all means to knock out debt from the alimony.
This technique has certain risks. What kind? Collection companies often violate applicable laws - they damage property, threaten, use physical violence and intimidate. They do literally everything to get out the debt. Particularly cunning debtors may complain both to collectors and their employers. Therefore, it is better not to resort to this option.
Finally
We found out how real the alimony filing is in hindsight. Debt can be recovered legally.
If citizens did not initially carry out the official procedure for assigning financial support, they will have to abandon debt collection. Indeed, according to the law it will not be. The debt appears after applying to the court with a claim for the appropriation of alimony.
You can act with the help of informal tricks, but this is not entirely correct. Moreover, there is a risk of a counterclaim. For example, to recover funds for property damaged by collectors.Therefore, it is recommended that as much as possible resolve maintenance issues peacefully.