Where to carry the court order to recover child support? A significant proportion of fathers obliged to help their ex-wives in caring for children ignore them. How a woman should behave, which organization to apply to if the threats of going to court no longer exist.
Court order
An order is a court decision made in a simplified form, without calling the parties. The basis is the statement of the mother of the child. The application drawn up according to the template is accompanied by documents confirming the fact of paternity and payment of state duty.
It does not matter for the court whether the parties have previously filed for a divorce or formally remain husband and wife. It is important to indicate the reluctance of a man to provide financial assistance.
Getting an order is the first half of the case, the second - where to carry the court order to recover child support?
Review Results
Before figuring out where to carry a court order to recover child support, the following points should be considered:
- The judge either agrees with the applicant's arguments or not. If the interests of other persons are affected, for example, the debtor has children, and there is no accurate information on income (for example, they are not official), the judge refuses to issue an order.
- Refusal gives the right to apply to the court with a full-fledged lawsuit. A significant part of the applications is satisfied. The order is issued for one or more children, depending on the requirements.
- Another outcome is the return of documents if they were not executed according to the law and the judge did not examine them on the merits. For example, there is no necessary amount of information about the debtor and the applicant, copies of the relevant papers are not attached, the state duty is not paid.
Judicial Requirements
In order to begin to collect child support, a court order must comply with a number of provisions of the current legislation and include the following points:
- name and address of the court that issued the order (number and F.I.O. of the justice of the peace);
- case number;
- information about the collector and debtor (full F. I. O., place of residence);
- information about the children in whose favor the recovery is made (F. I. O. and date of birth);
- the operative part of the judicial act (amounts and terms during which the recovery takes place);
- date of adoption of the judicial act and its entry into force;
- deadline for filing an application for cancellation or cassation appeal;
- date of issue, judge's signature and seal.
Judges have their own templates to simplify the work, and a sample court order for the recovery of alimony is no exception.
If a court decision is received
Alimony is recoverable, including by court decisions. The court makes them on the condition that the world court has previously refused to issue the order, or the application had requirements that are incompatible with the order proceedings or with the competence of the world court. For example, a lawsuit was filed for recognition of paternity, and one of the requirements of the lawsuit is the payment of alimony. Another option is to file alimony claims in a lawsuit to end a marriage.
The plaintiff, after receiving a decision by force, should contact the court registry with a statement on the issuance of a writ of execution. The process will accelerate if you ask the court to take measures to immediately recover child support.
The difference between the order and the sheet
As stated above, the sheet is issued based on the decision. The order does not oblige to receive a sheet and in itself is a reason for opening production. Executive documents on the collection of alimony are of equal importance.
Alimony Agreement
Parents of the child have the right to contact a notary to draw up an agreement on the payment of alimony. Its items determine the form, scope and frequency of assistance provided. The parties are free to choose the conditions if the latter do not violate the norms of the law. For example, the amount of child support cannot be determined below the level prescribed by law.
It is forbidden to refuse child support and other actions that infringe on the rights of the child. If they are admitted, the prosecutor and guardianship authorities have the right through the court to declare it fully or partially invalid.
Evasion or refusal to fulfill the terms of the agreement gives the recipient the right to appeal to the bailiffs. The participation of the court in this case is not required.
Options available
Where to carry the court order to recover child support? Nobody needs to carry anything if you ask the court to send the document to the FSSP. Having thus saved himself from the need to spend time writing a statement on the opening of production to bailiffs. The order is sent to the service in electronic form, certified by an enhanced digital signature of the judge.
The applicant, who has not filed a corresponding request with the court, will be forced to turn to the bailiffs. The only plus - no need to ask the court to issue a writ of execution.
Submission of documents to the FSSP
A child support order is handed over to the bailiffs with a statement. It contains the following information:
- the applicant (full F. I. O., place of residence);
- about the debtor (in full F. I. O., place of residence);
- operative part of the order;
- details of the card account to which money is to be transferred (today bailiffs transfer money exclusively to bank accounts);
- date and signature of the applicant.
The original of the court order is attached to the application, since no one will be guided by the copy. Documents are transferred to the office, and then the head of the department entrusts them to one of the subordinates.
If the department is far away
What to do if the execution is entrusted to employees from a neighboring city or region, and the trip may turn out to be overwhelming due to lack of money and other reasons? The district bailiff department in the applicant’s place of residence is not always involved in enforcement.
How to proceed? The right is given to send an application for the opening of proceedings with a copy of the order attached. It is safer to send documents in a letter with an inventory and delivery confirmation. If for some reason they do not accept it, it will return to the sender.
Collection deadlines
The eligible parent is not required to submit documents to the bailiff immediately. Often, service visits are delayed. The debtor can provide assistance, and pressure from the side, according to the mother, will only create difficulties.
If he stops paying, then the appeal to the bailiff remains. The peculiarity of the execution of decisions on alimony is that it is allowed to recover them for 3 years prior to writing an application for the opening of proceedings.
The bailiff action algorithm
The execution of the court order to recover child support has some features:
- Having started production, the bailiff sends requests to the tax service, banks, and the registry to find out about the property status of the debtor.
- A request is sent to the traffic police to find out if the debtor owns a car.
- In the absence of regular income, the bailiff seizes the property, accounts of the debtor, so that he is not able to dispose of either his own money or property (the right of alienation is limited).
- The easiest way to work with a debtor with official income is salary or pension. A copy of the recovery order is sent to the place of work or to the pension fund. Deductions are made from the next month after receipt of securities.
Since 2015, the law gives the bailiff the right to suspend the right to drive. The corresponding decree is sent to the traffic police, provided that the debt on alimony has reached 10 thousand rubles.True, the law excludes the extension of this rule to individuals:
- for whom driving is a source of income;
- a car is vital because the debtor is a disabled person.
What powers does the bailiff still have
The contractor has the right to visit the premises in which the debtor resides. If it is not in his ownership, the bailiff applies to the court for permission to enter. He has the right to describe the property found and send it to the auction.
Among the serious measures are the announcement of the wanted list and the sending of materials to the investigator.
Initially, the perpetrator is held administratively liable. If during the year it again makes a malicious evasion of paying alimony, the question arises of initiating a criminal case.
How child support is paid for 2 children
The procedure is no different. The difference begins when one of them turns 18, and the size of the payments changes. Since the decision was made by the court, a lawsuit is filed to change the size of the debtor.
A parent who wants to receive child support payments for 2 children must immediately indicate this in the application for issuing the order, in the lawsuit. The payment agreement is executed for two children, if both of them are indicated in it.
The law does not oblige to file documents for the payment of alimony for children separately.
Finally
Alimony is paid by court order or court order. If a decision is made, a writ of execution is required. Violations committed in issuing a court order to recover alimony give the bailiff the right to return the papers to the applicant.
When collecting debts on alimony, additional measures are applied with respect to the payer: restriction of the right to drive a car, travel abroad. A malicious evader is initially brought to administrative responsibility. The person who repeated the violation risks being in prison for a whole year during the year. Those sentenced under this article are denied parole.