Can I re-apply for child support? (sample application). When and is it even possible to apply for alimony a second time? When is it possible to re-apply for alimony?

No matter how strange it may seem, in practice there are cases when the recipient of alimony voluntarily refuses it for various reasons. This could be a move to another country, an increase in the recipient's income, or the mother has remarried and no longer needs child support. But this does not mean that you will not be able to apply for alimony again in the future. Most often, situations arise when the refusal occurs by court decision. This case is more complex, so claimants are interested in whether it is possible to apply for alimony again? Let's look at each situation separately and what will be required of you to re-apply for alimony.

The legislation does not restrict a plaintiff who has been refused or who has withdrawn the writ of execution from re-submitting an application to the judicial authority for the purpose of collecting alimony. You can do this as follows:

1. Go to court a second time and re-apply for alimony. This situation occurs for those who did not complete the trial the first time and a decision was never made. This is possible when the plaintiff changes his mind about forced collection, or the defendant has circumstances such that he is currently unable to pay alimony. Also, the reason for re-applying is a violation of procedural legislation or making mistakes at the stage of the initial application.
2. Contact the bailiff service. If the writ of execution was issued by a judge in accordance with a positive decision on the collection of alimony, then you are not required to go to court again, since the court decision will be valid until the child reaches adulthood. When contacting a bailiff, you only need to write a repeated application to initiate enforcement proceedings for alimony.

If you have previously received a court decision and have a writ of execution in your hands, then know that it does not have retroactive effect, so you can renew it at any time until the child turns 18 years old.

That is, the Civil Procedure Code allows not only the filing of a repeated application for alimony, but also multiple appeals. Therefore, if you are going to court for the first time to collect alimony, then immediately pay special attention to the correctness of the application and the package of required documents, so that they are relevant at the time of filing, and also contain evidence of the lack of maintenance by the father of the child. This is the only way to immediately get a positive decision.

In what cases is it possible to re-collect alimony?

We have already found out that you can apply for alimony collection more than once, but the purpose of the application is related to the reason for the initial refusal or other circumstances.

Is it possible to re-apply for alimony after refusing it?

In practice, there are also cases when a parent, of his own free will, during the judicial review process or after receiving a writ of execution, withdraws his claim. This situation is usually provoked by the applicant. Its refusal may be due to the following reasons:

• The forced collection of alimony from the father does not give the desired result, and the bailiffs cannot hold him accountable, so the applicant understands the pointlessness of going to court and wants to revoke the court decision;
• The parents decided to enter into a notarial alimony agreement among themselves;
• The income of the claimant allows him/her to support the child independently;
• The mother's relationship with the father is bad, so she does not want him to demand alimony payments from the child in old age and claim to participate in his upbringing;
• The potential alimony payer agreed with the claimant that he does not have the financial ability to help the child, but he will help in other ways.

That is, if, based on your application, you received a positive court decision and there is a writ of execution in your hands or already in the bailiff service, then you can revoke it at any time, and, if necessary, resume enforcement proceedings on alimony. But if the trial is not completed, then you are required not only to go to court a second time, but also to re-submit all the necessary documents and go through the stages of the trial until a decision is made.

Re-filing a statement of claim or resuming claim proceedings based on a writ of execution is impossible only in one case, when the refusal is drawn up in the form of a notarial document and certified by signatures.

Re-applying for alimony if new circumstances arise

But the defendant most often submits a second application under new circumstances. Since changes in his family life or health are directly related to the payment of alimony, he is therefore interested in petitioning either to reduce the amount of payments or in the order in which they are calculated. That is, even if a court decision has already been made, the defendant has the right, if the following circumstances exist, to file a new claim:

• Deterioration of health;
• Receiving disability;
• Serious documented costs associated with treatment;
• Temporary loss of ability to work, which directly affects income;
• Downsizing at work;
• The emergence of new dependents: parents, pregnant spouse or children from a new marriage;
• Reduction of additional income or its complete cessation, for example, rental payments, interest on a deposit.

Any of the above conditions must be supported by documented evidence. As for increasing child support payments, the initiative from the defendant rarely comes and a repeated claim for this purpose is usually filed by the claimant, that is, the parent with whom the child lives. However, it is also important here to prove the need to increase alimony - with certificates, hospital extracts, checks, receipts. Therefore, if you doubt whether you can file a claim again, if you are not satisfied with the amount or procedure of payments, then any lawyer will tell you that it is possible.

Sample of a repeated application for alimony

If you are going to go to court with a second claim, then familiarize yourself in advance with what the application should look like.

Required documents

When re-applying, the list of required documents does not differ much from the initial submission. To ensure that you do not encounter problems or refusal to consider your case, you need to not only draw up the application correctly, but also provide the required documents.

• Statement of claim in two copies;
• Parents' passports (if it is possible to provide the defendant's passport);
• Birth certificate of a minor child;
• Certificate of marriage or divorce, if an official marriage was concluded;
• Providing a certificate of income of the plaintiff and defendant (if possible);
• Certificate stating that the plaintiff lives together with a dependent;
• Receipt for payment of state duty.

The state fee will be charged only when the defendant files a repeated claim, for example, when alimony payments are reduced.

In addition to the above list of documents, you should understand that you may be required to provide additional papers if the judge has questions based on your application. Also, take care in advance of documents that will indicate the lack of assistance to the child from the second parent, and provide as complete information as possible in the application about the defendant - residential address, contacts, place of work. If you have any problems applying for alimony again, you can solve them through the Supreme Court website.

Submission order

As we found out, filing for alimony twice is a completely legal procedure. However, the procedure for filing an application depends on the specific case and how the previous legal proceedings ended. So, there are two options:

• Repeated appeal to court;
• Resumption of the enforcement case on the payment of alimony through the FSSP.

In the first case, you need to go to court with a repeated statement of claim and all the necessary documents, where you state your demand in order to receive alimony, change its amount or order. Usually, you file an application with the court for the second time when the last time the claim was not considered, you withdrew it of your own free will, or you were refused. The resubmission is no different from the initial submission.

If a court decision has already been made, and you received an enforcement decision in your hands, then re-filing a lawsuit with a similar request is no longer possible.

But in the second case, you need to contact the bailiff service when you already have a writ of execution, but you previously withdrew the enforcement proceedings, for example, due to the impossibility of collecting alimony from the payer or changed your mind. And now you want to bring the alimony payer to justice again. You will only need to write an application to the FSSP.

Thus, a claim can be filed in court an unlimited number of times, if you have not previously received a writ of execution for various reasons. And if a court decision has already been made, then re-submitting an application can only be associated with an increase/decrease or a change in the procedure for paying alimony. Otherwise, you no longer need to go to court; to resume the case of collecting alimony, you will only need the bailiff service.

If the plaintiff eliminates the reasons that have become an obstacle to the acceptance and consideration of the claim (for example, correctly fills out the statement of claim, attaches the necessary documents, pays the state fee), it is possible to file the claim again. In cases provided for by procedural law, the court may refuse to accept a claim without the right to resubmit. For example, if there is already a court decision on this case (between the same parties, about the same dispute).

Their main concern should be the maintenance and upbringing of their child. It is very important that even in situations where parents divorce, the child has everything he needs for a normal life. For this reason, if the child remains to live with the mother, the father must pay child support. Important points Parents are responsible for supporting their children until they reach adulthood. If a child is entitled to alimony from his father or mother, then he must receive it every month.

Repeated application for alimony if you took it the first time

mail or call, contacts are listed below. I'll be glad to help. Pilipaka Alexey Vladimirovich (08.12.2015 at 19:50:35) Why can’t it, it very well can. According to the law, payment of alimony is possible by agreement of the parties, and in case of disagreement, by a court decision. The period for collecting alimony is legally established until the children reach the age of majority (their 18th birthday), which means that during this period your spouse may well re-file a claim for the collection of alimony, or for indexation of the amount of alimony.

Can I apply for child support again?

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Can I apply for child support again?

The father, in turn, may realize that the assigned amounts that he will have to allocate from his income are too significant, and the funds remaining at his disposal do not allow him to exist normally. It is also impossible to call situations rare when alimony payers behave in bad faith and do not pay maintenance at all, despite the court decision that has entered into force, allowing malicious evasion of alimony. In both cases, the ex-wife may have a desire to re-apply for help to the court in order to collect alimony and the question of whether it is possible to apply for a second time? Situations giving the right to go to court are different and require separate consideration. Re-filing for alimony If an application to the court has already taken place earlier, it is under no circumstances possible to re-submit a similar demand in the form of a statement of claim for recovery, and the failure of the former spouse to fulfill the obligations set out in the original document cannot serve as a basis for a repeated claim. You can go to court with a claim for alimony after a decision or order for collection is made in the following cases: Reduction or increase in the amount of awarded alimony, if it is assigned in a fixed amount; Collection of maintenance in favor of the mother, who has the right to receive payments until the child reaches 3 years of age and during pregnancy; Changes in the accrual method - from a share to a fixed amount or vice versa; Termination of payments. Thus, a repeated claim for alimony cannot be filed if there is a decision that has entered into force.

Re-applying for alimony

In accordance with Part 2 of Article 9 of the Civil Code of the Russian Federation, “The refusal of citizens and legal entities to exercise their rights does not entail the termination of these rights.” Thus, when refusing alimony, there is a refusal by the legal representative to exercise the right of a minor child to receive, however, the right of the minor is retained, but is not exercised by the decision of the legal representative, which is a violation of the rights of the minor.

Re-filing a claim for alimony

But I am 17 years old, he is 21 years old. Do I need to take written permission from my parents to get married? Application for the collection of alimony Cases for the collection of alimony are considered by the magistrate's court in the order of writ or claim proceedings. In the first case, it is necessary to submit an application for a court order. in the second - preparing a statement of claim for recovery. It is sent for execution to the bailiffs 10 days from the date of its issuance.

Re-applying for alimony

further Are there legislative acts that indicate objective reasons why it is impossible to prosecute a person who does not pay alimony? more Over the past two months, my husband and I have been constantly quarreling. How to write a statement of claim for the recovery of alimony for a second child? Is it true? How to correctly write an application for alimony, write for 1/4 of the share, how many children to indicate, one or both? [Date] [month] [year] I entered into marriage with the defendant [F.I.O.

Repeated alimony

You can reapply at any time if you wish. Just any second. How can you refuse? This is impossible. The law does not provide for this action, as well as the renunciation of paternity or maternity. You are confusing something. Certainly. Is it possible to file a lawsuit again for alimony so that my husband pays more? He changed jobs and has not paid for 4 months. No again. You can submit an application based on newly discovered circumstances, in which you describe why and. How to send alimony payments.

Question n597805. my mother, a disabled person of the second group, filed for alimony against me, I am married. According to the first application for collection of alimony, the amount was repaid, but the plaintiff again continues not to pay alimony. I need to write something new. The bailiff briefly explained over the phone what. Is it true that it is impossible to re-file for divorce until a certain period has passed (at least in the same court)? I understand that it’s nonsense, but they refuse to accept it from a friend. My boyfriend and I were not married, but we had a daughter (4 months old).

Re-applying for alimony

Then he stopped paying because we made peace, and he left that job. I appealed to the magistrate to get the writ of execution from the archives. I was sent to the bailiffs. They looked at their database and said that they had never had such a sheet! How so? After all, I received money for a book for about three months (now the book is also lost). My child and I live in the village. B.M. in a closed city.

Legal Forum – Pravozaschita LLC

Currently he refuses to give money; his official salary is about 3 thousand rubles. What can I claim? What should you do first? Thanks in advance. Like Don't like HUMAN RIGHTS DEFENSE April 24, 2009 Hello. You have the right to file for division of property. 1) By - the claim must be filed with the magistrate at your place of residence or at the place of residence of your husband.

Application for collection of alimony

But this is only on condition that the alimony payer has not received a written objection addressed to the magistrate. If such a document was received, then the court order is canceled. because of which the claimant will have to go to court again, but this time file a statement of claim. The filed claim is considered within a month at a court hearing in which both parties to the disputed legal relationship speak.

Is it possible to apply for alimony a second time if after the first time alimony was refused in court?

more 1 answer. Moscow Viewed 303 times. Asked 2013-04-15 09:53:13 +0400 in the topic “Family Law” There is a child from the 1st marriage, she is now married, the real husband also pays his ex-wife, how can I reduce the amount? - I have a child from my first marriage, I’m married now, my real husband also pays his ex-wife, how can I reduce his amount? more 1 answer. Moscow Viewed 222 times.

Free consultation with a family lawyer

A family lawyer has now become a reality in our lives. In Western European countries, these services have existed for a long time and are commonplace for people. Let's look at some of these services related to the field of family law.

Drawing up a marriage contract is a phenomenon that has recently entered our lives. A marriage contract is a fairly new institution in Russian family law. In Western and European countries it has been used effectively for quite some time.

How many times can you apply for alimony?

• Important points
• Amount of payments for the maintenance of minor children
• Required documents and where to submit them
• Resubmission of application

Readers repeatedly ask whether it is possible to re-apply for alimony. To answer this question thoroughly, you need to understand what exactly is meant by this question. Will this be a second appeal to the court or to bailiffs? It all depends on the circumstances of the case. Let's look at each of the options listed.

It is impossible to answer the question unequivocally; it all depends on the reason for such an appeal. For example, in the same case, without changing the circumstances and requirements, it is not worth writing a statement of claim. The court simply will not accept it for consideration.

Art. 134 explains the fact that a case in which the same parties participate and similar demands are made will not be considered in court.

And is there any point in a re-examination when the decision has already been made, the act has entered into force and a writ of execution has been formed on it, payments are being made? If, for example, the mother receives for the child, but she makes a decision (fixed amount).

In theory, such a statement can be considered, but only if circumstances have changed. The woman will have to prove that the amount of payments has decreased significantly due to a decrease in the earnings of her ex-husband. But we’ll talk about this reason for contacting below.

If a statement of claim is filed in a case that has already been closed (if the court decision on collection has become valid), then such alimony appeal will not be considered a second time. But if in the first process the rules of jurisdiction were violated, then the plaintiff can initiate consideration of the same claim in the district court (the highest authority).

A repeated application to the court for alimony is submitted in the following situations:

• the initial application was not accepted or remained without consideration;
• the circumstances of the case have changed, and at the same time the claims have changed;
• you need to initiate payment of alimony after refusing it.

What should you pay attention to when filing a claim in court if the grounds change?

It’s a completely different question if a second application for alimony is filed due to changed circumstances. Moreover, it does not matter whether they occurred in the life of the recipient, or whether the alimony payer encountered them. And given that alimony is assigned to offspring until they reach adulthood, the payment period can be significant. For example, a child does not have enough funds, which is why unforeseen needs for medicines and health care arise. Then the mother can initiate a review of the case.

Circumstances that may give rise to a review of the case:

• the recipient of the funds (child) has encountered an illness and requires funds for treatment;
• the defendant developed serious illnesses/diseases;
• one of the parties’ income has worsened, their social status has changed;
• new dependents appeared.

On a note! The law does not define a list of compelling reasons why a case may be reviewed. The court itself determines whether a circumstance can be classified as significant, based on the specific provision.

Taking into account one of the above circumstances, both the defendant and the recipient of payments can apply to the judicial authority to review the case. For those who do not know how to file a claim, the website offers a sample statement of claim for alimony.

Is it possible to re-apply for alimony if the first claim is not considered?

In this case, before initiating a civil case, you can file the same statement of claim. The need may arise if:

1. The first claim was left without consideration due to procedural violations:

• the claim is not drawn up in accordance with the form;
• the state duty has not been paid;
• the content of the document does not meet the requirements.

1. The applicant failed to appear at the hearings several times, which is why his application remained unconsidered.

Is it possible to file a claim for alimony a second time if there was a previous refusal to pay?

Again, this question is ambiguous. It is important to immediately determine what caused the recall. Often the reason for refusal is an agreement between parents on the voluntary provision of assistance. But there is an important nuance: if there was an oral agreement, then you can re-file the claim. If it was formalized (written form, notarization), then it will no longer be possible to initiate a repeated payment.

An oral refusal of paternal assistance does not limit the recipient from subsequent collection of payments. If a notarial agreement has been drawn up, which has the force of a writ of execution, then you should not apply for repeated payment under a court decision. It is necessary to take into account the terms of the alimony agreement.

If the recipient does not want to receive alimony (does not need it), then he can revoke the writ of execution.

Many participants in alimony agreements mistakenly believe that the revocation of a writ of execution is a refusal of alimony. Such a statement cannot be called true. This action does not relieve the obligations of the parent, who must provide financial support to the offspring until adulthood.

Revocation of the letter can only be used in the event of relieving tension in relations and reaching an agreement peacefully without penalties. For example, a wife believes that her ex-beau will pay the money after employment. To prevent debt from forming and fines being accrued to the father of her children, the spouse can agree to a meeting by initiating a halt to production.

On a note! Revocation of a writ of execution does not relieve the payer of obligations.

An application for renewal of payments can be submitted a second time, of course, provided that the statute of limitations has not been violated. A three-year period is given to re-initiate payments. Accruals must be made for the entire period of non-payment, within this period.

Procedure:

1. Initiate the resumption of enforcement proceedings by filing an application.
2. Waiting for the bailiffs to resume the process.

You can re-submit an application to the court only in certain cases - a change in circumstances, there was an oral refusal of alimony. The resumption of production can be carried out an unlimited number of times, but only within the time limits stated in the law.

Reader Questions

Question one: If the number of minor children for whom alimony payments are collected increases, can the defendant apply for a review of the amount of payments.

Answer: Yes, the emergence of a new alimony recipient is a good reason for revising the amount of alimony in the first proceeding. If a parent could pay one offspring 25% of the total income, then he could give two children only 16.5% each, which is 33% in total.

Question two: The ex-husband stopped paying alimony to our son, since we agreed that he would help himself. But we never received the promised help. Now he is unemployed. Will it be possible to continue to receive alimony, how will he have income if he does not pay voluntarily?

Answer: If you did not write a written refusal of alimony, then payments will continue to be made to you immediately after your ex-spouse has income. Bailiffs must be notified about a new place of work or receiving other types of profit.

Question three: If I revoke the writ of execution, and my husband does not help the children as promised. Will he pay me the amount of debt for the period of non-payment according to the writ of execution?

Answer: Yes, you have some kind of guarantee. If you do not receive assistance voluntarily, you will be able to recover funds for the period of non-payment, but not more than three years.

There are some cases when the court does not accept a claim for compensation of alimony, that is, it does not even begin paperwork.

Then the question of re-applying arises and this is quite realistic, except in cases where the basis is in part 1, then re-submission is impossible.

Part 1. Art. 135 of the Code of Civil Procedure of the Russian Federation, the document provides for some cases that stipulate the return of the claim.

However, this is not a condition for refusing a repeated claim, which is stipulated by Part 3.Art. 135 of the Code of Civil Procedure of the Russian Federation, and the grounds for collection may be the same.

It is only necessary to first settle the reason for the refusal, for example, an incomplete list of documents.

Article 222 of the Code of Civil Procedure of the Russian Federation is a bill that regulates the reasons for refusing to consider a claim by the court.

If the plaintiff satisfies the court’s demands after a certain period of time, then on the basis of Part 2 of Art. 223 of the Code of Civil Procedure of the Russian Federation, it is possible to re-file the claim; if drafted correctly, it will be considered in court.

Article 223. Procedure and consequences of leaving an application without consideration
Part 2

After eliminating the circumstances that served as the basis for leaving the application without consideration, the interested person has the right to again apply to the court with an application in the general manner.

In some cases, resubmission is not practical or is prohibited, this is usually notified during the first decision process.

Mostly they refuse repeated applications if there is already a court order, even when the document was taken from the executive service, it should simply be returned.

Also, if the case is not subject to trial, the claim may remain pending. If you challenge the decision, you should appeal to the court of appeal.

If some circumstances of the case have changed, hidden income has been revealed, the defendant has changed, the plaintiff’s demands have been changed, or new evidence in the case has been found, then it is possible to go to court again.

Important! Once a child support order has been entered, there is no need to re-litigate the case unless any important conditions have changed. Such a claim will be rejected.

If I refuse alimony, can I apply again later?

It is possible that the parent abandoned the claim due to the defendant’s promises to settle everything amicably, for example, large sums of money were promised in exchange for waiving child support.

This situation is not uncommon; in fact, the plaintiff can withdraw the resolution from the executive body, thereby revoking the decision.

In accordance with Resolution 4, Article 21 “On Enforcement Proceedings”, the return of a claim is not an obstacle to re-applying, if the oral agreement is not respected.

Thus, to the question: is it possible to refuse alimony and then apply again, the law indicates that collection of regular or periodic payments can occur throughout the entire period for which it was awarded.

This means that before reaching adulthood and 3 years later, it is possible to submit documents for re-collection.

When can they refuse? Cases and conditions

As already stated, most refusals, especially on the basis of an incomplete list of documents or inconsistency of the claim document, do not serve as a reason for repeated refusal if a claim is filed.

If the claim is returned on the basis of Part 1 of Art. 134 of the Code of Civil Procedure of the Russian Federation, then they will indeed not re-accept the claim for consideration.

Article 221. Procedure and consequences of termination of proceedings

The proceedings in the case are terminated by a court ruling, which states that a repeated appeal to the court in a dispute between the same parties, about the same subject and on the same grounds is not allowed.

The first resolution contains regulated reasons for stopping the proceedings on the said claim. The second document ends the thought, making it impossible to resubmit the application.

How to resubmit documents - detailed description

The type and principle of consideration of the case has its own characteristics, so the algorithm for submitting documents may differ depending on the type of issue, the initial rejection of the application or the unsatisfactory results of the first ruling for one of the parties to the litigation.

There are cases when resubmitting documents is not possible, but legal practice shows that a case is reconsidered when certain conditions that were taken into account when making the first decision change. For example, you can bypass the ban if:

• change the requirements for collecting alimony.
• Certain circumstances have changed that radically change the course of the matter.

It is possible to appeal to another court, but this is only if the defendant’s place of residence changes. Thus, you should simply contact the authority and submit an application as if for the first time;

The execution of the document also greatly depends on the reason for filing a second claim; the main reasons were listed earlier. This is how the standard template for the second and subsequent filing of claims looks like:

Often parents who have to raise and support a child alone ask the question: “How many times can an application for child support be submitted?”

This is because litigation does not always end positively for the plaintiff. Receiving alimony allows a parent who is raising an adult alone to provide him with the level of income required by law.

Financially, according to the Russian Family Code, both parents must support their common children until they reach adulthood. Alimony can be received either by voluntary agreement of two former spouses, or by order of the court where the claim is filed.

Even when reaching an agreement at the pre-trial stage, controversial situations can often arise. The mother may believe that, under the current circumstances, the funds paid by her ex-husband for the child are not enough. The father can be sure that he is giving too much money to his ex-wife, so the remaining funds are not enough for him to support his new family and himself.

Payers often miss payment deadlines or do not pay them at all, although the court has awarded them regular alimony payments in a specific amount. In all these cases, a mother raising children alone can go to court with the question of how she can get the money she is entitled to; is it necessary to write a statement of claim for alimony again?

Each such situation is individual and requires special consideration. But it should be remembered that you cannot file a claim with the court a second time in the same form after it has made a positive decision on the first claim. In this case, the defendant’s failure to comply with the court decision cannot, from a legal point of view, be a compelling reason for re-collecting alimony.

You can go to court again in the following cases when the original court decision or court order was made if:

• the amount of alimony is indicated in a fixed amount, but it has increased or decreased;
• you need to receive an additional payment for the maintenance of a mother who is caring for a child under three years old or is on maternity leave due to pregnancy;
• it is necessary to change the form of calculating alimony from a fixed amount to a shared amount or in the reverse order;
• The defendant stopped paying money altogether.

If the defendant fails to comply with the court decision, a second claim for alimony cannot be filed. The problem of non-payment is considered by the court in a special manner. To do this, the interested person must contact the bailiff service. In some cases, it makes sense to consider a case of non-payment in court. A statement must be written to the bailiff service according to the protocol of enforcement proceedings.

Important! If the court has made a positive decision to collect monetary payments from the defendant, then there is no point in going there again. The claim simply will not be considered. The person will lose the money paid to repay the state duty and time.

By law, the defendant must pay child support from the date the first claim is filed until the child reaches adulthood. If the child is disabled in the first group, his maintenance will be for life.

No one can cancel a court decision. It is valid indefinitely. Therefore, second similar claims are simply not considered by the court. The problem should be resolved within the framework of the execution of the first court decision, and not in the form of re-filing a similar claim.

Repeated collection of alimony

A court decision on a writ of execution, according to general procedural rules, must be executed by bailiffs. They check the defendant’s property and his real material wealth. Bailiffs can seize property and even sell it in order to obtain the required amount to pay alimony, determined by the court.

In some cases, the mother is forced to refuse alimony, since her ex-husband may blackmail her with the right of the second parent to sign documents permitting travel to another country or to another place of residence.

To refuse alimony, a woman must write an application for refusal of maintenance to the bailiff service. After this, the enforcement proceedings are completed, the writ of execution is returned to the woman and the search for the defendant’s property and its sale are stopped.

According to the law, the completion of court proceedings is considered to have taken place from the moment the application for waiver of alimony is filed.

Worth remembering! Refusal of alimony does not deprive the plaintiff of the right to receive alimony again. The plaintiff can bring the writ of execution to the bailiffs again at any time. The court decision is valid until the child reaches the age of majority, unlike other writs of execution, the validity of which should not exceed more than three years.

In such a situation, alimony will begin to accrue from the moment the writ of execution is filed for the second time. The period when the document was in the possession of the plaintiff should not be taken into account by law.

Is it possible to re-apply for alimony to adjust its amount?

Art. 119 of the Family Code of the Russian Federation regulates situations when one of the parties wants to change the amount of alimony. There is a special procedure for this. With its help, you can increase or decrease the amount of maintenance established by the court. The law provides for the possibility of changing the financial situation of the plaintiff and defendant, both upward and downward.

Payments are reduced in the following cases:

• the emergence of high incomes for the child’s mother, which provide full support for the minor, and the poor financial situation of the father, when alimony for him becomes an unenforceable financial obligation;
• disability of the former spouse, which occurred after the divorce and entailed an increase in treatment costs along with the loss of a stable and large income.

Child support increases after circumstances are identified indicating that child support is not enough to support the children. The deterioration in the physical well-being of the parent with whom the minor child lives can also serve as an argument for increasing the amount of alimony.

What to do to officially change alimony payments?

If alimony is paid under a settlement agreement reached by the parties during pre-trial proceedings, then the agreement document should be rewritten and notarized. The revised agreement must be signed by both spouses. But this rarely happens in legal practice. More often, the amount of alimony has to be increased through the courts.

Only a judge can change the amount of alimony ordered by the court. To do this, you need to draw up a new statement of claim to change the amount of payment. Drawing up a claim is carried out according to the same rules as filing a statement of claim for the court to recover monetary payments from the second parent.

Need to remember! All documents for changing cash payments for child support must be filled out correctly, observing procedural standards and current laws. The plaintiff must support all grounds with reliable facts and arguments that are proven documented.

Sample of a repeated application for alimony to bailiffs

To restore payments for the plaintiff’s termination, the executive only needs to write a statement to the bailiffs. It is filled out in the same way as the first application.

It states:

• personal data of the plaintiff and defendant;
• number and date of the writ of execution;
• current account of the alimony recipient.

Along with the application, you must submit a writ of execution issued by the court to the alimony claimant. A sample statement of claim for alimony can be downloaded.

If the writ of execution is lost, the claimant must contact the court that issued it, or the notary who certified the settlement agreement.

What documents are needed to re-apply for alimony?

When going to court for the second time to receive alimony, you need to carefully select documents and fill out all statements of claim so that they are considered and the case is accepted by the court for consideration.

It is necessary to carefully study the Family Code of the Russian Federation and collect a package of documents including:

• originals and copies of passports of both former spouses;
• child's birth certificate - copy and original;
• a statement of claim written in two copies;
• documentary evidence of the location of the defendant;
• marriage and divorce documents – copies and originals;
• an extract from the house register confirming the plaintiff’s place of residence;
• documentary evidence and conclusions about the plaintiff’s disability, retirement age and incapacity for work;
• a document confirming the income of the defendant - the father of the child;
• receipts confirming payment of the state fee for filing a claim in court.

You need to understand that the court may require a number of other documents from the defendant, which must confirm the child’s health status and the presence of a disability. A certificate of income of the plaintiff will be required. If the mother cannot obtain from her ex-husband a document about his income, then his place of work must be indicated in the statement of claim. Problems that arise when preparing documents for re-applying to the court to collect alimony can be resolved on the website of the Supreme Court of the Russian Federation.

How many times can I reapply for child support?

A parent raising a minor does not have the right to refuse to receive alimony, since it is paid to the child, and the parent is his official representative. Refusal of alimony will be considered by the court as a violation of the rights of the child. A statement of claim can be withdrawn from court only if the payment problem is resolved peacefully at the pre-trial stage.

When the payer stops paying alimony to the claimant after the latter revokes the writ of execution without complying with the settlement agreement, then an appeal must be filed in court. A repeated appeal to the court is carried out in the same way as the first. It is necessary to collect all the documents that are attached to the statement of claim. It is necessary to provide a copy of the settlement agreement in the package of documents. If it is lost, then it should be restored by the notary who certified it.

Filing a claim for repeated collection of alimony can occur any number of times; you just need to fill out the documents correctly and provide arguments that are appropriate from a legal point of view. Otherwise, the court will refuse to consider the claim. In case of refusal, you need to check all the documents, eliminate errors and submit the claim again.