End of enforcement proceedings for alimony: how to write a statement

Alimony is not a lifetime payment, so both alimony payers and alimony recipients should know the nuances that play a role in stopping payments. Please note that the recipient can terminate enforcement proceedings for alimony, however, the payer also has the same right.

When can enforcement proceedings be completed?

Enforcement proceedings for alimony are terminated:

if the alimony payer or alimony recipient died, alimony obligations are not inherited;
the child reaches eighteen years of age;
if parental rights and responsibilities have been transferred to a new parent (that is, the child has been adopted);
if the alimony payer hides, the bailiffs do not know where he is, and the payer is wanted - they suspend enforcement proceedings for a certain period until the payer is found.

You can terminate enforcement proceedings for alimony by submitting an application either to the magistrate’s court or to the bailiff.

Important: when enforcement proceedings are terminated, alimony ceases to be accrued both in a fixed amount and when a percentage is deducted from the alimony payer’s salary. In addition, there are other consequences that are associated with the termination of enforcement proceedings: the payer can take back his property, which was seized; the alimony debtor has his lost rights restored, for example those relating to traveling abroad.

Termination of enforcement proceedings

Before taking and suspending enforcement proceedings for alimony, you should clarify the legality of the reasons for this. If the grounds for termination are unlawful, such suspension will be revoked. And you will have to transfer funds again. In addition, if a debt is discovered, it will be collected.

Debt for alimony prevents the termination of enforcement proceedings. Neither the court nor the bailiff has the right to exempt a person from paying if he has a debt. Therefore, you should first pay off the debt by transferring the required amount to a disabled relative.

Termination of proceedings by the bailiff

The bailiff considers the submitted application for no more than 5 days, after which he makes an appropriate decision. But he, as an official, uses only those reasons that the RF IC contains. Namely:

the recipient has reached a certain age;
emancipation;
relevant terms of the agreement;
death of one of the parties.

If the recipient has reached the age of 18 (when it comes to a child), then no problems arise with this reason for suspension. It's another matter if you stop providing swearing. assistance is due to the onset of legal capacity of a person before adulthood. Most often, the reason for this is the marriage of the recipient.

In order for payments to be canceled due to the death of one of the parties, a death certificate must be provided. The bailiff has the right to approve the cancellation of payments even when the basis is certain terms of the contract. But this is only possible in the case where the money under the agreement was collected forcibly.

The writ of execution is revoked by the recipient or his guardian. This is permitted when the payer returns to the family, the parties have entered into a peace agreement (the new amount will exceed the “legal” alimony), the minor has been granted ownership of expensive property, etc.

It is enough for the parent of a minor to contact the bailiffs with a corresponding application. And the transfer of funds will be suspended.

Important! If necessary, the recipient (guardian) has the right to initiate the resumption of enforcement proceedings.

Termination of proceedings in court

The court can also cancel the order of alimony. In practice, the transfer of funds to a disabled relative may be suspended on the following grounds:

challenging parental rights;
baby adoption.

A citizen can file a lawsuit to challenge paternity. This is a lengthy procedure that requires a lot of evidence. Recently, such proceedings have not been completed without the use of DNA analysis. If the court finds that the payer is not the father of the child, he has the right to file an application for cancellation of financial assistance. A decision will be made to terminate financial assistance to a young child.

The adoption of a child by another person releases the payer from the obligation to support the adult. The consequence of adoption for the payer is deprivation of parental rights. But if he wishes, he can retain his rights and obligation to support a young child.

Suspension or final termination of the provision of mat. assistance is provided legally. In practice, the reasons are trivial - the recipient’s coming of age or refusal to pay, or the death of one of the participants. It is important that the procedure for completing enforcement proceedings is followed without violations.

Completion of enforcement proceedings on alimony by applying to the court authorities

In some cases, the bailiff has the right to stop enforcement proceedings only by a court ruling. To do this, it is necessary to submit an application to the judicial authority with a request to terminate the proceedings for the deduction of alimony. The court is obliged to consider the received application within ten days. All three parties are invited to the meeting: the alimony payer and the alimony recipient, as well as the bailiff. In this case, the failure of one of the parties to appear is not a reason to postpone the meeting.

After considering the application and the documents provided, the court makes an appropriate decision. If you disagree, you are allowed to appeal it to a higher authority within a fifteen-day period.

When writing an application to terminate enforcement proceedings, you do not need to pay an additional fee.

Procedure for completing collection

The end of enforcement proceedings for alimony is possible only after the last payment has been made. To terminate production, the payer may:

Submit an application to the bailiffs to terminate enforcement proceedings. It is possible in cases where a settlement agreement was concluded between the alimony payer and the alimony recipient, the writs of execution became invalid due to cancellation or invalidation, or the court accepted the refusal of the alimony claimant.
Submit an application to the court to terminate the collection.

Important! Proceedings cannot be terminated if there is an unpaid debt.

How to terminate enforcement proceedings by contacting a bailiff

Sometimes the bailiff may also terminate enforcement proceedings for alimony:

if the court decided to terminate enforcement proceedings based on a previously issued writ of execution;
cancellation of the act that served as the basis for drawing up the executive document;
recognition of the writ of execution (sheet) as invalid;
the alimony recipient refused alimony;
the payer and the alimony recipient came to the conclusion of an amicable agreement on the calculation and payment of alimony.

How to pick up a writ of execution for alimony

Following the step-by-step instructions, revoking the IL for alimony will not be difficult.

Step 1. Contact the FSSP with an application

The bailiff will tell you how to draw up an application for revocation. It should contain:

information about the FSSP branch (name, address);
data of the applicant filling out the review;
text of the document indicating the full name of the payer, the full name of the child and the year of his birth; information about the executive document on the basis of which penalties are carried out (number, date of preparation);
request to return the IL and terminate the enforcement proceedings, indicating the reason;
date and signature.

Sample application for revocation of a writ of execution:

Step 2. Wait for the ruling to be issued

No more than 5 days pass from the moment of filing the application until the decision is made.

Step 3. Receive a writ of execution

Documents can be picked up in person at the FSSP office or received by mail.

How to terminate enforcement proceedings: application

An application to the court and to the bailiff conducting enforcement proceedings is written according to a similar template. It is necessary to indicate the personal information of the payer, as well as the contact information of the applicant. In case of going to court, the name of the authority is indicated, and in case of going to the bailiff - his surname and initials.

It is necessary to indicate on the basis of what documentation the enforcement process was started, as well as the date of opening of the enforcement proceedings. Here the applicant indicates the number of the court decision, as well as the date of publication of the document confirming the opening of enforcement proceedings.

The application must indicate what circumstances are the basis for termination of enforcement proceedings or have led to the impossibility of further fulfillment of alimony obligations. In this case, you should refer to documents confirming these facts.

Referring to the legislative norms set out in the Family Code, Civil Procedure Code and the Law on Enforcement Proceedings, it is necessary to make a request to terminate this enforcement proceeding.

After entering the final details of this document, the annexes are indicated - papers that are attached to such an application.

Application for termination of production. Sample

The enforcement case can be terminated at the request of the alimony recipient or alimony payer. As a rule, before contacting the bailiff, you need to obtain a court decision. But there are situations when the performer has the right to terminate production without such a decision.

Application to the bailiff

Proceedings are terminated based on the application in the following cases:

the court issued a writ of execution, but subsequently terminated the proceedings;
the judicial act that was the basis for issuing the writ of execution was cancelled;
enforcement proceedings were initiated on the basis of a writ of execution that was declared invalid or cancelled;
the court accepted the alimony recipient’s refusal to pay;
the payer and the recipient entered into a settlement agreement.

In other cases, before contacting the executor with a statement, you need to obtain a court decision.

The application contains the following information:

address, name of the territorial bailiff service;
information about the applicant (full name, address, telephone number);
when and on the basis of what document the enforcement case was opened;
reasons for closing the proceedings, link to supporting documents;
links to articles of the SK, Civil Procedure Code, Law No. 229-FZ;
further state the request to terminate the proceedings;
date, signature.

Sample application for termination of enforcement proceedings for alimony

Documents confirming the stated facts are attached to the application.

The application review period is 5 days.

After the termination of the case, the alimony recipient has the right to receive writs of execution issued by the court. If necessary, the claimant has the right to re-submit the documents to the bailiff and demand recovery.

The writ of execution has a validity period. You can read more about this here.

Nuances of terminating enforcement proceedings for alimony

According to the general current rule, termination of such proceedings is possible when the requirements specified in the writ of execution are met, as well as when the writ of execution is returned back to the applicant.

In addition, if children have reached full legal capacity before the age of eighteen, enforcement proceedings can also be terminated. To do this, it is necessary to confirm that the child has started working, got married, or is able to provide for himself. If alimony was withheld for the maintenance of a disabled spouse who entered into a new marriage, it is also necessary to complete enforcement proceedings, because providing for the family is transferred to the new spouse.

It is worth emphasizing that when an agreement is concluded and enforcement proceedings are withdrawn, alimony obligations do not cease. The recipient has the opportunity to resume enforcement proceedings and forced payment of alimony at any time.

It is necessary to highlight cases when the proceedings are not terminated: the writ of execution is lost (the recipient of alimony needs to take a copy of it), the recipient entered into a new marriage, but the new spouse did not adopt children.

When terminating enforcement proceedings for alimony, they are guided by the following laws:

Family Code – articles 109, 113, 120;
Federal Law “On Enforcement Proceedings” – Article 12, 21, 30, 33, 39,40, 42, 44, 45, 47, 50, 64, 69, 121, 124;
Code of Civil Procedure – Articles 441, 428, 430.

The procedure for opening and terminating enforcement proceedings

Monitoring the implementation of a court ruling or order for alimony payments lies with the bailiffs. To begin fulfilling their duties, they must receive a document that is the basis for payments. They may be:

writ of execution issued on the basis of a court decision;
order of the magistrate;
Agreement on voluntary payment of alimony, certified by a notary.

The application must be accompanied by documents indicating evidence of the cancellation of the opened case. These include:

Judgment or order canceling payments;
An agreement between the payer and the recipient on the cancellation of payments, certified by a notary;
refusal of the party receiving alimony to pay;
death certificate of the recipient or payer;
documents confirming the child’s emancipation: employment, marriage, etc.;
A copy of the child’s passport to confirm the age of majority.

Features of cancellation of enforcement proceedings by agreement of the parties

When alimony is assigned by agreement of the parties, its cancellation may occur in the following cases:

the death of one of the parties to the contract. If alimony was paid to a child, then the meaning of the payment agreement is lost upon the death of the parent - the payer or the child himself;
if the payment period indicated in the document has expired;
upon the occurrence of other reasons specified in the agreement for which the termination of payments is provided.

Since the Agreement is drawn up without the involvement of judicial authorities, to terminate enforcement proceedings opened on the basis of a document presented to the bailiffs, it is not necessary to apply to the court if the parties voluntarily agreed to cancel the agreement. To do this, it is enough to register the cancellation of the agreement with a notary and notify the SSP about the cancellation of the previously presented Agreement on the basis of a new document on refusal of agreements.

In this case, the notary is obliged to verify compliance with the legality of the reason that prompted the parties to the agreement to take such actions. This is especially true for the interests of children.

If there are doubts on his part, then he must send them to the court to cancel the agreement.

Requirements for the content of the application

An application to the joint venture service to cancel production must contain the information necessary to terminate production:

legal address of the joint venture service that opened the enforcement case;
Full name, telephone number and contact address of the applicant;
information about the document on which alimony was collected;
the reasons for termination of proceedings must be listed, documents presented as evidence;
grounds of law: links to relevant articles of law to terminate collection;
apply for termination of proceedings;
At the end of the application, put your signature and the date of its preparation.