How to change the bailiff for alimony in 2021

Reasons for changing the claimant

In most cases, the parent living with the child receives child support. Trustees, adoptive parents, guardians and other persons established by law can also act as recipients.

Under some life circumstances, it is necessary to replace one claimant with another. Such circumstances may include:

Death or recognition as deceased of the parent of the child with whom he or she permanently lived;
Loss of rights of the parent who lived with the child;
Replacing one child's guardian with another;
Transferring the baby to a foster family.

In all these cases, the former claimant can no longer be the recipient of alimony, since the responsibilities for maintaining and raising the child have passed to another person.

The new guardian may be:

A relative or other person appointed as a guardian;
Adoptive parents;
Guardianship;
Children's social institution.

In what cases is it possible to replace the claimant?

In accordance with the family legislation of Russia, replacing the claimant of alimony payments with his legal successor is allowed in the following cases:

The death of the parent who received child support, or his deprivation of parental rights. In this case, the right to claim alimony passes to the guardian or social institution in which the child will be kept.
Death or change of guardian. When such circumstances occur, the right to collect alimony is acquired by the guardian or social institution who has assumed the responsibilities of raising the child.
Reorganization of a social institution (as well as its liquidation) - representatives of the boarding school to which the minor was transferred will be able to collect alimony payments.
Transfer of a child from an educational institution to a guardian. Accordingly, the boarding school loses the right to demand alimony, and the guardian will be in charge of collecting funds for the education of the minor.

When a child is adopted by a new family, there are no grounds for replacing the claimant. This is due to the fact that, according to Article 120 of the RF IC, after adoption, alimony obligations cease. In turn, biological parents lose the right to demand financial support from their grown-up children.

Article 120 provides for several other grounds that exclude the replacement of the claimant. These include:

The child reaches 18 years of age.
Early acquisition of full legal capacity by a child.
Termination of the recipient's need for financial assistance.
The entry of a former spouse, to whom alimony was paid due to incapacity, into a new marriage.

Of course, alimony payments also cease in the event of the death of the recipient.

Changing the recipient when paying alimony under the agreement

Financial (material) support for a child can be provided by one of the parents voluntarily. For this purpose, a contract (agreement) on alimony may be concluded between him and the second parent or other person. In this document, the parties agree on the amount of payments, methods and procedures for their implementation, as well as other conditions that do not contradict the law. In order for the agreement to have legal force, it must be notarized.

When the obligations for maintenance and upbringing are transferred to another citizen, the alimony payer has the right to renew the agreement with him, and also continue to pay alimony on a voluntary basis. In this case, you will not have to go through any legal procedures to change the recipient.

If the payer paid the money on a contractual basis, but refused to enter into such a document with the new guardian, then the new guardian will have to file a claim for alimony.

Guardian's right to file a claim

The absence of a court decision to determine the procedure for collecting alimony from parents deprived of such rights at the time of determining a guardian or trustee is the basis for filing demands for the establishment of alimony in accordance with the procedure of justice.

An important factor when filing a claim is the lack of voluntary child support.

Such a case will be considered by a magistrate. On the part of the guardian, the claim can be filed both at his own place of residence and at the place of residence of both parents or one. One of the copies of the claim, which remains with the plaintiff along with the court's note of acceptance, must be transferred to the guardianship and trusteeship sector, for which a copy of this document is made. The same actions are carried out with a court decision.

How to replace the recipient due to reaching the age of majority

This procedure is formal in nature. In order to make a replacement, it is enough to contact the bailiff with your passport and application. The bailiff himself initiates the replacement process, after which the adult citizen will be able to begin receiving his money.

The application to the BSC can be drawn up in any form, however, it must contain:

The name of the territorial branch of the SSP in which the enforcement proceedings were opened;
FULL NAME. bailiff;
Information about the court decision, order or writ of execution on the basis of which alimony was paid (number, by whom and when it was issued);
Information about enforcement proceedings (number, date);
Request to replace the claimant due to the recipient reaching the age of majority.

The application can be signed and submitted by both the new and old claimant, or their representative, endowed with a notarized power of attorney.

How to replace the claimant in enforcement proceedings for alimony

This process is handled by the authorized body that made the decision to pay alimony. As a rule, this is a district or magistrate court.

Not in all situations they are paid under a writ of execution or court order. In some cases, the basis for payment of funds is an agreement between the parents. Based on this, the right to replace the person to collect alimony is assigned to the entity that made the decision to pay. Simply put, it is impossible to replace the claimant by agreement or voluntary agreement. In this case, the agreement on the payment of alimony must be concluded anew with the new recipient of alimony, and when paying alimony without a writ of execution, the payment of funds remains entirely on the conscience of the payer.

Situations often arise when the mother, with whom the children remained after a divorce, dies, and the father refuses to pay alimony to other persons, citing the terms agreed upon with the ex-wife. In this case, a lawsuit is filed in court to collect alimony. The collection process will be carried out in court. The plaintiff will be the guardian, trustee or child care institution to which the children were transferred.

Replacement procedure for guardians

When a guardian is appointed for a child, the claimant is replaced in court. Both the guardian himself and the bailiff can initiate consideration of the case in court. Also, the applicants can be the alimony payer and the previous alimony recipient, if he is alive.

In order for the court to issue a ruling on replacement, the applicant will need:

Collect a package of documents confirming the right to receive alimony (death certificate of the child’s parent, document on loss of parental rights, court decision to appoint a guardian, etc.), as well as other documents confirming the information specified in the claim;
Prepare an application;
Submit documents to the judicial authority that made the decision or order on alimony. Documents can be transferred in person or through a representative by proxy to the court office. It is also possible to send documents by post (by registered mail, with notification).

After receiving documents from the applicant, the court appoints the case for consideration and invites the parties to participate in the process.

Based on the results of the consideration of the case, the court makes a decision to replace the recipient, or refuses to satisfy the applicant’s demands.

Judicial order

If children are left without the guardianship of the person who provided their maintenance and upbringing, but one of the parents is alive, obligated by law to pay alimony, the person (institution) has the right to apply to the court that made the decision to collect them, to replace the claimant.

Actually, such an appeal is not a claim. It is called a “statement”.

This is an appeal by an eligible person (who has registered the right to parenting) to the court that made the decision to collect alimony.

The statement of claim is duty-free, since it concerns the protection of the interests of a minor who cannot independently have a source of income or, having it, cannot fully dispose of it for the purposes of his maintenance and limited legal capacity.

Below you can see an example of a statement of claim.

A form - a sample statement of claim to replace the claimant can be downloaded from the link below.

How to draw up an application for guardians, a sample application to the court

An application to the court must be made in writing. The Code of Civil Procedure of the Russian Federation does not contain mandatory requirements for documents of this kind. This means that they can be compiled in any form. In this case, the applicant must be guided by the general principles of drawing up legal documents.

The application for a replacement recipient must include the following information:

Name of the court;
Information about the parties and third parties to the process;
Circumstances that resulted in the need to replace the claimant;
Information about enforcement proceedings (case number, date, amount of alimony paid, method of payment, full name of the child to whom the money is paid);
Information about documents and other evidence confirming the circumstances specified in the application;
A request to the court to replace the claimant, as well as to issue a new writ of execution;
List of attached documents;
Date of application;
Applicant's signature with transcript.

The total period for the court to issue a ruling is 30 days. The new writ of execution is handed over to the bailiff, who is obliged to issue a replacement order within 3 days.

applications for replacement of the claimant

How does the alimony payer change?

From an alimony payer who does not fulfill his obligations to pay alimony, funds can be recovered through judicial proceedings.

It is worth considering that bailiffs also have the opportunity to apply to change the alimony payer, but they do not always express a desire to deal with such issues. Therefore, very often a new claimant needs to independently defend the rights of a minor child.

If the new claimant does not have the appropriate guardianship documents, the bailiffs may refuse to submit an application to change the claimant. It is also possible to obtain a waiver from them in the case where different guardians are assigned to different children, but alimony is collected in one proceeding. In such situations, the new claimant must go to court independently.

If the plaintiff is unable to produce the appropriate documents regarding custody of the child, the court will deny him or her the case. But, there are cases when a new alimony claimant manages to collect evidence that, taken together, can prove to the court that the child is in his custody.

How to change the Bailiff of the Alimony Executor

It takes up to 10 days to study and make a decision on the application. The reporting period begins from the date of receipt of the written request. If we talk about the limitation period for such cases, it is three years. It is during this period that the recipient of alimony has the right to apply to the FSSP with a request to resume alimony payments. If the three-year period is missed, the only solution is to go to court.

In order to resume proceedings on alimony payments, it is important to approach the solution of the problem responsibly. Instructions for action depend on the selected option.

Application rules (read more...)

Main types of applications to bailiffs regarding alimony

Taking into account that the person from whom alimony is supposed to be collected can evade payments in various ways, letters of application to the relevant authorities to the bailiffs can be sent more than once and in relation to various issues. Here are the most common ones:

Satisfaction of a claim for alimony based on a court decision;
Inaction of the bailiff to collect alimony;
Request for criminal prosecution for non-payment of alimony by the payer.

Let's look at the voiced types in more detail.

Satisfaction of a claim for alimony based on a court decision

The easiest way for you to fill out an application containing a sample request to implement a decision on a writ of execution is directly at the bailiff’s office, where you can scrupulously check the correctness of filling out the columns of the form using the samples. But if you do not have the opportunity to go there yourself, or send your representative by proxy, the only acceptable solution would be to send a cover letter using the services of postal workers.

So, you are faced with the task of sending a letter with a positive court decision to collect alimony from your spouse. To do this, you need to understand the structure of such a letter and have a clear idea of how to correctly address the paper, what kind of wording to write at the beginning, middle and end of the application, and what sample documents to put in the envelope along with the main paper.

It is to facilitate this task that we post a sample application for you on the website.

Complaint about the inaction of the bailiff in collecting alimony

There are situations when the ex-husband does not make deductions for alimony, he is in debt, and the bailiff does not take any active steps to correct the situation. This state of affairs forces the wife to take up the task of drawing up a letter of complaint about the inaction of the bailiff. She takes on the task of writing a letter based on the sample addressed to the city's chief bailiff. He, in turn, has under his command the staff of bailiffs of the entire office, including the one in whose name the complaint is written.

A similar letter about the arrears of alimony payer and the failure of the bailiff to fulfill its obligations to collect this debt is considered by the chief bailiff for about ten days. The legitimacy of the complaint, the grounds for the request and possible ways to eliminate the problem will be carefully analyzed.

When filling out a cover letter with a complaint, do not forget to attach to it documents indicating that the payer has a debt or confirming the facts of non-payment of funds.

If you do not attach the required documents, the bailiff service will send a request to obtain this data from the necessary offices. But be prepared for the fact that due to this situation, the period for making a decision on the case will be increased, but, as a rule, the increase does not last more than ten days.

This is interesting: Department of bailiffs for the Perm region 2021

And so that you do not get confused when writing a complaint, we provide a sample of this document.

Request for criminal prosecution for non-payment of alimony by the payer

A statement on the issue of non-payment of alimony by the payer is written in the case when one of the spouses has stopped transferring funds at all, or sends them, but not in the required amount and he is in debt. Such an application is drawn up in the form of a covering letter to the address of the bailiff’s office attached to the debtor’s place of residence. Since the payment of alimony is in accordance with the decision made by the judge, if there are no payments, there is no need to re-apply to the court; it is enough to just send a letter indicating information about the debt to the bailiffs.

If the payer regularly does not pay the required amounts, and avoids payments in every possible way, then, in accordance with the law, you can bring him to criminal liability for this. In such a case, a covering letter is issued to the bailiffs about the existence of a debt owed by the payer, and about your desire to bring him to criminal responsibility for non-payment of alimony.

To make it easier for you to write such a letter, we have placed a sample of it on the website for you. .

Sample application for replacement of alimony claimant

Regulatory and legislative acts do not provide that the document in question is called a statement of claim. This paper is not a claim. But it is considered at a court hearing, in which two parties are directly involved. However, the structure of the document is similar to a lawsuit.

The document on replacing the alimony claimant must include the following information:

The exact location of the court to which the document with the requirement to replace the claimant is sent;
Listing the full name of the applicant and other interested parties to initiate a court hearing;
Supplement the document with a paper in the form of a court decision on alimony, which was issued earlier;
Clear demands of the applicant to change the claimant.

After listing all the requirements, the bank accounts to which funds will now be transferred are indicated below. After a positive court decision, a writ of execution is drawn up, which is transferred to a special employee who executes judicial acts on alimony.

Basic rules when replacing a claimant:

Provide reliable information in the application;
Correctly formulate the conditions and write them down in the application;
Attach documents.

you can follow the link.