Is it possible and how to withdraw a writ of execution for alimony - the consequences of revoking a writ of execution for alimony

Home » Alimony » Revocation of the writ of execution for alimony

Payment of alimony for a minor is made on the basis of a writ of execution (IL), which may be a voluntarily concluded agreement between the parents; court order; court decision. Based on the document, the Federal Bailiff Service begins enforcement proceedings. Transfer of IL to the FSSP or to the place of work of the alimony provider is carried out at any time before the child reaches the age of majority and another 3 years after the expiration of this period

The writ of execution for alimony can be revoked if the accumulated amounts of debt, taking into account the penalty, turned out to be “unaffordable” for the alimony provider or if there is a desire to establish a different payment procedure. The most specific questions in this case are: will the alimony payer pay the debt after the IL is revoked, and can he again be required to pay alimony if the terms of the voluntary transfer of money are violated?

Is it possible to revoke a writ of execution for alimony?

The possibility of revocation is provided for by Law No. 229-FZ of October 2, 2007, in Art. 46 of which it is stated that the writ of execution can be returned to the claimant provided that the interested party writes a corresponding statement, even if, according to the IL, any transfers were made.

It would seem that there is no reason to stop enforcement proceedings when receiving material benefits in favor of a child, but in practice, cases of revocation of a writ of execution are frequent and justified.

Reasons for revocation

Both spouses have obligations to support the minor (Article 80 of the RF IC). A parent raising children cannot refuse to receive alimony during a divorce, since the amount of withholding is not used to meet the needs of the spouse, but to maintain a decent standard of living for the child. Refusal of alimony will be considered as an infringement of the rights of minors. However, it is not prohibited to revoke the writ of execution.

The most common reasons for this action are:

Establishing an agreement between parents on the payment of alimony, in which the child will receive more funds than under the IL.
Inability to pay off accumulated alimony obligations. Sometimes the payer needs a “pause” in making deductions to pay off the debt and resume payments without charging a penalty.
Resumption of marital relations between spouses.
Psychological factors: resentment, pride, desire for independence forces the recipient to refuse alimony even despite the need to receive it.
An agreement under which the payer makes a large one-time payment or an expensive purchase to pay child support.

There may be other reasons for the revocation that the recipient considers sufficient to change the compulsory procedure for making payments to a voluntary one.

Consequences of revocation of a writ of execution

Revocation of a writ of execution is a temporary termination of enforcement proceedings. While the document is in the hands of the claimant, the bailiffs do not collect funds for the maintenance of children. Before presenting the IL again, the payer is not obliged to financially help the child and participate in providing for his needs.

If at the time of withdrawal of documents the payer had a debt, then it is retained in full. The claimant has the right to demand fulfillment of obligations for the past period even if alimony payments are terminated in the future.

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.

From the moment the application is submitted (and not from the date of the decision to cancel the court order), the mandatory implementation of deductions is suspended. At the same time, the obligation to support the child remains, only a different procedure applies - a voluntary procedure for paying child support.

Legal consequences of revocation of a writ of execution

First of all, you need to focus on the fact that the revocation of the writ of execution is not a waiver of alimony! The court decision to collect them is still in force; no one can cancel the obligation to support a minor child. The revocation of a writ of execution is only a replacement for the forced collection of alimony according to an existing court decision - a voluntary one .

This means that funds for child support must be paid by the payer in the same amount, with the same frequency, from the same income as established by the court. More and more often is possible, less and less often is not.

How to get a writ of execution?

What needs to be done to revoke a writ of execution?

1. Submit an application to the bailiff

It is necessary to contact the SSP department, which is in charge of the production. The bailiff who is handling the case of collecting funds for child support must submit an application to revoke the writ of execution.

This is important to know: Is alimony based on financial assistance of 4,000 rubles?

This application is drawn up in any form indicating the following data:

Name of the SSP department;
Data of the parties to the proceedings (collector and payer);
Grounds for collecting alimony (court decision or alimony agreement);
Request for revocation of the writ of execution indicating the reason;
Date of application;
Applicant's signature.

The application must be written in two copies, one of which remains with the bailiff, and the second with a mark of receipt is returned to the applicant.

2. Resolution of the bailiff

Within 5 working days after receiving the application from the claimant, an employee of the SSP department issues a decision to complete the paperwork and return the writ of execution to the claimant.

3. Receipt of the writ of execution

Receiving (in person or by mail) a writ of execution and a copy of the bailiff’s decision on the completion of the collection of funds for child support.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

Is there still a debt for alimony?

If the recipient has submitted an application to revoke the IL, the payer remains obligated to repay the existing debt. However, if previously there was a penalty for the amount of the underpayment, then with the submission of the application the “counter” will stop.

According to an oral or written agreement concluded between the parties, payments can be made during certain periods when the alimony provider has the opportunity to repay the debt.

During the break, the parent living separately is not relieved of responsibility for the financial support of the child. If the mother or father raising a minor evades obligations, they can contact the bailiffs with an application to collect the debt. If the payer does not have evidence of providing assistance to children, the amount of alimony debt is determined, but for a period not exceeding 3 previous years.

Cash flow statements received from a financial institution can be provided as evidence of child support; receipts from the second spouse for receiving money for the child.

Evidence of financial support must be taken care of in advance. It is advisable that all agreements be secured by a notarized agreement. Otherwise, acquired material assets or cash transfers may be regarded as voluntary gifts and it will be difficult to prove their involvement in alimony payments.

Questions for a lawyer

Good afternoon The husband owes child support in the amount of 56 thousand rubles. He cannot pay the amount, the debt is growing. Is it possible to revoke a writ of execution? Will the amount of debt disappear? Answer: By meeting your spouse halfway, you can write an application to the SSP to revoke the IL. The debt amount is not cancelled. It is recommended to draw up an agreement with your spouse, which will spell out a schedule for repaying the debt on a voluntary basis. In this case, payments to the daughter should be received as usual. Enforcement proceedings can be resumed before the expiration of the alimony withholding period.
My wife revoked the writ of execution on the condition that I would pay an amount greater than that indicated in the IL. Instead of 4 thousand rubles. I paid 12 thousand rubles , transferring money to her by postal order. After 2.5 years, my wife resumed enforcement proceedings and demands repayment of the debt for the previous period, citing that I did not fulfill my obligations. Are the wife's actions legal? Answer: If during the entire period during which the IL was revoked, alimony was paid regularly, and there is evidence of this, the debt is not collected. Evidence should be provided to the bailiff. If a FSSP officer, contrary to the evidence, calculates the amount of the debt, you must go to court to appeal the bailiff’s decision.

If you have any doubts about whether to revoke the writ of execution, it is better to seek the help of a lawyer from the website ros-nasledstvo.ru. The specialist will explain the consequences of suspending deductions in enforcement proceedings, the possible pros and cons of the process, and determine the legal basis for renewing alimony under IL and claiming the amount of debt in the future.

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