The payment of alimony is made in favor of minor children or incapacitated parents in accordance with a formalized voluntary agreement between the parties or on the basis of a court order. If payments for some reason are not received or the plaintiff has refused alimony, the defendant's obligations can be restored.
Necessary
- - application to the court;
- - a statement to the bailiffs;
- - a new supplementary agreement;
- - the passport.
Instructions
Step 1
If you have entered into a voluntary agreement on the payment of alimony, the respondent's obligation may terminate in connection with the death of one of the parties, on the grounds provided in the document itself, upon the expiration of the term of the executed agreement.
Step 2
To resume payments, conclude a new agreement by contacting a notary office, or extend the term of the current document. If the validity period has not expired, there are no clauses on termination of the agreement, everyone is safe and sound, but the alimony is not credited to your account, apply to the arbitration court for enforcement.
Step 3
On the basis of a court order, you will receive a writ of execution. You can present this document at the defendant's place of work, to the bank where the accounts are open, or contact the bailiff service if the defendant does not work, does not have accounts and does not want to make payments on his own by money transfers to your account.
Step 4
In case of non-payment of alimony on the basis of a court decision, you also have the right to contact the bailiff service. Enforcement proceedings provide for the enforced recovery of alimony by any available means that do not contradict the current legislation.
Step 5
The defendant can make an inventory of the property and sell it to pay off the alimony debt. If there is no work, property and accounts, the defendant will be involved in forced labor so that he can pay alimony.
Step 6
To resume the recovery of alimony, non-payment of which is associated with your written refusal, please file a statement of claim with the arbitration court. A refusal, written in the plaintiff's own hand, is not an obstacle to further enforced recovery of alimony from the defendant. And payments can be resumed at any time. For example, if you refused to receive alimony in writing today, you can go to court tomorrow and resume the enforcement. In this case, the only thing that can change is the amount if the defendant's marital or financial situation has changed.