Current legislation provides for such a term as a statute of limitations for any obligations. It applies to alimony. Its essence boils down to the fact that after the specified period the prosecution becomes impossible. In the case of the statute of limitations on alimony, the situation is such that as soon as it expires, the collection of funds becomes impossible.
The concept of the limitation period
The limitation period for alimony is understood to mean a certain period that provides one side with benefits on the basis of current circumstances. In fact, this is a certain period of time that guarantees the provision of legal protection for a citizen.
It is due to this concept that the period in which the appeal to the state should be executed is limited. bodies to carry out the relevant calculations. As soon as the legally established statute of limitations on alimony passes, the courts will not accept the application for consideration. This should be taken into account by its compiler.
Is there a statute of limitations period?
Current legislation provides for such a term as the limitation period for alimony. That is, if after many years the parent suddenly decides to collect "debt" from another, to recover the entire amount, for example, for 18 years it will not work.
One way or another, the court considers each case individually. Therefore, in rare cases, even if the statutory limitation period for child support has expired, the court may decide to extend it. This is possible if the plaintiff has really confirmed reasons, due to which he did not apply with the corresponding statement earlier. They must have documentary evidence.
When is it possible to claim payments?
Current legislation defines the following important aspects:
- parents with minor children are required to pay child support debt, the statute of limitations of which has not expired;
- the minor child retains the right to receive cash payments up to the age of eighteen.
Individually, exceptions are possible, namely:
- as soon as a minor starts entrepreneurial activity or marries, he loses the right to receive alimony from his parent;
- sometimes parents must support adult children, for example, if they have a disability;
- from time to time, a parent may be exempted from the need to pay child support.
It is important to note that, as such, the statute of limitations for child support is not called. It is limited only by the crossed period, which, in turn, coincides with the coming of age of the child.
There are cross-cutting deadlines for child support payments for spouses and other relatives:
- A mother caring for a child, up to the age of three, is entitled to child support from his father. The penalty for alimony and the limitation period in controversial situations are determined by the court.
- If after the official dissolution of the marriage less than five years have passed, and the ex-spouse has become a pensioner, in need of money, she is entitled to payments from the spouse.
Considering such a concept as the statute of limitations on alimony and the period of their recovery, it is assumed that a period of time is available when a particular person has the right to receive certain amounts from relatives. That is, children have the right to receive alimony up to their 18th birthday. This means that the mother has the right at any time of the indicated period to file an application with the court to recover the corresponding payments from her father.
The situation is similar with payments that are due to a young mother. She can count on them during pregnancy and in the first 36 months after the baby is born. She can submit an application both upon receipt of documents confirming the fact of conception and development of the fetus, and when the baby reaches, for example, two years of age. But the later she draws up the paper, the shorter will be the total period of such payments.
Separately highlighted the concept of limitation for child support. It applies to situations:
- execution of a court decision on obligations in respect of alimony;
- collection of cash for past periods or debt arising.
Prescription for child support
Legislation provides for a limitation period for the recovery of alimony when it comes to payments for a child. It is equal to three years. In other words, the right to file a claim is retained until the child reaches the age of majority. Actually, during the enforcement proceedings the sum can be received exclusively within the past three years before the day of filing the claim.
Sometimes in practice it turns out to issue additional payments for the child. The most common example is when a former spouse makes payments to two children at once, which make up 33%. Once one reaches adulthood, the payment for the second child will increase to 25% from 16.5% (as in previous years). It also requires an appropriate court decision as part of the enforcement proceedings.
Age of majority
As soon as a child reaches adulthood, in accordance with the current Family Code, he loses the right to alimony from his parents. But here also has a three-year statute of limitations on child support. In other words, if such a payment was due, then you can sue until the child turns 21 years old. But the amount will be assigned within a three-year period. Therefore, if you contact the appropriate authority when the child is 19 years old, then payments will be made exclusively for the last two years, but no more than this period.
Statute of limitations in respect of child support
Current family law provides for monetary support not only for children, but also for the spouse. He can count on financial support if he is an invalid, disabled person who needs material support. Payments of this kind are due if:
- spouse's illness began during the marriage;
- disability was registered in the first 12 months after the divorce;
- disability occurred after a divorce through the fault of a spouse for three years.
In practice, the statute of limitations for the collection of alimony in such cases usually expires one year after the completion of the divorce proceedings. It extends to the right to foreclosure itself.
Experienced lawyers pay attention to this one more important point. The actual limitation period is limited to three years. But within the framework of the current enforcement proceedings, compensation is possible for no more than a year (with the exception of disability due to the fault of the spouse). The fact is that even during the marriage, the content took place. Therefore, compensation is no longer required for this period.
Prescription Alimony
You can go to court at any time until the child reaches the age of majority. It is important to remember that the calculation of payments will be made only from the date of application, but not from the birth of the child. Therefore, the later the lawsuit is filed, the shorter the actual payment period will be.
Prescription within the framework of enforcement proceedings
It is important to remember that the law provides for a certain period for the formation of an application to the court. Limitations exist in respect of presentation at the beginning of enforcement proceedings. Therefore, these two actions must be carried out simultaneously.
The actual prescription in the framework of enforcement proceedings is limited to a year after receipt of the writ of execution. But the specified limitation period does not apply to alimony debt. The writ of execution will end only when the child reaches adulthood.
Prescription forfeit
The court order may reflect both the amount of current debt and the existing penalty for alimony for the specified period. They accrue it for each day of non-payment. Its peculiarity is that the possibility of charging interest is provided exclusively for the assigned amounts. If there was a claim for accrual of payments for maintenance, the accrual of an additional penalty does not occur.
For each day of delay, all debt is charged at 0.5% of its amount. The peculiarity of the calculations is that they are kept for each month separately. The limitation period for a penalty for alimony is limited to three years, which is enshrined in the Civil Code. But there is an exception: the statute of limitations for a penalty on alimony is not valid if payments were not made through the fault of the defendant. For such cases, it remains possible to claim the full amount, regardless of the length of the period of non-payment under the current judicial order.
In rare cases, with the preservation of the statute of limitations on child support, a judge may reduce the amount of the penalty on an individual basis.
In fact, the actual statute of limitations in respect of the forfeit coincides with the same period for receiving alimony.
Statute of limitations under a court order
The legislation determines the exact time period for applying to the court, as well as for the execution of a valid court order. He is also equal to three years. In other words, despite the existence of a statute of limitations on child support debt, it is most likely that they will not be able to receive them three years after the relevant decision is made. And not all spouses are willing to make payments on a voluntary basis.
Prescription for non-payment of alimony
The limitation period for alimony debt implies the possibility of recovering certain amounts for past periods. It is equal to three years. In order to exercise this right, the plaintiff must, in the indicated period, attempt to receive funds outside the court. Moreover, such actions should have documentary evidence reflecting the avoidance of the second parent from payments.
That is, the penalty for alimony has a limitation period. Therefore, payments can be assigned both for future and for past periods. Recovery is possible for the three years preceding the filing of an application with the court, when the plaintiff took measures to resolve the situation on a voluntary basis, but he did not succeed in achieving any success.