The key facts

  • When first applying to court, alimony is awarded from the date of the application; for the past period — a maximum of three years (Article 107 of the Family Code of the Russian Federation).
  • If there is an enforcement document or a notarized agreement, the debt is recovered for the entire period of non-payment due to the fault of the debtor (Article 113 of the Family Code of the Russian Federation).
  • Alimony debt is not written off after the child comes of age.

Two different collection procedures

Alimony arrears can be recovered for the entire period of non-payment if the obligation has already been formalized in an enforcement document or a notarized agreement, and the money was not paid due to the fault of the debtor. Lawyer Olga Sulim told Gazeta.Ru about this. She emphasized that it is necessary to distinguish between two situations: the initial award of alimony and the collection of an already accumulated debt — the rules for them are different.

First application to court

According to Sulim, if a parent goes to court for the first time, as a general rule payments are awarded from the date of the application. For the preceding period, alimony can be recovered within a limit of three years, provided that the applicant proves they tried to obtain support while the other parent was evading it. This rule is enshrined in Article 107 of the Family Code. Attempts to obtain support can be confirmed by letters and correspondence with requests to transfer money for the child, so, as the lawyer recommends, it is important to keep such messages.

When the debt does not expire

If an enforcement document or a notarized agreement already exists, a different procedure applies: if there is non-payment due to the fault of the obligated person, the arrears are recovered for the entire period, regardless of the three-year limit. This is provided for by Article 113 of the Family Code. «The debt does not expire even after the child comes of age,» the lawyer emphasized.

Practical recommendations

Sulim also advised not to delay applying for alimony in anticipation of possible changes in legislation: neither the timing nor the final terms of such changes are known in advance. If a court decision has already been made but the money is not coming in, she recommended seeking a calculation of the arrears, keeping documents, and, if necessary, appealing the inaction of the bailiffs. Earlier, as the outlet notes, a case was reported in Tatarstan where an alimony debtor was found under a mountain of clothes.