Recovery of child support

Is it possible to collect child support by order (the child is 2 years old)? Is it possible to collect alimony for the maintenance of the mother with whom the child lives?

By virtue of a direct indication of the law, a court order is issued if a claim is made for the recovery of alimony for minor children that is not related to the establishment of paternity, challenging paternity (motherhood) or the need to involve other interested persons (Article 122 of the CPC), the recovery of alimony for the maintenance of the mother by court order is not provided by law.

The judge has the right to issue a court order if a claim for the recovery of alimony for minor children is not related (paragraph 5 of Article 122 of the Civil Procedure Code of the Russian Federation):

• with the establishment of paternity;
• challenging paternity (motherhood);
• the need to involve other interested parties.

That is, despite the fact that the court order is not directly specified in the RF IC, such a document should be accepted for execution in the same way as the writ of execution. A court order is issued without a trial and summoning the parties to hear their explanations (Part 2 of Article 126 of the Civil Procedure Code of the Russian Federation). On the basis of a court order, alimony for minor children cannot be collected in a fixed amount of money, since the solution of this issue involves the need to verify the presence or absence of circumstances with which the law associates the possibility of such a recovery (hh. 1, 3 art. 83, part 4 art. 143 of the RF IC).

In some cases, the judge may refuse to satisfy the application for a court order. This is possible, in particular, in cases where:

the debtor's place of residence or location is outside the borders of the Russian Federation;
documents confirming the claimed claim have not been submitted;
a dispute about the right is seen from the application and submitted documents;
claims for the recovery of alimony for adult disabled children or other family members have been filed;
the debtor pays alimony by court decision to other persons or they are paid according to other enforcement documents.