Good evening, I have the next question. The father of my child died, we are divorced. There is a child support debt. And a considerable debt. Can we forget about him?
And one more question. How to find out about inheritance. My husband's family is silent. Thank you in advance for your response. Elena. Permian.

The obligation to repay alimony debt passes to the heirs of the alimony payer

The place of residence of a citizen may be a residential building, apartment, service residential premises, specialized houses (dormitory, hotel-shelter, house of maneuverable fund, special home for single elderly people, boarding house for the disabled, veterans and others), other residential premises in which a citizen permanently or primarily resides as an owner, under a lease (sublease), lease agreement or on other grounds provided for by law (Article 2 of the Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice place of stay and residence within the Russian Federation").

To confirm the place of opening of the inheritance, the notary is presented with documents issued by the registration authorities confirming the registration of the testator at the place of residence (p. I, “Methodological recommendations for registration of inheritance rights” (approved by the Decision of the Board of the FNP from 02/27–28/2007, Minutes No. 02/ 07) (Extract))

Thus, you should contact a notary within six months from the date of death of the testator with an application for the issuance of a certificate of inheritance (the heir is your child). If there is no information about the presence of any property, indicate to the notary the need to exercise the rights provided for in Article 1171 of the Civil Code of the Russian Federation.

In addition, according to paragraph 3 of Article 7 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, information on the contents of title documents, with the exception of information on restrictions (encumbrances), generalized information on the rights of an individual to the real estate objects he has, extracts containing information about the transfer of rights to real estate objects, as well as information on recognizing the copyright holder as incompetent or partially capable are provided in the manner established by federal law, including to persons who have the right to inherit the property of the copyright holder under by will or by law.

Alimony. Collection, size "

How to collect alimony debt if the payer has left this world? Unfortunately, no one is immune from such a problem.

The article will discuss what happens to the debt in the event of the death of the debtor.

Payment amount

Depending on the choice of the plaintiff and the court, the amount of debt may be:

1. 1. Interest: If the defendant has a fixed salary, he pays a certain percentage of the income. One child receives a quarter of the income, two children receive a third, and more children receive up to half.

This is the total amount for all children, if the defendant pays financial support to two former spouses, each of whom will receive half to a quarter of the amount.

1. Fixed: If the defendant does not have a regular income, he agrees to pay a strictly fixed amount. This will provide for the child and prevent fraud on the part of the payer.

Any amount may be increased or decreased at the request of the parties. Each case is examined by the court separately, but in any case, the judge always takes the child’s side.

Also, assistance for children may not be paid if:

1. 1. The child becomes an adult or receives his own source of income. It is worth clarifying that in some cases the payment, on the contrary, is extended.

If a child is a full-time student and cannot go to work, he may qualify for financial assistance until graduation. If a son or daughter starts a family at the age of 16 and has their own business, the payment of money stops.

1. The child moves to the payer.
2. After the death of one of the parties.

Payments after the death of the payer

This question worries many recipients of alimony, especially if the other party does not particularly bother to preserve their life and health.

Often, neglect of life (alcoholism, extreme hobbies) is also associated with debts to pay alimony. In addition, often after a divorce the payer manages to start his own family and children, whose interests also need to be taken into account.

This is where the most difficult part comes, since each judge sees the solution to the problem in his own way. On the one hand, payment of benefits is a personal matter for the payer; they do not apply to his family or relatives, to whom the inheritance and his debts go after death. On the other hand, this is still a lot of money that needs to be paid, but not from the funds of the heirs, but from the remaining inheritance.

Take note: a minor child, even from another marriage, is included in the category of compulsory heirs and can claim a compulsory share.

If both it and the debt are large, this may affect the heir’s new family, especially if there are children in it - the court is obliged to respect their interests on an equal basis with the child from the first marriage.

Sometimes the court may consider that the part of the inheritance that is due to the child is quite sufficient to provide for it, and therefore the debt for financial assistance can be canceled. In other situations, the judge may decide that the alimony debt is not personal, and therefore should be completely or partially written off from the heirs.

Particularly difficult are more complicated situations, for example, when inherited real estate is seized due to non-payment of alimony. If one of the parties does not agree with the court's decision, they can file an appeal and documents in the higher court, and the decision will be changed.

Unfortunately, even the most experienced lawyers cannot always accurately predict the outcome of a case. They can only help achieve the most fair and beneficial decision or appeal it later.

Important aspects

1. 1. According to the letter of the law, arrears in alimony payments are a debt not connected with the person of the deceased, and therefore must be paid by the heirs.

In this case, the money must be allocated from the transferred property of the payer, and not from his own funds. In addition to the full amount, they can pay the assigned portion.

1. 1. Quite often, heirs try to resolve the financial issue on their own.

This is due to the fact that inheritance often includes real estate, the division of which can be problematic: how to separate or sell a third of a two-room apartment? In order not to deal with a lengthy trial, the heirs on both sides prefer to solve everything on their own, for example, make payments.

The death of an alimony payer not only brings grief to the family, but also some confusion in his inheritance affairs. When going to court for a settlement, you must clearly and distinctly describe your situation and attach all available evidence of your claims in order to get a result. But it’s much easier to try to resolve everything peacefully among ourselves.

Watch the following video for advice from a lawyer on how to collect alimony debt from the heirs of a defaulter:

The death of a close relative is a difficult and sad event in the life of every person. The hassle associated with burial takes a lot of effort. After this, it takes some time to get used to life without a loved one, to this loss.

From a legal point of view, the death of a person entails a change in all his legal relationships, most of them are terminated, others are just beginning (assistance from the state for burial), and others are transferred to his heirs.

Debt for alimony after the death of the debtor only exacerbates emotions and gives rise to many conflicts and questions. After all, from the point of view of the average person, it is impossible to force a debtor who is no longer alive to pay. Then who is obliged to pay arrears of alimony after the death of the debtor? Which of your existing debts are subject to mandatory payment and which are not? Let us consider in detail all the features of this state of affairs.

In order to answer the question, if the alimony debtor dies and who pays the debt, it is necessary to clarify the very definition of debts left by the deceased.

According to the interpretation of the Civil Code of the Russian Federation, the inheritance includes not only property, material wealth, income from one’s intellectual works, but also property-related obligations. They are distributed among the heirs within the limits of the value of the inherited property.

But not all debts will worsen the lives of the heirs. Debts that are inextricably linked with the personality of the deceased cannot be transferred to heirs.

Recipients of benefits are usually dissatisfied with the termination of alimony payments due to the death of the debtor.

Alimony debt is regulated in a different way, like other debts, for example, credit, and judicial practice still indicates the presence of discrepancies in its system:

1. Some magistrates, refusing to pay a plaintiff arrears of alimony after the death of the debtor, refer to Article 120 of the Family Code, which classifies the death of the debtor as a reason for termination of payments.
2. Other justices of the peace proceed from the fact that, yes, the obligation to pay has ended, but this does not apply to the debt accumulated due to the testator’s failure to fulfill his obligations enshrined in a court decision or in a voluntary agreement.

Moreover, the funds that should have been used to pay financial support amount to the amount recognized as illegal enrichment of the deceased.

Therefore, the answer to the question whether alimony debt is inherited will be positive.

It is necessary to understand that in this case we mean all types of alimony, and not just assistance to minors. In addition to these recipients, parents, wives, and other persons to whom the breadwinner owes debt during his lifetime have the right to apply for funds.

To avoid confusion in this matter, it is necessary to clearly separate two concepts: monthly payments in the form of alimony and the payment debt accumulated during their absence.

Who exactly will be obligated to pay child support arrears? The civil legislation of the Russian Federation gives a clear answer to this question: the one or those persons who will assume the rights to inherit the property of the testator after his death. They will bear this responsibility jointly, that is, they will divide the amount of debt among themselves in proportion to their share of the inheritance.

They have the opportunity to voluntarily pay off the debts of the testator, and if this does not happen, they will be obliged to execute the court decision.

If the child simultaneously acts as an heir, then the debt is canceled and the recipient inherits all the property.

There are situations when the recipient of alimony will have to come to terms with the fact that he will never see the money. This outcome will occur if the alimony provider does not have any property, or if he has transferred it to another person.

The first step to receiving funds is to notify the bailiff of the death of the debtor. This is necessary to calculate the amount of debt, since after death they will no longer be accrued, the writ of execution will be completed.

In order to receive the funds due in the form of child benefits, the claimant must file a claim in court. This should be done no earlier than six months after the mournful event, when the heirs have already visited the notary’s office. But it is also unacceptable to delay this action; three years after death, the applicant will have no chance of collecting the debt.

If he knows exactly the heir of the deceased, then the application is submitted at the place of residence of this person. If there are several heirs, or the plaintiff does not have information about them, he has the right to file a claim at his place of residence. And the court itself will sort it out, determine and find these heirs.

Before visiting the court, the applicant must prepare as many documents as possible confirming his claims, such as:

1. A legally significant document fixing the amount and procedure for alimony payments. This will be either a bilateral agreement on payment of alimony or a court decision.
2. A certificate from the bailiff service about the period (when the last payment was) and the amount of the debt. If the agreement or court decision establishes a specific amount of the penalty for late payments, then its amount must also be recorded in the document.
3. If during the life of the debtor the plaintiff did not apply to the bailiff service, it is necessary to independently collect all this evidence. Witness testimony will also come in handy.

Depending on the specifics of the situation, other documents may be needed.

When the necessary documents and certificates have been collected, you need to correctly and competently fill out the statement of claim.

It must contain the following information:

• when, by whom and in what amount were alimony payments assigned;
• to whom they were issued;
• the period from which payment ceased to be received, the date of the last payment;
• the amount of the calculated debt and the amount of the penalty, if any;
• the demand for payment of debt addressed to the heirs;
• list of attached documents.

The basic rule when drawing up a claim is that the more detailed the information is presented, the greater the chances of success.

Do not forget that defendants are unlikely to show optimism when they learn about the need to pay the debt for the defaulter. They will have to prove the absence of debt; this is their burden. The heirs will try to provide the court with documents that would force the judge to take their side.

As they say, in court the party that is better prepared wins.

Alimony relationships are regulated by several legislative acts:

1. First of all, this is the Family Code of the Russian Federation, which establishes concepts, definitions, and grounds for this type of benefit.
2. The Civil Code of the Russian Federation regulates the fundamental principles of debt obligations and inheritance law.
3. The Code of Civil Procedure prescribes the procedure for applying to the courts and regulates all actions taking place in the courthouse.
4. The fundamentals of notary legislation apply in the event of concluding or amending an agreement on alimony obligations.

In addition, various Resolutions of the Plenum of the Supreme Court of the Russian Federation, reviews of judicial practice and other clarifying regulations have a great influence on the adoption of a judicial decision.

Despite the existing discrepancies in the requirements of the law, when some magistrates side with the heirs and refuse to satisfy the claim, the majority of such proceedings still end in favor of the plaintiff.

If the heirs know exactly the amount of the deceased’s debts, including alimony, before the inheritance is formalized, they can refuse it, and then they will not be obliged to repay all the debts of the deceased. This option will definitely not please those to whom the deceased owes money, but everything will be according to the law.

After this, the heirs are obliged to comply with the court decision. Moreover, they must fulfill it precisely from the hereditary mass, and not at their own personal expense.

There are many options for doing this:

• cash;
• shares and other securities;
• personal belongings;
• money received from the sale of real estate;
• personal belongings of the testator.

In real life, situations sometimes occur when, after the death of the debtor, it turns out that he bequeathed all his property to the recipient of the funds. In this case, the obligations will be canceled, even if the entire amount of the inheritance is insufficient to pay off the debt.
Arbitrage practice

As we have already said, the court’s decision is largely based on the vision of the situation by a particular judge. Such concepts as “complicate the financial situation”, “evaded payment of alimony”, “dishonest behavior” are subject to a subjective assessment by the court.

But alimony relationships are so diverse and ambiguous that even without the influence of the judge’s opinion, the practice on them is very extensive and varied. Let us give a few examples that eloquently prove this.

The first example: citizen M. approached a lawyer with a request to help her achieve payment of her alimony debt. The situation is as follows: the ex-husband, by court decision, had to pay maintenance for their two common young children. But, over the past two years, he has avoided fulfilling his parental duties in every possible way. The amount accumulated is considerable, more than 500 thousand rubles. A man died, and his ex-wife wants to collect a debt from his heir, who is his widow. Citizen M. also hopes for continued monthly payments for children from the widow.

Lawyer's answer: since child support payments are considered personal obligations (clause 1 of Article 418 of the Civil Code of the Russian Federation and clause 2 of Article 120 of the Family Code of the Russian Federation), their effect terminates with the death of one of the parties to the obligations. That is, you should not hope for continued payments. You can apply for a survivor's pension for your child, so he won't die of hunger.

However, this does not apply to debts for these payments accumulated during the life of the debtor. The Supreme Court of the Russian Federation in paragraph 3 of the “Judicial Practice in Civil Cases for the 3rd Quarter of 2013” ​​explained that the obligation to pay the resulting debt is regarded as a debt not related to the personality of the testator, and accordingly passes to his heirs. That is, it is possible to recover a debt amount of more than 500 thousand rubles.

The second example, which clearly proves the presence of contradictions in domestic legislation: a woman went to court, whose late husband owed her a decent amount of money for child support. Immediately before he died, the boy’s father agreed to pay off all debts to them, but did not have time to do this. After the funeral, the applicant met with her husband’s widow and his daughter from his second marriage, where they agreed to divide the amount from the sale of the apartment into three equal parts. It seemed to the judge that this was not enough, although the amount from the sale of 1/3 of the apartment fully covered the amount of the debt, and she ordered the widow and her daughter to pay 1/3 of the amount of the debt to the applicant.

At the same time, a court located in another region of Russia makes a directly opposite decision in a case whose circumstances were absolutely identical to the above. Initially, the court accommodated the woman and ordered her father's widow to pay the alimony debt for her daughter. But a higher authority overturned this decision, citing the fact that the girl already received a share in the inheritance and could not claim a monetary payment.

Let's summarize:

• unlike alimony itself, debt on it is subject to collection;
• the obligation to repay the debt falls on the heirs of the deceased;
• the optimal solution is the voluntary fulfillment of their duty by the heirs;
• before going to court, it is necessary to collect as many documents and certificates as possible confirming the right to the amount of the debt;
• if the recipient of alimony is also the heir of the deceased, then the request for payment of the debt will be denied;
• alimony debts can be claimed by any of the recipients, and not just the representative of the minor;
• after three years after the death of the debtor, that is, the expiration of the statute of limitations, nothing will be recovered.

I would like to hope that you will never encounter a situation where you need to collect alimony debt.

​The death of a person is always an event that brings sorrow. Legal science connects the fact of death with the emergence, change or termination of any civil legal relations with the deceased or with persons who were in them until that moment.

When considering such cases within the framework of family law, in particular in cases of alimony collection, lawyers often cannot give a clear answer to the question: “Who should pay the debt after the death of the person bearing such an obligation.” We will try to answer this question in accordance with the norms of current legislation.

What does the law say?

Judicial practice on issues of unpaid alimony is based in most cases on the individual opinion of judges, according to the precedents of specific regions. Some magistrates define the existence of a debt as an obligation that requires payment regardless of the circumstances, others refer to the norms of the Family Code of the Russian Federation (hereinafter referred to as the RF IC), in particular to Article 120, which directly indicates the termination of any payments, since the person bearing this obligation is larger No. So who will pay the alimony debt after the death of the debtor?

Indeed, guided by the general rule, the death of a person obligated to pay alimony indicates that relations of an obligatory nature must be terminated, because they are, first of all, of a personal nature, which means that their execution according to the law cannot be entrusted to another person. However, cases of debt formed before death are defined as debt that does not relate to personal obligations, and, therefore, is subject to recovery in court from persons who are heirs of the deceased.

What is legally included in the inheritance?

In the inheritance mass, according to Art. 1112 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), includes the property and things of the testator that belonged to him at the time of his life, as well as property rights and obligations of a material nature. The right to alimony, as well as the right to compensation for harm, are not included in the inheritance. Therefore, the transfer of obligations to persons who are heirs is prohibited.

Article 128 of the Civil Code of the Russian Federation, which contains the definition of objects of civil rights, includes in the total mass of the inheritance not only things, but also:

• intellectual property products;
• money in cash and non-cash form;
• securities on a documentary and non-documentary basis;
• property rights;
• intangible benefits;
• obligations of a property nature that must be borne by the heirs jointly, within the limits of the value of the property inherited by him.

Features of judicial consideration of a dispute

When filing a claim for debt collection through the courts, persons who have entered into an inheritance must be prepared and know for sure that they have presented the entire package of documents indicating the actual existence of such a debt.

The evidence that plays an important role in making a court decision should be:

1. decision of the magistrate to satisfy the claim for alimony;
2. availability of a notarized document confirming the payment of alimony, if the decision on payments was made on a voluntary basis;
3. documents available to the bailiff, confirming the amount of money (to be paid and actually paid), the frequency and methods of payment (by postal transfer, by bank details, by courier or through the bailiff);
4. bank card statements with existing transactions taken from the recipient’s accounts;
5. receipts, alimony receipt schedules, notary records, etc.

It is important to know that modern legislation assigns the active role of proving the absence of debt from the testator to the person who became the owner of his inheritance through a will or according to the principle of legal transfer of property in accordance with the order of inheritance. The recipient of alimony, on the contrary, is only obliged to present in the process only all the facts indicating the existence of the debt.

Therefore, the forces in the dispute must be distributed correctly, and before starting to participate, we must not forget that there are many legal sources that serve as great support for those who really need their real application.

Conclusion

The debt to pay alimony amounts accrued before the death of the testator is an obligation expressed in monetary terms, which is similar to a loan, does not imply forgiveness, and is subject to payment from part of the property of the person who received it on the date of opening of the inheritance. This situation is also supported by clarifications of the Supreme Court of the Russian Federation, in particular, determination No. 81-KG13-14 and a review of court practice based on the results of work for the 3rd quarter of 2013.

The death of a person is always a tragedy, but not in all cases it ends his debt obligations, shifting them onto the shoulders of loved ones. Common situations include alimony debt after the death of the debtor and subsequent claims of recipients against the heirs of the property.

At first glance, the latter have no reason to worry. The parties to cases of alimony payments are the parents and the child; the relationship does not provide for their replacement, and upon the death of one of the participants, all penalties cease. However, even during the life of the payer, a debt is often formed. Children (or parents in care) can apply for it in full.
Legal grounds

Jurisprudence interprets death as a factor in changing the existing legal relations of the deceased with other persons. Some of them cease, others arise, and others are transferred to relatives and heirs. However, in the immediate situation there is often a conflict when lawyers cannot give an unambiguous interpretation on the issue of payments due to alimony recipients.

Thus, Article 120 of the RF IC indicates cases of termination. These include:

• majority;
• adoption or adoption, shifting responsibilities to new parents;
• termination of ability to work and need (if payments are made in favor of a person corresponding to the categories);
• death of one of the parties (payer or recipient).

So, death is one of the reasons for the termination of alimony obligations and related payments, without implying their redirection to other persons.

At the same time, the debts of the deceased, as well as other inheritance legal relations arising after death, are regulated by the Civil Code of the Russian Federation. According to its article 1112, the inheritance unites not only property, but the rights and obligations of the deceased, including his debts.

As a result, the heirs bear the costs of alimony debt, evenly distributed among all participants in the inheritance.

Procedure for judicial appeal

After the death of the payer, the recipients must notify the bailiff responsible for the execution of the case. Payments will stop coming, accumulating a fictitious debt that can be challenged in court in the future. Proof of death is a death certificate.

At the same time or later, the bailiff must submit a statement calculating the debt generated at the time of death. The settlement document will become evidence, allowing you to collect arrears of alimony after the death of the debtor from his heirs.

Then the application for debt collection is submitted to the court. The claim lists all the heirs of the deceased. According to Article 1175 of the Civil Code of the Russian Federation, they are assigned cumulative liability with a proportional distribution of debt.

Another legal basis for the application may be Article 1102 of the Code. It indicates the fact of illegal enrichment at the expense of unpaid alimony, which can be requested in court. Current practice is in favor of the plaintiff; usually judges oblige the heirs to cover the alimony obligations of the deceased.

Before the trial, it is necessary to prepare a package of documents. The decisive arguments here are:

1. Court orders or orders requiring the payment of child support. An alternative is to have it certified by a notary.
2. Documentation from the bailiff service, including the writ of execution determining the amount of payment, income schedule and current debt.
3. Other certificates and documents indicating alimony obligations and debt. These include checks, bank statements, various kinds of receipts, and receipts.

It should be remembered that the burden of proving the absence of alimony debts remains with the legal successors of the deceased, regardless of the reasons for receiving the inheritance, whether by law or will. Recipients of payments must only provide the court with certificates demonstrating the existence of debt accumulations.

Responsibilities of heirs

When making a decision regarding the alimony debts of a deceased citizen, the judge is guided by his own opinion, taking regional precedents as a basis. Some of them provide for the obligations of heirs. Others, on the contrary, relieve them of any payments, motivating the verdict by Article 120 of the RF IC, which terminates alimony legal relations as a result of the death of a child or parent. Neither plaintiffs nor defendants are guaranteed 100% success.

Thus, the law clearly states that alimony is payment of financial assistance to a minor or disabled person. The participants in this relationship are only the parents and the child; no third parties bear any obligations. At the same time, recipients have every right to claim lost funds by making claims in court. In this instance, the accumulated payments are interpreted as the debt of the deceased, which in turn, as well as other rights and obligations of the deceased, are transferred to the heirs.

The concept of inheritance includes all things, property and material obligations that become the property of recipients after the death of the testator. In practice, this list combines:

• funds, cash and non-cash:
• shares and other securities;
• real estate objects;
• intellectual property, such as rights to literary works;
• things;
• intangible values;
• material obligations evenly distributed among inheritance recipients.

Arbitrage practice

So, in the situation of collecting alimony debt from the heirs of the payer, several sources of law appear, represented by articles of the Insurance Code and the Civil Code. The current judicial practice is characterized by uncertainty when each party can count on success. Preliminary preparation, consisting in providing a full package of accompanying documentation, will allow you to turn the situation in your favor. It includes:

• a court order or settlement agreement on alimony;
• certificates from bailiffs confirming or denying the receipt of payments, here are the established regulations, amount, payment procedure;
• evidence of transfers in the form of bank statements from accounts and cards for a specific date, receipts and checks;
• notarial records, if they were provided for in the alimony agreement between the parties.

As the listed documents are provided, the judicial chances of each participant increase. As already mentioned, the burden of proof remains entirely with the heirs of the deceased, but the real picture requires active action on the part of the recipient of alimony.

So the heir or heirs can present documents confirming the absence of any debt obligations, and in the absence of refutations, the court may well take their side. As a result, even the slightest certificate matters, and the more the participant in the proceedings submits them to the court, the greater his chances of success. Legal support would also be useful, especially if we are talking about a large sum, when the potential result is worth the trouble.

There are often situations when the only person who inherits the property of the deceased is the recipient of alimony payments. In this case, the recipient and the payer are combined into one person and all obligations are automatically canceled.

Summarizing all of the above, three main points should be noted:

1. The Family Code clearly terminates the payment of alimony in the event of the death of the payer.
2. The Civil Code imposes debt obligations on heirs, including those related to alimony debt.
3. The decision is made by a specific judge, guided by one of the norms and case law in the region.

Most often, plaintiffs receive the payments required by law. The debt is repaid in cash, distributed among all heirs. If it was not possible to achieve global agreement, we will have to fight for it. In any case, success is facilitated by activity, collection of necessary documents and legal knowledge.