How to correctly apply to the elements. General rules and the necessary package of documents for filing for alimony

According to the requirements of the current legislation, both the mother and the father should be involved in the upbringing and maintenance of minor children. Unfortunately, statistics show that a large number of families break up and joint children remain with one of the former spouses. To ensure the decent maintenance of the child, the law obliges one of the spouses living separately to pay funds for children. Then the question arises: for how long can a wife collect alimony from her husband? In addition, many elderly parents are interested in how to apply for alimony for their adult son and daughter, what are the rules for this.

Important! If you yourself are analyzing your case related to filing for alimony, then you should remember that:

  • Each case is unique and individual.
  • Understanding the basics of the law is useful, but does not guarantee the achievement of results.
  • The possibility of a positive outcome depends on many factors.

Where to begin?

It is preferable when a former married couple can come to a mutual agreement on the amount and procedure for paying alimony, as well as fix obligations in an agreement that is notarized. However, if their relationship does not provide for an agreement, the court comes to protect the children. Then the amount of maintenance is determined by 2 methods: in shares of all incomes of the payer or in hard cash equivalent.

Procedure for filing for child support

The collection procedure differs depending on whether there will be a voluntary agreement between the parents or whether payments will be collected through a judicial authority.

  1. Voluntary fulfillment of maintenance obligation:
    1. The spouses draw up a payment agreement. This agreement by law must be certified by a notary, otherwise it will be invalid.
    2. The agreement must clearly spell out all the necessary conditions. The amount that the second parent will allocate monthly for the maintenance of the child must be indicated. In addition, the date is prescribed, it is on this date that one of the spouses (who pays) brings or sends the necessary amount by transfer. Payments can be either lump sum or periodic in the form of a fixed amount. You can also transfer some property to the child.
  2. Filing for alimony - enforcement:
    1. The spouse who does not receive payments must collect the necessary documentation for filing with the court. Then you need to pay a fee, for alimony it is not so big, you can find out the details and the amount of the amount in the court office.
    2. Make a claim. It can be printed out on a computer or written down.
    3. Take the claim to court. As a rule, the application is considered in the court at the location of which the defendant is located. Submit your claim to the court office with all paperwork. It is advisable to have a 2nd copy of the application, on which you will be marked that it has been accepted. Next, wait for the subpoena to the judicial authority, where at the meeting they will collect funds from the defendant for the maintenance of the child.

Where to file for child support

The best way to resolve the issue is an agreement, which is fixed in the form of a written agreement. Otherwise, in case of disagreement of the parties, there is only one thing left - this is an appeal to the appropriate state body. Where do you go to file for child support? It is necessary to go to the Magistrate's Court, which can be addressed in the order of writ or action proceedings.


Important! In the first case, an order for the recovery of alimony is issued within 5 days. So, if the defendant objects to it, this decision will be canceled.

After that, you will have to file an application in the order of claim proceedings. In these proceedings, the judge will issue a decision no earlier than one month from the time the claim was filed.

Required documents to apply for child support

When applying to the judicial authority in the order of writ proceedings, it is required to prepare an appropriate application for issuing a court order to recover the amount for the maintenance of the child. It must include the following:

  1. the address and name of the magistrate's court;
  2. Full name of the debtor and claimant, as well as their address of residence. In addition, it is worth indicating the date, place of work of the debtor and place of birth;
  3. alimony claims and related circumstances;
  4. the necessary evidence of the existence of the facts provided;
  5. documents in the form of copies that confirm the evidence presented.

The following documents must also be attached to the application:

  • two copies of the application;
  • receipt of payment of state duty;
  • a copy of the birth document of the child (children);
  • a copy of the marriage registration certificate;
  • a certificate from the local government that the children live with the applicant.

How to apply for a fixed amount of child support?

Art. 83 of the RF IC provides for situations where the amount for the maintenance of a minor child is collected in a fixed amount of money. The judge decides on the collection of monthly payments for the baby in a fixed amount, if one of the spouses:

  1. has no income;
  2. receives earnings in part or in full in the currency of another country or in kind;
  3. receives irregular or frequently changing wages.

Important! Demanding a fixed amount of alimony from the former spouse, the plaintiff is obliged to provide the judicial authorities with evidence that the defendant has the ability to pay the funds indicated in the claim for the maintenance of common minor children.

How much does it cost to file for child support?

Usually, payment of the state duty occurs on the eve of the appeal of the interested parties to the authorities, one of which is the court. Therefore, you need to figure out how much it costs to apply in Russia.

Tax rates are established by Article 333.19 of the Tax Code of the Russian Federation. At the time of filing claims, the fee is paid in the following amounts:

Amount Type of claim 150 rubles Application for withholding alimony 300 rubles Statement of property nature not subject to assessment Up to twenty thousand rubles (4 percent of the value of the claim, but the minimum amount does not exceed 400 rubles.) Statement of property nature 50 percent of the fee for applications of property nature orders

Important! The amount of the fee when filing a claim for withholding alimony is 150 rubles (Article 333.19 of the Tax Code of the Russian Federation). If the plaintiff requires the recovery of funds not only for children, but also for their own maintenance, in this case the amount of tax will double.

When can you file for child support? Terms of circulation

  1. You can file while you are married, as well as in the process of a divorce case, and even after a divorce.
  2. According to paragraph 1 of Art. 107 of the Family Code of the Russian Federation, a person entitled to receive payments may apply to a judicial authority with a claim for the recovery of alimony, regardless of the period that has elapsed since the appearance of the right to financial support, if the alimony was not paid earlier by agreement on the payment of alimony.
  3. Payments are awarded from the moment of applying to the court.

Alimony for the past period is collected within a 3-year period from the date of applying to the judicial authority, if it is established that before applying to the court, measures were taken to obtain funds for maintenance, but the amounts were not received due to the evasion of the person who is obliged to pay.

When can you reapply for child support?

In the event of the occurrence of circumstances that are provided for in Article 119 of the RF IC, you can apply for a change in the amount of payments or exemption from paying them.

Can child support be reclaimed? You can apply to the judicial authority with a statement of claim after the issuance of a decision or order to collect payments in the following cases:

  • reduction or increase in the amount of payments, if they are assigned in a fixed amount;
  • recovery of maintenance in favor of a parent entitled to receive cash payments until the child reaches 3 years of age and during pregnancy;
  • changes in the method of calculating alimony payments - from a share to a fixed amount or vice versa;
  • suspension of payments.

After the entry into force of the decision, a second claim for alimony cannot be filed, and all issues that are related to the default by the payer of obligations are resolved by the bailiff or judge, as part of the enforcement proceedings and at the request of the interested parties.

How to sue for child support: individual cases

  1. How do I claim child support for my mother or father?

    According to the provisions of the RF IC, adult children must take care of their mother and father of a disabled age, if their parents need help, and if necessary, pay a cash allowance, providing them with a decent life. Many people are concerned about the problem of in what situations it is necessary to pay maintenance payments to parents from children.

    A mother (or father) applies for child support for a son or daughter if:

    • people reaching retirement age;
    • parents have a disability of 1 or 2 gr., confirmed by a certificate.

    You can also force a son or daughter to pay a cash allowance for the maintenance of their parents on the following grounds:

    • the child reaches the age of majority, when he becomes an able-bodied citizen, and is far from retirement age;
    • the presence of family ties, having confirmation in the form of documents;
    • parents are disabled by court recognition and in need of financial assistance.
  2. Can I file for child support for my mother or father?

    Monetary obligations are established by the Family Code, which oblige to provide for their disabled relatives (both adults and minors).

    The immediate basis for filing for alimony is either a court decision or a voluntary agreement of the parties. Parents are required by law to support their needy disabled children. At the same time, this obligation arises from the very birth of the child and is valid even in the event of deprivation of parental rights.

    If an adult child is incapacitated for health reasons, his parents are obliged to pay alimony. In this case, the collection of funds from the father and mother is possible if two conditions are met simultaneously:

    • the child is disabled (the presence of a disability);
    • he is recognized as needy, that is, his income is lower than the established subsistence level.

Also, the father can collect maintenance from the mother for the maintenance of his minor child.

Important! Parents are obliged to financially provide for their minor children (Article 80 of the RF IC), therefore, the decisions of the judicial authorities on this issue are unequivocal.

How to sue for non-payment of child support? Court proceedings

What needs to be done in order for the debtor to be punished for non-payment?

  1. Apply to the court with a claim for the recovery of debt on monetary obligations. After satisfying the statement of claim, the court will issue a writ of execution directing to the bailiffs.
  2. Within 10 days after the receipt of the document, the bailiffs will be engaged in enforcement proceedings. It is their duty to take all measures to enforce the court decision and collect the debt.
  3. In the event that the actions of the bailiffs did not have the expected result, evading the payment of alimony, the debtor may be held criminally liable under the law. After 2 written warnings, bailiffs collect the necessary package of documents and information about the amount of debt, place of work, delay periods, income, and reasons for non-payment. Based on this, a criminal case is initiated.
  4. If the bailiff fails to take action to collect the debt and hold the debtor liable, the recoverer may submit to the bailiff an application to hold the debtor liable. In case of inaction of the authorities, complain to a higher bailiff about the inaction or actions of the bailiff.

It is not so difficult to apply for alimony, but in any case, it is worth considering the recommendations of professionals. If you are wondering how best to collect funds, seek the help of an experienced family law lawyer. He will not only help you correctly draw up an application and prepare the necessary documents, but, feeling supported, you will remain calm and reasonable in such an unpleasant procedure.

Share on social networks:


Often a single parent does not have enough money for the independent maintenance of a minor child. The emergence of such situations, Russian legislation has provided and developed a mandatory system for the payment of alimony.

In this article, we will try to answer the following questions in as much detail as possible: Is it possible to demand payment of alimony? When can you apply for child support? Where should you apply? What documents need to be provided? How much can you expect if you file for child support?

Before contacting one of the regulatory authorities, you should understand whether this is really so necessary. Many mothers act in the heat of the moment and immediately sue their ex-spouses.

However, they miss one important point, which is judicial order, they are very likely to be able to achieve only the minimum amount of alimony, which will be set on the basis of the official "white" earnings of the spouse, which, as a rule, rarely exceeds the subsistence level in the country.

As a result, the mother will begin to receive alimony regularly, but in a minimal amount. So, given that, according to the Family Code of the Russian Federation, one child is supposed to pay alimony equal to twenty-five percent of the total salary, and the father, according to the “white” accounting, has a monthly income of, for example, six thousand rubles, then by decision court, the mother will achieve the payment of alimony in the amount of one and a half thousand rubles. And today, as you know, such an amount is unlikely to play the weather when supporting a child.

In addition, the Family Code provides for several ways of voluntary payment of alimony, in which both the mother with the child and the father will benefit (read about them in the following sections).

Compulsory payment of alimony (through the court) is suitable in the following cases:

  • voluntarily (refuses to conclude an agreement on the payment of alimony);
  • The spouse does not have an official job and, referring to this, refuses to pay alimony;

The father's unemployed status does not relieve him of the obligation to pay child support.

Read more about the grounds for filing for child support in the next section.

Grounds for filing for child support

A mother can apply for child support in the following cases:

  • If the father completely refuses to support the child (being married);
  • The father refuses to allocate funds for the maintenance of a common child (after a divorce);
  • The father allocates insufficient funds for the maintenance of the child;
  • The father ceased to support the child after he was deprived of parental rights to him;
  • The father refuses to provide for the child after losing his job (although this does not relieve him of this obligation);

In order to require the father to pay child support, the mother must prove that her ex-spouse has such an obligation. And confirmation of such an obligation can be confirmation of paternity status. i.e. if spouse registered in, as his legal father, he is automatically considered his biological parent and acquires obligations to support the child.

Another supporting document may be a judicial act confirming paternity. In order to obtain such an act, the mother must independently apply to the court (at the place of registration of the father or at her place of residence) and file a statement of claim to establish paternity.

At the same time as filing a paternity claim, a mother can file a maintenance claim. It is not necessary to wait until the first claim is approved in this case.

Ways to get alimony

Depending on the circumstances, you can receive child support in one of the following ways:

  • Peacefully, by concluding an agreement on the payment of alimony;
  • By force, by filing a statement of claim for the recovery of alimony or an application for issuing an order;
Let's consider each method separately.

How to file for alimony peacefully?

You can avoid filing a claim for the recovery of alimony by agreeing on everything amicably. If the spouses manage to agree on the conditions for the payment of alimony, this must be fixed in the appropriate agreement on the payment of alimony.

In order for the agreement to have legal force, it must be drawn up before a notary. Both spouses must be present when the agreement is drawn up. If one of the spouses is not able to come in person (disabled), then instead of him, his legal representative should come to the notary.

The agreement on the payment of alimony must contain the following information:

  • Date (day, month, year) of registration of the agreement;
  • Details of the spouses (surnames, names, patronymics);
  • Prescribing the reasons for drawing up an agreement, namely, the payment of alimony;
  • In the main part of the document, it is necessary to prescribe the amount of alimony, the frequency of their payment, the circumstances in which the amount of alimony may increase, etc.;
  • The period of payment of alimony (until the age of majority, before marriage, until the child is employed, etc.);
  • Method of payment (cash / to a bank card account);
  • Prescribing the duties and obligations of the parties;

For example, advance notice of changes to the agreement.

  • Personal signatures of both spouses;

How to file for alimony peacefully, we have decided. But about what list of documents you need to prepare for this, read the next section.

List of documents for receiving alimony

It is required to file a claim if the father does not want to pay alimony at all or is ready to pay too little. In this case, going to court is unavoidable.

In order to receive alimony, you may need the following documents:

  • Document on the composition of the family;
  • Identification document of the applicant + its photocopy;
  • Birth certificate of the child + its photocopy;
  • Marriage Certificate/Divorce Certificate;
  • A document confirming paternity;

Attention

Such a document is required if the spouses have not officially registered their marriage.

  • A document confirming the residence of the child with one of the parents;
  • Application for issuance of a court order (if the spouses do not have contentious issues regarding the payment of alimony). The application prescribes the details of the applicant and the defendant, the amount of alimony, their regularity, as well as the very requirement to withhold alimony;

A sample application for issuing an order can be downloaded below or you can get a form to fill out by directly contacting the court.

  • Claimant's income statement;
  • A document in which all expenses for the maintenance of the child are presented;

Attention

Such a document can be drawn up both independently and with the help of a qualified legal specialist.

  • Other documents that may be required to establish the procedure and conditions for receiving alimony;

Additional documents may include various petitions for the recovery of documents from the plaintiff that could not be obtained peacefully (for example, a certificate of income).

In what instances you can apply for alimony, read in the next section.

Where to apply for child support?

Issues of collecting alimony (both voluntary and compulsory) are considered in the world and district courts. So:

  • If the spouses managed to resolve all disputes regarding the amount of alimony and the order of payment, then to apply for a court order, you should contact to the world court;
  • If spouses fail to resolve disputes about the conditions for the payment of alimony, you should contact to the district court while filing a statement of claim for the recovery of alimony;

Useful advice!

It is best to submit documents in person, but you can do it by mail (it is worth requesting a delivery notice to control the process). You should find out the reception hours and the order of admission in advance so as not to waste time in vain. It is impossible to apply for alimony via the Internet, since a lot of documents and their copies and the signature of the applicant are required.

How to file for child support?

The compulsory procedure for obtaining alimony implies a mandatory appeal to the court. However, the choice of court depends on the degree of agreement between the parties. So:

  • If the spouses managed to resolve all disputes regarding the amount of alimony and the order of payment, then to apply for a court order, it is worth contacting the Magistrate's Court;

This form of receiving alimony is the fastest, as it does not require hearings and additional deadlines for making a decision on the case and collecting alimony.

After filing an application for the issuance of orders, as well as a list required documents, the applicant is awaiting a decision. If the petition is satisfied, an order will be issued, which will be transferred to the bailiffs, who will control the timely payment of alimony.

  • If the spouses fail to resolve the disputed issues of alimony and fix this in the relevant agreement, then you should already apply to the district court, while filing a claim for the recovery of alimony;

Unlike the previous method, this one is particularly time consuming and costly. After filing a claim for the recovery of alimony, the judge will consider it, and then set the date for the first hearing (or preliminary meeting). If the spouses fail to reach an agreement at the first hearing, a second hearing, trial and decision will be scheduled.

In order to have a better chance of winning in a lawsuit, it is better to use the services of a professional lawyer who will not only competently draw up a claim, but also represent the interests of his client in a favorable light at court hearings.

How much can a child support recipient expect?

When seeking to receive alimony in one of the ways described in the previous sections, the applicant must know in what amount he can demand the payment of alimony. The amount of alimony will depend on how the parties agree. So, having concluded an agreement on the payment of alimony, the amount of payments is set by the spouses themselves and, as a rule, it is much more than that established by the court.

The Family Code of the Russian Federation protects the interests of minors. Chapters 11 and 12 indicate that parents should be responsible for their children - take care of their physical, mental and moral health, material well-being, educate, develop and provide an opportunity to receive a general education.

At the same time, both spouses must equally fulfill their parental obligations. In the event of a dissolution of marriage, neither the mother nor the father is released from the duty. Both of them must continue to feed, clothe, teach the child, constantly participating in his life.

Unfortunately, in practice it often turns out that the parent who, after a divorce, begins to live separately, withdraws from his duties of caring for and supporting the child. If you don't know how to resolve this situation, this article is for you. In it, we will tell you how to file for alimony, what documents you need to collect and how to write a statement of claim. We hope this information will help you in resolving your difficulties.

What is alimony?

Alimony is a legal term that refers to material resources that, in accordance with the law, one of the spouses must pay to the other for the maintenance, food and education of a common minor (and sometimes over the age of 18) child. Money or natural products can be given voluntarily or involuntarily, by a court decision.

According to the law, the payment of alimony for the maintenance of a child has nothing to do with the fact that the spouses are married. The obligation to financially support their offspring is born by virtue of motherhood and fatherhood. Therefore, the spouse has the right to sue for alimony, being in a legal marriage, not wanting to terminate it. Also, one of the parents can apply with a request to appoint alimony for the child, even if he is not married to the mother or father of the offspring at all. The law allows you to apply for alimony after a divorce, without a divorce, or in the process of dissolution of a marriage.

Financial assistance without an agreement

In the absence of disagreements between parents regarding the maintenance and upbringing of the child, there are several options for paying child support, including:

  • on a voluntary basis without drawing up an agreement;
  • on a voluntary basis on the basis of an agreement;
  • voluntary payment in the presence of a court decision.

The first option assumes that the parents of the child come to an agreement on the material support of the offspring without drawing up a formal contract and without going to court. At the same time, neither the order, nor the frequency, nor the amount of alimony is fixed in notarized documents. It is advisable to make a voluntary payment with the preservation of documentary evidence.

This can be done by opening an account in the name of a former spouse or child and transferring alimony to it or making a money transfer by mail. At the same time, it is important to correctly indicate the purpose of the money transfer, for example, "alimony for August 2014." You can also take a receipt that the funds have been received and there are no claims, but this is quite inconvenient.

Conclusion of a voluntary agreement on the payment of alimony

An excellent way out for both parents (for guardians or adoptive parents) of the child is to conclude an agreement on the basis of which the voluntary payment of alimony will be carried out. An official document certified by a notary will avoid conflict situations between former spouses. The agreement usually specifies the amount of money, the procedure and terms of their payments (monthly, quarterly, one-time, etc.).

Spouses can draw up such an agreement both during the marriage and after its dissolution. Alimony is established by agreement of the parties - in a fixed amount or as a percentage of the parent's income. A notarized contract can be transferred to the accounting department at the payer's place of work. To conclude an agreement on voluntary payments, it is necessary to prepare:

  • passport or other identification documents;
  • documents confirming the amount of alimony (certificate of income, etc.);
  • evidence establishing relationship between the parties.

The nuances of concluding an agreement

The agreement is drawn up and signed by the parties - the person obliged to pay alimony, and the recipient of the funds. The document must be notarized without fail, and after that it comes into force. The amount of alimony for one child cannot be less than a quarter, for two children - one third of the payer's salary or other income, and also cannot be less than the amount that the recipient could achieve in court.

This document provides for the indexation of the amount of alimony payment to protect it from inflation. The Agreement may be terminated by mutual agreement of the parties at any time. Any changes to its terms must be made in writing and certified by a notary. Unilateral refusal to fulfill obligations or changing the terms of the agreement is not allowed.

Application for a court order

If a parent ceases to pay child support, then the recovery will be carried out in an indisputable manner on the basis of a court order. For its execution, you must personally submit or send by registered mail an application to the justice of the peace. Copies of documents must be attached to it. The application indicates the fact of being married, the number of children and their data, the requirements of the recipient, the data of the payer, etc.

To sue for alimony to issue a court order, you need copies of marriage and divorce certificates, documents on establishing paternity (if the marriage was not registered), agreements on the payment of alimony. You will also need a certificate from the place of work of the unscrupulous payer.

In accordance with the norms of civil procedural legislation, the application will be registered and considered. Within five days, the judge will issue a court order to recover alimony without trial and summoning the parties to the meeting. After receiving the order, it must be taken to the bailiff or to the accounting department at the place of work of the defaulter.

Where to apply for child support? Statement of claim

If the spouse does not voluntarily pay alimony, refuses to sign the agreement and in every possible way avoids raising their child, the other parent should go to court. Where to apply for child support? The plaintiff should go to the justice of the peace at the place of his registration or at the place of registration of the defendant. In order for an application for the recovery of alimony to be accepted, it is necessary to prepare documents:

  • certificates of marriage and divorce (if any);
  • birth certificate of the child;
  • a certificate from the housing authorities confirming the fact that the child lives with the plaintiff;
  • income statements of the defendant and the plaintiff;
  • documents on the amount of deductions from the payer (if any).

When applying to the court, the plaintiff gets rid of the need to pay the state fee. What documents are submitted for alimony if the marriage has not been officially registered? In addition to the standard list of certificates, it is necessary to provide a certificate of establishment of the defendant's paternity (examination results). When applying to the court, an application is drawn up, which contains the name of the instance, information about the defendant and the plaintiff, the claims of the plaintiff, circumstances and a list of attached documents.

How to apply for alimony not only for the child, but also for yourself?

Article 89 of the RF IC indicates in which cases the spouses undertake to financially support each other. Women who are pregnant or raising young children (up to 3 years of age) have the right to sue their husband for alimony.

Also, a disabled spouse who is in need or caring for a disabled child has the opportunity to seek help from a justice of the peace. It should be remembered that if there is a need to collect alimony for your maintenance and for the maintenance of a common child, you will need to draw up two separate applications. In the first, the needy parent will appear as the plaintiff, and in the second, the child himself will appear.

Consideration of a claim in court

The statement of claim will be considered within 30 days from the date of its receipt at the site. During the trial, both parties, as well as witnesses, will be called to court. In the end, the judge will make a decision. As a rule, the claim is satisfied, often the court meets the woman, especially if her income does not allow herself and the child to provide everything necessary. The plaintiff and the defendant are given 10 days to appeal against the decision. If the parties have not filed complaints, the judge will issue a writ of execution, which will become the basis for opening enforcement proceedings.

How do I file for child support for my father? Very simple. If the child lives with the parent, and the mother does not fulfill her obligations for the material support and education of the minor, you should go to court, write a statement of claim and provide all the necessary documents.

Can I get child support without a divorce?

How to file for child support without a divorce? By law, either parent can do this if the other does not provide funds for the maintenance of a minor child. Alimony obligations of parents from a legal point of view have nothing to do with the institution of divorce. Art. 80 of the RF IC states that the financial support of the child is the direct responsibility of both parents, and it does not matter what kind of relationship they are in.

If the spouse does not fulfill its obligations, the second half has the right to write a statement of claim to the court, including demanding payments in a fixed amount of money. It's pretty easy to file for child support without a divorce. It is necessary to draw up a claim for the recovery of the necessary funds from the husband / wife to provide for the child and attach all the required documents. The amount of payments will be set as a quarter of the income of the negligent parent.

What should I do if my spouse refuses to pay child support?

Unfortunately, a situation often arises when the payer, despite the court order on the recovery of alimony, refuses to provide for the child - changes his place of residence, place of work, hides his income. In this case, he may be held administratively or criminally liable. The maximum penalty for evading the payment of alimony is imprisonment for a period of 1 year. Also, an unscrupulous payer will have to pay all penalties for the days of delay.

Instead of a conclusion

So, in this article, we examined not only how to file for alimony, but also how to draw up an agreement, what documents will be required when going to court, and how the procedure for issuing a court order differs from considering a claim in court. Based on the foregoing, we conclude: every parent, regardless of his desire and financial support, is obliged to support his minor child. The best way out is to come to a compromise and sign an agreement on a voluntary basis. In the absence of mutual understanding, you will need to file a claim for alimony. Your child should receive what is due to him by law!

Both parents are obliged to raise and support their minor children, but life circumstances sometimes develop in such a way that families break up. In this case, one of the parents, the one who takes responsibility for the children, can sue alimony or sign a payment agreement with the defendant. In different life situations, the procedure for filing a claim with the court is different and requires the collection of a certain package of documents. It is worth considering in detail what documents are needed to apply for alimony, depending on situations.

What documents are needed if the parents are married

It happens that parents have not yet divorced, but do not live together or simply do not live together. In this case, you can recover Documents that must be provided:

  • the passport;
  • application to the court;
  • birth certificates of children or their passports;
  • information about the composition of the family;
  • receipt of payment of state duty;
  • bank statement with account number;
  • Marriage certificate.

With this package of documents, you need to contact the justice of the peace at the place of residence of the defendant. In this case, the court will take the side of the plaintiff and oblige the defendant to take a direct part in the maintenance of the children.

If not, you can take it again at the registry office, this is not a reason to refuse payments. Just as in the case if the spouses live together, because this fact will be indicated in the certificate of family composition, it is enough to involve witnesses in the trial. It is very important here not only to consider what documents are needed for alimony, but also to confirm that the spouses no longer have a joint household.

After divorce

If the divorce has already been filed, then instead of a marriage certificate, you need to provide a court decision or a document confirming this fact. In the first option, the place of residence of the child is determined in the court order, respectively, a certificate of family composition is no longer needed.

It does not matter when the divorce occurred - the parent can collect alimony when he sees fit. In some special cases, you need to first find out which ones you need to collect. Because, for example, if a woman does not work for the reason that the child is under three years old, then the husband is obliged to support not only his offspring, but also his ex-wife.

The deduction of payments does not begin when the trial takes place, but from the moment the application is submitted. In some cases, the court may recover but more on that later.

Alimony and divorce at the same time

A fairly common situation is when divorce and alimony are issued at the same time. What documents are needed for alimony in this case:

  • statement of claim;
  • the passport;
  • certificates of marriage and birth of children;
  • a document confirming the right to housing;
  • income statement;
  • bank statement confirming the account number.

Thus, in the courtroom, the spouses can dissolve the marriage, determine the place of residence of the child and find out the amount and procedure for the payment of alimony prescribed by the court.

If the child is over 18

Even adult children need financial support sometimes. If, after the age of 18, a child cannot provide for himself on his own due to disability or his income does not reach the subsistence level, then alimony must be paid, but only if they are re-collected in court.

What documents are needed to apply for alimony to the court after the age of majority of the child:

  • passport of the plaintiff (if the child is capable, he can file a claim on his own);
  • birth certificate of the child;
  • statement;
  • confirmation of the disability of the child;
  • certificates of the child's income, allowances, pensions;
  • state duty.

Now it’s worth clarifying: despite the fact that the citizen is already 18 years old and has a passport, it must be submitted to the court because the defendant’s paternity is registered in it. If the child is studying at a university and he needs money for education, then the claim will be denied, because he can go to work and provide for himself.

If the child is a disabled person of the first or second group, it is necessary to clarify which documents for filing alimony to prepare as confirmation of this fact, for example, a medical certificate. If a child and his mother work, but their combined income does not reach the subsistence level, this may also be the basis for continuing payments.

Alimony for the past period

The mother of the child, who is raising him alone, retains the right to collect alimony for the past period. This is in the event that the spouses did not live together and she did not receive payments for a certain time. But according to the law, alimony can be collected only for the last three years.

What documents are required to apply for child support backdated? All the same as in previous cases, but you only need to provide all the evidence, letters, records of telephone conversations, testimonies of relatives that over the past three years the father has not helped the children or evaded his obligations, for example, did not get in touch with his ex-wife.

It is necessary to prepare all documents for filing for alimony and file a lawsuit in court, then the defendant will pay the debt for the last three years and current payments. And the bailiff will control the conscientious execution, respectively, if the debtor does not fulfill the obligations, he will be liable.

mutual agreement

Spouses can disperse peacefully and agree mutually on the maintenance of common children. But this fact must be legalized so that there are no mutual claims. What documents are needed for alimony in this case:

  • parents' passports;
  • birth certificates of children;
  • for the previous 3 months.

Only you should not go to court, but to a notary, so that he assures the mutual agreement. Here, a transfer of property in favor of your child, for example an apartment, can be registered as alimony, then you must provide a certificate of ownership of the property.

Procedure for going to court

So, in the Magistrate's Court at the place of residence of the defendant, you can apply for alimony. What documents are needed - described earlier. In some cases, you can contact the magistrate in your area if the father lives in another area, and it is difficult for the mother to travel with a small child.

Next, you need to correctly draw up an application, finding a sample is not a problem. The main thing is to clearly state all the requirements. If the case is non-standard, then, in addition to the main list, you need to think about what documents are needed to file for alimony so that the claim is correctly executed. You may need additional information or documents, facts and evidence, witnesses.

Also, the application should indicate what amount of payments the defendant undertakes to pay and in what order. For example, a percentage of wages or a fixed amount if the former spouse does not work officially or is an individual entrepreneur.

Re-appeal

If the defendant, after the court ordered him to pay alimony, evades his debt, then measures can and should be taken. First you need to contact the bailiff service with a court decision on divorce. And he must engage in recovery on his own, that is, to arrest his property and bank accounts. If the debt is more than 6 months and he does not work anywhere and does not own property, then a criminal case can be opened against him.

If he works and has property, then you can go to court again to recover the main debt and penalties from him. Documents for filing for alimony remain the same. But it is also important to confirm that no payments were made, for this, testimonies of relatives, bank statements are suitable.

Conclusion

Despite the fact that the legislation is the same throughout our country, it should be further clarified what documents are needed to apply for alimony in a particular case. Situations in each family are different, there are many nuances for each individual, so consultation with a lawyer will not be superfluous.

The Family Code of the Russian Federation establishes the equivalent duty of both parents to provide for common children. When one of them does not want to take part in the life of the child, it is necessary to conclude an agreement on alimony. But if the parties have not reached a consensus, and one of them refuses to comply with the requirements of the RF IC, a judicial settlement will be the solution to the issue.

In addition to one of the parents who can apply for support, a juvenile protection organization has such a right. This happens when the child is insufficiently supported and the parents fail to fulfill their legal obligations.

More about how to file a lawsuit for alimony What documents will be required for this and how long the court proceedings will take can be found below.

Understanding how to file for alimony, you need to familiarize yourself with the current rules. The submission of documents is fixed by the Code of Civil Procedure of the Russian Federation, the collection procedure is the Federal Law “On Enforcement Proceedings”. When making decisions on the recovery of alimony, the judiciary is guided by five principles:

  • Equality of all minor children to receive material support.
  • The duty of parents to support children in different shares.
  • Preservation of the need for parents to support common children both during marital relations and after their dissolution.
  • Compulsory consideration of court cases on alimony payments throughout the Russian Federation.
  • The obligations of parents for the material support of common children operate both with the official registration of relations, and without.

Most often, the need to sue for alimony arises precisely after the dissolution of the marriage. Parents terminated official relations, they do not have a joint household, and therefore the need to provide for the child falls on the parent with whom he remains. Therefore, it is very simple to prove the need for penalties from a parent who left the family.

A recoverer is a person in whose favor alimony is paid, a debtor is a person obliged to pay alimony on the basis of a court decision.

Less often, compulsory provision is required for children from parents who are married. However, when this happens, significant evidence and testimonials will need to be collected to confirm that the parent is indeed ignoring their obligations to provide for the family.

What to do if the relationship is not registered

The problem is particularly acute in the case of unregistered marriages. The sequence of actions is as follows:

  • the fact of paternity is proved through appropriate tests;
  • with a positive result, the information is entered into a genetic medical examination, which serves as an analogue of a birth certificate;
  • consideration of the case through a simplified or ordinary procedure.

The court system supports two types of procedures to obtain the recovery of maintenance payments. Simplified (when an order for collection is issued) and ordinary. In the first case, the creditor will be required to file for alimony with the court, provide documents and obtain an appropriate decision.

If the debtor appeals against this decision, then the case will go into litigation and require proceedings using evidence and the presence of the parties.

Mandatory production

Obtaining a court order for the payment of alimony is a quick and simple procedure in which the judge alone and in an expedited manner makes a decision based on the documents provided.

The consideration period is 5 days, and the presence of the parties to the case is not required. Writ proceedings are suitable for cases where the parents have no objections to alimony. Before filing an application, you should know that the judge has the right to appoint a payment only in a share of the defendant's income according to the regulated shares.

The payments themselves are regulated by Art. 81 of the RF IC and in 2020 are:

  • for one child - up to 25%;
  • for two children - up to 33.33%;
  • for three or more - up to 50%.

When withholding funds in favor of children, guarantees under Art. 139 of the Labor Code of the Russian Federation do not have legal force and a person may be charged half of the salary. Therefore, the total amount of penalties can be up to 70% of the total earnings.

Documents for order production

To draw up and send an application in writ proceedings, it is necessary to collect the following information about both the debtor and the applicant:

  • Full name, family composition;
  • place of residence;
  • information about sources of income;
  • information about children in care.

When issuing a verdict, the judge will be based on the specified data, the financial and marital status of both parties.

Claim proceedings

It implies openness and competitiveness in a dispute. Litigation is more universal: it is allowed to involve a lawyer, the plaintiff has the right to set the price of the claim, and the defendant has the right to defend himself in court, presenting evidence, and file appeals. Also, it is in the lawsuit proceedings that cases are resolved with the collection of debts on alimony for periods that were overdue.

Through claim proceedings, payments can be made both in fixed terms and in combination with accruals from income. This makes it possible to prosecute defendants with informal or intermittent earnings.

To start proceedings, the plaintiff needs to collect a number of documents. The case itself is considered in the body of justice and involves the holding of court hearings and the presence of both parties. Both parents have the right to provide evidence during the process, to make objections and explanations.

Documents for claim proceedings

Before you apply for alimony, you will need to collect a number of documents:

Originals:

  • information about the composition of the plaintiff's family;
  • if information is available - a certificate of family composition from the place of residence of the defendant;
  • justification of expenses for the maintenance of the child;
  • amount calculation.

Copies:

  • plaintiff's civil passport with pages on marriage registration and registration;
  • birth certificate of children;
  • certificate of registration or divorce.

These documents are attached to the application, the requirements for the content and form of which are regulated by Article 131 of the Code of Civil Procedure. Based on the application and the attached data, the judge will issue a verdict on the recovery of alimony.

Download a sample application to the court:

In the absence of marriage registration, it will be necessary to conduct a procedure to establish paternity. If both parents are included in the child's birth certificate, then only it will be involved, if not, everything will be decided through the mutual consent of the parents or genetic examination.

To consider the case, the testimony of both parents about the fact of paternity may be enough for the court, but if one of them does not agree, then a medical examination is appointed, the results of which are attached to the court materials.

In the table below, we have detailed how to apply for alimony to the Magistrate's Court - all actions are divided into stages:

Preparing copies

Civil passport of the plaintiff, birth certificate of a minor child and a document on the dissolution or marriage.

Contacting the housing office at the place of residence

It takes a certificate of family composition, which includes the characteristics of housing, a list of persons registered in it.

Appeal to the housing office at the place of residence of the debtor

If the place of residence of the debtor is known, then an application should be sent to the director of the local housing office to obtain a certificate. If the place of residence of the second parent is unknown, then a petition must be filed to establish the whereabouts of the defendant.

Collection of information about child support

The Code of Civil Procedure of the Russian Federation obliges the collection of information on the maintenance of a child. You can do this yourself, but it should be borne in mind that you will need evidence - checks and receipts, testimonies. To justify the costs for the future, references should be made to the officially fixed costs for past periods. For example, indicate the amount spent on food for a child, attaching checks for past months.

Collecting information about the debtor's income

This is especially true for individuals with unofficial or non-permanent sources. To receive payments for previous periods, you will need to indicate the movable and immovable property of the defendant. So the court will have the opportunity not only to confine itself to general phrases about the fact of payments, but also to indicate specific property that bailiffs can refer to when executing a sentence.

Making and submitting an application

On the basis of Article 126 of the Code of Civil Procedure of the Russian Federation, the document must contain the name and address of the court, the personal data of the defendant and the plaintiff, claims for the recovery of alimony and evidence, and the calculation of the price of the claim.

The plaintiff has the right to choose any court: both at his own place of residence and where the defendant lives. Documents must be submitted in triplicate, since one of them is transferred to the working materials, the second - to the respondent, the third - to the applicant.

After receiving the documents, the Magistrate's Court will put a mark on the registration of the case and assign it a number by which it will be possible to find out the date of the meetings and follow the progress of the process.

Issuance of judgment

During the regulated terms of the consideration of the case, an order is issued, or a decision on the claim, depending on the procedure. The applicant will have to wait until the end of the appeal period and receive a court decision when it enters into legal force. If the defendant appealed the decision to the Court of Appeal, the case will go to litigation.

Appeal to bailiffs

You must either immediately contact the bailiffs with an order if this is an order proceedings, or before that, receive a writ of execution if the issue was settled through a lawsuit.

When applying to these organizations and when submitting an application to the judicial authority, you must have a passport with you. There is no need to pay state fees and other fees to file claims proceedings.

The cost of filing a claim for child support

At the very beginning, you will need to pay a state fee, it is charged for filing a claim. The size of the state duty since the beginning of 2015 is fixed by the tax code of the Russian Federation. In accordance with article 333.19 of the Tax Code of the Russian Federation, a person has to pay 150 rubles. The amount may change. So, if the claim contains a requirement to collect alimony not only for children, but also for yourself, the amount of the state duty will increase to 300 rubles. In the case of filing a claim for the recovery of payments for the past period, the amount of the state fee will depend on the price of the application. The court can help in collecting alimony for the last 3 years.

However, the plaintiff does not have to pay the state duty on his own. The Tax Code exempts a citizen who applies to the court for the appointment of alimony from this payment. This means that you do not need to pay the state fee when filing a claim for alimony. The amount in the prescribed amount will be recovered from the defendant.

Briefly about the implementation of the process

The statement of claim or application for the provision of a court order must be submitted along with the documentation package. The action can be done in person or by mail. All documents must be submitted in 3 copies. One will be attached to the case, the second will be handed over to the defendant, the third will be stamped with a registration mark and returned to the plaintiff.

With its help, the applicant will be able to track the progress of the case and, as well as receive additional information, the list of which includes:

  • information about the judge;
  • date of the meeting;
  • time of trial.

Additionally, on the basis of the above norms, a person will be able to receive a copy of the court decision and an executive document. After the trial is completed, the appropriate decision is made. The rule applies if it is a lawsuit. If the process is carried out in the form of writ proceedings, a court order is issued.

Decisions made can be appealed. One month is given for this. If a person has an objection to the court order, he must state them within 10 days. After these deadlines are over, the applicant will be provided with court documents. They are legally binding and require immediate execution.

After a person receives a court order in his hands, he must go to the bailiff service. If a person is granted a court decision, he must apply to the court office. Based on the document, a writ of execution will be provided. After that, you will need to contact the bailiffs.

Terms of consideration

You can file for child support before the child reaches the age of 18. Funds will be credited immediately after the entry into force of the court order.

If an application is submitted for payments for several children, then the decision will be valid until one of them reaches the age of 18. After that, the court will reconsider.

The alimony cases are not subject to the limitation period, which is regulated by Art. 107 RF IC. If the parent seized the right to pay when the child was four, and applied to the court when he was already nine, then payments will be assigned until he reaches the age of majority. At the same time, the claim period is valid for applications for alimony for previous periods. That is, if in the past few years the debtor has not paid the due amount, then the parent has the right to seek its recovery in court if the debtor deliberately evades payments.

Child support litigation is an effective and reasonable step when one parent refuses to compromise on child support. The main thing is to comply with the regulated requirements and sequence of actions.