Documents required to apply for child support. General rules and the necessary package of documents for filing for alimony

The article describes what to do if the father does not want to pay child support. You will also learn how to properly file an application for alimony and which organization to apply to.

Now, unfortunately, it is not uncommon that children do not grow up in complete families. According to statistics in our country, there are very high divorce rates among couples with minor children.
Because of the breakup of the family, children suffer the most, both morally and financially. After all, it is very difficult for one of the parents to support a family.
According to the legislation of Russia, the second parent is obliged to pay child support until he reaches the age of majority or up to twenty-three years (if young people receive education)
However, not everyone agrees with this and often try by all means to avoid paying the due amount to their baby. Let's take a closer look at all the issues related to the payment of child support.

What do you need to apply for child support?

Arranging child support is not an easy task. After all, the former spouses will need a lot of time and patience to come to a common agreement. You will also need to collect a package of papers for their subsequent submission to the relevant authorities.

There are two ways to issue alimony: through judicial institutions and at a notary. The second option provides for the conclusion of an agreement between the former spouses on the payment of one of them to help the child. The document is certified by an employee of a law office. To draw up such an agreement, you will need:

passports of the former - husband, wife
passport or birth certificate
divorce certificate

Alimony for a child. How to apply?

To file a claim in court for child support, you will need to provide the following documentation:

child support claim
plaintiff's passport
civil status document (certificate of marriage, divorce)
child's identity document
income statement
family document
documentation, checks that confirm that the defendant does not pay the required child support

IMPORTANT: If a person does not work, then this does not exempt her from paying child support. Monthly, cash transfers can be paid for a would-be parent by his relatives (brothers, sisters, mom, dad, etc.).

Procedure for issuing child support

As mentioned above, registration of alimony Can do it in two ways:

By mutual agreement
Through the court

In the first case registration procedure will be as follows:

preparation of a package of papers
former spouses agree on the amount of monetary compensation and the procedure for paying it
sign a contract with a lawyer
the notary certifies the contract, otherwise this agreement will not have legal force

Appeal to the courts:

Again, start by collecting documentation
Compile a claim in the place of residence of the plaintiff or defendant
The judicial institution will consider your application, and then notify you of the date of the consideration of the case
The meeting will decide
The case file will then be sent to the implementing agencies, which will ensure that the decision is enforced.

Appeal to the courts for the recovery of child support

Child support claim form

You will need to make an application only after collecting all the necessary documentation. After all, the lawsuit must indicate what documents you rely on to prove that you did not receive alimony, and that you lived together with the defendants, etc.

Make a claim as follows:

In the header of the application, on the right, indicate which court you are applying to (section, city of institution)
Next, write your passport details
Below is the name of the respondent.
In the middle, indicate the name of the document: Statement of claim for the recovery of alimony for the child (children)
Then write the main part of the application, which should indicate how much the defendant is obliged to pay you, the name of the child, the place of residence of all those involved in the dispute
Below, indicate which package of papers you provided for going to court
At the end, put the date, signature

How is child support paid?

It all depends on how you agree with your ex-husband. If he works for a company, then you can transfer money to a plastic card, current account. If your ex-husband is an entrepreneur, then he can transfer funds by postal order or give it to you personally. But when transferring money personally into his hands, be sure to give him a receipt that you received the money, so that in the future there will be no claims.

How to determine the amount of child support?

The money that one of the parents deducts for children can be set in different ways:

in a fixed certain amount, which is allowed to be paid both monthly and once in the full, established amount
as a percentage of salary: 25% for one baby, 33% for two, 50% for three
by donating certain property (real estate, car) or valuables

Instead of child support - real estate

What is the amount of child support for two children?

If a person who undertakes to pay alimony has a permanent source of income, then 33% of the salary for two children is deducted from her
If the parent does not have a fixed income, then he pays a fixed amount of money
If there is a farm, the father can give cash assistance in the form of food
It is also allowed to compensate for alimony with property (this was mentioned above)

Amount of child support for adult children

Children who have reached the age of eighteen are also, according to the law, entitled to receive alimony from one or another of the parents:

in the presence of a disability with which the child is unable to work
an adult child needs your help, but the concept of need is not at all described in the legislation

Alimony for children after 18 years old - who is entitled to?

Amount of child support for an unemployed child

For an adult, not working child, the amount of the allowance from one of the parents is determined in a fixed amount of money. It is determined by the parties themselves. In case of failure to reach an agreement between the parties, the amount is established in litigation.

What if the father does not pay child support?

If the father does not consider it necessary to pay alimony, then the recipient has the right to contact the bailiffs, or rather write a statement to them. The second application is written to the prosecutor's office. If there is a debt for more than 4 months, such a non-payer will be held criminally liable.

Video: child support - questions, answers

This duty is not born automatically. The process of issuing maintenance payments, although well-established, requires the plaintiff to have some legal knowledge and follow a certain sequence of his actions.

Who can apply for child support

Before, you need to know how to file for alimony, and you also need to make sure that the law allows you to do this. Russian family legislation clearly defines the list of citizens who can apply for alimony and count on the collection of alimony for their maintenance.

These are people who need financial support due to a change in marital status, that is, divorce:

children under the age of 18, legitimate or adopted (adopted);
those who have reached the age of 18, recognized as incapacitated or disabled (disabled, full-time students, etc.);
a former spouse who has lost his ability to work and cannot earn a living on his own;
ex-wife if she is taking care of a small child and is unable to work.

In addition, other needy relatives belonging to the payer's family members (grandparents, grandchildren, sisters, brothers), as well as his adoptive parents, guardians or educators, have the right to collect alimony for their maintenance.

These persons are not always able to file on their own, therefore, a parent (more often a mother) or an official legal representative acts on their behalf. These persons will also be considered recipients of alimony.

Voluntary agreement of spouses to collect alimony

Recently, a voluntary method of collecting and paying alimony is gaining more and more popularity - the so-called alimony agreement, concluded between the payer and the recipient.

Former spouses do not have to apply to the judicial authority with a claim and prepare an extensive package of documents. It is important for them to sit down at the negotiating table and peacefully resolve the issue of paying funds for the child.

If the spouses have reached an agreement on all points, then you need to draw up an agreement in writing on your own or seek help from a notary office or other law firm. They will help you draw up a document correctly and explain how to apply for alimony through an agreement.

The agreement must determine the exact date from which payments should be collected, establish their method and amount, and also reflect the procedure and timing for the production of cash transfers.

Video: ALIMENTY secret questions and answers, all the NUANCES of this delicate issue!

In order for the alimony agreement to become valid, as with a judicial executive document, it must be certified by a notary. The latter will check the correctness of the agreement, make sure that the parties are legally capable and that no rights (primarily the child) are violated by this document.

At the notary's office, the parties will be required to present passports, a document on legal marriage or its dissolution, metrics for the child - the recipient of alimony. It is not uncommon for a notary to ask the child support payer to provide proof of income from work in order to make sure that the agreement specifies an adequate amount of payment for the child.

If the former spouses failed to agree on alimony, then they will have to file a lawsuit with the judicial authority.

How to file for child support in a marriage or divorce

1. How to file for child support

As a general rule, a claim for alimony in marriage or divorce is filed with justices of the peace. It is not difficult to determine the number of the required court site - it should refer to the area of \u200b\u200bthe settlement where the alimony payer lives.

But family law reflects several exceptions regarding the jurisdiction and territoriality of filing such a claim.

An application for the recovery of alimony can only be submitted to a court of general jurisdiction (that is, to a regional, city or district court) if:

the former spouse not only categorically refuses to pay, but also hides for this purpose his location and income;
the claimant requires maintenance payments only in a fixed monetary amount and can substantiate her wish;
one of the parties to the previously concluded alimony agreement does not fulfill or violates its clauses.

In these cases, the statement of claim will be accepted only by a court of general jurisdiction - city or district.

Although the priority is to file a claim for alimony in the defendant's place of residence, the law allows for the rule of alternative jurisdiction here. This means that the plaintiff can file an application with the office of the judicial authority belonging to the area of his residence.

2. What to indicate in the application for alimony

After determining the place of filing a claim, it is important to understand how to competently and completely draw up a petition so that the court does not return it or leave it without movement.

Schematically, the statement can be divided into three parts:

Preamble (or header). Placed in the upper right corner of the document. It indicates: the name of the judicial authority, the personal and contact details of the plaintiff and the defendant (last name, first name, patronymic, address of registration and residence, telephone number), the amount of the claim (it is equal to the approximate amount of payments for 1 year).
Information block of the claim. This is the text of the application itself, which indicates that the plaintiff and the defendant are (or are not) married and are the parents of the child or children (the full surname, first name, patronymic of all and the date of birth). It must necessarily contain an indication that the children live with the plaintiff, and she provides them financially, and the defendant does not provide any assistance.
Resolution part. It sets out the stated requirements: the amount of alimony, the procedure and terms of payments recoverable from the defendant. The list of attached documents and the number of copies of the claim (at least three - to the judge, the plaintiff and the defendant) are also indicated here.

3. What you need to apply for child support

Separately, I would like to dwell on the issue of the amount of alimony payments. They are strictly established and fixed in the family standard. For the maintenance of one child, the alimony payer is obliged to give one quarter of his income per month, for two - a third of earnings, for three, four or more - half. Alimony payments are monthly, but can be paid in other time periods agreed in advance by the parties.
A fixed alimony payment can be appointed by the court in proportion to the subsistence minimum for that period and only in cases where it is difficult to recover as a share of the payer's income (non-permanent earnings, wages in kind or foreign currency, etc.).

The application for alimony must be accompanied by:

metrics confirming the birth of a child (children);
document on legal marriage (or its dissolution);
certificate from the housing office on the family composition of the plaintiff and the defendant;
a receipt confirming the payment of the fee;
a certificate stating the place of work of the defendant and the amount of his earnings;
other documents confirming the right to receive alimony and the declared amount of payment.

Procedure and result of consideration of a claim for the recovery of alimony

If the statement of claim is submitted to the office of the court reasonably, is drawn up correctly and contains all the necessary list of documents, then it will be submitted to the judge for consideration.

He, in turn, will set the date of the court session and invite the parties.

Judges of the peace have a widespread procedure for the so-called abbreviated consideration of a claim. This means that they have the right not to invite the parties, but to consider the petition without their presence and make their verdict. In this case, a court order is issued.

In the courts of cities, districts and other settlements, such a procedure for considering a claim is not popular. The judge necessarily invites the parties to the meeting, hears them, carefully examines the submitted documents and evidence, and only after that issues a decision. This will be a writ of execution.

These court decisions indicate: who should pay alimony, to whom, for whose maintenance, in what form, amount, from what date payments should begin to be made and when they will end.

It is on the basis of one of these documents that alimony payments will be subsequently withheld and collected from the defendant's income.

Who oversees the implementation

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Copies (but not copies!) of these resolutions must go to the plaintiff, defendant, to the bailiff's office at the payer's place of residence, to the accounting department at his place of work (if any).

It is the bailiffs who are called upon to control whether the court order is executed and whether funds are paid for the child.

In the accounting department of the enterprise where the payer works, on the basis of a writ of execution or a court order, monthly deductions are made from his salary. If the defendant does not work, then he must make deductions on his own.

How do I apply for child support and receive payments under a voluntary agreement? Exactly the same as in court orders. Copies of it must be sent independently to the bailiff service and to work with the payer.

Important points when applying for child support

You can file a claim for child support retroactively, that is, at any time. But only in the event that they have never been collected before and were not paid by the debtor under a court order or agreement. Even an adult child can apply for alimony from his father if they have never been collected.
But you need to take into account the rule of the statute of limitations: you can file a lawsuit at any time, but you can collect alimony only for the last three years.
You can refuse alimony by contacting the department of bailiffs involved in the relevant execution and writing a statement that the alimony amount has been paid in full or the claimant does not need them, as he is financially secure and has no claims against the payer. Your good financial situation will need to be documented.
Alimony can be reclaimed. For example, the plaintiff waived his claim for alimony and later decided to reclaim his rights to receive payments. The law allows their resumption on the basis of a previously issued court order. It will not be possible to renew alimony if the plaintiff wrote on the writ of execution with his own hand that the alimony was paid to him by the debtor ahead of schedule for the entire period in full.

How to file for child support online

your personal and contact information;
information about the payer;
territorial office of bailiffs, which should be engaged in recovery;
a photocopy of the court order or maintenance agreement.

If all actions are performed correctly, then after a while a notification will come from the bailiff service about the start of alimony recovery.

Alimony is monetary compensation intended for the maintenance of minor children, elderly parents or one of the spouses, which a person who does not take part in the upbringing or maintenance of a disabled person is obliged to pay voluntarily or in court.

Who has to pay child support?

Note that alimony relations are regulated primarily by section V of the Family Code of the Russian Federation.

Most often, alimony is paid for the maintenance of minor children, regardless of who they stay with. Today, it is not uncommon for fathers to raise their children on their own, and according to the law, mothers pay certain compensation (alimony) for their maintenance.
Elderly parents are also entitled to alimony, if they are recognized by the court as incapacitated or their pension does not correspond to the subsistence level.
One of the spouses who, through the court, is recognized as incapable of work (brings a common child up to 3 years old or is a disabled person of 1-2 groups) can count on alimony.

Let's take a closer look at how to apply for alimony, to whom they are entitled and what their amount can be. By following the links in the article, you can read in more detail about this or that aspect of the relationship.

Child support in 2019

Alimony for a child is the direct responsibility of the parent who does not live with him, and is paid to the parent involved in his upbringing, maintenance, treatment, etc. Until how many years do they pay child support? As a rule, until the age of majority, but there are exceptions.

The Family Code provides for the collection of alimony for a child even after the age of majority. In the event that the child is disabled or has become disabled after the age of majority (became disabled), the parents are obliged to support him, pay the amount of alimony determined by the court on the basis of a birth certificate issued by the registry office.

Child support is paid regardless of the material wealth of the parents, and their late payment or complete disregard is a criminal offense. Even if the father or mother is deprived of parental rights, they are required to pay alimony.

Monetary compensation, that is, child support, is at the disposal of the mother or father, on whose dependent the child remains.

Duty of children to support parents

Passport;
Marriage or divorce certificate;
Birth certificate of children;
Certificate from the housing department on the composition of the family (extract from the house book);
Full list of documents that may be required

If the marriage is not registered and the parent denies his paternity, then before applying for alimony, paternity must be proven and a genetic examination carried out, this will require an appeal to the district court.

Alimony for one of the spouses

If the payment of alimony is carried out on the basis of a voluntary agreement on payment, then the amount should not be lower than that assigned by the court. Depending on the financial situation and other circumstances, the amount of alimony may be reduced or increased, but only by decision of the courts.

The amount of alimony worries many, because the social comfort of a person in need of material compensation directly depends on it. The amount of alimony may vary depending on the marital or financial status of one of the spouses. If you think that the amount of alimony is not true, then you need to go to court.

The court considers the statement of claim, and the amount of alimony can be changed for both the plaintiff and the defendant. Alimony for two children is assigned at a rate of 33%, and if one of the children has not reached the age of 3, the court also assigns payments for the maintenance of the parent caring for the child. If there are children from different marriages, then the amount of alimony should be at least 1/6 per child.

The amount of alimony may change if one of the spouses changes marital status and a new family member takes responsibility for the maintenance of children.

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 talk about how to file for alimony, what documents should be collected 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 the Documents that must be provided:

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 alimony retroactively, 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;
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 minimum, 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 needed to apply for 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, he did not go out 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.