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What are the documents on the elements. List of required documents for registration of alimony. What documents are needed 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 big number 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 parents old age I am interested in how to apply for alimony for my adult son and daughter, what are the rules for this.

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 should 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 up statement of 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 local authorities 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 of maintenance minor child charged in hard cash. The judge decides on the penalty monthly payments on the baby in fixed size 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 evidence to the judicial authorities 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:

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 the judicial authority with a claim for the recovery of alimony, regardless of the period that has elapsed since the appearance of the right to monetary maintenance, 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 past period collected within 3 years from the date of application to the judicial authority, if it is established that prior to the application 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;
  • collection 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 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) files 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 that are confirmed in the form of documents;
    • parents are disabled by court recognition and in need of assistance 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 collection of funds from the father and mother is possible if two conditions are met simultaneously:

    • the child is unable to work (the presence of a disability);
    • he is recognized as needy, that is, his income is lower than the established living wage.

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

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

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 required package documents and information about the amount of debt, place of work, delay periods, income, as well as 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 interested in how best to recover funds, seek the help of an experienced lawyer on family law. 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.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

In order to understand what documents to prepare for child support, it is necessary to decide how we will negotiate the receipt of alimony.

If we can agree amicably and independently determine the amount and amount of payments, then we need to go to a notary. On hand, you must have original identity documents, a marriage and divorce certificate, a child's birth certificate and income certificates in the 2-NDFL form and on the composition of the judge.

If it is not possible to reach a peaceful agreement, we go to court, here we have two options, a quick one and a long one. If we choose the fast option, we will try to get child support through a court order. You will need to add an application for a court order to the documents above.

In the event that the court order was rejected by your former spouse will have to prepare for litigation. You need to prepare a claim.

You will learn more about what kind of documents and how to prepare them below.

Currently, the issues of collecting alimony for the maintenance of children and for their own maintenance in the event of a divorce between spouses are relevant.

This article will highlight the nuances of presenting a statement of claim for the recovery of alimony, determined required list documents, as well as the procedure for interacting with bailiffs after a court decision.

What documents are needed to receive alimony?

The answer to this question can be obtained by determining the procedure for collecting alimony. Maintenance per child or adult may be collected in court or outside judicial order. The pre-trial procedure involves the conclusion of an agreement on the provision of maintenance to a child or an adult.

Agreement on the payment of alimony without fail certified by a notary. If the form is not observed, the agreement is considered void, that is, the rights and obligations of the parties under the agreement are considered not to have arisen.

If you and the alimony payer have come to an agreement regarding the procedure, terms and amount of maintenance, then it is advisable to conclude such an agreement.

Note! According to the agreement on the payment of alimony, its amount should not be lower than what could be recovered by the court. That is, not lower than as a percentage of income: for one child - 25%, for two - 33%, for three or more - 50%.

Out of court, the document for receiving alimony will be a notarized agreement on the payment of alimony. It must be submitted to the bailiffs if the debtor does not want to voluntarily pay alimony or has ceased to pay by agreement.

With a voluntary agreement on the payment of alimony for a minor child, the following documents must be provided, since the agreement must be notarized:

  • documents proving the identity of the parties;
  • marriage/divorce certificate;
  • identification codes of parents/guardians;
  • certificate of income in the form of 2-NDFL;
  • information about the composition of the family.

All documents must be provided in originals. When concluding an agreement, the law does not provide for the representation of a participant by another person. If the agreement on the payment of alimony is concluded for an adult incapacitated child, medical documents confirming incapacity, disability documents, etc. should also be submitted.
A notarized agreement on the payment of alimony has the force of a writ of execution.
Thus, if the other party evades the execution of the agreement, alimony will be collected by bailiffs.

List of documents for filing for alimony in court

The court procedure for collecting alimony can be divided into two options. The first is the filing of a statement of claim, the second is the presentation of an application for a court order.
In the first case, the demand for maintenance may be significantly delayed, since the period for consideration of such a case is one month. The process may be delayed for the time of appealing the decision of the court. The term in this case depends on the workload of the court.

The second situation involves a simplified procedure for the consideration of the case: the parties are not invited to the meeting, the court prepares a court order within 5 days from the date of receipt of the application.

Note! The negative point of the court order is that it is canceled upon presentation by the defendant of objections to it within 10 days from the date of receipt. And in this case, the issue is resolved in the order of action proceedings on your application.

In addition, it should be noted that an application for an order can be submitted to the court when there is no dispute about the origin of the child from a particular father, there is no need to involve third parties in the case.

If you need to file an application for an order, you must attach to the application:

  • birth certificate of the child (children);
  • marriage document;
  • divorce document (if any);
  • a copy of your passport;
  • other documents that substantiate your claims.

In the application, be sure to indicate the name, address of the court, full name of the recoverer, place of his registration or stay, full name, address of the debtor, his date, place of birth, place of work (if the latest data is known).

It is worth noting that it is unlikely that it will be possible to collect alimony for the maintenance of an adult in the order of writ proceedings, since these issues are often associated with a certain dispute in the order, size, and possibility of recovery.
Therefore, applications for the recovery of alimony for the maintenance of an adult, it is better to send in a lawsuit.
If you intend to file a lawsuit in court, then you need to attach:
  • documents confirming the relationship of the person obliged to pay alimony with the child;
  • certificates of marriage or divorce;
  • calculation of the amount of alimony (if necessary);
  • a copy of the claimant's passport;
  • copies of materials according to the number of participants.

In the claim, in addition to the data of the court, the plaintiff and the defendant, you need documents that you refer to in support of your own claims, what the violation or risk of violation of your rights consists of, a list of attached documents.

Note! If we are talking about the recovery of alimony for the maintenance of a disabled adult child, documents confirming the child's disability are attached to the claim.
Most often, these are medical documents, extracts from patient records, documents on disability, and so on.

The list of documents submitted to the court is often standard, but may vary depending on the situation. The package of documents is determined, first of all, by who goes to court, whether the marriage was annulled, for whose maintenance alimony should be paid.

Whether the parents are married or already divorced, whether they live together or not, does not matter, since only the circumstance is important - insufficient / complete absence of maintenance of the child by one of the parents.

Note! A statement of claim for the recovery of alimony can be filed regardless of expired when the right to receive them arose. At the same time, alimony for the past period is entitled to be collected within a three-year period from the date of applying to the court.

The following documents are required for claim proceedings:

  • statement of claim;
  • a copy of the claimant's passport;
  • certificate of marriage/dissolution of marriage;
  • certificate of the housing authority on the place of residence of the child with the plaintiff;
  • certificate of family composition from the place of residence of the defendant;
  • claimant's income statement;
  • certificate of the defendant's income and the presence of deductions under executive documents;
  • calculation of the amount of alimony;
  • details of the bank account to which the alimony will be transferred;
  • receipt of payment of state duty (if provided).

All documents are submitted with copies according to the number of persons participating in the case. The state fee for filing a claim in cases of alimony will be charged in the amount of 150 rubles, but in accordance with paragraph 2 of paragraph 1 of Art. 333.36 the plaintiff is released from it.

But this fee after the decision of the court will be recovered from the defendant. If an application for the recovery of alimony is submitted together with a claim for divorce (or another claim), the plaintiff pays a state fee of 600 rubles in accordance with Art. 333.19 of the Tax Code of the Russian Federation. If a representative of the plaintiff applies to the judicial authority, it is also necessary to attach a notarized power of attorney.

If the child is left without parental care for any reason, then the legal guardian or state body acting in the interests of the child has the right to file an application for the recovery of alimony.

To the documents required for submission to the court, if the parents of the child were civil marriage, it is enough to attach a birth certificate of the child, in which both parents are indicated. Otherwise, it will be necessary to establish paternity, for which the plaintiff should apply with an appropriate statement of claim to confirm the fact of paternity.

Note! If in court the plaintiff and the defendant voluntarily admit their parental rights, then the evidence is sufficient for the court to recognize the fact of paternity.
Otherwise, a genetic examination will be required, which is carried out with the consent of all participants in the trial. Thus, when collecting alimony in court, it will be necessary to attach a medical certificate confirming the fact of paternity.

If the claim is filed after the divorce of the parents, then the list required documents It is also worth attaching a certificate of divorce or a copy of the court decision on divorce.

When filing a statement of claim for the payment of alimony for the maintenance of a minor child, in addition to the required documents, the plaintiff must indicate the amount of the amount to be recovered.
The amount of alimony collected for the maintenance of one or more children is determined by Art. 81 of the RF IC and is established for one child in the share coefficient - ¼ of the salary and other income of the defendant.

For two children

If the statement of claim is filed for the maintenance of two children, then it is necessary to attach a birth certificate for each child and, accordingly, certificates from the housing authority confirming that both children live with the plaintiff and indicate the amount required for recovery, which is determined in accordance with Art. 81 of the RF IC in the amount of ⅓ of the share of the defendant's earnings and other income.

For three children or more

In the case when three children remain dependent on the plaintiff, then the alimony is collected from the defendant in the amount of ½ of the amount of his income. Birth certificates of children, certificates of the housing authority on the place of residence of children with the plaintiff are required to be attached to the application.

For an adult disabled child (having a disability)

If the child is an adult, but unable to work (having a disability), the obligation to support the child lies with the parents. If one of the parents does not fulfill the obligation to care for and maintain a disabled adult child, then the other parent has the right to apply to the court for the recovery of alimony in a fixed amount of money, which is payable monthly.

When determining the amount of alimony, the court takes into account not only the financial condition of the defendant, Family status but also other circumstances that deserve attention. At the same time, a medical certificate of the child's disability, a birth certificate and a copy of the passport of an adult incapacitated child must be attached to the standard required package of documents.

According to Art. 89, art. 90 of the RF IC, alimony for the maintenance of a wife / ex-wife can be recovered in court under the following conditions, if a woman:

  • is pregnant or within three years of birth common child;
  • recognized as needy and takes care of a common disabled child until he or she reaches the age of majority;
    recognized as needy and has a dependent child with a childhood disability of group I - indefinitely (until the death of the child);
  • became disabled before the marriage was annulled or within one year of the divorce.

If the plaintiff sues simultaneously for divorce and foreclosure material payments with a spouse, the following package of documents must be provided:

  • a statement of claim for divorce and payment of alimony for the maintenance of a child;
  • Marriage certificate;
  • birth certificate of the child;
  • a copy of the claimant's passport;
  • certificate of the defendant's income or other income;
  • details of the bank personal account of the plaintiff;
  • documents confirming the incapacity of the child (if any);
  • certificate of the housing authority on the child's residence with the plaintiff;
  • receipt for payment of state duty.

If deductions from the defendant for maintenance obligations are carried out in a fixed amount of money, then the plaintiff should attach to the usual package of documents:

  • Defendant's income statement different places works;
  • a petition for the interrogation of witnesses confirming the fact that the defendant received income from various sources;
  • a petition for a request to the tax authority to establish the source of the defendant's income;
  • a certificate from the tax authority on the defendant's income from various sources;
  • other hard evidence confirming the existence of the source of the defendant's income.

If there are third parties in the case, all copies of the documents are submitted to the court according to the number of persons participating in the case.

Where to apply for child support?

An application for a court order for the recovery of alimony, regardless of the amount, is sent to the justice of the peace judicial district at the place of residence (location) of the plaintiff.
Note! The statement of claim is submitted to the justice of the peace, if the amount of the claim is not more than 50,000.00 rubles, if it exceeds, then to the district court at the place of residence of the plaintiff.
If a claim for determination of paternity is filed directly with the requirements for the recovery of maintenance for the child, then such a claim is sent to the district court.

The list of documents is attached to the claim. The claim must be printed in three copies (if only the plaintiff and the defendant participate in the process, without third parties), two copies of the claim with copies of the attached documents are provided to the court office. On your copy of the claim, the office worker must put the date, the stamp of the court and his own signature.

What documents do bailiffs need to collect alimony?

Enforcement proceedings are initiated at the request of the claimant. Therefore, after receiving a writ of execution (court order) to recover maintenance for a child (or adult), present it together with an application for initiating enforcement proceedings. In the application, you can indicate the details of the account to which you wish, alimony payments will be transferred.
Note! If the debtor does not pay maintenance under the agreement, then it is necessary to present the agreement together with the application for initiation of enforcement proceedings. A notarized agreement is the basis for the collection of alimony.
The application is submitted to the district bailiff service at the place of residence of the defendant. If the defendant lives in another locality, you have the right to send an application along with a writ of execution (court order) by mail with a description of the attachment and notification.

In the application, you can also indicate the defendant's known place of work.

Within 5 days from the date of receipt of your application, the bailiff is obliged to initiate enforcement proceedings and send the debtor a decision to initiate proceedings and give a period of 5 days for the voluntary repayment of the debt.
If during this time the debt is not repaid, then the bailiff takes coercive measures for enforcement proceedings.

Documents for the recovery of alimony

Thus, we see that in order to collect alimony for the maintenance of a child or an adult, we need to go through two stages:

  • court proceedings;
  • executive production.

At the first stage, we file a lawsuit or an application for a court order, attach to it a copy of your passport, documents on the birth of a child, on the conclusion, termination of marriage (at your request), copies of documents for the defendant.

At the second stage, we receive a writ of execution in court, submit it or a court order to the bailiff service at the place of residence of the defendant, along with an application to initiate enforcement proceedings.

If you have any difficulties in paying alimony or collecting it in court, seek help from our qualified lawyers who, in as soon as possible will be able to resolve the situation, help to draw up a competent statement of claim to attract the other party to the fulfillment of obligations, provide comprehensive assistance in preparing and during the trial, or in drawing up an agreement.

Source: http://alimenty.ru

Documents Required to Apply for Child Support in 2018 Married or Divorced

If funds for the maintenance of the child are not allocated on a voluntary basis, maintenance obligations are established for the parent. Compulsory collection of alimony is carried out through the judicial authorities at the request of the parent with whom the minor citizens actually live.

In the material presented, you can find out how to file an application with the court, and what documents are needed to apply for alimony.

Ways to apply for alimony

In order to be able to forcibly withhold funds for the maintenance of a child, it is necessary to obtain executive documents. The legislation provides for only one option when a writ of execution can be obtained without going to court. A notarial agreement on the establishment of alimony is recognized as an appropriate document for enforcement if the payer does not comply with the terms of this agreement.
Recovery of maintenance payments through the judicial authorities is carried out in the following ways:

  • by applying for a magistrate's writ, both in marriage and after divorce;
  • filing a statement of claim in the world court, if the debtor filed objections to the court order and canceled it;
  • applying to the court with a statement of claim for the termination of marriage, when the requirement for the establishment of alimony is included in the claim.

The list of documents for establishing a maintenance obligation in each of these cases will practically not change, with the exception of cases of collecting arrears in payments or filing an application to increase the amount of alimony.

Consider what documents are needed for alimony when various options appeals.

List of documents

To apply to the world court for the issuance of a court order for alimony after a divorce, you must submit the following set of documents:

  • an application for a court order;
  • divorce certificate (if it has not yet officially taken place, a marriage certificate is submitted);
  • birth certificate of each minor child for whom support is being collected.
There is no fee to apply for child support by order.
The application must include information about each of the parents, as well as about minor citizens. It is not necessary to submit documents on the income of the applicant or the debtor, since the amount of alimony by court order is set as a percentage of earnings and is fixed in the rules of the Family Code of the Russian Federation.

If the debtor exercised his legal right and filed objections to the court order, the recoverer will need to file an application in the course of action proceedings. A statement of claim for the establishment of alimony is also submitted to the Magistrate's Court, and the documents for alimony will include:

  • statement of claim in two copies (one for the defendant, one for the court);
  • divorce or marriage certificate (depending on marital status parents);
  • documents proving the identity of each minor child.
The state duty for filing such a claim is also not paid, since there is a recovery in favor of the children.

When filing a claim for divorce, which includes a requirement to establish a maintenance obligation, additional documents it will not be necessary to collect, since the birth certificate properly confirms the existence of family relations.

In some cases, it is allowed not only to establish an obligation for current payments for the maintenance of a child, but also to collect debts for the past time.

In this case, additional documents will be required for filing for alimony, since the recovery for the past time is carried out taking into account the following features:

  • compulsory collection of alimony is allowed for no more than the last three years;
  • the creditor must prove that over the past three years he has regularly applied to the second parent for the allocation of funds for the maintenance of the child;
  • the plaintiff also needs to prove to the court that the other parent received these requests, however, ignored them or answered with a direct refusal.
Evidence of the fact of the appeal and refusal to allocate funds for the maintenance of the child may be written appeals, personal correspondence, as well as the testimony of witnesses who were present during the conversations of the parents.
The evaluation of these documents will be given by the court during the consideration of the case.

If the alimony is collected in a fixed amount of money, the possibility of increasing it is allowed. To do this, it will be necessary to prove that the previously established amount is insufficient to provide the child with a decent standard of living. The legislation does not establish a list of documents that need to prove such facts.

Based on the analysis judicial practice, such documents may include payment documents, receipts, checks, etc.
It is important that from specified documents it was possible to allocate expenses incurred directly for the needs of the child. Such documents are collected over several months, after which it is possible to analyze the size of the average monthly expenses for the maintenance of a child.

And also an increase or decrease in the amount of alimony is allowed if significant change family and financial status of the parties. In this case, the following are submitted to the court:

  • marriage certificates (if marital status has changed as a result of entering into a new marriage);
  • certificates of disability, a document on registration as unemployed, etc. (if the financial situation has changed significantly).

The list of such documents is determined on the basis of the specifics of a particular case; the law does not contain restrictions on the composition of evidence.

Source: https://freelawyer.guru

Petition for recovery of child support

Do you need to file a claim for the recovery of alimony for a child or several children? How to draw up everything and submit documents to the court, collect the necessary evidence? How can I get a court decision in my favor?

It seems that it is very difficult, but, in fact, everything is solved. You just need to know how to do everything right, download a sample statement of claim for the recovery of child support and follow all our recommendations. Anyone can make and file a claim for alimony, it's not difficult.

Let's figure it all out together.

Attention! From June 1, 2016, all claims for the recovery of alimony for minor children that are not related to the establishment of paternity, contestation of paternity (maternity) or the need to involve other interested parties are executed only in the form of an application for the issuance of a court order for the recovery of alimony (Federal Law of 02.03. 2016 N 45-FZ).
All submitted statements of claim for the recovery of alimony will be returned by the courts (Article 135 of the Code of Civil Procedure of the Russian Federation). To collect child support, file an application for a court order. A statement of claim for the recovery of alimony is issued only in the event of a cancellation of a court order.

Who is eligible to file a claim for child support?

Parents, guardians, administration of children's institutions, government bodies acting in the best interests of the child.

If alimony is collected by a father or mother, a prerequisite is their cohabitation with children. This parent must support the child at their own expense, and maintenance from the other parent is insufficient or non-existent. It does not matter whether the parents live together or separately, are married or have already divorced. The main thing here will be the lack of material assistance for the maintenance of children.

If a child, for some reason, was left without parental care, then his guardian will have the right to collect alimony. The guardian must officially have this status, confirmed by documents from the guardianship authorities. If the child lives with relatives or other people without guardianship, these people do not have the right to collect child support until they officially become guardians.

What documents do I need to collect to file a claim for the recovery of child support?

To file a claim for the recovery of alimony, you need to minimal amount documents. The most important of them is the birth certificate of the child. The birth certificate confirms the presence of the parents of the child, the right of one of them to present claims for alimony and the obligation of the second to pay them.

If the father of the child is not entered on the birth certificate or is entered there only at the request of the mother (without his consent), it will not be possible to collect alimony just like that. The first step is to establish paternity. For this, another claim is made.

Guardians, in addition to the birth certificate, must attach a document establishing guardianship. If alimony is collected for several children, then birth certificates for each are attached.

Another document that must be attached to the statement of claim for the recovery of alimony is a certificate from the housing authorities from the place of residence of the child. This document confirms. that the plaintiff and the child live together and the child is supported by that parent.

The next document attached to the application for alimony is a certificate of marriage or divorce. This document is not so mandatory, however, it will confirm the plaintiff's arguments about the presence or absence of cohabitation and assistance from the parent who is obliged to pay alimony.

It will be good if, when collecting alimony, the plaintiff attaches a certificate from the defendant's place of work on the amount of his earnings for 1 year.
This will allow the court to calculate the state duty payable by the defendant and indicate the data on his place of work in the writ of execution, which will speed up the subsequent recovery of alimony.

After filing the claim, make a copy for the defendant. This complete list documents necessary for the recovery of alimony for a child or several children in court. However, the situations may be different, if the plaintiff mentions some other circumstances in the text of the statement of claim, he will have to attach documents confirming his own arguments.

All documents are attached to the statement of claim in the form of simple copies. Original documents will then need to be submitted to court hearing.

Drawing up a statement of claim for the recovery of alimony

To apply, download the sample and fill it out. In this case, you can indicate only the data that is given in the sample or bring your position on the recovery of alimony to the court in more detail.

When drawing up a statement of claim, you can print it on a computer or write it down by hand. Enter all data about yourself, the defendant and children in full, without any abbreviations (this is especially true for full name and address of residence). The address is the one where everyone actually lives. The court will send court summonses to these addresses.

If possible, indicate the phone numbers, both yours and the defendant's. This will help the court to notify everything more quickly.

When filing your claims, it should be borne in mind that alimony is collected from the moment a statement of claim for the recovery of alimony is filed with the court. You can ask for the recovery of alimony and for a longer time, however, there must be very good reasons for this.

The plaintiff must indicate the amount of alimony to be recovered from the defendant. It is usually determined in shares of the defendant's earnings and other income and is written as a fraction: 1/4 of the earnings for one child, 1/3 of the earnings for two children, and so on.

In addition to determining the amount of alimony to be collected in shares of earnings, they can also be collected in a specific amount of money. For this, the law establishes certain conditions.

At the end of the statement of claim, be sure to indicate the date of its preparation and put your signature.

Where can I file a claim for child support?

All statements of claim for the recovery of alimony are considered only by justices of the peace.
This is their jurisdiction. IN district court such a claim will not be accepted. The filing of a statement of claim for the recovery of alimony to a justice of the peace does not depend either on the place of residence of the plaintiff and the defendant, or on the amount of alimony to be collected. Jurisdiction is specifically enshrined in Article 23 of the Code of Civil Procedure of the Russian Federation.

The second issue that needs to be resolved when filing a claim is to choose a magistrate who is authorized to consider this case. Article 29 of the Code of Civil Procedure of the Russian Federation establishes a rule that the plaintiff may choose a justice of the peace to file a claim for the recovery of alimony at his place of residence or at the place of residence of the defendant.

Most often, statements of claim for the recovery of alimony are filed with the justice of the peace at the place of residence of the plaintiff.
It is more convenient and easier, you can always easily get to the court session and resolve other issues with the justice of the peace personally, but sometimes it is more profitable to file a claim for the recovery of alimony at the place of residence of the defendant. In this case, you can not appear in court by writing an application for consideration of the case in your absence, in addition, the writ of execution will quickly get to the bailiffs.

How do I file a claim for alimony?

When filing a statement of claim, the justice of the peace must necessarily record the fact of its transfer. You can come in person during reception hours to the magistrate's station and submit a statement of claim for the recovery of alimony against signature on your copy (that is, in this case, you need to bring another copy of the application with you).

The second option for submitting documents is to send them by mail. In this case, you should issue a registered letter with a description of the attachment and a notification of receipt. In this case, the plaintiff will have confirmation that the application was accepted at the site of the justice of the peace.

The justice of the peace, after receipt of the statement of claim, will decide whether to accept it. If everything is in order, the statement of claim will be accepted, the plaintiff will receive a notice of the time and place of the court session on the consideration of the statement of claim for the recovery of child support.

However, the decision to accept the claim may not always be decided positively; in this case, the plaintiff will need to promptly respond to the actions of the justice of the peace.

Consideration of a claim for the recovery of alimony for children

By general rule The justice of the peace must consider the statement of claim for the recovery of alimony within 1 month after its acceptance.
To consider the case, a court session is scheduled, to which the plaintiff and the defendant are invited.

When considering the case, the court finds out whether the plaintiff has the right to collect alimony, whether the defendant is obliged to pay them, whether the child receives the necessary maintenance from the parents and determines the amount of this maintenance.

The consideration of the case ends with a decision. With such a decision, the court collects alimony or refuses to satisfy the requirements, the justice of the peace always draws up the decision only in the operative part. If the persons participating in the case do not understand the conclusions of the court and they want to get acquainted with the arguments of the court, they must submit an appropriate application.

In case of disagreement with the decision of the court, the parties have the right to appeal it.

The court decision on the claim for the recovery of alimony comes into force and is subject to execution 1 month after its issuance, if there was no complaint.
And in the case of an appeal, the decision enters from the moment of consideration by the appellate instance.

After the entry into force of the decision, you need to get a writ of execution and present it to the bailiff service or resolve the issue of withholding alimony in another way.

Sample letter of claim for child support

To the justice of the peace of the court district No. __
around town_______________________
Plaintiff: _________________________
(full name, full name, address)
Respondent: _______________________
(full name, full name, address)
The price of the claim _____________________
(amount of payments per year)

Complaint for the recovery of alimony for the child (children)

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full name of the children, date of birth).

The child (children) live with me, I fully support them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, does not pay alimony, deductions under executive documents are not made from him.
In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

1. Collect from _________ (full name of the respondent) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of ______ parts of all types of earnings monthly, from the date of application (specify) until the age of majority of children.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim.
2. A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4. Help from the housing authorities on the child's residence with the plaintiff.

Date of application "___" __________ ____ Signature of the claimant _______

Questions when filing a claim for the recovery of alimony

What if the husband pays alimony for other children from another marriage, how much alimony is collected, how to indicate this in the statement of claim?

In this case, you need to use this sample statement of claim, only indicate that the defendant pays child support for other children and in what amount. In this case, you can ask the court to collect child support for your children, taking into account the amounts paid. It is necessary to determine how much the defendant should pay for all children, divided by the number of children. IN further husband will go out with a lawsuit to reduce the collection of alimony for children from his first marriage.

What other application, besides a claim for the recovery of alimony, is needed, and where can I get a sample if our dad did not officially divorce his first wife and they have a child? My child was recognized and paternity established in the registry office. And how to write a statement of claim correctly if he does not officially pay alimony to the first child?

Write an application according to this template. Just indicate that they were not married to the father of the child, he voluntarily acknowledged paternity, but material support does not provide the child. You can write about the first child, or you can not write, now it doesn’t matter until the other side demands alimony through the court.

If the child is registered with the father, but lives with the mother, do I need a certificate from the housing authorities? I do not know my father's place of work, he refuses to provide a salary certificate. What to do in these cases?

In this case, you can do without a certificate, but other evidence may be required that the child is dependent on the mother. For now, miss this moment, if the court suggests, then present 2 witnesses. According to the salary certificate, indicate that “the certificate refuses to be submitted, I ask you to request it from the defendant.”

The claim for the recovery of alimony states that the defendant has no other children and no deductions are made under executive documents. Is it possible to skip this phrase, because I don’t know if he still has children and does he pay child support to someone else?

Of course, if you are not aware of the presence of other persons for whom the defendant must pay alimony, you may not indicate this in the statement of claim.

I don't live with my husband long time, perhaps he now lives in Ukraine, how to file a claim?

Apply for alimony, indicate his last known address on the territory of the Russian Federation. If he officially resides in Ukraine, then it is better to apply to the Ukrainian court. After collecting alimony, contact the bailiffs, they will look for the debtor. The law provides for the possibility of enforcement of court decisions on the territory of foreign states.

Defendant pays child support for 2 children. Now the child from 1 marriage is 18 years old and, accordingly, I should receive 25% for my child (15 years old). The accounting department at his place of work said that a new court decision was needed. How to draw up a new claim and what documents are needed?

File a new statement of claim according to this sample, in support of the requirements, indicate that you previously received alimony in the amount of 1/6, now the first child is 18 years old, and ask for alimony in the amount of 1/4.

Source: https://vseiski.ru

How to sue child support?

Family law establishes rules that both parents are required to raise and support their children. If any of the parents refuse to fulfill the statutory obligations to support children, then it can be fixed, by mutual consent of both parents, in an agreement that considers the procedure and amount of payment of alimony for children who have not reached the age of majority.

In the event that an agreement between the parents could not be reached, this becomes the reason for forcing one of the parents to comply with the requirements of the law by filing a statement of claim with the court for the recovery of the established amount of alimony from such a parent.

The court may establish, at the request of the interested party, the obligation of both parents to support their minor children in cases where both of them do not properly fulfill their obligations established by law regarding the maintenance and upbringing of their children.
The procedure for collecting alimony from parents is prescribed by the norms of procedural legislation and is a legal mechanism by which the rights of children to upbringing and maintenance can be protected and implemented. If the obligated person refuses to voluntarily execute the court decision, in accordance with the law on enforcement proceedings, the bailiff is engaged in the recovery of alimony in accordance with the procedure established by the court decision.

When establishing the obligation to pay alimony to one of the parents, the court is guided by the following principles:

  • both parents are equally obliged to support and educate their children;
  • the obligations of parents for the maintenance and upbringing of children do not depend on their place of residence on the territory of the Russian Federation or abroad;
  • in the event of the birth of a child whose parents are not in an officially registered marriage, the father's obligation to bring up and support is determined from the moment the fact of paternity is established, or an appropriate entry about his paternity is made in the child's birth certificate.

The obligation related to the upbringing of the child, in addition to the payment of alimony, remains with both parents, regardless of the presence of registered marital relations, even after the dissolution of the marriage.

When collecting alimony from one of the parents for the maintenance of their child, after the spouses have dissolved the marriage, the proving procedure is much simpler than in the case of alimony, when the child's parents live in the same family.

Since the separately living parent independently maintains and raises the child, based on this fact, he has the right to receive child support. And the proof that the other parent assists in the maintenance of his child falls on him.

The law also establishes the possibility of collecting alimony from one of the parents from married couple, which has not stopped official marriage relations and lives in one family. This is possible if the party that collects the child support can provide sufficient evidence that the other parent is evading their obligations to support the child.
Unlike the previous case, evasion must be supported by admissible evidence, which is provided in the lawsuit. They are most often witness statements, as well as documentary evidence of the lack of income of the parent from whom alimony is collected.

How to file a lawsuit if the marriage was not registered?

Quite often, disputes arise regarding the recovery of alimony if marriage to create a family was not registered. As a rule, such lawsuits are accompanied by proof of paternity.

In cases where official marriage registered, but the birth certificate indicates the data of the father of the child, paternity will not have to be proven. If the fact of paternity is not documented, it will have to be established in court. For this purpose, genetic examination (DNA) is carried out.
However, the court accepts the results of such an examination as evidence of paternity in conjunction with other evidence that confirms this fact.

The legislator provides two options recovery of alimony. One of these options is implemented under a simplified collection scheme. In this case, at the request of the parent who maintains the child, a court order is issued to recover alimony from the other parent. The second option provides for the filing by the claimant of a statement of claim for alimony and its consideration in the order of the action proceedings.

court order

Since the issuance of a court order involves a simplified procedure for collecting alimony, it is the most effective and fastest. When considering the application of the claimant, first of all, it is assumed that there is no dispute on this issue.
The procedure for considering the application eliminates the need to call the parties to the relationship. The decision is made based on the availability of evidence of the applicant's legal position contained in the case file.

Before filing an application for a court order for consideration by a justice of the peace, it must be taken into account that the recovery of alimony in such cases is carried out exclusively as a share of the income of the person from whom the alimony is collected. The term for consideration of such applications is determined by law at 5 days.

Based on the provisions of Article 81 of the RF IC, alimony can be recovered based on the following share of a person's income:

  • 25% - if the collection is carried out for one child;
  • 33.33% - if the penalty is for two children;
  • up to 50% - if the penalty is for 3 or more children.
The law establishes a limitation regarding the collection of the maximum possible share of a person's income. Such a share cannot exceed 70% of the income received by the subject of relations.
Consideration of an application for the issuance of a court order, that is, according to a simplified procedure, is carried out when the relevant application is submitted, as well as the documents attached to it:
  • extracts on the composition of the family;
  • documents on the place of registration or residence;
  • documents confirming the size of the source of existing income;
  • a document confirming the registration of marriage;
  • documents containing information about children on whom alimony is collected.

When deciding on the recovery of alimony, the court takes into account the financial situation of both parents.

Filing a lawsuit

An analysis of law enforcement practice allows us to conclude that often the issue of collecting alimony is controversial and therefore, in order to resolve it, it is necessary to file a claim for alimony, taking into account the requirements of the procedural law. Litigation in a case provides for the possibility of considering and studying the legal position of all procedural parties involved in the case.

Claim proceedings presuppose the presence of competition between the parties to the relationship and the provision of an evidence base to confirm their legal position, both on the part of the plaintiff and the defendant.

During the process, the court comprehensively and objectively examines the facts and circumstances relevant to the case that both parties can provide, as well as evidence that is admissible.

As a rule, in order to effectively complete a similar category of cases, given their specifics and psychological aspect, these parties involve legal professionals with extensive experience in law enforcement practice in resolving such disputes.

Consideration of a statement of claim for alimony allows you to make claims for their recovery not only as a share of income, but also in a fixed amount. Alimony in litigation can be collected for previous periods of time.

The correct justification of the exact amount of alimony and the provision of evidence confirming the evasion of the statutory obligation to support one's child is mandatory for satisfaction of the requirements for the recovery of alimony.

What documents are needed to apply for child support?

In order to quickly and effectively resolve a dispute related to the recovery of alimony in court, it is necessary to prepare the following package of documents:

  1. A copy of the applicant's passport. Copies of all pages containing information about the registration of residence, marriage registration, the presence of children and information about the identity of the applicant are provided. If the case is being considered in a lawsuit, a copy of the defendant's passport is provided.
  2. Copies of the birth certificate of joint children.
  3. A copy of the document confirming the registration of marriage or its dissolution.

Also, to attach to the case file, you must provide the originals of the following documents:

  1. A certificate confirming the composition of the applicant's family, as well as his registration at the place of residence (if an application for issuing an order has been submitted). If the case is being considered in a lawsuit, the same information is provided about the defendant.
  2. Calculation of the required amount of alimony, justification and documentary evidence of the cost of maintaining children.

The above documents must be provided to the justice of the peace for an objective and comprehensive study of the case materials and further decision on the recovery of alimony.

In cases where the parents of the child have not registered a marriage relationship, there is no documentary evidence of the paternity of the child, and the parents have not reached agreement on this issue, this fact must be established in court. The case of establishing the fact of paternity is considered in a separate court proceeding.
When considering disputed relations that relate to the establishment of the fact of paternity, the court may appoint a genetic examination (DNA), for which it is necessary to obtain the consent of the procedural parties in the case. The results of the medical examination carried out shall be attached to the case file.

After a decision on the establishment of paternity has been made, it must be attached to the materials of the proceedings on the recovery of alimony.

The procedure for filing a lawsuit for the recovery of alimony

In order to prepare and form the necessary package of documents, in order to collect alimony in court, you must perform the following steps:

  1. Make copies of all documents that can be used in court as evidence of the applicant's legal position:
    • parties' passports;
    • birth certificate of children;
    • certificate of marriage registration or its dissolution.
  2. Obtain from the housing office located at the place of residence of the applicant, a document confirming the composition of the family. This document usually contains General characteristics housing in which the applicant lives, as well as all persons registered in this housing.
  3. If possible, the same certificate must be obtained from the housing office at the location of the second parent (respondent). To obtain this document, it is necessary to draw up and submit an application addressed to the head of the ZhEK, in which it is indicated that this document will be submitted to the court to consider the issue of collecting alimony. If the management of the organization refuses to provide the document to the alimony claimant, the court, at the request of the applicant, will require this information at its request.
    If the information about the whereabouts of the second parent is unknown, the court takes measures related to the search for the person from whom the alimony is demanded.
  4. To determine the amount of maintenance payments, the court must provide their calculation. It is carried out on the basis of the actual costs associated with the maintenance of the child, which may include:
    • treatment costs;
    • education;
    • rehabilitation procedures;
    • payment for extracurricular activities;
    • sports sections, etc.

    The costs of maintaining a child may include funds necessary for the “normal” full development child. Admissible evidence, in accordance with civil procedural rules, may be documented facts of the relevant costs (checks, receipts, contracts, referral to sanatorium treatment, a medical report on the need for medical procedures, medical opinion on the need for a diet, etc.).

  5. In the event that the claimant has information about any sources of income of the second parent, this should be indicated in the application. In addition, in cases of collection of alimony arrears, it makes no sense to provide information to the court about the existence of property rights of the second parent to real or movable property. If it is impossible to provide confirmation of this information, the court may request it at the request of the claimant.
  6. All of the above documents must be filed with the application for the recovery of alimony, or attached to the case file during the court hearing, depending on the circumstances. The rules of civil procedure establish the rules according to which the statement of claim must contain the following data:
    • the name and address of the judicial authority;
    • information about the identity of the applicant (plaintiff and defendant), addresses and place of residence of the procedural parties and other information, if any;
    • a description of the facts and circumstances that are the basis for filing an application, the legal justification of the requirements, indicating the norms of laws;
    • evidence confirming the legal position of the applicant;
    • list of documents attached to the application;
    • the amount of child support claimed.
  7. An application for a court order, as well as a statement of claim, are amenable to a justice of the peace. The rules of jurisdiction are established by the provisions of Chapter 3 of the Code of Civil Procedure of Russia. In accordance with the provisions of Article 28, the action is brought at the location of the defendant. However, the claim may be filed by the plaintiff at his place of residence. Such rules are established by the provisions of Article 29 of the Code of Civil Procedure of Russia.
    Z The application shall be submitted in two copies. One package of documents is submitted in cases where an application for a court order is filed.
    The claim and documents are submitted in the number of declared procedural parties of the case to the office of the court. The plaintiff must keep one copy of the claim with the mark of the court and the registration number.
  8. When considering an application for a court order, after the court has studied all the materials of the case, and in the absence of disputed relations, an order is issued to recover alimony. In the case of consideration of the statement of claim, the circumstances of the case, the evidence provided, the subjects of the petition are studied, and the opinion and legal position of all procedural parties are heard. Including, a counterclaim is considered, if it was filed by the defendant, after which a decision is made. After the decision has gained legal force, it can be obtained from the court office, which puts a mark on the decision that it has entered into force.
  9. After receiving a court decision (court order), he, together with a writ of execution, is submitted to the executive service to recover alimony from the person obliged to pay them.
    Persons recovering alimony in court are exempted from paying state duty.

Timing

A parent supporting a child can file an application for the recovery of alimony until the child reaches the age of 18. Recovery of alimony in this case will be made from the date of registration of the application in court.

Based on the provisions of paragraph 1 of Art. 107 of the Family Code of the Russian Federation, a parent who has a child (children) for maintenance may demand the collection of alimony during the entire period of validity of the right to receive alimony. Alimony will be collected from the moment when the application was submitted to the court.

In cases where alimony was paid according to an agreement concluded between the parents, and, subsequently, payments were stopped, the limitation period (three years) is applied to collect them.

In cases where a statement of claim for the recovery of alimony payments has been filed, the plaintiff, at the same time, has the right to file a claim for the recovery of alimony for the previous 3 years (until the time of going to court). In this case, the court must be presented with evidence that the plaintiff took measures that were aimed at obtaining alimony during this period of time or the person who is obliged to pay them evaded his obligation.

It must be remembered that the collection of alimony for several children at the same time will be carried out in the prescribed amount by a court decision until one of the children reaches the age of majority. After this point, the amount of alimony must be changed in court.

Many people think about where to file for child support. And what can you expect after the implementation of the idea into reality. Next, we will study all the nuances of maintenance obligations in Russia. What are the features of the process? Who and to whom will pay? In what sizes? The answers to all these questions will easily be found in the current legislation.

About definition

First you need to understand what is called alimony. This is how they describe monthly payments of various sizes that are intended for a disabled and needy relative.

That is, maintenance obligations are to ensure the life of family members. Most often they take place in relation to minor children.

Who has the right

Where to apply for child support? There is no single answer to this question. After all, everything depends on the desire of a modern citizen.

But you can answer who is eligible for financial support. The main categories of recipients include:

  • children (including adults);
  • husband/wife;
  • parents.

Sometimes there are alimony for grandparents, brothers and sisters, but these are extremely rare scenarios. Therefore, we will not talk about them.

About appointment methods

Where to apply for child support? The answer depends on the situation. The thing is that funding for needy relatives in Russia is allowed different ways. And the body that receives requests for the appointment of payments of the mentioned type depends on them.

Today, alimony can be paid:

  • by court order;
  • voluntarily;
  • under an alimony agreement.

As practice shows, the most reliable and common technique is the first scenario. It is considered safe and clear.

Marriage and alimony

Can I apply for child support in marriage? The current legislation allows for such an arrangement. Moreover, in Russia it occurs more and more often.

Spouses can claim funding from their husband or wife in the event of their disability, even without a divorce. And child support is also requested not only at the dissolution of marriage.

Former spouses are also eligible for funding from the husband or wife. But at the same time, more than 5 years should not elapse from the moment of dissolution of the marriage. Otherwise, you will not be able to claim financial support. This is possible only if the court recognizes former relationship long-term.

How much to pay

How do you apply for child support or self support? The procedure will be discussed by us later. First, let's get acquainted with all the features of maintenance obligations.

How much will you have to pay in one case or another? Alimony may be awarded:

  • in a fixed amount;
  • as a percentage of salary.

In the first case, not only the income of the payer will be taken into account, but also the cost of living of the settlement. If child support is assigned, then the second calculation scheme is most often used.

A citizen pays 1/4 of the profit for one child, 1/3 of the earnings - for two children, and not less than half of the income received - if the payer has at least 3 minors.

Only the judiciary will provide more accurate information. He will study all the proposed materials and set the amount of alimony.

Main host body

Where to apply for child support? This question worries almost every potential recipient of money.

The best way, as we have already found out, is to go to court. It is necessary to file a claim for the appointment of alimony in the global judicial body. You can apply both at your registration (which is not recommended), and at the place of registration of a potential payer.

Where else to get help

This is just one of the possible layouts. Where can I file for child support?

Modern citizens can seek help from the MFC and the My Documents service. They often help you file for child support.

In addition, today it is allowed to make a request via the Internet. For example, using the portal "Gosuslugi". But this technique is not yet in great demand.

Terms of consideration

How to apply for child support? We will discuss this process step by step below. But before that, we will find out how quickly the court will respond to a particular request.

The term for consideration of a claim for maintenance issues is about 5 days. After receiving the court order, you will have to wait another 10 days. During this time, the payer may submit objections for appeal.

Step by step process

We figured out where to file for child support. Now we can consider this operation step by step. It usually doesn't cause any problems.

The guide for filing claims for the appointment of alimony for one reason or another looks like this:

  1. Prepare a package of documents. It depends on the situation.
  2. File a claim for payment. It will have to substantiate your claims.
  3. Submit a request to the Supreme Court.
  4. Participate in a court session.
  5. Obtain a standardized order.

The most difficult step is the first step. Can I apply for child support in marriage? Yes, the list of papers required for this will be easier to get. But even after a divorce, spouses are entitled to financial support. Especially while on parental leave.

Main List

What documents to apply for alimony? As already mentioned, the package of papers is changing. It depends on the specific circumstances.

The applicant will be required to:

  • passport;
  • documents confirming relationship;
  • statement of claim;
  • certificates of income of the potential payer;
  • evidence of the legitimacy of the claims;
  • certificates of ownership of the property of the future alimony.

Documents of kinship include certificates of marriage and divorce, birth. Adoption papers are also available. Children whose relationship with the father is not proven cannot count on funding. First, the mother will have to confirm paternity. In any case, this is necessary if the defendant is not entered as the father in the birth certificate of the child.

Other documents

How to apply for child support? The step-by-step instructions presented to our attention will help bring the idea to life. But we have not yet fully figured out what papers are required to file a claim in the prescribed form.

In addition to the documents listed above, the following are requested:

  • certificates of disability;
  • documents with a residence permit (in particular, children);
  • information about the composition of the family;
  • requests for documents.

The last paper is needed for those who cannot get information about the income of a potential payer.

Proof

How is child support applied? It is not difficult to answer this question now. Quite often, when assigning alimony or adjusting it, the parties have to prove their points of view. All of them must somehow be confirmed.

For example, it might be useful:

  • court decisions on previously assigned alimony;
  • any photo, video, audio materials and correspondence of citizens;
  • checks and receipts confirming expenses.

This is all. In exceptional cases, certificates of deductions to the FIU and the results of a DNA test may be useful.

Notaries

Can a husband file for child support? Yes, every spouse has this right. But such an alignment is rare in reality. Husbands usually provide for the family, while wives take care of the children. Therefore, it is easier for a woman to prove the fact of incapacity for work.

Where to apply for child support? If you want to resolve the issue peacefully, you can not rush to court. It is better for such people to contact a notary. Any notary office will do.

What to do? Conclude a peace agreement on the payment of alimony. As a rule, all previously listed papers are attached to the contract. But in this case, the text of the agreement will have to be treated with special attention. The document prescribes all the features of the fulfillment of maintenance obligations. Including the amount of payments and their indexation.

After signing the contract in the prescribed form at the notary, you can just wait. The payer will have to fulfill his obligations. Otherwise, the recipient of funds will have to go to court. How to apply for child support? We have already said about this earlier.

Enlargement and reduction

Under certain circumstances, child support can increase and decrease. To do this, one or another party will have to file a lawsuit with a corresponding request. Of course, it must be confirmed. Otherwise, the request will be rejected.

How to sue for child support? The reasons for increasing or decreasing the corresponding payments are the following circumstances:

  • change in the payer's earnings;
  • appearance of dependents;
  • the birth of another child;
  • deterioration or improvement in the state of health of one of the parties;
  • increase in real spending on the recipient of funds.

In practice, a reduction in alimony is extremely rare. But increasing them is much easier than it seems. For example, the need to index payments may serve as a reason for going to court.

About release from obligations

Answering how to sue for child support is not so difficult. Coping with this task (if you do not take into account the collection of documents) is easier than it seems. But collecting funds from a person is much more difficult. Now in Russia there are no such sanctions that would greatly frighten the alimony debtor.

Learned obligations can be released. For example, for the following reasons:

  • change in the working capacity status of the payer or recipient of money;
  • death of one of the parties;
  • coming of age;
  • obtaining emancipation;
  • adoption of a child by another person;
  • employment of a minor in a good, well-paid job;
  • running a business by a child.

How to apply for child support? This operation has already been mentioned. And how to get rid of obligations? This is done in a similar way. Usually the initiative comes from the alimony. He goes to court with a lawsuit and attaches evidence of his position.

How is child support applied? Parents must be needy and disabled. If these conditions are not met, then you will not be able to apply in court for funding from children. Many people manage to refute the fact of need.

Results

We figured out where to file for child support. All the features of this operation were studied by us in full.

From now on, everyone will be able to bring the task to life. Where to apply for child support? It is better to contact a notary and peacefully resolve this issue. Otherwise, only the world court will help.

Family Code of the Russian Federation there are several ways registration of alimony for the maintenance of a child, and the list of necessary documents will directly depend on the chosen method of filing for alimony! Most in a simple way in terms of collection and preparation of documentation is voluntary option payer of monthly child support payments through signing.

Significantly more organizational issues will need to be resolved by the applicant in the event - although the law provides for both this procedure (through a quick issuance of a court order) and (by filing a claim and longer consideration of the case by a justice of the peace with the obligatory presence of the parties). In some cases, on the basis of a court decision, the recipient (collector) of the monthly allowance may also need to independently initiate enforcement proceedings and collect alimony from the debtor's income.

In addition to filing the applications themselves to the court or drawing up a voluntary notarial agreement when processing alimony depending on the specific situation You will need to present various documents confirming:

  • social status of the payer and recipient of alimony;
  • type of source of income from which funds for the maintenance of the child will be paid;
  • the civil status of the parties (whether the parents of the child are married, after a divorce, or they cohabit and legal marriage never registered between them);
  • in respect of whom maintenance payments are collected (for a minor child, spouse - including the former, from the child himself for the maintenance of parents, etc.).

It should also be borne in mind that the documents provided, or presented certain requirements to their form and content, enshrined in the Family Code (SC), the Civil Procedure Code (CPC) of the Russian Federation and the law of October 02, 2007 No. 229-FZ "On Enforcement Proceedings".

Documents for registration of alimony agreement at the notary

The value of a maintenance agreement for parents lies primarily in its legal significance, since the document certified by a notary is equal in legal force (this is stated in article 100 of the RF IC). Therefore, if the terms of the agreement are not fulfilled, it can be transferred by the claimant to workplace defaulter directly or through bailiffs to without the need to go to court(according to article 109 of the RF IC).

If both parents, taking into account the indicated circumstances, decided on the voluntary payment of alimony for the maintenance of a common child and on drawing up in accordance with Art. 99 RF IC, their procedure should be the following:

  1. Joint appeal of both parties (the alimony collector and their future payer) to the notary's office.

    If the child for whom this agreement is intended to be drawn up, at the time of the drawing up of the agreement has already reached the age of 14, then he must also be present at the reception of a specialist with his parents!

  2. Provision of title documents of parents and child:
    • original passports of the parties;
    • documents establishing kinship with a child (birth certificate, certificate of paternity or a court decision of the same name);
    • certificate from the place of work of the parent-payer on the amount of wages for 3 or more months;
    • details of the bank account (card) of the recipient to reflect the method of payment in the document (not just the card number, but the full bank details indicating the current account, BIC, TIN, etc.).

The procedure for drawing up a maintenance agreement at a notary in 2018 it costs 5250 rubles.(the so-called tariff for the commission of a notarial act). Parents can pay this amount equally, or one of them will bear the payment (by agreement at the discretion of the parties).

What documents are required to apply for child support?

If the parents failed to reach an amicable agreement on the issue of alimony for the maintenance of the child, then the only way becomes their forced collection:

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To the World Court of the Bezhitsky District of Bryansk
Bryansk, st. Young Guard, 41

Claimant: Antonova Irina Igorevna
Bryansk, st. Bolkhovskaya, 16, apt. 25
Contact/tel хх-хх-хх

Debtor: Pavlov Sergey Yurievich
Bryansk, st. Desninskaya, d.225, kv.3
Contact/tel. xx-xx-xx

Application for issuance of a court order for the appointment of maintenance payments in favor of minor children

From the marriage with the debtor, Sergey Yuryevich Pavlov, terminated by the decision of the World Court of the Bezhitsky District of Bryansk on February 2, 2017, there are two minor children: twins Denis Sergeyevich Pavlov, born on June 20, 2009, Andrey Sergeyevich Pavlov, born on June 20, 2009 .

Six months before the actual dissolution of the family union, Pavlov S.Yu. stopped living with me and the children, moved to his parents' house. The children stayed with me at the address: Bryansk, st. Bolkhovskaya, 16, apt. 25. Initially, Sergey was interested in children, took his sons for walks on weekends, sometimes brought food. Then participation in the life of children noticeably decreased, I had to literally beg for financial assistance in the form of purchasing again food or things for children. When trying to persuade Sergei to draw up a voluntary alimony agreement, he refused me.

Currently, I have not received financial or any other assistance from the father of the children since March of this year. I have a permanent place of work (LLC Zhuravli), the salary is 23,000 rubles, which does not cover the cost of maintaining schoolchildren.

Debtor Pavlov S.Yu. has no other children, does not make payments for other performance obligations, is officially employed at VTB24 LLC (he is a programmer technologist in the computer and information security sector).

According to Art. 80 of the RF IC, each of the parents is obliged to financially support their minor children, in accordance with Art. 81 of the RF IC, payments for the maintenance of two children are subject to monthly deductions when they are collected in the amount of 1/3 of the share of the defendant's income.

In connection with the foregoing, on the basis of Art. 80, 81, 106, 107 Family Code RF

PLEASE COURT:

Issue a court order to recover alimony from the debtor Sergey Yuryevich Pavlov, born on August 12, 1980, born in Bryansk, in my favor, Irina Igorevna Antonova, for the maintenance of minor children of Andrey Sergeyevich Pavlov and Denis Sergeyevich Pavlov, 06/20/2009 .R. in the amount of 1/3 of the debtor's total income subject to withholding of alimony, monthly until the children reach the age of majority.

I enclose two copies of the following documents with the application:

  1. Application for issuance of a court order;
  2. Copy of the applicant's passport;
  3. A copy of the birth certificate of Andrey Sergeevich Pavlov;
  4. A copy of the birth certificate of Pavlov Denis Sergeevich;
  5. A copy of the debtor's passport;
  6. A copy of the divorce certificate;
  7. A copy of the apartment card from the place of registration of children;
  8. A copy of the certificate from the debtor's place of work;
  9. Certificates from the place of education of minors.

10.11.2017 ________________ I.I. Antonova

Documents for filing a lawsuit for alimony

A claim for the recovery of alimony is filed with the world court according to the rule of alternative jurisdiction (the application can be presented to the court both at the place of residence of the defendant and at the place of residence of the applicant himself in accordance with Article 29 of the Code of Civil Procedure of the Russian Federation) and must contain the following package of documents in two copies(for the court and the defendant):

  1. The statement of claim itself in writing (in accordance with the requirements of Article 131, Code of Civil Procedure of the Russian Federation).
  2. A copy of the applicant's passport.
  3. A copy of the child's birth certificate (as well as other documents confirming the relationship with the defendant - a certificate or a court decision establishing paternity).
  4. A copy of the divorce certificate (if any).
  5. A copy of the certificate (or apartment card) from the place of residence of the plaintiff and the child.
  6. A copy of the certificate of employment and wages of the plaintiff (if the person is working).
  7. A copy of certificates from the place of study of the child (or stay in kindergarten).
  8. Copies of receipts or checks confirming the expenses for the child (will not be superfluous, but not required to be presented).
  9. Copies of documents from the place of employment of the future payer (if available).

Specific list of documents submitted to the court without fail must be given in the text of the statement of claim immediately after the listing of the stated requirements.

Petition and documents for filing for alimony can be submitted to the court in two ways:

  • personally - through the office of the court (at the same time, the applicant must ask the employee receiving the documents to put a stamp on receipt, date and signature on his copy of the claim);
  • by registered mail (or parcel post) with a return receipt (so that the addressee-plaintiff receives a mail notification of receipt of the claim by the court).

An example of a claim to file for alimony after a divorce in 2018 is given below:

If the statement of claim is drawn up and sent in accordance with all the rules of jurisdiction and does not contain a contradiction to the law, it will be accepted by the court for consideration, if not, it will be returned to the plaintiff with a court ruling, which will indicate the reason for the return.

What documents are needed to apply for alimony to the bailiffs?

The result of the judicial review of the claimant's application is either from the defendant (that is, the second parent who does not take part in the maintenance of his minor child). After that, the executive document received in court must be transferred to the Office of the Federal Bailiff Service (Office of the FSSP, or UFSSP):

  • or by the court itself at the request of the plaintiff;

    • or by the plaintiff himself after receiving it in his hands in court.

    More reliable and fast way is personal transfer of a writ of execution by a recoverer directly to the bailiff, since it is he (the bailiff) who is the direct interested person.

You must contact a specialist on the reception day, and at the same time have with you documents for initiating enforcement proceedings according to the following list:

After reviewing the submitted documentation, the bailiff will forcefully offer to write an application to initiate enforcement proceedings and talk with the claimant for all known information about the future payer:

  • about the place of his work with the indication of the address and telephone number;
  • personal phone number of the future alimony payer;
  • information about close relatives (with addresses and phone numbers), etc.

After the actions official, aimed at monitoring the execution by the payer of the judicial requirement for the payment of alimony for the maintenance of a minor child.

A sample application to the bailiffs for the initiation of enforcement proceedings for alimony is given below:

Question answer

Who pays the state duty when filing documents for alimony in court?

If the plaintiff is a parent filing a lawsuit in defense of the rights of the child (in practice, this is usually a mother living with a child for whose maintenance his father does not pay money), then she does not pay under any circumstances(whether it also does not pay the state duty with reference to paragraph 2 and paragraph 15 of part 1 of article 333.36 of the Tax Code of the Russian Federation.

The procedural difference here should in no way affect the protection of the right of a responsible parent: whether he files a lawsuit or an application for a court order, he does this in defense of the material maintenance of a minor, therefore he is equally entitled to a tax benefit.

If the claim is filed parent who does not live with the child and pursues the goal (i.e. already for its own property benefit), then such a statement is subject to state duty in accordance with Art. 333.19 of the Tax Code of the Russian Federation.