Where to apply for alimony to get what you are entitled to? Where to apply for alimony

In the family legislation of the Russian Federation, Article 80 states that both parents bear the burden of financial support for their children under eighteen years of age. If one of them refuses to pay money to provide for the children, then it is necessary to write an application for alimony and apply to the judicial authorities. How to do this is described in this article.

Persons who have the right to claim child support

The legal right to apply for child support belongs to the father, mother and guardians who are guided by the interests of the child. If one of the parents demands alimony from the other parent, then he must certainly live with the child, in addition, he must be dependent on this parent, while financial assistance from the second parent is small or non-existent.

If the child is in the care of guardians, the guardian has the right to file a claim for alimony. But only in the case of an officially formalized situation with the availability of identification documents from the guardianship and trusteeship authorities.

Documents for filing a claim

In order to file a claim for alimony, you will need a minimum of paperwork. The first and main document of these is the child’s birth certificate. It proves the parent's right to apply for child support. In addition, the child’s birth certificate confirms the other parent’s obligation to pay child support.

When the child’s father is not indicated on the birth certificate or is indicated based on the words of the mother, then before writing an application for child support, paternity will first need to be established.

If a request for alimony payment is made by guardians, then, in addition to the child’s birth certificate, they will need a document certifying guardianship.

The statement of claim must be accompanied by a certificate of family composition issued at the child’s place of residence. This document confirms the cohabitation of the plaintiff and the child. It is advisable to attach a certificate of the defendant’s salary for the last year to the application for alimony; this can be obtained at his place of work. This will enable the court to determine the amount of the state duty that the defendant is required to pay and indicate the place of service in the writ of execution.

When preparing documents, use a sample application for alimony. Make a second copy of the document to provide to the defendant.

How is the amount of alimony determined and what does it depend on? There are different ways to determine the amount of alimony payments. This could be a percentage of the parent's income, or it could be a certain fixed amount of money.

When the defendant has a permanent income, the amount of alimony is determined as follows: if there is one child, then one-fourth of the income, if there are two children, then one-third of the income, if there are three or more children, then half of the parent’s income will be collected for alimony . The specified amounts of payments are provided for by law.

On an individual basis, the amount of alimony may change up or down, depending on the circumstances of the case. If the parent does not have a regular income, then the amount of alimony is set in fixed monetary terms.

Filing an application for payment of alimony

An application for alimony can be submitted in simple written form or completed using a computer. Your data, the data of the defendant, and data about children must be indicated in full. The address of actual residence and telephone numbers are indicated.

The application must indicate the amount of alimony sought. At the end, you must indicate the date of execution of the document and put a personal signature.

The picture below shows a sample application for alimony.

Where to apply

An application for the collection of alimony is within the jurisdiction only of justices of the peace, and when it is filed, it does not matter the place of residence of the parties to the trial or the amount of alimony required. This is definitely the Civil Procedure Code of the Russian Federation.

It is more convenient to submit a statement of claim to the magistrate at the plaintiff’s place of residence. Because there is an opportunity to come to court without unnecessary expenses of money and time and resolve some issues in person.

Innovations

It should be noted that in accordance with Federal Law No. 45 of 03/02/2016, starting from June 1, 2016, applications for the collection of alimony for children under eighteen years of age, which do not require the participation of third parties in the trial, are not related to establishing or challenging paternity and maternity, are submitted only as applications for the issuance of a court order to claim alimony from the defendant.

Applications submitted as claims for the collection of alimony are not subject to consideration and will be returned to the plaintiffs.

The phrase “Apply for alimony” means to go to court for forced collection of maintenance from the obligated person. The vast majority of such cases are the recovery of maintenance in favor of minor children.

When going to court, you must be guided by the Code of Civil Procedure. Article 23 of the Code of Civil Procedure prescribes that in case of collection of alimony, an application should be submitted to a magistrate. Article 29 of the Code of Civil Procedure leaves the plaintiff the right to choose a court: at his place of residence or at the place of residence of the defendant. When the plaintiff does not know where the defendant is now, he has the right to send an application to the previous known address of residence or the address of the property.

Simplified procedure

In cases where alimony must be collected for a minor child, Article 122 of the Code of Civil Procedure provides for the possibility of issuing if alimony is calculated as a share of income. This procedure is considered a simplified collection procedure, because it is enough for the parent to submit an application for the issuance of an order by the court, which, in turn, must contain:

name of the court;
Applicant's full name, address, telephone number;
Full name of the debtor, address, telephone number and place of work;
the requirement to establish alimony maintenance and the circumstances confirming these requirements;
list of attached certificates and documents.

Required documents

Child support requirements must be supported by documentation. To do this, attach to the application:

birth certificates for children;
a certificate stating that the child lives with the claimant (for example, a certified certificate from the HOA);
state duty receipt (amount - 100 rubles);
if available, a certificate of the debtor’s income.

If the claimant does not have a certificate of the debtor’s income (this happens in most cases), the court independently determines the size of the second parent’s salary. The judge issues a court order within five days. It contains, in addition to information about the court, the claimant and the debtor, the amount of alimony to be paid monthly and account details. The debtor has the right to cancel the order: 10 days are allotted for this, counted from the moment of its delivery.

Consideration of the case in a lawsuit

If the other parent cancels the order, child support is required by filing a claim. The rules for determining jurisdiction and jurisdiction are similar for both filing an application and filing a claim.

The form of the claim and content are approximately the same as that of an application for an order. In addition to the previously listed certificates, the claim is additionally accompanied by copies for the defendant. The claim must reflect how alimony should be calculated: by establishing, by a fractional ratio to the salary, or by using two methods in combination.

However the court can either increase or decrease these shares, based on the financial condition of the debtor. If his earnings are not stable, or he receives a salary in the currency of another state, fixed alimony is established.

After examining the evidence presented and listening to the parties’ comments, the court decides to award alimony. Article 211 of the Code of Civil Procedure establishes that the decision on alimony awarded takes effect immediately.

A similar algorithm is applicable for collecting alimony from other obligated persons, for example, from able-bodied children, from a spouse, from parents whose children, although they have reached 18 years of age, are needy and disabled, etc.

In these cases, it is necessary to prove the existence of grounds for alimony. For example, adult children must prove that they are, firstly, disabled, and secondly, in need. Medical reports, certificates from social security authorities, etc. may be provided.

Sometimes one parent, most often the father, does not recognize the relationship with the child and refuses for this reason to pay child support. He is not and has not been in a marital union with a woman; he is not reflected in the child’s birth certificate as a father. In this case, the woman must file a claim to establish paternity and assign alimony.

A claim is filed in the district court, two state fees are paid: 100 rubles for collecting alimony and 200 rubles for acknowledging paternity. It is highly advisable to collect as many documents and certificates as possible indicating that there was a personal relationship between the parties.

Joint photos, witness statements, correspondence on the Internet or SMS correspondence are also suitable for this purpose. But the most significant evidence is the results of genetic testing. During the proceedings, it is paid by the court, and if the results confirm paternity, the burden of costs will fall on the defendant. If the results are negative, the plaintiff must pay it after the court makes a decision.

The writs of execution are sent to the bailiffs at the defendant’s place of residence. Bailiffs take measures to withhold alimony from a person’s income, in particular, by sending a corresponding resolution to the defendant’s employer.

If the defendant does not work and the debt accumulates, his property is seized and sold. The amount of alimony and the enforcement fee are taken from the proceeds, and the rest is returned to the defendant.

The father and mother of a minor child are equally responsible for his development and upbringing, as well as obliged to support him financially. In case one of the parents (or both) evades this obligation, Art. 80 of the Family Code (FC) of the Russian Federation provides for the possibility forced collection of alimony.

Such collection of alimony involves mandatory filing an application with the court by the parent-claimant and can be carried out (by applying to the court with an application for the issuance of a court order) or (by filing a statement of claim for the assignment of alimony).

To collect alimony doesn't matter whether the parents are married or divorced, living together or separately. As for going to court for child support, you can make such a demand Anytime regardless of the moment of need.

Court order for the collection of alimony

The fastest and most simplified method of court assignment of alimony is filing an application for issuance of a court order. However, not every creditor can use it, since such assignment of funds has its own procedural features.

The undoubted advantages of writ proceedings are:

speed of consideration of the application by the court – five day period from the moment of filing an appeal to the court in accordance with Part 1 of Art. 126 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation;
absence of court hearings in the case (i.e. the parties are not invited to court at all).

The assignment of alimony payments through a court order is often used as a priority method precisely because of the speed of consideration of the case.

However, if there are significant advantages for such collection of alimony, there are a number of restrictions:

The application is submitted by the claimant to the magistrate's court in the order of alternative jurisdiction (i.e. at the place of residence of either the applicant or the debtor - at the choice of the claimant).

The person applying for alimony not subject to state duty, after the issuance of a court order, it is recovered from the defendant-debtor in accordance with clause 2, part 1 of Art. 333.36 of the Tax Code (TC) of the Russian Federation.

List of documents

It is important to note that almost all documents, with the exception of certificates and applications, are submitted in copies, These include:

Direct application for the issuance of a court order for the collection of alimony.
Applicant's passport.
Child's birth certificate (if a minor is born out of wedlock - a certificate or court decision establishing paternity).
Defendant's passport (if available, not required).
Certificate of income of the applicant (from the place of work or study of the parent applying for alimony).
Certificate of income of the defendant (if available) or information about his place of work and method of receiving income.

Claim for alimony

This method of assigning funds for maintenance involves a full-fledged legal process with the obligatory summoning of persons to participate in the court hearing.

A statement of claim for the assignment of alimony, in contrast to an application for alimony, is considered by the court for a longer time - before the end of the month according to Part 2 of Art. 154 Code of Civil Procedure.

When filing a claim, maintenance funds can be recovered from a person who already has other alimony obligations.

Moreover, funds for the maintenance of a child can be assigned through litigation in any way:

in shared withholding from the defendant’s income in accordance with Part 1 of Art. 81 SK;
in a fixed amount of money in accordance with Art. 83 SK;
in a mixed way, i.e. simultaneously in shares and a fixed amount (if the defendant has both stable earnings and additional income that is irregular in terms and amounts).

A claim for alimony is also filed to the world court at the place of residence of the plaintiff or defendant, the plaintiff also freed up from paying state duty.

If the assignment of alimony is related to the simultaneous judicial establishment of paternity (i.e., in one claim the requirements for establishing kinship and collecting alimony from the parent are indicated), the statement of claim is filed to the district (city) court.

What you need to submit

The documents required to file a claim for alimony payments are the same as for filing an application for a court order. If the applicant considers it necessary add to this list other important, in his opinion, evidence, they can also be attached to the claim.

Such supporting documents include certificates or receipts, which are not mandatory, but are often important for the consideration of a particular case, in particular:

certificate of family composition useful for confirming that the father lives separately from the family if a claim for alimony is filed by the child’s mother, who is divorced;
utility bills in a child support claim, it may be necessary to justify a fixed sum of money, since the parent pays utility bills monthly, including for the child (especially if part of the property is registered in the latter’s name);
calculation of maintenance funds the child will also be required to justify the appointment of alimony payments in a fixed amount.

Procedure for filing for alimony

An application (both for the issuance of a court order and a claim) with a package of attached documents can be submitted to the court in two ways:

send by post to the court.
submit to court through the office in civil matters.

It is best to send by mail by registered mail with notification, so that when the court receives it, the applicant will receive a mail notification back as confirmation of the court's acceptance of the application.

To directly apply to the court, you must come to the court office during office hours and submit an application with documents to a specialist. In this case, you must ask to put a mark (court stamp) on your copy of the application. with the date of acceptance and signature of the recipient. This will protect the applicant from possible loss of documentation or violation of the deadlines for accepting the application for processing.

Can I apply for alimony during marriage?

According to statistics, alimony legal relations affect almost every third family. However, not all citizens are well aware of the nuances of alimony legislation.

Many people do not even suspect that they can collect child support while they are married, i.e. without filing a divorce and, moreover, when living together with the child’s second parent in the same territory.

Birth of children out of wedlock does not cancel their right to maintenance by parents. But in such a situation, paternity must be officially confirmed by one of the following documents:

a certificate of paternity issued by the civil registry office;
a court decision establishing paternity that has entered into legal force.

Deadlines for applying for alimony

The terms for collecting alimony are regulated by Art. 107 SK. Since they are essentially payments people in need, then can be collected at any time.

It is important to note that alimony is assigned from the moment you go to court, that is from the date the court accepted the application on the assignment of payments, and not from the date of the court decision.

Example. Olga L. divorced her husband in January 2018. After this, the man left the family and soon withdrew from raising and supporting their joint son, born in 2009. On May 14, 2018, Olga filed a statement of claim with the court demanding the assignment of alimony for the maintenance of her son from her ex-husband. The court hearing was scheduled for May 19, 2018, but the defendant did not appear in court and did not receive a summons. The defendant also did not appear at the second meeting, and the third meeting was held by the court without his presence. Despite the length of the trial due to the defendant’s failure to appear, Olga’s alimony will be paid starting May 14, 2018.

Family law also provides for the collection of alimony over the past period, or purpose of funds within three years of non-participation the defendant to support a needy person, if the claimant took measures to obtain funds, and the defendant evaded this obligation. This possibility remains even after three years after the child reaches adulthood.

Example. Evgenia and Alexander M. divorced in 2007, they have a common daughter born in 2004. After the divorce, Alexander remarried, a child was born in the marriage, and the man began to devote himself entirely to his new family. Evgenia repeatedly (over several years) turned to her ex-husband with requests for financial help for their common daughter, but Alexander ignored such requests or refused. In 2010, Evgenia filed a claim for alimony from the girl’s father, including for the past years of his non-participation in the child’s life (since July 2007, the parent’s actual departure from the family). As evidence, she attached to the documents an SMS correspondence with the defendant, containing her requests for financial assistance to her daughter and the defendant’s refusals. Evgenia's claims were satisfied by the court in full.

It should be noted that when establishing paternity, alimony can only be awarded from the moment of confirmation of this fact in the registry office or in court, and the collection of payments for the past period is not provided for by law.

How to sue for alimony for a common-law husband?

Applying for alimony in favor of the common-law spouse is excluded by law: the parties must be officially married. If we are talking about collecting alimony for a common child (children) from persons who are not married to each other, the main condition is the paternity previously established in relation to the children. If there is a document establishing paternity from the civil registry office or a similar court decision, the procedure for collecting alimony is the same as for married persons. If paternity has not been established and the father is only the biological parent, it is necessary to file a complicated claim - a statement of claim on establishing paternity and assigning alimony. Such a document is submitted to the district (city, regional) court, the applicant is not subject to state duty. If the court recognizes the parent as the father of the child, alimony will be collected from the moment the court enters into legal force.

How to sue for alimony in a fixed amount?

Apply for alimony in a fixed amount of money in accordance with Art. 83 of the IC is possible only by filing a statement of claim with the same name in the magistrate’s court; it is impossible to recover a fixed amount through a court order. The basis for applying for payments in a fixed amount is the defendant’s lack of a job, unstable income, receipt of wages in foreign currency or in kind, or inconsistency of the share withholding with the needs of the child (low income of the payer). The statement of claim is submitted to the magistrate's court at the place of residence of the plaintiff or defendant (as is convenient for the applicant), the requested fixed amount must be justified by the applicant (usually its value is half the subsistence level for the child in the region of his residence). Alimony for the maintenance of a spouse or parent is collected by the courts only in a fixed amount of money in accordance with Art. 91 and part 3 of Art. 87 SK.

Which court should I file for alimony if the defendant lives in another city?

Claims for the collection of alimony have alternative jurisdiction. This means that they can be considered both at the place of residence of the plaintiff and at the place of residence of the defendant (the applicant is allowed to choose where the case will be considered). If the defendant lives in another city, it is more beneficial for the applicant to have the claim considered at his own place of residence, since this will give him the opportunity to independently attend the hearings and defend his point of view in court. If the defendant fails to appear, the alimony case can be considered without his participation, which is also beneficial to the applicant.

One of the fundamental responsibilities of citizens is to support their children in a manner determined independently and/or by the legislation of the Russian Federation (Article 80 of the Family Code of the Russian Federation (FC RF). Adult children are obliged provide financial assistance to parents who are disabled and in need of help (Article 87 of the RF IC). The legislator does not provide exceptions to these rules.

Parents are not exempt from child support neither depending on the fact of being married, nor for health reasons.

Is it possible to apply for alimony during marriage?

The legislator does not link the obligation of parents to support minors with the fact that the parents enter into marriage. Parents determine the payment procedure, conditions and amounts of maintenance independently, either orally or in writing by conclusion alimony agreements. If parents cannot reach agreement on the procedure for maintaining minor children, one of them has the right to apply to the district court with a statement of claim for the recovery of alimony at the plaintiff’s place of residence, attaching the necessary evidence.

Statement of claim must contain:

a requirement to collect alimony as a share of the defendant’s income or in a fixed amount;
evidence that the defendant is not providing maintenance to the minor;
marriage certificate details;
details of the child’s birth certificate;
documents indicating the financial security of the plaintiff and defendant and their level of income;
other evidence supporting the plaintiff's claims.

Is it possible to apply for alimony without marriage?

The legislator does not recognize so-called “civil marriages”; only marriages registered with the civil registry office have legal force. But this provision does not in any way affect the rights of children born in civil marriages. Rights and responsibilities of parents of minors born in an unregistered marriage do not differ from the rights and obligations in relation to children born in a legal marriage. Thus, parents of children born in an unregistered marriage are obliged to support them.

The procedure for collecting alimony is not different from the conditions for collecting alimony for a child born in marriage, with one exception. The mother filing a claim for alimony must prove the paternity of the defendant.

In accordance with Art. 48 of the RF IC, the father of a child born from persons who were married at the time of his birth, as well as those born within 300 days from the date of its dissolution, recognition as invalid, etc., is the mother’s (former) spouse. Paternity is certified by a marriage record.

If the child was born in a civil marriage, then it is possible two ways:

filing a joint (father and mother) application to the civil registry office or a single application in cases provided for by law;

After the birth of the child, the father and mother submit to the registry office a joint statement about recognizing a man as a father. If the parents cannot submit the application in person, then they can submit the application themselves, and the signature of the person who cannot appear at the registry office must be certified by a notary.

The legislator provides for the possibility of the father filing preliminary statement during the mother's pregnancy, if there are circumstances that prevent joint filing of the application.

The legislation of the Russian Federation regulates the circumstances when filing a joint application is impossible. In these cases the father can apply alone:

death of mother;
recognition by the court as incompetent;
deprivation of a woman's parental rights;
the unknown of her whereabouts.

Based on the results of consideration of the parents’ application or individual application, the registry office issues paternity certificate. For state registration of paternity establishment, a state fee is paid duty of 350 rubles(Clause 3, Clause 1, Article 333.26 of the Tax Code of the Russian Federation (TC RF).

It is possible only with the consent of the person (upon reaching the age of majority) (Article 48 of the RF IC). If a person does not agree with paternity, then his . To do this, the mother (guardian) must file a claim with the district court. There is no statute of limitations.

The plaintiff must provide to the court proceedings documents confirming his requirements, namely:

child's birth certificate;
certificates, testimony about cohabitation with the defendant during the period of conception and birth of the child;
correspondence, money transfers from the defendant;
extract from the defendant's biography;
other evidence confirming the fact of paternity.

When considering a case to establish paternity, the court takes into account any evidence that can clarify the circumstances of the case and confirm or refute the paternity of a person. In addition, the court has the right to order an examination of the child’s origins using the method "genetic fingerprinting". If the parties avoid conducting an examination, the court has the discretion to decide whether there is evidence of paternity or not.

Is it possible to apply for alimony after a divorce?

In accordance with Art. 90 of the RF IC, after a divorce he has the right to demand payment of alimony for his maintenance from ex-spouse the following persons:

ex-wife during pregnancy and for three years from the date of birth of the child;
a parent caring for a disabled child until the child reaches 18 years of age or a disabled child of group 1 since childhood.

Spouses can enter into an agreement on the payment of alimony, which must be certified by a notary and from the moment of such certification has the force of a writ of execution.

When failure to reach agreement, the mother can apply to the district court at her place of residence with a claim for the recovery of alimony. No state duty is paid.

When making a decision determining the amount and procedure for paying alimony, the court takes into account the financial security and marital status of the parents, other circumstances (incapacity of family members, the onset of disability or the presence of an illness that prevents the continuation of work in the same place, the child entering work or engaging in entrepreneurial activity). activity).

Can a single mother apply for child support?

In the legislation of the Russian Federation there is no concept of a “single mother”, however, a single mother is considered a woman who gave birth to a child in a civil marriage and does not have a record of the father on the child’s birth certificate or this entry was made at the direction of the mother. A single mother is the only parent for a child who bears responsibilities towards the child and has rights.

Is not a single mother a woman who divorced her husband and was left alone with the child.

Single mother is the only parent minor. In accordance with Art. 80 of the RF IC, the obligation to support their children arises from parents, therefore only a single mother has the obligation to support her child. Accordingly, a single mother cannot file an application for alimony. At the same time, a single mother has all the rights in relation to her child and has some benefits granted to her by the legislator.

Single mother Ivanova, in order to obtain a tax deduction for her child, provided the child’s birth certificate and a certificate from the registry office, which indicated that information about the father was recorded from the words of the mother. Since Ivanova is the only parent of a minor, the tax deduction for the child should be provided to her in double amount.

The situation can change if it happens. In this case, an entry about the real father will be made in the child’s birth certificate, and the mother, in the absence of the father’s consent to pay alimony, can apply to the court to collect alimony.

In what cases do parents file for child support?

The legislator establishes the obligation of adult children to support their parents (Article 87 of the RF IC) if they are disabled or need help. Children can enter into an agreement with their parents on the procedure for paying child support, or, if agreement is not reached, the parents can file a claim in court.

Disabled are citizens who have reached retirement age or are disabled.
Those in need Parents are considered to be helping citizens who do not have the means to make a normal living or who have insufficient means.

The court determines the amount of alimony in each specific case, based on the financial situation of the parents, children, and the degree of their need. The amount of alimony is established in a fixed amount of money, which is paid monthly.

Moreover, if a parent has several adult children, then the court takes this circumstance into account, regardless of whether the application was submitted to one or more defendants.

In accordance with Art. 88 of the RF IC, adult children are required to bear additional expenses for maintaining their disabled parents in the following exceptional cases:

serious illness of a parent;
injury, injury;
payment for parental care by third parties.

The list of exceptional cases is not closed, i.e. may be supplemented by the court at its discretion. The amount of additional expenses can be determined by agreement between the parent and child or by a court decision.

If during the trial it is established that the parents did not raise their children, did not provide money for their maintenance, and were not interested in their lifestyle, then alimony may be denied.

Deprivation of parental rights entails the loss of all parental rights, including the right to support adult children.

Questions from our readers and answers from a consultant

I was in a civil marriage in which I gave birth to a daughter. My father abandoned us, was not interested in his daughter, and did not recognize paternity. Can I sue him to get child support?

You can file a petition with the court to collect child support, but this will require establishing paternity. To do this, you need to submit an application to the court to establish paternity simultaneously with the first application. If paternity is established, child support will be paid from the date you submit your application. But it is necessary to keep in mind that in such a situation, your former common-law husband will have the right to receive maintenance from your daughter when she reaches 18 years of age.

I am 65 years old, my son lives in another city, does not communicate with me and does not help me. My pension is not enough even for food. What should I do?

In such a situation, you need to try to contact your son and agree on the amount of support that he can give you, since children are obliged to support their disabled parents. If you receive a refusal from your son, you have the right to go to court with a demand to collect alimony for you from your son.

Alimony is maintenance that minors, disabled and/or needy family members have the right to receive from their relatives and spouses, including former ones.

A child can count on child support:

if he is under 18 years of age and has not yet become fully capable by decision of the guardianship authority or court. The child's guardian, trustee, adoptive or natural parent with whom the child remains can apply for alimony in favor of the child;
if he is over 18 years of age but declared incompetent.

One of the spouses can count on alimony if:

he needs and is recognized Disabled adults entitled to alimony are considered disabled people of groups I, II, III and persons who have reached the generally established retirement age.">disabled. This right continues after divorce if the spouse became incapacitated before or within a year thereafter;
the wife, including the ex-wife, is pregnant or less than three years have passed since the birth of their common child;
a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child who has been disabled since childhood, group I;
ex-spouse Those in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances.">needs and reached retirement age before the divorce or within five years thereafter, and the spouses were married for a long time.

You can also receive alimony:

disabled parents who need help, including stepfathers and stepmothers, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including their ex;
minor grandchildren - from their grandparents who have sufficient funds for this, if they cannot receive alimony from their parents. After reaching adulthood, grandchildren can count on alimony if they are declared disabled and cannot receive help from their parents or spouses, including former ones;
incompetent persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incompetent persons over 18 - if they cannot receive alimony from their children;
disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive support from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
Social service organizations, educational, medical or similar organizations that support the child may apply for child support in his favor. In this case, child support can only be collected from the parents, but not from other family members. Organizations can place the funds received in a bank at interest and retain half of the income received to support children.

2. How to apply for alimony?

If there is no agreement between the parties on the payment of alimony or the other party refuses to pay it, contact the court at your place of residence:

to a magistrate, if the collection of alimony is not related to establishing, challenging paternity or maternity, or involving other interested parties;
to the district court - in all other cases.

If one of the parents voluntarily pays child support without drawing up a notarized agreement, the court can still collect child support from him or her in favor of the child.

You can apply for alimony at any time as long as you or the person whose interests you represent are entitled to it.

The plaintiff does not pay a state fee for considering a case of alimony collection in court.

3. What documents are needed to apply for alimony?

The application for alimony must be accompanied by:

its copies - one each for the judge, the defendant and each of the participating third parties;
documents confirming the circumstances that allow you to apply for alimony, and copies of these documents for the defendant and each of the third parties involved. Such documents, for example, may be a child’s birth certificate, a marriage or divorce certificate;
a single housing document and income certificates for all family members;
calculation of the amount you expect to receive in alimony. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and third parties involved;
if the claim is not filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.

As a rule, alimony is assigned from the moment the application is filed with the court. They can be accrued for the previous period (but not more than three years before the date of going to court) if you provide evidence in court that you tried to contact the other party and come to an agreement, or that the defendant is hiding his income or evading payment of alimony. Such evidence may be letters sent by email, telegrams or registered letters with notification.

4. What is the amount of alimony?

The court determines the amount of alimony based on the financial situation of both parties. Child support for minor children usually amounts to:

for one child - a quarter of income;
for two children - a third of income;
three or more children - half the income.

These shares can be reduced or increased taking into account the financial and marital status of the parties and other important Including whether the alimony payer has other minors and/or disabled adult children, or other persons whom he is obliged by law to support; low income, health condition or disability of the alimony payer or the child in whose favor they are being collected.

">factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If each of the parents has children, the court determines the amount of alimony in favor of the less wealthy one.

In addition to the share of income, the court may award alimony or part thereof in the form of a certain amount of money. As a rule, such measures are resorted to when the defendant hides part of his income and the share of his official income cannot provide the child with the standard of living that he had.

In exceptional circumstances - illness, injury of a child, etc. - the court may oblige one or both parents to pay additional expenses.

The amount of alimony is indexed in proportion to the increase in the cost of living (for the population group to which the recipient belongs).

As a general rule, alimony withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.

5. Who can not pay child support?

Parents are required to support their children after birth and until the age of 18, unless the child marries or Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including a contract) or with the consent of his parents (adoptive parents, guardian) is engaged in entrepreneurial activity. The decision on the emancipation of a minor is made by the guardianship and trusteeship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.

">emancipated. Parents must support the child, even if he does not need financial assistance. The incapacity of the parents, recognition of their incompetence in court, or deprivation of parental rights also does not relieve them from this obligation.

Alimony may be denied:

a spouse, including an ex-wife, if he or she has become disabled and needs help due to alcohol or drug abuse or as a result of committing a deliberate crime, or has behaved inappropriately during marriage, for example, gambling;
to your ex-spouse if the marriage did not last long. The court itself decides which marriage is considered short-lived - the age of the spouses, the number of previous marriages, the time they lived together and other circumstances are taken into account;
disabled and needing help parents, including stepfathers and stepmothers, who demand alimony from their children if the court finds that they evaded parental responsibilities or were deprived of parental rights;
educators, if they supported and raised children under five years old or did so inappropriately;
a disabled ex-spouse in need of help if he has entered into a new marriage;
child if he is adopted by another family.