Prepare a claim for the recovery of alimony. Complaint for the recovery of arrears of alimony

Often parents who have to raise and support a child alone ask themselves the question: “How many times can an application for alimony be submitted?”

This is due to the fact that the trial does not always end positively for the plaintiff. Receiving alimony allows a parent who is raising an adult alone to provide him with the level of income that is due by law.

Financially, according to the Russian Family Code, both parents must support common children until they reach adulthood. Alimony can be received both by voluntary agreement of the two former spouses, and by court order, where the claim is filed.

Even in the course of reaching an agreement at the pre-trial stage, disputes can often arise. The mother may feel that under the circumstances, the funds paid by the ex-husband for the child are not enough. The father, on the other hand, can be sure that he gives too much money to his ex-wife, so he does not have enough remaining funds to support his new family and himself.

Often, payers miss the deadlines for payments or do not pay them at all, although the court awarded them a regular payment of alimony in a specific amount. In all these cases, a mother raising children alone can go to court with the question of how to get the money due, is it necessary to write a statement of claim for alimony again?

Each such situation is individual and requires special consideration. But it should be remembered that it is impossible to file a lawsuit in the same form a second time in court after it has made a positive decision on the first lawsuit. In this case, the defendant's failure to comply with the court decision cannot be, from a right point of view, a weighty reason for the repeated collection of alimony.

You can apply to the court again in the following cases with an initial court decision or court order if:

the amount of alimony is indicated in a fixed amount, and it has increased or decreased;
you need to receive an additional payment for the maintenance of a mother who is caring for a child under three years of age or is on maternity leave;
it is necessary to change the form of accrual of alimony from a fixed amount to a share or vice versa;
The defendant ceased to pay the sums of money at all.

If the defendant fails to comply with the court decision, a second claim for alimony cannot be filed. The problem of non-payment is considered by the court in a special order. To do this, the interested person must contact the bailiff service. In some cases, it makes sense to consider the case of non-payment in court. An application must be written to the bailiff service according to the protocol of enforcement proceedings.

Important! In the event that the court made a positive decision on the recovery of monetary payments from the defendant, then it makes no sense to apply there again. The claim will simply not be considered. A person will lose the money paid for the repayment of the state duty, and time.

By law, the defendant must pay child support from the date the first claim is filed until the child reaches the age of majority. If the child is a disabled person of the first group, then his maintenance will be for life.

No one can reverse a judgment. It is valid indefinitely. Therefore, the second similar claims are simply not considered by the court. The problem should be resolved within the framework of the execution of the first judgment, and not in the form of a re-filing of a similar claim.

Reclaiming child support

A court decision on a writ of execution, in accordance with the general procedural rules, must be carried out by bailiffs. They check the defendant's property, his real material wealth. Bailiffs can seize property and even sell it in order to obtain the required amount for the payment of alimony, determined by the court.

In some cases, the mother is forced to refuse alimony, as the former spouse can blackmail her with the right to sign the second parent on documents allowing travel to another country or to another place of residence.

To refuse alimony, a woman must write an application for refusal of maintenance to the bailiff service. After that, the enforcement proceedings are completed, the writ of execution is returned to the woman and the search for the defendant's property and its sale are stopped.

By law, the completion of judicial proceedings is considered to be completed from the moment the application for waiver of alimony is submitted.

Worth remembering! Refusal of alimony does not deprive the plaintiff of the right to receive alimony again. The plaintiff may at any time bring the writ of execution to the bailiffs again. The court decision is valid until the child reaches the age of majority, unlike other writ of execution, the validity of which should not exceed three years.

In such a situation, alimony will begin to accrue from the moment the second filing of the writ of execution. The period when the document was with the plaintiff should not be taken into account by law.

Can I reapply for child support to adjust the amount?

Art. 119 of the Family Code of the Russian Federation regulates situations when one of the parties wants to change the amount of alimony. There is a special procedure for this. With its help, you can increase or reduce the amount of maintenance established by the court. The law provides for the possibility of changing the financial situation of the plaintiff and the defendant, both in the direction of its increase and in the direction of decrease.

Payments are reduced in the following cases:

the emergence of high incomes for the mother of the child, which ensure the full maintenance of the minor, and the poor financial situation of the father, when alimony becomes an unfulfillable financial obligation for him;
disability of the former spouse, which occurred after the dissolution of the marriage and entailed an increase in medical expenses along with the loss of a stable and large income.

Alimony increases after circumstances are identified that indicate that the alimony is not enough to support children. It can also serve as an argument for increasing the amount of alimony due to the deterioration in the physical well-being of the parent with whom the minor child lives.

What to do to formally change alimony payments?

In the event that alimony is paid under an amicable agreement reached in pre-trial proceedings by the parties, then the document of the agreement should be rewritten, having certified it by a notary. The amended agreement must be signed by both spouses. But this rarely happens in legal practice. More often, the amount of alimony has to be increased in court.

Only the judge can change the amount of child support ordered by the court. To do this, you need to draw up a new claim for a change in the amount of payment. The filing of a claim is carried out according to the same rules as filing a statement of claim for the recovery of monetary payments from the second parent by the court.

Need to remember! All documents on changing cash payments for the maintenance of a child must be filled out correctly, observing procedural standards and applicable laws. The plaintiff must support all grounds with reliable facts and arguments that are documented.

Sample re-application for alimony to bailiffs

To restore payments for the terminated by the plaintiff, the executive person only needs to write an application to the bailiffs. It is filled in the same way as the first application.

It specifies:

personal data of the plaintiff and defendant;
number and date of the writ of execution;
alimony recipient's account.

Along with the application, you must submit a writ of execution issued by the court to the alimony claimant. A sample application for alimony can be downloaded.

If the writ of execution is lost, the recoverer must apply to the court that issued it, or to the notary who certified the settlement agreement.

What documents are needed to reapply for child support?

When applying to the court for the second time to receive alimony, you need to carefully select the documents and fill out all statements of claim so that they are considered and the case is taken to court for consideration.

It is necessary to carefully study the Family Code of the Russian Federation and collect a package of documents, including:

originals and copies of passports of both former spouses;
birth certificate of the child - copy and original;
statement of claim written in two copies;
documentary evidence of the location of the defendant;
marriage and divorce documents - copies and originals;
an extract from the house book confirming the place of residence of the plaintiff;
documentary evidence and conclusions about the disability, retirement age and disability of the plaintiff;
a document confirming the income of the defendant - the father of the child;
receipts confirming the payment of the state duty for filing a claim with the court.

You need to understand that the court may require a number of documents from the defendant, which must confirm the state of health of the child, the presence of his disability. You will need proof of income of the claimant. If the mother cannot receive a document on his income from the former spouse, then the place of his work must be indicated in the statement of claim. Problems arising in the preparation of documents for re-applying to the court for the recovery of alimony can be resolved on the website of the Supreme Court of the Russian Federation.

How many times can you reapply for child support?

A parent raising a minor does not have the right to refuse to receive alimony, since they are paid to the child, and the parent is his official representative. Refusal of alimony will be calculated by the court as a violation of the rights of the child. It is possible to withdraw the statement of claim from the court only in the event of a peaceful settlement of the problem of payments at the stage of pre-trial proceedings.

When the payer ceases to pay alimony to the recoverer after the latter withdraws the writ of execution, without fulfilling the settlement agreement, then an appeal must be filed with the court. The second appeal to the court is carried out in the same way as the first one. It is necessary to collect all the documents that are attached to the statement of claim. It is necessary to provide a copy of the settlement agreement in the package of documents. If it is lost, then it should be restored by the notary who certified it.

Filing a claim for re-collection of alimony can occur any number of times, you just need to fill out the documents correctly and give arguments that are legally appropriate. Otherwise, the court will refuse to consider the claim. In case of refusal, you need to check all documents, eliminate errors and file a claim again.

Alimony - mandatory monthly cash payments assigned in favor of a minor child and paid to him by one of the parents who do not live with the child or do not take part in his upbringing.

One of the ways to receive child support from the second parent is. A claim for the recovery of alimony is filed in the magistrate's court located at the place of residence of the defendant. If this is not known, the plaintiff may file an application at the known place of the last location of the defendant or his property.

The legislation provides for a certain amount of alimony collected from the payer. The amount of alimony depends on the number of joint children (1/4 of all income for one child, 1/3 for two children and 1/2 for three or more) and can be established both as a share, and which is determined by the nature of the income received by the payer, as well as other factors. Therefore, in the statement of claim it is necessary to indicate how much the plaintiff wants to recover from the defendant.

Filing a statement of claim demanding the recovery of alimony is not subject to taxation, since the Tax Code exempts plaintiffs from paying state duty when filing applications demanding the appointment of alimony. Exemption of plaintiffs in this category of cases from payment of state duty is a kind of tax benefits.

Also, in the statement of claim, it is necessary to indicate whether the marriage with the defendant was registered, and whether the defendant recognized the child. When filing a claim in this category of cases, it is not necessary to provide evidence of the stated requirements, since the payment of alimony for the needs of the child is the task of parents, which is established by law.

The application must indicate the date from which the alimony will be paid by the defendant. As a rule, the day of application is indicated as such a date.

Approximate form of a statement of claim for the category of cases for the recovery of alimony

IN_________________
(Name of the Magistrate's Court with
indicating the court number)
cities_____________
Plaintiff:_____________
(Indicate the full name of the applicant,
address, phone number)
Respondent: _____________
(indicate the full name of the defendant,
address, phone number)

Claim for the recovery of alimony

I, (full name) and the defendant (full name of the defendant) have a joint child (full name of the child and date of birth).
(Next, it is necessary to indicate whether the marriage was officially registered, and whether it was subsequently dissolved. Indicate the date of marriage and the date of dissolution of the marriage, and in the absence of marriage, indicate whether the child was recognized as the defendant in the proper manner).
Our common child lives exclusively with me. The defendant lives elsewhere and does not take part in the upbringing and maintenance of the common child. The child is supported by me on my own income, the defendant does not provide material assistance, although he does not have other children, as well as other obligations that do not allow him to provide material assistance to our joint child.
It is not possible to establish the amount and procedure for paying alimony by the defendant by means of an agreement, the defendant evades his obligation and refuses to conclude agreements.
Guided by the norms of the Family and Civil Procedure Codes,
Ask:
1) To oblige the defendant (full name of the defendant) to pay monthly alimony in the amount of ___ (indicate the share depending on the number of children) from all income he receives, with the exception of those from which no deductions are made, for the maintenance of our common child, not who has reached the age of majority (full name of the child and date of birth) since the submission of this application (date of submission).
I am enclosing the following list of documents with the application:
1) A copy of the statement of claim for the defendant.
2) A copy of the child's birth certificate. (+one more copy for the defendant).
3) A certificate from the place of residence of the plaintiff, confirming the fact that the child lives with him.
4) Certificate of marriage and divorce (if a marriage was concluded).
5) Certificate of income of the defendant, confirming his ability to pay alimony (if any).

Date_____________ Signature____________
(date of application) (signature of the applicant with a transcript)

Child support is money paid by one parent to the other. They are aimed at the maintenance of a child under 18 years of age. Alimony can be assigned to spouses (parents lived in a civil marriage). The procedure for collecting these funds can be voluntary - this is when there are no disputes between the parents and it is signed. Or it can be forced - that is, the interests of the child will be defended in.

Recovery of alimony in court

In most cases, the former spouses fail to immediately agree, and child support is established in court. This process is regulated (). The basis for going to court is the obligation that is assigned to parents to provide for their children until they reach the age of 18 (regulated).

Alimony can be assigned if the following conditions are met:

Kinship. The payer must be the biological parent of the child.
Availability of income. If the payer has no income, the court may compensate the debt with the defendant's real or movable property.

Alimony is levied in court in the event of the breakup of a family in which there are minor children (if the marriage was concluded). The process begins when it is impossible to conclude a peace agreement.

The procedure for calculating monetary amounts as alimony is indicated in. Alimony can be held from both parents by means of establishing monthly payments: father or mother (in case the children stayed with the father). Fixed amount of money is set in proportion to the monthly income of the payer (salary, pension, bonuses, business income are taken into account):

when the child is alone 1/4 income;
when there are two children in the family, then the alimony will be - 1/3 the payer's income;
for three children 1/2 income.

The amount of alimony can be changed forensic accounting(enlarged or reduced). Everything is very individual. If the payer is charged penalty.

Application for alimony

Claim for the recovery of alimony(You can view and download here: ) is submitted to the justice of the peace either at the place of residence of the applicant, or at the place of residence of the defendant. At this stage, you must pay a state fee. In 2017, the fee is 150 rubles. If, as a result of the consideration of the case, the court ruled to collect alimony not only for the maintenance of the child, but also for the plaintiff (applicant), this amount is doubled.

A sample application for alimony in 2017 contains this information:

the name of the court (to which the application is submitted). If the applicant knows the name of the judge who will hear the case, he must also be indicated;
applicant's data (indicate your name, surname, place of actual residence, place of work);
data of the defendant (indicate not only the name and surname, but also list all sources of his income, both official and unofficial);
the date of marriage and the date of divorce;
indicate information about children (name and date of birth);
describe in detail the circumstances on which this document is based.

Please note that there is no statute of limitations for a claim for alimony (indicated in). An application can be submitted even if the child reaches the age of majority.

List of documents to be attached to the application:

In order to prove paternity or motherhood, you must provide a certificate of birth of a child or children.
A certificate from the housing office on the composition of the family.
(if the parents were married). If the marriage is still valid, then the document is proving it.

Deadlines for considering a claim

The court order implies a period for considering a statement of claim for the recovery of alimony - 1 month. After this period, the court will consider the application and make a decision (in absentia, possibly without the participation of the defendant). The Respondent will be informed of this decision by mail.

The timing of the consideration of the statement of claim is affected by the correctness of the preparation of the document. The slightest mistake will lead to a significant delay in the trial.

What is the time frame for a judgment on a claim? The court order comes into force at the moment when the court makes a decision on the application (immediate execution). Transfers to the card should start exactly one month later after the entry into force of the decision. The defendant has the right to appeal, but until a new trial is started, the decision of the first instance will not be reversed. There are almost no cases of complete abolition of alimony in judicial practice.

The procedure for submitting documents

Consider an example of how to correctly file a claim for the recovery of child support in stages:

Before submitting an application, copies of the following documents should be prepared: personal passport, child's identity document (certificate), marriage registration document or divorce (if any).
Further, in the housing office at the place of residence, a certificate of family composition is taken.
If the second parent (respondent) lives at a different address, then you must obtain the appropriate document from the Housing Office at his place of residence. In order for this certificate to be issued, you will need to write an application addressed to the director of the housing office. It must indicate the reason for the request - an appeal to the court.
The Code of Civil Procedure also provides for the obligatory provision by the applicant of the calculation of the funds necessary for the maintenance of the child. You can prepare it yourself, and be sure to attach checks or receipts.
If the applicant knows about the income of the defendant, then this must be written in the application for alimony. This fact is of particular importance if the court considers a case on the accrual of alimony to a person who is not officially employed, but receives income from entrepreneurial activity.
If the recovery will be made for the previous period, then the application shall indicate all movable and immovable property that was or is now in the possession of the defendant.
Drafting lawsuit and collection of documents for application to the claim (the list is indicated above).
Filing a claim with the Magistrate's Court at the place of residence of either the defendants or the applicant. The document is provided in 3 copies. The application is assigned a number by which you can track the progress of the case. This can be done in the clerical department (office) of the court (where the claim was filed). Important: information is provided only with the presence of a passport and data on the registration number of the claim.
When the case is over, a judgment is issued. After the end of the appeal period (1 month), it can be picked up.
Solution must be provided bailiffs.

Important: to submit statement of claim You must have your passport with you to claim child support. Without it, the document will not be accepted in the office.

The maintenance of the child is the main obligation of the parents, on the basis of this, both men and women can be charged if they stay with their father. Also, the guardians of minors whose biological parents are deprived of rights in relation to them are entitled to claim alimony. In addition, specialized institutions in which children are kept are recipients of payments for them from their parents.

Deprivation does not mean exemption from the obligation to pay, it only applies to the possibility of exercising rights. The recovery of alimony does not depend on whether the marriage was registered between the parents. The main proof of the relationship between the child and the payer is an entry in the birth certificate (on establishing paternity).

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Collection of alimony payments by force is allowed only on the basis of a judicial act. Based on this, an application for recovery is submitted to the judicial authority. This may be a magistrate if an application for a court order is drawn up.

If it is necessary to establish other facts, for example, paternity, in the course of collecting payments for alimony, the proceedings will already take place in a lawsuit in the district court.

General requirements

Jurisdiction in alimony cases is alternative, that is, an application is submitted either at the place of residence of the father or the mother with children (at the choice of the claimant). If it is impossible to establish the place of residence of the debtor, the recoverer applies to the court at his last known place of residence, or at the place where his property is located. The rules for filing applications with the court are established by the civil procedural legislation.

The application must indicate:

the name of the court where the filing is made;
full personal data of the applicant and the defendant;
subject and grounds for the claim: information about the registration (dissolution) of marriage, on what the defendant's relationship with children is based, personal data of children, grounds for going to court, i.e. refusal to pay the defendant voluntarily;
if in the application the claimant asks to withhold alimony in a certain fixed amount, then it is necessary to justify what it consists of (costs for the child);
in the pleading part of the claim (after the words “I ask the court”), formulate the main requirements: from whom and in favor of whom and for whose maintenance to make penalties, the period of payments (until the children come of age), the amount of payments (a fixed amount or a percentage of earnings);
at the end, an application is drawn up listing copies of the attached documents, signed and dated.

A sample application for recovery can always be found on the official website of the court on the Internet or in the court building at the information stand. It should be noted that there is no difference between filing an application for alimony in marriage or with the dissolution of the latter.

You can submit two applications with different requirements separately, or one containing two requirements: the recovery of maintenance money and divorce. It is better to do this separately, since the dissolution of a marriage is a longer process than the recovery of alimony.

If the submission form is not followed, the application may be left without movement (to eliminate deficiencies) or returned to the submitter. Then, after eliminating all the reasons for the return, it can be submitted again.

When considering a case in writ proceedings, a simplified form applies. The act is adopted within 5 days without calling the parties to court. The defendant, upon receipt of a ready order, has the right to appeal against it. If the court finds grounds for canceling the order, then it will be possible to recover alimony only in a lawsuit.

The main differences between claim proceedings and writ proceedings are the obligatory call and participation of the parties, the consideration period is extended to two months, and a decision is made at the end.

It should be remembered that all copies must be readable, i.e. well printed or copied.

If the applicant does not plan to personally attend the court, then it is advisable to certify all copies with a notary

How to formally write an application for alimony

About reducing the amount

According to Russian law, it is impossible to independently reduce the amount of alimony payments. When agreeing on the amount of payments in a written agreement, changes should also be made in writing and properly certified. In the case of awarding alimony by the court, a change in their amount is also made in court.

Reduction of payments may occur in the following cases:

acquisition by the claimant of incapacity for work of I or II degree;

the conclusion of a minor marriage, provided that he works or is engaged in business;

receipt by minors of income from their own property (dividends from shares, rental payments from real estate), which significantly exceeds the amount of alimony;

the appearance of additional expenses for the debtor (at the birth of new children, upon receipt of the incapacity for work of the new spouse).

The court may refuse to reduce payments if it establishes:

increase in the creditor's income;

appointment of new payments;

donation or inheritance of valuable property.

An application for a reduction in the amount must be submitted at the place of consideration of the initial dispute or at the address of the plaintiff's registration. As a rule, such applications are almost always submitted by debtors. is calculated on the basis of the amount for which the reduction is claimed.

The claim must comply with Art. Art. 131-132 Code of Civil Procedure of the Russian Federation, in particular, must contain information:

about the court;

about the full name and address of the plaintiff and defendant, telephone numbers;

about the grounds for reducing payments;

an indication of the impossibility of resolving the issue out of court;

information on the amount of previously awarded payments with a copy of the judicial act attached;

calculation of expected payments;

a claim for a reduction in alimony;

attached copies of documents according to the number of parties.

Taking into account all the circumstances of the case, the opinions of the parties, the interests of the child, the court may refuse the plaintiff's demand to reduce the alimony and leave the previous payments unchanged, reduce their amount, or completely release the payer from them.

If the other parent does not object to the reduction, then the court may accept recognition of the claim or approve a settlement agreement between the parties.

Applications for maintenance are drawn up in any form, taking into account the mandatory requirements of procedural legislation. An example of writing can be taken in court.

The introductory part of the don contains personal data of the parties, representatives, details of identity documents, addresses, telephones. The following describes the essence of the requirement and focuses on the need for alimony, the amount of debt. The application ends with a request to the court for recovery.

In this part, the applicant states:

personal data of the payer, his passport data, date and place of birth, address;

Name of the child, date of birth;

the amount of payments;

collection start date;

date of marriage registration;

date of divorce

details of marriage and divorce certificates.

To apply for maintenance, copies of documents are attached to it: on marriage, divorce, birth of children, certificates of salary, on family composition. The claimant must live in the same place as the child. The plaintiff - the applicant for alimony, has the right to collect them at any time, regardless of the period that has passed since the emergence of the right to them.

The court may refuse to accept an application to a citizen if:

the impossibility of resolving the claim in civil proceedings.

the presence of a court decision on the same dispute between the same parties;

the presence of an arbitration court decision on the same issue and between the same persons.

Repeated collection of funds for the maintenance of the same person is prohibited.

However, the expression "re-application" occurs in practice and has the following meaning:

a lawsuit was filed, but it was returned;

funds for maintenance were collected, a writ of execution was issued, which was sent to the bailiffs, but the recoverer subsequently took it away (however, the law does not prohibit taking the writ of execution for alimony and re-submitting it an unlimited number of times);

filed a claim for a change in the amount of payments.

For divorce

Dissolution of a marriage with the disagreement of one of the parties is carried out in the magistrate's court if the spouses have children under 18, but they do not have a dispute over their future place of residence, in the event of a property dispute with a claim value of not more than 50 thousand rubles Cases of this category, but more complex (dispute over children, while establishing paternity, deprivation of rights, division of property in excess of 50 thousand rubles), are considered by district courts.

The application for divorce must be accompanied by:

the second copy of the application for the defendant;

copies of marriage certificates according to the number of parties;

a copy of the birth certificates of children according to the number of parties;

original receipt of paid duty.

If the issue of children and property is resolved amicably, then a notarial agreement on this is attached to the application, if not, then the applicant submits an inventory and valuation of property, his version of the division

Samples of writing lawsuits in court are different, it all depends on the circumstances of a particular case.

An application for divorce usually contains:

the name of the court, district judge of the peace;

personal information of the parties;

the circumstances of the case: the date the marriage began and the date it ended, the place of its conclusion, information about the children, the existence of an agreement on who they will live with, the amount of alimony, etc.

an indication of disagreement with the divorce of the second spouse;

reasons for divorce;

the pleading part: on divorce, on the division of property (if there is a dispute), on alimony (if there is a dispute), on the place of residence of the child (if there is a dispute);

list of attached copies of documents, date, signature.

There are various ways to file for divorce. If there is mutual agreement and there is no dispute about children, the application is submitted jointly to the registry office at the place of marriage registration personally by the applicants or through representatives, you can also fill in all the data through the “State Services”, and then come at the appointed time with the necessary package of documents, after paying the state duty.

If the divorce is made in court, then the claim is filed through the reception personally by the applicant, or his representative, or sent by registered mail with notification. You will be notified of the time and place of the meeting by mail, telegram or telephone.

Procedural term for consideration of the application by the court from 2 months (1 to 3 months given for reconciliation of the parties), also the term for the entry into force of the court decision is 1 month. After that, it will be possible to obtain a divorce decision and apply with it to the registry office to obtain a certificate of divorce and affix a stamp in the passport.

bailiffs

It is known that maintenance payments are withheld either at the place of official employment of the payer, or by bailiffs through their service.

After the start of proceedings, the bailiff sends a writ of execution to the accounting department at the payer's place of employment, where an internal order must be issued to withhold deductions from the debtor's earnings.

If the payer does not have a place of work, the contractor sends a request for bank accounts opened in his name, the presence of property. In addition, the bailiff may invite the debtor to an official conversation. If the payer does not fulfill the obligation to pay, the contractor may impose a restriction on the right to travel outside the Russian Federation.

The legislation on the family obliges the debtor to inform the executive bodies involved in the recovery of the change of place of work, place of residence, the occurrence of additional income. Such information within 3 days should come from him to the bailiffs.

Alimony evaders pay a penalty in the form of 1/2 percent of the amount of the debt for each day of delay in payment. Such a recovery is made by the court at the request of the claimant. In addition, if payments are not made on time, the bailiffs, at the request of the recipients, issue a resolution in which the delay is calculated and recorded. This document is subsequently used as evidence in court.

In case of loss, the guilty person must apply to the court with a request to issue a duplicate. The inaction of the bailiffs can always be appealed by the applicant to a higher authority or to the court.

Basic design rules

Starting from 2019, all claims for the recovery of maintenance for children that are not related to the establishment or contestation of paternity (maternity), the need to involve other interested parties, are drawn up only in the form of an application for a court order through the Magistrate's Court. A claim is filed only in the event of an annulment of a court order.

When writing an application, you can type it in typewritten text or write it by hand. All personal data of the applicant, the defendant are written in full, without abbreviations. The actual place of residence is indicated, since all documents, summonses and notices will be sent there.

If possible, it is necessary to indicate phone numbers, since if there is the consent of the person, in order to speed up the notification process, notifications are made in the form of an SMS notification or a phone call with a telephone message. This allows the courts to significantly save time and public funds.

It should be remembered that alimony will be collected from the date of application to the court, but it can also be collected for the past period within 3 years preceding the day of application. The application must indicate the amount to be recovered (in shares or a specific amount).