What certificates are needed for alimony. Application to the court for alimony: sample. What documents are needed to apply for child support?

The percentage of broken families in Russia is steadily growing, no matter how sad it is to admit this fact.

It often happens that spouses after a divorce do not want to communicate with each other, and this is their right.

However, it is not uncommon for their own children to fall under the same “comb”, and then the mother is forced to resort to the help of the law in order to receive the due child support.

In order to competently draw up an application, you should know what set of documents will need to be collected to apply for alimony, and also, in general, be familiar with the procedure for accruing and paying due payments. What documents are needed to apply for alimony, consider below.

Voluntary agreement on the payment of alimony payment

If for some reason the other party refuses to pay, you should first find out these reasons and try to negotiate with the ex-spouse peacefully. If the attempt fails, it is necessary to resort to the help of legislation, which is obliged to protect the rights of both minor citizens and mothers who single-handedly raise children.

Before going to court, the plaintiff should prepare the necessary documents to apply for child support. List of documents for alimony:

application of the established form for the payment of alimony;
divorce certificate;
certificate confirming the fact of residence of children with the plaintiff;
utility bills;
a document indicating the location of the payer.

For each child, it will be established in court on the basis of data on the income of the payer and the minimum provided by law.

As for the application, it should be filled out with all responsibility - it will largely depend on whether your application will be accepted for consideration or rejected at the submission stage. If you are not sure of your legal competence, it is better to contact specialists in this field. In general, the application should contain the following items:

the name of the court where the application for the payment of alimony will be considered;
data of both parties - the plaintiff and the defendant, including the location of each of them;

You should dwell on the claims in detail and justify each of them. If the court considers insufficient substantiation, the application may be rejected.

Recovery of alimony through the court, being in the process of divorce

If the spouses are in the process of divorce, and the need to receive maintenance payments is already acute for the parent in whose care the children are left, he can safely submit documents for registration and calculation of maintenance payments. The list of documents for alimony in a divorce will be as follows:

copies of the identity cards of both parents;
marriage certificate;
indicating the people living in the house;
certificate in the form 2-NDFL (information on income) of both parents.

If the plaintiff already has a divorce certificate in his hands, it should be attached to the package of documents (instead of a marriage certificate).

Benefits for a disabled child

If we are talking about the payment of alimony for a disabled child, the situation for the plaintiff is complicated by the fact that it is necessary to collect more documents. Accordingly, the process of accruing alimony will take longer. What documents are needed to apply for child support?

statement of claim and its copy;
a certificate stating that the child lives with the plaintiff;
birth certificate of the child;
certificate in the form 2-NDFL (information on income) of both parents;
certificates, conclusions of MSEC and other documents confirming the disability, disability of the child.

You can also attach extracts from the outpatient card, which record the appointment of drugs, procedures or other types of expensive treatment for the child.

Alimony payment to spouse (ex-wife)

The legislation provides for cases when alimony is paid not only for a child, but also for his mother:

raising a child by age;
caring for a disabled child.

In such a situation, the plaintiff must file two applications for the payment of alimony to the judicial authorities - for the child and for himself. The package of documents will be as follows:

statement of claim in 3 copies;
the applicant's passport and its copy;
certificate of marriage or divorce;
birth certificates of children;
certificate confirming that the child lives with the plaintiff;
certificate in the form 2-NDFL (certificate of income) of both parents;
documents confirming the financial insolvency of the plaintiff;
documents on the child's disability (if any).

How to file for child support? This question is usually asked by women who are left with a child after a divorce. What specifically needs to be done if the father voluntarily does not fulfill his duties and refuses to support the child? Which court to go to, what documents to collect? The answers are in our article.

Where to apply for alimony, in which court to apply?

To figure out how to file for alimony, you must first navigate the court system. It consists of 3 categories:

regional/republican/territorial courts;
district courts;
world courts.

There are also specialized military courts, but they only hear cases involving members of the military if the issue is either a crime committed by the military or the relationship between the soldier or officer and structures of the Ministry of Defense. Therefore, even if the father of the child is a military man, a claim for alimony cannot be filed in such a court.

Cases relating to alimony are considered by law by justices of the peace. However, to resolve the issue of how to file for alimony and at the same time divide property that costs more than 500 thousand rubles, according to the rules of civil procedure, you will have to apply to the district court.

Which judge should I go to?

It must be remembered that the activities of magistrates are carried out in territorial areas. Sometimes it happens that on the territory of the district there is only one judicial district (usually this happens only in a sparsely populated rural area), but on the territory of a city or district there are usually 2-3 at least. Therefore, when deciding how to file for alimony, it is also necessary to take into account the place of residence of the plaintiff and the defendant.

You can find out how justices of the peace are divided by territory either on their official website, or by the schemes and lists of streets and houses located in the reception of each judge. In addition, before you file for alimony, you need to decide on a judge who can deal with your case. To do this, it is enough to know that:

in the general case, a claim for child support is filed by the mother at her place of residence;
if the defendant lives too far away and there is a possibility that he will not appear in court, you can contact the judge at his place of residence;
if the defendant does not have a permanent place of residence, then you can apply either at his last reliably known place, or at the place where any property belonging to him is registered.

However, in most cases, to determine jurisdiction, a simpler rule is sufficient: which judge divorced - that one should apply for alimony.

Alimony and divorce

Usually the question of how to file for alimony arises after the divorce has already taken place. But in principle, the issues of alimony payments and divorce are not strictly connected. The law fully allows the collection of payments before a divorce if the father does not support the child and does not live with the family at all. We are talking about the father, because in the vast majority of cases it is he who acts as the payer.

In addition, we must remember that mandatory alimony is connected precisely with paternity, and not with marriage. Thus, even if the parents of the child have never been husband and wife, alimony can always be collected. How to apply for child support in this case? One of the following conditions must be met here:

either recognition by the father of the child and the corresponding entry made in the registry office;
or establishment of paternity through the court (See How is the establishment (recognition) of paternity in court?)

Note that if at the same time it is decided how to establish paternity and how to apply for alimony, it is not the magistrate who should deal with this case, but the district court.

How to write a claim?

Recovery of alimony through the court requires filing a lawsuit. The requirements for filing a claim are set out in Art. 131 Code of Civil Procedure of the Russian Federation. According to its norms, the claim is submitted only in writing and must contain:

The name of the court (for magistrates - the court district) to which the document is submitted.
Indication of the names and places of residence and registration of both parties - the plaintiff and the defendant. It is highly desirable to indicate both if one of the parties does not live at the place of registration. This is necessary so that court documents (summons, rulings, etc.) arrive correctly at the right address.
Description of the matter. With regard to the question of how to apply for alimony, it must be indicated that the defendant is the father of the child, but does not voluntarily support him, did not conclude an agreement on payments, therefore, alimony must be recovered in court.
Proof. Here it is necessary to indicate how paternity is confirmed if there was no marriage (in marriage, any child is considered to be descended from the woman’s husband, unless proven otherwise), whether there was a marriage and when the divorce took place (if it took place), etc.
Actually requirements.

In addition to alimony, in a statement of claim, you can demand the recovery of court costs (for example, for drawing up a claim if it was ordered from a lawyer or a law firm), as well as state duty. By themselves, child support claims are not subject to duty (more precisely, the defendant pays it after the decision is made), but if other issues are resolved along the way (about divorce, establishing paternity, division of property, etc.), then you will have to pay in the amount established for the relevant category of cases.

What documents are attached to the claim?

Copies of the following documents must be attached to the claim:

birth certificate of the child;
marriage registration certificate, if the marriage was registered;
certificate of divorce, if the divorce has already taken place;
a certificate of income of both parties (if it was not possible to obtain a certificate at the place of work of the defendant, you can ask the court to demand it in a lawsuit or a separate petition);
certificate of residence;
power of attorney, if the claim is filed by a representative.

This is an indicative list. How to apply for alimony in complex cases and what other documents may be required, you need to find out separately. It is best to consult with a lawyer about this.

What to expect from the court?

After the claim and copies of documents are submitted (in person at the reception at the court office or by mail), you need to wait for a response. The answer might be:

Determination, which informs about the acceptance of the case and the date of the meeting.
Determination that the claim was dismissed. It is issued if the application was submitted with violations. These violations will be listed, as well as the period during which they must be corrected.
Determination of the return of the claim. This happens if such a claim has already been filed before, or the case simply cannot be considered in this court. In addition, the claim is returned if the application is not signed or signed by a person who does not have the right to file it (in relation to the recovery of child support - not by the mother or not by her representative by proxy). In this case, it is necessary either to file a lawsuit in another court, or to appeal the ruling in a higher court.

If the claim is accepted, then the question of how to file for alimony can be considered resolved. It remains only to think about how to win the case in court ...

In practice, spouses often register a marriage, but do not live together. Or they live together, but one of the spouses refuses to contribute money to the family budget. It is possible to forcibly recover funds for the maintenance of a child (children), a pregnant spouse or wife who is caring for a common child who is not yet three years old, in a judicial proceeding.

Which family members are eligible for child support?

The law protects the rights of family members that have arisen as a result of the official registration of marriage. Spouses who have registered a marriage have obligations to support common children and each other.

The following are entitled to alimony:

minor common children;
disabled children, for example, those with a disability or a severe incurable disease, at any age;
disabled spouse who needs financial support;
pregnant wife;
a wife who takes care of a small child under 3 years old;
a spouse who cannot provide for himself due to the fact that he is caring for a common minor (under 18 years old) disabled child, if the child has a child disability of group 1, then age does not matter.

How can alimony be collected while in a registered marriage?

An effective way to collect alimony is an agreement. It has legal force if registered with a notary. The document will be drawn up by the notary himself, you just need to decide on the terms for paying the maintenance and its size.

If it is impossible to conclude an agreement, then the party that needs material support goes to court.

To go to court, with the aim of recovering a financial allowance for a needy family member, you need to collect a package of documents, draw up an application and take all the documents to the proper court. This requires the presence of special legal knowledge, but filing for alimony is quite within the power of any person.

Issues related to the recovery of alimony are regulated in detail by two main legislative acts: the Family Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.

How much maintenance is charged for children and spouse?

for 1 child - 1/4;
– 1/3;
the maximum amount - 1/2 - for 3 children or more.

The amount is finally established by the court based on the financial capabilities of the parties to the dispute and specific life circumstances.

If there is no salary or the salary is unstable, you can declare the desire to receive maintenance in the prescribed amount, regardless of the salary. Also, in a fixed amount, alimony is collected for the maintenance of the needy spouse.

Documents will be collected not from the moment the child is born or a difficult life situation arises, but from the date of application and until the termination of the right to alimony: the child reaches the age of majority, childbirth (pregnant spouse), the minor child reaches 3 years old.

Court order to obtain maintenance for a child and a spouse

In the event that the claim is indisputable, the case is considered by order. The issue of collecting alimony for recognized children and needy spouses is indisputable. In this case, there is no need to call and interrogate the parties, present any evidence and testify. All information will be contained in the submitted documents.

If there are documents that confirm that the marriage was officially registered and the child was born during the period when the marriage existed, the court itself will consider the documents and, on their basis, single-handedly make a decision, which will be called a court order. A copy of the order is issued to the applicant, and the court may, at the request of the needy family member, send the document to the bailiff, who will independently take care of the execution of the court act and the recovery of funds for the maintenance of the child and family.

A court order (a copy certified in court) is an executive document. Failure to comply with a court order, for example, hiding a place of work, entails liability, which is applied by law enforcement agencies.

In which court are documents filed for withholding child support?

Cases that relate to the withholding of alimony are considered by a justice of the peace. Documents, according to general rules, should be submitted in the locality (city district) where the spouse-alimenter lives. For the convenience of women who have small children, the law makes an exception in cases of alimony - the plaintiff can go to court in the locality and area where he lives. The choice of court to which the needy spouse will apply depends on his desire.

What documents are needed to apply for child support?

To file documents for the recovery of alimony with the court, you need to draw up the text of the application for issuing an order by the judge (2 copies), pay the state fee and attach those documents that establish the right to receive maintenance.

If any of these requirements is violated, the application will not be considered.

A sample of the required application can be found in the court in which the claim will be filed. You can also download the application forms for issuing an order for the recovery of alimony in the panel on the right.

The Civil Procedure Code of the Russian Federation gives the details that should be contained in the text of the claim:

in which court the documents are submitted;
information about the spouses (full name, address, additionally for the spouse against whom the lawsuit is filed, you must indicate the place of work);
the applicant explains in writing all the circumstances that have arisen (the spouse refuses to support the family, etc.) and expresses a demand to collect maintenance forcibly;
a list of all documents with which the plaintiff can support his claims.

The application must be drawn up in two copies, the second will be sent for review to the debtor.

The plaintiff shall attach a receipt confirming the payment of the state duty to the application.

Also attached in copies are all documents that confirm the plaintiff's right to receive maintenance: on state registration of marriage, children's metrics, certificates of where the child (children) lives.

Refusal of the court to consider the application for the recovery of alimony

The court may refuse to consider documents in the following cases:

the defendant lives outside the Russian Federation;
there are no official documents that confirm the right of the child (children) and spouse to receive financial support from the defendant, or this right is controversial;
stamp duty not paid.

As already mentioned, the court considers indisputable claims by order. Now there are often situations when children are born in civil unregistered marriages and only the mother of the child is indicated in children's documents, there are no documents confirming paternity (the father is not indicated in the birth certificate). In such situations, you will first have to prove the fact of paternity, and then collect alimony.

The procedure for issuing a court decision on the recovery of monetary maintenance

The court issues a writ within 5 days from the moment the application was filed. The parties will not be summoned to court - the judge will independently consider the materials provided by the needy spouse and issue a verdict on the fact of the right to alimony, which is established by the documents provided.

In the decision, the court will indicate the amount of payments and the timing of their payment. The debtor will be notified of the court's order to recover the money. If, within the established 10-day period, the debtor does not express objections on the merits of the court order, then he acquires the force of an enforcement document, excluding lawsuit proceedings through a trial with the parties summoned and hearing their explanations.

Joint children and needy spouses have the right to receive alimony in marriage.
Alimony can be recovered by a voluntary agreement of the spouses, which is certified by a notary.
If the spouse refuses to support the family, alimony can be collected from any spouse (wife, husband) by force by going to court. Failure to comply with a judicial act will entail administrative and criminal liability for the defendant.
To recover maintenance, the needy spouse applies to the justice of the peace. The court provides materials confirming the right to receive funds from the spouse.

Filing an application for the recovery of alimony is a rather serious and troublesome business, and therefore it is worth preparing well in advance for it. An incorrect word or date in the statement of claim or in the document attached to it, and the consideration of the case may be delayed or the court will refuse to accept such a statement for its consideration at all.

What documents are needed to apply for alimony will depend on many circumstances:

to which instance the application is written: to a magistrate, to a city (district) court, or an agreement on the payment of alimony is concluded on a voluntary basis with a notary;
an application is written with a request to issue a court order or a claim is filed for the recovery of alimony;
for whose maintenance and for what reason alimony is collected: a minor child, a disabled adult, a mother with a one-year-old child, etc.;
whether the location of the person from whom it is planned to receive alimony, as well as his place of work, other sources and amounts of income has been established;
whether the marriage between the spouses has been dissolved, or whether they are not yet divorced;
whether alimony will be collected for the past period;
others.

Documents for every occasion

Each situation and each statement must be approached individually and every word and action should be documented. But there is a list of documents for filing for alimony, which remains unchanged under different circumstances. In each case, it is replenished with other securities.

Required Documents:

1. Application (request to issue a court order or statement of claim for the recovery of alimony). It is drawn up and submitted in two copies - one of them is registered in the office of the court, the second is marked with the acceptance of the application, and is kept by the applicant.

2. Passport of the applicant and its photocopy. Ideally, you need to copy all the marks in the document, but be sure to copy the pages with a photo and personal data, with registration marks, registration / divorce, with information about children.

3. Certificate of official marriage and its photocopy, in cases where the marriage between the spouses has not yet been dissolved.

4. Certificate of divorce and its photocopy, if the spouses are divorced.

5. Birth certificates of children (or a child) and their photocopies.

6. Certificate of persons who live with the applicant (certificate of family composition, extract from the house book, etc.). It must be detailed - indicating the address, size of the dwelling, full name and date of birth of all persons living at this address, indicating the degree of relationship with the applicant. As an option - a residential lease agreement, if the applicant does not have official registration at the place of residence, and rents housing.

7. Receipt confirming the payment of the state duty for filing an application for alimony.

These are required documents. Their list can be supplemented with those that are desirable, but the applicant is not always able to provide them.

List of additional documents for filing for alimony:

Passport of the spouse (or other payer of alimony) from whom the recovery of alimony is planned, and its photocopy. Often, the court only needs one photocopy without the original.
A certificate indicating the place of work of the debtor and the amount of his salary, or simply information about the main and additional sources of his income.
Information about the place of residence of the person from whom you wish to collect alimony.

Information from the police on the search for a person will need to be added to this list if alimony is collected from a relative whose whereabouts have not been established.

If the applicant wishes to collect alimony from the debtor also for the past period, then it is necessary to submit to the court a calculation of the debt for all this time, based on the constant amount of the debtor's earnings or the average salary in Russia.

Documents for child support

Their full list is listed above. Sometimes, in the case of recovery of alimony for children who have not reached the age of majority, in order to confirm the determination of the place of residence of the child with the applicant parent, a court decision on this must be attached.

If alimony is collected from a common-law spouse, then the court will be required to bring a certificate or a court decision establishing the fact of paternity.

When alimony is collected for children who are left without parental care, documents will be needed confirming the death of the parents, an order to establish guardianship.

The Family Code also allows you to receive alimony for your maintenance for those children who have already reached the age of 18 (read more about this from the article -), in two cases:

if they are disabled due to disability,
if they continue full-time education (but only until the age of twenty-three).

In the first case, the original and a copy of a certificate from a medical institution indicating the type of disease and the date the disability group was assigned or a court decision on deprivation of legal capacity should be attached to the general list of documents for filing alimony. In the second case - a certificate from an educational institution indicating the form of study, specialty and information about receiving a scholarship.

Some facts

In accordance with Article 107 of the Family Code of the Russian Federation, the statute of limitations does not apply to these relationships. This means that if the right to payments arose at the age of 3 of the baby, and the parent applied to the court when he was already eight years old, then payments will be assigned from the moment of application until the child reaches 18 years of age.

Documents for alimony for a mother on maternity leave

A parent who is on maternity leave, takes care of a child up to three years old (almost always a mother), has the right to collect alimony from the second parent. Provided that he has not yet started work, does not have an independent income and needs additional financial support. How and in what amount are paid alimony for the maintenance of a wife up to 3 years of a child, we tell.

To the above list of documents, the mother needs to attach a certificate from her place of work indicating that she is on leave to care for a small child and does not receive wages. Or provide information from the social security service that the mother does not have a permanent job, and also reflect whether she receives child allowance and in what amount.

A pregnant woman will also be able to collect alimony from her husband or ex-husband for her maintenance if she is no longer able to work and has no source of income. To do this, you need to submit a certificate from a medical organization about the gestational age indicating the date of registration in the antenatal clinic.

Documents for child support for an adult

Cases when alimony has to be paid for the maintenance of an adult citizen are not common, but they do not always take place. Most often, they cannot provide for themselves and need material support from relatives (or other persons) of elderly people or those who are not able to earn money due to their state of health.

These can be parents who collect alimony from their already adult children, grandparents who rely on material assistance from their grandchildren, adult children with disabilities, educators or foster parents who wish to receive maintenance payments from their pupils and adopted children.

As documents confirming an unsatisfactory state of health, they need to submit a certificate from a medical institution, which indicates the disease and disability group. To confirm a low level of income - a certificate from the social security, pension fund or employment service with a note on the amount of the monthly allowance, pension.

It will only be possible to collect alimony if the applicant's income is significantly lower than the income of the person from whom they collect alimony.

Documents for a voluntary agreement

If the parents (or other persons) decide on a voluntary basis to conclude an agreement on the payment of alimony, then they should apply for its preparation and certification at a notary office. You need to bring with you:

drafted text of the agreement or its draft,
passports of both spouses (or other persons, depending on who the alimony will be withheld from),
documents confirming kinship (children's metrics, paternity document, marriage/dissolution certificate, etc.),
information about income (one or the other, depending on the situation),
documents confirming disability (if alimony is collected for an adult).

The notary may, at his own discretion, request other information.

Example. By a court decision dated 1.02.2008 Ivanov A.A. was awarded the payment of alimony in a fixed amount - 5,000 rubles per month. The ex-wife with the employee's child lives in Moscow. The living wage in Moscow for children at the time of the court decision was 4,997 rubles. The amount of alimony is a multiple of 1,006 (5,000 rubles: 4,997 rubles).

The living wage for children in Moscow is:

7,866 rubles (Decree of the Government of Moscow dated December 6, 2011 No. 573-PP).
7,825 rubles (Decree of the Government of Moscow dated March 20, 2012 No. 94 PP).
7,972 rubles (Decree of the Government of Moscow dated June 5, 2012 No. 258-PP).

The amount of alimony in a fixed amount will be:

For December, January, February 2012 - 7870.72 (7 866 * 1.0006).
For March, April, May - 7829.70 (7825 * 1.0006).
For June, July, August - 7976.78 (7972 * 1.0006).

Some Features

Often, spouses are also alimony at the same time (you can find the form at the end of the material). And they can also indicate in it the order of the desired division of property or ask to determine with which parent the child will live after the divorce. Then the form of this application and the list of documents will expand. At a minimum, you will need more than one receipt for the payment of state duty.

Some facts

Child support is paid regardless of the material wealth of the parents, and their late payment or complete disregard is a criminal offense. Even if the father or mother

When accepting an application at the court office, you will also be required to have originals and copies of your passport, certificates of registration of marriage, divorce, birth of children or paternity, court decisions, other official documents that provide certain rights or exempt from obligations.

The original must be: applications and claims, as well as all kinds of certificates and other documents that are issued specifically for presentation to the court as an attachment to each specific application (certificates of residence, place of work and salary, etc.).

Only in a copied form, the court will be able to accept the passport of the person to whom the penalty is directed, his employment contract, etc.. Due to the fact that it is not always possible to present the originals of these documents.
Pay attention to the dates indicated in the documents, some of them are issued for a certain period of time and after some time may become invalid.

In the application for alimony, it is imperative to indicate a list of all the documents that you attach to it, indicating their number and how many sheets they are located on. This is a way to insure against the loss of a particular document.

If you still have questions about what documents are needed to apply for alimony, then ask them in the comments.

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

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

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

What is alimony?

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

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

Financial assistance without an agreement

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

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

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

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

Conclusion of a voluntary agreement on the payment of alimony

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

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

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

The nuances of concluding an agreement

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

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

Application for a court order

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

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

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

Where to apply for child support? Statement of claim

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

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

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

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

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

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

Consideration of a claim in court

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

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

Can I get child support without a divorce?

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

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

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

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

Instead of a conclusion

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