How is child support paid after divorce? When can I apply for alimony? Judicial resolution of the issue

But in this case it will be necessary to provide evidence that the defendant deliberately evaded from payments.

Where to apply for alimony after divorce

In cases where one of the spouses does not want to fulfill their obligations to support the child, the parents need to resolve this issue together through negotiations. They can prepare and sign alimony payment agreement, in which to specify all the necessary points regarding payments to the ex-spouse caring for a minor. You will need to indicate:

When the agreement is ready, you should contact a notary who will notarize it. After this, this document will have the force of a writ of execution.

However, if it was not possible to find some compromise on this issue, the parties could not agree, or for some reason one of the spouses thinks that he should not comply with the requirements of family law, the dispute over the collection of alimony from him can be resolved judicially(Clause 2 of Article 80 of the RF IC).

If there is no agreement between the former spouses, the amount of payments will be determined in judicial procedure in the following sizes:

One fourth of earnings per child.
One third part is for two children.
Half of earnings for three or more children.

In this case, the family, financial situation of the parents and other circumstances will be taken into account (clause 2 of Article 81 of the RF IC).

If the former spouse who is obligated to pay alimony has an irregular income or is unemployed (that is, he has no income), then the court may determine the amount of funds collected monthly, in hard monetary amount (Clause 1 of Article 83 of the RF IC).

There are certain principles, according to which such disputes will be considered in court. These include:

equal obligation of former spouses to support a minor child;
the obligation of parents to support their common children, regardless of when they were born - before or after divorce;
court decisions in cases of alimony collection are valid throughout the country;
equality of all existing children of one parent to receive full maintenance from him.

How to apply for alimony after divorce

If the former spouses did not come to a common opinion and it was decided to sue for alimony, then you need to take into account some nuances.

If any several common children, then after the court makes a decision according to which the parent who evades the transfer of funds for the maintenance of the child will be obliged to pay alimony, such a document will be valid certain time. Namely, until the eldest child reaches eighteen years of age.

After this, the amount of deductions must also be reviewed in court, taking into account the number of remaining common minor children.

It happens that a person has doubts about whether he has the right to go to court with such a claim. So, an application for the collection of alimony can be filed by a former spouse in cases where, by a court decision, minor children remain to live with him after the divorce. This is not affected by the fact who initiated the divorce.

According to the current situation judicial practice, children under eighteen years of age, remain under mother's care. Consequently, she is the plaintiff in such a child support case. Single fathers also have the right to file such a claim for recovery financial assistance, if the children remain with him and he provides for them without the financial support of his ex-wife.

Situations are possible when children remain with both the father and mother. In this case, alimony may be recovered from one of the spouses in favor of the other, who is less wealthy(clause 3 of article 83 of the RF IC). In this case, payments will be determined in a fixed monetary amount.

Once the decision has been made to sue, you will need to prepare a package of documents, including a statement of claim, and take them to the magistrate. His You must choose the location yourself. This may be a justice of the peace located in the locality at the place of registration of the plaintiff or the defendant - the former spouse.

If the applicant has great financial difficulties, the court may temporarily assign some monetary support before making a decision on alimony.

Claim for alimony

The statement of claim will be accepted if it is drawn up correctly. Such a document must contain appeal to court. It must indicate:

Number of the precinct of the magistrate to whom the application is being submitted.
Passport details of the plaintiff and defendant: last name, first name and patronymic of the person, address of residence.

The statement also consists of descriptive part. It must reflect all the circumstances relevant to the case. Here you need to clearly and in detail explain all your requirements to the defendant.

Then comes pleading part, which contains a request to collect child support. You can also ask the court to invite the other parent to participate both in the expenses already incurred and in those that will be incurred in connection with the child’s illness and other circumstances (Clause 1 of Article 86 of the RF IC). After this you need to put date and signature.

The claim ends with the paragraph "Applications" with a list of documents that the plaintiff attaches to this application. The documents specified in the application must be attached to only one copy of the claim.

Documents for filing for alimony

In order to file a claim against your ex-spouse for alimony for minor children after a divorce, you must prepare certain documents and their copies. These include:

identity documents (passport) of the plaintiff and defendant;
certificate of divorce;
birth certificates of children under the age of majority;
income certificates;
certificate of family composition;
receipt of payment of state duty.

In some cases, it will also be necessary to provide other documents confirming the grounds for the claims made against the defendant, that is, which indicate the plaintiff’s need for material support. This could be the following information:

about disability;
about retirement;
from the hospital about registration for pregnancy.

It is not prohibited to attach to the claim other documents that, in the opinion of the applicant, may clarify the current situation.

If you do not know about the income of the other spouse, then to obtain this information you can contact the magistrate’s court by filing an appropriate petition. He will request from the competent authorities the relevant data, which will be attached to the case under consideration.

The judge, at his discretion, may require other documents in addition to the listed documents. This can be found out directly at the court hearing.

Questions from our readers and answers from a consultant

My husband and I divorced three years ago. We have two left minor child. Now they are 8 and 11 years old. My husband doesn't help us. Refuses help. Can I apply for child support now?

According to family law, you have the right to file a claim with the court for the recovery of alimony for the maintenance of common children at any time, but before they reach eighteen years of age. Payments will be accrued from the date of application to the court.

After the divorce, my son stayed with me. Upon divorce, we entered into an agreement and had it certified by a notary. Four years ago he got new family, and from that time on he stopped making payments. This year my son turned 18 years old and went to study at a university, so we need money to pay for his studies. Can I sue my ex-spouse to recover back alimony payments for these four years?

Since upon divorce you signed and notarized an agreement, you have the right to sue your ex-spouse to collect arrears of alimony, but only for the last three years preceding the application to court.

My daughter entered a university as a full-time student. She turned 18 years old. Until this time, the ex-husband paid alimony regularly without delay. Can I apply for child support again due to my child's education?

Child support is payable only until the child reaches adulthood. After this, it is impossible to recover funds for the maintenance of your common eighteen-year-old child. According to Article 85 of the RF IC, only disabled adult children (for example, those who are disabled) have the right to demand alimony from their father.

How to apply for alimony after divorce? Many people know that the issue of financial support for children can be resolved both while the parents are married and after its dissolution. The procedure for collecting alimony after a divorce is identical to the procedure for claiming it during the parents’ marriage. A uniform procedure for filing a claim has been established; the documents required to submit to the court are the same.

Where to apply for alimony after divorce?

In legal practice, there are three ways to resolve the issue of where to go to file for alimony after a divorce. Regardless of whether they are appointed during the marriage of the child’s parents, or after a divorce: So here it is:

Registration of a voluntary agreement on payments by parents in the notary chamber;
Filing an application to a judicial authority for the purpose of issuing an order;
Filing a claim in court.

All of the above methods have fundamental differences from each other. Let's sort them out.

Notary

A notarial agreement is drawn up when the ex-husband and wife can mutually resolve the issue of financial support for their son or daughter. They independently and at the free will of each determine the amount of assistance provided by the father, the method of transferring funds and the regularity of payments. With this method of collecting alimony after a divorce, the law provides the parties with complete freedom. The only caveat is that the amount of financial assistance for the baby discussed by the mother and father should not be less than that, which would be appointed if the issue was resolved in the courtroom. For these purposes, the notary must control the amount of alimony established by the former spouses by analyzing the certificate of his salary submitted by the father.

Judicial authorities

When the ex-husband refuses to resolve the issue voluntarily, the child’s mother has no choice but to go to court for help. The collection of alimony may be carried out by the judicial authority:

by issuing an order;
by making a decision.

In order for the court to issue an order, the baby’s mother sends a simple statement. This procedure is considered simplified compared to lawsuit proceedings: the time frame is reduced, it is possible to make a decision on the case in absentia, without the presence of the participants.

However, such a procedure is not always possible, but only in the presence of the following circumstances:

when the requirement in the application is not related to the solution of any related problems, for example, with the question of establishing paternity or determining the place of future residence of the baby;
when payments are collected precisely as a percentage of the father’s earnings, and not in the form of a specific amount of money;
when the father does not send his objections to the court.

If no objections are received from the payer, then the order is issued 5 days after the date of sending the application. In all other cases, it is inevitable to submit statement of claim to the judicial authority. The period for consideration of a claim is much longer - 30 days.

Magistrate's Court

The issue of establishing alimony obligations is in most cases resolved in the magistrate's court. Part 3 of Article 29 of the Code of Civil Procedure allows you to apply for alimony, as in judicial sector the future payer, and at the place of residence of the plaintiff. Basically, the magistrate considers alimony cases that are not complicated by any life situations. The Magistrate's Court is not authorized to make an order or decision if:

payments are collected for the maintenance of adult children, ex-wives or husbands, and parents;
it is required to assign payments not as a percentage, but in the form of a specific monthly amount of money;
the payer is already paying child support for other children and the participation of other interested parties is mandatory in court;
Some kind of dispute arises between the former spouses.

If at least one of the listed circumstances occurs, then you should send your demands immediately to district court in the form of a claim.

Thus, let’s summarize all of the above and name three places where to apply for alimony after a divorce:

Application deadlines

The time to file for alimony after a divorce depends on who is collecting it. contains a specific list of persons who can count on payments after divorce. These include:

ex-wife pregnant with their common child;
ex-wife raising joint baby before he reaches the age of three;
ex-husband or wife caring for a common disabled child until he comes of age, and if we're talking about about a child with a childhood disability, then indefinitely;
deprived of the ability to work, former spouses, provided that they lost their ability to work no later than a year after the divorce or during marital relations;
former retired spouses in cases where their right to a pension began no later than five years after the divorce.

It is important to note that in the latter case, the marriage must be long-lasting. If the spouses lived in legally married a couple of months at most, then the court has the right to refuse to award alimony in connection with the retirement of the ex-husband or wife.

If a child was born after his parents divorced within 300 days or less, then the mother's ex-husband is automatically entered into the birth document by the registry office employee, based on the marriage certificate.

Taking into account all of the above, the deadline for submitting an application for each recipient will be different:

for representatives addressed to children - until the second turns 18 years old;
for ex-wives during pregnancy and caring for the newborn common baby- before he is 3 years old;
for retired spouses - no later than 5 years after the divorce;
for former spouses who have lost their ability to work - no later than one year after the divorce;
for former spouses caring for a joint disabled child - until the child turns 18;
for former spouses caring for a disabled child - indefinitely, during the life of this child.

If the deadline prescribed by law is missed, the applicant loses his right to alimony.

Preparation of documents for a claim

Filing a claim always involves submitting important title papers to the court. What documents are needed to collect alimony after a divorce? The list is the same, regardless of whether a claim or a simple statement is sent:

passports of the participants in the process;
birth documents of children;
divorce certificate;
certificate from the passport office about cohabitation an applicant with a child (if payments are collected from children);
certificate of the applicant's earnings;
certificate of the defendant's earnings.

Prices

Now about the price issue. How much will it cost each party after a divorce to file a claim for alimony with documents? The cost depends on where the issue will be resolved. Let's start with the trial. exempts applicants from paying state fees in cases of alimony. At the same time, Article 333.19 of the same Code states that the fee for alimony cases is 150 rubles per person. If, for example, the court ordered alimony for the baby and his mother, then the fee will be equal to 300 rubles. How can we understand all this? It turns out that the plaintiff does not pay a fee when sending an application, but after the decision is made, the defendant will have to pay it. This obligation is indicated by the judge in the decision itself as a separate paragraph.

How much does it cost to draw up an agreement in a notary office? Notaries in different regions set their own prices for such services. In Moscow, for example, for drawing up an alimony agreement you will have to pay an average of 8,000 - 8,250 rubles, in Chelyabinsk the same amount - 8,000 rubles, and in the Vologda region - only 3,575 rubles. Such an impressive difference. Before declaring your intention to draw up an agreement, you need to study the price list for notary services.

Instructions for drawing up a statement of claim (including samples)

Samples of such claims can often be found on the official websites of judicial districts. It is important to note in the claim:

where it is filed - the full name of the court district;
from whom – full name applicant or plaintiff, registration information, telephone number;
to whom - similar information about the defendant;
information about third parties (if any are involved in the process);
all the circumstances of the case: when they got divorced, how old the children are, where they live, what the defendant’s earnings are, it is important to refer to the documents presented;
the requirement is to assign alimony to such and such a child in such and such an amount;
list of attached papers;
handwritten signature;
date of.

A sample statement of claim for alimony after divorce is available.

A simple application submitted in the order of writ proceedings is drawn up in a similar way, only “Application” is written in the center. A sample application is available.

What can you expect?

Payments to children are often assigned as a share of the father's earnings. One child receives ¼ share, two children receive 1/3, and three children receive half of the parent’s earnings. Less often, child support is established in the form of a monthly certain amount of money. This happens when it is difficult to assign a percentage payment.

As for former spouses, payments to them are always assigned in the form of a fixed amount of money. The size is determined depending on the needs of the recipient and on the material and marital status payer.

Arbitrage practice

An analysis of court materials in such cases shows that child support in most cases is collected either at the time of the parents’ official divorce or after a divorce. A smaller percentage accounts for claims for the recovery of payments filed while the child’s parents were in a marital relationship. If the statement of claim is properly drawn up, jurisdiction is not violated, it is submitted full package papers and the applicant has the right to payments, then a positive decision is always made in the case.

The situation is more complicated with the collection of payments for the maintenance of other family members. The court denies alimony to former disabled spouses if they were deprived of their ability to work a year after the official breakup. Courts also issue refusals when collecting alimony from retired spouses if their retirement occurred 5 years after the divorce. Also, alimony will be denied if the marriage was short, less than 5 years, for example, or the incapacity of the former spouse arose as a result of her alcohol or drug addiction.

Let's summarize. How to apply for alimony after divorce? The law provides for a uniform procedure for collecting alimony, regardless of whether documents are submitted during marriage or after divorce. Installed general package papers that need to be presented to the judge to resolve the issue. The period during which alimony can be assigned depends on the method of collection:

by drawing up an agreement with a notary - on the day of application;
by sending an application to the court to issue an order - 5 days;
by filing a claim to obtain a decision - a month.

In most cases, the courts satisfy claims for child support. Cases of refusals have been registered in cases of recovery of payments from other former family members. This is largely due to the plaintiffs’ violation of deadlines when applying for alimony. Thus, an ex-wife who has retired has the right to apply for financial assistance to your ex-husband no later than 5 years from the date of divorce. An ex-husband who has lost his ability to work can count on alimony from ex-wife provided that one year has not passed since the divorce.

Bar lawyer legal protection. Specializes in handling cases related to divorce proceedings and alimony payments. Preparation of documents, incl. assistance in compiling marriage contracts, claims for penalties, etc. More than 5 years of legal practice.

How to apply for alimony after divorce? This question is very relevant for the parent with whom the child remains, since the maintenance of the minor falls entirely on his shoulders. However, by law, the mother and father are obliged to provide financially for their joint child on an equal basis. And this need does not depend in any way on the status of marriage. Therefore, a claim for alimony must be filed in mandatory, if it was not possible to resolve the issue peacefully.

The Family Code of the Russian Federation stipulates all cases when a parent can demand from his former spouse payment of alimony for the maintenance of a joint child.

The grounds for receiving funds are:

the presence of natural or adopted children who have not reached the age of majority;
pregnancy that occurred during the marriage (in this case, the ex-spouse will also have to pay alimony for the maintenance of his wife during a divorce);
disabled child;
a disabled former spouse who received such status during marriage or within a year after its dissolution.

In addition, not only the child, but also the parent raising him has the right to receive child support. There are the following reasons for this:

The single mother is on maternity leave and has no opportunity to get a job. In this case, we are talking about the appointment of temporary payments, the payment of which stops at the end of the maternity leave. That is, a man will have to pay alimony to his wife for up to 3 years during a divorce.
A parent is raising a disabled child, and the inability to find employment is directly related to constant care for the child. If, according to the conclusion of the MSEC, a disability of the first group was recognized, then alimony can be assigned indefinitely.

Features of forced collection of funds

Many parents doubt that they can file for child support after a divorce. This is especially true in cases where the culprit in the breakup was the mother, with whom the common children remained living after the annulment of the marriage relationship.

It should be understood that alimony is paid not to the parent, but to the child, therefore, regardless of the reason for the divorce and the initiator, it can be withheld from the father of the minor.

As mentioned above, in some cases the mother may also qualify for financial assistance from ex-husband. However, this issue is resolved separately. A lawsuit to force the collection of alimony is a last resort, which should only be taken if the father:

refuses to support the child;
ignores the need to make payments;
hides his location.

In most cases, this issue can be resolved amicably, that is, by mutual consent parents. If, as a result of the divorce, there are still a good relationship, then it will be enough to sign and notarize the alimony agreement. This is the document on the basis of which payments are made. It specifies the following nuances:

amount of payments;
the procedure for paying child support during a divorce;
features of transferring money (from hand to hand, by bank or postal transfer), etc.

The document must be drawn up and signed by a notary. In this case, it will be equivalent to a writ of execution. This suggests that if the father evades payments, the notarized agreement can be transferred to the bailiff service, who will begin to forcibly collect funds from the defendant.

When drawing up such an agreement, you must submit the following documents to the notary:

ID cards of both parents;
birth certificate of the child/children;
certificate of income of the alimony provider.

Signing an alimony agreement is beneficial not only because it saves time and nerves on both sides, but also allows the recipient to achieve the transfer of larger amounts of money, in comparison with payments under a court decision.

Often parents agree to contribute finances in a fixed amount, which is unchanged and can be revised if problems arise. good reasons. The judge determines the amount of payments relative to the official income of the alimony provider, which is not always beneficial for the recipient.

Where to contact

If the conflict cannot be resolved peacefully, then the documents are sent to court. This can be done at any time until the child reaches adulthood. The subject of the claim may be not only accruals of funds from the moment the verdict is rendered, but also payments for the previous period, limited in time limitation period. Thus, by going to court, the child’s mother can demand financial assistance from his father for the past three years.

The application is drawn up in accordance with the sample and submitted to the magistrate's court. Exceptions occur in situations where:

Paternity must be established or it can be contested.
It is necessary to involve third parties in the process who are also interested in this matter. Similar cases arise when there are disputes between parents regarding the place of residence of dependents, the whereabouts of the defendant have not been established, etc.

In the situations described above, documents should be submitted to the district or city court. In this case, no state duty is paid. In the event of a positive court verdict, all costs of the hearing are borne by the defendant.

The nuances of drawing up an application and collecting documents

Depending on how competently the claim is filed, the further course of the case will largely be determined. If the court has any complaints about the drafting of the petition or the list of documents submitted, the consideration may be refused. Therefore in difficult situations It is advisable to seek the help of a professional lawyer.

The statement of claim drawn up in the form must contain the following information:

name of the court to which the application is filed;
information about the parties (full name, residential addresses and contacts);
information about marriage/breakup, supported by documents;
data on the birth of children;
it is also necessary to indicate with whom the children live and determine the approximate costs of their maintenance;
If, in addition to the child, the mother is applying for alimony, then her need must be justified.

At the end of the application, the documents attached to it are listed, dated and signed by the applicant.

The following documents must be attached to it:

document confirming the identity of the applicant;
certificate of the plaintiff’s family composition;
child's birth certificate;
documents confirming entry into and dissolution of marriage;
If possible, a copy of the defendant’s passport and a certificate of income are provided.

Trial

The principle of consideration of the case directly depends on the court in which the hearing will take place.

The following options are possible here:

If the application was submitted to the magistrate's court, then the decision is made in absentia within five days. The parties do not participate in the process and are notified of the adopted verdict. It comes into force within ten days from the date of issue.
Resolution of alimony issue in court general jurisdiction may take up to two months. In this case, the case is considered according to the rules claim proceedings. The parties, witnesses and all interested parties are present at the meeting. After examining the evidence, the presiding judge renders a verdict, which is reflected in the writ of execution.

When the hearing is completed and the claim is satisfied, the plaintiff is given a writ of execution. Then he can do the following:

Send this document to the accounting department of the organization in which the defendant works. From now on, the process of collecting funds will occur automatically. Contributions must be made on the day the child's father receives his salary.
Submit the court order to the bailiff service. This organization is designed to monitor the execution of the sentence and if the defendant evades, the funds will be forcibly collected from him.

Thus, alimony is paid regardless of the wishes of the father and the relationship established between him and the baby’s mother. Before going to court, it is advisable to try to settle the issue with the other parent in person, which will save both time and nerves. If this is not possible, then justice will help restore the claim.

passports (to confirm the identity of both representatives);
birth certificate of the child (or children) for whom;
certificates of income of the parents who enter into the agreement (so that the notary can make sure that he does not violate the rights of either party);
a receipt from the person who will receive alimony (if accruals will be made in hard cash);
documents confirming that the funds were deposited with the notary who certified the agreement.

If you apply for alimony after a divorce in the form of a voluntary agreement, then you can independently distribute the responsibilities of the parties. When drawing up this document, such things as the subject of the alimony agreement are taken into account (the one in respect of whom alimony will be calculated, this could be a child, ex-spouse, incapacitated relative, and so on), the amount of alimony (it cannot be lower than the value of the regional living wage or the average subsistence level in Russia, but at the same time, the payer must still have a means of subsistence after making the payment), the form of alimony (percentage - in the form of a share of the payer’s income, fixed - in the form of a fixed sum of money and mixed - in the form of a one-time transfer of valuable property to the recipient by the payer, or natural look payment), frequency of alimony (one-time or regular, the frequency with which alimony is paid is also indicated). Also, the agreement specifies what rights both parties have, what obligations (among them it indicates what percentage is due to the alimony payer if the latter is late in paying alimony) and the duration of the agreement (can last as long as both when the child turns 18 and after), as well as situations according to which it is possible (as well as reduced).
Everything that is not specified in the alimony agreement is regulated in accordance with the terms of the Family Code Russian Federation. If an error was made when submitting a document, the notary will point it out.

If disagreements arise between the parties, due to which the conclusion of a voluntary alimony agreement is not possible, then filing for alimony after a divorce goes through the court. And the plaintiff can take one of two paths: apply for a court order or file a lawsuit to enforce the collection of alimony. Naturally, it is much easier to submit alimony by writing a corresponding application.
How to apply for alimony using an application?
In order to obtain a court order for alimony, the recipient must apply to a regional magistrate judge. For this, the preparation of the following documents is required:
application for a court order to collect alimony;
documents confirming the fact of divorce;
birth certificate of the child or children who are applying for child support;
passports of both parties (to confirm identity);
certificates of income of both parties or bank statements;
a receipt according to which the defendant will pay the state duty.
In this case, it is necessary to indicate the place of residence and place of work of the defendant, since it is to this address that the judge will be able to send a copy of the court order, if it is issued.
If, after a divorce, you apply for alimony using a court order, then representatives of the parties are exempt from having to attend the trial. The application is considered within five days, after which the magistrate makes a decision on whether to approve or not approve the order. If the document is approved, it will have the same legal force as a court writ of execution or a voluntary alimony agreement.
A copy of the order is sent to the child support payer, and one of the originals is received by the parent in whose care the child is. The second original will be stored in the ship's archives. Also in in this case the defendant has the right to challenge this order within ten days, and the calculation of alimony begins from the moment the application is submitted. If the order has been challenged, then the parties have no choice but to file a lawsuit and begin legal proceedings.

How to apply for alimony using a lawsuit?

If there are no other options left, the recipient will have to file an appropriate lawsuit and participate in the proceedings. prepared in triplicate, and the entire other package of documents corresponds to those documents that are submitted when writing an application for the issuance of a court order (three copies of the application, a certificate of divorce and birth of children, copies of passports of both parties, certificates of income and a receipt for payment of state fees) . All documents are submitted as per original form, and in the form of copies. However, during judicial trial the court may request from the plaintiff or defendant and additional documents, which confirm the justification for the size, form and frequency of alimony payments, and so on.
When writing a statement of claim, the following points are taken into account:

to which court the statement of claim is filed (its name);
contact details of both parties (address, telephone or place of work);
circumstances or reasons for divorce;
in whose custody the minor child or children are left;
form, terms, frequency and amount of alimony received (in some cases, the court may request additional documents to confirm the justification for such alimony payments).

When can I apply for alimony?

You can apply for alimony either immediately after a divorce or several years later. The main thing is that at the time of applying for alimony the child is no more than 18 years old or has grounds to qualify for receiving it. Even if more than ten years have passed since the divorce, the recipient has the right to hold the alimony payer accountable. A child cannot apply for alimony from a parent only if he was adopted by the guardian’s new spouse, the child got married before reaching adulthood, or began to engage in successful entrepreneurial activity. Under such circumstances, the state believes that the child no longer needs to receive child support payments from the other parent.
If the child has already turned 18, he also has the right to receive child support. However, this is only possible in some cases. For example, in the first group and he is incapacitated, as a result of which the trustee cannot get a job, obliging to provide the disabled person with appropriate care or other assistance, then one can count on receiving alimony. However, the child should not receive any additional income. If the child is a disabled person of the second or third group, then he can also count on alimony. But at the same time, he must be considered low-income and needy, as a result of which he needs additional financial support. In order to file for after a divorce, you must provide the court with everything Required documents, confirming the unfavorable position of the claimant.

Responsibility for evasion of payments

If, after the divorce, the plaintiff filed a claim with the court, signed a voluntary alimony agreement with the defendant, or obtained a court order, but the alimony obligee never began paying alimony (or pays it irregularly and in an unstable amount), then the recipient has every right draw up a penalty in accordance with the terms of the alimony agreement concluded after the divorce, or in accordance with the terms Family Code Russian Federation. The penalty is charged in the amount of 0.5% of the amount of debt for each day of delay, or in the amount specified when drawing up the alimony agreement. If the alimony payer avoids paying the debt, the bailiffs may call him to

Divorce is an unpleasant procedure, but often the matter does not end solely with the separation of two adults. The dissolution of a relationship negatively affects not only psychological state ex-spouses, but also entails certain consequences for joint children. Most acute problem, which arises after parting, becomes material content.

Children left without the care of one parent have the right to full provision for their needs by both adults. And sometimes the ex-spouse also needs financial support, which, according to the law, must be provided to him by his other half. It’s easy to get confused in all these intricacies. Not everyone understands after a divorce. And no one has canceled the right of the ex-spouse to receive alimony for the child and/or for himself, even if the official separation has already occurred.

Not all divorced people know that they can apply for alimony even after being divorced for some time.

The statute of limitations for alimony payments is 36 months, but this does not mean that if three years have passed, then you cannot file a claim for payment of alimony for a minor child.

Filing an application for alimony after a divorce is possible within the following deadlines:

Until the child reaches the age of majority at any time, regardless of how long ago it was registered divorce proceedings. The right to benefits remains with the minor for the first 18 years of life and three more years after that. Once you reach the age of majority, you can apply for collection of alimony payments, but only those that were not paid before the age of 18, and if there is evidence that the recipient did everything possible to receive them.
For a pregnant woman, during the entire pregnancy, if it occurs during marriage or within six months after divorce, and until the baby turns 3 years old.
Within a year from the date of divorce for the spouse who became disabled during the marriage or from the moment 12 months have passed since the breakup. This rule applies to those couples who have lived together for at least five years.
Five years after the divorce, if one of the former spouses retired during this period and does not have enough to meet the cost of living.
For life for a disabled child of group 1 and for the spouse who cares for him and for this reason does not work.

Payment of alimony after divorce is the obligation of the ex-spouse. The one who does not live with the minor and therefore does not support him always pays for the children.

Payment of alimony by agreement

Alimony for the maintenance of a wife or children after a divorce is allowed to be paid voluntarily. Some couples do not resort to paperwork and simply help as needed or regularly themselves, without coercion. But this option, although ideal, is quite rare. Often, only officially accepted obligations contribute to timely and regular payments of alimony during a divorce.

The legislation of the Russian Federation provides for the possibility of paying alimony under a concluded agreement. The agreement allows for alimony to be established for one child or for a former spouse. Calculation of alimony under a concluded agreement can be made simultaneously for several dependents. The amount of alimony maintenance can be any, but in relation to children it cannot be less than the specified legislative norms.

In 2017, the following standards for the amount of alimony were adopted:

allowance for one child is paid in the amount of a quarter of the salary of the alimony worker,
child support for two children is a third of his income,
for three or more, you need to give away half of everything you earn.

If the husband does not work, then his obligations are fixed in a fixed amount. They are usually tied to the same percentage of the average salary in the region.

The agreement for alimony during a divorce must be certified by a notary. It is his signature that gives the document legal force.

Payment of alimony by court decision

Registration of alimony after divorce is carried out precisely by a court decision. You can file for payment of child support in court if the defendant is unwilling to enter into a peace agreement.

It is important for the plaintiff to know the answers to the following questions:

how to properly apply for alimony after a divorce,
which court to submit documents to.

Any alimony obligations are assigned in the magistrate's court. You can apply for alimony during a divorce, but it is not prohibited even after.

You can submit an application for alimony after a divorce at the payer’s place of residence, which will undoubtedly speed up the subsequent procedure for collecting alimony payments, or at the registration of the applicant. Where to file a claim is decided by the plaintiff himself; if it is important for him to quickly obtain material results, then he must contact the court located at the territorial location of the payer. If it is far away and inconvenient, then it is easier to delay the procedure a little and file for alimony deductions in a nearby magistrate’s court.

When deciding on the amount of alimony for a wife or children, the judge is always guided by current legislation, the needs of dependents and the capabilities of the payer.

An application for divorce and alimony can only be considered in general court proceedings. If you need to pay child support for one, two or more children, then here are the options:

Alimony is calculated according to the issued court order.
The amount of alimony is determined as a result of the filed claim and the court session with the involvement of all interested parties.

Each case has its own criteria that allow one to apply one or another calculation procedure.

Order proceedings

When deciding where to file for alimony after a divorce, you should consider the background information available to file the claim.

Writ proceedings may be accepted if:

Alimony payments are assigned to a pregnant wife who has a pregnancy certificate and has not passed six months from the date of divorce.
Alimony deductions are paid to the spouse who is raising a child up to 3 years old.
You need to apply for child support for joint children. At the same time, paternity was established.

In other cases, you will not be able to receive an order.

The order is issued within five days from the date of filing the application and is immediately sent to the defendant to assign payments. However, the defendant can appeal the adopted order regarding the amount of alimony benefits, justifying his decision with arguments. He must do this quickly, within the prescribed 10 days. Then the plaintiff will need to go to court to file a claim to prove the defendant’s obligation to pay alimony benefits.

If already ex-spouse did not challenge the issued order, then it is considered a legal basis for calculating the amount of alimony allowance specified in it.

The plaintiff must remember from what point alimony is calculated. Payments are always paid from the moment the claim is filed, and the termination of payments occurs at the time specified in the decision.

Claim proceedings

Is it possible to file for alimony at the same time as a divorce and how to file it?

A statement of claim can initiate both divorce and alimony. To do this, you need to address the question of how to file for divorce, since it is this process is decisive. To draw up a claim, you can take a sample that will show a competent example of writing a statement. It also stipulates in a separate paragraph the fact of applying for alimony benefits and expresses the requirement that certain amounts of alimony support be paid after a divorce.

Filing for alimony payments can also be a separate lawsuit.

The plaintiff must provide information about when and why the spouses divorced, as well as indicate how much alimony payments he expects to receive.

As part of the trial, all aspects of the case can be considered, and alimony payments are assigned based on the result. Their amount with a child is often predictable, but for an adult spouse the amount can be reduced by decision of the judge. The factors why spouses are divorcing or have already divorced are taken into account. If the plaintiff behaves inappropriately during marriage, the court may refuse to award benefits. Therefore, before deciding whether or not to apply for alimony, you should carefully weigh all the available facts.