Statement of claim to the court for alimony. How to properly file an application for alimony? Application for a court order to collect alimony

Basically, the question of how parents will support their child arises after a divorce. However, marriage does not guarantee stable support for a minor. There are situations when, despite a registered relationship, parents live separately from each other. The reasons why the spouses decided not to dissolve the marriage do not play any role in the performance of their parental responsibilities.

If a child is provided for by only one of the parents, then alimony can be recovered from the other in court, even despite the official marriage. To do this you need to submit an application. A sample application will help with registration. The document is given below in the article.

In addition to the child, a wife who is carrying a baby or is on maternity leave to care for him until he reaches 3 years of age also has the right to receive financial support from his husband. If he does not want to do this voluntarily, then the money must be collected forcibly through the court.

When can you apply for spousal support?

Sometimes, even when living in the same house, parents participate in raising a child differently, and in some cases they withdraw from this process altogether. Situations when there are grounds for collecting money in court are different. These include the following:

• one of the parents abuses alcohol, on which all his earned money is spent;
• mother or father works remotely;
• one of the parents lives in the family, but does not give money to support the child;
• the mother or father does not work and does not try to find a job.

These are just a few examples, of which there are many more in practice. Their main meaning is the need to file a claim for the recovery of child support during marriage by one of the parents.

When a peaceful resolution of the problem is impossible, alimony is collected forcibly. This can be done in one of the following ways:

• in summary proceedings by filing an application for a court order;
• in the standard manner by filing a statement of claim.

In one and the other case, the court must be provided with irrefutable evidence that the second parent evaded the maintenance of his child (children).

Important! When applying for a court order, you need to take into account that if the defendant wants to challenge the issued document, the court will cancel the order and the plaintiff will have to file a standard statement of claim.

How to file a claim

A statement of claim for alimony in marriage must be drawn up in accordance with the established requirements of the Code of Civil Procedure of the Russian Federation. If the document is executed with any deviations, the court may refuse to consider it. The claim must contain the following information.

1. The name of the court where the case will be heard.
2. Information about the parties to the process (full name, date of birth, address and telephone number).
3. Title “Claim for payment of alimony...”.
4. The descriptive part provides complete information about the circumstances relevant to the case, namely: the time of marriage, the date of birth of the children, the fulfillment or non-fulfillment of obligations for their material maintenance. All data must be documented. Particular attention must be paid to collecting evidence of failure to fulfill obligations to support children.
5. Request to collect alimony from an unscrupulous parent.
6. List of attached documents.
7. Date and signature.

Cost of claim

By law, the defendant must pay the following interest for child support:

• ¼ earnings – for 1 child;
• 1/3 of earnings – for 2 children;
• ½ earnings for 3 children.

By mutual agreement, a different amount may be provided for in the alimony agreement.

In addition, the law provides for a penalty in a fixed monetary equivalent. This occurs in the following cases:

• the parent does not have a permanent job;
• the parent is not employed;
• It is not possible to determine the amount of earnings for each month;
• part of the earnings is received in kind;
• The work of the alimony payer is seasonal.

Documentation

A claim for alimony in marriage according to the established model is filed with the court in several copies for all participants in the process. A note of acceptance is made on the plaintiff’s copy in the office. The attached documents include the following:

• photocopy of the parties' passports;
• a photocopy of the marriage document;
• photocopy of children's birth documents;
• certificate of children's registration address;
• certificate of income of the parent not providing for the children.

Attention! The court must be presented with documents about the parent's failure to fulfill his duties. All information specified in the claim cannot be unfounded. The data must be documented.

But if the circumstances are such that the plaintiff cannot obtain the relevant paper from the defendant, he has the right to petition the court (orally or in writing) for assistance in requesting a document. The following documents may serve as evidence.

1. On the maintenance of children by the plaintiff (checks for various purchases and provision of other needs of children).
2. Receipts for payment of housing and communal services.
3. Receipts for payment for kindergarten, school meals, clubs and sports sections.
4. Testimony of witnesses, oral and written, about the role each parent plays in the care of the children. These can be teachers, relatives, neighbors, doctors and other persons. If the child is 10 years old, he himself can give relevant evidence to the court.
5. Certificates, for example, about treatment with a narcologist, from the place of work about business trips or rotational work.
6. Other evidence may also be provided that can convince the court that the responding party does not provide for their common children.

State duty

Regardless of whether the sample application for child support was submitted after a divorce or without a divorce and whether this fact took place or not, he does not need to pay a state fee. This is stated in the Tax Code of the Russian Federation.

Application deadlines

Civil legislation establishes limitation periods. However, they do not apply to family relationships, nor to the requirements that arise from them. Therefore, a claim can be filed regardless of the timing of marriage or the timing of divorce.

Important! The main thing that must be observed is that the application for (sample) marriage will be considered by the court if the child is a minor. But payments can also be recovered for the previous period, but no later than three years.

Where to apply for spousal support

As a general rule, an application for the collection of alimony payments is filed with the court at the place of residence of the responding party. If the address is unknown, then the claim must be filed at the last known address of the defendant. In addition, in the event of illness, caring for a small child or other valid reasons, for which the plaintiff cannot go to court at the place of residence of the responding party, he has the right to file a corresponding application at his place of residence.

Conclusion

Thus, alimony can be collected even if the marriage is not dissolved. For this purpose, they apply to the court for the issuance of a court order or a statement of claim at the place of residence of the defendant or plaintiff.

If the mother or father of the child shirks their obligations to support the child, then the child’s parents need to sit down at the negotiating table and enter into an agreement on the amount and procedure for paying child support. However, if it is not possible to reach a compromise or one of the parents refuses to comply with the requirements of the Family Code of the Russian Federation (the obligation of both parents to provide for the maintenance of children is enshrined in law), then the issue of collecting alimony payments can be resolved in court.

Not only one of the parents, but also the juvenile protection service can file a claim for collection of child support.

The procedure for assigning and collecting alimony payments is regulated by Section 5 of the Family Code of the Russian Federation, and the procedure for filing a claim is regulated by the Federal Law “On Enforcement Proceedings” and the Code of Civil Procedure.

As a rule, alimony payments are filed with the court after a divorce; in such cases, justifying the need for alimony payments is quite simple, since the parents are no longer in an official relationship, do not run a household together, and one of the parents takes care of the child. However, in order to assign alimony payments, you can also go to court in cases where the parents are married; in such cases, the mother or father of the child must find witnesses who will confirm the fact that one of the parents is avoiding supporting the child.

What to do if the marriage is not officially registered

Through the court, it is possible to recover alimony payments for a child born out of wedlock, but in this case it is also necessary to prove the fact of paternity. This can be done using the results of a genetic medical examination and providing a birth certificate with information about the child’s father.

• The modern judicial system provides 2 main options for procedures in which the child’s parents can sue for alimony payments:
• Simplified procedure: involves issuing a court order.

Ordinary procedure: involves the court considering a civil claim.

A court order is the most effective and simplest of the court procedures for considering alimony issues. During the writ proceedings, the judge alone considers the application for payment of child support, examines the documents provided and makes an appropriate decision. When considering the case, the parties to the proceedings are not called to the hearing, since the parents do not have any contested positions or objections regarding the assigned alimony payments, the circumstances of the case are extremely clear.

A judge in writ proceedings can assign alimony payments only in shares of the defendant’s earnings; upon receiving a court order in hand, the mother or father of the child can immediately contact the bailiff service for its execution.

The amount of alimony payments within the framework of writ proceedings is established in accordance with Article 81 of the Family Code, according to the rules of which the following parts of the defendant’s earnings are subject to payment:

• Up to 25% - for one child.
• Up to 33.33% – for two children.
• Up to 50% - for three or more common children.

The total amount of alimony payments from the defendant can reach 70% of his income, since the guarantees of Article 139 of the Labor Code of the Russian Federation do not apply in this case. In order for the court to consider an application under the simplified procedure, it is necessary to submit to the court the following information about both parents of the child:

• About your place of residence.
• About the composition of the family.
• About sources of income.
• About children in custody.
• About being married.

The judge makes a decision based on the family and financial status of both parents.

Claim proceedings

Claim proceedings are the most universal way for a court to assign alimony payments. Claim proceedings provide for adversarial proceedings, as well as openness in resolving a legal dispute. The claim process goes through several stages, starting from a preliminary court hearing and ending with consideration of the case on its merits. The defendant and the plaintiff take part in the process; each party to the dispute can provide the court with its objections, explanations, and any necessary evidence. A party's participation in litigation may also require the involvement of a professional lawyer to resolve legal issues that arise during the course of the proceedings.

Claim proceedings are used when assigning alimony payments in fixed monetary terms, a combination of accruals in shares of earnings and a fixed monetary amount.

This process is also used to collect alimony debt for past periods. In the claim proceedings, the judge takes into account not only the fact of the parent’s failure to fulfill his obligations, but also the plaintiff’s correct justification of the amounts of alimony necessary to support the minor.

To apply to the court for alimony payments, the plaintiff must prepare a package of documents. Thus, you must submit copies of the following documents:

• Birth certificates of common children.
• The plaintiff's passport with pages with marriage registration and registration.
• Certificates of registration or divorce.

The following documents must be submitted in original:

• Certificate of family composition of the defendant from his place of residence.
• Calculation of the amount of alimony payments.
• Certificate of the plaintiff’s family composition from his place of residence.
• Justification of the costs of maintaining a common child.

A detailed certificate of family composition can be obtained from the housing office; the certificate will indicate the characteristics of the house or apartment, as well as the data and list of everyone registered in this residential premises. If the applicant knows the sources of income of the alimony payer, then they must be indicated in the application, especially in cases where the claim proceedings are deciding the issue of assigning alimony payments to the defendant, who is not officially employed, does not have a permanent stable income, or is engaged in entrepreneurial activity.

If the issue of collecting alimony debt for previous periods is being decided, then the plaintiff must indicate all movable and immovable property of the defendant, which is owned by the defendant, so that the court in its decision can limit itself not only to general phrases about property and income, but also indicate specific values ​​and property that bailiffs can foreclose on.

A package of documents is attached directly to the statement of claim or application for alimony.

Deadlines

An application to the court for the collection of alimony payments can be submitted at any age of the child until he reaches the age of majority; alimony in a court decision will be assigned from the moment the child goes to court. According to Article 107 of the Family Code of the Russian Federation, the statute of limitations does not apply to alimony payments. It must be taken into account that when setting the amount of alimony payments for several children, the court decision will be valid until the eldest child reaches the age of majority, after which the amount of alimony payments will be reviewed in court.

Procedure when going to court

The procedure for applying to court for alimony payments is as follows:

• Collection of originals and copies of necessary documents.
• Drawing up a statement of claim or an application for the issuance of a court order.
• Filing a claim in the magistrate's court. Moreover, the plaintiff can choose a specific court himself, since disputes of this category can be considered by magistrate courts both at the place of residence of the defendant and at the place of residence of the plaintiff. Documents must be submitted to the court office in three copies: one copy remains in the court files of the case, the second is sent to the defendant, and on the third copy the court secretariat makes a registration mark and returns it to the plaintiff . Using the number assigned to the court case by the office, the plaintiff can further track the progress of the case, find out in what composition the court will consider the dispute, and also clarify the time and date of the court hearing.
• After considering the case on its merits, the court makes a decision or issues a court order. The plaintiff must wait until the end of the appeal period and receive copies in hand, while the court office must put a special mark on the entry into force of the document. After receiving the decision, you must contact the office, where the plaintiff will be issued a writ of execution.
• Take the writ of execution or court order to the bailiff service.

The statement of claim in accordance with the provisions of Article 126 of the Civil Procedure Code of the Russian Federation must contain the following data:

• Name and address of the court where the claim is filed.
• Name of the defendant and plaintiff.
• Information about the residence of the parties.
• Circumstances that underlie the claims.
• The monetary amount of the application.
• Required evidence.

Applicants in the category of cases of alimony penalties are exempt from paying state duty and other fees, which the plaintiff will not have to pay when submitting documents. When applying to any government agencies or organizations for a certificate, as well as when filing an application in court, you must have a civil passport with you, otherwise the office workers will not accept the documents.

For alimony. We will figure out what kind of monetary penalties we are talking about, for what reasons you can sue to order payments, where and in what order to apply to bring your idea to life.

The fact is that established Russian legislation will help to understand this issue. Lawyers and judicial authorities are often faced with alimony obligations. And they can explain how to correctly file a statement of claim of the established form in a given case. So what should the population know about this issue? And what do the samples for alimony look like? All this will be discussed further below.

Alimony is...

First of all, you need to understand what kind of payment we are talking about. Understanding will help you understand under what circumstances you can go to court. Alimony is material benefits that are given by one person for the maintenance of another. As practice shows, this term is used in relation to relatives.

Alimony may be awarded:

• married to a disabled spouse;
• for children of marriage;
• for a wife and minor children in officially registered relationships;
• for parents (disabled);
• for the maintenance of minor common children upon termination of the relationship.

Modern lawyers point out that recently, very often, mothers file for alimony for children and for themselves in marriage. An able-bodied husband refuses to support his wife, who is caring for their common child. And this is a reason to file a lawsuit.

Where to contact

The next question that interests many is where to go to schedule payments. You can draw up a settlement agreement with a lawyer. But, as practice shows, it does not provide any guarantees to the vulnerable recipient party. Therefore, any free lawyer or person with a legal education will advise you to go to court immediately.

There are many different judicial bodies in Russia. Which ones are suitable for considering issues related to alimony? The citizen-applicant must send his appeal to the magistrate's court at his place of residence. Better - according to the defendant's registration. Accordingly, only a magistrate judge considers alimony disputes. The court on alimony in these bodies is a normal process.

What else do you need to know about the purpose of maintenance payments? And what is the correct way to file a claim in this or that case?

Expression of alimony

The fact is that alimony is, as already mentioned, material benefits. They can be expressed not only in money. And every citizen should know about this. Usually, alimony means monthly payments in certain amounts. But it is also possible to express alimony in the form:

• a one-time or simply multiple large payment;
• property;
• real estate transferred to the recipient;
• other material goods that will be given to the recipient.

Legal advice quite often indicates that people are more interested in money as well as real estate. If we are talking about payments for a minor, then parents often transfer apartments and other property to their common child. This step removes alimony obligations. But most often, the plaintiff still demands monthly payments in certain amounts.

Amount of alimony

Cash maintenance benefits can be awarded in several ways. The first is a fixed amount of money. Regardless of the payer’s income, he will have to transfer a monthly established amount of money within the agreed time frame. In practice, this approach occurs when the payer does not have official employment or a permanent source of profit.

Most often, alimony is awarded as a percentage of wages. The size depends directly on the number of recipients. If a citizen thinks about children as a percentage of earnings, he must understand that there are restrictions on payments. The amount payable cannot be:

• less than 25% if there is 1 child;
• less than 33% if there are two children (16.5% for each);
• less than 50% when there are more than 2 minor children.

In some situations, interest payments may increase or decrease under certain circumstances. Is there any way to avoid paying this money?

Is it possible not to pay child support?

What do knowledgeable people think about this? A free lawyer, as well as one who gives paid consultations, will definitely say that a citizen who has been sued will not be able to evade paying alimony. After all, liability for content is not removed in Russia by law.

Some people think that not having a job is a good excuse for shirking responsibilities. Not at all. Then alimony is assigned in a fixed amount. They will be collected even from benefits. The claim for alimony for a child or another family member will still be satisfied. Maybe not in full, but you need to pay.

But you can reduce the amount of alimony. This, as lawyers say, is possible in the following cases:

• after payments, the citizen’s financial situation sharply worsens (in practice this is rare);
• at the birth of another child;
• if the payer is disabled.

There are no other legal ways to reduce the assigned payments. Dodgers will be deprived of their driver's licenses and the ability to travel outside the country. In any case, you will have to pay child support.

Procedure for going to court

A sample statement of claim to the court for alimony will be presented a little later. First of all, it is necessary to understand how exactly to apply to a judicial authority with a claim of the established form. After all, without this, it will not be possible to collect alimony from a citizen in certain amounts.

Fortunately, the application procedure is extremely simple. You must adhere to the following algorithm of actions:

1. You should write a claim according to the established rules. How correctly will be discussed further below.
2. Collect a list of documents necessary to satisfy an appeal to a judicial authority.
3. Submit a statement of claim with a package of papers of the established form to the Magistrates' Court (the appeal is considered within 5 working days).
4. At the appointed time, the parties meet at the court hearing to study the case materials and make a final court decision.

Nothing else is needed. After receiving a court decision, it will be possible to officially collect alimony from the citizen according to established rules. As a rule, the claim is not subject to appeal. It has already been said that under certain circumstances you can submit a counter-application for a reduction in payments. But nothing more.

Writing rules

How to file a claim correctly? What rules must be used to ensure that the application is written correctly? In fact, everything is very simple. How to apply for child support? What about disabled parents? Regardless of the nature of the claim, it is required:

1. In the upper right corner of the page write information about the court to which the citizen is applying. It also contains information about the plaintiff and defendant, as well as contact information for communicating with them.
2. In the center of the sheet they write: “Statement of claim for alimony...”. In place of the ellipsis - for whom in a particular case the payments will be intended.
3. Next is the main part. It requires stating the essence of the appeal, terms of payment and other circumstances that may affect the course of the case.
4. If there are witnesses or evidence of certain actions, they are listed after the main part of the statement of claim.
5. The appeal ends with the date of filing the claim and the signature of the applicant (it is also advisable to include a transcript).

As you can see, everything is actually much simpler than it seems. Many statements, not just lawsuits, are drawn up using a similar scheme.

About documents

How to apply for child support? And in general, for alimony? It has already been said that for this it is necessary to collect certain documents. Which ones specifically? It all depends on the situation. But most often they require:

• the applicant's identity card;
• claim with detailed requirements;
• documents of relationship with the payer (marriage/divorce/birth certificate);
• income certificates (for disabled parents);
• account details and statements from it;
• any documents that may affect the case.

For parents

First, a template for a claim for child support for parents. Not so often, but such statements do occur. You can follow a similar scheme of actions:

“I, Ivan Ivanovich Ivanov, (passport details), father of Mikhail Ivanovich Ivanov, (information about the child), ask that alimony be assigned for the maintenance of me and my disabled wife, Marina Dmitrievna Ivanova, (information about the citizen). Our common son refuses to support us “At the moment, my wife and I are disabled pensioners, disabled people of the 3rd group. We both do not work, we receive pensions. I ask you to assign monthly payments in the amount of 10,000 rubles. Income certificates are attached to this application.”

Per child

Samples of claims for alimony may vary. The fact is that most often there are claims for collection against children. For example, they look like this:

“I ask you to collect from my ex-husband, Kemerov Kirill Petrovich, (passport data if possible) for the maintenance of our common child, Kemerov Makar Kirillovich, (data about the baby) in the amount of 25% of monthly earnings. At the moment, the child’s father and I are divorced “He regularly comes to see the child, but refuses to pay child support voluntarily. Evidence is attached to this application. A mutual friend of mine and Kirill Petrovich, a neighbor, Marina Ivanovna, who lives at the address (address and contacts) can confirm the regular visits.”

Married

Sometimes, as already mentioned, you have to apply for alimony during marriage. Then you can use the following example:

“I ask you to collect from my husband, Ivan Ivanovich Ivanov, alimony for the maintenance of me, my official wife, Anna Vasilievna Ivanova, and our common minor child, Maria Ivanovna Ivanova, in the amount of monthly payments of 15,000 rubles. Due to the birth of the child, I am incapacitated and take care of the baby. The only source of income is my husband, the child’s father. He refuses to support us, taking advantage of my position. Evidence of my husband’s refusals and income is attached to this claim."

This is exactly what a sample statement of claim to court for alimony looks like. There is nothing difficult in compiling it.

If a parent lives separately from the child after a divorce, he must make financial payments for his support. In case of non-payment, it is necessary to file a claim for payment of alimony to be submitted to the court.

Submission rules

Any party with whom the children live can go to court: the second parent, guardian, authorized persons of orphanages.

The child's parents may be married or divorced, living together or separated, but if one of them evades child support, the second has the right to file a claim. Relatives of a child who actually lives with them, but does not have the right to file a claim, do not have the right to file a claim.

A claim for the collection of alimony is considered in different courts, depending on the amount recovered:

Two delivery options are possible:

• At the defendant's place of residence. The advantage is that the period between the court order and payment is reduced. If the party filing the claim does not know where the defendant lives, the petition can be filed at the place of his last registration.
• In some cases, at the plaintiff’s place of residence. In this case, it is convenient to attend court hearings, especially when the defendant lives in another city.

A claim for alimony is submitted in writing:

• Accepted by the court office, a registration mark is placed on the plaintiff’s copy.
• By registered mail with notification. The registration of the application is a signed notice.
• Through the government services portal. The plaintiff must be a registered user of the portal. The website contains a sample statement of claim for the collection of alimony, which must be filled out. Next, the necessary evidence is attached to the document and it is sent to the court electronically.

The period for acceptance and registration is up to 10 days. After this, the defendant is summoned to court to sign the document, and then a court date is set.

This service does not currently operate in all regions of the country, although it has prospects for distribution.

Application form

The form of application to the court for alimony was developed by the Code of Civil Procedure of the Russian Federation. In order for the court not to refuse acceptance, all its norms must be observed.

Applications

Documents confirming the legality of its filing are attached to the claim:

Special conditions:

• When the child’s documents do not contain information about the father, or his name is written according to the mother’s words, officially confirmed paternity is required. A separate lawsuit is being filed for this.
• When a minor is maintained by guardians, a document confirming the official establishment of guardianship is attached.
• If the application contains references to other documents, their copies must be included in the list, otherwise the facts of their presence will not be taken into account by the court.
• If the marriage between the parents is not officially dissolved, the claim must indicate the time during which they do not maintain a joint household.
• When the defendant has other minor children, their number and information on the availability of writs of execution for their maintenance (if any) are indicated.
• If it is necessary to submit several petitions, for example, a statement of claim for divorce, for division of property, they should be completed in separate procedures so as not to delay the process.
• The use of a simplified form of recovery is possible in writ proceedings. The parties are not called to the meeting. In this case, the time for consideration is reduced to 5 days, but the defendant has the right to appeal the received order.

At the court hearing, the plaintiff brings all original documents according to the list.

Filling out an appeal to the court

How to write an application for alimony?

You can download the form to fill out below or pick it up at the court office. It can be filled out either by hand or printed. The relevance and validity of all information provided is checked. Expression of emotions, threats, and insults is not allowed.

Copies of all documents must be clear; documents can be bound and numbered according to the inventory.

How to create a column for the amount of child support payments? The ways to determine the amount of alimony are:

• Agreement of the parties.
• In court as a percentage of the defendant’s confirmed income. This is the most rational way, because as earnings increase, cash payments will increase. The amount of payments for one minor is 1/4 of the income, for two minors 1/3, for three or more 1/2.

The amount of alimony can be changed upward by the judge. If it is proven that the child requires additional costs (for example, for treatment), the amount may be increased. An alimony calculator can help you with your calculations.

Content

A person can provide voluntary or forced financial assistance to a person related to him by family relations or who is a direct relative. This is established by the legislation of the Russian Federation. Any citizen planning to enter into a family relationship should know how to apply for alimony during marriage and after divorce. This information will help you avoid unnecessary litigation and quickly obtain funds to support a child or sick spouse.

What is alimony

For a long time it was believed that only children from their parents could receive financial assistance, but according to the law this is not the case. Alimony obligations arise between two persons related by family or kinship ties. The list of people who fit into this category includes spouses, children, grandparents, grandchildren, parents, stepmothers, stepfathers, persons who once provided patronage or guardianship of a minor citizen. All of them can be paid maintenance money.

Alimony in marriage without divorce

Spouses rarely resort to this procedure. You can receive alimony without a divorce if one of the spouses is raising a child who has become disabled or is temporarily disabled. In this case, the official fact must be established that the defendant avoids providing financial assistance in every possible way. The legislation defines the categories of people who can qualify for financial support without divorce:

• disabled people;
• pensioners;
• persons involved in raising a disabled child.

They refuse to recover money for maintenance to persons who have committed a planned crime, who suffer from alcoholism or another type of addiction, or who show physical aggression towards the defendant. According to Article 92 of the Family Code, if the marriage was concluded relatively recently, it is impossible to demand financial assistance from the spouse. Transfer of payments can be carried out under a voluntary agreement between persons or by a court decision.

Alimony after divorce

The question of obtaining financial assistance for a child often arises after the divorce. If the citizen is decent, then the persons draw up a settlement agreement and every month a certain amount of money will be credited to the spouse’s account. Filing for child support is forced through the court. You need to come to the government agency at your place of residence and then leave an application. The former spouse does not have to pay for the accommodation of adult able-bodied children.

Collection of alimony for wife's maintenance

A woman during pregnancy and after the birth of a baby needs maintenance. The husband must provide it without fail. If this does not happen, the spouse has the right to send an appropriate appeal to the court with a request to transfer funds to her. Maintaining a wife on maternity leave is the responsibility of the husband, which is confirmed by the Family Code. The spouse has the right to demand alimony in the following situations:

• cares for a child recognized as a group 1 disabled person;
• is raising a child under 3 years of age;
• declared incapacitated due to retirement age or disability.

Is it possible to apply for alimony without a divorce?

Parents can enter into an agreement among themselves on payments or go to court with a statement. Such an agreement is necessary to protect the rights of the minor. Alimony in marriage is transferred voluntarily to a card or children's account. The debtor can transfer money directly into the hands of the plaintiff every month, but against receipt. A father or mother should not hand over funds necessary for the maintenance of children without documents that could confirm this action.

Is it possible to apply for alimony outside of marriage?

A child born to parents who have not officially registered their relationship has the right to financial support. You can apply for alimony outside of marriage if the citizen has officially recognized the fact of paternity. Otherwise, it is necessary to prove this in court. The only evidence that is accepted by all government agencies is the results of genetic testing.

What documents are needed for alimony

You can use the government service that allows you to file a statement of claim via the Internet or by going to court. Sample applications and lists of documents are provided by a social worker or notary. When filing a claim, it is recommended to contact a lawyer to avoid mistakes. The following documents for alimony must be attached to the application:

• a copy of the claim for the defendant;
• copy of passport;
• certificate of registration/divorce;
• certificate of residence;
• certificate from the place of work about the earnings of the plaintiff and the defendant;
• a check confirming payment of the state duty;
• other papers confirming the plaintiff’s rights to financial assistance.

Documents for filing for child support may include the results of a genetic examination, provided that the parents were not officially married. Then a copy of the result for the defendant should be attached. It is recommended to send two packages of papers. One must be sent to the court where the potential payer lives, and the second should be taken to the government agency at the location of the plaintiff.

Where to begin

Many former or current spouses do not know what is needed to apply for alimony. The first step is to confirm your right to financial assistance, i.e. provide papers proving your inability to work. If we talk about what kind of certificates are needed, then you will definitely need an extract from your place of work, if you are pregnant or disabled - a doctor’s certificate, a child’s birth certificate.

Where to apply for alimony

All claims and claims must be sent to court. If you do not know where to apply for alimony in your city, then you should contact a law office. There they will help you with paperwork and tell you which court to go to. Before submitting your application, we recommend that you double-check that the paperwork is filled out correctly. Some citizens are denied applications because the application form is filled with errors.

Which court should I go to?

The application must be heard by the government agency that regulates civil matters in your county or region of the defendant. It will not be possible to sue for alimony in a court located close to your place of work, because... the proceedings take place at the place of registration of one of the parties to the family relationship. If you were not married to the defendant, you will have to send documents to the district or city court along with a certificate of paternity.

Writ proceedings

After you have successfully submitted documents for alimony, you will have to wait for the decision of the government agency. Court costs in writ proceedings are paid by the party filing the application. It will not be possible to recover them from the defendant. The minimum period for consideration of a case is 3 days, and the maximum is 5 days. An order for the payment of money for the maintenance of children or spouses can be issued by a single judge in the following cases:

• in the absence of a dispute about paternity;
• requirements are specified in hard currency;
• the debtor makes payments in favor of other children;
• the child’s place of residence has been confirmed.

Claim proceedings

When the parents have not come to an amicable agreement or the debtor does not communicate, the party in need can write an application to the court. In addition to financial assistance, a claim can be used to compensate for the costs of childbirth, maintenance and treatment of a child under 3 years of age. The court case on the claim proceedings is considered for 1 month. Within 10 days from the receipt of a copy of the application, the debtor may file a counterclaim. If this does not happen, the case goes to trial.

If the decision in the case is positive, the bailiff informs the defendant that he must provide mandatory financial assistance to the plaintiff. If the exact place of work of the citizen is known, the bailiff submits the decision to the accounting department, after which a percentage of the salary will be automatically deducted for the child and the spouse who is supporting him.

How is the amount of alimony determined?

The interest rate that determines the amount of material payments is fixed for Moscow and other cities of the country. 25% of salary and other financial rewards are transferred per child. The amount of alimony as a percentage may change if the person has another family and a child. For two children, 33.33% is deducted from a citizen’s income. If one heir is from another marriage, then the rate is divided in half and will be 16.66%. A citizen who is without a stable income is assigned one of the following methods of paying mandatory maintenance:

• hard currency;
• payments in kind;
• fixed amount of monthly payments;
• a certain share of earnings.

How much does it cost to file for child support?

The state fee will have to be paid if the spouses were unable to reach an agreement. The cost of filing for child support through the court is 150 rubles. If you want to apply for your maintenance, you will have to pay 300 rubles. When one of the spouses files documents to recover financial assistance along with a divorce claim, he must pay 400 rubles. You can deposit the required amount through a bank or online payment system. There is no need to pay an application fee when:

Where and how to apply for alimony - collection procedure, necessary documents and certificates