The procedure for collecting child support. The procedure for collecting alimony - detailed instructions

First of all, it’s worth understanding what it is alimony who has the right to receive them. There are several categories of citizens who, by law, can receive them. These include:

• minor children living with one of the parents after divorce;
• pregnant spouses on themselves;
• women with children under one year old, for themselves until the child reaches three years of age and for the child until adulthood;
• a parent after a divorce caring for a disabled child they share;
• disabled husband or wife with a former spouse;
• disabled parents with adult children and other categories.

They say that marriages are made in “heaven”, but divorce proceedings contradict this. As a result family relations There are still children who, by law, must be supported. Few people have the desire to support children under 18 and do it voluntarily. More often collection of alimony are sought through the courts. During a divorce, parents can voluntarily draw up an agreement on monthly payments, this could be a percentage of income or a fixed sum of money. Such an agreement is signed in notary office both sides. But such a document is drawn up very rarely, some people don’t know about it at all, others want to receive alimony as a percentage of their income, what is the real income of the spouse. Moreover, the spouse may not file for alimony at all, freeing the child in the future from paying for the maintenance of his father in old age. The agreement can be used as an executive document for submission to the bailiff service. This agreement can be terminated unilaterally.

If a parent refuses to voluntarily support his children, the spouse with whom the children remain to live goes to court with statement of claim for alimony and divorce, since funds are needed to support their common children. The application must indicate all the personal data of the plaintiff and defendant, their places of registration and indicate the requirement for the collection of alimony. If the application is filled out with errors or is incorrect, it may not be accepted for processing. This means that you will have to write again, which will delay the collection of alimony. Therefore, it is better to entrust filling out the application to a family code professional. The court considers the application and makes a decision to collect child support from the parent. To hear a case, the court does not always require a certificate of income; it determines the percentage of income depending on the number of children. Based on the decision, it is issued performance list, which is sent to the enterprise or bailiffs for execution. If a citizen has no income, that is, does not work, alimony is collected from the property.

You can apply to the Magistrates Court for court order on the collection of alimony, if no other demands are made. The court issues a court order within the time specified by law; it will also work as an executive document. With this method of resolution, both parties are not invited to court to clarify the circumstances of the case. However, the defendant can appeal the court order, if he proves that he is right, the court order is canceled and the case is referred for consideration to district court. You can also file an application for divorce in the magistrate's court, without requiring the division of jointly acquired property or the cost of the claim is less than 50 thousand rubles. What is convenient about this method is that it requires minimal waste of time, since filing a claim will take quite a long period of time. While you submit your application, until it is accepted for consideration, a hearing date is set and the ready-made solution. Time must still pass for the decision to enter into legal force.

To know exactly which court to file an application for alimony, you need to consult a family law lawyer. He will determine exactly which court to apply to. It all depends on what requirements you want to specify. If this is simply the collection of alimony, you can write an application for a court order. This method of collection is the fastest, since it is considered within a short time, the document is a writ of execution that can be provided to the enterprise or bailiffs for execution. Another option is a statement of claim to the magistrate’s court, if it includes a demand for divorce or property dispute for an amount not exceeding 50 thousand rubles. Other cases do not fall under the jurisdiction of magistrates; the application is submitted to the district court. For each issue, you can file a separate claim with different courts or one claim, but only in the district court. IN general action you can include a demand for divorce, collection of alimony, division of property, determination of the place of residence of children.

If there is a spouse permanent source income, the court usually orders alimony as a percentage of permanent income. For one child 1/4, for two 1/3, for three or more half of the income. Alimony can be recovered from the mother if the child is under three years old; such payment continues until the child reaches the third birthday. If your income is inconsistent or if you have more than one source of income, no notarial agreement, the amount of recovery can be expressed as a fixed amount. Collection of alimony in a fixed amount is made based on the family and financial circumstances of the family. According to the law, it is impossible to worsen the financial situation of children and lower their social status. Sum cash alimony should be based on the minimum subsistence level for of this region, it can be indexed over time.

If we compare the year 2014 with 2015, the number of requests for alimony has increased, as the number of divorces has increased and the financial situation of especially young families has worsened. In the Family Code, the provisions on the collection of alimony in 2015 remained the same. IN State Duma there is a draft law in which they want to establish minimum amount alimony, which would be tied to living wage. The Duma also proposes to approve state guarantees for payment Money while the parent is hiding from paying child support. These responsibilities may be assigned to subjects. The Duma proposes to establish minimum size alimony in a certain amount. As before, in 2015, alimony, expressed in a fixed monetary amount, will be indexed in accordance with government decree.

Rules for establishing paternity and collecting alimony in court.

There are registered and so-called civil marriages; children can be born in these marriages. If the marriage is officially registered, the children's mother and father are clearly identified. IN civil marriage, in the father column, in the child’s birth certificate, the father’s name is entered only with the permission of the man. By agreeing to this, he automatically recognizes himself as the father, although he may not be the biological parent. In the future, during a divorce, alimony will be collected from him; if he does not want to pay, he can go to court to establish paternity. A woman may find herself in a situation where the father of the child is known, but his name is not on the child's birth certificate. She has the right, based on the law on child support, to apply to the court with a request establishing paternity and collecting alimony from the alleged father of the child. If a man refuses to participate in the procedure for determining the relationship with the child, he is automatically recognized by the court as the father. Even in official marriage a man can check paternity, if he proves that he is not the father of the child, alimony will not be collected from him. All this must be proven in judicial procedure and the decision of the court will be final.

Our country also has a procedure for establishing and collecting alimony for parents from adult children. These alimony payments are collected in court for low-income parents. If parents are disabled and receive a pension that is not enough to live on or they have an old-age pension, they can file a lawsuit against the children. The court establishes alimony in a fixed amount based on financial situation children, circumstances, in both families. If the claim was filed against one child, and there are several children in the family, the court divides responsibility among all children. The laws clearly prescribe the collection of alimony in the Russian Federation for minor children, parents. However, if at one time the parents did not support their children and evaded paying alimony, the court will refuse to award old-age alimony for their children, and mothers and fathers who are deprived will also not receive alimony parental rights, and have not restored their rights.

The legislation of the Russian Federation regulates and regulates the procedure for collecting alimony from citizens. The first and simplest is drawing up an agreement on the maintenance of minor children. It specifies the amount of payments, which is expressed in fixed monetary equivalent, payment procedure, place of residence of children. This agreement is drawn up in a notary’s office, signed there and is an executive document. However, over time, if circumstances change, the agreement may be changed by agreement of both parties. All changes are certified by a notary. The amount of alimony in the agreement should not be lower than alimony if it were ordered by the court. The expiration date of such an agreement is when the child reaches the age of majority or acquires full legal capacity before reaching 18 years of age. The agreement is terminated due to the death of the payer. The document may provide for liability for late payments in the form of compensation or interest. The agreement specifies methods for indexing payments.

In addition to drawing up an agreement to receive alimony, it is possible to file a lawsuit in court. In the application you can put different requirements, which will determine which court to send the documents to. If in an application to the court for the collection of alimony, the request for alimony goes to the magistrate. There is a simplified form of collection. It consists of obtaining a court order for payments in shares of earned income. If you have filed for divorce, cash payments oh, file a lawsuit in the world court. If there are disagreements or disputes, the application is considered in the local district court. A lawyer from a law firm will help determine where to send the application and what to write in the claim. He will draw up any application at your request, he will be able to, and will send it for consideration. If desired, he will also prepare a claim for division of property. The application is completed based on current legislation. The more demands are made, the longer it takes to consider the case.

Applications for divorce and the collection of alimony at the same time are very popular among citizens. Such a statement is sent to the magistrate; it is important for the judge to reach an agreement on the upbringing of the children. You can find such an application form in law firm, they will also help you fill it out on the basis of legal acts. The personal data of the plaintiff and defendant are entered into the document, it is written that they do not contain single economy and they don’t want to live together anymore. Next they ask to dissolve the marriage and collect alimony for legally. For an only child 1/4 of the income, for two 1/3, for three 1/2 of all possible income. The document indicates whether there are payments under other writs of execution. According to the law, the registration of a divorce and the collection of alimony can be divided into two claims, then the collection of alimony can be achieved faster. According to the law, a judge may allow alimony to be calculated immediately, without waiting for a divorce decree.

The law regulates the rules for filing applications for the collection of alimony and therefore, first the requirements are clarified, two possibilities are considered here. This is the calculation of payments through a court order, it will be the simplest and lawsuit. If the requirements are not within the competence of the magistrate, the case is considered by a court of general jurisdiction. If the defendant agrees to alimony, alimony is awarded quickly, and the divorce can be waited, since the court may give time to think before taking such a step. The court, by law, itself assigns either a sum of money or a share of various known incomes. The size of the share is determined by the number of children according to the law, but not more than half of the income. It is also worth noting that the spouse has the right to ask for alimony for herself if she is pregnant or if she has this moment child up to one year old, mother support is paid until the child reaches three years of age. Any court case is heard at the place of residence of the defendant.

If there is a lack of funds for living, alimony is collected by parents from adult children, a spouse who has lost the ability to work cohabitation, a spouse caring for a disabled child after a divorce. According to the law, cases of alimony collection take place in the district court. Such cases are usually controversial and fall under the jurisdiction of district courts. Usually, cases of establishing paternity and collecting alimony are also considered there. Usually to solve some complex issue Several meetings may be necessary. As a rule, defendants try to appeal court decisions and the consideration of the case is delayed. Due to the rising number of divorces, the number of pending cases is huge, but the courts work like a well-oiled machine.

How is alimony collected without going to court?

The law provides for the collection of alimony in two ways. Collection of alimony through court and collection of alimony without court. Such forms are provided for consideration of cases of varying complexity. Cases go through the courts in which there is no agreement between the parties on certain issues. Sometimes one of the parties does not agree to divorce, the trial is postponed, and a period is given to restore the relationship. To collect alimony without the participation of the court, an agreement on child support is drawn up in a notary's office. Such agreements are rarely practiced in our country, sometimes due to ignorance or lack of trust in such collection.

Maintenance of children during a divorce can be prescribed by parents if mutual agreement V special document. This document is discussed in advance between each other and the lot is certified by a notary. This document is called an agreement. It is better to entrust the drafting of an agreement to a legal specialist or a notary. They will correctly describe all the conditions for keeping and raising children. In particular, the amount of alimony will be correctly indicated (it should not be lower than that which the court would establish); the amount can be expressed as a percentage of income or expressed as a fixed sum of money. The agreement develops the payment procedure and terms, and stipulates the possibility of indexing alimony. In addition, it is possible to provide for liability for the collection of alimony under an agreement on the payment of alimony in in the prescribed manner. The agreement ceases to apply when the child reaches the age of majority or acquires legal capacity.

It should be noted that uniform form There is no such thing as drawing up an agreement; it is drawn up by a lawyer based on the laws.

Life shows that during a divorce, the financial condition of the family quickly deteriorates and the question of collecting alimony immediately arises. As a rule, a woman with a child finds herself in this situation. As a rule, her earnings are lower than her husband’s and she needs help in the form of alimony. She's trying to negotiate voluntary payment money, but, as a rule, it is refused. Few people agree to an agreement, since it binds a man for many years; sometimes he is not satisfied with the amount that his wife offers to pay, or the terms of payment. A wife may know that her husband has a large income, since he receives a “gray” salary in an envelope, which is officially small. The spouse knows that alimony will be calculated from the official salary. If an agreement is not reached, the spouse has the right to apply for legal recovery alimony from the ex-spouse. With such a statement, they go to the magistrates for a court order, if there are no other claims. If the application also requires divorce, there will be trial also in the magistrate's court. In case of a property dispute, the application is submitted to the district court. An application is submitted to this court in any controversial situation.

You can find out where to file a claim for alimony from a lawyer at a law firm. A legal specialist will advise and give recommendations on going to court. The law firm has a service for writing statements of claim to the court; in addition, they can collect Required documents and accompany you in court. If you doubt your income ex-husband, a lawyer can look for sources of income and property. If the claim asks for the division of acquired property, a lawyer can help draw up an inventory and valuation of the property. The more claims there are in the claim, the more complex the case, and it can take several months. It will take time to collect information and submit an application, because it’s no secret that the application may not be accepted for processing the first time due to possible errors in filling. Usually lawyers do it the first time. The judge may also give a period for the parties to reconcile. The court may order alimony before the decision comes into force.

In addition to the collection of child support, there are other types of alimony that other categories of citizens can receive. Parents can collect child support from children if they do not provide assistance to the parents. Pensioners with a small pension, men over 60 years old, women over 55 years old, parents over 55 years old can request payments; parents can receive alimony at any age if they are disabled. They can provide the court with papers that confirm their necessary expenses. When collecting alimony, the court considers the financial situation of the parents and children, looks at the composition of the family and compares the income per person of the parents and children. All adult children are involved in the payment of child support, despite the fact that a claim can be filed against one child. Also, a mother or father can demand alimony for themselves if one of them is caring for a disabled child they share. The wife has the right to receive alimony from her ex-husband if she lives with her common child up to a year or she is pregnant. Payments are made until the child reaches three summer age.

Sometimes mothers file alimony before the marriage is dissolved or do not dissolve the marriage at all. The law allows this action. Going to court is even simpler; a sample application for the collection of alimony can be found on the website or from a lawyer at the firm. If desired, the company will help you fill out a sample application and send it to the court for consideration. They will help to collect child support from the parent if it is necessary for the mother of the children, and she can get a divorce later. The court will determine the share of income depending on the number of children: 1/4 for one child, 1/3 for two and half of income for three or more children. Payments under writs of execution should not exceed half of income. If a man has children from several marriages, alimony is calculated completely differently. This is all done on the basis of the law.

Statement of claim for alimony.

There are several ways to collect alimony through the court, this is to submit an application to the local magistrates' court to issue the applicant a court order to pay alimony. This method is the simplest, since it does not require a trial, and the parties are not invited to court. The only condition is that apart from this there will be no other requirements. The court will determine the amount of payments in shares of all income, the order will be considered an executive document and can be sent to the enterprise or if the citizen does not work as a bailiff. Another option is filing a claim for alimony and divorce at the same time; such cases are also considered in the settlement. If one of the spouses does not want to divorce or is not satisfied with the price of the property dispute, the case is considered by the district court. The district court hears claims with a property dispute of more than 50,000 rubles. It also determines the place of residence of the children, unless prior agreement has been reached regarding the upbringing of the children. District courts can drag out divorce proceedings for several months, giving time for reconciliation.

Filing a claim for alimony has certain order. It is sent to the courts at the location of the plaintiff. There is no statute of limitations for filing a claim; a claim can be filed at any time. But there is a limitation on the time period within which payment of unpaid amounts can be demanded (no more than 3 years from the filing of the claim). This requires documentary confirmation the fact of an earlier appeal to the courts demanding payment of alimony. The court may refuse to pay the plaintiff money for three years from the defendant if he provides documents indicating the impossibility of paying the required amounts due to own illness or family members during this period, considering it good reason. Alimony is collected from all types of income, from wages, from income from shares, from pensions, scholarships, unemployment benefits. If a citizen does not work, the debt is collected from the property, according to a writ of execution.

The judicial authorities consider cases of alimony collection of varying complexity. They may present several demands at the same time, for example, divorce and collection of alimony; division of property can be added to it. Also, each claim can be submitted as a separate claim and filed in different courts; this is not prohibited by law. A sample statement of claim for the collection of alimony is always available at the law firm. Lawyers will help you write the application correctly, according to the articles family law. All you have to do is sign the document. Statement of claim lawyers themselves will file a complaint with the court registry and, depending on the requirements, send it to the magistrates or district courts. The application includes the passport details of the plaintiff and the defendant, a demand for alimony, divorce, and a claim for division of property. The statement of claim must be accompanied by a marriage certificate, birth certificates of children and a certificate confirming with whom the children live.

The number of divorces in the country is growing year by year, especially among young people; such families usually have minor children. This family immediately loses income, since the children most often remain with the mother; she usually receives less than her husband. She is faced with the task of collecting alimony from her ex-husband for their common children. She has the right to apply for the collection of alimony by court order; the case for the collection of alimony will be considered by a magistrate. Based on the appeal, an order is issued, which has the force of an executive document. However, this order can be appealed and if the judge finds the appeal fair, he can cancel the court order, and now the alimony case will be considered by another court. In the event that there is no appeal, the court order becomes a document of execution, which is transferred to the enterprise where the spouse works or to the bailiffs. The company's accounting department must calculate and transfer alimony payments to the recipient's account. When an employee is dismissed, the administration must notify the executive authorities.

Another possibility of obtaining alimony is only by filing a claim for the recovery of alimony. In 2015, the application procedure did not change compared to previous year. The articles of the code have remained virtually unchanged, although the Duma has a bill to amend the family code regarding alimony. There is a proposal to set a minimum level for alimony and create a fund to support minor children until alimony is paid. They want to blame all this on local budget maybe it will be accepted new Duma. Of course, the economic situation in our country is not the best, but this project requires a lot of funds, because the number of alimony debtors is huge and is constantly growing.

According to the law, in addition to minor children, any relatives who are in a difficult financial situation due to old age or disability have the right to receive alimony. They can ask the court to award alimony if there is no agreement.

If such a document is available claim is not considered by the court, since the agreement is used as an executive document. The statement of claim is sent to the justices of the peace at the location of the plaintiff or defendant. If the application contains a request for divorce and collection of alimony, the court holds a meeting with the participation of the parties and makes a decision on the collection of alimony and divorce, the court decision on alimony comes into force immediately. A writ of execution for alimony is issued before the decision comes into force, which is transferred to the organization where the defendant works; if he does not work or the place of work cannot be determined, the writ of execution is given to the bailiffs. To collect alimony from property by force.

An application for the collection of alimony can be filed with the court while you are married, and it is indicated that the spouse does not want to support children. Also, the wife has the right by law to collect alimony on herself if she has a child under the age of three. A wife can receive alimony for herself until the child reaches three years of age. According to the law, a court decision to collect alimony for the child and mother will only improve their financial situation. Claims for payment of alimony for mother and child are filed separately, in the first claim the plaintiff is the child, in the other claim the plaintiff is the mother. For example, if a woman has a baby under one year old or is pregnant, her husband cannot file for divorce without the permission of his wife. Therefore, you can be officially married and receive alimony. The father must always be responsible for material well-being their children. When filing an application, there is no statute of limitations on the appeal and it is sent to the place of residence of the plaintiff or defendant.

The most complex cases of collecting alimony go through district courts; this claim is supplemented by the requirement to establish paternity or deprivation of parental rights. This requirement is made by the parent with whom the child lives. Deprivation of parental rights does not exempt from child support for natural or adopted children. To establish paternity, the plaintiff and defendant have the right to file a claim in court. The father may have doubts about the relationship with the child; the court makes a decision on an examination that will show the truth. If a man is the biological father, then, by court decision, the collection of alimony will be carried out until the child reaches 18 years of age. If the examination shows that the child is not his own, the court does not have the right to award alimony. A woman who gives birth to a child out of wedlock can claim child support from the alleged father. The court will oblige the defendant to conduct an examination; if he refuses, the court will automatically recognize him as the father. Then he is provided with alimony until the child reaches adulthood.

A court order for the collection of alimony.

According to the Family Code, the collection of alimony is carried out through the magistrate's court. The simplest is the assignment of alimony by court order. An application is submitted from the plaintiff with a request to assign child support; there are no other requirements. Within a period specified by law, a court order is issued, which will work as an executive document. The enterprise, following a court order to collect alimony, begins to make deductions from the employee’s wages and other payments and transfer money to the recipient’s account. Although this method is simple, you can appeal it in court and indicate your disagreement based on the circumstances. The judge takes into account the arguments and overturns the decision. This case is being dealt with without the parties being invited. A court order is issued at the place of residence of the plaintiff, execution begins with the receipt of the document and its transfer to the employer or bailiffs for execution.

You should know that the calculation of payments under an order for the collection of alimony is carried out in shares of income; the court cannot assign payments in a fixed amount of money, since it does not know the circumstances of this case. Child support for one child will be 1/4 of income, 1/3 for two children and half of income for three or more children. According to writs of execution, payments should not be more than fifty percent. The order must indicate personal data, place of registration, place of work, names of children and dates of birth, amount of payments, payment period. The court may not find grounds for collecting alimony if it is collected from adult children who are not able to work. Also, a court order can be challenged within ten days; if there is strong evidence, the court will cancel the order. If the debtor lives in an unknown place or unknown place of work, law enforcement agencies can search for him.

If you have a problem with the court, go to a law firm to get advice on your case. You will express to the lawyer the requirements that you want to write in the application. For example, to speed up the case of collecting alimony, you can apply for a court order. This case will be sorted out within a few days, as the law indicates, and you will receive an order to pay alimony. Its execution will begin immediately after the debtor is presented to the enterprise. The debtor is notified of the issuance of a court order, which he has the right to challenge. At the same time, they write another lawsuit for divorce also in the magistrate’s court, if there are no objections from either side, they will divorce at the first meeting, the main thing is that there is issue resolved about the residence of children. A claim for division of property is filed with justices of the peace if the value of the claim is less than 50,000 rubles; if the claim is larger, the claim is filed with the district court. It is possible to combine all the claims into one proceeding, but then the court’s decision will have to wait.

Claims are sent to the district court in which controversial claims are made, such as a property dispute in a divorce, one of the spouses does not consent to the divorce, deprivation of parental rights or establishment of paternity. The lawyer has all the samples of statements of claim for the collection of alimony, he can provide legal service for filling out any statement of claim. If you wish, file claims in the courts. If submitted correctly, the application will be immediately accepted for processing and a meeting will be held within one month. Alimony is usually awarded at the first hearing, and the divorce process may be postponed to reconcile the parties. Property disputes continue for a long time, since neither party wants to lose property, especially if it is real estate. To collect alimony, a writ of execution is issued, which a lawyer can obtain for you and take to the bailiffs for enforcement proceedings.

When alimony is collected with the help of the bailiff service.

According to the legislation of the Russian Federation, alimony is collected after a court decision is made. According to the law, executive documents are considered to be a court order, an agreement signed at a notary by both spouses, and a writ of execution by court decision. Any of these documents is sent for execution to the bailiff service. The bailiff department accepts the document within three days, opens an enforcement case, informs the defendant about it, and in enforcement proceedings indicates the amount of debt, payment terms, current payments. Collection of alimony by bailiffs is carried out forcibly. The bailiff is obliged to establish the debtor's place of residence or place of work; if this cannot be established, he can search for the defendant through the police. If the debtor does not work, then alimony is collected from the property or a bank account, if any, is seized.

One of the ways to obtain alimony is to file a claim in court. In addition to collecting alimony, you can ask for a divorce. A month after submitting the documents, a meeting will take place; with the full consent of the parties, the judge will quickly determine and assign alimony in shares (percentages) of income. After this, a writ of execution is issued, which is taken independently to the place of work or given to the bailiffs for carrying out executive work. To collect alimony, bailiffs also send a writ of execution to the enterprise; if there is no place of work and there is debt, they seize the property. If the citizen’s income is unknown, the amount of debt is calculated based on average salary around the country. When the debt has accumulated, the plaintiff can apply to the court for payment of interest on the debt.

Upon receipt of the writ of execution, the accounting department must calculate the amount of alimony payment and transfer it within three days after the payment of wages to the employee. If for some reason the enterprise cannot transfer alimony, the accounting department must inform the bailiffs about the delay, otherwise during the inspection, if violations are found, the enterprise administration will receive a fine. If a citizen constantly accumulates debt, when collecting alimony, bailiffs have the right to bring criminal liability debtor. The payer's responsibilities include constant transfer sums of money as a percentage of income or in a fixed monetary amount. Otherwise, the bailiffs will seriously bother you; they may come to your house and describe your property. Therefore, if possible, do not accumulate alimony debts.

Collection of alimony in a fixed amount.

In the magistrates' courts there is great amount cases of alimony and divorce. The collection of alimony is permitted by law by drawing up an agreement in a notary's office. Sometimes people wonder whether it is more profitable to receive alimony as a percentage of earnings or to receive alimony in a fixed amount. There is an answer to this question; it all depends on the form in which the spouse receives wages. If this is not a permanent source of income, the salary is paid in the form of products or wages in foreign currency, it is worth assigning a certain amount of payments. However, there is a drawback here, for example, over time, the ex-spouse may change his job to a better paying one, but the payment in a fixed amount of money will not change. In this case, you will have to apply to the court for a recalculation of alimony. If you receive alimony in a fixed amount over a long period of time, this amount will be eaten up by inflation; it will not be worth it literally in a year.

When applying for a court order, you must understand that alimony in this case is assigned only as a share of income, since the circumstances of the case are not known. Such an order is issued on the basis of the plaintiff’s application for alimony payment; here the judge does not invite the parties to consider the case, they simply establish the amount and issue the order. The court will never impose a fixed amount of money on a court order; this will be contrary to the law. Therefore, if you still want to receive alimony in a fixed amount, file a claim in court, but it is important to know all sources of income, and these may not be small amounts. It's usually profitable to ask fixed payments among spouses creative profession musicians, writers, artists, their fees are usually little known and not constant. Only the wife and personal lawyer can know about the fees.

If you still want to receive alimony in a fixed amount or in mixed form, file a claim in court. In it, you can put forward a request for payment of interest on income and a fixed amount of money. It is good to collect such alimony if the ex-spouse high income, not only from wages, but also income, for example from shares. To ensure that the collection of alimony in a fixed amount of money is worthy, document all possible income. For such work it is worth engaging a lawyer who, through tax authorities will find sources of income, of course, if they are official. Otherwise, the spouse can provide a certificate of income from some LLC in the amount of 15,000 rubles and the judge, based on it, will assign alimony, and you can imagine how much it will be for your children. And no matter what you say in court, only documents will be considered. But it is unlikely that it will be possible to prove that the husband receives his salary in an envelope. The spouse will come to court prepared with a lawyer.

How is the amount of alimony collection determined?

In our country, the state clearly monitors the interests of children, providing them financially, although many parents shy away from supporting their children, not only voluntarily, but also forcibly. Some fathers avoid paying child support for years and rack up huge debt. In any case, the spouse goes to court to collect alimony, since she needs to live on something. There are cases when mothers refuse payments, thereby protecting their children from child support in the future. The law clearly defines amount of alimony recovery by taking them to court. If an agreement is drawn up by a notary, it may include alimony in a fixed sum of money or in shares of income (percentage). The amount is determined by agreement, but not less than the amount necessary for maintenance. She is tied to the minimum wage, as required by law. This document is considered executory and is submitted to the organization where the ex-spouse works. According to the agreement, the accounting department must accrue accruals every month and transfer them to the recipient’s account or send a postal transfer at the payer’s expense.

When calculating alimony, the court considers two options for the amount: a fixed amount or a share of income. According to a court order, the judge assigns alimony in shares of income, since collection takes place without the invitation of the spouses. Income certificates are not provided here; 1/4 of the income is determined for one child. for two 1/3, for three or more half of the income. A court order is immediately considered a writ of execution and is transferred to the enterprise where the payer works, if he does not work or the work is not standing order handed over to bailiffs. They will also calculate the amount of alimony collection for debt, if any. The bailiff will try to establish the debtor’s place of work, and if there is no work, he will come to his place of residence. The first time they warn, then they seize the property of the alimony debtor, and they can also seize bank accounts until the amount of the debt is paid in full. Along with the debt, the parent is required to pay ongoing child support.

If the payer works, the accounting department is required by law to calculate alimony according to any executive document by agreement, court order from the magistrate and by court decision. When writing a claim for divorce and collection of alimony, they also indicate the number of minor children, attaching birth certificates. If you are asking for payment in a fixed amount or in a mixed amount, please indicate this in the application. Here the judge may require a certificate of income to determine the amount. When calculating a certain amount of money, the court will proceed from the financial situation of both parents; it may turn out that he has new family and children who also need to be supported or other writs of execution for alimony. According to the law, payments should not be more than 70% of wages. Alimony in a fixed amount is indexed, as it is tied to the minimum wage.

The legislation of the Russian Federation regulates legal relations in families during divorce, to provide for minor children with parents. In our country a large number of enforcement proceedings, the number of which is growing. Many men shirk their duty to support children. Most often, wives file a claim for payment monetary allowance for children and for yourself if the child is under three years old or she is pregnant. In the application to the court, a demand is made for the collection of alimony and payment of money for the past years before filing the application to the court; the period for collecting alimony by law is three years before the filing of this application. However, in court it is necessary to provide evidence that attempts were made to collect alimony. The judge closely monitors such requests. On court hearing The judge can determine the statute of limitations and order payments, as well as their amount per month. The payer can challenge this period if he has compelling evidence that during this period he was physically unable to pay alimony. Based on the court decision, a writ of execution is issued to be submitted to the organization for payment of wages.

When drawing up an agreement, the period for collecting alimony does not have a statute of limitations, since the spouses approach the agreement intelligently and can agree on any terms and amounts of alimony. This document does not have a certain shape and is filled out in the presence of a notary, who signs it; the spouses also sign. From this moment on, the agreement has the force of an executive document, which is presented to the enterprise in the accounting department. If the agreement was drawn up earlier, going to court is not allowed. However, if payments were interrupted by agreement, you can go to court. A double application for alimony is not possible, since an agreement on payments has already been reached.

The easiest way to collect alimony is through a court order. An application is written to the magistrate's court for the issuance of an order for the collection of alimony, which is located at the plaintiff's place of residence. The application is accepted within 5 days, and from the date of acceptance the office issues an order, which comes into force after ten days. This time is given for the defendant to appeal. He can appeal this decision, and the court has the right to overturn it. Alimony under such a document is calculated as a share (percentage) of income; payments in a fixed amount of money or in a mixed form are not prescribed, since the circumstances of the case are not considered and the parties are not called for analysis. The size is determined based on the number of children, but not more than half of the income. By order, you can apply for accrual of payments to the enterprise or to bailiffs. This document has the same force as a court decision. There is one condition when applying for a court order; you cannot make other demands, such as divorce.

The law protects not only minor children in the event of divorce, but also mothers if she has a child under three years of age or is pregnant. Firstly, the husband cannot submit an application for divorce without the consent of his wife if at that time the child is under one year old or she is pregnant. The wife can give permission for divorce, and also collect alimony for herself until the child is 3 years old. The state always stands for protecting the interests of mothers of children in accordance with the Constitution of the Russian Federation. The court will award payments to the mother and child. The deadline for going to court does not matter. You can receive alimony both after divorce and during marriage; the law gives such a right. This right ceases if the child is adopted, then responsibility falls on another person.

Is it possible to collect alimony during marriage? - Answer: yes!

Sometimes they ask the question: can you demand alimony from your spouse while you are married? Yes, the legislation provides for this option for collecting alimony in marriage. Alimony can be claimed if the spouses do not live together and do not maintain a common household, but are officially married. Spouses can live together, run a house together, but the spouse avoids providing financial support for the family, or does not earn money all the time. The wife can write an application for the issuance of a court order, the judge will consider the application and assign alimony in shares of the husband’s income. From the moment of issuance, the order, if it is not appealed, will be sent to the enterprise where the spouse works. For the wife, the accounting department will transfer alimony to the account or transfer by postal order, this is reported in advance at the place of work.

Sometimes in judicial practice, courts refuse alimony if the husband lives together and runs a common household. The court does not take into account that the husband does not give money for their common children, thereby the court violates the law on adequate provision of children with food, clothing, and toys. Therefore, there is an explanation for the collection of alimony in marriage. The spouse can demand child support and in some cases upon yourself when the child reaches three years of age. She can receive alimony not only in shares of income, but also in a fixed cash payment.

The easiest and simplest way to collect alimony is to write an application to the court for a child support order. If you want to know what a court order is, ask a lawyer, he will explain everything that an order is, what force it has, how quickly it can be issued, how much time will pass from the date of filing an application to receive funds. Law firms usually have samples of court orders for alimony. A lawyer will not only give valuable advice, but can draw up a statement and submit it to the court in short term. If you wish, if there is no appeal, obtain an order and give it to your spouse’s place of work. Usually the services are paid, but their prices are affordable, but you will save time and nerves. If you start filling out the form yourself, you may make inaccuracies or do something that is not in accordance with the form, which means that when you submit it, it will simply be returned or accepted and left without movement. The matter will drag on for a long time.

Collection of alimony without marriage.

In Russia, a marriage registered in the registry office is considered official, but there are marriages that are not registered, so-called civil marriages among the people; families run a common household and have children. However, a moment may come when the spouses do not want to live together and separate. In such families, the husband simply leaves the woman, leaving her with the children. In order to somehow survive, she files a claim for alimony against her partner. In a lawsuit to the court for the recovery of alimony, you can demand alimony from a man if he lived with her. However, he can declare in court that he is not the father of this child, then the court will offer to undergo a paternity examination. If the examination confirms that the child’s native will order alimony, depending on the number of children as a share of income, if paternity is not proven, the court will not order alimony.

You can collect alimony after a divorce after a few years; there is no statute of limitations for this. Ex-wife has the right to go to court to collect alimony from her ex-husband until the child reaches the age of majority, but if this child has not been adopted. Here the law allows such a claim; according to the law, it does not matter whether you are married or not. The court will consider the claim for alimony without marriage and will assign alimony for children based on their number. For adult children, alimony is collected if the child has become disabled; in this case, alimony may be awarded to the mother who is caring for the child. The father must be responsible for material support families. All child support is collected by court decision or court order, if there was no agreement between the parents on the payment of funds.

Another option for recovery is when the woman was not married and gave birth to a child, as they say for themselves. A difficult financial situation may arise, and she will have to look for the child’s father and collect alimony from him. This is very complex procedure, since a man is unlikely to voluntarily agree to pay alimony and recognize the child as his own. If he is married, there may be conflict in his family, even divorce. However, if a woman says that he is the father, the court will force him to undergo a paternity test. At positive result The judge will order child support until the child turns 18. Possible in life different shapes relationship and therefore the collection of alimony without a registered marriage is enshrined in law so that the rights of children to material support are not violated. It is important in such life situation find the father and prove his relationship with the child. It is advisable to involve a lawyer in this matter because this is a labor-intensive matter.

Is it possible to collect child support from a disabled person or pensioner?

Funds for minor children are collected from parents until they reach 18 years of age. The law states that child support can be collected from any type of income - wages, pensions, scholarships and others. If a parent is disabled, he must support the children, regardless of the disability group. The amount of alimony is determined based on a share of income or a fixed amount of money. The Family Code provides for the collection of alimony from a disabled person. The wife has the right to submit an application to the court to order payments in accordance with the law. The writ of execution is sent to Pension Fund, where deductions will be made for children, this will continue until the child is 18 years of age.

The incapacity of a spouse is not an excuse for maintaining a family. Having a disability of any group must pay child support to their children. The law allows for the collection of alimony. when filing a claim in court.

The wife can also file an application for divorce and recovery of alimony from the courts against her husband, even if he is disabled. The court will accept such an application for consideration and, after hearing the parties, will make a court decision on the collection of alimony. The amount of alimony will be determined by the amount of the pension in a fixed amount or in shares; according to the writ of execution, the pension fund will pay alimony. If a disabled person officially works somewhere, upon provision of a certificate from the place of work, alimony will be calculated and wages. According to the law, alimony is paid from everyone total income. Funds are transferred via mail or credited to a bank account.

How to appeal the collection of alimony?

By life and by law, parents or adoptive parents are obliged to provide financially for their children until they are 18 years old. However, not everyone does this; many citizens evade paying alimony. Therefore, when going to court, payments in the form of alimony are assigned to the children. If there was a court decision, then an appeal in court is possible. It is possible to appeal against alimony payments if you do not agree with the fact of the assignment of payments, the amount or form. It is possible to appeal a court decision within one month after receipt judicial act or submit cassation appeal within two months after the court decision is made, during which time the enforcement proceedings are postponed. You can appeal the amount of alimony if your income has changed. The alimony payer who receives the payments has the right to file such a complaint. The court provides new circumstances that are documented. The Court of Appeal will consider the complaint and make a decision, and may remand the case for a new trial in a local court.

Payment of alimony until adulthood long term and at the time when alimony was awarded, it could have been decent money, now inflation could depreciate the payments significantly. Another point is the change in income - decrease or increase. When compiling voluntary agreement, sometimes a fixed amount is assigned, and a downward change in income leads to the fact that it is not possible to pay such alimony. In this case, the payer goes to court, for this purpose a statement of claim is written to reduce the amount of alimony. The Court of Appeal will consider the appeal and make a decision based on the circumstances provided by the documents. The court may also take into account new Family status the defendant and the plaintiff, since by this time the payer may have another family and children who should not be disadvantaged financially.

Cancellation of a court order for the collection of alimony.

Most simplest option collection of alimony payments, this is writing an application for the issuance of a court order for payment required alimony. The application is sent to the magistrate's court with one the only requirement about the collection of alimony, if we add to this a claim for divorce or a property dispute, then the case should be considered through claim proceedings. A court order is issued in absentia, without the presence of both parties to the case, for a certain time. One copy is sent to the defendant by mail, and within ten days he has the right to appeal this document. He writes a complaint and indicates that he does not agree with the decision, no matter if his arguments are not legally justified. Based on such a complaint, the court order for the collection of alimony is canceled, and now a claim for alimony is filed in court. A court order cannot be appealed court of appeal it is simply cancelled.

One of the ways to obtain child support is for the parents to draw up an agreement on on a voluntary basis. In it, the spouses stipulate all payments, it is possible for any statute of limitations, the amount of alimony, the form, for example, in shares of income, in a fixed amount or in a mixed form. If there is no such document, you can apply for a court order to pay cash alimony. The court, upon application, will issue a court order and send a copy to the payer, since the case is being carried out in absentia; he may not know about the appeal. Of course, this may outrage him, and he has the opportunity to appeal this document. Perhaps he decides to check the paternity of the child or there may be other reasons and in general he wants a trial in court, with the participation of the parties and lawyers. On these grounds, the judge will cancel the court order to collect alimony, this is permitted by law. Next, you should file a claim in court. As quickly as an order is received, it can be canceled quickly.

Collection of alimony for the past period.

A spouse can apply for alimony while married, divorced, living in a so-called civil marriage, or even having given birth to a child for herself, but knowing the intended father. Can apply until the child reaches 18 years of age. When drawing up an agreement, you can discuss not only the amount of current alimony and payment terms, but also collect alimony for past period , it is possible even from the birth of the child, since this document does not have a specific form and is written on a voluntary basis. The contract can also define payments in a fixed amount of money and in a mixed form. Once signed, the order will be considered an executive document that can be presented to the organization for payment or used in enforcement proceedings. If the agreement is violated, the case is heard in court. The defendant or plaintiff can change the text of the agreement, but only by notary.

Collection of alimony can begin immediately after the birth of the child and continue until adulthood, unless the child is adopted by another man. A woman can file for alimony without a statute of limitations and collect alimony for the past period. It is three years before filing this application. However, to avoid abuse, the law gives the right to a citizen from whom alimony is being collected to file an application with the court. He can appeal this period by providing evidence of his inability to pay such alimony for three years. If the court finds such circumstances valid, payments for past term will not be. It is important when filing such a claim in court to have evidence of alimony collection previously.

To know how and where to file a claim for alimony, contact a law firm for help. A lawyer or solicitor will provide a general consultation on your case, which is usually free. All further work will be based on the complexity of the case and requirements. The more demands and the higher the property dispute, the more complex and longer the case is considered. The claim can be filed in court alone or divided into several claims, which may be faster in time. Typically, the division of property is divided into separate production, since the property that they want to divide is of great value, it can be real estate, even abroad. The law firm has all the forms for collecting alimony, which the lawyers themselves will fill out on the basis of documents and law. They can also provide a service to accompany you in court, and assist in the division of property in drawing up an inventory and assessment. The company always has a price list for services.

Collection of alimony after 18 years.

Collection of child support is made from the moment of birth until the age of 18. Appeals based on the statute of limitations do not matter, since the law protects children financially. Alimony can be collected from parents even if they are over 18 years old, as the law protects children with disabilities from childhood, disabilities resulting from illness and injury. To produce collection of alimony after 18 years it is necessary to write a statement of claim to the court, in which it is necessary to indicate the need to collect alimony. Disabled children who are truly in need have this right, which must be documented. The judge will examine the case, considering all the arguments of the plaintiff and, of course, the financial capabilities of the defendant. The amount will be determined based on the capabilities of the citizen from whom they want to collect alimony and the necessary needs of the disabled child. Alimony is always awarded in a fixed amount.

According to a court order, it is impossible to collect alimony after 18 years of age; such cases are considered only in court. Since the consideration of cases for the issuance of a court order takes place in absentia without the presence of the parties. Alimony for adult children and parents after 55 years for a woman and 60 for a man is assigned when filing a claim. Adult children are obliged to support their parents if they need help, and assistance should also be provided if the parents have not reached old age, but have become disabled due to illness or injury. Parents who avoided supporting their children in their youth do not have the right to collect child support from their children.

According to statistics, every third family breaks up, there are many reasons and they are all different. In the event of a divorce, not only does the union collapse, but also the issue of alimony payments for children under 18 years of age arises.

In case of divorce, the child remains in the care of one of the parents, in most cases with the mother, and the father is obliged to support the child until he reaches adulthood by monthly transfer of money - alimony.

The procedure and conditions for paying alimony and all relevant legal relations are regulated by the Family Code of the Russian Federation.

Since the child left in the care of one of the parents is a minor, he is subject to legal representative, who must apply to the court at the place of residence with an application to recover from the debtor (second parent) funds for his maintenance.

Conditions for payment of alimony

The basic ones are the following: the age of the child and proven family relations between him and the debtor obligated to pay alimony. A person who has the right to receive may apply to the court to recover them, regardless of the period that has passed since the moment when the right to receive funds arose. In most cases, it is awarded from the date of application to the court, but sometimes the order of payment of alimony may change.

Thus, if, during the consideration of the case, the demanding party proves that even before going to court, attempts were made to obtain funds for the child, but the alimony provider evaded paying them, then this body may recover money for the previous period, but not more than three years.

In practice, there are two payment options: voluntary and forced.

1. When paying in voluntarily or on the initiative of the parent who is entrusted with this duty, an agreement is concluded between the former spouses regulating the procedure, amount and conditions for paying alimony.

2. If for some reason obligated party avoids depositing money for the child, then collection will be made on the basis of a writ of execution. This is strictly monitored personnel service place of work of the debtor or the administration of this enterprise. The deducted funds are either transferred to a current account or transferred personally to the alimony recipient.

There are cases when the official salary of the debtor is low, and it is not enough to pay one hundred percent of the entire amount of alimony; in this case, in order to pay in full, funds may be withheld from existing bank accounts or foreclosure may be filed. certain property debtor.

In accordance with the norms of the Family Code, it depends on the number of children of the debtor. If a person has one minor child, then the amount of the penalty will be 1/3 of his salary, if there are two, then 1/3, if three or more, then half of the salary.

The obligation to pay child support ceases when the child reaches the age of majority. But there are often cases when conditions for the payment of alimony arise, under which the period for their payment is extended:

Persons who have reached the age of majority have the right to continue to receive alimony under two conditions:

Incapacity for work with the child being awarded any disability group;

An urgent need for additional funds (this is determined solely by the court in each individual proceeding).

Taking into account the annually increasing number of people who do not have a permanent income or are actively hiding their real earnings, the government decided to develop a bill establishing the real minimum alimony payments. It will depend not on earnings, but on a specific, officially established amount.

A significant part of the Family Code of the Russian Federation is devoted to alimony. In 2014, Russian courts considered 328,714 cases of alimony collection. Over the past 3 years, these numbers have only been growing.

It is important to know: the main document that regulates the amount, procedure for payment and collection of alimony is, of course, the Family Code of the Russian Federation (from Article 80 to Article 120). Very great importance have 2 more documents:

• Resolution of the Plenum Supreme Court RF dated October 25, 1996 No. 9 “On the application of the Family Code by courts Russian Federation when considering cases of establishing paternity and collecting alimony";
• review of the practice of the Supreme Court of the Russian Federation dated May 13, 2015 “On cases related to the collection of alimony for minor children, as well as for disabled adult children.”

General information about the collection of alimony

Alimony is funds for the maintenance of minor children (Part 2 of Article 80 of the RF IC). If parents do not support children, then alimony is collected in court.

For one child, 25% of the income of the parent who does not live with the child is collected monthly; for 2 children - 33%, for 3 or more children - 50%.

In addition, alimony may be collected not as a share of earnings, but as a fixed sum of money (that is, a certain number of thousands of rubles per month). This happens if the parent who is obliged to pay child support has an irregular income, if he has earnings in foreign currency, or if he has no income at all.

Important to know: The Family Code allows for a situation where the recipient of alimony can achieve the transfer of alimony in a larger amount than established by law. But you still need to prove that you have the right to large alimony. This proof requires a professional lawyer.

Agreement on payment of alimony

The best, simplest and most peaceful option is to conclude an agreement on the payment of alimony. There is no need for any trial here. The mother and father voluntarily enter into an agreement that specifies the amount of alimony, the terms of its transfer, and the procedure for payment.

This agreement must be certified by a notary (Article 100 of the RF IC). The alimony payer cannot voluntarily fail to comply with this agreement, stop paying, or pay less than the amount established in the agreement.

The Family Code (Article 104) establishes different ways payment of alimony. This can be a percentage of the payer’s earnings (for example, 30% of income), a fixed amount (for example, 15,000 rubles monthly, regardless of the amount of income), an amount paid once (for example, 1,000,000 rubles on such and such a date and all for this), provision of property (for example, purchasing a computer for studying, all school and sports supplies) and in some other way.

The agreement specifies the method for indexing the amount of alimony (Article 105 of the RF IC).

It is important to know: Article 99 of the RF IC states that the agreement can establish the conditions for the transfer of alimony. However, nothing more is said about the conditions. Current practice suggests that conditions should be understood as the frequency and duration of meetings between the child and the parent who lives separately, the opportunity to visit various events, rest and so on.

In general, according to the agreement, it can be said that it leaves parents a lot of scope for a peaceful agreement. And at the same time, it does not allow a situation where, by agreement, a child would receive less than he is entitled to by law. This is why the participation of a notary is needed - he compares the agreement with the standards established Family Code so that the child is not disadvantaged.

Collection of alimony by court and 2 very interesting points

Going to court is the most common way to obtain alimony payments. The right to go to court to collect alimony arises if an agreement on the payment of alimony could not be reached (Article 106 of the RF IC).

It is interesting that an application for the collection of alimony can be filed with the court regardless of how much time has passed since the right to alimony arose.

Example. The family broke up when the child was 2 years old. This means that you can apply to the court for child support immediately, and when the child is 4 years old, 10 years old, and 16 years old.

In this case, the court has the right to collect alimony 3 years before the date of application to the court. However, this requires 2 conditions: that the recipient of alimony tried to receive alimony, but the payer evaded paying it.

Example. The father's obligation to pay child support arose when the child was 4 years old. Let’s say the mother went to court when the child was 8. The court has the right to oblige the father to pay child support for the past 3 years, that is, from the time the child was 5 years old.

The court was given very interesting law: oblige the payer to pay alimony even before the relevant decision is made by the court (Article 108 of the RF IC).

An excellent opportunity given by procedural legislation is a court order

The procedure for collecting alimony makes it possible to do without a lawsuit and without a dispute in court, without attending court at all. We are talking about a court order.

It is important to know: writ proceedings are a simplified, lightweight version of legal proceedings. Article 122 of the Civil Procedure Code directly establishes that a court order may be issued in matters relating to the collection of alimony. This official document, which has the force of a writ of execution.

The condition under which the court can be required to issue an order is the absence of a dispute. That is, if the alimony payer does not dispute his paternity, does not refuse to pay alimony, agrees with the amount of alimony that needs to be paid... and at the same time does not pay it.

It is not a lawsuit that is filed in the magistrate’s court, but an application for a court order (Article 123 of the Code of Civil Procedure). The application must indicate:

• name of the court, full name of the claimant (the parent with whom the child lives), place of his residence, full name of the debtor, date and place of his birth, place of residence and work, if known;
• the requirement to collect alimony, the circumstances on which this requirement is based (the child lives with the recipient of alimony, the other parent must pay alimony, but does not pay it);
• documents confirming the applicant’s correctness (copy of marriage certificate, divorce certificate if it has already been dissolved, copy of the child’s birth certificate, certificate of the child’s place of residence);
• list of attached documents, signature.

The court order is issued within 5 days after receipt of the application (Article 126 of the Code of Civil Procedure).

The logic of the situation is as follows. The court is the place where legal disputes are resolved. And if there is no dispute, then there is no point in cluttering the court with claims. Therefore, a lightweight version was created judicial proceedings- writ proceedings. In this case, the judge does not summon the parties to court, there are no debates, but issues a court order. Why argue if there is no argument?

It is important to know: a court order is really more simple thing than a lawsuit and dispute in court. But the application for a court order still needs to be drawn up correctly. With references to the Family Code, Civil procedural code, other - Housing Code. Only a lawyer can help you here, and the more competently the application for a court order is drawn up, the greater the chance that it will be accepted for consideration by the court.

How to write a claim and where to file it?

If there is at least some disagreement between the child’s parents regarding the payment of child support, then an application for an order can no longer be filed. You need to file a claim. Claim proceedings- the most common procedure for collecting alimony.

Important to know: by general rule the claim is filed at the place of residence of the defendant (Article 28 of the Code of Civil Procedure). But in the case of collecting alimony, you can file a claim at the plaintiff’s place of residence (Part 3 of Article 29).

A claim for the collection of alimony is filed according to the rules of Articles 131 and 132 of the Code of Civil Procedure.

• The head of the claim states: name of the court where this claim is filed, full name of the plaintiff and defendant, their place of residence.
• Next comes the descriptive part. It indicates how the rights of the child are violated (we are talking, of course, about non-payment of alimony), as well as why the child has the right to receive this alimony. All this must be indicated with references to articles of the Family Code.
• The pleading part. Here the plaintiff must ask the court to collect alimony in favor of the child.
• List of attached documents. This should be a copy of the statement of claim for the defendant, a copy of the marriage certificate or divorce certificate if the marriage is dissolved, a copy of the child’s birth certificate, a certificate of the child’s residence with the plaintiff. All these documents must be attached to the claim. Date and signature are added.

It is important to know: it would seem that everything is simple. But if you make mistakes when filing or drafting a claim, the court may refuse to accept the claim (Article 134 of the Code of Civil Procedure), return the claim to the plaintiff (Article 135 of the Code of Civil Procedure), or leave the claim without progress (Article 136 of the Code of Civil Procedure). An experienced lawyer will write a claim that will not only be accepted for proceedings without any problems, but will also become a powerful weapon for providing child support.

It is important to know: there is no state fee for filing a claim for alimony.

Changing the amount of alimony, indexation

Only those alimony payments that are paid in a fixed sum of money are indexed (Part 1 of Article 117 of the RF IC). Those paid as a percentage of earnings are not indexed. Obviously, this means that earnings themselves are indexed, which means that the interest on it increases.

The indexation of alimony is carried out by bailiffs, as well as any organizations or people to whom the writ of execution is sent. For example, accounting in the organization where the debtor works.

But the amount of alimony can change not only as a result of indexation.

Article 119 of the Family Code states that if during the period of collection of alimony the financial or marital status of one of the parties has changed, the court may change the amount of alimony. Or even exempt the alimony payer from paying them.

Example 1. The husband and wife divorced, the child remained with the mother, the amount of alimony was 25%. The mother works and receives a good salary. Former spouse created another family, where he had a child. This child has the right to decent provision. At the request of the ex-husband, the court may (taking into account the mother’s good salary) reduce the amount of alimony to, for example, 20% or 15%.

Example 2. The couple divorced, the child remained with his mother. The father runs a business and pays alimony in a fixed amount - 20,000 rubles per month. The child became seriously ill. His mother is forced to leave her job and now has no salary. In such a situation, the court, based on the mother’s claim, has every reason to increase the amount of alimony. After all, treatment is needed, and it costs money, first of all; and secondly, the child’s mother does not work because she has to take care of him.

Execution of a court decision: “now go to the bailiffs”

So, the court decision to collect alimony has been received. Lawyers say "to achieve the right solution in court - 10% of the case. The remaining 90% is to ensure its implementation.”

After the decision comes into force, the plaintiff is issued a writ of execution. If a court order is issued, then a writ of execution is not issued, because the order itself has the force of a writ of execution.

The procedure for collecting alimony assumes that the plaintiff, who has received a writ of execution or court order, submits it to the bailiff service. Further - that is, to ensure the actual collection of alimony - is their job.

Bailiffs, having received a writ of execution, initiate enforcement proceedings within 3 days.

The bailiff service has the authority to search for the debtor’s property and conduct inspections financial documents and even seize property (Article 64 of the Federal Law “On Enforcement Proceedings”).

There is one thing that greatly simplifies the procedure for collecting alimony. The administration of the company in which the alimony payer works is obliged, according to the writ of execution, to withhold the amount of alimony from the payer’s salary and transfer it to the recipient. This is established in Article 109 of the Family Code.

It is important to know: there are often cases when the alimony payer does not officially work, does not have a proven source of income, does not pay alimony, and a debt arises. Read about what to do in this situation, as well as about liability for non-payment of alimony here (link to an article about collecting alimony arrears).

Why you should contact a lawyer

Collection of alimony is a whole complex of actions. It begins with the collection of evidence, continues with representation in court and obtaining a writ of execution, and ends with the transfer of money. You need to know clearly what and when to do. This is the only way to ensure the collection of alimony.

And besides, participation in court is very stressful. And everything needs to be done correctly. Therefore, it is better to turn to a professional who will do everything right and save you from stress.

And yes, the consultation is completely free and does not oblige you to anything. In addition, providing legal assistance requires great confidence between client and lawyer. Be calm - no one will know about what you would like to hide, because this is required the federal law No. 152-FZ “On Personal Data” and professional legal ethics.

The collection of alimony, like any other legal proceeding, is unpleasant. But at the same time it is necessary, like a bitter medicine. And if it so happens in life that the rights of your children are violated, then you need to act, because the law is on your side. Hurry up - the sooner we begin collecting alimony, the sooner your child will receive a more decent standard of living. Write us a message or call our contact number - we will definitely help you.

In the vast majority of cases, after the parents divorce, the child lives with his mother. And if the marriage between the parents was not even registered, the statistics of the child living together with his mother are even higher. But parents must take part in the child’s life together, so the father is rightly assigned the responsibility of financially supporting the child on an equal basis with the mother. For this purpose, the law provides for the procedure for collecting and paying alimony.

Sometimes the father himself shows high level consciously and on his own initiative supports the child. In other cases, the mother and father have to agree on acceptable amounts, timing, and procedure for paying amounts of money. Such an agreement must be formalized in in writing and notarize, in otherwise she won't have legal force, and if the father changes his mind about fulfilling the terms of the agreement, it will be impossible to demand monetary payments from him on the basis of an oral or simple written agreement.

In cases where mom and dad are completely unable to reach a compromise and draw up alimony agreement, the law allows for recourse to court. It is precisely these circumstances – the absence of a written alimony agreement and a dispute over child support – that are grounds for going to court. In this case, the conditions for paying alimony (terms, methods of collection and amounts of money) will be established exclusively in accordance with family law.

Let's take a closer look at the procedure for going to court to collect alimony.

Who can collect child support?

Of course, only a certain circle of persons can demand alimony in court for the maintenance of children. A corresponding statement of claim can be filed with a judicial authority...

• Parent;
• Legal representative in place of parents (guardian, trustee, foster parent);
• A representative of the administration of the institution where the child is staying;
• Prosecutor.

If none of the above persons takes measures to recover in favor of the child the funds necessary for his maintenance, this can be done by a representative of the guardianship and trusteeship authority (CCA). Other persons who are not given the right by law to file a claim in court may contact the PLO and ask for representation of the child’s interests in court.

The procedure for collecting alimony for minor children

As for the procedure for assigning alimony in court, then family law provides for two procedures - claim and order. What is the difference between the two collection procedures, and in what order - claim or order - should you go to court in various circumstances, we will consider in this article.

Judicial procedure for collecting alimony: writ, claim

So, civil procedural legislation provides for two procedures for going to court:

• Mandatory order. Involves going to court with an application for a court order. It's simple and quick way achieve legitimate monetary payments, since it does not require the applicant to participate in legal proceedings and lasts only 5 days, after which the applicant receives a writ of execution for recovery alimony payments. However, apply order of command is possible only if it is reliably known where the alimony payer lives and works, if there is no dispute about payments between the recipient and the payer of the sums of money, if it is not necessary to involve in the consideration of the case - third parties. However, you need to keep in mind that a court order can be protested by the payer as easily as it was quickly and easily issued by the court - the court order will be canceled if a protest is received from the payer within 10 days from the date of issue. In this case, the applicant will have to re-apply to the court with the same requirement, but this time through a lawsuit.
• Claim procedure. In all other cases, especially in controversial cases(regarding paternity, parental rights, place of residence of the child, amount and method of payment of maintenance, etc.), there is nothing left to do but prepare and file a claim in court. At the court hearing, with the participation of both parties - the plaintiff and the defendant - the court considers the statement of claim, examines the evidence, listens to the parties and witnesses, and, in the end, makes a decision on the period, regularity, amount, and method of transferring alimony payments. Based on the court decision, a writ of execution is issued.

Which court to go to for alimony: jurisdiction

Family cases, including those related to alimony, are considered by courts of general jurisdiction. At the same time, for cases of this category, the law provides for the rule of alternative jurisdiction - you can apply to the magistrate’s court either at the place of residence of the payer parent or at your own place of residence.

If the statement of claim contains not only demands for alimony, but also other controversial demands, for example, adoption, challenging paternity, it is considered by a district or city court.

Documents for court

As for the documents that should be attached to the claim and presented to the court, then full list not provided for by law. Nevertheless, arbitrage practice allows you to list the main documents:

• Passport;
• Certificate of registration/divorce of marriage (if the marriage between the child’s parents was registered or dissolved);
• Extract from the house register - a certificate of cohabitation between the recipient of alimony and the child;
• Certificate of income of the payer, recipient of alimony.

Deadlines for applying to the courts

You can go to court for alimony throughout the entire period allotted by law for the collection of alimony payments - until the child reaches adulthood. However, it must be taken into account that alimony is assigned by the court from the moment the claim is filed, and not from the moment the right to alimony is acquired, which could happen much earlier.

IN exceptional cases It is permissible to file a claim demanding the collection of alimony for the past period of time, but not more than for three years. The court may make a positive decision if, during trial It turns out that long before filing a claim in court, the plaintiff parent made independent attempts to obtain the funds due to the child, but the defendant parent evaded payments. Evidence of such attempts can include: recordings of telephone conversations, letters. But regardless of the duration of independent attempts to collect funds, the court can order the payment of alimony for no more than 3 past years.

Arbitrage practice

During the court hearing, the court considers such fundamental issues as the legality of claims for alimony payments, the duration of payments, the method of calculating payments, and the amount of money. In this case, the court is guided by the norms of legislation - family and civil procedure, and also considers in detail everything significant circumstances case - place of work, income level, health status, marital status, presence of other children or dependents of the parties to the case. Based on all the circumstances of the case, stated by the parties at the court hearing and supported by documents, the court makes a decision. A party that does not agree with a court decision has the right to challenge it in a higher court.

• Key points on alimony payments
• Important questions for the collection of alimony
• Payment of alimony after a court decision
• How are they performed? executive documents?
• How to collect alimony debts?

When considering issues related to the collection of alimony in court, judicial authorities base all their decisions on the requirements of the Family Code of the Russian Federation. It regulates the legal relations of the parties when calculating alimony, decrease or increase their size or the cancellation of payments for the child on the part of the defendant. How is child support paid by court order?

You also may be interesting:

• How to file for alimony in court - documents, deadlines and procedure
• Indexation of alimony: grounds, procedure
• All acceptances of the new law on the payment of alimony in Russia in 2016

Key points on alimony payments

If the parties have not entered into an alimony agreement to pay child support, their collection is carried out through the court. In this case, the period that has passed since the receipt of the rights to receive alimony does not matter, if such rights are regulated by the RF IC.

The court begins to collect child support from the date of application interested person to the judicial authorities. The collection of these funds for child support is limited by the statute of limitations, which is three years from this date. But at the same time, the condition must be met that the applicant, who has the right to receive funds for the child (children), made attempts to receive them, but to no avail, since the person obliged to pay them did not want to pay them, avoiding this in every possible way.

The court sets the amount of alimony payments independently. This takes into account material, family circumstances sides, taking into account their size, regulated Family Code, namely Article 81.

The judicial authority has the right to reduce or increase the amount of alimony if there is a need for it good reasons and specific circumstances, as well as assign their recovery in a fixed form in accordance with Article 83 of the CC.

The award and payment of alimony by court decision for child support begins from the date of filing the statement of claim with the court. At the moment when the application is registered by the office judicial authority, the countdown for alimony payments begins. It does not matter how long the trial will last and when its decision will be made.

The marital status of the married couple also does not matter (whether the marriage is registered, common law, or the family is divorced).

The limitation period matters filing an application for alimony. It is impossible to collect child support from the defendant for all years from the date of birth of the child. To calculate alimony for the previous period, only the period for the last three years is taken, even if the divorce took place 5 or 6 years ago.

If a married couple divorced a year ago, and during this time the defendant did not help financially support the child, alimony in court will be collected for this entire period, regardless of the date of filing the claim.

Alimony: how to force payment?

Important questions regarding the collection of alimony

When collecting alimony based on a court decision for a child, the following important points must be taken into account:

1. The limitation period of 3 years is relevant if the claim is primary. If the court previously made its decision on this case, but the debtor did not pay the funds, alimony will be collected for the entire period of non-payment. In addition, a penalty and a fine will be calculated for this amount.
2. The applicant must provide the court with substantial evidence that he has done everything necessary measures for the transfer of funds by the payer on a voluntary basis. Copies of letters containing demands for payment of debts by the debtor can serve as such evidence.
3. If, after receiving the court decision, for some reason the applicant did not contact the bailiffs, the accounting department of the organization in which the defendant works, and directly the payer himself, the statute of limitations in this case does not matter. The recipient of alimony or the child himself has the right to appeal this decision to the court at any time, even 10 years after the court decision was made.

Payment of alimony after a court decision

Judgment for the collection of alimony can be issued on the basis of an application for a court order and a statement of claim.

The issuance of a court order occurs without the involvement of interested parties within 5 days from the date of filing the application and is carried out in the magistrate's court. After the decision is made, a copy of the court order must be sent to the alimony payer.

If missing objections of the alimony payer and the deadline for filing objections has passed, the court order is issued to the recipient of alimony. It is possible to transfer this document to bailiffs for execution of this order, if the recipient requests it in accordance with Article 130 of the Code of Civil Procedure.

If a claim for alimony has been filed, the court decision will come into force when:

• deadline has expired appeals by way of appeal;
• if an appeal is filed after a decision on the appeal has already been made;
• unless the decision of the first instance was overturned.

As soon as the court decision has entered into force, the alimony claimant receives a writ of execution, which must be presented to the bailiffs. This document can also be sent to the FSSP directly by the court.

The claimant can also petition the court so that, by its decision, the immediate execution, and payment of alimony began immediately.

How are executive documents executed?

If necessary, the claimant can present a court order or writ of execution and agreement to collect alimony together with an application to initiate enforcement proceedings to bailiffs for its execution.

The application and the original writ of execution are taken by the bailiff as the basis for initiating enforcement proceedings.

The bailiff establishes the place of work of the alimony payer and sends a writ of execution there for its execution.

The company that received performance list or an agreement to pay alimony by court decision must transfer the established amount to the bailiffs every month. After this, funds for the maintenance of the child go to the claimant.

If the debt transferred from the payer’s salary is not enough to pay child support, it can be deducted from his other income or property (except for that specified in Article 446 of the Code of Civil Procedure).

The amount of alimony should be determined by the bailiff. If there is arrears in paying alimony, it is indicated in the decree, which is also issued by the bailiff.

The types of wages and other income from which alimony may be withheld are contained in Resolution No. 841, dated July 18, 1996.

How to collect alimony debts?

The alimony collector must keep all receipts and receipts of funds for the maintenance of the child. It may happen that a conscientious payer will one day turn into persistent defaulter . Therefore, all available evidence of the transfer of money will be very useful if the case comes to court. Using receipts, you can find out how alimony was paid and when payments stopped.

There is no statute of limitations for collecting alimony debt. If a debt appears, you must contact the FSSP. The bailiffs will calculate the amount of debt, add penalties and a penalty in the amount of 0.5 percent, which are calculated for each day of overdue payments, and issue a corresponding decision.

This document must be taken to court. When making a court decision on this issue it is necessary to submit the writ of execution again bailiff to take appropriate measures and recover all accrued funds.

Debt collection is possible even after the child reaches adulthood. But the period during which you can apply for their collection is limited - 3 years after child reaches 18 years of age. You need to know that the penalty is accrued in this case not only for the period of debt until the child’s 18th birthday, but also for the entire time that preceded the filing of this statement. A child (an adult) must file a claim for debt collection in court independently.

The conscientiousness of parents in the matter of paying child support plays a major role. But you should not rely on the fact that the payer who is required to pay child support will not at some point refuse these obligations. Therefore, it is necessary to keep all checks, receipts, correspondence regarding the collection of alimony and other evidence for the court. They will help, if necessary, solve the debt problem positively for the child.

What you can do right now:

• Carefully study the legislative framework for the payment of alimony in order to understand what legally belongs to your child.
• Watch the video in this article, consider all the nuances on this issue
• If there are alimony debts, remind the defaulter that failure to pay alimony is subject to criminal liability