Child support applications. Alimony claim. Percentage or fixed amount when collecting alimony

04.07.2019

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The Family Code of the Russian Federation establishes the mutual obligation of parents to provide for children equally. If one of the parents does not fulfill this obligation and evades it in every possible way, the parents need to proceed to the process of establishing agreements and conclude an agreement that will determine the procedure for paying alimony.

If such agreements cannot be reached and the father or mother of the child completely refuses to participate in the material maintenance of the child, the legislator provides for the right of one of the parents to apply for judicial protection of the interests of the child by filing an application to the court for the recovery of alimony.

In court, the issue of collecting alimony from both parents who refuse to fulfill their obligations in relation to the child can be resolved. In this case, the juvenile protection service will act as the plaintiff. The procedure for filing a claim is determined by the Code of Civil Procedure of the Russian Federation, and the recovery of amounts of alimony determined by the court is carried out on the basis of the Federal Law "On Enforcement Proceedings".

When considering a claim, the court proceeds from the following principles:

equality of each of the parent's children for maintenance;
obligatory execution of a court decision throughout the state;
the obligation of each parent to maintain minor children in equal parts;
the validity of the obligations of parents to children born in marriage, as well as outside it;
maintaining the obligations of parents to children after the dissolution of marriage.

The most frequent cases are when alimony claims arise immediately after the dissolution of the marriage, this facilitates the process of proving the need to receive maintenance for the child by one of the parents. The main reason is the cessation of running a joint household and caring for the material well-being of a minor.

The legislator does not prohibit those parents who Such a process is more complicated in terms of the degree of proof, it can be played by witness testimony, which will confirm the fact that one of the parents evaded participation in the maintenance of the child.

Filing a claim by parents who are in an unregistered marriage

The issue of collecting alimony by parents whose children were born out of wedlock is quite relevant. The first and main step of legally significant actions will be proving the fact of paternity.

The basis of the evidence base can be a birth certificate containing the data of the father. In the event that there is no record of the father of the child, a genetic medical examination can be evidence, the conclusions of which will establish paternity.

The legislation provides for two ways to obtain a judicial act on the recovery of alimony:

in the order of writ proceedings, according to a simplified system with the issuance of a court order;
in a general manner, by considering a claim.

Order order

The issuance of a court order in cases of recovery of alimony is the most effective and fastest judicial procedure. The judge makes a decision alone, on the basis of the documents that were presented along with the application. There is no need for the parties to the case to participate in the hearing, because the circumstances of the case are clear to the court and do not require additional explanations.

When submitting an application for the accrual of alimony to a justice of the peace, it should be borne in mind that the court has the right to assign alimony only in proportion to the income of the other party. The received can be immediately sent to the bailiff service, where the court orders will begin to be executed immediately.

Article 81 of the RF IC defines the share of income that can be collected as alimony. So, for one child, the court will establish alimony in the amount of 25% of the amount of income, for two - 33.33% and 50% for three or more.

Recovery from income in favor of minors can reach 70%, it is this type of payment that completely cancels the provisions of Art. 139 of the Labor Code of the Russian Federation, which establishes the limitation of the collection of funds to half of the employee's income.

When filing an application for the appointment of alimony under a simplified scheme, the court must provide:

information about the composition of the family;
certificate of residence of each parent;
documents confirming the level of income;
documents on the civil status of parents (marriage, divorce, etc.);
documents about children in custody.

When making a decision, the court is guided by the financial and marital status of each of the parents.

Attention! From June 01, 2016, all claims for the recovery of alimony for minor children that are not related to the establishment of paternity, contestation of paternity (maternity) or the need to involve other interested parties are executed only in the form of an application for the issuance of a court order for the recovery of alimony (Federal Law of 02.03. 2016 N 45-FZ).

All filed statements of claim for the recovery of alimony will be returned by the courts (Article 135 of the Code of Civil Procedure of the Russian Federation). To collect child support, file an application for a court order. issued only in the event of an annulment of a court order.

Application for a court order for the recovery of alimony

Before submitting an application, you must familiarize yourself with the rules for drawing up a court order, as well as the list of documents that are necessary for the collection of alimony.

List of required documents

Birth certificate of the child or children;
A birth certificate is necessary in order to confirm the right of the claimant to apply for a court order. In the event that the birth certificate does not contain data about the father of the child, then it will not work to recover alimony by court order. In this case, you need to file a claim to establish paternity.
Information about the composition of the family;
A certificate of family composition confirms the actual residence of the child together with the alimony claimant. Instead of a certificate of family composition, you can put a house book, if any.
Certificate of marriage or divorce;

Which court to apply to

An application for a court order is filed with the magistrate's court at the place of residence of the applicant or the alimony payer.

Who is eligible to apply

Not only the parents of the child, but also guardians and trustees, representatives of guardianship authorities, as well as the administration of orphanages, shelters, etc. may have the right to submit an application.

The main condition when applying for a court order for the recovery of alimony is that the child is in the care of this person or guardianship authority.

How to apply

In order to file an application, you must either come to the magistrate's court or send an application by mail. Copies of required documents must also be attached to the application.

Consideration

The application is considered by the justice of the peace within five days from the date of receipt. The parties are not summoned to court. After consideration of the application, a court order for the recovery of alimony is issued. A copy of the court order is sent to the alimony at the place of residence.

Challenging

If the defendant wishes to contest the order, he may file an objection to it. In this case, the judge cancels the court order for the recovery of alimony and suggests that the applicant draw up a statement of claim for the recovery of alimony.

Sample application for a court order for the recovery of alimony

You can download this sample directly from the website.

claim procedure

In the course of action proceedings, applications for the recovery of alimony are considered much more often. Such applications are considered by the court and make a decision based on the result.

The procedure itself presupposes the competitiveness of the dispute, its openness. Like any civil process, consideration of a claim for the recovery of alimony is considered in several stages, the first of which is a preliminary meeting.

The process involves the plaintiff and the defendant, who can provide evidence to the court, express objections and explanations on the merits of the case. Each of the parties may involve a lawyer or lawyer as a representative. Disputes on appointment or in combination with a share payment from the defendant's income are considered in the course of action proceedings. In the same order, cases are considered on the collection of debts for alimony formed in the previous period.

The complexity of this process lies not only in proving the fact of non-fulfillment of the parental obligation to support the child, but also in substantiating the amount required for its maintenance.

Who can file a claim for child support?

The number of persons who have the right to apply to the court with a demand to collect alimony for the maintenance of a child includes:

one of the parents– both father and mother can apply to the court, a prerequisite is cohabitation with the child and maintenance of it at his own expense (it is important to prove that the potential defendant does not support the child);
guardians- such a right has a guardian who is officially recognized as such;
child care administration in which the child resides;
government bodies which, according to the norms of the current legislation, can act in the interests of a minor.

Sample application for alimony

Required Documents to Apply for Alimony

Together with the application for alimony, copies of documents must be sent to the Magistrate's Court, allowing the judge to consider the case and make a decision.

So, a copy must be sent to the court:

claimant's passport, including a page of registration and civil status;
birth certificates of all children in common with the defendant;
certificates of marriage registration or its dissolution.

The original must be attached to the application:

certificates of the defendant's family composition and place of residence, if such information can be obtained;
information about the composition of the plaintiff's family;
calculation of the amount to be recovered;
documents justifying the costs of maintaining a minor.

Consideration by the judge of the application for the recovery of alimony in conjunction with all the attached documents will serve as the basis for a court decision or issuance of a court order.

Those parents who have not officially registered their marital relationship are required to provide the court with documents confirming paternity. Such a document can be a birth certificate, where the father is entered, or a court decision establishing the fact of paternity of a particular person. The establishment of this fact takes place in a separate trial.

Parents who do not have disagreements about paternity can only give their explanations in court, but if one of them does not agree, a genetic examination will be required, which is appointed with the consent of each participant in the case. The medical report obtained as a result of the examination is evidence in the case and is attached to its materials. They are also accompanied by a copy of the court decision on establishing paternity, which is necessary for the appointment of alimony.

Action plan

After the range of documents required for filing an application with the court is determined, you can determine for yourself the procedure for actions that should be taken to collect alimony in court.

The priority is to prepare copies of all official documents substantiating the real state of affairs, these include:

claimant's passport;
birth certificate of the child;
marriage or divorce certificate.

These three documents are sent to the court precisely in copies, in the number of copies equal to the number of participants in the process.

The court is required to provide the original certificate of family composition, which is issued by the housing office at the place of residence. The detailed certificate indicates the technical characteristics of the housing, as well as a complete list of those persons who are registered in it. In the event that the plaintiff knows the data on the place of residence of the defendant, in the housing office at the place of his residence, it is necessary to take the same certificate. The certificate will be issued only after sending a written application to the management of the housing office, with the obligatory indication of the need to submit it to the judicial authorities. If the plaintiff does not have information about the place of residence of the defendant, during the consideration of the case it will be necessary to file a petition to determine the place of actual residence of the defendant who is not at the court session and cannot be notified of the ongoing consideration of the case. Having considered such a petition, the court will instruct the relevant authorities to conduct a search for the defendant.

It is the responsibility of the person applying to the court for alimony to prepare a calculation of the amount of funds necessary for the monthly maintenance of a minor child. The calculation must be justified and documented. Checks, receipts, receipts may be referred to documents confirming expenses for a child. Code of Civil Procedure of the Russian Federation provides for the need to provide this significant calculation to determine the amount to be recovered from the defendant. The preparation of the calculation falls on the shoulders of the plaintiff, who must treat it with full responsibility.

The justification for calculating the amounts necessary for the maintenance of the child in the future can serve as references to the amounts of expenses that were incurred in past periods and are confirmed by documentary or witness testimony.

The plaintiff, who knows the place of work of the defendant, as well as other sources of his income, is obliged to indicate this information in the application. This information is of great importance when the defendant does not have official employment, is an individual entrepreneur, or does not have a regular income.

Collecting alimony for past periods will require the provision of even more data. The fact that the defendant owns movable or immovable property will become important. Having checked the data on the defendant's property, the court will be able in its decision to both establish the amount of obligations for the past period and give specific instructions to the bailiffs to levy execution on the debtor's property, thereby protecting the rights of the minor.

In addition to the actions related to the collection of documents necessary to send to the court, one must not forget about the very preparation of an application for alimony or an application for a court order. In its form, the statement of claim must comply with Art. 126 Code of Civil Procedure of the Russian Federation and contain:

the full name of the court to which the application is sent;
names of the parties;
information about the place of residence of the parties;
a list of circumstances by which the plaintiff substantiates his claims;
the evidence cited by the plaintiff;
the amount of money claimed by the plaintiff from the defendant.

Applications are accepted by any world court. The choice of the court to which the application will be sent lies with the plaintiff. This is due to the fact that both courts located at the place of residence of the plaintiff and at the place of residence of the defendant are entitled to consider applications for the recovery of alimony. Court clerks accept applications with attachments in three copies, one of which remains in court and is the case file, the second is sent to the defendant, and the third is stamped by the court on the registration of the claim and is returned to the plaintiff.

The application is submitted by the plaintiff upon presentation of a passport. Employees of the judicial office will refuse to accept an application to a person who does not have identity documents.

Each application, at the time of registration, is assigned a corresponding number, knowing which, you can find out information about the stage of consideration of the case, its appointment for hearing, and the issuance of a procedural decision.

Based on the results of the consideration of the case, the court makes a decision, when holding meetings in a general manner, or issues a court order if the case was heard according to a simplified scheme. After the period prescribed by law for their appeal has expired, the procedural document can be obtained in your hands, right in the court office. It is worth paying attention to the obligatory presence of a mark on the entry into force of the document.

With the received court order, you can immediately go to the bailiff service, who will be engaged in the execution of the judicial will. Upon receipt of a court decision, you will have to apply to the office again to receive a writ of execution on it, with which you can contact the bailiffs.

The state fee, as well as other fees, for the presentation of an application for the recovery of alimony, is not paid.

statute of limitations

An application to the court for alimony can be filed at any time, until the child reaches the age of majority. The norms of the law oblige the court to appoint alimony not from the day the procedural decision is made, but from the day the application is submitted to the office.

For cases of this category, the statute of limitations does not apply, as indicated in Art. 107 RF IC. This means that the right to apply to the court with a statement of claim for the recovery of alimony does not completely depend on the period of occurrence of such a right and is limited only by the moment the child comes of age.

In the event that a court decision establishes maintenance payments for two or more children, the validity of such a decision will be terminated from the moment the eldest of the children comes of age, after which the court decision is subject to revision, and the amount of alimony is adjusted.

A three-year statute of limitations applies to claims for the recovery of prior periods.

Consideration of a claim for the recovery of alimony for children

After the application has been accepted by the world court, a decision is made on whether it will be accepted for production or not. It depends directly on whether the submitted document complies with the requirements of the current legislation.

If the claim is drawn up in accordance with all the rules, then the court sets a date for its consideration on the merits, of which both the defendant and the plaintiff are notified in the prescribed manner. In situations where the application does not comply with the norms of procedural or substantive law, the magistrate may return it to eliminate existing shortcomings or even leave it without movement.

After the claim has been accepted for proceedings, a month is provided for its consideration. The application is considered at the court session, where the parties are invited with the help of subpoenas.

Both the plaintiff and the defendant have the right to appeal against a court decision with which they disagree. A month is given to file an appeal, after which the decision comes into effect.

How to apply for alimony through public services

To apply for alimony through the gosuslugi.ru website, you must:
1) Go to the site
2) Log in to your personal account or register on the site.
3) In order to find the necessary service, you need to use the search and enter a question.
4) In the list that appears, you need to find the item with the acceptance of the application
5) Fill out an application

Other ways to apply for alimony

Our website contains a large number of articles that may be useful to you, for example, ways to sue in various family circumstances:

Grounds for return and non-acceptance of the claim

The application may be returned by the court in the following cases:

the dispute is not within the jurisdiction of the court;
the application is filed by a person deprived of legal capacity in the prescribed manner;
the claim is not signed by the applicant;
There is exactly the same claim before the court.

Last updated February 2019

If, after the divorce, the parties could not agree on a peaceful settlement of the dispute on the maintenance of a minor child (children) and did not conclude an agreement on the recovery of alimony, then the party whose rights have been violated has the right to file a claim for the recovery of alimony for the maintenance of the child from the ex-husband who does not fulfill their direct responsibilities.

Important! If both parents do not fulfill their obligations regarding the proper maintenance of their minor children (child), then the guardianship and guardianship authority has the right to independently file this type of claim with the court and oblige the parents (parent) to pay this mandatory payment.

Where to apply for child support

The submission process is quite simple. A person who intends to file a claim for child support must collect some papers, attach an appropriate statement to them and submit this package of documents to court of general jurisdiction, which is located at the place of residence of the defendant or plaintiff. This case is to be heard by a magistrate.

Important! If, when submitting documents, it is not established that the defendant is the father of a minor child in whose favor alimony will be collected and this fact should be established, as well as if the issue of deprivation of parental rights of both or one spouse is being resolved in parallel, then the data documents must be submitted to the district court cities (Article 23, Clause 4 of the RF IC).

If the marriage between the parents of a minor child was not concluded, then it is initially necessary to establish the fact of paternity. If the document (birth certificate) contains a record that this person is a parent, then proving will be a fairly easy procedure. If this record is not available, then it is necessary to make a genetic medical examination, which will reliably confirm paternity.

How to apply for child support

Article 131 of the Civil Procedure Code of the Russian Federation indicates that a statement of claim for alimony must be submitted only in a simple written form. Also, this article establishes some mandatory information that must be indicated in this document, but this list is not exhaustive. These include:

the name of the court;
Full name of the plaintiff, data on his place of residence;
Full name of the defendant, data on his place of residence;
the essence of the claim (violation of the rights of a minor child and deviation from the payment of alimony);
circumstances and evidence confirming the fact of violation;
the amount of alimony;
list of attached documents.

Sample request letter for child support

In order to better understand how the application for alimony should look like, check out its example (comments are highlighted in blue) or:

Justice of the Peace Court District
No. 3 in the city of Taganrog
Claimant: Ivanova Raisa Yurievna,
living: Taganrog, st. Zhukova, d.5, kv.8
Respondent: Ivanov Anatoly Georgievich,
resident: Taganrog, st. Chaikina, d.7
The price of the claim: 48,000 rubles (amount of payments per year)
The amount of the claim is 48,000 rubles (if in a fixed sum)
If the collection occurs during marriage, then this line is missing.

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)
or in a fixed amount per child (children)
or a child in marriage

I and Ivanov Anatoly Georgievich are the parents of a minor child (children) Ivanova Anastasia Anatolyevna, born in 2008. The child (children) lives (s) with me at the address: Taganrog, st. Zhukova, d. 5, apt. 8. I fully support him (them) financially, the defendant does not provide material assistance for the maintenance of the child (children). The defendant has no other children, no deductions are made from him under executive documents ( it is not possible to voluntarily resolve the issue of paying alimony, an agreement on the payment of alimony was not concluded between us - add if the collection occurs in a firm form) .

If the collection occurs during marriage, then add: “the funds currently available to me are not enough for the full and comprehensive development of the child, since, given the high costs associated with his education, the acquisition of the necessary textbooks, notebooks, books, clothes for him and related accessories for training, not to mention proper and balanced nutrition, the cost of which is also borne only by me.

In accordance with articles 80, 81 of the Family Code of the Russian Federation (83, 117 if child support is in solid form), articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Collect from Ivanov Anatoly Georgievich, born in 1975, a native of the city of Taganrog, Rostov Region, in my favor alimony for the maintenance of Ivanova Anastasia Anatolyevna, born in 2008, in the amount of 1/4 part (for 2 children - 1/3, for 3 children - 1/2) all types of earnings monthly, starting from the date of application on June 25, 2019 until the age of majority of the child (children).

If the recovery occurs in a firm form, then indicate the amount and reason for payments of this particular form:the parent liable to pay maintenance has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income. And also indicate how much money was spent on the maintenance of a child during marriage every month. If the ex-spouse has no earnings, then it is necessary to indicate the amount of the average monthly earnings at the time of application, as well as the minimum subsistence level for a child.

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
Copy of marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)
Help from the housing authorities on the residence of the child with the plaintiff
Certificate from the place of work of the defendant (if there is no work, and he is registered with the employment center, then a certificate of payment of benefits to the defendant)
State duty payment receipt
Documents confirming the amount of the defendant's income
Documents confirming the amount of necessary support for children
(Points 7 and 8 are necessary in case of collection of alimony during marriage).

List of attached documents

When filing with the court, the following documents must be attached to the statement of claim for the recovery of alimony:

copy of marriage certificate
copy of divorce papers
a copy of the birth certificate of the child (children) who have not reached the age of majority
documents that confirm the fact that the child lives with the plaintiff (they are issued by the housing authority)
a certificate from the place of work confirming that the defendant has earnings (if this party is unemployed and is in the employment center, then a certificate of payment of benefits to the defendant)
a document containing information on the payment of the state fee

Important! The amount of the state duty in accordance with paragraph 14 of Article 333.19 of the Tax Code of the Russian Federation is 150 rubles. It is charged to the defendant. If the plaintiff has already paid it, the court will oblige the defendant to return the expenses incurred. If the court decided to collect a mandatory payment not only in favor of the minor, but also in favor of the plaintiff, then the amount of the state duty will increase by 2 times.

You can file a lawsuit to collect child support at any time before the child reaches the age of majority. At the same time, in the court decision, alimony will be determined from the moment of application.

Grounds for return and non-acceptance of the claim

Sometimes the court may refuse to accept the claim, return it or leave it without movement. Cancellation is possible in the following cases:

there is already a case in proceedings against the party whose interests are being protected
there is a court decision, which has already entered into force, between the same subjects on the same subject and the same grounds
there is a court ruling on accepting the refusal of the plaintiff about this claim

This list is not exhaustive. After the refusal, the court issues a reasoned ruling that prevents the re-filing of a claim for the recovery of alimony against the same defendant, on the same grounds and subject matter, but the ruling may be appealed.

The return of the claim occurs in the following cases:

non-compliance with the procedure for pre-trial settlement of relations
this court has no jurisdiction
the claim is filed by a person who is incompetent
the court already has an open case between the same subjects, on the same grounds and subject
the application was not signed or signed by a person who does not have the right to perform this action
if an application was received from the plaintiff to return the claim to him

This list is not exhaustive. At the time of return, the judge issues a reasoned ruling, indicating in it all the necessary circumstances. The return period is 5 days after submission. After the elimination of the shortcomings, the claim may be filed again, and a complaint may be filed against the decision of the judge.

The statement of claim for alimony remains without movement if the conditions of its form and content have been violated. After correcting the deficiencies, the claim is again sent to the court.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

Hello!
A claim for the recovery of alimony is filed with a magistrate at the place of residence of the defendant or at the place of residence of the plaintiff.

If the place of residence of the defendant is unknown, then the claim must be filed at the last known place of residence of the defendant.
There is no fee to file a claim for child support.

To the magistrate's court __________

Claimant:__________________________________

(full name, address)

___________

(full name, address)

STATEMENT OF CLAIM

Date____ I entered into (a) marriage as the defendant (tsey) (full name of the spouse (s) and lived (s) with him (her) together (indicate the month, year until which they lived together: if the marriage has already been dissolved, then indicate the date of dissolution). From the marriage we have (have) a child (children) (indicate the name, date, month, year of his (their) birth). ) does not provide material assistance for his maintenance (al, ala). The defendant (ca) does not have another child (children), no deductions are made from him (her) under executive documents. (The defendant (ca) does not provide alimony for the maintenance of other minor children pays. (If the spouse has other children and, according to executive documents, alimony for their maintenance is withheld from him, the full name, place of residence of the 3rd person (the person in whose favor the alimony for the maintenance of children is paid

Based on the aforesaid and guided by Article. Articles 80, 81 of the Family Code of the Russian Federation

PLEASE COURT:

Collect from (indicate full name, date and place of birth, place of residence and address of residence, place of work, position) in my favor alimony for (indicate the name and date of birth of each child) in the amount of _______ part of all types of earnings monthly, starting from (the date of application is indicated) and until his (their) majority.

Application:

Copies of the statement of claim for the defendant (and for third parties, if any).
.
.
Certificate from the place of residence (that the child is dependent on the plaintiff).
Certificate from the place of work of the defendant (on salary and deductions made on executive documents in favor of other persons).
date

Good answer bad answer

A statement of claim for the recovery of alimony is submitted to the justice of the peace. The claim can be filed at your place of residence or at the place of residence of the defendant. The plaintiff is exempt from paying the state duty.

The child support claim must be accompanied by a birth certificate of the child(ren) that confirms that the defendant is the parent. You also need to attach a certificate of family composition, which confirms that the child lives with the plaintiff and is on his maintenance (dependency).

If the parents were married, the application must be accompanied by a certificate of its conclusion (of dissolution, if the marriage is dissolved). If the parents were not married, this document is not required.

(full name, address)
_
(full name, address)

(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)

Good answer bad answer

Olga Igorevna

Hello, as an addition, I will explain. A statement of claim for the recovery of alimony is filed at the site of the magistrate both at the place of residence of the defendant and at the place of your residence. (Optional). At the same time, you, the applicant, are exempt from paying the state fee. The statement of claim must contain the following information: 1) the name and address of the court district to which the statement of claim is sent 2) the full name of the plaintiff, address of registration, address of residence, telephone 3) full name of the applicant, address of registration, address of residence, telephone 4) Information about circumstances (whether you are married, etc.) 5) Law references (Family Code) 6) Requirements
All the best.

Good answer bad answer

(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

ASK:

Application:
1. Copy of the statement of claim.

Good answer bad answer

Justice of the Peace Court District
No. _____ by city ______
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
The price of the claim _____________________
(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full name of children, date of birth). The child (children) live with me, I fully support them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, no deductions are made from him under executive documents.

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of ______ of all types of earnings monthly, starting from the date of application (specify) to the age of majority of children.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)
Help from the housing authorities on the residence of the child with the plaintiff
Date of application "___" __________ ____ Signature of the claimant _______

Good answer bad answer

The application must be written in writing in accordance with the requirements of Article No. 131-132 of the Civil Procedure Code of the Russian Federation. In any court, there is a form for the correct execution of a statement of claim. If you find it difficult to write a statement on your own, you can always contact a professional lawyer for help. 2 In the statement of claim, you must indicate the name of the court in which you are filing an application. Indicate the city or district where the court is located.
Last name, first name, patronymic of the plaintiff, that is, you. Your registration address. 3 Last name, first name and patronymic of the defendant, that is, the person for whom you are filing for alimony. His address of registration and address of actual residence. 4Next, write a statement of claim for the recovery of alimony for a child or children and indicate the number of children. 5 Describe when you got married to the respondent citizen, until what day of the month and year you lived together. When the marriage is dissolved, you must specify the day, month and year. If the marriage is not dissolved, but you do not live together, then indicate from what date of the month and year the joint household is not conducted. If the marriage is not dissolved and cohabitation, indicate that you live together. 6 Indicate that there are children from a joint marriage, and how many. Write the name of each child, day, month and year of birth of each child.
Write that the children are dependent on you and that the defendant does not provide financial assistance for the maintenance of children.
Does the defendant have other children besides yours, and whether deductions are made from him on writ of execution in favor of other children. 7 Next, you need to write: In accordance with Article No. 80, No. 81 of the Family Code of the Russian Federation, I ask you to recover from (indicate the last name, middle name and address of the defendant, a native of which region or city). In my favor, alimony for (indicate the names of the children and the date of birth of each child). In the amount of all types of earnings monthly, starting from the date of application and until the age of majority of children. 8Submit documents and the defendant is awarded the payment of alimony from the date of filing the statement of claim. The amount of alimony will depend on whether the defendant still has minor children.

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STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

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Justice of the Peace Court District
No. ____ by city _______________
Claimant: ________________________
(full name, address)
Respondent: ______________________
(full name, address)

STATEMENT OF CLAIM
to reduce child support

Based on the decision of the justice of the peace of the court district N____ dated "___" _________ ___ N____, in favor of the defendant (ka), alimony is collected from me for the (minor (them)) child (children) _________ (full name, date of birth of the child (children) in the amount _______ (indicate shares or amount of hard money) wages.

Since the decision N ____, circumstances have changed, namely: _________ (indicate the circumstances affecting the reduction in the amount of alimony).

Based on the foregoing, guided by Article 119 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Reduce the amount of alimony collected from me in favor of the defendant (ka) by decision of the justice of the peace of the court district N ____ from "___" _________ ____ N ____ for the maintenance of the child (children) _________ (full name, date of birth of the child (children) to _______ share wages monthly.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
Document confirming the payment of the state fee
A copy of the decision of the justice of the peace N ____ dated "___" _________ ____
Plaintiff's salary statement
Evidence supporting the grounds for reducing child support
Date of application "___" _________ ____ d. Petitioner's signature _______

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STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

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Application for recovery of child support (sample)

In ___________________ district
(city) court of ___________

PLAINIT: _______________________
(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

“__” _________ 20__ I got married to _____________________________ (full name and address of husband / wife) and lived with her (him) together __________________________________ (month, year until which they lived together; and if the marriage is dissolved, then the date of dissolution).

From marriage we have (are) a child (children) _____________________ (name, date, month, year of birth)
The child (children) is (are) dependent on me, the spouse (a) does not provide material assistance for his maintenance (al, ala).

The spouse (a) does not have another child (children), no deductions are made from him (her) under executive documents.

In accordance with Article.Article. 80, 81 of the Family Code of the Russian Federation,

ASK:

Collect from _________________________________ (full name and address of residence, work of husband / wife) __________________ year of birth, native (s) _______________________ (city, region) in my favor alimony for ______________________________ (name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (“__” __________201__) until his (their) majority.

Application:
1. Copy of the statement of claim.
2. A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4. Certificate from the place of work of the person obliged to pay alimony, about the amount of salary and deductions.
5. Certificate from the housing authorities on the fact that the child (children) is dependent on the applicant.

"___"__________ ____ G. ______________

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A statement of claim for the recovery of alimony is a letter to a law enforcement agency to protect the rights of minors. The sample can be downloaded for free.

The decision to create a family imposes on the spouses not only rights, but also obligations. The duty of raising a child is the most important in the life of a parent. Unfortunately, many marriages break up despite the fact that there are minor children. Petition for the recovery of alimony becomes a forced appeal to a law enforcement agency to protect the rights of minors. A sample statement of claim for the recovery of alimony can be downloaded for free from the link.

The alimony letter under consideration is submitted to the court in at least three copies. One copy is issued back to the applicant with a mark of acceptance, the second is sent to the defendant at the place of registration, the third is kept in the file. After notification of the plaintiff and the defendant about the place and time of the preliminary hearing, the date of the main hearing is determined. A claim for the recovery of alimony is often considered without a defendant. A similar circumstance is connected with the unwillingness of one of the parents to bear the obligation to provide for their child.

Mandatory clauses of a statement of claim for the recovery of alimony

In the upper right corner, the details of the instance, the data of the responding party, and their own information are recorded;
Title, short description;
Description of the circumstances of separation and indication of information about joint children;
Requirement, place of work of the responding party;
Applications, signature, transcript, date.

Almost every person will cope with the writing of the discussed statement of claim. There is no need to describe in detail the circumstances of living together and the reasons for the divorce. It is important to attach additional information and copies of accompanying papers: birth certificates of all children, the applicant's passport, a court decision on divorce, if any. Other evidence may be added to the list of applications. When recovering alimony, the plaintiff does not pay state duty. Its recovery is made from the defendant.

Divorce is a rather difficult stage in the life of adults, but it is even more difficult for children, especially minors. The parent with whom they will live is difficult morally, but there may be significant financial difficulties. Therefore, still during the divorce process There is a question about the payment of alimony.

The judge explains to the parent staying with the children the right to receive material assistance for his maintenance from the other parent and recommends filing a claim for the recovery of alimony. It is extremely important to address this issue immediately.

Filling out the claim form

The parent with whom the children will remain after the divorce applies for alimony by contacting the court at the place of residence, where he is issued a special form from 2019 ( Application form in word format). Necessary:

fill it in correctly
attach the required documents
give to the office and wait for the court decision at the appointed time

Fill out the form as completely as possible, thereby you will avoid potential problems in the future.

As a rule, a special stand near the table where you will fill out a statement of claim for alimony will help you do this, according to the established procedure. You can use an example to see how it should be formatted.

Having visually familiarized yourself with the proposed materials, having looked at the alimony sample, you, focusing on it, will begin to fill out the so-called "hat". It is written here:

name and address of the court
your last name, first name, patronymic
passport details

surname, name, patronymic of the person liable for alimony
his passport details indicating:
- places of birth
- places of registration and residence,
- last name, first name, patronymic of the child in whose favor the alimony will be paid,
- number, series, date and issuing authority of the birth certificate,
- alimony (percentage of income)
- period from which alimony is to be ordered.

You will also need:

date of registration of marriage
date of divorce
details of the marriage certificate and divorce certificate.

Attached to the application for alimony copies:

marriage certificates
about the birth of a child
on divorce

And references:

from the place of work of the defendant about wages about deductions in favor of the plaintiff
about the child's place of residence

We submit documents and receive a writ of execution

With the completed form, the plaintiff applies to the court at the place of residence. State duty not paid the plaintiff, the defendant pays it. The amount of the payment is determined by the court. IN within five days the application will be considered and the defendant will be issued a writ of execution indicating the amount of alimony to be collected.

The exception is cases of an already existing decision on the specified case, as well as if there is a provision of funds for children on a voluntary basis fixed by the agreement, with documentary evidence of the relevant payments. Refusal of a claim is possible when applying to a court that is not related to the territorial residence of the plaintiff or defendant.

The limitation period from the moment the right to alimony arises is not limited, even if the child is already an adult.

Based on Art. 107 RF IC

Conditions for collecting alimony

To receive parental payments, the child is obliged live with him. To prove this fact, a certificate of the place of residence of the child is attached to the application.

Also, alimony can be accrued for a child when cohabiting with the plaintiff in the following cases:

parents divorce
evasion of a parent from the material maintenance of children in the absence of actual dissolution of marriage
in case of annulment
recalculation of alimony in a fixed amount
deprivation of parental rights of one or both parents
changing or invalidating an earlier agreement on payments

In order to avoid the formation of debt, the alimony payer is obliged to pay alimony in a timely manner. If the defendant fails to pay at any time, a debt inevitably arises. In this case, the alimony recipient has the right to demand payment of the resulting debt. Evasion of its repayment results in a penalty that must be paid. In such a situation, the most important transfer the required amount in a timely manner and pay off debt.