How is child support paid after a divorce? How to get child support after a divorce. In addition to the application to the judicial authorities,
The question of how to file for alimony after a divorce, unfortunately, becomes relevant for the parent with whom the children remain, since he will have to solve all the problems that arise alone.
After a divorce, all issues related to the upbringing and maintenance of children are resolved by the former spouses jointly, it does not matter which parent they live with. Financial assistance can be obtained, this can be done after the dissolution of the marriage.
Grounds for collection
Divorce assistance is regular financial support for children and a disabled ex-spouse (or spouse).
You can get them if:
- have relatives by blood or adopted minor children;
- there is a child with a disability, even who has reached the age of majority;
- ex-wife is pregnant;
- one of the spouses lost the ability to work during marriage or within 12 months after the divorce;
- former spouse is disabled;
- ex-husband (or wife) is retired.
Financial support by mutual agreement
Before applying to the court, it is advisable to try to agree with the second parent on the amount and methods of material support.
If it is possible to resolve the issue of the allowance for a minor without the involvement of arbitrators, a special agreement is drawn up. The document is certified by a notary, it clearly states the fixed amount, terms and methods of transfer.
To draw up a maintenance agreement, the notary must provide the following documents:
- civil passports of parents;
- proof of income of the parent wishing to provide financial support.
Specialist's note: under a maintenance agreement, you can often get more money than with forced collection through the courts.
Enforced collection
To withhold alimony against the will of the payer, they are sent to court at any time until the children reach the age of majority, as well as when circumstances arise that make it possible to receive material support from the former spouse.
If the parent does not have a job and a stable income, the deduction is determined in a fixed amount.
The procedure for processing documents for collecting money consists of several stages.
Definition of jurisdiction
Applications for the recovery of alimony are allowed in the magistrate's courts, except when:
- Paternity (maternity) is disputed or needs to be established.
- The involvement of third parties interested in the case is required. As a rule, these are cases when a requirement for the payment of assistance in a fixed amount is stated, there is a dispute about the place of residence of children, the defendant is already paying child support from other marriages, it is impossible to establish the location of the defendant and the sources of his income .
In these two cases, the application is submitted to the court of district or city significance.
An important point: when filing an application with the court, the withholding claimant does not pay a state fee.
You can submit documents at the place of residence of the plaintiff or the defendant, this is of fundamental importance. Having decided on jurisdiction, you can proceed to the next stage.
Collection of documents
Success largely depends on a properly prepared package of documents. References must be submitted to the court in the original, personal documents in originals, in the form of notarized copies.
The list of required papers is as follows:
- statement of claim (made, as a rule, in several copies, taking into account the number of parties to the case);
- the applicant's civil passport;
- divorce certificate;
- birth certificates of children;
- information about the composition of the plaintiff's family;
- a copy of the civil passport and information about the defendant's earnings (desirable, but not required).
Alimony cases decided by the courts require the payment of a fee. After the satisfaction of the claims, its amount is recovered from the defendant to the state budget, but the plaintiff is completely exempt from paying any duties and fees.
Specialist's note: the allowance, determined in a fixed amount, is subject to indexation when the subsistence minimum changes.
Proper filing of a claim
An important stage in the collection of financial assistance. A sample document can be obtained from the office or on the website of the court.
If the situation is complex and confusing, it is best to involve a qualified specialist in processing the application. But the plaintiff must have an idea of how to create a document.
It should reflect the name of the court, names, addresses, contact details of the parties, the estimated amount of benefits for 12 months.
The text must indicate the dates of marriage, its termination, the birth of joint babies, and also with whom the children live. If the deduction is levied on the spouse who has lost the ability to work, the application must justify the right to material support.
The document must certainly indicate the amount of financial assistance and the type of penalty:
- as a percentage of the defendant's monthly earnings;
(You can download a sample statement of claim for the recovery of benefits as a percentage of earnings).
- in a fixed amount.
(You can download a sample statement of claim for the recovery of alimony in a fixed amount at).
In conclusion, it is worth indicating the list of documents provided, put the date and personal signature.
Note of a lawyer: the allowance for supporting minors can be collected not only from the date of application, but also for the past period.
Resolution of the issue in court
The principle of consideration of the application depends on the court in which the process is taking place.
In the world court. The application is resolved in 5 days by the judge in absentia, without the invitation of the parties.
The result is a court order. If the defendant does not appeal the document within 10 days, it becomes effective.
In a court of general jurisdiction. The application is resolved according to the rules of action proceedings within a period not exceeding 2 months. The parties to the case, interested persons, witnesses are summoned to the court session. The presiding judge examines the evidence and makes a decision. Upon satisfaction of the claim, a writ of execution is issued.
Specialist note: the basis for withholding benefits is a court order or writ of execution.
How is alimony verdict enforced?
At the end of the trial, the claimant may:
- directly send the writ of execution to the accounting department of the company in which the defendant works;
- send a court order (or writ of execution) to the territorial bailiff service for enforcement.
If the defendant is not employed, hides the place of service, the location of the unfortunate parent is not established, the allowance is calculated anyway, and its amount depends on the regional subsistence level.
The recovery of material assistance here is possible only by the bailiff service. The claimant can interact with it by personal appeal or through the portal of public services.
Receiving alimony from a former spouse is within the power of any parent whose dependent children remained after the divorce, if he himself has lost his ability to work. It is important to correctly draw up a statement of claim, collect a package of documents substantiating the requirements, show perseverance and patience.
Watch the video, which details the question of how to file for alimony after a divorce:
Divorce is a difficult process not only for adults, but also for children. To minimize financial difficulties for the parent with whom the child remains, a special procedure for collecting alimony is provided. It usually starts just after a divorce.
Purpose and features of alimony
Before a parent, who has become independent for some time now, the issue of resolving material difficulties is acute. To ensure a decent maintenance for a minor child, you need to know where to file for alimony after a divorce. Child support obligations are one of the most powerful instruments among child protection mechanisms. This is financial assistance from a former family member for the maintenance of a child by a second parent.
The answer to the question of where to file for alimony after a divorce can be different. It is based on the fact that these obligations can be consolidated using two mechanisms:
- voluntary agreement between parents;
- the court's decision.
The first option involves the provision of financial assistance on a voluntary basis, when the former spouse supports the family he left behind. A certain agreement is discussed by the former spouses. As a result, a special agreement is drawn up indicating not only the amount of such payments, but also their form, as well as a specific option for transferring funds. This paper is certified by a notary.
In some cases, the question "where to apply for alimony after a divorce" may not reach. This is possible if, when parting, the former spouses can independently come to a mutual decision, when everyone understands the importance of material support in relation to the child. Even in this case, in case of disagreement, it is possible to go to court in the future. To avoid additional problems, experts recommend initially drawing up a mutual decision through certified documents. And then the question of where to file for alimony after a divorce and what documents are needed for this will not arise before you.
Possible grounds for collection
Alimony paid by a former family member is understood as a certain amount of money as material support for an abandoned child. Before you figure out what is the procedure for processing and where to apply for alimony after a divorce, you need to know if there are grounds for this. Such recovery is possible in the following cases:
- the presence of minor joint children who need to be provided;
- the ex-wife is pregnant, is carrying a common child, the maintenance of the woman is expected not only for the period of pregnancy, but also for the next three years after the baby is born;
- the spouse has the status of a disabled person;
- need to take care of a disabled child;
- the spouse loses the ability to work during the marriage or during the next year after it;
- the retirement age of the spouse at the time of the dissolution of the marriage or for subsequent years after it.
These situations in the life of citizens are quite common. Perhaps the most pressing question in this situation is where to apply for alimony after a divorce? And the order of actions is important. The legislation provides for two options for this procedure:
- Simplified.
- Optimal.
In a simplified version, the authority where to apply for alimony after a divorce is a justice of the peace. He, in turn, will prepare the appropriate court order. But such a scenario is possible only if there are no contentious issues between the spouses, including in terms of choosing a place of residence for a common child.
An additional condition for the implementation of the simplified version is a certain requirement regarding the amount of alimony. If there is any disagreement, this mechanism cannot be applied.
If writ proceedings are launched, then the corresponding paper will be ready five working days after the application is submitted to the court. If in the next 10 days the other party does not raise any objections, then this order becomes valid and is transferred to execution.
The second option, where to apply for alimony after a divorce, is more complicated and lengthy. But in practice, in most cases, they turn to it. Usually, in parallel with the divorce documents, the relevant papers are also submitted to establish alimony, and, if necessary, with the requirement to document with which parent the child will remain. This is a complex and costly mechanism. To position yourself on the winning side and increase your chances of getting a decision in your favor, it is best to contact an experienced family law attorney. He will not only give a sample application and explain where to apply for alimony after a divorce, but also clarify all unclear points. In such matters, the help of professionals is needed.
Claim proceedings
When the option of organizing writ proceedings is not possible, there is only one option left where to apply for alimony after a divorce. This is the filing of a claim.
In fact, litigation is a complex process. It involves both opposing sides. There is no quick solution in such cases. All disputes are resolved in court. Among other things, the judge will determine the final amount of alimony and the procedure for their payment.
Based on the results of the consideration of the case, a decision on alimony is made. Everything is reflected in a document called the Writ of execution. It is handed over to the bailiffs for execution. Moreover, this procedure can be performed independently or you can issue the necessary application for this in court.
Who should file a claim?
Each of the former spouses has the right to file an appropriate claim. It does not matter at all whether he is the defendant or the plaintiff in the divorce proceedings. In any case, the question of where to apply for alimony after a divorce is relevant for the spouse with whom the children remain.
In the vast majority of cases, this role is assumed by the mother. She decides where she will apply for alimony after the divorce or during the process.
In exceptional cases, the father takes the children to him. Then he will have to figure out where to apply for alimony after a divorce in order to receive material support from his ex-wife. He has every right to do so.
In which court is an application for child support filed?
To speed up the process, you need to clearly know where to file for alimony after a divorce and what is the procedure. Experts argue that only two courts have the right to consider the relevant claims. It:
- District courts. This should be contacted if the spouses themselves cannot determine with whom the children will remain. The same instance establishes the final amount of alimony, and, if necessary, appoints the establishment of paternity in relation to the child.
- world courts. When the former spouses do not have mutual claims, they independently chose the place of residence of the children and they only need to determine the final amount of alimony.
When figuring out which documents and where to apply for alimony after a divorce, it is necessary to observe the principle of alternative jurisdiction. It states that the choice of the venue of the trial remains with the parties to the process. It can take place at the place of residence of one or the other party.
Required documents
If the question of where to apply for alimony after a divorce is resolved, you need to prepare the necessary papers. The following documents are required to file a claim:
- passport and its copy (mandatory presence of pages reflecting the registration of marriage, place of registration);
- documents confirming the birth or establishing the fact of paternity of the child;
- a statement of the established form (it is drawn up in a free form indicating the required details and important aspects of the case);
- marriage or divorce papers;
- papers reflecting the composition of the family, which are processed by the Housing Office or the passport office;
- desired amounts of alimony and their justification.
For cases where the parents were not legally married, an additional procedure is required, namely the establishment of paternity. Without this, the question of where to apply for alimony after a divorce (it’s too early to look for a sample application in this case) does not make sense, because paternity has not been confirmed. But the problem can be completely avoided when the relevant information is already reflected in the birth certificate of children.
If there is no information about paternity in the birth certificate, then a separate establishment of the fact of paternity is required within a separate court session. Its result is a prepared court decision.
The peculiarity of registration of alimony is that the statute of limitations does not apply to this procedure. You can complete the necessary paperwork until the child reaches the age of majority.
The statute of limitations is present only in cases of collection of arrears in the payment of alimony, it is three years.
How to proceed when going to court?
When filing a claim, the period of its consideration is limited to three months. The term is counted from the moment when papers that fully comply with the current requirements and the norm of the law are provided to the court.
As soon as a particular case is accepted into proceedings, the judge who presides over it will determine the date of the hearing. Appropriate notifications will be received by both parties of the process.
Holding a court session on issues of alimony and determining the place of residence of children is possible only with the obligatory participation of both parties. Therefore, where exactly to apply for alimony after a divorce (a sample application is presented in the article), it is better to think over in advance.
During the hearing, the judge will do the following:
- consider the submitted papers, the available evidence in a particular case;
- decide whether, in a particular case, alimony can be assigned in a fixed amount, depending on the total income of the defendant and the presence of certain property in him and in the child in respect of whom the procedure is being carried out;
- recognizes the voluntary consent concluded by the parties previously valid or no longer having legal force.
In cases where, within the framework of the court session, the judge makes a decision on the recovery of alimony, this is reflected in the writ of execution.
According to statistics, in the vast majority of cases, the processes for establishing alimony are completed in favor of the plaintiff. This is based on the fact that the parent who left the child is obliged to provide financial assistance. This is reflected in the current legislation.
Deadlines for going to court
If there is a legally justified right to alimony, anyone can apply with a corresponding application to the court if he did not receive them as part of a voluntary agreement between the parties. Where to apply for alimony after a divorce, any lawyer will tell you if you yourself doubt how to do it right.
Otherwise, alimony is paid for a period of three years after the case has gone to court.
Methods for calculating the amount of alimony
What will be the amount of alimony payable in the event of a divorce in a particular case? Current legislation limits only the minimum size. But the final amount is always calculated individually, taking into account the specifics of the situation.
The amount of alimony is determined by a combination of factors:
- the fact of employment of a person who will have to pay alimony;
- whether he has an official source of income;
- the presence of other persons dependent on the defendant;
- wages;
- current financial situation of the defendant.
As a general rule, alimony is calculated according to the following rule (% of wages):
- for one baby - 25%;
- for two - 33%;
- for 3 and more - 50%.
It is important to note that this is not the maximum payout. In special cases, the court may decide to pay up to 70% of the amount of official earnings.
Calculating the amount of child support is easiest when the parent who has to pay it has an official job. In the absence of a confirmed regular income, payments in a fixed amount are established in practice. In this case, their size is fixed and in no way depends on the amount of the defendant's income.
The legislation also stipulates a certain set of payments from which alimony cannot be withheld. These include payments for the birth of a child, travel expenses and some others.
Important nuances of registration of alimony
When making payments, it is not enough to know where the prepared papers need to be submitted. It is necessary to take into account a number of additional details. So, if you have a minor child, you must:
- during the preparation of the statement of claim, make copies of all documents used;
- take a special certificate from the housing office to reflect the composition of the family, indicating the area of \u200b\u200bhousing and persons registered in this territory;
- a certificate from the ZhEK about the place of residence of the former spouse;
- if it is not known where the other parent lives, the court will issue a corresponding search order;
- at the court session, it is desirable to present preliminary calculations and justification of the desired amount for the maintenance of the child;
- the plaintiff lists the sources of the defendant's income known to him.
There are several options for resolving the issue of alimony. The option of a peaceful solution to this issue through an agreement always remains. And it is better to agree among themselves than to decide later where to file for alimony after a divorce. The procedure for collecting them is tedious and unpleasant for both parties. The task of parents is to make every effort for a civilized dialogue and appropriate agreements. Quarrels and swearing will not only drag out the trial, but will also negatively affect the child. And this is also important.
The process of divorce is difficult not only from a psychological point of view, but also when considering the material side of the issue. It is assumed that the property acquired in marriage should be divided. The situation is more complicated with children, whom both parents should take care of equally after a divorce.
Alimony refers to financial assistance provided to a family member who needs it. Dedicated to this issue.
Alimony is due:
- minor children ( 80 article);
- adult children who need financial support from their parents ( 85 article). For example, with a formalized disability;
- disabled parents with adult children, if they need help;
- spouse who received a disability during the marriage or a year after its dissolution;
- pregnant woman from the father of their joint child ( 90 article) ;
- ex-wife who has a child under 3 years of age ( 90 article);
- brothers and sisters ( Article 93);
- grandchildren from their grandparents if it is impossible to receive material assistance from their parents ( Article 94);
- grandparents from grandchildren, if the children cannot support their elderly parents in need of help ( Article 95);
- stepfathers and stepmothers, but only if they raised their stepchildren for more than 5 years ( Article 97).
Income from which alimony is calculated
The list of income from which child support is deducted is indicated:
- salary at the main and additional place of work;
- awards and rewards;
- fees;
- surcharges and allowances;
- pension accruals;
- scholarships
- unemployment benefits;
- rental income;
- business income;
- dividends;
- material aid.
Important! Withholding funds for the maintenance of children is made after the deduction of income tax in the amount of 13% from the total amount of earnings.
How to get child support after a divorce
You can receive monetary compensation for the maintenance of a child under 18 in several ways, each of which will depend on the conclusion of a mutual agreement between the parents and on the amount of material assistance required.
Notary
Appeal to a notary is a pre-trial solution to the issue of alimony. Former spouses come to the notary's office in situations where they were able to make a decision on the issue of the material maintenance of their children on a voluntary basis. The amount of payments, the method of transfers and the regularity of the provision of funds are set by the parents independently, on the basis of their joint agreement. It is important that the amount of alimony established in the pre-trial procedure should not be less than the amount prescribed by law. The notary, certifying the agreement, must control this issue. The amount of alimony is prescribed in a voluntary agreement ( Article 100 of the RF IC).
World judge
It is allowed to send applications for alimony to the court both at the place of residence of the plaintiff and at the place of residence of the defendant. Parents resort to the services of a justice of the peace if there are no complicated circumstances in considering their issue. Typically, such a court hears cases related to payments for minor children. Alimony is assigned in accordance with the RF IC as a percentage of the parent's income.
District Court
The district judge is resorted to in case of ambiguous situations and controversial issues. These include:
Child support calculator
The word "alimony" is translated from Latin as "nutrition". In family law, alimony refers to property in kind or money that one of the family members pays in favor of former or current family members voluntarily or involuntarily.
The types of maintenance payments that are accrued in favor of the recipient after the dissolution of marital relations are:
- Alimony contributions of parents for the maintenance of infants or minor children.
- Alimony for the maintenance of the wife during a divorce if she is pregnant or is a housewife raising an infant until he reaches the age of three years.
- Recovery of funds from the ex-husband or wife in favor of the second spouse, who is in need or disabled.
- Maintenance allowance for a financially distressed ex-spouse if he or she is caring for a minor child who is legally disabled.
The list of legal facts that allow the person concerned to claim, according to the law, to receive mandatory maintenance after the termination of family relations, include:
- Ex-wife's pregnancy.
- Disability of a wife or husband, for example, due to a disability.
- The presence of a common minor child who has not reached the age of majority.
- The neediness of a former member of a married couple. This word should be understood as the absence of the minimum amount of money necessary to maintain life, or the need for expensive treatment or care.
- The upbringing by the ex-wife, who is on maternity leave, of a child who, at the time of the submission to the court of an application for the recovery of alimony, was not three years old. At the same time, the ex-wife should not work and have earnings for good reasons. Such reasons include the lack of material assistance from relatives or the inability to leave the child while working with another person or in a kindergarten. This allows the ex-wife to claim maintenance allowance from her husband.
How is child support paid after a divorce?
To understand what procedure for paying child support during a divorce is established by law, you should refer to Chapter 13 of the Family Code. In a summary form, information on how maintenance payments are assigned and how much money will be paid to the recipient is indicated in the table.
| Forms of accrual of alimony payments | The amount of maintenance allowance |
|---|---|
| Percentage of income | The amount of money transferred for the maintenance of young children depends on their number. Keep in mind that the law does not distinguish between natural and adopted children. So:
|
| Cash amount in fixed form | The list of reasons why the court awards payment of a fixed amount of maintenance benefits include:
|
Alimony for the maintenance of the former spouse
A former spouse or spouse can count on material support from another former member of the family union in the event of:
- Pregnancy.
- The need for funds.
- Care and supervision of a child who is under three years of age.
- disability.
- Caring for a disabled child.
The law establishes the only form for the payment of maintenance allowance, namely: a fixed amount of money, which the payer undertakes to transfer monthly.
The evidence that the ex-spouse must provide to the judge for the award of alimony in each case is grouped in the table.
| Grounds for paying maintenance allowance | List of evidence |
|---|---|
| Collection of alimony to wife up to 3 years in case of divorce |
|
| Pregnancy | It is enough to bring a certificate from a medical institution about pregnancy to the trial. |
| Disability | It is necessary to present to the court a certificate from a medical organization certifying the presence of a disability. Disability must appear in the former spouse in a registered marriage union or within 1 year after separation. |
| Caring for a disabled minor under the age of 18 who lives with a needy ex-spouse |
|
| neediness |
|
The presence of financial obligations under the mortgage agreement does not affect the amount of maintenance allowance that must be paid to the payer. Whatever the size of the monthly loan payment, the amount of money for alimony is considered from the total salary or other earnings of the obligated person, and not from the amount remaining after the mortgage payment.
The financial burden of the alimony may be relieved if the following conditions are met simultaneously:
- The mortgage agreement was signed after the marriage. In this case, the house mortgaged in the bank is considered by law to be the jointly acquired asset of the wife and husband.
- Credit housing and mortgage debt are divided between former spouses.
In this case, the payer, in the role of which the father most often acts, gets the opportunity to reduce debt obligations, as a rule, by 2 times, since residential real estate is usually divided in half in court.
Peaceful agreement
The issue of alimony payments can be resolved quickly and without significant financial costs for fees and lawyer services thanks to an agreement concluded by mutual agreement between the wife and husband.
The convenience of the alimony agreement for the recipient lies in the fact that if the payer refuses to fulfill the agreements, the recipient can apply with this document to the court with a request to issue a writ of execution. At the same time, the recipient does not need to initiate a lawsuit and spend 1 month on the proceedings. A writ of execution is usually provided to the injured party within 1 week.
This document must be in writing and notarized. Without the signature of a notary, the agreement cannot have any legal force and is considered invalid.
The agreement should address the following issues:
- The amount of the maintenance allowance.
- Form and frequency of maintenance payments.
- The duration of the agreement.
- Actions to be taken by the interested person in order to terminate or change the terms of the agreement.
- Possibility of indexation of alimony payments. This item is optional.
The parties to this agreement can independently prescribe in the document one of the following methods for calculating the amount of maintenance allowance and set the frequency of deductions in favor of the recipient. When discussing the conditions, keep in mind that the amount of maintenance payments cannot be lower than the level established in Article 81 of the Family Code.
| Forms of payment of maintenance allowance | Calculation procedure |
|---|---|
| Percentage of earnings | Similarly, as it is written in the table in the chapter on the payment of child support. |
| Fixed amount of money (periodic) | It can be transferred monthly, annually or at other intervals according to the mutual agreement of the parties. |
| Fixed amount of money (one-time) | The money is given to the recipient immediately after the notarization of the agreement or provided by installments, the terms of which are negotiated by the parties. |
| Transfer of property | In this case, the payer transfers a part of the property belonging to him to the ownership of the recipient, and in return the recipient waives maintenance claims in the future. |
Before visiting a notary, it is necessary to prepare such documents as:
- Passports of the recipient and payer.
- Evidence certifying the fact of the birth of children. They are needed if the alimony will be transferred by the payer in favor of the children.
- The text of the agreement. Keep in mind that you do not need to write the agreement yourself, because the notary's office provides visitors with a blank form and an example of a ready-made agreement, on the basis of which they can draw up their own document. However, in order not to overpay for notary services, you can prepare an agreement at home, based on a sample from the Internet.
- Tax return, salary certificate, agreement on the provision of royalties for authorship or other document on the payer's income.
After the agreement is made, the notary will read it aloud to the parties to the agreement. If the wife and husband have no questions about the content of the agreement, the notary certifies it and accepts payment for services equal to 250 rubles.
How to collect child support through the court
If a married couple has young children, then when considering an application for divorce, alimony can be automatically collected by the judicial authority, regardless of whether the potential recipient of the maintenance allowance asked for it or not. Of course, if the plaintiff directly writes in the statement about maintenance requirements and offers the judge for consideration his own version of resolving the disputed issue, this will help the court to correctly understand the applicant's claims. As a result, such actions can lead to an acceleration of the proceedings.
Jurisdiction of alimony cases
Depending on the circumstances relevant to the court, alimony cases are dealt with in a different order of legal proceedings. Information about this is systematized in a table.
The difference between writ proceedings and claims is as follows:
- In a case dealt with according to the rules of writ proceedings, the parties do not need to attend a court session.
- In terms of time, it passes faster than the claim. The law allocates 5 days for issuing an order, and 1 month for claim proceedings in alimony cases.
Two types of judicial bodies are authorized to resolve cases of awarding maintenance payments.
Jurisdiction
With regard to jurisdiction in alimony cases, Russian procedural legislation establishes that the plaintiff may deviate from the rules requiring that cases be heard at the location of the defendant. In other words, the plaintiff has the right to refer the case for claiming maintenance allowance to the judicial authority of the locality where he lives.
When can I file for child support after a divorce?
The statute of limitations for alimony cases depends on whether an agreement between the spouses on the payment of alimony was concluded before applying to the judicial authority or not.
| Having a maintenance agreement before filing a claim | Deadline for applying |
|---|---|
| Yes | Indefinitely. It does not matter to the court whether the recipient has the right to alimony at the time of the application or not. It is important that the recipient had this right in the past. If the case is won, the recipient acquires the opportunity to demand maintenance money from the payer from the moment the application is submitted to the judicial authority. |
| Not | Alimony maintenance can be collected for the past three years, counted from the moment the claim was submitted to the court. At the same time, the judge checks the evidence confirming the following 2 facts:
|
How to file a claim
To correctly write a statement of claim, you need to know the structure of this document. It consists of 3 sections:
- Top section. Here the applicant writes:
- Details of the judicial authority, such as name, zip code and address.
- Data about the defendant and the plaintiff, such as addresses, phone numbers, other contact details, as well as last name, middle name and first name.
- Descriptive and motivational section. It states here:
- Information from the certificate of termination of family relations, if the parties to the process were registered as spouses.
- In the case of living in a civil marriage, evidence of cohabitation and data from certificates issued for children after their birth, where the respondent is listed as a parent, are provided.
- Details from documents for children, their full name, as well as the date, year and month of birth.
- Information about the maintenance agreement, if it was concluded.
- An indication of the absence of any financial support for children by the defendant.
- If the defendant has a child from another spouse, then it is necessary to write about whether he supports this child or not.
- If the ex-spouse intends to claim a maintenance allowance for herself, then information confirming her own need, disability or pregnancy should be provided. A list of evidence for each case can be found in the chapter "Alimony for the maintenance of the former spouse."
- Evidence of the defendant's ability to pay, for example, information from a tax return or a certificate of salary.
- resolution section. Here it is written:
- A list of requirements, for example, the amount of maintenance allowance that the plaintiff is interested in.
- List of papers attached to the claim.
- Signature of the applicant with the date of compilation.
How to file for alimony after a divorce: sample claim
In order not to resort to the expensive help of lawyers, you must be able to independently write a statement of claims and prepare additional papers for the trial. An example of a statement that will help the applicant in drawing up a claim document can be found at this link.
What documents need to be attached
The list of additional papers attached to the application consists of:
- Copies of all pages of the applicant's passport.
- A document on the termination of the marriage union or evidence certifying the fact of living together in the event of a civil marriage.
- Marriage registration document. It is submitted to the court if, by the time the application is written, the couple has not yet parted.
- Certificates from the applicant about the composition of his family.
- Documents for children, for example, birth certificates.
- Papers confirming the transfer of the court services fee.
- A document on the amount of salary or other earnings of the defendant.
- Evidence of disability, pregnancy or need of the claimant. Documents confirming the existence of relevant grounds for receiving maintenance allowance are indicated in the table in the chapter "Alimony for the maintenance of the former spouse".
State duty
In any case, the plaintiff is exempted from paying fees to the state treasury when filing a claim for alimony allowance. If the plaintiff wins, the burden of paying the court costs is transferred to the defendant. He must pay:
- 150 rubles, if the dispute concerned maintenance payments only for the maintenance of children or only for the maintenance of the other spouse.
- 300 rubles, if the plaintiff simultaneously demanded alimony both for himself and for common children.
The fee can be transferred to the state treasury accounts in the following ways:
- Through a teller in a banking organization.
- Through ATMs.
- Online through the Internet Bank using an account or card linked to it.
- Through the portal of the State Service.
- Through services that work with electronic money, for example, WebMoney or Qiwi.
Consideration of the case
The law gives the judge one month to resolve maintenance claims. Proceedings can take place either in the order of writ proceedings, or in claim proceedings. The stages of the case, depending on the type of legal proceedings, are indicated in the table.
| type of legal proceedings | Proceedings |
|---|---|
| Written |
|
| claim |
|
Judicial practice shows that in the vast majority of cases, alimony cases are resolved in favor of the applicant. The reason is that the obligation to provide financial support to children and, in some cases, former spouses is clearly spelled out in Russian family law.
What to do next
If the defendant is not going to comply with the judgment voluntarily, it is necessary to transfer the writ of execution or the order of the justice of the peace to the bailiff service. The division of bailiffs, to which the executive documents are transferred, must be located at the location of the defendant.
Currently, it is possible to transfer executive documents online. To do this, do the following:
- Log in to the State Services Portal or register on it.
- Enter the phrase "Office of the Federal Bailiff Service" into the search box.
- Find the relevant link in the search results and click on it.
- Fill out the form on the page where you need to write your last name, patronymic and first name, as well as the last name, patronymic and first name of the payer. Next, indicate the name of the unit authorized by law to execute court documents. It must be located at the location of the payer. Then attach a photo or scan of the judge's order or writ of execution.
- Next, you need to write contact information by which you can track the status of the application.
The case was considered by the Nizhnegorsky District Court of the Republic of Crimea in September 2015.
The plaintiff sent an application to the judicial authority, where she indicated that she required the defendant to provide maintenance for a common child in the amount of 25% of his earnings, as well as pay her a monetary allowance until the child reaches the age of three in the amount of 4450 rubles.
The wife in the statement of claim wrote that she did not terminate the marital relationship with the defendant. However, at present they do not live together, and the needs of the child are provided at her expense. The defendant has an irregular income and did not allocate funds either for the child or for the maintenance of his wife. The spouses did not sign the maintenance agreement.
At the meeting of the court, the plaintiff clarified her claims, explaining that she agreed to receive alimony allowance in a fixed amount of money.
Having studied the case materials, the judge decided that the claim could be partially satisfied. The court explained its decision as follows:
- Since the husband has a fluctuating monthly income, the child support payment must be awarded in a fixed amount. This amount is 4,636 rubles, which is 50% of the children's subsistence minimum in Crimea.
- According to the requirements of the legislation, alimony must be indexed in accordance with the level of inflation in the Russian Federation.
- Due to the fact that the declared amount of maintenance for the wife is 4,450 rubles, it is less than 50% of the subsistence minimum for an adult in Crimea. Therefore, the court considers it fair and lawful to recognize the plaintiff's claims for her own maintenance in the amount of 4,450 rubles.
The legislative framework
| Name of the legal act | List of articles |
|---|---|
| Family Code of Russia | Chapter 16 establishes the rules governing the conclusion, termination or amendment of a maintenance agreement. fixes a share of the official salary or other income of the alimony, which he transfers to the maintenance of small children, depending on their number. defines the rules on in which cases it is possible to accrue maintenance contributions in the form of a fixed amount of money. establishes a list of grounds upon the occurrence of which one of the former members of a married couple is obliged to financially support the other former spouse. determines the amount of the maintenance allowance payable by the alimony as financial support to the former spouse. fixes the legal deadlines for the forced recovery of maintenance allowance from the payer. | determines the list of official papers that can be provided to the judge along with the claim. determines the period of time required for the consideration of the alimony case.
| Tax Code of Russia (Part 2) | fixes the amount of the fee transferred by the applicant before the transfer of the claim to the employees of the court. establishes the amount of money to be paid to the notary for his services. |
How to file for child support after a divorce? Many people know that the issue of financial support for children can be resolved both during the period when the parents are married, and after its dissolution. The procedure for collecting alimony after a divorce is identical to the procedure for claiming them during the marriage of the parents. A unified procedure for filing a claim has been established, the documents required for submission to the court are the same.
Where to apply for alimony after a divorce?
In legal practice, there are three ways to decide where to go to file for alimony after a divorce. Regardless of whether they are appointed during the marriage of the child's parents, or after a divorce: So here it is:
- Registration in the notary chamber by the parents of a voluntary agreement on payments;
- Submission of an application to the judicial authority for the purpose of issuing an order;
- Filing a lawsuit.
All of these methods have fundamental differences from each other. Let's sort them out.
Notary
A notarial agreement is drawn up when the ex-husband and wife can mutually resolve the issue of material support for their son or daughter. They independently and at the good will of each determine the amount of assistance provided by the father, the method of transferring funds and the regularity of payments. The law, with this method of collecting alimony after a divorce, provides the parties with complete freedom. The only caveat is that the amount of financial assistance negotiated by the mother and father for the baby should not be less than that which would be assigned if the issue was resolved in the courtroom. For this purpose, the notary must control the amount of alimony established by the former spouses by analyzing the certificate of his salary submitted by the father.
Judiciary
When the former spouse refuses to resolve the issue voluntarily, the mother of the child has no choice but to go to court for help. In the judicial body, the recovery of alimony can be carried out:
- by issuing an order;
- by making a decision.
In order for the court to issue an order, the baby's mother sends a simple application. Such a procedure is considered to be simplified in comparison with the action proceedings: the terms are reduced, it is possible to make a decision in absentia on the case, without the presence of the participants.
But, such a procedure is far from always possible, but only under the following circumstances:
- when the requirement in the application is not related to the solution of any incidental problems, for example, the issue of establishing paternity or determining the place of future residence of the baby;
- when payments are collected precisely as a percentage of the father's earnings, and not in the form of a certain amount of money;
- when the father does not send his objections to the court.
If no objections have been received from the payer, then the order is issued after 5 days from the date of sending the application. In all other cases, it is inevitable to file a statement of claim with a judicial authority. The term for consideration of the claim is much longer - 30 days.
Magistrate's Court
The issue of establishing maintenance obligations in most cases is decided in the magistrate's court. Part 3 of Article 29 of the Code of Civil Procedure allows you to apply for alimony, both in the judicial district of the future payer, and at the place of residence of the plaintiff. Basically, the justice of the peace deals with alimony cases that are not complicated by any life situations. The Magistrate's Court has no power to make an order or decision if:
- payments are collected for the maintenance of adult children, for ex-wives or husbands, for parents;
- it is required to assign payments not as a percentage, but in the form of a specific monthly amount of money;
- the payer is already paying alimony for other children and the participation of other interested parties is mandatory in court;
- there is some dispute between the former spouses.
If at least one of the listed circumstances takes place, then you should send your claims immediately to the district court in the form of a claim.
Thus, we summarize all of the above and announce three places where to apply for alimony after a divorce:
Terms of circulation
The time it takes to file for alimony after a divorce depends on who it is for. contains a specific list of persons who can count on payments after the dissolution of a marriage. These include:
- ex-wife pregnant with a common child;
- an ex-wife who is engaged in raising a joint baby until he reaches the age of three;
- ex-husband or wife caring for a common disabled child until he comes of age, and if we are talking about a child with a childhood disability, then indefinitely;
- disabled, former spouses, provided that they lost their ability to work no later than a year after the divorce or during marital relations;
- former spouses-pensioners in cases where the right to a pension came to them no later than five years after the divorce.
It is important to note that in the latter case, the marriage must be long. If the spouses lived in a legal marriage for a couple of months at most, then the court has the right to refuse to assign alimony in connection with the retirement of the ex-husband or wife.
If the child was born after the divorce of his parents within 300 days or less, then the ex-husband of the mother is automatically entered by the registry office employee in the birth document, based on the marriage certificate.
Given all of the above, the application deadlines for each recipient will be different:
- for representatives to children - until the second turns 18;
- for ex-wives during pregnancy and caring for a born common baby - until he is 3 years old;
- for retired spouses - no later than 5 years after the divorce;
- for former spouses who have lost their ability to work - no later than one year after the divorce;
- for former spouses caring for a joint disabled child - until the child reaches the age of 18;
- for former spouses caring for a child with a childhood disability - indefinitely, during the life of this child.
With the omission of the deadline prescribed in the law, the applicant loses his right to alimony.
Preparing documents for a claim
Filing a lawsuit always involves the submission of important title papers to the court. What documents are needed to collect alimony after a divorce? The list is the same, regardless of whether a claim or a simple statement is sent:
- passports of participants in the process;
- documents on the birth of children;
- divorce certificate;
- certificate from the passport office on the cohabitation of the applicant with the child (if payments are collected for children);
- certificate of the applicant's earnings;
- Respondent's income statement.
Prices
Now about the price of the issue. How much will it cost each party after a divorce to file a claim for alimony with documents? The cost depends on where the issue will be resolved. Let's start with the court. exempts applicants from payment of state duty in cases of alimony. At the same time, Article 333.19 of the same Code stipulates that the fee for alimony cases is 150 rubles per person. If, for example, the court ordered alimony for the baby and his mother, then the fee will be equal to 300 rubles. How is all this to be understood? It turns out that the plaintiff does not pay the fee when sending the application, but after the decision is made, the defendant will have to pay it. This obligation is indicated by the judge in the decision itself in a separate paragraph.
And how much does it cost to draw up an agreement in a notary's chamber? Notaries of different regions set their own price for such a service. In Moscow, for example, an average of 8,000 - 8,250 rubles will have to be paid for drawing up a maintenance agreement, in Chelyabinsk the same amount - 8,000 rubles, and in the Vologda region - only 3,575 rubles. Such an impressive difference. Before declaring your intention to draw up an agreement, you need to study the price list for notary services.
Instructions for compiling a statement of claim (including samples)
Samples of such claims can often be found on the official websites of judicial districts. It is important to note in the claim:
- where it is submitted - the full name of the court site;
- from whom - full name applicant or plaintiff, information about registration, telephone number;
- to whom - similar information about the defendant;
- information about third parties (if any are involved in the process);
- all the circumstances of the case: when they got divorced, how old are the children, where do they live, what is the defendant's earnings, it is important to refer to the submitted documents;
- requirement - to assign alimony to such and such a child in such and such an amount;
- list of attached papers;
- handwritten signature;
- the date.
A sample statement of claim for alimony after a divorce is possible.
A simple application submitted in the order of writ proceedings is drawn up in a similar way, only the “Statement” is written in the center. A sample application is available.
What can you count on?
Payments to children are more often assigned as a share of the father's earnings. One baby is entitled to ¼ share, for two - 1/3, for three - half of the parent's earnings. Less often, alimony is established for children in the form of a monthly certain amount of money. This happens when it is difficult to assign a percentage of the payment.
As for the former spouses, payments are always assigned to them in the form of a fixed amount of money. The amount is determined depending on the needs of the recipient and on the financial and marital status of the payer.
Arbitrage practice
An analysis of the materials of the courts in such cases shows that in most cases child support is collected either at the time of the official dissolution of the parents' marriage or after the divorce. A smaller percentage is for claims for the recovery of payments filed during the stay of the parents of the baby in a marital relationship. If the statement of claim is properly executed, jurisdiction is not violated, a full package of papers is submitted and the applicant is entitled to payments, then a positive decision is always made in the case.
The situation is more complicated with the recovery of payments for the maintenance of other family members. The court refuses alimony to former disabled spouses if they were deprived of their ability to work a year after the official break in relations. The courts also refuse to recover alimony for former spouses - pensioners, if their retirement came 5 years after the divorce. Alimony will also be denied if the marriage was short-lived, less than 5 years, for example, or the ex-wife's incapacity for work arose as a result of her alcohol or drug addiction.
Let's summarize. How to file for alimony after a divorce? The law provides for a unified procedure for collecting alimony, regardless of whether documents are submitted during marriage or after a divorce. A common package of papers has been established, which must be submitted to the judge to resolve the issue. The terms during which alimony can be assigned depend on the method of their collection:
- by drawing up an agreement with a notary - on the day of treatment;
- by sending an application to the court for issuing an order - 5 days;
- by filing a claim to obtain a decision - a month.
In most cases, child support claims are granted by the courts. Cases of refusals were registered in cases of recovery of payments on other former family members. This is due to a greater extent with the violation by the plaintiffs of the deadlines when applying for alimony. So, a retired ex-wife has the right to apply for financial assistance to her ex-husband no later than 5 years from the date of divorce. An ex-husband who has lost his ability to work can count on alimony from his ex-wife, provided that one year has not passed since the divorce.
Lawyer of the Board of Legal Protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.