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Application for the recovery of alimony for minor children. Statement of claim for the recovery of alimony in court: the procedure for the payment and recovery of alimony

The family legislation of the Russian Federation establishes the norm on the care and protection of all underage children. Of course, living in a complete happy family, a child is rarely financially offended. However, in the event of divorce, the question of alimony often arises, although the law provides for an amicable agreement on the maintenance of children. When a compromise is not found on its own, one of the parents has to seek legal assistance. Consider a sample application, the filing of which makes it possible to collect alimony on a compulsory basis.

Alimony Dispute Resolution Options

As a rule, the process of family breakdown in material terms negatively affects women. Therefore, most often it is they who apply to the appropriate authorities to file for alimony. According to family law, there are several options for resolving this issue:

  1. Conclude an amicable agreement (Chapter 16 of the RF IC). At the same time, there is no need for judicial protection of one of the parents. The parties independently draw up such an agreement. The main thing is to notarize it.
  2. Collect alimony by order. This method is considered simplified due to the efficiency of its implementation.
  3. Through trial. In this case, you cannot do without filing an application in a lawsuit.

Let us dwell in more detail on the last two options, as well as on the statements required for their implementation.

Order order

This method of resolving alimony disputes is justified if the other party agrees with the requirements and does not interfere with them. In this case, the civil procedural legislation (Articles 121-130) provides the possibility of obtaining a court order, bypassing the proceedings in court. The amount of alimony is determined by Article 81 of the RF IC. To implement the simplified procedure, apply for a magistrate site where you live or where the respondent is registered. The form and content of such a document is determined by Art. 124 Code of Civil Procedure. Please include the following information in your application:

  • In the header, put the name of the magistrate, the personal data of the applicant and the debtor, as well as the address and place of work.
  • Below the title of the document, describe the requirements of the claimant, as well as state the grounds and evidence.
  • Finally, indicate the list of attached documents. Date and sign.

Use the following template to complete your application for a court order.

Associated petitions

Very often, simultaneously with the above application, the following petitions are submitted to the magistrate for consideration:

  1. A petition of a needy parent to search for a debtor when the latter's whereabouts are unknown.
  2. An application to request documents from the employer and the Pension Fund authorities confirming the income of a parent who refuses to pay maintenance support.
  3. A document on the recovery from the defendant of money spent by the plaintiff to pay for legal services.

Procedure for action

If the registration of alimony is accompanied by other requirements (establishment / contestation of paternity, the appointment of a fixed amount of alimony, etc.), you cannot do without legal proceedings. In addition, the preparation of an application for alimony is also required if the defendant submitted a written objection to the court order within 10 days. When drawing up a claim, be guided by Article 131 of the Code of Civil Procedure and indicate the following information:

  • The name of the court with the name of the judge.
  • Personal data of the plaintiff and the defendant (name and address).
  • Displaying a disputable situation, setting out the requirements of an interested party, based on the relevant articles of the Family and Civil Procedure Codes.
  • Evidence and facts that are the basis for alimony.
  • The price of the claim.
  • List of attached documents and plaintiff's handwritten signature.

Make a claim according to the model below. The plaintiff has the right, simultaneously with the statement of claim, to apply for the recovery of the alimony debt for the three previous years.

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It should be added that the legislation sets aside a month for the decision on the statement of claim to take effect. During this period, either party has the right to appeal it to the appellate instance.

A debt for alimony is formed when the payer for some time does not make monthly payments for the maintenance of a non-child, assigned to him by the court or by an amicable agreement with the second parent. Also, the debt amount is charged with penalties or other penalties provided for by the agreement concluded between the spouses.

If the debt has accumulated very impressive, and the payer is in no hurry to pay it off, then the recoverer should take serious measures - write a statement of claim to collect the alimony debt and file it with the court. It must be remembered that there is , including criminal.

The work of withholding the alimony payer and the accumulated alimony debt is entirely within the competence of the bailiffs of the executors. Provided that the court has already made a decision on the recovery of alimony payments from this citizen - a writ of execution or a court order, or there is a voluntary alimony agreement concluded between the spouses on execution. You can find out how to get the bailiffs to collect the debt.

But not always, with the help of the bailiff service, it is possible to recover the child support due to the child from the negligent payer. Then going to court will be a more effective measure.

The same applies to the deadline for filing a claim. If the alimony debt was formed solely through the fault of the payer, then the plaintiff will be able to apply to the court for its collection at any time, without observing the rule of a three-year limitation period. To do this, you need to have in front of you a sample of a claim for the recovery of child support.

Where to file a claim

Claims for the collection of alimony arrears are submitted to the magistrate. The plaintiff has the right to determine the territoriality on his own: it can be submitted to a court site related to the area of ​​residence of the plaintiff or at the place of residence of the defendant. The plaintiff has the right to appeal to the magistrate who made the initial decision on the recovery of alimony. This will be the most convenient, as the previously rendered judgment will play an important role.

A claim-statement for arrears for the payment of alimony is filed with the courts when the amount of debt, which is determined by the bailiff-executor, clearly violates the interests of any party to the enforcement proceedings.

Who is filing a claim

Both the recipient of the alimony and the debtor himself have the right to file an application for the recovery of the alimony debt to the judge.

Claims filed by claimants are much more common. It is they who most often become the initiators of the collection of funds unpaid by the debtor for the child. And if the bailiff is unable to help collect the debt, then going to court is the only possible measure.

Debtors go to court with such claims much less often. The reason for such an appeal is often disagreement with the amount of the debt calculation made by the bailiff. The debtor goes to court to prove that the debt was not formed through his direct fault, the penalty was calculated unfairly, the amount of the debt is overstated, etc.

The debtor has the right to go to court with a claim if his debt was formed during a period when he was seriously and for a long time ill, or could not work for any valid reasons, based on his family or financial situation.

If the judge considers the arguments given by the debtor to be sound, and the reasons why the alimony payments were not made are valid, then he can even make a decision to release him from the payment of the debt.

What documents are needed

Any legal claim must be documented, only then you can be sure that a competently completed form of a statement of claim for the recovery of alimony will be accepted by the court for consideration. Requirements for a package of documents to the court are provided for by Article 132 of the Civil Procedure Code of the Russian Federation.

The statement-claim itself is drawn up in 3 copies: to the court, the plaintiff and the defendant. It is required to attach to it:

  • the identity of the plaintiff,
  • court order, writ of execution on the basis of which alimony is collected,
  • birth certificates of children,
  • a document confirming the conclusion (or dissolution) of marriage,
  • certificate from the place of residence of the plaintiff about the family composition,
  • a certificate from the defendant's place of residence about his family composition,
  • calculation of alimony arrears made and certified by a bailiff,
  • orders of the bailiff not executed by the defendant,
  • a certificate from the defendant's place of work or from another institution indicating the amount of income he receives (if possible),
  • a receipt for payment of the state fee,
  • other documents confirming (or refuting) the presence and amount of debt.

All documents must be presented to the court in their original form with copies attached to them. References, calculation of debt and decisions of the BSC - only in the form of originals.

How to make a claim correctly

The rules for drawing up a statement of claim are enshrined in Article 131 of the Civil Procedure Code of the Russian Federation.
Any statement of claim must contain the following information:

  • name and address of the judicial authority where the claim is filed,
  • full details of the plaintiff (surname, name, patronymic, date of birth, residence address and contact phone number),
  • complete data of the defendant (last name, first name, patronymic, date of birth, residential address and contact phone number, place of work (if established)),
  • the cost of the claim (it is equal to the amount of the debt to be recovered),
  • reference to the court document on the basis of which the alimony is collected (court order, writ of execution, voluntary agreement),
  • the period in which maintenance payments were not made,
  • reasons why maintenance payments were not made (indicate that they were not recognized as valid),
  • the amount of the debt calculated by the bailiff (indicating the name and initials of the bailiff and the date of calculation),
  • expression of consent (disagreement) with the amount of the calculation of the debt made by the bailiff,
  • in case of disagreement with the bailiff's calculation - a monthly calculation made with his own hand, indicating the penalty (or other penalties).

The operative part of the application specifies the requirement to collect the alimony debt in a certain amount, lists the documents attached to the claim, puts the date and signature of the plaintiff.

These are the rules for drawing up a statement of claim for the payment of alimony, a sample can be viewed below.

When proceeding on the basis of a claim for debt collection, alimony will be assigned in a fixed amount. With a claim for this, it is worth contacting the magistrate where the defendant lives. When submitting an application, you will need to pay a state fee. The cost of the claim is determined from the amount by which the amount of alimony increases / decreases.

Decision on the claim

After the judgment is rendered, it must come into legal force. Only then, after making sure that the defendant has not contested this decision, it must be presented to the bailiff to the executor.

On the basis of this decision and a previously issued executive document, the bailiff takes measures to collect the debt. If the debtor refuses to voluntarily pay off the debt, then collection can be levied on his property (movable and immovable), existing cash accounts, etc.

If you still have questions about how to properly write a claim to collect alimony debt, then ask them in the comments

In the family legislation of the Russian Federation, article 80 says that the burden of material maintenance of their children, who have not turned eighteen years old, is borne by both parents. If one of them refuses to pay money to provide for the children, then it is necessary to write an application for alimony and apply to the judicial authorities with it. How to do this is described in this article.

Persons who have the right to demand alimony for the maintenance of children

The legal right to apply for child support is vested in the father, mother and guardians who are guided by the interests of the child. If one of the parents demands alimony from the other parent, then he must certainly live with the child, in addition, he must be dependent on this parent, while financial assistance from the second parent is small or absent at all.

In the case when the child is in the care of guardians, then the guardian has the right to file a statement of claim for claiming alimony. But only in the case of an officially formalized position with the presence of certifying documents from the guardianship and guardianship authorities.

Documents for filing a claim

In order to file a statement of claim for alimony, you need a minimum of paperwork. The first and main document of them is the child's birth certificate. It proves the parent's right to apply for child support. In addition, the child's birth certificate confirms the obligation of the second parent to pay child support.

When the child's dad is not indicated in the birth certificate or is indicated on the basis of the mother's words, then before writing an application for alimony, first of all, it will be necessary to establish paternity.

If the demand for the payment of alimony is presented by the guardians, then, in addition to the child's birth certificate, they will need a document certifying the guardianship.

A statement of family composition issued at the place of residence of the child must be attached to the statement of claim. This document is a confirmation of the joint residence of the plaintiff and the child. It is advisable to attach a certificate on the amount of the defendant's salary for the last year to the application for the recovery of alimony; you can get it at his place of work. This will enable the court to determine the amount of the state duty that the defendant is obliged to pay, and to indicate the place of service in the writ of execution.

When preparing the documents, use the sample application for alimony. Make a second copy of the document to present to the respondent.

How is the amount of alimony determined and what does it depend on? There are different ways to determine the amount of maintenance payments. It can be a percentage of the parent's income, or it can be a certain fixed amount of money.

When the defendant has a permanent income, then the amount of alimony is determined as follows: if there is one child, then one fourth of the income, if there are two children, then one third of the income, if there are three or more children, then half of the parent's income will be collected for alimony ... The specified amounts of payments are provided by law.

On an individual basis, the amount of alimony can change up or down - depending on the circumstances of the case. If the parent does not have a permanent salary, then the amount of alimony is set in firm monetary terms.

Registration of an application for the payment of alimony

The application for alimony can be submitted in a simple written form or performed using a computer. Your data, data of the defendant, data about children must be indicated in full. The address of actual residence, telephone numbers are indicated.

The application is required to indicate the amount of the required alimony. At the end, you must indicate the date of registration of the document and put a personal signature.

The picture below shows a sample application for alimony.

Where to apply with the application

An application for the recovery of alimony is subject to only the justices of the peace, and when it is filed, the place of residence of the parties to the trial, the amount of the required alimony, does not matter. This is definitely the Civil Procedure Code of the Russian Federation.

Filing a statement of claim to a magistrate at the place of residence of the plaintiff is more convenient. Because there is an opportunity to come to court without unnecessary expenditures of finance and time, to solve some issues personally.

Innovations

It should be noted that in accordance with Federal Law No. 45 of 03/02/2016, starting from June 1, 2016, applications for the recovery of alimony for children under the age of eighteen, which do not require third parties to participate in the trial, are not related to establishment or contestation of paternity and maternity are filed only as applications for the issuance of a court order for the recovery of alimony from the defendant.

Statements presented as statements of claim for the recovery of alimony are not subject to consideration and will be returned to the plaintiffs.

Every child has the right to be cared for by his parents, who, in turn, are endowed with the obligation to provide this care for their children - including from a material point of view (according to clause 1 of article 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children). That is, the father and mother of a common child, born in or out of wedlock, being spouses or divorced, living together or living separately - in any of these cases, are responsible for the joint maintenance of the child until he reaches the age of majority, including by paying alimony!

However, in order for the court to accept the document for consideration, strict adherence is necessary. In particular, the content of the claim and the requirements set forth therein must be justified and supported by the necessary evidence. In addition, when choosing the method for calculating alimony from the defendant (share or fixed sum), it will also need to be independently justified by the court, taking into account:

  • features of the payer's income and the cost of living per child in the region of residence;
  • the child's standard of living (features of health, upbringing, education).

How to apply for child support in court?

Unfortunately, not always parents, having common minor children, can peacefully resolve the issue of their maintenance by paying alimony (being married, divorced, or for an illegitimate child - that is, one born without marriage). Then the second parent, on whose dependent the child is, will need to submit an application to the magistrate's court to exercise his right to receive alimony. At the same time, forcibly collect child support through the court can be done in two ways:

According to Art. 23 of the Code of Civil Procedure of the Russian Federation, the issues of alimony appointments are dealt with world courts... It is important to note that the state duty (the state duty, the amount of which in 2018 in the general case is RUB 150, and if a decision is made to collect alimony simultaneously for the maintenance of both the children and the applicant - RUB 300) for this category of cases liable to the defendant(Clause 2 of Part 1 of Article 333.36 of the Tax Code of the Russian Federation).

Sample application for child support

A sample statement of claim for the recovery of child support in 2018 is given below:

The number of copies of the statement of claim itself and the documents to it must correspond to the number of persons participating in the case (usually 3 copies). However, in order for the alimony application to be accepted by the court for consideration, the plaintiff must comply with the basic requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation regarding its procedural form and content:

  1. Draw up a claim cap:
    • The name of the world court with an indication of the address of its location;
    • The plaintiff's initials in the nominative case with the address of residence and a valid contact phone number;
    • The initials of the defendant in the nominative case with the address of residence and a valid contact phone number;
    • Initials of the 3rd person in the nominative case with contact and address data (if such will be involved in the case).
  2. Write the content of the statement of claim:
    • describe the family ties of alimony legal relations (for example, the plaintiff is the mother, the defendant is the father, in favor of a common son, daughter or several children);
    • display the approximate monthly cost of money per child (tuition fees, grocery basket, clothing costs, medical treatment, etc.);
    • point out the facts of the parent's evasion from participation in the maintenance of the common child.
  3. Submit your claim:
    • the appointment of alimony in favor of the child from the defendant;
    • determination of the order of collection of funds (share of income, fixed sum of money);
    • justification of the selected order and amount (if a fixed payment is chosen).
  4. Attach supporting documents to the application:
    • plaintiff and defendant passports;
    • birth certificate of a child (even when reaching the age of 14);
    • certificates from the place of work of the plaintiff and the defendant;
    • characteristics from the place of work of the plaintiff and the defendant;
    • a certificate of the composition of the family (from the housing department);
    • certificate from the child's place of study;
    • certificates of attendance at clubs and sections;
    • copies of sales receipts or a printout of bank card expenses showing the plaintiff's expenses for a minor;
    • written testimony of witnesses (teachers, neighbors, relatives) who are not able to testify orally at the hearing.

If the plaintiff does not have the opportunity to submit to the court individual documents that are significant for making a decision on the case for the recovery of alimony, in accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, he may, in writing or orally, petition the court for their reclamation.

When can I go to court to file child support?

The main conditions enforced recovery of alimony through the court are:

  • the presence of documented parental status in relation to the child (prescribed in his birth certificate, or in a court decision on adoption or establishment of paternity);
  • the absence of a voluntary agreement on the appointment of alimony concluded between the parents (see);
  • facts of evasion of the father or mother from participation in the maintenance of the son, daughter.

Moreover, it can be submitted regardless:

  1. Marriage status:
  2. The fact of joint or separate residence(even if the deviant parent lives with his family, being divorced from his wife or without divorce, if it is possible to confirm the fact of his absence of material participation in the maintenance of the child).
  3. Payer's social status:
    • evading the payment of alimony.
  4. Child's age:
    • - in cases stipulated by law (if the child is disabled since childhood or the disability was acquired by him after reaching the age of majority).

Conclusion

Family legislation assigns the main role in the issue of protecting the rights and legitimate interests parents of the child, obliged to equally participate in the development, education and maintenance of their offspring. And if one of the parents is ready to cope with the issues of upbringing and development alone, then not everyone can do the material side. To protect the interests of a parent raising a child alone, to which you can apply for the recovery of child support from the second parent.

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Alimony is money that is paid to support children, parents, ex-spouses or other relatives who need financial assistance. As a rule, money is more likely to be collected if the marriage has been registered. Payment is made either voluntarily, that is, by agreement of the parties, or on the basis of a court decision following a claim. If you have a need to write an application for alimony, read this article, find out in which cases you have the right to demand financial assistance and what documents should be prepared, and also study the attached samples of claims for the recovery of alimony.

If, after parting with your legal spouse, you yourself are raising a minor child who is with you in full support, it is quite legitimate to apply for child support (children). Submit the application to the magistrate at your place of residence or the place of residence of the defendant. In addition to the statement itself, also prepare:
  • birth certificate of a child (children) to confirm paternity;
  • a statement of family composition, which will illustrate the child's living with you at your expense;
  • certificate of marriage and / or divorce (if any).
Parents are obliged to provide financial support to their adult children, provided that the latter are recognized as incapable of work. The application should be submitted to the magistrate at the place of residence of the defendant. Alimony is collected in a fixed amount, the amount of which is a multiple of the established subsistence minimum. Also, be sure to attach the following documents:
  • birth certificate of a child;
  • ITU certificate confirming the child's disability;
  • certificate of income of the child;
  • documents establishing the amount of material assistance to a person in need;
  • other documents to support the filed claim for the recovery of alimony.


It is possible to file a claim for the recovery of alimony for the maintenance of the ex-spouse only after the official registration of the divorce at the place of residence of the defendant. The ex-spouse has the right to write such a statement during pregnancy or supporting a child under 3 years old, spouses who are caring for a disabled child or themselves have received a disability within a year after a divorce, retired spouses, women who have reached 55 years of age, or 60 summer men. Add to the statement:
  • birth certificates of children (if any);
  • certificates of marriage / divorce;
  • documents confirming the need for the plaintiff, including a certificate of income;
  • documents with a conclusion on the amount of required cash collateral;
  • other documents that testify in favor of the claim.
Adult able-bodied children must also provide for their disabled parents (disabled people, men who have reached the age of 60, women over 55). Usually all children are involved, regardless of the parent's requirements. When filing an application for the recovery of alimony from parents, also submit copies of:
  • birth certificate of a child;
  • the work book of the plaintiff;
  • pension certificate;
  • income statement.
The legislation provides for applications for alimony for the maintenance of grandmothers / grandfathers, grandchildren, brothers / sisters or other relatives who need material assistance. To the magistrate's court at the place of residence of the defendant, together with the application, you should bring:
  • documents proving the relationship of the plaintiff and the defendant;
  • certificate of the amount of the plaintiff's income;
  • certification of the plaintiff's incapacity for work (if any);
  • a document with the calculation of the required amount of money;
  • other documents that demonstrate the basis of the statement of claim.

When filing a claim for the recovery of alimony on any basis, the main thing is to correctly fill out the application form and prepare in advance all the accompanying documents that will help you prove that the plaintiff really needs financial assistance, and the defendant has sufficient income to pay the security. But before filing a lawsuit, talk to your ex-spouse, maybe you can negotiate voluntary financial assistance.