Interesting Facts 

Alimony filing process. Sample application for a court order for the recovery of alimony. What documents need to be prepared for the court

Alimony payments can be made in the following ways:
  • Conclusion on mutual consent to the payment of alimony.
  • Arrangement of alimony with the help of the court.
  • Arrangement of alimony for adult children.
At the same time, you can apply for alimony both while being married and after a divorce. Depending on the situation, the package of documents will be slightly different.

consensual agreement

The easiest and fastest way is a mutual agreement on the payment of alimony. It is concluded at the notary in the presence of the following papers:
  • Child's birth certificate.
  • Passport of both parents.
  • Income statement for the last 3 months. Provided by the person who will pay child support.
  • Certificate of paternity. To do this, you must contact the registry office with a request to provide an extract from the register.

Judicially

The second option for issuing alimony is the most common. It does not matter whether the parents are married or divorced, lived in a civil marriage.

The main documents include:

  • Birth certificate and two copies.
  • Two originals of the statement of claim for the recovery of alimony.
  • Claimant's passport.
  • A certificate from the housing office confirming with whom the child lives and on whose behalf he is.
The main document for proceedings in court is a lawsuit. It must be correctly drafted, otherwise the case will be rejected. The statement of claim for alimony states:
  • Address and name of the court.
  • Full details of both parents:

    Surnames, names, patronymics;
    - home address;
    - passport data.

  • Children's data.
  • The essence of the requirements is stated.
  • Substantiation and evidence of claims.
  • Description of attached documents.
Here is a sample statement:


Additional papers:
  • Divorce Certificate. Attached if alimony is filed after a divorce. The original and two copies are provided.
  • An extract from the home book or a certificate from their Housing Office confirming the defendant's residence at the address indicated in the application. Provided if the plaintiff and the defendant live at the same address. Original and copy required.
  • You may also need a bank account number to which child support will be transferred in the future.

Documents for the payment of alimony to the mother

Chapter 14 of the "Family Code" of the Russian Federation states that before the child reaches the age of 3 or in case of pregnancy and disability, the wife can apply for alimony intended for her direct maintenance.

To do this, the following documents are submitted to the court:

Alimony for an adult child

According to the law, a child, upon reaching the age of majority, has the right to collect alimony from his parents in case of his incapacity for work.

Often the reasons for this are:

  • disability;
  • full-time university education.
To recover funds for maintenance, the following is submitted:

If the persons are married

You can also apply for alimony while being married, about how to do this -. For example, if the father does not give money for the maintenance of the child, but spends it on himself.

In this case, in the main package of documents, a marriage certificate is submitted, and not a divorce. In addition, it is necessary to provide evidence that the defendant does not support a family, draw up a list of witnesses.

If the marriage certificate is lost, then it can always be restored by following

Where to apply for alimony, what documents are required for this, how to make an application? How is the state duty calculated and in what terms are cases opened on such claims? What is the difference between the collection of funds for the maintenance of children and parents? Is it possible to receive money while being legally married? You will read about all these important points in this publication.

Alimony filing process

The following categories of citizens can apply for the payment of material maintenance:

  • children under 18;
  • incapacitated spouses or mother of a child who is on leave for up to 3 years for care or a pregnant woman caring for group I;
  • parents in retirement.

With regard to minors, both the father and the mother, or other legal representatives with whom the child has remained permanently residing, can act as applicants. The defendant in this category is the person who refused to take the dependent to raise.

Money for children can be demanded by one of the parents, regardless of the fact that they are in official marital relations or the termination of family relations - divorce. Also, a wife in marriage has the right to receive alimony if she is in a position or cares until the child reaches 3 years of age.

Application for alimony is allowed for children if the parents did not register the relationship with the registry office. Proving paternity takes place in a separate court proceeding, when the genetic father of a relationship or later applied to a state institution that makes records of relatives of newborns. If a man evades the obligation to support his minor children, he can be held accountable by proving a blood connection during a DNA analysis. The choice of a medical institution is made by the plaintiff, defendant or judge. To confirm the relationship, it is enough to establish the similarity of the genetic material by 90%, the mismatch of DNA should be 100%. Examination of saliva, blood, skin of the alleged father and child is not considered as the only way to recognize persons as relatives. The court considers all the evidence presented in aggregate, among them:

  • testimonies from friends and family of each parent;
  • joint photos;
  • confirmation of common housekeeping, cohabitation - checks, contracts, receipts for payment for renting an apartment, utility bills, etc.
  • The provision of funds by a man for, gifts are considered as indirect evidence of a possible relationship.

In case of deprivation of parental rights in connection with the antisocial behavior of the father or the lack of payments from him, they are not grounds for exemption from maintenance obligations.


Voluntary filing for child support

If there is an agreement between the mother and father, they can, bypassing the procedure of judicial proceedings, independently agree on the amount and periods of payments for children. To do this, they need to draw up a written agreement and certify it in a notary's office to give legal force. In the absence of transfers, the parent with whom the child remained has the right to transfer the execution:

  • to the accounting department of the enterprise where the debtor works;
  • to the bank where savings accounts and plastic cards of the payer are opened;
  • to the bailiff service (SSP RF).

The agreement contains the following information:

  1. Date of issue of the document.
  2. Full name of the parents, indicating the party - the recoverer or the debtor.
  3. Full names, years of birth, places of education of minor children on which funds are provided.
  4. Periods and amounts of payments, determination of content as a share of earnings.
  5. If available - the amount of compensation, for example, to pay for a subscription to a sports section, for treatment, additional courses, when raising a disabled child - justification of the costs of medical care, the purchase of special equipment for movement. Also, as a subject of exchange, the transfer of rights to real estate, transport, and other valuable objects recorded under a donation agreement for a minor upon reaching the age limit is considered.
  6. End time of the contract.
  7. Signatures of the mother, father or legal representatives - guardians and trustees.

Such an agreement must be certified by a notary. Violation of the terms of the contract or their change unilaterally is unacceptable. When changing payments, reducing or increasing them, new conditions are introduced into the text. Must be certified by a notary. Only after that, the parties fulfill their obligations on the basis of a new contract. Debts accumulated as a result of verbal negotiations between parents, with a reduction in alimony, can. The debtor can pay money in a smaller amount only from the moment the relevant amendments are made and they are certified in a notary's office.

When the case is already open in court, the parties have a chance to resolve the issue amicably. The law provides for a procedure for approving a settlement agreement. You can draw it up and submit it to the court at any time before the announcement of the operative part of the decision.


Alimony filing deadline

You can apply for the payment of maintenance funds if you have accumulated debt over the past 3 years. This is the statute of limitations established by law. The same rule is observed when transferring a writ of execution to bailiffs.

There is an exception for debts accumulated on payments to minor children. Terms can be extended for any period up to a child of 18 years old or 16 years old in case of early emancipation (marriage, employment). To do this, the plaintiff must prove to the court the facts of repeated appeals to the second parent with a request for funds. As evidence, the facts of receiving letters, telegrams, testimonies, electronic correspondence, requests from the bailiff, delivery of subpoenas for consideration of the alimony case, which were ignored by the defendant, etc., are considered.


Procedure for filing a lawsuit for child support

Depending on the issues related to the consideration of the conditions for granting payments for children or disabled relatives, the court that accepts the claim is determined:

  • when the amount of recoverable debt is up to 50 thousand rubles. and there is no dispute about the origin of the children - the case is considered by the magistrates' courts;
  • if the accumulated debt is more than 50 thousand rubles. - the claim is accepted by the district authority.

Submission for alimony in marriage and after its official termination is carried out at the address where the defendant is registered, in the general manner. It is also allowed to choose jurisdiction at the request of the plaintiff - the place of his or the other party. The rules are governed by the provisions of the Code of Civil Procedure of the Russian Federation.

The following package of documents for filing for alimony is sent to the office of the relevant court or by mail:

The claim in original copies according to the number of participants in the process: for the defendant, guardianship and guardianship authorities, other persons interested in the outcome of the case.

  • Applicant's passport with a copy.
  • Certificates of marriage, divorce upon termination of the family union, birth of children.
  • If the relationship has not been registered - a court decision or other paper on the establishment of paternity.
  • An extract from the house book on the residence of a minor in the living space.
  • State duty receipt.
  • Alimony calculation. The shares indicate the size established by law: 1/4 of earnings for one dependent, 1/3 for two, 1/2 for three or more. If payments are claimed in a fixed amount of money, a justification for the expenses for the child is attached: for clothes, sports equipment, education, etc.

Plaintiffs may be exempted from the state duty for filing alimony by virtue of Article 333.20 of the Tax Code of the Russian Federation. Judicial embezzlement compensates for the defendant at his own expense.

If there is no dispute, and the case is considered in summary proceedings in the magistrate's court, then the proceedings are carried out without summoning the parties. For cases of this category, a reduced period for making a decision is provided - 1 month. Based on the results, a court order is issued, sent in copies certified by the court to the plaintiff, the defendant, and to the body that fulfills legal requirements - the SSP of the Russian Federation. If the debtor does not agree with the claimed amount for collection or there are other grounds for canceling the court order, he has the right to file objections. They are issued within 10 days from the date of receipt of the court order in hand. This legal action entails the cancellation of the order due to the existence of a dispute. The case is transferred to the jurisdiction of the district instance for decision on the merits. The parties are called, the production lasts from 2 months to six months or more.

When the amount of funds actually received by the debtor is significantly underestimated, the court has the right to request certificates for filing for alimony. Upon receipt of the documents by the plaintiff, a request is sent to provide relevant information on behalf of the state institution of justice. Information is usually requested from the Tax Office, the Social Insurance Fund, the Pension Fund on deducted contributions from the income received.

The statement of claim with attached copies is considered within 5 days. During this time, the judge determines whether it is possible to open proceedings or there are shortcomings in the execution, or violations of the rules of procedural law. If there are shortcomings in the claim that can be corrected, this is indicated in the court ruling. To correct them, 10 days are provided from the date of execution of the decision or receipt of the document in hand. If the specified time is missed, the person concerned provides documents with a request for the restoration of the deadline and additional papers justifying the delay. Only valid grounds are accepted: treatment in a hospital, a business trip and other circumstances under which a citizen could not find out about the act issued.

The form for filing alimony can be viewed at the information board in court or downloaded online. The main requirement for the document is compliance with the norms 131-132 Code of Civil Procedure of the Russian Federation during its preparation. The text should include:

  • the name of the court that has jurisdiction over the case;
  • full names of participants in the process, children on whom funds are collected;
  • justification of the amount when paying a fixed amount of alimony;
  • references to normative acts establishing rights and obligations;
  • requirement to provide maintenance for children, mother or parents, etc.

Submission of an application for alimony is carried out on behalf of the claimant. If a lawsuit is signed by a lawyer or a lawyer, that is, a person authorized to conduct a case in court, then it must be attached to it. The paper must indicate that the authority of the legal representative is to sign all documents.


Divorce and filing for alimony in one proceeding

The law allows consideration of several combined requirements within the framework of a single case, for example:

  • on the recovery of alimony;
  • divorce;
  • recognition of paternity, its contestation;
  • deprivation of parental rights;
  • increase / decrease in the amount of funds for the maintenance of the child, etc.

The state duty for each circumstance will be calculated separately, but paid by one receipt. The amount is determined on the basis of Article 333.19 of the Tax Code of the Russian Federation.

Application for filing alimony: sample 2016 with a divorce

After filing an application for alimony, you should wait for a decision on accepting the case for production or refusing to. The judge issues an appropriate ruling within a period of not more than 5 days from the date of receipt of the claim by the court office, sent by mail or handed over personally. In case of non-compliance with the requirements of regulatory enactments, for example, in the form of a document or state duty, the application is returned to the plaintiff. You have 10 days to correct the deficiencies. If corrections are not made within the specified period, the case is closed. Re-filing for alimony is quite difficult, for this you need to change the basis of the claim, which only a professional lawyer can do.

Filing maternal support

Payers of funds for the maintenance of minor children or elderly parents can be not only fathers, but also mothers. Also, a disabled spouse, that is, deprived of earnings and livelihood, is entitled to file a claim for the provision of security. It is also possible to file alimony for parents who are recognized as incapacitated or disabled due to retirement upon reaching a certain age. Such cases in practice are quite rare, however, they occur.

In some situations, obliging a woman to transfer funds for dependents may be associated with deprivation of her. She has no right to refuse payments when such a decision is made. Money is paid on the basis of a notary agreement or a court decision.

In case of deliberate concealment of earnings, place of residence, property, ignoring subpoenas to the court, to the bailiff, and other actions indicating her unwillingness to comply with the prescriptions of legal acts, she can, along with men, be held criminally liable. Behavior in this case bears signs of a crime, there is the will of the payer to not transfer payments. Evasion of payments is in the nature of "malicious" behavior, since in the absence of funds, legal rights and are jeopardized. For example, to receive an education, decent food, stay in a residential building with good conditions, etc.


What you need to apply for alimony with a decrease in their size

In some cases, interested parties may apply for a reduction in payments.

The worsening of the financial condition of the payer or a significant change in the state of health must be proven in court. Medical reports, certificates, reduction orders, etc. are accepted as confirmation.

The reasons for the reduction in payments include:

  • transfer to a low-paid place;
  • moving to another area with a low standard of living;
  • dismissal;
  • deterioration in health and change in financial situation, etc.

An application for reduction is submitted at the place of consideration of the case on the appointment of alimony payments when filing a claim. Recalculation is carried out from the moment of issuing a ruling by the court upon application. A copy of the decision is sent to the bailiffs. Alimony from the moment of application is not recalculated, they are payable according to the original act.


How to write an application for alimony: reduction

If the amount of alimony is agreed upon by the parties and the condition is sealed by a notary, then amendments are made in the same manner as the conclusion of the main contract. The claim is submitted to the judicial authority. When considering a case in process, an application is submitted through the office of the instance or by mail. The text contains the information:

  • the name of the judicial authority;
  • Name of the parties to the process;
  • the name of the child and his age;
  • the number and date of the initial decision on the recovery of alimony;
  • amount and period of payment;
  • motivation - the reasons due to which the debtor cannot transfer funds in the previously declared amount, detailed circumstances;
  • a request for a reduction in payments in a fixed amount or a share of earnings.

Documents substantiating the position of the payer of funds are attached to the application. The state duty is paid, its size is calculated on the basis of the following formula: 12 months is multiplied by the balance of money to be collected after the reduction. From the amount of the claim received, it is taken taking into account the fee on the basis of Part 333.19 of the Tax Code of the Russian Federation. For example, if earlier a citizen paid 10,000 rubles a month, but asks to reduce payments to 5,000 rubles, then the court will make the following calculation:

5000*12=60,000 * 3%+800 rubles = 2600 r.

Both alimony payers and collectors can apply to the judicial authorities in such cases. Filing for alimony without a divorce is quite possible. Interested in reducing payments may be a wife in a second marriage, who has minor children in support. For example, a man pays 25% of his earnings for a child from his first marriage. With the advent of a newborn in a new family, there are already two children, respectively, 33% should be due to them, i.e. 16.66% - for each. The established deduction limits apply when calculating payments for children from different marriages. They may also demand a reduction in the share of the wife from the third and, with whom official relations have been terminated, if they are pregnant, they are raising children from the debtor. Filing for alimony after a divorce is possible only with the written consent of the wife to terminate the union.

It is common knowledge that child support obliged to pay of parents whose child is not dependent. But, unfortunately, a situation often arises when parents refuse to support their children on a voluntary basis. In this case, the issue of collecting funds for the maintenance of children should be resolved in court.

Most often, the difficulty is introduced by the question of where to apply and what documents to provide. Competent lawyers in any law firm will advise on how and where to file for alimony, as well as will help to issue all necessary documents.

The application and all necessary documents can be brought in person to the office of the justice of the peace, or sent by registered mail with delivery confirmation.

Submitted to the World Court application for a writ, it is considered within 5 days. After consideration, it is issued on the recovery of alimony. It is issued in the hands of the applicant, or sent to the employer of the defendant. The defendant has 10 days, counting from the date of issuance of the writ, to file his objections.

If the defendant does not object within this period, the order becomes effective and the defendant's employer legally withholds from the defendant's income the amount specified in the court order. If objections are received, then the court order is canceled, in which case the alimony collected in the ordinary course of action.

Required documentation package

  1. Application for issuance of a court order;
  2. at the location of the defendant (plaintiff) on the recovery of alimony - in the case of ordinary action proceedings;
  3. child;
  4. An extract from the housing office stating that the child actually lives with the applicant;
  5. Certificate of;
  6. Copy of the applicant's passport.

Simultaneously with the above package of documents, applications can also be submitted:

  • to recover from the defendant the costs of lawyers. Do not be afraid to contact large law firms, experienced lawyers will always tell you how to apply for alimony. And the costs of a lawyer's services can always be recovered from the defendant, you only need to attach an agreement with a law firm and documents confirming payment.
  • on the search for the defendant. Such a petition is filed if it is not known where the defendant is currently located.
  • on requesting documents. If it is not possible to obtain a certificate of the defendant's income, then you can file a petition for the reclamation of documents from his employer (if known). You can also ask for the amount of deductions that the employer made for him, or he personally.

In the family legislation of the Russian Federation, Article 80 states that the burden of material support for 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 children, then it is necessary to write an application for alimony and apply with it to the judicial authorities. How to do this is described in this article.

Persons who are entitled to claim child support

The father, mother and guardians, who are guided by the interests of the child, have the legal right to apply for alimony. If one of the parents requires 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 non-existent.

In the case when the child is in the care of guardians, the guardian has the right to file a claim for the recovery of 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 claim for alimony, you will need a minimum of paperwork. The first and main document of them is the birth certificate of the child. It proves the parent's right to apply for child support. In addition, the birth certificate of the child confirms the obligation of the other parent to pay child support.

When the father of the child is not listed on the birth certificate or is listed on the basis of the words of the mother, then before writing an application for alimony, paternity will first need to be established.

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

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

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

How is the amount of alimony determined and on what does it depend? 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 regular income, the amount of alimony is determined as follows: if the child is one, 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 stipulated by the legislation.

On an individual basis, the amount of alimony may vary up or down, depending on the circumstances of the case. If the parent does not have a permanent income, then the amount of alimony is set in solid monetary terms.

Application for payment of alimony

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

The application must indicate the amount of alimony to be collected. At the end, you must indicate the date of execution of the document and put a personal signature.

The picture below shows a sample application for alimony.

Where to apply

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

Filing a statement of claim to the justice of the peace at the place of residence of the plaintiff is more convenient. Because there is an opportunity to arrive at the court without extra expenses of finances and time, to solve some issues personally.

Innovations

It should be noted that in accordance with Federal Law No. 45 of March 2, 2016, starting from June 1, 2016, applications for the recovery of alimony for children under the age of eighteen that do not require the participation of third parties in the trial are not relevant to establishing or contesting paternity and maternity are filed only as applications for the issuance of a court order for the recovery of alimony from the defendant.

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

You will need

  • To collect child support:
  • - original and copy of birth certificate
  • - original and copy of marriage certificate - if available
  • - original and copy of divorce certificate - if available
  • - original and copy of passport
  • - a copy of the defendant's passport - if available
  • - Respondent's income statement
  • - statement of claim in two copies
  • - extract from the house book
  • To collect alimony for the maintenance of a disabled needy citizen:
  • - extract from the house book
  • - original and copy of passport
  • - the original and a copy of the passport of the person for whose maintenance you are applying for alimony
  • - income statement
  • - certificate of disability
  • - claim in two copies
  • - receipt of payment of state duty

Instruction

Prepare documentation showing that the person for whom support is being collected (a minor child or a disabled adult) lives with you.
Such a document most often becomes an extract from the house book. You can get it at the Housing Office or HOA at the place of residence. For residents of rural areas, such a certificate is issued by the Village Council.

If you are a tenant, prepare for the court the tenancy agreement between you and the landlord. Please note: the contract must indicate that the minor or disabled person, for whose maintenance alimony is being collected, lives with you.

Request a salary certificate or a certificate in the form of 2NDFL from the place of work of the citizen from whom you plan to collect alimony. This can be done by contacting the accounting department of the company where the defendant works. The certificate can be picked up in person or received by mail.

Prepare disability documents. This must be done if alimony is collected for the maintenance of a disabled adult citizen. Such a certificate can be obtained from the bodies of medical and social expertise.
To do this, contact the SME bureau with an application, a medical card and documents proving the identity of a disabled person.

Prepare a statement of your income. This document is needed in cases where you plan to collect alimony from your grandparents, brother/sister/children/adoptive parent. In this case, you need to provide the court with documents that confirm that you are in need.

Such a document can be a salary certificate or a certificate in form 2 of personal income tax from the accounting department or bank statements.

Make a lawsuit. It must indicate
Full name of the person for whose maintenance the alimony is collected;
the date of birth of the person for whom you are filing a claim
the circumstances in connection with which you apply to the court.

If the claim is made for the payment of alimony to the child, then you need to specify
details of the marriage certificate, the date of its issue and the name of the authority that issued the document (if any)
details of the birth certificate of the child, the date of its issue and the name of the authority that issued the document
Details of the divorce certificate (if any)

Also, in the lawsuit, you must specify the amount of alimony that you require from the defendant.

Pay the state fee in the amount of 100 rubles. Details of the judicial body that will consider the Claim for Recovery of Elements can be obtained from the assistant judge or on the site of the court section.