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Application to the magistrate court for alimony sample. The approximate form of the statement of claim for the category of cases on the recovery of alimony. Order or decision

from 31/12/2018

Alimony is a standing payment for maintenance. To receive alimony, you need to agree with each other or prepare claims for the recovery of alimony.

The life circumstances of each family member may lead to the need to go to court with a claim for the recovery of alimony, i.e. funds for their maintenance or meeting the needs of disabled family members. A separate chapter of the Family Code of the Russian Federation is devoted to alimony, the procedure for their establishment, calculation and collection.

Speaking about alimony, most often we are talking about means for the maintenance of children. However, the provisions of the Family Code also apply to former spouses, parents, grandparents and some other family members.

Right to alimony

Family members have certain responsibilities towards each other, incl. for material support. The right to alimony arises in cases established by the Family Code of the Russian Federation. Sometimes, the fact of the birth of a child is enough, sometimes it will be necessary to go to court with a claim for acknowledgment of paternity or a statement to establish the fact of acknowledgment of paternity. For adult family members, the right to alimony arises in the event of disability, temporary or permanent.

A common misconception about the possibility of collecting alimony only as a result of divorce is wrong. Alimony is associated not so much with marriage as with the material support of people in family relationships.
You can exercise the right to receive alimony in two ways: conclude and notarize the Agreement (only for parents on child support), go to court with a statement of claim for alimony.

Voluntary fulfillment of obligations to pay alimony is not so rare, but here it is important for the alimony payer to keep the relevant evidence. Otherwise, alimony can be recovered for a 3-year period before going to court.

The procedure for going to court has its own characteristics, depending on whose maintenance the alimony is being collected. Referring to the article on claims for each type of alimony (for a parent, for a child, for a spouse), you will find the peculiarities of drawing up each of these documents.

After the establishment of alimony, their recovery can be carried out in various ways within the framework of enforcement proceedings. Alimony is a periodic payment that is charged for a specified period of time. Therefore, the parties to the alimony relationship, if there are grounds, can exercise the right to reduce the amount of alimony or collect a forfeit for alimony (examples are posted).

Increasingly, parents have become interested in how to write an application for. Since this type of document needs to be drawn up by individuals who are recipients of payments on their own, it is very important to know how to do it correctly, and also not to forget to enter some information in the applications. All this will be explained in this article.

If one parent wants alimony to be withheld from the earnings of the second parent of his minor child, then there is no need to rush to file a statement of claim. First of all, you need to talk about this topic with a potential payer and put forward all the requirements regarding material support for the child orally. If an individual agrees to the fact that from his monthly income, then a corresponding agreement is concluded, and if not, then a statement of claim is submitted to the court.

It should be noted that there are two types of statements with which you can achieve the provision of alimony - claim and extradition. The latter type of document is considered much faster than a claim type, however, it can be filed only if the payer is not going to dispute anything.

Statement of claim to court

Since there is practically no point in writing a statement drawn up for the purpose of issuing a court order, because it is possible to conclude an alimony agreement, which is done much faster and without involving a court, we propose to discuss how a claim is drawn up. A statement of this kind is universal, since it implies the resolution of conflicts of any complexity and takes into account the arguments of not only the plaintiff, but also the potential payer.

In order to correctly write a statement of claim, the individual who draws up the document should bear in mind that all text data must be indicated in Russian, and the numerical parameters (the amount of alimony and income of the parties) - in ruble currency. In addition, it is necessary that the information is reliable and does not differ from the corresponding data contained in the attached to the claim.

Sample application

In order to collect maintenance for children, a parent who represents their interests in court does not have to draw up a statement entirely by hand. You can simply download a sample of this document, transfer it to paper, and then fill in the blank lines. However, you need to use not the first sample that came across on the Internet, but precisely the one that meets the standards set forth in the Code of Civil Procedure. Russian Federation concerning the rules for drawing up an application for the recovery of alimony.

What you need to add to the document

Since claims filed for the purpose of calculating alimony payments for a minor child are sent for consideration to the magistrates' courts, then it is worth starting to draw up such a document by indicating the coordinates of this body. Then basic information about the applicant and about the parent, from whose earnings the child support should be withheld, is set out. The surnames, names and patronymics of individuals, their addresses, contact phone numbers, as well as faxes and e-mails (if any) are written.

Attention! Please keep in mind that reviewing applications is not always a free service. Therefore, sometimes, before filing a claim, you will need to pay a state fee, and the amount spent on this should be recorded in the document itself.

After the "header" of the application is drawn up, the future recipient of alimony benefits needs to enter the following data in the main part of the document:

  1. About marriage. To begin with, the applicant needs to inform the judge when he got married, from which a minor child common with the payer was born, and also when this union was officially canceled.
  2. About kids. Then the surnames, names and patronymics of all children who were born during the period of residence of the plaintiff and the defendant in marriage, as well as their dates of birth, are written. It is necessary to indicate only underage individuals (disabled people and some students are exceptions), since alimony payments are only due to a disabled child.
  3. About who supports the child. It is also necessary to note that it is the individual who filed the claim against this moment provides for the child independently, and the second parent does not provide material support and does not want to respond to relevant requests.
  4. About the defendant. In addition, the statement of claim must include information indicating whether the potential payer has children born of other marriages (if there are any, then it should be noted whether he pays alimony for them or not). These data are necessary in order for the judge to be able to establish such an amount of alimony that will simultaneously meet the needs of the child and not violate the rights of the payer.
  5. About the purpose of the statement. Next, you need to clearly state what the applicant wants to achieve. In other words, after listing certain legislative acts (articles numbered 80 and 81 of the RF IC), you need to write the word "please" and demand the accrual of alimony in the name of a minor child, full name. and whose date of birth must also be indicated.
  6. About the size of the content. And the last thing that the recipient will need to do in the main part of the claim-type application is to prescribe the amount of alimony that he needs every month in order to provide for the children. It should also be noted that alimony must be withheld from absolutely all types of profits of the second parent.

Without what information the claim will not be accepted

However, after the parent, who wants to achieve the accrual of funds for the maintenance of the child, has entered general information in the sample statement of claim (indicated in the upper right corner) and completed the execution of the main part, it is still early to submit the document for consideration to the magistrate's court. The statement must also contain a part containing.

The list of securities that are required to confirm the accuracy of the data set forth in the claim includes the following:

  • Copies of certificates. In order to certify to the judge that the date of registration of marriage and birth of the child is written correctly, you need to attach to the document requiring the recovery of alimony compensation, certified copies of the certificate of entry into family life and the birth of a child.
  • Several references. In order to attest that the words written by the plaintiff regarding the residence of a minor child with him are true, a certificate from the housing authority is required, containing information about the composition of the family. In addition, you cannot do without a certificate of income of the recipient of the benefits, as well as the payer, if possible. This type of document is drawn up by the employer and must necessarily comply with the 2-NDFL form.
  • Copies of the application and receipt. One original statement of claim is not enough. Since one document is intended for examination by a judge, and the second must be sent to the payer, the applicant must draw it up at least twice. If the recipient wants to keep one application for himself, then the same document will need to be drawn up three times.
At the end of the document, such details as the current date and the signature of the applicant must be present. The presence of these parameters gives the document executive power.

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



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

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

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

:
  • In the upper right corner, the details of the instance, data of the recipient party, own information are recorded;
  • Title, short description;
  • Description of the circumstances of separation and indication of information about joint children;
  • Requirement, place of work of the counterparty;
  • Attachments, signature, transcript, date.
Almost everyone can handle the writing of the disputed statement of claim. There is no need to describe in detail the circumstances of life together and the reasons for the divorce. It is important to include additional information and copies of accompanying papers: birth certificates of all children, applicant's passport, court decision on divorce, if any. Other evidence may be added to the list of appendices. When collecting alimony, the state fee is not paid by the plaintiff. Its collection is made from the defendant.

The legislation provides for many options for supporting socially vulnerable citizens. One of the types of assistance is the appointment of alimony.



Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

What is more profitable: negotiate or go to court?

The responsibility for maintaining the child remains with both parents until the child reaches the age of majority. If there is a need for the separation of parents or, the issue of maintaining the child can be resolved by the world, through an agreement on the payment of alimony, or through a court.

Agreement for the payment of alimony

What you need to know about drawing up an alimony agreement:

  • it is concluded if the parties were able to agree;
  • drawn up in writing;
  • certified by a notary;
  • similar to the action of the writ of execution.

In the event of an agreement, alimony:

  • are paid as it is convenient for the parties: one-time or at any agreed frequency;
  • may be more than those appointed by the court;
  • are provided in any form acceptable to the parties: cash payments (part of the salary or a certain amount), any property;
  • indexed depending on the increase in the size of the living wage.

The main merits of receiving alimony by agreement- the possibility of obtaining them in any agreed form, in a convenient way, sometimes in a larger size. And, of course, the economy of effort and nerves due to the lack of litigation.

The main disadvantage This method of obtaining alimony is the need to negotiate with the ex-spouse. If the relationship is at an impasse, the negotiations may not be successful.

Recovery through the court

Alimony collected through the court:

  • appointed by the court;
  • depend on the level of the payer's earnings;
  • have the size of ¼ earnings for one child, 1/3 -, 1-2 - for three or more children;
  • can be appointed as a lump sum if the payer does not have an official place of work;
  • are determined by the court on the basis of a claim by one of the parents, a representative of the guardianship authority or a disabled parent (in case of recovery from the children for the maintenance of the parents).

Determining alimony through the court will help avoid unpleasant meetings and negotiations, but will not allow you to get more than provided by law.

The downside of this method receiving funds for child support is their calculation only from the official "white" salary. If the other parent receives most of the money "in an envelope", the amount of alimony will be small.

Options for assigning child support

There are two ways to apply for the appointment of child support:

  1. simplified(made only on the basis of the provided documents)
  2. standard(based on the statement of claim)

Simplified version- issuance of an order on the appointment of alimony, signed by the magistrate. At the request of the claimant, within five working days without an investigation, an order is issued, by force tantamount to writ of execution.

The applicant can independently deliver the order to the defendant's place of work. Otherwise, the document will be transferred to the bailiff-executor, who will notify the accounting department of the defendant's employer about the arisen obligations to pay alimony.

A simplified form of assignment of alimony can be used if:

  • the defendant receives income in rubles;
  • the defendant's salary is constant and documented;
  • the applicant asks to appoint alimony in the form of a share of the defendant's salary;
  • disputes on deprivation or restriction of parental rights are not considered;
  • for the consideration of the case, the call of third parties is not required.

Within ten working days, the defendant can dispute the application. In this case, restrictions are imposed on the order and the plaintiff must go to court already with a statement of claim.

After filing the statement of claim is considered by the court within thirty days. At that time:

  • proceedings are underway with a mandatory summons to the court of all parties to the conflict;
  • a court decision is made and time (ten days) is given for the parties to appeal against it;
  • upon expiration of the term for appeal, a writ of execution is issued.

The alimony claim has more options. It may specify requirements for the payment of additional costs for the maintenance or treatment of a child, for the provision of a parent raising a child under three years old, or a pregnant spouse.

Which court to file a claim?

All issues related to the appointment of alimony are considered in the magistrates' court.

A district court of general jurisdiction has the right to consider such cases only while considering issues of restriction or deprivation of parental rights.

You need to go to the World Court in the area of ​​residence (permanent registration) of the defendant... Submitting documents to the court of the district in which the defendant lived earlier is permissible in the absence of up-to-date data on his current place of residence. If this is also not possible, go to court at the place of residence of the recipient of the alimony.

Applying for alimony

Step one - preparation of documents

Documents to be taken with you to court:

  • birth certificate;
  • a marriage certificate (if one of the spouses applies) or a court decision on its dissolution (if they apply to the court after a divorce);
  • in the absence of marriage registration - results or a certificate of paternity (adoption);
  • confirmation of the child's residence with the plaintiff (may be issued by housing authorities);
  • income statements of both parties;
  • confirmation of the existing deductions from the defendant's income.

Of course, the plaintiff may not have all of the listed documents and the court is ready for this. However, a court request for documents may take some time.

Step two - writing a statement

The application must contain:

  • name of the court;
  • Full name, data of the passports of the plaintiff and the defendant, indication of their place of registration and actual residence, postal code and telephone numbers;
  • the requirement for the appointment of alimony and their amount;
  • a description of the circumstances that led to the appeal to the court;
  • an indication of the documents confirming the legality of the claims;
  • list of attached documents.

There is no special universal template for writing a statement because the situations in which citizens apply for alimony are different. Only the structure of the statement is always common.

An application for alimony may look something like this:

You can also download the application forms at.

Step three: apply

Having prepared all the necessary documents and writing an application (three copies will be needed), it is necessary to transfer the data to the court. To do this, you must personally visit the judicial office.

One copy the application, together with the documents, remains in the court; on the basis of this set, a court proceeding is conducted. Second instance from the court will be sent to the defendant for review. Third- will remain with the plaintiff. On it, an employee of the office must indicate the date of receipt of documents and sign.

Saving this copy is important to prevent various emergency situations: for example, loss of documents. Based on your registered copy, it will be possible to confirm the date of the application for the appointment of alimony.

Step four: judgment

After consideration of the documents, the court will set a date for the proceedings. The plaintiff and the defendant will receive summons... Upon completion of the proceedings, in case of a positive answer, the court issues a decision on the recovery of alimony.

If the debtor, on the basis of a court decision, is voluntarily willing to pay the amounts due, then the issue can be considered resolved. If the defendant evades making payments, he will have to collect alimony compulsorily.

Step five: collecting payments

Based on a court decision, you can receive your first payment almost immediately, without waiting for the ten-day deadline for filing an appeal.

The recipient of alimony can write an application for the issuance of a writ of execution. The writ of execution must contain information about:

  • date of issue;
  • the name of the court;
  • Full name of the person who issued the document;
  • Full name of the recipient and the debtor, their passport data, addresses, TIN;
  • the debtor's data known to the court: place of work, availability of bank accounts, etc .;
  • obligations of the debtor;
  • the date of entry into force of the court decision;
  • the period of validity of the writ of execution.

The writ of execution must be sealed and signed by the judge and his deputy.

The writ of execution together with the application must be submitted to the State Executive Service, which must organize the process of collecting alimony.

Where to go if the ex-husband does not pay child support?

In case of attempts to evade the payment of alimony, in the event of a sudden termination or delay of payments, the recipient needs contact the bailiff service at the debtor's place of residence... After providing the bailiff-executor with all the available documents on the case, he will calculate and begin to collect it

If the debtor did not work at the specified time, the debt will be calculated in accordance with the level of the average wage in the country.

A negligent payer can be punished: for violation of a court order he could face up to one year in prison or . Also, the debtor is obliged to pay off the existing debt and pay the amount of the forfeit.

In case of any deviation from the alimony payment schedule or violation of the amount established by the court, the recipient or his legal representative has the right to contact the bailiff service. Having received all the necessary documents, the bailiffs are obliged to independently collect the amounts due.

Why complain about the bailiffs if they do not work well?

In the event of inaction or illegal action by bailiffs, it is necessary to restore the order provided by law. But you shouldn't “jump over your head”.

In case of a one-time violation contact the head of the bailiff service: Write a complaint with a detailed description of the problem to the name of the senior, and then to the name of the chief bailiff of your region.

Be sure to register your copy of the document and expect a response. If there are no changes in the work of bailiffs, contact the court and the prosecutor's office.

Of course, collecting documents, visiting courts and writing statements takes time and effort. But after going through all the stages, you can get tangible financial assistance. Moreover, it is provided for by law.

Close relatives - parents and children, spouses - must financially support each other. Alimony is material support due to family members in accordance with a court decision, if the person does not voluntarily provide support. The application form for alimony sample 2017 can be downloaded. The presence of a formal marriage relationship between the parents does not matter. If the parent of the child does not want to acknowledge his paternity, a lawsuit is filed with the court with two requirements: to determine paternity and to pay alimony.

If the spouses have agreed on alimony, their amount and terms of payment voluntarily, you need to formalize these agreements in the agreement. It must be certified by a notary (Article 100 of the Family Code). Such a document has the force of a writ of execution, therefore, if a party to the agreement evades its implementation, you can apply directly to the bailiff service for enforcement. At the same time, the amounts cannot be lower than those that are required for their judicial collection. The rights of the child will not be allowed to be violated by a notary, and if, nevertheless, the amount of alimony turned out to be less than the prescribed amount, the agreement on the payment of alimony can be invalidated.

The period for the payment of alimony

Through the court, it is possible not only to oblige the father of the child to pay the monthly maintenance of the child, but also to pay the amounts due for the three previous litigation years. To do this, you will need to prove that you applied to the defendant with demands for payment of maintenance, which were refused or such demands were ignored. That is, it is necessary to present the postal receipts to the court for sending the claims for the payment of alimony. It is desirable that it be several letters, the further from filing a claim on time, the better.

If you do not plan to ask the court to collect child support for the period leading up to the proceedings, you do not need to file a claim. A mandatory claim procedure is provided only for disputes about changes or termination of alimony agreements (Article 101 of the Family Code of the Russian Federation).

As a standard, parents must support their children until they reach the age of majority. However, if the child, due to illness, cannot support himself on his own, the responsibilities of the parents do not stop.

Is a divorce necessary to determine the procedure for paying alimony

Even spouses who are officially married and do not plan to divorce can shirk the obligation to support children. Divorce is not a prerequisite for receiving child support.

Alimony amount

In a standard situation, when alimony is paid for the maintenance of minor children, their amount is a fraction of the amount of monthly income:

One quarter for one child

One third for two children

Half for three or more children

When the nature of the parent's income does not allow determining the share or level of income in it, or the amount of earnings does not allow the payment of alimony, the court can determine a lump sum to be paid. The child's standard of living and material well-being is taken into account. In the text of the application, it is advisable to list the regular expenses for the maintenance of the child: education, food, treatment, rest, development.

At the same time, the defendants often provide arguments and documents proving them, testifying to their unfavorable financial situation. This helps to reduce the required fixed payments. Also, to reduce alimony payments, you can provide information about the need to support a new family and children.

From what amounts can child support be collected?

Wage. With this type of income, everything is simple, especially when the alimony payer receives official income. After receiving the court decision and the writ of execution, you can contact the debtor's employer directly for monthly deductions of the awarded amounts immediately to the account of the alimony recipient;

Artist fees;

Income from the rental of real estate;

Income of an individual entrepreneur and dividends from participation in societies;

Almost all types of pensions and budgetary compensations;

Unemployment benefits;

Salaries, allowances for military personnel and employees of internal affairs bodies, which are of a regular nature.

Which court to file for alimony

As a general rule, statements of claim are filed with the court at the location of the defendant, that is, the payer of the alimony. But in the case of disputes about alimony, the law provides for a simplification - such a statement can be submitted to the court at your place of residence (clause 3 of article 29 of the Code of Civil Procedure of the Russian Federation). It will take a magistrate's court.

If there are additional requirements - on resolving the issue of the residence of children, division of property, divorce and others - the case is subject to consideration in a court of general jurisdiction, that is, a district court.

If the court is also required to establish paternity, you need to go to a court of general jurisdiction.

National tax

For claims for the recovery of alimony, it is a preferential amount of 150 rubles (Article 33.19 of the Tax Code of the Russian Federation).

300 rubles in a dispute about alimony for the maintenance of the child and the plaintiff - we are talking about those cases when, in particular, the ex-spouse asks to collect payments for the maintenance of herself and the children in common with the defendant.

What documents to attach to argumentation of the position

Copies of birth certificates of children or their passports (when the child is already 14 years old)

Certificate of the place of residence of the children - if the children live together with the plaintiff. Provided by the passport office.

A copy of the marriage certificate and its dissolution (if any)

Evidence of established paternity (if the defendant did not voluntarily recognize it and an examination took place)

Certificate of income statement if you are appealing to financial distress

Certificate of income of the defendant or available property, which could prove high income. If you are unable to claim such documents on your own, which is quite likely, file a written request for their claim to the court during the preliminary hearing (interview)

Adoption certificate (if necessary)

Copies of receipts and / or contracts for child support costs

Original receipt of payment of state duty

Sample application to the court for alimony

In _________ court ___________

Plaintiff: _______________________

(Full name, address of the applicant)

Defendant: ____________________

(FULL NAME.,

address of the person owed

______________________________

pay alimony)

STATEMENT OF CLAIM

on the recovery of alimony for a child (children)

I am married to _________________________and lived with her (him) together __________________________________

(indicate the month, year before which you lived together; if the marriage is alreadyterminated, then report the date, year of termination)

We have a child (s) from marriage _____________________

______________________________________________________________________

(name, day, month, year of his (their) birth)

The child (children) is (are) dependent on me, spousedoes not provide material assistance for its maintenance (al, ala). Spouse)

has no other child (children), deductions for executivedocuments from him (her) are not made.

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

I BEG:

Collect from ______________________________________________________

(Full name and address of the place of residence, work of the person,obliged to pay alimony)__________________ year of birth, native (s) __________________(City, region)

in my favor child support for ________________________________(name and date of birth of each child)in the amount of _____ part of all types of earnings monthly, starting from the datefiling an application (specify) before his (their) majority.

Applications:

  1. A copy of the statement of claim.
  2. ___________________.

"___"__________ ____ G. ______________

(signature)