Dental beauty and health 

What you need to apply for alimony. What documents are needed to apply for alimony: a list of required papers

When a family breaks up, it is difficult for people to get used to the new reality and accept the fact that a measured life will change significantly. The life of two people who were once inseparable will now go on different paths. Alimony - financial means that one parent pays to his child and spent on his maintenance. Financial payments can be established by mutual agreement between the parents and compulsorily, that is, by a court decision.

Usually, the most difficult thing for a woman to survive such a change, since nature is laid in her to keep the family hearth. For a long time, she hopes for family reunification and is afraid to apply for alimony, believing that this will close the way back for the man. There is certainly some truth to these fears. Most men are terribly offended when they receive a statement of claim from the court in the mail, and consider such a step almost a betrayal.

general information

Whether or not to apply for alimony is an individual decision for each woman left with a child. But it must be remembered that the award of payments occurs from the date of filing documents for alimony.

Even if your ex-spouse helps you voluntarily, you do not know whether payments are being made in full or he will get tired of doing it after a while.

There are cases that a man returns to his family, but this does not in any way apply to alimony relations. Regardless of whether the spouses are legally married or not, they live together or separately, the spouse has the right to sue documents for alimony.

It happens that the spouses live together and are not going to get divorced, but the man does not support the family, spending money not on children, but, for example, on his hobby.

The application is also sent to the magistrate's court at the place of residence of the second parent.

Documents for alimony in case of unregistered marriage

If marriage not officially registered, then filing a claim for the recovery of alimony is complicated. In addition to the main package of documents, you will also need:

  • paper on the adoption by the father of the child;
  • if there is no document of adoption, then a statement on the determination of paternity;
  • the result of a genetic examination to determine the fact of paternity or a statement on the appointed conduct;
  • other documents and confirmations proving the claimed claims.

The statement of claim is sent to the court of the district in which the defendant lives, because the statements on the determination of paternity are being examined just district courts.

Alimony for adult children

It so happens that children have reached the age of majority, but they still need parental help - due to illness, injury or other reasons.

Approximate list of documents:

it main documents for filing for the recovery of alimony. Sometimes you may need some information about the child for whom the child support will be paid. This can be information about the place of study, health, disability, as well as information about the earnings and place of work of the plaintiff, that is, the mother. The statement of claim and all the necessary documents must be submitted to the district court at the place of residence of the defendant, that is, the Pope.

In the event that the plaintiff does not have exact information about the defendant's income and the document that confirms them, the application must indicate where he works. Of course, if documents for the recovery of child support are provided in full, then the proceedings will be much faster.

For the plaintiff (mother) it's important to know that even small oversights made in collecting all the necessary documents and filling out an application will only drag out the case. Therefore, you need to be very careful when preparing documents for filing for alimony.

According to the requirements of the current legislation, both the mother and the father should be involved in the upbringing and maintenance of minor children. Unfortunately, statistics show that a large number of families break up and joint children remain with one of the former spouses. To ensure a decent maintenance for the child, the law obliges one of the spouses living separately to pay funds for the children. Then the question arises: for what period can a wife collect alimony from her husband? In addition, many elderly parents are interested in how to file alimony for their adult son and daughter, what are the rules for this.

Where to begin?

It is preferable when the former married couple can come to a mutual agreement on the amount and procedure for paying alimony, as well as fix the obligations in an agreement, which is notarized. However, if their relationship does not provide for an agreement, the court comes to the protection of the children. Then the size of the content is determined by 2 methods: in shares to all the payer's income or in hard cash equivalent.

Procedure for filing for alimony

The collection procedure differs depending on whether there will be a voluntary agreement between the parents or the payment will be collected through a judicial authority.

  1. Voluntary fulfillment of the maintenance obligation:
    1. The spouses draw up a payment agreement. This agreement must be certified by a notary by law, otherwise it will be invalid.
    2. All the necessary conditions must be clearly spelled out in the agreement. The amount that the second parent will allocate monthly for the maintenance of the child must be indicated. In addition, the date is prescribed, it is on this date that one of the spouses (who pays) brings or sends the required amount by transfer. Payments can be either lump sum or periodic in the form of a fixed amount. You can also transfer some property to the child.
  2. Filing for alimony - compulsory execution:
    1. A spouse who does not receive payments must collect the necessary documentation himself for filing a lawsuit. Then you need to pay a fee, for alimony it is not so big, you can find out the details and amount of the amount in the court office.
    2. Make a statement of claim. It can be printed on a computer or written in writing.
    3. Take the claim to court. As a rule, the application is considered in the court at the location of which the defendant is located. Submit a claim with all the papers to the court office. It is advisable to have a 2nd copy of the application, on which you will be given a mark that it has been accepted. Next, wait for a summons to the judicial authority, where at the meeting they will collect funds from the defendant for the maintenance of the child.

Where to file for alimony

The best solution to the issue is an agreement, which is fixed in the form of a written agreement. Otherwise, in case of disagreement between the parties, there is only one thing left - this is an appeal to the appropriate state body. Where to go to file for child support? It is necessary to go to the magistrate's court, which you can apply to by way of order or action.

Important! In the first case, an order for the recovery of alimony is issued within 5 days. So, if the defendant objects to him, this decision will be canceled.

After that, you will have to file an application in the course of action proceedings. During these proceedings, the judge will issue a decision no earlier than one month from the time the claim was filed.

Required documents for filing for alimony

When applying to the judicial authority by way of order proceedings, it is required to prepare an appropriate application for the issuance of a court order to recover the amount for the maintenance of the child. It necessarily includes the following:

  1. address and name of the magistrate's court;
  2. Full name of the debtor and the claimant, as well as their residential address. In addition, it is worth indicating the date, place of work of the debtor and place of birth;
  3. alimony claims and related circumstances;
  4. the necessary evidence of the provided facts;
  5. documents in the form of copies that confirm the stated evidence.

Also, the following papers must be attached to the application:

  • two copies of the application;
  • receipt of payment of state duty;
  • a copy of the birth document of the child (children);
  • a copy of the certificate of registration of the marriage union;
  • a certificate from the local government that the children live with the applicant.

How to file for a fixed amount of child support?

Art. 83 of the RF IC provides for situations when the amount for the maintenance of a minor child is recovered in a fixed amount. The judge decides to collect monthly payments for the baby in a fixed amount, if one of the spouses:

  1. has no income;
  2. receives earnings in part or in full in the currency of another country or in kind;
  3. receives irregular or frequently changing wages.

Important! Demanding a fixed amount of alimony from the ex-spouse, the plaintiff is obliged to provide the judicial authorities with evidence that the defendant is able to pay the funds specified in the claim to support common minor children.

How much does it cost to file for child support?

Usually, the payment of the state duty occurs on the eve of the appeal of the interested parties to the authorities, one of which is the court. Therefore, you need to figure out how much it costs to apply in Russia.

Tax rates are established by Article 333.19 of the Tax Code of the Russian Federation. At the time of filing claims, the fee is paid in the following amounts:

Important! The amount of the fee when filing a claim for withholding alimony is 150 rubles (Article 333.19 of the Tax Code of the Russian Federation). If the plaintiff demands the recovery of funds not only in relation to children, but also for his own maintenance, in this case the amount of tax will be doubled.

When can you file for child support? Terms of application

  1. You can apply while married, as well as in the process of a divorce case, and even after a divorce.
  2. According to paragraph 1 of Art. 107 of the RF IC, a person entitled to receive payments may apply to a judicial authority with a claim for the recovery of alimony, regardless of the period that has elapsed since the appearance of the right to financial support, if alimony was not paid earlier by agreement on the payment of alimony.
  3. Payments are awarded from the moment of going to court.

Alimony for the past period is collected within a 3-year period from the date of appeal to the judicial authority, if it is established that before the appeal to the court, measures were taken to receive funds for maintenance, but the amounts were not received due to the evasion of the person who is obliged to pay.

When can you reapply for alimony?

In the event of the occurrence of the circumstances that are provided for in Article 119 of the IC RF, you can apply for a change in the amount of payments or exemption from their payment.

Can alimony be recovered? It is possible to apply to the judicial authority with a statement of claim after the issuance of a resolution or order to recover payments in the following cases:

  • decrease or increase in the amount of payments, if they are assigned in a fixed amount;
  • collection of maintenance in favor of a parent who has the right to receive cash payments until the child reaches 3 years of age and during pregnancy;
  • changes in the method of calculating alimony payments - from a share to a fixed amount or vice versa;
  • suspension of payments.

After the entry into force of the decision, a repeated claim for alimony cannot be filed, and all issues related to the non-fulfillment of the payer's obligations are decided by a bailiff or a judge, within the framework of enforcement proceedings and at the request of interested parties.

How to sue for alimony: individual cases

  1. How to claim alimony for a mother or father?

    According to the provisions of the Investigative Committee of the Russian Federation, adult children must take care of the mother and father of incapacitated age if parents need help, and, if necessary, pay a cash allowance, providing them with a decent life. Many people are concerned about the problem of in what situations it is necessary to pay alimony payments to parents from children.

    A mother (or father) files for child support for a son or daughter when:

    • people reaching retirement age;
    • the parents have a disability of 1 or 2 gr., confirmed by a certificate.

    You can also force a son or daughter to pay a cash allowance for the maintenance of their parents for the following reasons:

    • the child reaches the age of majority, when he becomes an able-bodied citizen, and is far from retirement age;
    • the presence of family ties, which are confirmed in the form of documents;
    • parents are disabled according to the recognition of the court and in need of financial assistance.
  2. Can child support be filed for a mother or father?

    Monetary obligations are established by the Family Code, which oblige to provide for their disabled relatives (both adults and minors).

    The immediate basis for filing alimony is either a court decision or a voluntary agreement of the parties. By law, parents are obliged to support their needy disabled children. Moreover, this obligation arises from the very birth of the child and is valid even in the event of deprivation of parental rights.

    If an adult child is incapacitated for health reasons, the obligation to pay alimony is imposed on his parents. In this case, the collection of funds from the father and mother is possible if two conditions are met simultaneously:

    • the child is disabled (having a disability);
    • he is recognized as needy, that is, his income is lower than the established subsistence minimum.

Also, his father can collect alimony from the mother for the maintenance of his minor child.

Important! Parents are obliged to provide financially for their minor children (Article 80 of the RF IC), therefore, the decisions of the judicial authorities on this issue are unambiguous.

How to file a lawsuit for non-payment of child support? Judicial proceedings

What needs to be done for the debtor to be punished for non-payment?

  1. Go to court with a claim for debt collection for monetary obligations. After satisfying the statement of claim, the court will issue an executive document directing it to the bailiffs.
  2. Within 10 days after the adoption of the document, the bailiffs will be engaged in enforcement proceedings. It is their responsibility to take all measures to enforce the court decision and collect the debt.
  3. In the event that the actions of the bailiffs did not have the expected result, the debtor evading the payment of alimony may be brought to criminal liability provided for by law. After 2 written warnings, bailiffs collect the necessary package of documents and information about the amount of debt, place of work, terms of delay, income, as well as reasons for non-payment. On the basis of this, a criminal case is initiated.
  4. If the bailiff does not take action to collect the debt and bring the debtor to responsibility, the recoverer may file an application with the bailiff to bring the debtor to responsibility. In case of inaction of the authorities - to complain to a higher bailiff about the inaction or actions of the bailiff.

It is not that difficult to file for child support, but in any case, you should take into account the recommendations of professionals. If you are wondering how best to collect funds, seek the help of an experienced family lawyer. He will not only help you to correctly draw up an application and prepare the necessary documents, but, feeling support, you will remain calm and prudent in such an unpleasant procedure.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

Both parents are equally responsible for the well-being of their minor child. So when one of them for certain reasons does not want to participate in his life, he undertakes to provide his own son or daughter with a certain amount of money, called alimony. It is enough for parents to sit down at a common table and sign an agreement with each other on the amount and timing of these payments. If they never managed to come to a unanimous opinion, then the one who is involved in the upbringing and provision of the child can safely file a lawsuit.

You may also be interested in:

  • How to file for child support after divorce? Step by step guide
  • What documents do I need to file for child support?
  • How does the court order child support? Accrual procedure

Submission of documents to court for alimony

All questions about how to file for alimony do not lose their relevance this year. They usually disturb mothers who are independently involved in raising children. A woman does not have to be married to the man from whom she gave birth to a child in order to be able to write a statement of claim against him. Just enough confirm the fact of paternity to force him to regularly pay child support.

You can force a parent to pay cash assistance to a child in two ways. A person who is interested in the payment of alimony must choose one of the proposed procedures:

  • Expedited procedure. It includes the issuance of an order from the court.
  • Standard procedure. A statement of claim is written for her, which is further considered by the court.

Both procedures have certain similarities. However, each one still has nuances, making it suitable for a single case, in which the recovery of child support is related.

List of documents that will be required when going to court

In order for a person to file a claim, he will have to prepare in advance the documents that will be needed when considering the case. Originals and copies must be submitted to the court. Every person who is interested in the question of how to file for alimony should be aware of this. The statement of claim will go into operation immediately after the plaintiff provides the following documents:

  • Birth certificate of children (you can only copy it).
  • A copy of the page from the passport, where the marriage registration is indicated. You can skip this point if the parents of the children were not married.
  • Certificate of registration and divorce. A copy is provided. You can skip this step if the parents of the children who caused the child support claim were not married to each other.
  • The original of the certificate on the composition of the family of the person against whom the claim was filed.
  • Original certificate of the composition of the plaintiff's family.
  • Calculation of alimony payments.
  • Justification of the costs that are required for the maintenance of common children.

Any specialist will tell you exactly how to prepare the necessary documents on which the filing for alimony in court is based. Both the plaintiff and the defendant can turn to him for professional advice.

Recovery of alimony for children is a lawsuit that requires detailed consideration and competent preparation. This is especially true in cases where this problem is resolved through the courts.

All correctly executed documents should be submitted at the time of filing an application to the court. They are attached to the child support case.

A statement of claim for alimony: how to draw up correctly

Deadlines for filing documents for obtaining alimony

It is not enough just to know how to file for child support. The plaintiff must be familiar with the terms for filing an application for recovery in court.

Submission for alimony is made until the moment the onset of the child's majority, because of which the statement of claim was written. You can file a claim both immediately after his birth and at a later age. Alimony, if done correctly, will begin to accrue from the moment the application is filed, the consideration of which goes through the judge. The statute of limitations does not apply to the claim.

Procedure for filing documents for alimony in court

Having figured out the question of how to file for alimony, you need to familiarize yourself with the next problem, namely, with the procedure for going to court.

Before filing for alimony and waiting for its consideration, you should go through several steps, which include the procedure for collecting alimony:

  • Filing for child support starts with a simple one: the plaintiff and the defendant collect documents. This step can take a long time. After all, you will have to go over several government agencies in order to get your hands on the documents that the lawsuit requires.
  • Then you can write a statement of claim.
  • The next step is going to court. Where exactly the claim for the recovery of alimony will be considered, the plaintiff decides. At this stage, documents are submitted in triplicate.
  • Now the judge can deal with the problem of collecting alimony. He issues a decree, which is allowed to appeal. The plaintiff at this time is waiting for the claim to not only be considered, but also to issue him with a formalized order. From it it will become clear what exactly the lawsuit led to.
  • When the claim is considered and a verdict is issued, the plaintiff can be assigned the court order to the bailiff service.

These are the steps the filing for alimony consists of. You need to understand that you can spend a lot of time on a lawsuit, but still not achieve the desired result. Collecting money for a child does not always go in favor of the plaintiff. Filing for alimony requires lengthy preparation. In order for the judge to deliver the expected decision, the process must be taken seriously.

A person cannot win a court case for the recovery of alimony if he does not understand the essence of the problem. It is recommended that you consult in advance with a good lawyer who will explain all the nuances on which the claim is based and help you write a competent application for the collection of funds for the maintenance of your child.

What you can do right now:

  • Watch the video in this article to understand the situation in more detail.
  • Study the legal framework carefully with the help of the article "The procedure for the payment and collection of alimony according to the family code of the Russian Federation"
  • Seek help from a qualified technician

The phrase: “I want to apply for alimony” in most cases is pronounced by women who want to receive money monthly to provide for their minor child. The procedure for collecting from a former or still present spouse, at first glance, looks very simple, but in fact there are many documentary nuances in it. In order for the trial to end positively for you, and the judge appointed the maximum monthly amount, you need to carefully and thoroughly prepare.

How to apply for alimony - collecting the necessary documents

Before you go to the magistrate, you need to collect originals and copies of documents, such as:

  • Passport.
  • Receipt for payment of state duty.
  • Birth certificate.
  • If the child's father was not your legal spouse, you will need a certificate of proof of paternity.
  • Certificate certified by the local administration, which confirms your residence with the child.
  • Divorce or marriage certificate.
  • If possible, attach a spouse's job certificate showing the spouse's monthly income.

The collected package of documents must be taken to the office of the magistrate court at their actual place of residence, or the place of residence of the child's father. There, the secretary will give you an application, which must be filled out in 2 copies. A sample is shown below.

How to apply for child support - amount of payment

As you can see, there is nothing complicated in this event. After 7-10 days after submitting the application, you will receive a letter indicating the exact date and time of the hearing on your case. What is the amount of alimony set by the court in 2017?

  • For one child, the defendant must pay monthly 25% of his wages, pensions, insurance payments, entrepreneurial profits, scholarships, government payments, interest on deposits.
  • For two kids - 35%
  • For three children and subsequent children - 50%
  • If the father is unemployed, then the amount will be calculated based on the subsistence minimum established by the state.

The size of payments can also be increased or significantly reduced. What does a woman need to do in order to receive from the father of the family a more decent amount than is established by law? Read our article further.


How to increase the amount of child support

The law provides for circumstances on the basis of which alimony can be collected from a spouse much exceeding the initial data described above. Such circumstances include:

  • A significant decrease in the mother's wages.
  • Job loss due to dismissal or layoffs.
  • Serious deterioration of the parent's health - disability, injury, trauma.
  • Additional funds are required for the material support of the child - medicines, the need for expensive medical procedures, changes in the diet, etc.
  • Inflation and price increases for clothing, food, training.
  • Also, the law obliges parents to organize not only the educational activities of the baby, but also his cultural leisure. If your common child goes to a sports, dance, music or art school, collect overwhelming evidence that he does attend them and that they are paid.

Keep in mind that the judge will not take your word for it. To confirm real needs, collect additional documents, for example - certificates from doctors with an established diagnosis, a certificate from the employer about the layoff, etc.


How to apply for child support without divorce

Often, wives, exhausted by the constant lack of money, raise the question of the appointment of alimony in the family without divorce. This scenario is quite possible, since the law obliges parents to support their children financially, regardless of the presence or absence of marital ties. The application process, being officially married, is absolutely no different from the above. Moreover, when setting the monthly payment, the judge is guided only by the interests of the child. In this process, the main thing is to correctly collect documents and fill out an application.


Article 80 of the Family Code of Russia obliges all parents to provide material and financial support for their children until the expiration of the period of minority. Former spouses are given a good opportunity to resolve the issue of maintaining their children in a compromise way by concluding a voluntary agreement. In the absence of mutual understanding between the parties, the parent with whom the child lives has the right to sue for alimony.

The procedure for drawing up a voluntary agreement

Former spouses who have reached a compromise on the issue of providing for children have the opportunity to formalize their obligations for alimony bypassing the judicial authorities. It is enough to conclude a voluntary agreement, where the amount of the monthly allowance, its terms, payment procedure and all important individual points that are directly related to the satisfaction of children should be prescribed. A family lawyer or notary can help with the competent drafting of such an agreement. The document will be valid only after notarization.

The order of the trial

It is necessary to go to court and apply for the recovery of alimony when there is no voluntary desire of the payer to provide for his children. Before proceeding with the procedure for filing for alimony, it is very important to decide which court to apply to. There are two options here:

  • go to the magistrate's court - this will be an ordered proceeding and after it a court order will be issued;
  • apply to the district court - legal proceedings with the issuance of a list of execution.

Recovery of alimony through the magistrates' court

Order proceedings are a simplified and quick procedure in which the presence of the parties is not required for the judge, there is no basis for disputes and a detailed analysis of all the nuances. Based on the results of consideration of the submitted application and all documents in the case, the court must issue a court order, which is fully ready for execution through the FSSP or provided at the payer's place of work.

To apply for alimony according to the simplified order of production, certain circumstances must be met:


Recovery of alimony through the district court

When circumstances are not in favor of the simplified system, the child's representative is forced to file a claim with the district court for a claim proceeding, which has a more complicated procedure, requires the direct presence of both parties and has a longer time period. This procedure allows you to resolve any controversial issues and assign monthly maintenance to children in any form: a statutory share of income, in a fixed amount, or a combination of both.

After the end of the trial, instead of a court order, the plaintiff is issued a writ of execution, on the basis of which the bailiffs initiate enforcement proceedings and take compulsory measures to recover from the defendant. If the plaintiff knows his place of official employment, he has the right to independently submit a fulfillment sheet to the accounting department of the enterprise, where they are obliged to withhold the amount of payments from the payer's salary and transfer to the recipient's account.

Documentary support of the statement of claim

Before resorting to judicial assistance, the plaintiff must take care of where and how to properly file for alimony and what list of documents to provide with the application. The duration of the consideration of the case depends on how correctly the plaintiff was able to collect and submit documents for alimony.

If it is necessary to sue for alimony, it is mandatory to provide the following documents:


Alimony from a legal spouse

The law requires spouses with minor children to take an equal part in providing the material component in their upbringing. However, it is often possible to observe a situation when the head of the family evades his parental obligations, leaves the family and begins to conceal his income in every possible way. Finding herself in such a life situation, the wife has the right to file alimony for her husband without waiting for the official annulment of the marriage. Going to court follows the same procedure as after a divorce.

Alimony after civil marriage

For modern society, it is not uncommon for men and women to lead a joint lifestyle without registering their relationship. A woman who finds herself in such a situation begins to ask questions: does she have the right to alimony, how to file for alimony in her situation and where to file a claim in order to confirm her close relationship with the defendant.

For the appointment of alimony for children born as a result of such a relationship, a court procedure is required to establish the fact of paternity. If the father is already indicated on the birth certificate, then this is a sufficient argument. The absence of documentary evidence of paternity requires its establishment in a separate court procedure, after which it is already possible to apply to the court for the recovery of monetary allowance for the child.

In the absence of disagreements on the issue of paternity, the parties have the right to submit a petition on this matter and, on its basis, the court has the right to make its decision. Otherwise, a genetic examination is required, for which the voluntary willingness of both parties is required. The result of the laboratory examination is attached to the case instead of all other materials. In addition to the expert examination, the court will take into account the testimony of witnesses and general photographs of the parties. In turn, a copy of the court decision on establishing paternity must be filed along with the claim for alimony.

How to File a Lawsuit Online?

With the advent of the State Service portal, citizens of the Russian Federation are given the opportunity to apply for alimony via the Internet. For this procedure, you must register and confirm it on the portal. However, the possibility of electronic appeal to the court is provided only for the blood parents of minor children. When filling out an electronic application, it is necessary to indicate the entire list of documents that are provided for in a regular appeal to the court.

A court order or a writ of execution can also be sent through the State Services to the FSSP and receive notifications about all stages of enforcement proceedings.

Attention! Due to recent changes in legislation, the information in this article may be out of date. At the same time, each situation is individual.

To resolve your issue, fill out the following form or call the phone numbers listed on the website, and our lawyers will advise you free of charge!