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File a claim for child support. Alimony claim

In the event of a divorce or separation of the spouses, one of them is obliged to pay alimony for the maintenance of the child. This can happen in two ways. The first involves the conclusion of an agreement between the parties on a voluntary basis. Its provisions contain information on the timing of the transfer of funds and the amount of the one-time payment. The second way involves going to court. Not every citizen knows about the features of this procedure. It is worth considering in detail the sample application for alimony in 2018, the features of its preparation, filing and other aspects related to this issue.

All concepts and points on the payment of alimony are prescribed in Article 60 of the Family Code. According to this document, alimony is money transferred for the maintenance of children or other close relatives who, due to their disability due to age, health, etc., cannot independently provide for themselves, from a material point of view.

You can go to court and file for alimony:

  • minor children;
  • daughters and sons under the age of twenty-three who are in full-time education;
  • spouses;
  • the parents of the alimony;
  • other persons.

Obligations for the transfer of alimony payments for minors are assigned to the parent of the child who does not live with him. He does not have to be in an officially registered marriage with his mother. On exactly the same basis, they are imposed on adult children who are students who, due to their studies, are unable to provide for themselves independently.

The spouse of a citizen, both current and former, may qualify for the described payments in the following situations:

  • for the period of maternity leave;
  • when caring for a disabled child;
  • upon receipt of any disability group at the time of the validity of the marriage or a year after its dissolution.

In accordance with Article 87 of the RF IC, the payer's parents can also apply for alimony. This is possible in situations where they need financial support, and their son or daughter does not want to provide it on a voluntary basis.

The list of other persons who have the right to apply for alimony is presented below:

  • brothers and sisters who have not reached the age of majority, at the death of their parents;
  • grandchildren - in the absence of parents or adult brothers and sisters;
  • Grandmothers and grandfathers;
  • adoptive parents, stepfathers and stepmothers, if they raised the child for at least five years before the child comes of age.

Where is the list of persons entitled to receive child support payments? All points on this issue are spelled out in the articles of the fifteenth chapter of the RF IC.

How to write a claim for child support

How to write a statement of claim for the recovery of child support? The document is drawn up according to the standard form for filing a claim and is written in the name of the judge. It is filled out in free form and contains the following information:

  • the full name of the institution of the judiciary;
  • document's name;
  • F. I. O. of the plaintiff.
  • basic personal data of a citizen who is a non-payer (full name, date of birth, address of registration and residence, place of work, etc.);
  • basic information about children;
  • list of attached documents;
  • information about any documentation proving the fact of non-fulfillment of obligations to transfer funds;
  • alimony claims.

An example of a sample form of a claim for alimony is presented below:

The required sample of the statement of claim can be obtained directly from the court office or independently found on specialized Internet resources.

The documents

What documents are needed to file a claim? The following package of documents must be attached with the application:

  • the original birth certificate of the child (in the case of alimony for a person who has reached the age of fourteen - his passport);
  • certificate of the amount of income received by the plaintiff, drawn up according to the unified form of form 2-NDFL;
  • extract from the house book about the address of registration;
  • information about the composition of the family;
  • a copy of the certificate of marriage and divorce (if any);
  • a certificate, which should contain a stamp of a medical and social examination on the assignment of a disability group (if any);
  • any other documentation confirming the existence of family ties or an unfavorable financial situation.

Where to file a claim for child support

How to file for child support after a divorce? As already mentioned, in order to initiate the debt collection procedure, you need to draw up an appropriate statement of claim and go to the Magistrate's Court at the payer's place of residence. The document must be submitted to the secretary of the judge or the Judicial Collegium of the Russian Federation.

It can be served in several ways. The claimant may apply:

  • by personal visit to the institution of the judiciary;
  • at the MFC;
  • submit an application online through the state Internet portal of the State Services.

It is worth adding that immediately before sending the application, the plaintiff will need to pay the state tax fee (state duty). Its size is 150 rubles.

Documents for the payment of alimony to the mother

What documents are required when filing a claim for child support? Their list is different from the standard. It includes:

  • copies of the passports of the plaintiff and the defendant;
  • certificate of registration and divorce (if any);
  • the original birth certificate of the child or a certificate from the antenatal clinic confirming the fact that the woman is on maternity leave;
  • directly the application for the recovery of alimony payments;
  • other documentation confirming the existence of grounds for receiving the described payments.


Alimony for an adult child

Along with minors, children aged 18 to 23 who are studying in an educational institution also have the right to receive alimony payments. In this case, the basis for filing a claim is the fact that the child cannot be engaged in labor activities due to education, therefore, he is not able to provide for himself.

You can download any sample application below for free.

If the persons are married

Registration of obligations for the monthly transfer of funds for maintenance can occur in relation to the father or mother of the child with a valid marriage. This is possible in the case when one of the parents does not live with the child and does not take part in its maintenance, from a material point of view.

Civil marriage

Persons in a civil marriage, that is, their family relations were not officially registered through the civil registry office (registry office), also have the obligation to support common children. Accordingly, when one of the parents does not take part in this, the second can initiate the procedure for collecting alimony by going to court.

Court Order - Changes When Filing a Claim

Important information for spouses applying to the court. From July 1, 2016, all statements of claim that do not require establishing paternity (maternity) or challenging it, as well as involving other interested parties, must be drawn up as an application for issuing a court order.

All applications not filed as indicated in the example will be returned to the claimant.

Jurisdiction in the recovery of alimony

Evasion of imposed duties and non-payment of alimony rewards is punishable in accordance with the current legislation of our state. In relation to the non-payer, enforcement proceedings are initiated to collect the debt. The court may initiate the following procedures for debt collection:

  1. Accrual of interest on unpaid alimony in the amount of half a percent of the payment amount for each day of delay.
  2. Arrest and sale of property on account of a debt under alimony obligations (apartments, houses, vehicles, etc.).
  3. Arrest of bank accounts.
  4. Recovery of a certain part of the wages of the defendant.
  5. Deprivation of parental rights.
  6. Deprivation of the right to drive a vehicle for a period until the full repayment of the debt.

In addition, there is such a thing as deliberate evasion of alimony. It includes situations where the payer does not fulfill his obligations without good reason, because he simply does not want to. In this case, the recovery procedure used, the sanctions and penalties applied are significantly tougher.

Percentage or fixed amount when collecting alimony

When collecting alimony by applying to the court, their amount is established in accordance with the income of the defendant. It is determined by the number of children:

  • for one child - 25%;
  • for two children - 33%;
  • three or more - 50%.

At the same time, the amount of penalties and penalties for delay is additionally added to the calculated debt. A fixed amount of alimony payments can be established only if the obligations for their transfer were imposed by concluding a peace agreement between the parties to the conflict or in other exceptional cases.

Thus, refusal to fulfill obligations to pay alimony is punishable. Every parent needs to understand that divorce or moving away from the family does not relieve him from the need to support his children. The obligation to transfer funds can be formalized on the basis of a court decision or the conclusion of a mutual agreement.

The contract is drawn up by a notary in the presence of both parties. Appeal to the court is initiated by the filing of an application by the plaintiff

note

Alimony application.

Useful advice

The content and form of the statement of claim for the recovery of alimony. In scientific papers devoted to the study of the main categories of civil procedural law, the authors often raise the question of the relationship between a claim and a statement of claim. In the order of action proceedings, the case is also considered if the court order on the recovery of alimony for minor children is canceled by the judge himself.

Sources:

  • how to apply for child support

In the event of a divorce, one of the parents, who will subsequently live separately, must support the child financially until he reaches the age of majority. You can draw up a maintenance agreement through a notary public or in court.

You will need

  • - application (claim);
  • - receipt of payment of state duty;
  • - passports of both parents;
  • - passport (birth certificate) of the child;
  • - certificate of the place of residence of the child;
  • - certificate of marriage (divorce);
  • - certificate of the defendant's salary (if necessary).

Instruction

Choose how you would like to submit the required documentation. If the former spouses do not have disagreements about who and how will make the due payments, they can formalize them with a notary. To do this, a statement is drawn up, which is signed by both parties and then submitted to the lawyer for consideration. If there is any dispute between the father and mother of the child, it is necessary to draw up a statement of claim and submit it to the Magistrate's Court at the place of residence of the defendant (that is, the person who is obliged to pay alimony, but evades this obligation). In some cases, it is allowed to file a claim at the place of residence of the plaintiff.

Start gathering the documents you need to start legal proceedings on the payment of alimony. First, you can pay the appropriate state duty (for example, at Sberbank) and get a receipt. The details for payment will be prompted by the staff of the court office. Then make a copy of the marriage certificates, the birth of the child, and also attach to the package of documents certificates of the place of residence of the child and the salary of the defendant (if relevant data are available).

Start filing your claim as soon as you have collected all the necessary documents. Study 131 articles of the Civil Procedure Code of the Russian Federation to draw up a document in accordance with all the rules. You can issue it in printed or handwritten form, be sure to put your signature at the end. In the application, indicate all the information you have about the defendant, including his full name of the defendant and contact details, as well as your details, to which the defendant will subsequently have to send payments by court order. Submit the package of documents and the completed claim to the court office in person or send it by mail. Within 5-10 days, the court will consider the application, accompanying documents in the case and notify you of the start date of the trial.

The issue of alimony is one of the most popular among those that the court has to decide daily. With proper preparation of the parties, one meeting is enough to settle everything. But for this it is necessary to follow the correct algorithm of actions.

Sample letter of claim for alimony

Execution of documents in court

A family that brings up joint minor children is doomed to solve divorce cases in court. Naturally, there is an option to discuss everything amicably and draw up an agreement with a notary, including the maintenance of children, but not everyone accepts it. So, what to do if your choice fell on going to court.

Recovery of alimony is possible in writ or lawsuit proceedings. The first option is easier and less time consuming. It may be worth considering applying for a court order before filing a lawsuit. According to Article 126 of the Code of Civil Procedure of the Russian Federation, the justice of the peace issues it unilaterally within five days after receiving the documents and without conducting judicial procedures. And if the defendant has not appealed against it in writing within 10 days, it comes into effect. The court order is also a writ of execution, therefore it is transferred to the bailiffs.

If the defendant appealed the document, this does not mean that you will have to forget about alimony. But more time and effort will have to be spent, since you will have to file a lawsuit in court.

When writing a statement of claim, one should be guided by Article 131 of the Code of Civil Procedure. It fully reflects all requirements.

So, in the document you need to specify:

  • The name of the court you are applying to
  • Full details of the claimant. Including all passport data, place of residence
  • Information about the defendant and the address of his registration or residence. If you do not know this data, you should indicate the last known address. Consider the fact that if the court does not provide data on the whereabouts of the defendant, his search will be initiated and at this point the case will be suspended. At the same time, you should not indicate deliberately false data - this is a reason to further recognize this decision as invalid.
  • Describe what constitutes a violation of legal rights and freedoms. State the rationale for child support payments
  • Describe the evidence that substantiates all claims
  • Determine the value of the claim. In this case, it will be equal to the amount of alimony for the year
  • Make a list of all documents that are attached to the statement of claim

In this case, these must be copies of the birth certificates of children. A copy of the marriage certificate, or its dissolution, a certificate from the place of work of the alimony payer and his salary (if the plaintiff has such data). You can also provide a certificate from the housing authorities, on the location of the applicant's dependent children and similar documents.

Based on their experience, the lawyers of the company "" who specialize in family law, recommend carefully preparing already at the stage of filing a claim. The more documents are collected initially and submitted to the court, the easier the further process will be for you.

If the defendant provides financial assistance, but you think its amount is not sufficient, this should be indicated in the statement of claim. And what is much more important - to correctly substantiate for what reason. Keep in mind, alimony can be assigned either as a percentage of wages, or as a fixed amount, or use a complex that combines both options.

You can sue for alimony for minor children not only when you are divorced, but also when you are married and even living together. In this case, you will need to indicate what the defendant spends his money on. It is highly desirable that you (besides words) have an evidence base. These can be checks from stores confirming expensive or unrelated purchases to children, witness statements.

What documents to bring to court

In addition to the claim, you will need:

  • Passport
  • Certificate of marriage or divorce
  • Birth certificates of minor (joint with the respondent) children
  • An extract from the house book, which contains confirmation of the children living together with the plaintiff.

It is advisable to submit together with the application a certificate of income of the plaintiff and the defendant, as well as documents indicating what deductions are made from the defendant under other writ of execution (if any). But the last two points are not always possible to fulfill. Tritely, the plaintiff may not know where the defendant works. In this case, the court has the right to request these documents independently.

The court is obliged to consider the issue of accepting the statement of claim for proceedings and make a ruling within 5 days from the date of its filing. By the way, you can submit documents in person during the reception days, send them by mail or fill out a form on the court's website. This option is only available to those who have an electronic signature. Moreover, the electronic form does not always allow describing all the circumstances of the case. Therefore, it is better to write a statement with your own hand, with the support of a lawyer.

After reviewing the documents, the judge has the right to refuse to accept the statement of claim and return it. The grounds for this are:

  • Documents submitted by a person who was declared legally incompetent by a court decision
  • The document is signed by a person who does not have the right to sign such requirements
  • The document was submitted by an unauthorized person
  • This case is already pending in another court.
  • Return claim filed

If the judge returned the statement of claim - this is not a reason to despair. It can be re-submitted, eliminating all the shortcomings. But if the plaintiff was denied acceptance of the application, then it is no longer possible to submit it with the same requirements. Refusal will necessarily follow if the claim is filed by a person whose rights are not violated, or this application was considered earlier.

The first meeting, and if you're lucky, then the last, will be scheduled within a month from the date of filing the claim. It should be borne in mind that, regardless of the duration of the process, the payment of alimony begins from the moment the court accepts the documents for work, and not from the moment the decision is made.

The defendant has 1 month to appeal the decision.

How to win a child support case

In order to feel confident in court, you will have to study the rules of family, procedural, substantive law; be able to draw up documents, know what evidence will be required and be able to collect it and have confidence and oratorical talent. If you understand that this trial is not just one time, but the case is serious, it’s better to immediately specialize in family law.

Before the court session, the judge must appoint the parties a "conversation". You can not come to it and nothing is provided for it, however, it is better not to neglect such an opportunity. During the conversation, the judge will find out the positions of the parties. Already at this stage, you can declare witnesses, make petitions, provide evidence.

During the court session itself, behave with restraint, not defiantly and without unnecessary nerves. Even if one of the parties provides untrue, in your opinion, information, you should not shout about it to the whole room. Tell your lawyer about this (and this is another reason why a lawyer is needed in alimony cases), he will ask questions in a way that will bring the opponent to clean water. This art is taught to specialists in universities and they hone their skills in practice.

To win the case, you need to collect evidence. For example, the defendant claims that he does not have money to pay child support and asks for a minimum amount. At the same time, it is known for certain that he bought an expensive car and registered it with his retired mother. Or the plaintiff claims that the defendant has not been interested in the child for several years now and does not participate in its maintenance. At the same time, the defendant provides the court with photographs from a vacation together with the child, receipts for the purchase of clothing and equipment for the minor.

Comparing all the facts, the court makes a decision. Therefore, the collection of evidence should be taken seriously. All qualified lawyers will confirm that there are no trifles in this case. And if this fact seems insignificant to you, then the lawyer, with his help, is able to win the case.

In "alimony" cases, the courts take into account the material support and living conditions of the children until the dissolution of the marriage of the parents. And they try as much as possible to make a decision that will not affect their financial well-being.

Keep in mind, if the judge made a decision with which you do not agree, you have a month to appeal it to a higher authority. For the magistrate's court, this is the district court.;

How can a lawyer help when filing a claim for alimony?

It would seem that the woman did everything: she filed a lawsuit for alimony or a claim for the recovery of alimony for a child, she is waiting for help from the law and its ministers, but the result is either zero or unsatisfactory. This is because the unfortunate dad has already secured a certificate from the employer that he receives a penny, or got an unofficial job, and sometimes just hides.

In these cases, you can get financial support from the second parent only by applying to the world court with a claim for the recovery of alimony and enlisting the support of an experienced lawyer. This is a common practice that is used to quickly resolve problems.

Why is it sometimes difficult to write an application for child support?

In addition to understandable bureaucratic difficulties, filing an application for alimony is also complicated by psychological difficulties. Russian women often feel guilty when they decide to file a child support claim with the court; it is fueled by scandals from the former spouse and his family.

A family law attorney takes the stress out of litigation. Even if you just consult with a specialist, you will receive the necessary knowledge and confidence to successfully deal with a defaulter.

How to file a claim for child support?

Theoretically, the form of a statement of claim for the recovery of alimony can be downloaded from the court's website or any other legal resource, since it is largely standard. However, in most cases, it is much more beneficial to have all the documents prepared by the practitioner, taking into account your specific situation. Submission of an application for alimony may take place at the place of residence of the mother or child, since this is more comfortable for the plaintiff.

Alimony is often formalized by a voluntary agreement between parents. If you agree on the recovery of child support, it will be enforced. The law provides for two ways to receive financial support:

  • by court order;
  • By the tribunal's decision.

Order or decision

For clearance court order An application for the recovery of alimony is submitted to the Magistrate's Court when:

  1. There is no paternity dispute.
  2. There is no need to hear third parties.
  3. Recovery is a percentage of income.

Advantages of obtaining a court order in comparison with a lawsuit:

  • consideration period 5 days;
  • there is no need to attend court sessions;
  • immediately sent for execution.

If it is not possible to receive an order, it is prepared statement of claim for the recovery of alimony. You also need to file a lawsuit if the defendant contested the court order. The respondent has 10 days to do so.

Sample application for issuance of a court order for the recovery of alimony

Drafting

The application contains blocks:

  • the name of the court where it is being filed;
  • details of the parties;
  • the essence of the appeal;
  • justification for the request;
  • Attached documents;
  • date and signature of the applicant.

Required Applications:

  • copies of the certificate of registration and divorce;
  • a copy of the birth certificate;
  • justification of the defendant's income;
  • proof of residence of the minor with the plaintiff.

Below you can download the application form for the issuance of a court order for the recovery of alimony.

How to apply?

The sample application for the recovery of alimony, offered on the site, will give a basic understanding of what needs to be indicated. In each individual case, adjustments are possible, depending on the family situation and the financial condition of the parties.

An application for the recovery of child support is submitted to the court on the basis of territorial affiliation. It is legally allowed to file papers in court at the place of residence of the plaintiff, but in general, at the place of residence of the defendant.

Why the application may not be accepted

Application will not be accepted if:

  • standards of jurisdiction are violated;
  • pre-trial settlement of the dispute was not carried out;
  • the appeal is incorrectly executed, there is no data or the signature of the applicant;
  • the applicant is incompetent;
  • the case is already in court;
  • request to withdraw the application.

Carefully study the sample for the recovery of alimony before drawing up your document. This will reduce your risk of being rejected.

Sample statement of claim for the recovery of alimony for a child (children)

As indicated, if it is necessary to recover child support in a fixed amount of money, or if there is a dispute about paternity, then you need to prepare a statement of claim. Below you can download a sample application for the recovery of alimony.

The body of the claim contains information about the essence of the dispute, the petition is substantiated, the details of the court and the parties to the case are indicated. It is assumed that the statement of claim for the recovery of alimony for a child contains a petition for the involvement of witnesses, a request for information necessary for the court. But it is not forbidden to make such petitions after.

A claim for the recovery of alimony is filed from birth to the age of majority of the child. In addition, it is allowed to request alimony payments for the past months (maximum for three years).

Refusal or return of the claim

The first hearing in the case is scheduled after 5 days. At the first hearing, the court decides whether to accept the claim or refuse the plaintiff. Refusal is possible for several reasons:

Lawyer of the Board of Legal Protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.

According to Family Code of the Russian Federation, Parents have the right to independently determine the procedure for providing maintenance. If a compromise is not found, then alimony is collected by force. The legislation provides for both a simplified method of recovery, in which the interested person files an application for a court order, and the filing of a statement of claim.

Which is better - a court order or a statement of claim

Justified in the absence of a dispute as to the legitimacy of the applicant's claims. If the defendant does not recognize the claims made against him, or the claimant's statement contains a petition related to the establishment or contestation of paternity (maternity), a petition to involve third parties in the case, to collect alimony in, then the application is filed in a lawsuit, implying a court session and summoning the parties .

The advantage of a court order is the speed of its issuance. To do this, the statement of the claimant is sufficient. Within 5 days after the receipt of the application, the judge alone, without conducting a trial, issues an order. In addition, the order itself is an executive document, that is, there is no need to receive a writ of execution on the basis of a court decision.

However, this method of recovery has a significant disadvantage, which is that it is enough for the defendant to submit objections within a period equal to 10 days from the moment he received the document, and the order will be canceled.

In this case, the claimant will have to file a claim.

In addition, filing a claim allows you to recover not only alimony, but also funds for additional expenses, as well as for your own maintenance (for example, in connection with pregnancy or). An application for issuance of a court order should be filed in cases where the defendant recognizes the claims of the exactor, but no compromise has been reached between the parties regarding the procedure and method for paying maintenance. In other situations, a claim is made.

How to file a claim for the recovery of alimony?

A statement of claim for the recovery of alimony is filed at the site of the magistrate both at the place of residence of the defendant and at the place of registration of the needy person. In this case, the applicant is exempted from paying the state fee.
The claim must contain the following information:

  • Name and address of the court district to which the application is sent;
  • Name of the plaintiff, telephone number, address of residence and work, as well as date and place of birth;
  • Full name of the defendant, telephone number, address of registration and work, date and place of birth;
  • Information about whether the parties were (are) married, about the relationship of the child and the defendant, as well as about the financial assistance provided by the defendant or the absence thereof;
  • References to the articles of the Family and Civil Procedure Codes of the Russian Federation, which establish the right of a needy person to file a claim for the recovery of alimony, as well as regulating the filing of this application;
  • Claimant's claims indicating the amount of alimony that the plaintiff considers necessary to recover.

The application is drawn up in writing, signed by the plaintiff or his representative, whose authority must be confirmed by a notarized power of attorney.

The following documents must be attached to the claim:

  • A copy of the application;
  • A copy of the applicant's passport;
  • A document confirming the registration of the dissolution (conclusion) of marriage;
  • Birth certificate of the child;
  • An extract from the house book, which confirms that the child lives with the claimant;
  • Documents on the regularity and level of income of the plaintiff and the defendant;
  • Documents on deductions from the defendant, made according to executive documents (if any).

In addition to collecting alimony, the plaintiff may simultaneously make other demands, for example, ask the court to dissolve his marriage with the defendant, or establish paternity (maternity). In addition, the applicant has the right to ask the court to set maintenance in a fixed amount of money, and not, or to establish a mixed method of paying maintenance (withhold a percentage of the main income and a fixed amount from the additional one). Also, the plaintiff may apply for the recovery of alimony from the defendant for the previous three years.

The procedure for considering a claim by the court

Within 5 days from the date of filing the claim, the judge considers the issue of accepting it for proceedings and issues a ruling. According to Articles 134, 135 of the Code of Civil Procedure of the Russian Federation, The justice of the peace has the right not to accept the claim or return it to the applicant in the following cases:

  • The case is not within the jurisdiction of this judge;
  • When drawing up the claim, the requirements for its form were not observed;
  • The case was considered earlier, the dispute was resolved;
  • The application is not signed by the plaintiff;
  • The application is filed by a person recognized as incompetent;
  • Documents that confirm the validity of the claims of the plaintiff are not attached.

The court must issue a ruling on refusal to accept the application, a copy of which shall be sent to the recoverer within 5 days. The plaintiff has the right, no later than 10 days from the moment when the ruling was issued, to draw up a private complaint against him. The complaint is filed against the magistrate's precinct and must be addressed to the district court.

If the application is accepted, it is considered on the merits within a period not exceeding one month from the date of filing the claim. The decision is handed over to the parties who have the right to appeal against it within 10 days. In this case, the accrual of alimony begins from the date when the corresponding application was filed, and not from the day when the court decision entered into force.

During the course of the trial, a plaintiff who has no means of subsistence may file a motion for temporary collection of alimony from the defendant until the process is completed.