Acknowledgment of paternity and recovery of alimony in court. Statement of Claim on Establishment of Paternity

There are effective ways to prove paternity and collect alimony money from the biological parent. The procedure and the list of necessary documents for establishing paternity and collecting alimony are determined by the legislation of the Russian Federation.

Parents are obliged to support their minor children

In accordance with part 1 of article 80 of the Family Code of the Russian Federation (SK RF) “parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. Parents can settle the issue of the payment of alimony out of court by drawing up and notarizing an agreement on the payment of alimony. The form and procedure for drawing up are established by Chapter 16 of the Family Code of the Russian Federation. "

Recovery of alimony in court

In case of refusal to fulfill the obligation to support a minor child, money or material assets in payment of alimony can be recovered through the court. To do this, you should go to the magistrate's court at your place of residence or at the place of residence of the father of a minor child.

A statement of claim for the recovery of alimony is drawn up and submitted. It must be drawn up in accordance with the requirements contained in Article 131 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). Be sure to provide a photocopy of the statement of claim and a package of accompanying documents, namely:

  • a document confirming the payment of the amount of the state fee (receipt);
  • a photocopy of the passport of the person filing the claim;
  • a photocopy of the marriage registration (dissolution) certificate (if any);
  • a photocopy of the child's birth document;
  • documents that can prove that the defendant can really be the father of the child;
  • document (extract) from the house book from the place of residence of the child.

The money for the payment of alimony can be collected through the court

Procedure for the Court's Consideration of an Application for the Necessity of Collecting Alimony

After the plaintiff has filed an application, the court has 5 days to consider the possibility of accepting the case for proceedings. In case of a positive decision, the court undertakes to consider the above application on the merits within a period not exceeding one calendar month from the date of filing the claim. The parties have the right to appeal the decision within 10 days.

Articles 134, 135 of the Code of Civil Procedure of the Russian Federation provide a list of conditions under which a judge can return a claim to an applicant, namely:

  1. the jurisdiction of the case does not correspond to the magistrate;
  2. the claim is not in proper form;
  3. the applicant's signature is missing;
  4. this case with these persons has already been considered, and the judge made a decision on it;
  5. the plaintiff's incapacity has been proven;
  6. there is no package of accompanying documents.

If the plaintiff does not have material means of subsistence, he may, in the course of the court session, file a petition for the temporary recovery of money on account of the provision of alimony.


There is a procedure for proving paternity

The procedure for collecting alimony described above is practically the same for both children born in wedlock and for children born out of wedlock. An exception is the situation when a person refuses to admit the fact of his paternity. In this case, a procedure for proving paternity is provided.

Initiation of a case for the recovery of alimony

Often it is not possible to resolve the issue of establishing paternity and recovering alimony peacefully, and the alleged biological dad refuses to recognize himself as the child's father. Then this fact can be proved in court.

In accordance with Article 49 of the RF IC, not only the mother, but also other persons can apply for the establishment of paternity and the recovery of alimony. This can be a person who has assumed the obligations of custody and guardianship, the one on whose account the child is.

In some cases, specified in article 123 of the RF IC, the guardianship and guardianship authorities may become the initiator of the case for the recovery of alimony. If none of the above persons considered it necessary or had the opportunity to collect alimony, then the child himself, when he turns 18, can file a claim for alimony.



The child himself, when he turns 18, can file a claim for child support

This category of cases is considered by courts of general jurisdiction. It is necessary to submit a statement of claim to the court to establish paternity. The form and content are established by article 131 of the Code of Civil Procedure of the Russian Federation. It is important to provide an accompanying package of documents with the application.

Proof of paternity in court

You should also collect and submit all evidence that may become grounds for recognizing the defendant as the father of the child. These can be photographs, audio recordings of telephone conversations, video materials confirming that both parents lived together or that the alleged dad recognized paternity.

It is important to use the testimony of third parties in court for proof. The grandparents of the child, persons living in the neighborhood with the plaintiff or the defendant, colleagues from work or from the university, relatives and acquaintances of the applicant and the alleged dad can act as witnesses.

Accounting documents from the defendant's place of work can also prove the fact of paternity. You can use an application for financial assistance or a property deduction in connection with the birth of a child. It happens that it is not possible to present evidence or the defendant continues to deny paternity. In this case, you can use an effective method - a medical examination.


Biomedical examination the most substantial evidence

Biomedical examination

Biomedical expertise can be one of the most significant pieces of evidence. It can be initiated by the court. Now the most often used examination is based on DNA analysis, with its help it is possible to prove paternity with a probability of 99.9%. This is a rather expensive procedure and the costs of its implementation can be borne by the defendant.

This will happen if the examination establishes that the defendant is the biological father of the child. If the alleged father deliberately evades the biomedical examination, the court considers this as evidence for recognizing him as the father of the child.

Possibility of voluntary proof of your paternity

A man has the right to recognize himself as the father of a child and initiate the procedure for establishing paternity. To do this, he applies to the bureau of forensic medical examination, draws up the relevant documents and provides the necessary genetic material. The need for voluntary recognition of paternity arises if an illegitimate child is born. Then it is necessary to register the fact of paternity with the registry office.


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Sizing

Up to 25% - for one child;
up to 33.33% - for two children;


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The fact is, for children born out of legal marriage, there is no unconditional determination of the identity of the father upon the birth of the child, therefore, the procedure for recognizing paternity plays a very important role for them. This can be done at birth by writing, with the consent of the Pope, data about the father in the Birth Certificate, but if this was not done right away, then paternity will have to be proven in court.

In the second case important point is the recognition of the fact of paternity by the common-law husband himself. Indeed, in the absence of his goodwill, the mother will have to independently provide the court with evidence that this particular person is the second parent. In such cases, the court makes a decision, taking into account the persuasiveness and indisputability of the plaintiff's arguments, and this will require really weighty arguments, up to the provision of the results of a genetic examination.

Only upon establishing this fact, you can go to court to consider the issue of the appointment of alimony for a child out of wedlock.

Sizing

As a general rule, if the parents did not conclude agreements with each other on the amount of alimony for their children, then the court, in accordance with Article 81 of the Family Code of the Russian Federation, decides to collect monthly alimony from the parent in the following percentages of the total income:

Up to 25% - for one child;
up to 33.33% - for two children;
up to 50% - for three or more children.
The specific size is established by the court, after examining the material and family status of the parties to the case.


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Ekaterina

Hello, you need to file a paternity and child support claim.
The procedure for establishing paternity depends on whether he is married to the child's mother. If the marriage is registered at the registry office, it is enough to present a marriage registration certificate. If the marriage is dissolved, but no more than 300 days have passed since that day, the registry office will also establish the paternity of the ex-husband. If the parents are not married, paternity is established by their joint application to the registry office or by a court decision.
The basis for going to court to establish paternity will be a situation when the parents are not married and cannot resolve the issue of paternity on a voluntary basis. Parents or guardians (trustees), as well as the child himself, after reaching the age of majority, have the right to present such a request.
As evidence in the case, you can use any means of evidence confirming the origin of the child from a specific person (for example, photographs, videos, correspondence of the parties, testimony of witnesses). One of the indisputable evidence in the case is the conclusion of the forensic examination. However, the plaintiff must file a petition for a genetic examination, the court will not do this on its own initiative. Simultaneously with the requirements for establishing paternity, it is possible to declare the recovery of alimony for the maintenance of the child. We advise you to look at a sample application for the issuance of a court order for the recovery of alimony, which contains recommendations on how to draw up an application and submit it to the court.
The statement of claim for the establishment of paternity is submitted in a general manner to the district court at the place of residence of the defendant. The plaintiff is exempted from paying the state duty when filing a claim, since the claim is aimed at protecting the interests of the child.


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Alimony is collected from parents for the maintenance of children. Since your child does not have a father, there is no one to collect alimony from today. Therefore, in order to talk about alimony, you must first establish paternity in court. Paternity is established by way of action in the presence of evidence of paternity. Expertise is only one of them, and no one will appoint it just like that.

But if you have evidence of cohabitation, there are witnesses, there are common photographs, etc., then I fully admit that the court can order an expert examination of the case. There is a defendant - the alleged father of the child, will evade its passage; the court has the right to recognize his paternity.

Together with the requirement to establish paternity, you can file a claim for the payment of alimony. And if paternity is established, the court will also exact alimony.


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Hello!

It is impossible to file for alimony without establishing paternity. You need to file a statement of claim in court to establish paternity and recover alimony. In court, you need to prove paternity with the help of witnesses, photographs, or during the process you can apply for a DNA examination.

List of required documents:
Appendix:
1. A copy of the child's birth certificate
2. Certificates of salary of the plaintiff and the defendant
3. Documents confirming the claim
4. Receipt of payment of the state fee
5. A copy of the claim for the defendant.


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Good answer Bad answer

Alimony is collected from parents for the maintenance of children. Since your child does not have a father, there is no one to collect alimony from today. Therefore, in order to talk about alimony, you must first establish paternity in court. Paternity is established by way of action in the presence of evidence of paternity. Expertise is only one of them, and no one will appoint it just like that. But if you have evidence of cohabitation, there are witnesses, there are common photographs, etc., then I fully admit that the court can order an expert examination of the case. There is a defendant - the alleged father of the child, will evade its passage; the court has the right to recognize his paternity. Together with the requirement to establish paternity, you can file a claim for the payment of alimony. And if paternity is established, the court will also exact alimony. The cost of the examination is about 30,000 rubles. You, the plaintiff, will need to pay for it. If paternity is established, then you will cease to be a single mother forever.


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The procedure for establishing paternity depends on whether he is married to the child's mother. If the marriage is registered at the registry office, it is enough to present a marriage registration certificate. If the marriage is dissolved, but no more than 300 days have passed since that day, the registry office will also establish the paternity of the ex-husband. If the parents are not married, paternity is established by their joint application to the registry office or by a court decision.

The basis for going to court to establish paternity will be a situation when the parents are not married and cannot resolve the issue of paternity on a voluntary basis. Parents or guardians (trustees), as well as the child himself, after reaching the age of majority, have the right to present such a request.

As evidence in the case, you can use any means of evidence confirming the origin of the child from a specific person (for example, photographs, videos, correspondence of the parties, testimony of witnesses). One of the indisputable evidence in the case is the conclusion of the forensic examination. However, the plaintiff must file a petition for a genetic examination, the court will not do this on its own initiative.

Simultaneously with the requirements for establishing paternity, it is possible to declare the recovery of alimony for the maintenance of the child. We advise you to look at a sample application for the issuance of a court order for the recovery of alimony, which contains recommendations on how to draw up an application and submit it to the court.

The statement of claim for the establishment of paternity is submitted in a general manner to the district court at the place of residence of the defendant. The plaintiff is exempted from paying the state duty when filing a claim, since the claim is aimed at protecting the interests of the child.


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The popularity of civil marriages has given rise to a large number of single mothers who have given birth and are raising children without official recognition by the father of his status, and, therefore, without the emergence of rights and obligations in relation to his own child. The need to go through the paternity procedure arises when the issue of keeping the baby born is not settled between the parents.

Why is paternity established?

Going to court to establish paternity, both on the part of the mother and on the part of the father, can pursue not only disinterested goals. Of course, it is impossible to say that with the appearance of the father on paper, he will certainly appear in the life of the child. It is not uncommon for a mother to go to court again after passing this procedure, but already with a claim to deprive a person of the rights granted to him.

For the child's dad, obtaining official status means a possible obligation to pay alimony and the appearance of an heir. For the mother, this is the impossibility of changing the child's place of residence, his surname, or going abroad without providing the appropriate written permission.

The difficult financial situation makes it necessary to demand alimony payments from negligent parents. It is not worth counting on the fact that a carefree parent will not try to hide his real income. The amounts ordered by the court may differ materially from the expected level. At the same time, a minor may have obligations to support an elderly father, and the mother will lose her own status as a single mother and will not be entitled to receive certain benefits and social benefits.

Who are the payers of child support for children born out of wedlock

The birth rate of illegitimate children throughout Russia reaches 1/3 of the total number of all newborns. This indicator is also associated with the fact that a large number of women decide to give birth to a child exclusively "for themselves", without planning further participation of the biological dad in the child's life.

In the event that the father is known to the mother, but at the same time he is in every possible way from his responsibilities for the upbringing and maintenance of the offspring, a single mother has the right to demand the imputation of alimony obligations to the person in respect of whom paternity will be established.

Legislators do not make any distinction between children born and outside of it. Therefore, the emergence of the obligation of parents to support children is associated precisely with the official establishment of their origin.

Voluntary order

The birth of a child outside the marriage union may result in the absence of an entry about the parent in the corresponding column of the certificate. A parent who expresses his own desire to recognize his biological connection with the baby has the right, together with the child's mother, to submit an application to the registry office of Fr. Thus, the man recognizes the baby, and the woman confirms her consent to this.

This legal act can only be carried out by those persons who are not in actual marriage. It gives rise to the emergence of mutual rights and obligations between all participants in family relations.

Committing a legally significant action requires a man to have full legal capacity and personal will. At the same time, the provisions of the IC provide the right to recognize their own paternity by minor parents. The limitation of legal capacity will apply only to the property rights of such a person.

A joint application from unmarried parents is submitted to the registry office at the place of residence of one of them or the place of registration of the fact of the birth of the baby. The inability to submit a joint application gives the right to submit separate applications, while the signature of the person who does not have the possibility of personal presence must be certified by a notary.

Parents have the right to submit this document both at the time of registration of the fact of birth and in the future. Submission of documents in the future requires the presentation of a baby's birth certificate.

There are a number of circumstances that justify the preliminary filing of such an application and the establishment of the legal status of a parent even during a woman's pregnancy.

To carry out an advance procedure, you must provide evidence:

  • Circumstances giving reason to believe that filing documents with the registry office in the future will be impossible or too difficult (presence of a serious illness, planning an upcoming long business trip, long-distance travel, etc.);
  • The fact of pregnancy, which is confirmed by a certificate from a medical institution.

The registered documents will be stored in the registration authorities until the birth of the child, after which they will be used to make the appropriate entries in the first documents of the baby.

A parent who has submitted a personal application has the right to refuse it until the moment of its actual execution.

Paternity through the registry office can also be established for the mother, for which permission from the guardianship and guardianship authorities will be required. The refusal of these bodies does not affect the possibility of going through the procedure in court.

Judicial order

The absence of a joint statement to the registry office is the reason for resolving the issue of establishing the fact of paternity.

A claim can be brought to court by one of the parents, guardian or trustee, persons with whom the minor is dependent, or by the child himself. The legislator has not limited the time limit for the presentation of these requirements.

In the trial, it may be necessary to conduct an examination, which will give answers to questions about the origin of the child. The Code of Civil Procedure does not endow the conclusions of the experts with more probative force than other documents that will be available in the case materials.

Based on all available evidence, the court has the right to make a decision on recognizing the father's status for the defendant or refusing to recognize him as such.

Establishment of relationship with simultaneous recovery of alimony

Submission of claims for the collection of amounts, as a rule, is carried out in conjunction with the establishment of the biological affiliation of the child to the father. Establishment of paternity in court is a direct justification for collecting alimony payments from him, which is carried out as a general rule, from the date of filing a claim.

The collection of funds for material support of the child is excluded.
The decision of the judicial authorities on the appointment and collection of maintenance deductions is subject to execution immediately.

Posthumous establishment of paternity

The emergence of legal difficulties in the use of property rights is typical for those cases when paternity was not established during the life of the parent.

The procedure is necessary if it is impossible to obtain the inheritance mass, when assigning social security associated with the loss of a breadwinner and compensation for harm caused to the deceased. Establishment of kinship after the death of the alleged father is possible only in the course of legal proceedings.

02.01.2019

Does the father not recognize the child? Need to recognize paternity and collect child support? Download the Paternity Statement of Claim. Make a claim based on our recommendations. Ask questions. if something is not clear.

Grounds for establishing paternity

Every child actually has a father and mother, to whom he owes his birth. However, for the emergence of responsibilities between parents and children, it is required that their paternity (motherhood) be formalized by issuing a birth certificate by the registry office, or established by a court decision.

Maternity is established on the basis of medical documents issued at the maternity hospital, or other documents if the birth took place outside a medical institution. In the absence of confirming the fact of the birth of a child from a mother, motherhood is established on the basis of a court decision.

The procedure for establishing paternity

The procedure for establishing paternity depends on whether the father is married to the mother of the child. If the marriage is registered at the registry office, it is enough to present a marriage registration certificate. If the marriage is dissolved, but no more than 300 days have passed since that day, the registry office will also establish the paternity of the ex-husband. If the parents are not married, paternity is established by their joint application to the registry office or by a court decision. If the person who recognized himself as the father of the child died, it is filed with the court.

The basis for going to court to establish paternity will be a situation when the parents are not married and cannot resolve the issue of paternity on a voluntary basis. Parents or guardians (trustees), as well as the child himself, after reaching the age of majority, have the right to present such a request.

Statement of Claim on Establishment of Paternity

As evidence in the case, you can use any means of evidence confirming the origin of the child from a specific person (for example, photographs, videos, correspondence of the parties, testimony of witnesses). One of the indisputable evidence in the case is the conclusion. However, the plaintiff must declare, the court on its own initiative will not do this.

Simultaneously with the requirements for establishing paternity, it is possible to declare the recovery of alimony for the maintenance of the child. We advise you to look at a sample, which provides recommendations on how to draw up an application and submit it to the court.

The statement of claim for the establishment of paternity is submitted in a general manner to the district court at the place of residence of the defendant. The plaintiff is exempted from paying the state duty when filing a claim, since the claim is aimed at protecting the interests of the child.

Sample statement of claim on establishing paternity and collecting alimony

A sample statement of claim on establishing paternity and recovering alimony was prepared taking into account the current provisions of family law, clarifications of the Supreme Court of the Russian Federation on issues related to establishing the origin of children.

V ___________________________
(name of the court)
Plaintiff: _______________________
(Full name, address)
Defendant: _____________________
(Full name, address)

Statement of Claim on Establishing Paternity and Collecting Alimony

With the defendant _________ (full name), I had a close relationship with "___" _________ ____ to "___" _________ ____. During this period, approximately "___" ________ ____, I became pregnant. I informed the respondent about the fact of pregnancy, to which he _________ (indicate how the respondent reacted).

"___" _________ ____, I gave birth to a child _________ (full name of the child). When registering a child with the registry office, the defendant refused to submit an application for registration of paternity, therefore the child is recorded in my last name, in the column "Father" the father's last name, first name and patronymic are indicated from my words (or there are dashes).

The defendant evades the extrajudicial procedure for establishing paternity, does not provide material assistance for the maintenance of a minor, the child is on my full support.

The paternity of the defendant in relation to _________ (full name of the child) is confirmed by _________ (provide a list of evidence proving cohabitation, running a common household, and recognizing the defendant as the father of the child).

It is necessary to recover child support from the defendant.

Based on the foregoing, guided by Articles 49, 80-81 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

  1. Establish that _________ (full name of the defendant, date and place of birth) is the father of _________ (full name of the child, date and place of birth).
  2. To collect from the defendant _________ (full name of the defendant) alimony for the maintenance of _________ (full name of the child) in the amount of ¼ earnings and other income on a monthly basis, until his majority.

Application:

In confirmation of the defendant's paternity, I ask you to call two witnesses: _________ (name of witnesses, address).

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the statement of claim
  2. Copy of the child's birth certificate
  3. Evidence Establishing Cohabitation and Common Household
  4. Evidence Supporting Arguments for Establishing Paternity
  5. Certificate of residence of the child together with the plaintiff

Date of filing the application "___" _________ ____, Signature of the plaintiff _______

If the dad does not recognize his child and refuses to pay the established alimony, then his mother or any legal representative has the opportunity to file a claim for establishing paternity in court. If the facts provided prove paternity, then the bailiffs have the right to recover from the defendant, in addition to the alimony itself, and a penalty.

A petition for establishing paternity and collecting alimony is sent to the district judicial authority, which is located at the address of residence of the applicant or the defendant. A claim can be filed at any time. Also, at the trial, the plaintiff can collect alimony from the defendant.

Read in the article about the methods of establishing paternity, how to collect alimony through the court through the father and what documents are needed for this.

How to establish paternity and collect alimony in court?

According to the provisions of the Civil Code, paternity through a judicial authority is established in two cases:

  • parents live in a civil marriage;
  • the paternity application was not submitted to the registry office.

If the father does not have a certificate from the guardianship authorities, he can be recognized as a parent if the mother:

  • died;
  • declared incompetent;
  • was deprived of parental rights;
  • missing.

Procedure for establishing paternity:

Step 1. Submission of the application and documents to the district court at the location of the defendant.

The application has the right to submit:

  • one of the parents;
  • guardian of a minor;
  • a child who has reached the age of majority;
  • a person who is dependent on a minor.

The application can be submitted:

  • by registered mail;
  • through a representative;
  • to the office of the judicial authority.

Step 2. Payment of state duties... The amount of the state duty for filing a claim is 300 rubles.

Step 3. The judge will schedule a preliminary hearing.

Step 4. A decision is made. If, during the hearing, a potential father submits an application to the registry office for paternity, then the process ends positively.

Lawsuits regarding the establishment of paternity are not subject to the statute of limitations. Such cases can be considered at any time.

Most often, questions regarding the establishment of parental involvement in a child are resolved on the basis of DNA analysis. But not all judges are guided by it for several reasons:

  • analysis takes long time;
  • not all cities have special institutions for DNA testing;
  • examination is a rather expensive undertaking.

For a judge, DNA analysis is not the only indicator in establishing paternity. He examines all the documents provided, expertise, listens to the parties to the process and makes a decision.

In every lawsuit to establish parental rights, a DNA examination is required, but there are situations when only a medical certificate is enough. This is possible provided that the potential parent is not capable of conceiving children.

The court also cannot make a decision if the defendant does not appear at the hearing and does not provide material for the DNA test.

If at the hearing the fact of paternity was established, then the plaintiff may collect alimony from the defendant on the basis of a court decision.


According to the law, the Pope must pay monthly alimony in the amount of:

  • in the presence of 1 child - 1/4 of their arguments;
  • in the presence of 2 children - 1/3;
  • in the presence of 3 children - half.

Important! If the issue of establishing paternity is decided in relation to a child who has reached the age of majority, then his written consent is required.

After the court makes a decision, the defendant writes a statement to the registry office to establish paternity. The application can be completed by:

  • a person who is dependent on a minor;
  • a child who has reached the age of majority;
  • trustee;
  • guardian;
  • dad mom.

The certificate is issued on the same day after payment of the state fee in the amount of 2,000 rubles. Also, the applicant must provide:

  • identification;
  • the court's decision;
  • birth certificate of the child.

A notarized power of attorney is added to the list of documents, if the application is submitted by the father's representative.

A request for a certificate can be submitted directly to the registry office or sent electronically.

Required documents for the court

To file a statement of claim in court for the establishment of parental rights, the plaintiff must provide:

  • original application;
  • original and copy of the child's birth certificate;
  • check for payment of state fees;
  • all available evidence of the presence of family ties between the child and the father;
  • identification.

As evidence in establishing kinship, there may be:

  • audio-video recording of communication between the child and the father;
  • testimony of witnesses;
  • expert opinion;
  • written evidence.

Drawing up a statement of claim

The statement of claim on the establishment of paternity and the recovery of alimony must contain information:

  • about the legal address of the court and its name;
  • Name of the plaintiff and his contact details;
  • Full name of the defendant and his contact details;
  • about the situation that has arisen;
  • the date of pregnancy;
  • the date of birth of the minor;
  • evidence of presumptive paternity;
  • about a request to establish parental rights to the defendant.

In the final part of the petition, the plaintiff lists all the attached documents, writes the date of its preparation and puts his signature. The issue of recognizing paternity can be resolved before the court hearing if the application contains sufficient evidence of kinship.

Terms and conditions for filing a claim

To go to court to establish paternity or collect alimony, you do not need to wait for a certain moment. The limitation period does not apply to such appeals.

An exception is the situation when the child has reached the age of majority.

In a situation where the spouses have notarized an agreement on the payment of alimony, the limitation period is 3 years. The term is set from the moment when the agreement was terminated.

In the application for the recovery of alimony, the plaintiff can ask for payment for the last 3 years. The court may approve the petition if the plaintiff proves that:

  • the defendant did not pay alimony during the appointed period;
  • the plaintiff took steps to obtain alimony.

According to the legislation of the Russian Federation, alimony must be charged from the moment of going to court.