Both parents are obliged to raise and support their minor children, but life circumstances sometimes develop in such a way that families break up. In this case, one of the parents, the one who takes responsibility for the children, can file for child support in court or sign a payment agreement with the defendant. In different life situations, the procedure for filing a claim in court is different and requires the collection of a certain package of documents. It is worth considering in detail what documents are needed to apply for alimony, depending on the situation.

What documents are needed if the parents are married?

It happens that parents have not yet divorced, but do not live together or simply do not live together. In this case, you can collect Documents that should be provided:

• passport;
• application to court;
• birth certificates of children or their passports;
• certificate of family composition;
• receipt of payment of state duty;
• bank statement with account number;
• Marriage certificate.

With this package of documents you need to contact the magistrate at the place of residence of the defendant. In this case, the court will side with the plaintiff and oblige the defendant to take direct part in the maintenance of the children.

If not, you can take a second one at the registry office, this is not a reason to refuse payments. Just as in the case if spouses live together, because this fact will be indicated in the certificate of family composition, it is enough to involve witnesses in the trial. Here it is very important not only to take into account what documents are needed for alimony, but also to confirm that the spouses are no longer running a joint household.

After divorce

If the divorce has already been formalized, then instead of a marriage certificate you need to provide a court decision or a document confirming this fact. In the first option, the court ruling determines the child’s place of residence, and accordingly, a certificate of family composition is no longer needed.

It doesn’t matter when the divorce occurred - the parent can collect alimony when he deems it necessary. In some special cases, you need to find out in advance which ones you need to collect. Because, for example, if a woman does not work because the child is under three years old, then the husband is obliged to support not only his offspring, but also his ex-wife.

The deduction of payments begins not when the trial takes place, but from the moment the application is submitted. In some cases, the court may recover, but more on that later.

Alimony and divorce at the same time

A fairly common situation is when divorce and alimony are filed at the same time. What documents are needed for alimony in this case:

• statement of claim;
• passport;
• marriage and birth certificates;
• document confirming the right to housing;
• income certificate;
• bank statement confirming the account number.

Thus, in the courtroom, spouses can dissolve the marriage, determine the child’s place of residence and find out the amount and procedure for paying alimony assigned by the court.

If the child is over 18 years old

Even adult children need financial support sometimes. If, after 18 years of age, a child cannot provide for himself independently due to disability or his income does not reach the subsistence level, then alimony must be paid, but only if it is collected again in court.

What documents are needed to file for child support in court after the child reaches adulthood:

• the plaintiff’s passport (if the child is legally competent, he can file a claim independently);
• child's birth certificate;
• statement;
• confirmation of the child’s disability;
• certificates of the child’s income, benefits, pension;
• state duty.

Now it’s worth explaining: despite the fact that the citizen is already 18 years old and has a passport, he must be presented to the court because the paternity of the defendant is registered in it. If a child is studying at a university and needs money for education, then the claim will be denied, because he can go to work and support himself.

If a child is disabled in the first or second group, you need to clarify what documents to submit for alimony to prepare as confirmation of this fact, for example, a medical certificate. If a child and his mother work, but their combined income does not reach the subsistence level, this may also be grounds for continued payments.

Alimony for the past period

The mother of the child, who is raising him alone, retains the right to collect alimony for the past period. This is the case if the spouses did not live together and she did not receive payments for a certain time. But according to the law, alimony can only be collected for the last three years.

What documents are needed to apply for retroactive alimony? All the same as in previous cases, but you just need to provide all the evidence, letters, recordings of telephone conversations, testimony of relatives that over the past three years the father did not help the children or evaded his obligations, for example, did not contact his ex-wife.

You should prepare all the documents for filing for alimony and file a claim in court, then the defendant will pay the debt for the last three years and current payments. And the bailiff will monitor the conscientious execution; accordingly, if the debtor does not fulfill his obligations, he will be held liable.

Mutual agreement

Spouses can separate peacefully and mutually agree on the maintenance of their common children. But this fact needs to be legitimized so that mutual claims do not arise. What documents are needed for alimony in this case:

• parents' passports;
• children's birth certificates;
• for the previous 3 months.

But you should not go to court, but to a notary, so that he can certify the mutual agreement. Here, the transfer of property in favor of your child, for example an apartment, can be registered as alimony, then you should provide a certificate of ownership of the property.

Procedure for going to court

So, you can apply for alimony to the magistrate’s court at the defendant’s place of residence. What documents are needed are described earlier. In some cases, you can contact the magistrate in your area if the father lives in another area and it is difficult for the mother to travel with a small child.

Next, you need to fill out the application correctly; finding a sample is not a problem. The main thing is to clearly state all the requirements. If the case is non-standard, then you need, in addition to the main list, to think about what documents are needed to file for alimony so that the claim is properly completed. You may need additional certificates or documents, facts and evidence, witnesses.

The application should also indicate what amount of payments the defendant undertakes to pay and in what order. For example, a percentage of wages or a firmly agreed amount if the ex-spouse does not officially work or is an individual entrepreneur.

Repeated appeal

If the defendant, after the court has ordered him to pay alimony, evades his debt, then measures can and should be taken. First you need to contact the bailiff service with a court decision on divorce. And he must engage in collection on his own, that is, seize his property and bank accounts. If the debt is more than 6 months and he does not work anywhere and does not own property, then a criminal case can be opened against him.

If he works and has property, then you can go to court again to collect the principal debt and penalties from him. The documents for filing for alimony remain the same. But it is also important to confirm that no payments were made; witness statements from relatives and bank account statements are suitable for this.

Conclusion

Despite the fact that the legislation applies equally throughout our country, it is necessary to further clarify what documents are needed to apply for alimony in a particular case. The situations in each family are different, there are many nuances for each individual family, so consultation with a lawyer will not be a superfluous event.

18.02.2019

Attention! All demands for the collection of alimony for minor children, not related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties, are formalized only in the form of an application for the issuance of a court order for the collection of alimony (Federal Law dated March 2, 2016 N 45-FZ ).

All filed claims for the collection of alimony will be returned by the courts ( ). To collect alimony, file an application for a court order. A statement of claim for the collection of alimony is filed only in cases where the court order is canceled or when the debtor pays alimony for other years.

Who has the right to file a claim for child support?

The right to file such a claim is enjoyed by parents, guardians, administration of child care institutions, and government bodies acting in the interests of the child.

If alimony is sought by a father or mother, a prerequisite is that they live together with the children. This parent must support the child at his own expense, and the support from the other parent is insufficient or completely absent. It doesn’t matter whether the parents live together or separately, whether they are married or already divorced. The main thing here will be the lack of financial assistance for the maintenance of children.

If a child, for some reason, is left without parental care, then his guardian will have the right to collect alimony. The guardian must officially have this status, confirmed by documents from the guardianship authorities. If a child lives with relatives or other people without legal guardianship, these people do not have the right to collect alimony until they officially become guardians.

What documents do you need to collect to file a claim?

To draw up a statement of claim for the recovery of child support, a minimum number of documents are required. The most important of them is the birth certificate. A birth certificate confirms the presence of parents of a child, the right of one of them to make demands for child support and the obligation of the second to pay them.

If the child’s father is not included in the birth certificate or is included there only at the request of the mother (without his consent), it will not be possible to simply collect alimony. Paternity will need to be established. For this purpose, another statement of claim is filed.

Guardians, in addition to the birth certificate, must attach a document establishing guardianship. If alimony is collected for several children, then birth certificates for each of them are attached.

Another document attached to the application for the collection of alimony is a certificate from the housing authorities from the child’s place of residence. This document confirms. that the plaintiff and the child live together, and the child is supported by this parent. If the child is registered at a different address, this must be indicated in the text of the statement of claim.

The next document attached to the application for alimony is a certificate of marriage or divorce. This document is not so mandatory, but it will confirm the plaintiff’s arguments about the presence or absence of cohabitation and assistance from the parent obligated to pay alimony.

It would be good if, when collecting alimony, the plaintiff encloses a certificate from the defendant’s place of work about the amount of his earnings for 1 year. This will allow the court to calculate the state duty payable by the defendant and indicate information about his place of work in the writ of execution, which will speed up the subsequent collection of alimony.

After drawing up the statement of claim, make a copy of it for the defendant. This is a complete list of documents required to collect alimony for a child or several children in court. However, situations may be different; if in the text of the statement of claim the plaintiff mentions some other circumstances, he will have to attach documents confirming his own arguments.

All documents are attached to the statement of claim in the form of simple copies. The original documents will then need to be presented at the court hearing.

Drawing up a claim for alimony

To draw up an application, download a sample from our website. Fill it out. In this case, you can indicate only the data provided by us or bring your position on the collection of alimony to the court in more detail.

When drawing up a statement of claim, you can type it on a computer or write it down by hand. Enter all information about yourself, the defendant and children in full, without any abbreviations (this especially applies to full name and residential address). Indicate the address where everyone actually lives. The court will send summonses to appear at the hearing to these addresses. If possible, include telephone numbers, both yours and the defendant's. This will help the court notify everything more quickly.

Be sure to include the title of your application - or Statement of claim for collection of child support.

When filing your claims, you should take into account that alimony is collected from the moment the application is submitted to the court. You can ask for recovery for a longer period of time, but there must be very compelling reasons for this. Read more about such reasons in another article.

In addition to determining the amount of alimony to be collected as a share of earnings, it can also be collected in a specific monetary amount. For this purpose, the law establishes certain conditions. We have provided these conditions and given detailed recommendations with attached images of statements of claim in the corresponding article.

At the end of the statement of claim, you must indicate the date of its preparation and put your signature.

How to draw up a statement of claim if the defendant is already paying alimony

There are often situations where the defendant is already paying child support from his first marriage. In such situations, the question arises: how to correctly draw up an application for the collection of alimony for your children?

The statement of claim for the collection of child support in this case is drawn up in a similar way. Additionally, you need to indicate the recipient of alimony for other children as a third party, write down the details of these children (full name and date of birth) and provide details of the documents grounds for collecting alimony (court order, court decision or agreement).

If you do not know the exact data, please provide the information you know. The court is obliged to clarify the issue of alimony payments for other children in a court hearing and involve the recipient of alimony as a third party to participate in your case. Indicating the most complete information in your application will allow the case to be considered in court more quickly.

Where to file a claim for child support?

All claims for alimony are considered only by justices of the peace. This is their jurisdiction. The district court will not accept such a claim. Filing a claim for alimony with the magistrate does not depend on the place of residence of the plaintiff and defendant, or on the amount of alimony being collected. Jurisdiction is specifically enshrined in the article of the Code of Civil Procedure of the Russian Federation.

The second issue that needs to be resolved when filing a claim is to choose a magistrate who is authorized to hear this case. The article of the Code of Civil Procedure of the Russian Federation establishes the rule that the plaintiff can choose a magistrate to file a claim for alimony at his place of residence or at the place of residence of the defendant.

Most often, a statement of claim for the collection of child support is filed with the magistrate at the plaintiff’s place of residence. It's more convenient and simpler. You can always easily get to the court hearing and resolve other issues with the magistrate in person. However, sometimes it is more profitable to file a claim for alimony at the defendant’s place of residence. In this case, you can avoid appearing in court by writing an application to consider the case in your absence; in addition, the writ of execution will quickly reach the bailiffs.

How to properly file an application for alimony

When filing a statement of claim, the magistrate must necessarily record the fact of its transfer. You can come in person during reception hours to the magistrate’s station and submit a statement of claim for the recovery of alimony against signature on your copy (that is, in this case you need to bring with you another copy of the statement).

The second option for submitting documents is to send them by mail. In this case, you should issue a registered letter with a list of attachments and a notification of delivery. In this case, the plaintiff will have confirmation that the application was accepted at the magistrate’s station.

The magistrate, after receiving the statement of claim, will decide on its acceptance. If everything is in order, the claim will be accepted, the plaintiff will receive notice of the time and place of the court hearing to consider the claim for the recovery of child support.

However, the decision to accept a claim may not always be resolved positively; in this case, the plaintiff will need to promptly respond to the actions of the magistrate.

Consideration by the court of a case on the collection of alimony for children

As a general rule, a magistrate must consider a claim for the collection of child support within 1 month after its acceptance. To consider the case, a court hearing is scheduled, to which the plaintiff and defendant are invited.

When considering the case, the court finds out whether the plaintiff has the right to collect alimony, whether the defendant is obliged to pay it, whether the child receives the necessary maintenance from the parents and determines the amount of this maintenance.

The consideration of the case ends with a decision. With this decision, the court collects alimony or refuses to satisfy the requirements. The magistrate always formalizes the decision only in the operative part. If the persons participating in the case do not understand the court’s conclusions and want to familiarize themselves with the arguments in detail, they must submit a corresponding application.

The court decision comes into force and is subject to execution 1 month after its issuance, unless there is a complaint. And in the case of an appeal, the decision comes into force on the day the case is considered by the appellate authority.

What to do with a court decision to collect alimony?

It is not enough to file a claim in court and receive a court decision to collect child support. Such a decision must also be executed, that is, alimony must be withheld from the defendant. Alimony can be paid by the defendant voluntarily. However, most often you have to do this forcibly.

After the decision enters into legal force, you need to obtain a writ of execution and present it to the bailiff service or resolve the issue of withholding alimony in another way (submit the writ of execution to the organization at the defendant’s place of work).

We described the procedure for obtaining alimony after a court decision is made in a separate article.

Sample statement of claim for collection of child support

To the magistrate of court district No. __

around town_______________________

Plaintiff: _________________________

Respondent: ______________________

Questions about child support applications

What to do if the husband pays alimony for other children from another marriage, what amount of alimony is collected, and how should this be indicated in the statement of claim?

In that case, you need to use this sample statement of claim. Additionally, indicate that the defendant pays child support for other children and in what amount. In this case, you can ask the court to collect alimony for your children, taking into account the amounts paid. It is necessary to determine how much the defendant must pay for all children, divide by the number of children. In the future, the husband may file a claim to reduce the collection of alimony for children from his first marriage.

What other application, besides a claim for alimony, is needed, and where can I get a sample if our dad did not officially divorce his first wife and they have a child? My child was recognized and paternity established by the registry office. And how to write a statement of claim correctly if he does not officially pay child support to his first child?

Write an application using this sample. Just indicate that you were not married to the child’s father; he voluntarily acknowledged paternity, but does not provide financial support to the child. You can write about the first child, or you can not write, now it doesn’t matter until the other side demands alimony through the court.

If a child is registered with his father and lives with his mother, is a certificate from the housing authorities needed? I don’t know my father’s place of work; he refuses to provide a salary certificate. What to do in these cases?

In this case, you can do without a certificate, but other evidence may be required that the child is dependent on the mother. Skip this moment for now, if the court suggests, then present 2 witnesses. Regarding the salary certificate, indicate that “he refuses to provide the certificate, please request it from the defendant.”

The claim for the collection of alimony states that the defendant has no other children and deductions are not made under writs of execution. Is it possible to skip this phrase, because... I don’t know if he has any more children and if he pays child support to anyone else?

Of course, if it is not known that there are other persons for whom the defendant must pay alimony, you may not indicate this in the statement of claim.

We have not lived with my husband for a long time, perhaps he now lives in Ukraine, how to file a claim?

Apply for alimony, indicate his last known address in the Russian Federation. If he officially resides in Ukraine, then it is better to apply to the Ukrainian court. After collecting alimony, contact the bailiffs, they will look for the debtor. The law provides for the possibility of executing court decisions on the territory of foreign states.

The defendant pays child support for 2 children. Now the child from the first marriage is 18 years old and, accordingly, I should receive 25% for my child (15 years old). The accounting department at his place of work said that a new court decision was needed. How to correctly draw up a new statement of claim and what documents are needed?

Submit a new statement of claim using this sample, in support of the requirements, indicate that you previously received alimony in the amount of 1/6, now the first child is 18 years old, and ask to recover alimony in the amount of 1/4.

Many people think about where to file for child support. And what can you expect after the idea is brought to life? Next, we will study all the nuances of alimony obligations in Russia. What process features might you encounter? Who will pay whom? In what sizes? The answers to all of the above questions will be easily found in the current legislation.

About the definition

First you need to understand what is called alimony. This is how they describe monthly payments of various sizes that are intended for a disabled and needy relative.

That is, alimony obligations provide for the life of family members. Most often they occur in relation to minor children.

Who is eligible

Where to apply for alimony? There is no clear answer to this question. After all, everything depends on the desires of the modern citizen.

But you can answer who is entitled to financial support. The main categories of recipients include:

• children (including adults);
• husband/wife;
• parents.

Sometimes there are alimony payments for grandparents, brothers and sisters, but these are extremely rare scenarios. Therefore, we will not talk about them.

About appointment methods

Where to apply for alimony? The answer depends on the situation. The thing is that financing needy relatives in Russia is allowed in different ways. And the body that accepts requests for the appointment of payments of the mentioned type depends on them.

Today alimony can be paid:

• by court decision;
• voluntarily;
• under an alimony agreement.

As practice shows, the most reliable and common technique is the first layout. It is considered safe and clear.

Marriage and alimony

Is it possible to apply for alimony during marriage? Current legislation allows this situation. Moreover, in Russia it is found more and more often.

Spouses can demand funding from their husband or wife in the event of their incapacity, even without a divorce. And child support is also requested not only upon divorce.

Former spouses are also entitled to funding from their husband or wife. But at the same time, no more than 5 years should pass from the date of divorce. Otherwise, it will not be possible to demand financial support. This is only possible if the court recognizes the previous relationship as long-term.

How much to pay

How do you apply for child support or for yourself? We will discuss the procedure later. First, let's get acquainted with all the features of alimony obligations.

How much will you have to pay in this or that case? Alimony may be awarded:

• in a fixed amount;
• as a percentage of salary.

In the first case, not only the income of the payer will be taken into account, but also the cost of living of the locality. If child support is assigned, the second calculation scheme is most often used.

A citizen pays 1/4 of the profit for one child, 1/3 of earnings for two children, and no less than half of the income received if the payer has at least 3 minors.

Only a judicial authority will provide more accurate information. He will study all the proposed materials and set the amount of alimony.

Main receiving authority

Where to apply for alimony? This question worries almost every potential recipient of money.

The best way, as we have already found out, is to go to court. It is necessary to file a claim for alimony with the world court. You can apply either according to your registration (which is not recommended) or at the place of registration of the potential payer.

Where else do you get help?

This is just one of the possible scenarios. Where else can I apply for child support?

Modern citizens can seek help from the MFC and the “My Documents” service. They often help you apply for alimony.

In addition, today it is possible to submit a request via the Internet. For example, using the Gosuslugi portal. But this technique is not yet in great demand.

Terms of consideration

How to apply for alimony? We will talk about this process step by step below. But before that, let’s find out how quickly the court will respond to this or that request.

The period for consideration of a claim on alimony issues is about 5 days. After receiving the court order, you will have to wait another 10 days. During this time, the payer can file objections to appeal.

Step by step about the process

We found out where to apply for alimony. Now we can look at this operation step by step. It usually doesn't cause any problems.

The guidelines for filing claims for alimony for one reason or another look like this:

1. Prepare a package of documents. It depends on the situation.
2. File a claim for payment. It will have to justify your demands.
3. Submit a request to the Magistrates' Court.
4. Participate in a court hearing.
5. Receive a decree of the established form.

The most difficult stage is the first step. Is it possible to apply for alimony during marriage? Yes, the list of documents required for this will be easier to obtain. But even after a divorce, spouses have the right to financial support. Especially while on maternity leave.

Main list

What documents should I submit for alimony? As already mentioned, the package of papers is changing. It depends on the specific circumstances.

The applicant will be required to:

• passport;
• documents confirming relationship;
• statement of claim;
• certificates of income of the potential payer;
• evidence of the legality of the claims;
• certificates of ownership of the property of the future alimony.

Kinship documents include certificates of marriage, divorce, and birth. Adoption papers also have their place. Children whose relationship to their father has not been proven cannot count on funding. First, the mother will have to confirm paternity. In any case, this is necessary if the defendant is not listed as the father on the child’s birth certificate.

Other documents

How to apply for alimony? The step-by-step instructions presented to our attention will help bring your idea to life. But we have not yet fully figured out what papers are required to file a claim in the prescribed form.

In addition to the listed documents, the following are requested:

• certificates of disability;
• documents with registration (in particular, children);
• certificates of family composition;
• petitions to obtain documents.

The last paper is needed for those who cannot obtain income certificates from a potential payer.

Proof

How do you apply for child support? It will not be difficult to answer this question now. Quite often, when assigning alimony or adjusting it, the parties have to prove their points of view. All of them must be confirmed somehow.

For example, the following may be useful:

• court decisions on previously assigned alimony;
• any photo, video, audio materials and correspondence of citizens;
• checks and receipts confirming expenses.

This is all. In exceptional cases, certificates of contributions to the Pension Fund and the results of a DNA test may be useful.

Notaries

Can a husband apply for alimony? Yes, every spouse has this right. But such a situation is rare in reality. Typically, husbands are involved in providing for the family, and wives are involved in caring for children. Therefore, it is easier for a woman to prove the fact of incapacity for work.

Where to apply for alimony? If you want to resolve the issue peacefully, you don’t have to rush to court. It is better for such people to contact a notary. Any notary office will do.

What to do? Conclude a peace agreement on the payment of alimony. As a rule, all previously listed papers are attached to the contract. But in this case, the text of the agreement will have to be treated with special attention. The document specifies all the specifics of fulfilling alimony obligations. Including the size of payments and their indexation.

After signing the contract in the established form at the notary, you can simply wait. The payer will have to fulfill his obligations. Otherwise, the recipient of the funds will have to go to court. How to apply for alimony? We have already said this earlier.

Zoom in and out

Under certain circumstances, alimony payments may increase or decrease. To do this, one party or another will have to file a lawsuit with a corresponding request. Of course, it must be confirmed. Otherwise the request will be rejected.

How to sue for alimony? The reasons for increasing or decreasing the corresponding payments are the following circumstances:

• change in the payer's earnings;
• emergence of dependents;
• the birth of another child;
• deterioration or improvement of the health status of one of the parties;
• an increase in real spending on the recipient of funds.

In practice, reductions in alimony are extremely rare. But increasing them is much easier than it seems. For example, the need to index payments may serve as a reason for going to court.

On release from obligations

The answer to how to sue for alimony is not that difficult. Coping with this task (if you do not take into account the collection of documents) is easier than it seems. But collecting funds from a person is much more difficult. Now in Russia there are no sanctions that would greatly frighten an alimony debtor.

You can free yourself from the obligations you are studying. For example, for the following reasons:

• change in the working capacity status of the payer or recipient of money;
• death of one of the parties;
• coming of age;
• obtaining emancipation;
• adoption of a child by another person;
• employment of a minor in a good, well-paid job;
• child conducting business activities.

How to apply for alimony? This operation has already been mentioned. How can you free yourself from obligations? This is done in a similar way. Usually the initiative comes from the alimony provider. He goes to court with a claim and encloses evidence of his position.

How do you apply for child support? The parents must be needy and disabled. If these conditions are not met, then you will not be able to apply for funding from your children in court. Many people manage to refute the fact of need.

Results

We found out where to apply for alimony. We have fully studied all the features of this operation.

From now on, everyone will be able to bring the task to life. Where to apply for alimony? It is better to contact a notary and resolve this issue peacefully. Otherwise, only the world court will help.

Anything can happen in life - we met, fell in love, got married, had children... And suddenly - that’s it! Divorce! What to do? Where to go? And most importantly - how to live? Indeed, in most cases, the breadwinner in the family, especially when a woman is on maternity leave, is a man.

Take a pause. Sit down and talk, and maybe everything will work out. Why rush?

Voluntary payment of alimony

The family council decided on a divorce, period! In this case, you need to discuss alimony and write a statement. It is important to remember that you can apply for alimony at any time, not only after a divorce, but even while you are married. Perhaps you can come to an agreement. Remember that with a friendly policy, you both win. Firstly, you get civilized communication with your child, without scandals and quarrels. And secondly, the amount of alimony can be increased by the noble impulse of a loving parent, that is, it can be greater than the amount assigned by the state. After all, you can always find ways to hide your income, and everyone will be happy.

So, this is a voluntary payment of alimony. At this stage, it is necessary to conclude an agreement and be sure to contact a notary to certify the documents. This is the easiest way to receive alimony. If it doesn’t work out, then there is only one way out - to go to court, where you submit a statement written in advance, to obtain a court order or writ of execution.

If you don’t agree, pay through court

It is not always possible to reach an agreement; that is why the law exists. Where to go and what documents to submit? Where should I send my application? The first thing you can do is, using the Internet and reference books, find the magistrate’s court at the place of residence of one of the spouses and submit all the necessary documents there by writing an application.

Article 131 of the Russian Civil Procedure Code contains all the requirements necessary to obtain a legal right to alimony. It should be borne in mind that if during the divorce the fate of the children is decided - with whom they will remain, then you need to contact the district court, writing everything in detail in the application. If the claim concerns only alimony, then such cases should be filed in the magistrate’s court. It may be a problem to find the appropriate authorities at your place of residence, because one judge is assigned to a certain territory, but how to find him in a city with a population of millions is a question. In such a situation, they turn to lawyers or lawyers, or search on their own via the Internet. There are a number of sites that list and indicate on a map all the world, district, appeal, etc. courts, but for each city you should look for a separate website.

Where to contact?

So, you can apply and apply for alimony:

• to the magistrate's court (the presence of both parents is not required, the fact of paternity is obvious and documented);
• to the district court (an examination of paternity or its confirmation is needed, the payment of alimony is disputed);
• directly to the bailiff service (there is no information about the payer’s place of work).

Documents for collecting alimony

So, you need to submit an application to the magistrate or district court, in which you must indicate the full name of the parents, their place of residence, address and name of the court, set out the requirements for each other, supported by evidence, and indicate the amount that should be recovered (Article 131 of the Code of Civil Procedure RF).

What should you take with you?

The application is submitted along with copies of the following documents:

1. children's birth certificate;
2. certificate of divorce or, conversely, registration;
3. copy of passport and code;
4. address certificate about place of residence and family composition;
5. certificate of income from current place of work (for the payer);
6. calculating the amount to be collected and indicating the costs for the child.

In addition, you need to find out the details for paying the state fee for filing an application, today it is 100 rubles, and pay.

This is important to know

1. Remember that if your spouse has a constant income, then you can ask for alimony as a percentage of the income, and if not, then preferably at a certain rate. You can also ask for alimony for yourself if you are on maternity leave, but only in numbers, not percentages, and even for some additional expenses for children (Article 86 of the RF IC).
2. Alimony can also be collected by order when the husband refuses to pay. In this case, it is worth filing an application for a court order, which will be issued in five days if the parties do not have any special claims, that is, none of the parents disputes the payment of alimony. To make a decision in court, it is not necessary for all parties to be present; one of the spouses is sufficient, as well as the presence of an application and all other related documents.
3. Failure to pay child support can serve as a compelling argument for depriving a parent of parental rights, but in addition, 0.1% is added to the amount specified in the claim for each day that child support was not paid.
4. Even if the defendant does not work or has an unstable income, alimony is still calculated, but only in an amount equal to the minimum subsistence level.
5. It is also possible to submit documents for alimony payments while in a civil marriage. Only paternity must be proven, and if it is disputed, then it will have to be proven in court and additional materials must be submitted.

The problem of receiving alimony today worries many women in our country. To receive money, you need to do everything according to the established rules and figure out what documents are needed to apply for alimony.

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General provisions

Alimony is considered to be money paid for the maintenance of a minor child by one of the parents.

Money can be transferred either voluntarily or in a forced form. The necessary papers are collected by the parent with whom the small child lives.

If it is impossible to reach an agreement peacefully, then alimony is collected using.

However, such a decision should be made only after making sure that one of the parents does not want to reach a voluntary agreement, since a peaceful deal is concluded much faster and easier.

A specific list of documents must be provided depending on the specific case. Documents allow you to most accurately establish the property of each party, their financial and family status, as well as the availability of real estate for residence and official work.

Also, for an objective judicial decision, documentary evidence from the defendants may be requested.

In addition, if child support is ordered due to the child's physical condition or disability, papers with a doctor's opinion of these facts will be required.

How to apply for alimony

The question of how to apply for alimony is very important, because the success and amount of payments for the child depend on the correctness of the actions taken.

First, you should try to enter into a voluntary agreement with your ex-spouse and agree on an amount that will suit both of you.

Such an agreement must be certified by a notary office, after which the document is equated to a writ of execution.

Video: documents for alimony registration

Necessary documents for the agreement

To conclude a voluntary agreement, you must provide the notary specialist with the following documents:

• parents' passports;
• birth certificate of the child or children, if there are several;
• a document confirming paternity (usually a certificate from the registry office);
• documentary evidence of income, this may be received no earlier than 3 months before contacting a notary;
• Also, one of the parents can transfer property to pay part of the alimony, in which case the notary will need the legal documents for the property.

List of papers when going to court

If it is not possible to reach a common decision, or one of the parents is hiding and does not want to get in touch, then the issue can only be resolved in court.

Where to apply? A statement of claim is written to the district court at the place of residence of the defaulter, but if the whereabouts of the parent are unknown, the plaintiff can file an application at his place of registration.

To establish a complete picture, the following documents are attached:

1. The original birth certificate and two copies.
2. The original application for payment of alimony in triplicate.
3. Receipt for payment of state duty.
4. A document about marriage or its dissolution, and if the plaintiff was not married to the defendant, then a document about adoption is required, otherwise a genetic examination will be required.
5. A copy of the main pages of the plaintiff’s passport and the marriage page.
6. Documentary evidence of income for each party.
7. A certificate confirming the applicant and the child are living in the same territory.
8. Written objective arguments for the need for material expenses for the child.
9. Certificate of location of the alimony defaulter.

What documents are needed to apply for alimony without divorce? The list of documents in this case will not change, the main thing is to provide a marriage certificate and copies of each party’s passport with a page about registering the relationship.

Sometimes there are situations where the plaintiff was unable to obtain written confirmation of the amount of the defaulter’s wages; in this case, you can simply indicate the place of work.

The documents described are basic, but in addition to them, documents with confirmation may be required:

• the child’s condition – presence of disability;
• the size of the mother’s official salary and the name of the institution where she works.

Application procedure

Before submitting the application, you must pay the state fee. The necessary details can be found on the website of a specific court or directly by contacting the judicial authority.

In a small city there is usually one city court district, which is equivalent to a district court district. And in large cities, in each territorial area there is a district court office.

Magistrates are assigned to each precinct, and they are the ones who deal with cases of alimony collection. Therefore, you need to go to the court at your place of residence.

How to write a statement of claim according to all the rules thatit must indicate:

• the name of the court in which the claim is filed;
• the name of the defaulter and the plaintiff, also, if there is a representative, his name must be indicated;
• information about the place of residence of each party, contact numbers and postal codes;
• the applicant’s requirements and their confirmation;
• write down the evidence and justify it;
• amount of debt collected;
• as well as a list of required papers.

A statement of claim is drawn up if there is a debt of one of the parties or a complete refusal of alimony.

It is also possible to receive alimony if the parents were unable to enter into a voluntary agreement, but no significant controversial issues have been identified.

To do this, you must fill out an application for a court order, which states:

• legal address and name of the court;
• first name, last name and patronymic of each party;
• place of residence or registration of the plaintiff and applicant;
• description of requirements and their justification;
• confirmed evidence.

The following documents are also attached to the application:

1. A copy of the birth certificate of children in marriage or relationship.
2. Copies of the main pages of the plaintiff’s passport and a marriage stamp or a note on its dissolution, as well as a marriage certificate or divorce certificate.
3. Officially certified income of each party.
4. List of people living at the same address as the plaintiff.

According to the rules, income is collected from the parent in the following amounts:

Many people are interested in whether there is a sample application for transferring alimony to a card? Yes, it certainly exists, but depending on the situation, the pattern may be different.

The required amount can be transferred directly to the child’s card, which will allow him to reserve them before reaching adulthood.

However, one of the parents can transfer money to the child’s card in an amount not exceeding 50% of the total amount.

This method is used with the consent of both parties or in accordance with, if it is established that one of the parents is using alimony funds irrationally. The payer can also transfer child support to the card to the other parent.

The payer can transfer alimony to a plastic card independently, or this can be done by the accounting department of the organization in which the citizen is registered.

At the same time, the accounting department has the right to list documents only if there is an officially certified court order or a concluded court agreement on the payment of alimony.

Also, the employer can transfer money to the card to pay alimony based on a covering letter from the receiving party or at the request of the citizen who pays the alimony.

Statute of limitations

By decision of the court, a party may be refused to accept an application if the statute of limitations has been violated. This definition refers to the period during which legal rights can be enforced.

When such a period ends, the person does not have the right to challenge his interests in court. Before the deadline expires, a claim may be filed at any time.

For the collection of alimony, the maximum limitation period is three years. It is allowed to collect alimony for the past three years, but not more than three years from the date of presentation of the application by the plaintiff.

It is also possible to recover alimony for a future period of three years if it can be proven that during the past period the defendant evaded payment.

The following shall be presented as evidence of non-payment:

• witness's testimonies;
• written confirmations;
• certificates from the defendant's work.

Can I reapply?

There are different situations in life, and if necessary, the plaintiff can revoke the writ of execution in court.

However, if the child again needs child support, the parent living with the minor can again turn to the bailiffs.

He also needs to have a writ of execution, which specifies the conditions for implementing the recovery. Moreover, while the sheet is in the possession of the plaintiff, the debt against the defendant will not be calculated.

How to compile for the past period

It is possible to recover alimony for the past period if the plaintiff had all the rights to receive monetary payments for the child, but did not file an application with the court and did not enter into an agreement with the other party.

In this case, the plaintiff must have objective evidence that he tried to contact the defendant and call on him to pay alimony, but he ignored his demands.

Going to court during the past period is not of fundamental importance

Is it possible to pick up

To withdraw a previously written application, you must apply to the district court for refusal. If the demand does not violate the rights of others and does not contradict the law, then a decision is made in court to terminate alimony payments.

If the plaintiff’s application is still under consideration, then by court decision the paper is returned to the applicant and the case is suspended.

The legislative framework

Issues of collecting alimony from parents in relation to minor children are spelled out in Chapter 13 of the Family Code.

Chapter 16 clearly defines the achievement of maintenance agreements. The procedure for calculation and cash payments is specified in Chapter 17 of the IC of the Russian Federation.

If you find yourself in a situation where your former or current spouse does not pay alimony, you should definitely demand payment of a sum of money, because the law clearly regulates the relations of each party and in most cases satisfies the demands of the plaintiff.

In addition, you should think several times before withdrawing your application, since when you apply again, bailiffs will be wary and may not take your side the second time.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.