One of the common problems in the divorce process is the establishment of alimony for a child or, if the parents were once lucky, for two or more children. It is good when ex-spouses are able to agree on the amount of alimony and enter into a voluntary agreement certified by a notary. But what to do when one of the parents shirks his duties, not wanting to resolve the issue peacefully. In other words, how to collect child support by force. And also, in what cases can you obtain alimony while married?
The main misconception of most Russians: the opportunity to file a claim for a child is possible only during a divorce. In fact, this is not true.
Important! Disputes related to the assignment or collection of alimony are settled within the framework of the Family Code in the Magistrate's Court within a month from the date of application.
In the legal practice of our consultants, there have been cases where one of the spouses did not properly fulfill parental responsibilities in relation to a minor child. That is, he violated the child’s right to material support. Of course, you could get a divorce, file for alimony and that’s it. But what to do if the feelings between parents are strong, and their children do not want to lose mom or dad? There is only one way out: file a claim for alimony. In this case, the state duty is paid by the defendant.
The following are considered sufficient grounds for compulsory alimony:
- Lack of peace agreement between parents
- The impossibility of finding a compromise between parents on providing the child with everything necessary
- Refusal of one of the parents to pay for food and vital medications for a minor
- Ignoring by the payer of the peace agreement on the amount of alimony.
Please note: only the guardian living with the child has the right to receive alimony. It doesn't matter whether it's mom or dad. If alimony has already been assigned, but the payer evades it, the plaintiff can request financial compensation from him for the past 3 years.
Remember, Russian law does not care whether the child’s parents live together or separately, whether their marriage is formalized or not: the state is obliged to ensure the safety of any minor citizen and his right to care. Namely, to monitor the careful fulfillment of parental responsibilities. For a more detailed explanation of the grounds for filing a claim for alimony, please contact our free legal consultation. It is available online, 24 hours a day.
Statement of claim: filling procedure, contents, attached documents
When drawing up a claim for alimony, rely on the basic requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The application is filled out in free form and in a quantity equal to the number of participating parties. Most often you need a triple copy.
- The procedure for filling out a claim for alimony from 2017 (step by step):
- Cap:
- name and address of the magistrate's authority
- Plaintiff's full name, residential address and telephone number
- Full name of the defendant with address and telephone number
- Name of third parties
- Filling out the body text
- Cap:
Please note: If you encounter any difficulties in writing an application, please contact us for a free consultation, available online 24 hours a day, and our specialists will certainly help. Also at the end of the article is a sample statement of claim, as amended in 2017.
- List of stated requirements (in percentage or quantity of expected alimony)
- Attachment of supporting documents
- Content
Here you need to specify:
- Family ties between the participants in the case
- Indicate the monthly income of all family members
- Make a list of monthly expenses for the child, including education, food, treatment, clothing, etc.
- List the facts of refusal/evasion of the father or mother from paying at least 50% of the specified amount of expenses (supporting papers are required)
After completing the descriptive part, we proceed to putting forward demands for the fact of forced collection of alimony in favor of the child with justification for the chosen amount.
- Attached documents
To successfully complete the case, it is not enough to simply file a lawsuit to collect alimony. As we previously mentioned, the plaintiff must collect evidence of the lack of financial assistance from the second parent and documents justifying the selected amount of alimony. By law, the package of documents includes:
- Passport of each party
- Financial papers:
- Certificates from the place of work of parents/guardians
- Certificates about family composition, the child’s educational institution and additional classes
- Photocopies or printouts of bank accounts and receipts showing monthly expenses for the child
- Marriage documents:
- Certificate of registration/divorce;
- Marriage contract (for those living without a formalized relationship)
- Evidence of joint/separation:
- Witnesses;
- Things, etc.;
- Document on the social status of the payer (unemployed, disabled, deprivation of parental rights)
- Children's documents:
- Birth/adoption certificate (required!)
- Document confirming disability (if there are diseases)
2) All initials are indicated in the Nominative case (Ivanov, Ivanova, etc.) Note 1) If necessary, request a medical examination document to establish paternity
3) Emotional statements are NOT ALLOWED in the text of the application
If the plaintiff does not have certain documents, you can petition the court to destroy them. Consult our specialist on how to do this.
How to determine the amount of alimony?
In Russia there is no legally established minimum for child support paid. Therefore, in order to avoid the situation that the court will assign an amount that is insufficient to ensure the minor’s usual lifestyle, pay special attention.
There are two types of monetary recovery (Article 81 of the RF IC):
- Percentage of income;
- Specific amount.
The court can assign a percentage of income (salary, pension, bonus, etc.) only if the defendant has a permanent place of work. The amount also depends on the number of common children of the plaintiff and defendant. Let's take a closer look:
Important! The amount of alimony can only be changed by forensic accounting
If the parent does not have a permanent income (unemployed, seasonal worker, etc.) or his income is expressed in foreign currency, the court sets a fixed monetary amount of alimony.
Going to court
After making sure that the statement of claim is filled out correctly, you can send it to the magistrate. The court may consider the day either in person, with both parties present, or in absentia, without a hearing.
The period for consideration of a claim for compulsory collection is 30 days, after which a decision is made (often without the participation of the responding party). A copy of the decision and writ of execution will be sent to the defendant by mail. The court order will come into force from the moment it is issued.
The date of the first payment is exactly 30 days from the date of the decision. The defendant can appeal and get a reduction in payments. But there are practically no cases of cancellation of alimony payments.
The amount of state duty for April 2017 is 150 rubles, it is levied on the defendant.
After making a decision, the court must send a writ of execution to the bailiffs, who are responsible for monitoring the regularity of alimony payments.
Reasons for refusal to collect alimony and what to do in such a situation
The court, guided by the Code of Civil Procedure of the Russian Federation, may refuse to force the plaintiff to collect alimony within 5 days. The plaintiff will not be able to re-apply.
The reasons for this are:
- Impossibility of resolving the dispute in court;
- Effect of another court order in this case;
- The entry into force of the decision of the arbitration court between the spouses on this issue;
- Errors in filing a claim
The court is obliged not only to justify the reason for the refusal, but also to support it with references to the relevant articles in the laws. Main mistakes in filing a claim:
- Filing a claim in the wrong court
- “Peace negotiations”/pre-trial settlement/ were not held
- There are no signatures of the parties in the documents
- The plaintiff is a person who does not have the right to do so (not a parent/guardian)
- This case is already being considered in another court
- The text of the statement contains insults and negative statements
Only after eliminating all violations can you try to return the claim to the judge. To avoid these situations, request a free consultation on our website, as well as availability of all required papers and signatures.
Repeated application for forced collection of alimony
If you need to reapply, lawyers recommend contacting competent specialists to avoid secondary refusals. It is carried out only:
- With permission of the Magistrate's Court
- Loss of writ of execution
- If necessary, adjust the amount of penalties
If the child for whom you are already receiving child support is injured or seriously ill, then you have to file a claim for an increase in the amount of child support. Read more about how to do this here.
Collection of alimony debt by bailiffs
Bailiffs are members of the executive branch. You can resort to their help only when:
- There is a writ of execution
- In the absence of alimony
- If the payer goes missing
The payer must provide them with information about the new place of work or place of residence within 3 days. Bailiffs have the right to impose additional punitive measures: property seizure of the debtor, a ban on leaving the country, etc.
Sample application form for 2017
To the magistrate of court district No. __
around the city_______________________
Plaintiff: _________________________
(full name, address)
Respondent: _______________________
(full name, address)
Cost of claim _____________________
(amount of payments per year)
Statement of claim for the recovery of alimony for a child (children)
I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full full name of the children, date of birth).
The child (children) live with me, I fully provide for them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, does not pay alimony, and no deductions are made from him under writs of execution.
In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
- To collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) until the children reach adulthood.
List of documents attached to the application (copies according to the number of persons participating in the case):
- Copy of the statement of claim
- A copy of the marriage certificate (divorce certificate if the marriage is dissolved)
- Copy of the child(ren)'s birth certificate
- Certificate from housing authorities confirming the child’s residence with the plaintiff
Date of application “___”__________ ____ Signature of the plaintiff _______
Conclusion
Despite the fact that the state has carefully protected our children from violations of their rights and freedoms, we, the parents, bear the main responsibility for them. Of course, you can try to cope with upbringing alone, but providing the child with everything necessary, in the absence of financial assistance from the other parent, is almost impossible. Therefore, the only way out will be to appeal to the magistrates’ court with an application to collect child support from the second parent.
Your key to victory in court will be the competent filling out of the application and accompanying papers, as well as consultation with a specialist.
from 05/09/2019
To obtain money for the maintenance of minors, a claim is filed in court for the collection of child support. Such cases are often encountered in the courts. And it’s not difficult to file a claim yourself. To draw up an application to the court, simply download the sample, fill it out and read our recommendations. The plaintiff may consider an option in which it is more correct to file a claim. If the necessary reasons are missing, use the example below. And the nuances can be discussed with the site’s on-duty lawyer.
Pay attention!!! If the plaintiff does not simultaneously declare a claim, or maternity, with the need to involve (for example, a recipient of alimony for other children), the court is filed. Otherwise, the court is forced to make a decision without consideration.
Example of a statement of claim
To the Aleisky District Court of the Altai Territory
Aleysk, st. Pervaya, building 1, apt. 1,
address: 658130, Altai region,
Aleysk, st. Second, building 2, apt. 2,
I, Petrova O.D., am the mother of Sergei Olegovich Petrov, born on February 21, 2005, and Natalya Olegovna Petrova, born on January 1, 2008. Defendant Petrov O.N. is the father of the children. We have been married since 2004, divorced in 2019. We lived together until 2019.
The children have been living with me and have been my sole support since February 2019. However, my income is not enough for this. Both parents must take equal part in the financial support of their minor children.
The defendant does not provide financial assistance for the maintenance of children; alimony is not collected from him. He refuses to pay the money voluntarily, citing his difficult financial situation and lack of work. I know nothing about his place of work and sources of income. The defendant has no other children, and he does not pay child support to anyone else.
In accordance with Article 81 of the Family Code of the Russian Federation, in the absence of alimony for minor children, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of one third of the earnings and (or) other income of the parents for two children.
Guided by articles 131-132,
- To recover from Oleg Nikolaevich Petrov in favor of Oksana Dmitrievna Petrova alimony for the maintenance of Sergei Olegovich Petrov, born on February 21, 2005, and Natalya Olegovna Petrova, born on January 1, 2008 in the amount of 1/3 of all types of earnings and other income monthly, starting from the date of filing of this statement of claim to the court until the children reach adulthood.
Application:
- Birth certificate of Sergei Olegovich Petrov (copy)
Copy of the statement of claim
A copy of the birth certificate of Natalya Olegovna Petrova
Certificate from the passport office about family composition
Date 01/15/2020 Signature Petrova O.D.
How to file a claim for child support
Alimony is collected regardless of whether the parents are married or divorced, whether they live together or separately. The main condition for filing a claim is the absence of full financial assistance from the other parent.
When drawing up a statement of claim, adhere to the information given in the example; there is nothing superfluous here. If possible, supplement the application with information about the defendant’s place of work, attaching documents confirming his earnings or other income. Also in the application, the plaintiff can indicate whether the parties were married or not and demand that paternity be established.
If the defendant provides financial assistance, the plaintiff must inform the court of its amount and frequency. Express your opinions about its insufficiency to fully provide for minors. If the plaintiff and defendant still live together, you need to describe how the defendant spends his money.
When determining the amount of alimony, the provisions of Article 81 of the Family Code of the Russian Federation should be taken into account. If the defendant already pays child support for other children, this is indicated in the statement of claim, then the amount of child support will be determined taking into account these children. For example, the defendant has 3 children, for 2 he already pays alimony by court decision, then you can ask the court to collect from him only 1/6 of his earnings (6/6 all income, 3/6 half of earnings, each of the 3 children should receive 1/6 each).
Filing an application to court
Requests for the collection of alimony are subject to the jurisdiction of justices of the peace at the place of residence of the plaintiff or defendant (the plaintiff himself chooses). But this is in the case of a court order. If a lawsuit is needed, then, provided that demands are made to establish paternity, challenge it, etc., the statement of claim is filed with the district court.
If the defendant's address is unknown, provide the last known address. However, according to Article 120 of the Code of Civil Procedure of the Russian Federation, if the location of the defendant in cases of alimony is unknown, the court announces a search for him. During the search, the proceedings will be suspended.
The statement of claim can be sent by mail or submitted in person during office hours. The judge has 5 days to decide whether to accept the statement of claim.
Consideration of alimony case
Requests for the collection of alimony in the form of a claim are considered by a judge within 2 months. The judge listens to the parties, the plaintiff must prove that the children live with him and are dependent on him.
If the parents live together, the court usually asks clarifying questions about the procedure for participating in the upbringing of the children. The defendant is asked to present that he provides financial support. The plaintiff must be prepared to provide explanations to the defendant's objections. And if necessary, provide additional evidence. For example, bring 2 witnesses who will confirm that the defendant does not support children.
A claim for the recovery of alimony can be filed either by the person claiming to receive maintenance funds or by his legal representative. Recommendations for drawing up and sending the said document to the judicial authority are given in our article.
Who can file a claim for alimony
- on a voluntary basis, when an agreement on the payment of AP is concluded between the relevant persons;
- by decision of a judicial authority.
Moreover, if the agreement on payment of the AP:
- does not exist, only those persons (or their legal representatives) who are granted the right to receive alimony by law (Article 106 of the Family Code of the Russian Federation, hereinafter referred to as the RF IC);
- exists, but the obligated person does not fulfill it or performs it in an inappropriate manner, the recipient of alimony or his legal representative has the right to demand compliance with the terms of this agreement forcibly through the court, as well as termination or modification of this document.
Application for collection of alimony or application for issuing an order: what to choose
Cases related to the collection of administrative expenses are resolved through writ or lawsuit proceedings. In the 1st case, an application for the issuance of a court order must be filed (the so-called simplified procedure), and in the 2nd case, a statement of claim for the recovery of alimony.
A court order, which is also an executive document, is issued within 5 days from the date of filing an application for such an order with the judicial authority. In this case, no trial is held, the parties are not invited to court (Article 126 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation).
The legislation provides for the possibility of issuing a court order in a case of collection of administrative damages in a single case: if the plaintiff makes a demand for the collection of administrative damages for children who have not reached the age of majority, and at the same time this requirement does not imply parallel resolution of disputes about paternity (maternity) or the need to involve others in the case interested parties (paragraph 5 of article 122 of the Code of Civil Procedure of the Russian Federation).
In all other cases, the case must be resolved according to the rules of claim proceedings, including:
- if the defendant has objections to the stated claims;
- if the AP is imposed on disabled children or other family members who have reached the age of majority;
- if the defendant is already carrying out an administrative act based on a court decision in favor of other persons, etc.
Also, on the basis of an order issued by the court, it is not allowed to collect penalties expressed in a fixed amount of money for children under the age of majority (clause 11 of the resolution of the plenum of the Armed Forces of the Russian Federation “On the application by courts of the Family Code of the Russian Federation...” dated October 25, 1996 No. 9, hereinafter referred to as Resolution No. 9 ).
Where to file a claim for alimony
Based on the system analysis of sub. 4 paragraphs 1 art. 23 and art. 24 of the Code of Civil Procedure of the Russian Federation, we can conclude that the magistrate has jurisdiction over the following disputes:
- on the collection of administrative damages for children under the age of majority;
- on the collection of administrative expenses for disabled children who have reached the age of majority;
- on the collection of a penalty in connection with violation of the established deadlines for the payment of alimony;
- about changes in the amounts of collected payments;
- other disputes arising from family legal relations.
An exception to this rule are cases of collection of administrative rights, simultaneously related to demands for restriction or deprivation of parental rights, establishment of paternity (maternity), and determination of the child’s place of residence. These issues fall within the competence of the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).
If, guided by the provisions of paragraph 1 of Art. 151 of the Code of Civil Procedure of the Russian Federation, the plaintiff combined in 1 statement of claim (hereinafter referred to as IZ) several claims, some of which are within the jurisdiction of the magistrate’s court, and some of which are within the jurisdiction of the district court, then all claims must be considered by the district court.
As a general rule, a claim can be filed at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). At the same time, an application for recovery of administrative damages is also allowed to be submitted at the plaintiff’s place of residence (Clause 3, Article 29 of the Code of Civil Procedure of the Russian Federation). Additionally, paragraph 24 of Resolution No. 9 clarifies: claims by alimony payers containing demands to reduce the amount of the AP are filed at the place of residence of the claimant (recipient of the AP).
Application deadline
A person who, by law, claims to receive an AP may submit a claim to the court for alimony (sample 2018 - 2019 is given in our article) regardless of the period that has passed from the date the right to an AP arises, provided that previously the AP was within the framework of an agreement on their payment was not made (clause 1 of article 107 of the RF IC).
According to the general principle, APs are awarded from the moment of application to the judicial authority. At the same time, the AP can be recovered for the past period of time, limited to 3 years from the date of filing the IZ with the court, if the person obliged to implement the AP avoided paying them, although the plaintiff took measures aimed at obtaining the AP (clause 2 of Art. 107 RF IC).
According to the Presidium of the Supreme Court of the Russian Federation (review of judicial practice in cases related to the collection of alimony..., approved on May 13, 2015), courts may include the following measures:
- sending registered letters of appropriate content;
- sending messages via e-mail with a requirement to carry out an administrative act;
- the plaintiff’s appeal to the magistrate with an application for the issuance of a court order, etc.
The plaintiff must provide evidence that the conditions of paragraph 1 of Art. 107 RF IC are complied with. Otherwise, the courts usually refuse to satisfy the claim for the recovery of administrative damages for the period preceding the appeal to the judicial authority (for example, the appeal ruling of the Donetsk City Court of the Rostov Region dated December 15, 2015 in case No. 11-37/2015).
Determination of alimony debt
Recovery of AP is possible:
- For a period within 3 years preceding the presentation for collection of a notarized agreement on payment of the AP or the corresponding enforcement documentation (clause 1 of Article 113 of the RF IC).
- For the entire period from the moment of awarding alimony, if the withholding of the alimony as prescribed by the executive documentation or on the basis of an agreement on the payment of alimony certified by a notary was not carried out due to the fault of the person obligated to pay alimony (clause 2 of article 113 of the RF IC). If the payer’s guilt in this case is not established by the court (illness, difficulties with employment, etc.), then the AP will be collected for the previous 3 years (see the appeal ruling of the Khabarovsk Regional Court dated January 13, 2016 in case No. 33a-266/ 2016).
If, simultaneously with the claim to establish paternity, a demand for payment of alimony is filed, then if the said claim is satisfied, AP can be awarded only from the moment the IZ to establish paternity is filed in court according to the rules of paragraph 2 of Art. 107 of the RF IC (clause 8 of resolution No. 9).
If the salary and income of the obligated person are not enough, the AP can be collected from the debtor’s funds placed in bank accounts or covered from his property (Clause 1 of Article 112 of the RF IC).
Statement of claim for collection of child support: sample 2018 - 2019
When preparing a statement of claim for the recovery of alimony, you should be guided by the general rules established by Art. 131 Code of Civil Procedure of the Russian Federation. This document is in writing and includes the information listed below:
- the name of the judicial authority to which the IZ will be filed;
- information about the plaintiff and defendant: last name, first name, patronymic and residential address - for citizens, name and location - for organizations participating in the case;
- a description of the essence of the dispute, indicating the affected legitimate interests and rights of the plaintiff;
- a formulated demand for recovery of the administrative liability;
- evidence of the facts cited by the plaintiff;
- the price of the claim with calculation (in this case, the price of the claim is calculated as the total of the AP for the year (subclause 3, clause 1, article 91 of the Code of Civil Procedure of the Russian Federation));
- list of applications to IZ;
- date of compilation;
- plaintiff's signature.
A sample statement of claim for the collection of alimony can be downloaded by clicking on the link: Sample statement of claim for alimony collection .
A sample statement of claim for alimony also requires the presence of mandatory annexes (Article 132 of the Code of Civil Procedure of the Russian Federation), such as:
- copies of the statement of claim for the collection of alimony according to the number of defendants and third parties;
- copies of documents containing justification for the claims made by the plaintiff and certifying the facts given in the IZ, according to the number of defendants and third parties, if they do not have these documents (usually such documents include certificates of registration or divorce, birth of children, certificates of children’s place of residence );
- calculation of the amount to be collected.
A copy of the receipt for payment of the state duty is not attached, since in this case the plaintiff is exempt from paying it by law (subclause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation).
So, a claim for the recovery of alimony can only be filed by eligible persons in accordance with Art. 106 RF IC. The execution of this document must meet the general requirements of the Civil Procedure Code of the Russian Federation for IZ. In this case, the plaintiff is exempt from paying state duty.
There are quite a lot of useful examples and templates on the Internet. Our employees have found for you the least bad ones, as we thought. Almost all of the templates were used in the work. All templates vary depending on the organization they are submitted to.
Naturally, the application to the prosecutor's office differs from the document for work. There are rules regulating what exactly should be included in the corresponding appeal. For certain documents, corresponding standards are established for the external form of their production.
Use the sample below and fill it in with your information. It will be good if you look at other templates from other websites, links to which you will find under the form. Having processed many documents, you will write a document that complies with the law.
Statement of claim for collection of child support
A sample statement of claim for the recovery of alimony for a child or several children from the other parent, taking into account the latest changes in current legislation.
The statement of claim for the recovery of alimony is submitted to the magistrate. The claim can be filed at your place of residence or at the place of residence of the defendant. The plaintiff is exempt from paying state fees.
The claim for child support must be accompanied by a birth certificate of the child(ren), which will confirm that the defendant is the parent. You also need to attach a certificate of family composition, which will confirm that the child lives with the plaintiff and is supported (dependent) by him.
If the parents were married, a certificate of its conclusion (of divorce, if the marriage is dissolved) must be attached to the application. If the parents were not married, this document does not need to be attached.
Magistrate of the court district
No. _____ by city_____________
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
Cost of claim _____________________
(amount of payments per year)
STATEMENT OF CLAIM
on the collection of alimony for a child (children)
I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full full name of the children, date of birth). The child (children) live with me, I fully provide for them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, and no deductions are made from him under writs of execution.
In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,
- To collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) until the children reach adulthood.
List of documents attached to the application (copies according to the number of persons participating in the case):
- Copy of the statement of claim
- A copy of the marriage certificate (divorce certificate if the marriage is dissolved)
- Copy of the child(ren)'s birth certificate
- Certificate from housing authorities confirming the child’s residence with the plaintiff
Date of application _____________ ____ Signature of the plaintiff _______
Download a sample application:
Statement of claim for collection of child support (14.0 KiB, 12,322 hits)
Sample and form of a statement of claim for the recovery of alimony for the maintenance of a child (children)
To the Magistrate's Court of Tutaev
Plaintiff: Natalya Alekseevna Potapova
Tutaev st. Molodezhnaya 13, apt. 4
Defendant: Potapov Alexey Igorevich
Tutaev st. Kirova 7, apt. 19
Statement of claim
on the collection of child support
On July 2, 1999, I married Alexey Igorevich Potapov and lived with him until March 14, 2003. The marriage was dissolved on April 17, 2003. From our marriage we have a child born on December 12, 2001.
The child is dependent on me, the defendant does not provide financial assistance for his maintenance. The defendant does not have another child, and no deductions are made from him according to writs of execution. The defendant does not pay child support for other minor children.
Based on the above and guided by Art. Art. 80, 81 of the Family Code of the Russian Federation
I ask the court:
To collect from Potapov Alexey Igorevich, born on July 16, 1980 in the city of Tutaev, residing at the address: Tutaev St. Kirova, 7 apt. 19 working at the Instrument-Making Plant as a tool maker in my favor alimony for Konstantin Alekseevich Potapov born December 12, 2001 in the amount of a portion of all types of earnings monthly, starting April 2, 2005 until he reaches adulthood
Application:
- .Divorce certificate
Signature: _________ Potapova
The cost of the service is about 2000 rubles.
Statement of claim for alimony, download a sample application for alimony.
A statement of claim for the recovery of alimony is a document that is drawn up when one of the parents refuses to pay alimony. In this article we will figure out how to write an application for alimony to the court. At the end of the article you can download a sample statement of claim for alimony; you can use this form as an example to draw up your own version of the statement.
The law says that any parent is obliged to support their child until he comes of age, and it does not matter whether they live with the child or not, and deprivation of parental rights does not relieve them of this responsibility. Unfortunately, after a divorce, most parents forget about the responsibility of supporting the child and do not attach any importance to upbringing.
To prevent such a case, the former spouses need to conclude an agreement between themselves on the payment of alimony so that the spouse helps raise the child financially. If the parents were unable to agree peacefully and one of the parents refuses to pay child support, then in this case it is necessary to file a claim in court.
How to apply for alimony?
First, let's find out what is the procedure for filing an application for alimony? To file a claim, a parent needs to resolve some issues and have a certain package of documents.
Documents for filing an application with the court:
- a completed statement of claim (a sample form can be downloaded below)
- a copy of the statement of claim, which each participant in the trial must have
Experienced lawyers will tell you how to write an application for alimony and will help you draw it up in order to collect alimony from your ex-spouse. They will represent your interests at the upcoming trial.
If you want to resolve this issue yourself without the services of lawyers, then in this case you need to be careful and take into account all the necessary nuances. If a mistake is made in any matter, then in the future you may lose your money that you receive in the form of alimony. This may arise if the spouse suddenly changes his previous job, changes his place of residence, changes his earnings and other hidden issues.
Application for alimony sample filling
How to write a statement? According to the requirements, the application must be written on white A4 paper. The form of a claim for alimony is free, but a certain procedure for filling it out must be followed.
A sample of writing an application for alimony to the court can be downloaded at the end of the article.
At the very beginning of the form on the right, you must create the “header” itself, which should include the following information:
- name of the court,
- her address
- location of the court,
At the end of the claim for alimony, you must put the date, write your full name and sign. If the application is written to a magistrate, then his full name and the number of the trial site must be indicated on the header. In addition, at the end of the “header” you need to indicate your passport details, address of residence, and registration.
In addition to all this, you must not forget to indicate reliable information about your ex-spouse - this is his full name, place of registration, address of residence, if you know where he is at the time of filing the application.
What should be indicated in the main text of the statement of claim?
The most important thing is to indicate the name of the person from whom you want to collect alimony. There you also need to indicate the date of registration of the marriage and the period of cohabitation. If the marriage was dissolved, then you need to indicate the date of divorce.
The application must contain information about joint children, namely the date of birth of each of them and the full names of the children.
Next, in the application for collection of alimony, you need to write your request: you demand to collect child support from him in your favor and indicate that alimony should be calculated from all his income, starting from the day when the application for collection was filed with the court.
Below you need to indicate the entire list of documents that were attached to the statement of claim. When the document form is completed, you must enter the date of the application, sign and write a transcript of the signature.
Where to apply for alimony?
A completed application for the collection of alimony must be submitted to the court at the place of your registration.
Review period applications for alimony collection
The application form is reviewed within 5 working days. After five working days from the date of filing the statement of claim, the judge must make a decision. This decision is the basis for filing a case against the ex-spouse.
An example of a claim for alimony can be downloaded from the link below.
When a verdict is rendered in your favor, you have the opportunity to receive a portion of the other parent's income. Alimony is distributed as follows: for one child you will receive 1/4 of your spouse’s income, for two children - 1/3, but if you have 3 or more children, then you have the opportunity to receive 50% of your spouse’s salary.
Alimony can be transferred from salary, fee, pension, business activity or other income. In this case, the transfer will occur automatically from the parent’s earnings if the account goes through a banking institution. If the parent does not have income or hides it, or works irregularly and has an unstable income, then the court will establish a certain amount, which the parent must transfer to his child independently.
Download a sample application for alimony
Child support. how to apply for alimony.
alimony from an unemployed person. claim for alimony. sample application for alimony - sample statement of claim, petition, complaint to the court
Child support.
Caring for the maintenance of children is the same responsibility of both spouses. This rule of law is enshrined in the Family Code and the Constitution. Thus, a minor child is protected by guaranteeing the right to receive sufficient maintenance from his parents until he comes of age and even after, provided that there is no possibility of independent earnings.
In the event of divorce, the scope of responsibilities for supporting one's minor children does not decrease. Therefore, the parent who lives separately from the child is not relieved of the responsibility to feed, clothe the child and participate in its development financially and physically.
This is where the question of child support arises. Alimony obligations can be performed either voluntarily or compulsorily.
The second parent does not have the right to interfere with the fulfillment of such duties, and in the event of a violation of the child’s rights, he has the right to judicial protection.
In practice, the most common dispute occurs in which a parent living separately (most often a father) stops supporting his child or children, citing the fact that if he pays money to his ex-spouse, he will live on it. At the same time, the amount of necessary expenses that need to be made for children when they go to school and need additional training and development in out-of-school institutions is often not adequately assessed.
In this case, you need to resolve the issue of paying alimony. You should know that it is not the second spouse, but the child, who has the right to maintenance, and by not paying alimony, an unscrupulous parent deprives his ex-wife (husband) of money, but the child.
Child support can be paid voluntarily or compulsorily.
Voluntary payment of alimony is best made with documentary evidence of such payment. This can be done by opening an account in the name of the spouse or child, with the ability of the other parent to withdraw money from there, as well as by sending child support by mail.
The amount of the payment and its purpose must be correctly indicated: alimony for July 2013, for example. You can, of course, each time you transfer the amount, take a receipt stating that alimony for a specific month has been paid in total and there are no claims. But this is very inconvenient.
Alimony on a contractual basis.
In addition to the above method, you can enter into an agreement on the obligation to pay alimony in a certain amount. The advantage of this method is that if the alimony payer stops paying it, there is no need to file a claim in court.
Collection is carried out on the basis of a court order, in an indisputable manner. Information about writ proceedings in court can be found here.
But what to do if an unscrupulous parent does not pay child support.
How to apply for alimony.
To apply for alimony from an unscrupulous spouse, you will have to draw up a statement of claim for the recovery of alimony for a minor child. A sample of such a statement can be found at the end of this article. To do this, you need to prepare documents confirming all the facts and learn a few correct formulations.
You should not write the history of all your relationships and conflicts in your application. Melodrama is not welcome in court. The facts should be stated, supported by evidence and a reference to the relevant law.
You can also find the legal justification in the sample claim for alimony at the end of the article. The main document here will be a certificate from the place of work about the amount of average earnings. Since the court, when determining the amount of alimony, proceeds from the actual ability to provide financial assistance to the child.
How to collect alimony for a minor child if the former (current) spouse does not work.
Alimony from an unemployed person.
The law provides for the possibility of collecting child support regardless of whether the parent works or not. If you have a permanent job, the amount of alimony is determined as a percentage of earnings. The amount of alimony is determined by the court based on the real need and the amount of earnings of the parent.
If the salary is not regular, there is no permanent place of work, then the court sets the amount of alimony in a fixed amount, taking into account the average earnings in the region and the cost of living for a child of a certain age.
Alimony from seamen.
When filing a lawsuit to collect alimony from a seaman working under a contract, you should know that such a seafarer is actually considered unemployed, since the contract is of a fixed-term nature and does not guarantee that after its completion this specialist will be hired again. Therefore, the collection of alimony from the seaman will be carried out as from an unemployed person.
For alimony. We will figure out what kind of monetary penalties we are talking about, for what reasons you can sue to order payments, where and in what order to apply to bring your idea to life.
The fact is that established Russian legislation will help to understand this issue. Lawyers and judicial authorities are often faced with alimony obligations. And they can explain how to correctly file a statement of claim of the established form in a given case. So what should the population know about this issue? And what do the samples for alimony look like? All this will be discussed further below.
Alimony is...
First of all, you need to understand what kind of payment we are talking about. Understanding will help you understand under what circumstances you can go to court. Alimony is material benefits that are given by one person for the maintenance of another. As practice shows, this term is used in relation to relatives.
Alimony may be awarded:
- married to a disabled spouse;
- for children of marriage;
- for a wife and minor children in officially registered relationships;
- for parents (disabled);
- for the maintenance of minor common children upon termination of a relationship.
Modern lawyers point out that recently, very often, mothers file for alimony for children and for themselves in marriage. An able-bodied husband refuses to support his wife, who is caring for their common child. And this is a reason to file a lawsuit.
Where to contact
The next question that interests many is where to go to schedule payments. You can draw up a settlement agreement with a lawyer. But, as practice shows, it does not provide any guarantees to the vulnerable recipient party. Therefore, any free lawyer or person with a legal education will advise you to go to court immediately.
There are many different judicial bodies in Russia. Which ones are suitable for considering issues related to alimony? The citizen-applicant must send his appeal to the magistrate's court at his place of residence. Better - according to the defendant's registration. Accordingly, only a magistrate judge considers alimony disputes. The court on alimony in these bodies is a normal process.
What else do you need to know about the purpose of maintenance payments? And what is the correct way to file a claim in this or that case?
Expression of alimony
The fact is that alimony is, as already mentioned, material benefits. They can be expressed not only in money. And every citizen should know about this. Usually, alimony means monthly payments in certain amounts. But it is also possible to express alimony in the form:
- a one-time or simply multiple large payment;
- property;
- real estate transferred to the recipient;
- other material goods that will be given to the recipient.
Legal advice quite often indicates that people are more interested in money as well as real estate. If we are talking about payments for a minor, then parents often transfer apartments and other property to their common child. This step removes alimony obligations. But most often, the plaintiff still demands monthly payments in certain amounts.
Amount of alimony
Cash maintenance benefits can be awarded in several ways. The first is a fixed amount of money. Regardless of the payer’s income, he will have to transfer a monthly established amount of money within the agreed time frame. In practice, this approach occurs when the payer does not have official employment or a permanent source of profit.
Most often, alimony is awarded as a percentage of wages. The size depends directly on the number of recipients. If a citizen thinks about children as a percentage of earnings, he must understand that there are restrictions on payments. The amount payable cannot be:
- less than 25% if there is 1 child;
- less than 33% if there are two children (16.5% for each);
- less than 50% when there are more than 2 minor children.
In some situations, interest payments may increase or decrease under certain circumstances. Is there any way to avoid paying this money?
Is it possible not to pay child support?
What do knowledgeable people think about this? A free lawyer, as well as one who gives paid consultations, will definitely say that a citizen who has been sued will not be able to evade paying alimony. After all, liability for content is not removed in Russia by law.
Some people think that not having a job is a good excuse for shirking responsibilities. Not at all. Then alimony is assigned in a fixed amount. They will be collected even from benefits. The claim for alimony for a child or another family member will still be satisfied. Maybe not in full, but you need to pay.
But you can reduce the amount of alimony. This, as lawyers say, is possible in the following cases:
- after payments, the citizen’s financial situation sharply worsens (in practice this is rare);
- at the birth of another child;
- if the payer is disabled.
There are no other legal ways to reduce the assigned payments. Dodgers will be deprived of their driver's licenses and the ability to travel outside the country. In any case, you will have to pay child support.
Procedure for going to court
A sample statement of claim to the court for alimony will be presented a little later. First of all, it is necessary to understand how exactly to apply to a judicial authority with a claim of the established form. After all, without this, it will not be possible to collect alimony from a citizen in certain amounts.
Fortunately, the application procedure is extremely simple. You must adhere to the following algorithm of actions:
- You should write a claim according to the established rules. How correctly will be discussed further below.
- Collect a list of documents necessary to satisfy an appeal to a judicial authority.
- Submit a statement of claim with a package of papers of the established form to the Magistrates' Court (the appeal is considered within 5 working days).
- At the appointed time, the parties meet at the court hearing to study the case materials and make a final court decision.
Nothing else is needed. After receiving a court decision, it will be possible to officially collect alimony from the citizen according to established rules. As a rule, the claim is not subject to appeal. It has already been said that under certain circumstances you can submit a counter-application for a reduction in payments. But nothing more.
Writing rules
How to file a claim correctly? What rules must be used to ensure that the application is written correctly? It's actually very simple. How to apply for child support? What about disabled parents? Regardless of the nature of the claim, it is required:
- In the upper right corner of the page write information about the court to which the citizen is applying. It also contains information about the plaintiff and defendant, as well as contact information for communicating with them.
- In the center of the sheet they write: “Statement of claim for alimony...”. In place of the ellipsis - for whom in a particular case the payments will be intended.
- Next is the main part. It requires stating the essence of the appeal, terms of payment and other circumstances that may affect the course of the case.
- If there are witnesses or evidence of certain actions, they are listed after the main part of the statement of claim.
- The appeal ends with the date of filing the claim and the signature of the applicant (it is also advisable to include a transcript).
As you can see, everything is actually much simpler than it seems. Many statements, not just lawsuits, are drawn up using a similar scheme.
About documents
How to apply for child support? And in general, for alimony? It has already been said that for this it is necessary to collect certain documents. Which ones specifically? It all depends on the situation. But most often they require:
- the applicant's identity card;
- claim with detailed requirements;
- documents of relationship with the payer (marriage/divorce/birth certificate);
- income certificates (for disabled parents);
- account details and statements from it;
- any documents that may affect the case.
For parents
First, a template for a claim for child support for parents. Not so often, but such statements do occur. You can follow a similar scheme of actions:
“I, Ivan Ivanovich Ivanov, (passport details), father of Mikhail Ivanovich Ivanov, (information about the child), ask that alimony be assigned for the maintenance of me and my disabled wife, Marina Dmitrievna Ivanova, (information about the citizen). Our common son refuses to support us “At the moment, my wife and I are disabled pensioners, disabled people of the 3rd group. We both do not work, we receive pensions. I ask you to assign monthly payments in the amount of 10,000 rubles.”
Per child
Samples of claims for alimony may vary. The fact is that most often there are claims for collection against children. For example, they look like this:
“I ask you to collect from my ex-husband, Kemerov Kirill Petrovich, (passport data if possible) for the maintenance of our common child, Kemerov Makar Kirillovich, (data about the baby) in the amount of 25% of monthly earnings. At the moment, the child’s father and I are divorced He regularly comes to see the child, but refuses to voluntarily pay child support. Evidence is attached to this application. A mutual friend of mine and Kirill Petrovich, a neighbor, Marina Ivanovna, who lives at the address (address and contacts) can confirm the regular visits.
Married
Sometimes, as already mentioned, you have to apply for alimony during marriage. Then you can use the following example:
“I ask you to collect from my husband, Ivan Ivanovich Ivanov, alimony for the maintenance of me, my official wife, Anna Vasilievna Ivanova, and our common minor child, Maria Ivanovna Ivanova, in the amount of monthly payments of 15,000 rubles. Due to the birth of the child, I am incapacitated and I take care of the baby. The only source of income is my husband, the child’s father. He refuses to support us, taking advantage of my position. Evidence of my husband’s refusals and income is attached to this claim."
This is exactly what a sample statement of claim to court for alimony looks like. There is nothing difficult in compiling it.
