After the collapse of the family, as a rule, only one of the parents is engaged in the further education of the child.
And therefore, its costs for children are becoming more.
Often, the second of the parents, at first, seizes a voluntary desire to participate in providing a joint child. As a rule, to educate the child obliges their spouse while the husband either ceases payments after a while, or reduces their volumes.
In this article we will not talk about who is bad, and who is good. Just answer some questions.
Why apply for alimony
You can apply such a claim not only after the divorce, but also when the spouses are still married. If you do not do this right away, then it will be more difficult to recover the debt. And this is not to mention that inflation has already ate part of the amount.
How to declare for alimony
First, we will define the documents that you have to provide. In order to file a claim, you must attach to the application:
- A copy of the court decision on divorce. And not a certificate of divorce, but the court decision. The fact is that if there are children, the court is the only instance that has the right to provide a divorce.
- Certificate of birth of a child (copy).
- A copy of the passport.
- Other documents confirming the correctness of the requirements.
This list is for cases if the official divorce has already taken place. If you are still married, then instead of a court decision on a divorce, a certificate of marriage is attached to the application.
In the event that any document is at your spouse, you can demand them by court decision. It is worth noting that when considering cases of payment of alimony, the plaintiff does not pay a duty. Her payment is assigned to the respondent.
Prepare all the necessary documents, proceed to writing a statement
As a rule, these statements do not differ in the wording. You can get acquainted with the example of the claim right now on this page. It must contain:
- The name of the court in which the lawsuit is sent.
- Personal data plaintiff and defendant. Namely: name, place of residence, registration, contact numbers of phones.
- The essence of claims on the suit. What exactly the plaintiff wishes.
- Description of the status of the plaintiff. The presence of joint children, the lack of voluntary payments from the defendant and so on.
- Links to evidence (documents).
- List of accompanying documents.
- Signature plaintiff.
Do not regard our sample statement as an established form. Each has personal circumstances. And if you need to specify, then specify. In case of difficulties in making an application for alimony, you can seek consultations to our lawyers.
Below is a typical form and a sample claim for the recovery of alimony option for free.
Alimony is the monetary amounts that, according to the law or voluntary agreement, are paid by the parent for the maintenance of minor children.
The Family Code provides that the issues of children's content can be resolved by their parents. So, according to Art. 99 SC RF Mother and Father can conclude a contract () about what amount and the procedure will be paid. The contract signed in the presence of a notary, acquires the validity of the executive list, and parents are obliged to fulfill the arrangement.
But if the voluntary payment of content is impossible, the question can be resolved in the lawsuit.
Opinion expert
Alexey Petrushin
Lawyer. Specialization family, housing law.
The procedure for the actions of the parent who intends to recover the alimony in court will be like this:
- Explore the legislative framework for the recovery and payment of alimony;
- Correctly make a statement of claim for the payment of alimony;
- Collect documents that need to be attached to the suit;
- Submit a lawsuit and documents to the court;
- Take part in court sessions;
- Get a court decision;
- Transfer an executive document for the forced recovery of alimony.
Order and claim for the recovery of alimony to a child
So, before proceeding with the preparation of the claim, the parent should be familiar with the legislative framework for the recovery of alimony.
The recovery of alimony in court may ...
- In order of ordinary production (by filing).
The order of the order is allowed in cases where paternity is undoubtedly if the father constantly works and does not object to keeping funds from its wages, if the recovery of alimony from the father's wages does not affect the interests of others. The advantage of an ordinary order of recovery of alimony - brevity and simplicity of the procedure: it takes just 5 days And does not imply the attraction of parents to legal proceedings.
- In order of claim (by submitting the claim).
The claim is applied in all other cases: if disputes arise between parents about the child's content (for example, if paternity is not confirmed if the father refuses to pay alimony, does not work, hides the actual income size, hides), and also if the recovery of alimony affects the rights of others Persons.
Claim for the recovery of alimony it takes 30 days And he implies the direct participation of parents in the trial.
Read more about how to make a statement of claim - read below.
Who can file a lawsuit?
The right to submit a claim for the payment of alimony are endowed with ...
- parents;
- guardians (trustees) of a child;
- officials of children's institutions or state bodies operating in the interests of the child.
If the alimony is charged with the parent (father or mother), it is a prerequisite joint stay with son or daughter. After all, keep the child should equally both parents.
To consider the case of the child's content, it does not matter, parents are in official marriage or divorced, they live together or separately. Failure to fulfill the father or mother of their obligations to keep the child is the basis for appealing to court for alimony.
If the child lives in relatives, they have the right to apply for alimony to parents only after registration of guardianship or guardianship. A trustee or guardian is also a legitimate representative of the child and is endowed with the right to represent his interests in the judiciary.
How to write a lawsuit?
There are the rules for compiling a claim (Article 131 of the Code of Civil Procedure of the Russian Federation) established by civil procedural legislation. If the content or form of the application will contradict these rules, the court has the right to return or leave a lawsuit without movement - before eliminating the deficiencies or correcting errors. Therefore, the written claim should approach thoroughly and responsibly.
Adhere to official-business style, set out the circumstances concisely and briefly, avoid astringent and emotional-painted expressions. Refer to the evidence that must be applied to the claim in the documentary form, mention the norms of legislation confirming your right.
Consideration by the court claim for the recovery of alimony on children
So, the first court session is appointed within 30 days after filing. The parties receive notice of the date and place of the court session.
During the meeting, the Court considers the lawsuit and submitted documents, checks the legality and legality of the claimant's claims. The plaintiff has the right to refuse the claim. The defendant has the right to support the lawsuit, as well as against him or. The parties have the right to argue and additional evidence, submit petitions, invite witnesses. In addition, during the court session, the parties can conclude.
According to the results of the consideration of the case the court makes a decision:
- satisfy the claim and recover the alimony for the maintenance of children (indicating the size and method of accrual (share or fixed), and the procedure for payment);
- refuse to satisfy the claim.
Court decision may be appealed by the parties within 30 days from the date of being submitted.
What to do with the court decision on the recovery of alimony?
But to get a positive court decision on the recovery of alimony is not enough. So that the Court appointed by the Court began to receive a parent, a court decision should be fulfilled.
Based on the decision of the court, the plaintiff will receive an executive list. This document can be served ...
- to the administration at the place of work, receipt of a pension or social payment, scholarships, another payer income - to hold the amount appointed by the court in favor of the recipient;
- in the contract of bailiffs - for the forced recovery of alimony from the income of the payer, if he refuses to voluntarily pay the amount appointed by the court.
The recovery of alimony begins from the date of filing a claim in court, and not from the day or entry into force of the court decision.
More information about the procedure forced recovery of alimony can be found in the article and
Category "Question / Answer"
Question. How is a lawsuit on receiving alimony if the husband already contains a child from the first marriage?
You can create a statement of claim based on recommendations and the example above, but indicating additional information.
Recent changes: January 2020
By law, both parents should take equal part in the education of the child. This duty is maintained, even if they did not work in a legitimate marriage or broke up several years ago. When one of them shies away from this, the second to defend the interests of a minor can file a lawsuit against alimony. He is not subject to a duty. To know how to write an application for alimony, you can focus on the sample.
General rules
The text can be printed on a computer or write from hand.
Document is compiled in free form. It is possible that the sample of filling out an application for alimony will be in the court secretariat. The main requirement - the application must contain information:
- The plaintiff and the defendant: their name, accommodation addresses, contact details;
- information about the child (children) on which they need to recover alimony;
- Description of the circumstances: whether the parents of the child were married to whom the minor, the degree of participation of the second parent in raising and maintenance
- references to the law (Articles 80-83 of the Family Code of the Russian Federation);
- Request to the court on the appointment of alimony. It is necessarily indicated in what form (percentage of income or solid money amount) and in what amount the plaintiff wants to receive money.
The application will need to attach:
- a copy of the applicant's passport;
- a copy of the child's birth certificate;
- Certificate of family composition.
The list of other documents depends on the circumstances of a particular case. This may be a certificate of paternity, document on the conclusion or termination of marriage, certificates of income and expenses, etc.
Application to the court after divorce
When applying for a claim, an alternative jurisdiction is applied - the claimant itself chooses where it is more convenient for it to apply, according to his own registration or at the place of residence of the defendant. There are two types of documents on the holding of alimony: judicial order and executive list.
The procedure for issuing a judicial order is more simple (art. 122 Code of Civil Procedure of the Russian Federation). This does not require consideration of the case in the presence of parties. But it is possible to assign alimony in more than income. Therefore, if the child's father does not have official earnings, getting money will not succeed. It is also impossible to make a court order regarding the parent, whose location is unknown.
The statement indicates:
- Court name;
- Information about the recoverer and payer: FULL NAME, date of birth, addresses. The place of residence of the respondent must be relevant, it is also advisable to specify the contact details;
- Title of the document: "Application for issuing a court order for the recovery of alimony"
- In the substantive part, the circumstances of the case are set out: the name and age of the child, as the marriage is terminated, whether monetary assistance arrives from the defendant if it goes - in what size. For example, a father gives 500 rubles each month., Which is significantly less than that amount he is obliged to pay by law. If it is known for the place of work of the respondent, it can also be indicated as proof of solvency;
- Link to Art. 81 of the SC of the Russian Federation that parents are obliged to contain minor children;
- Please issue a judicial order for the recovery of alimony;
- list of attached documents;
- Date and signature.
Copies are attached to the application:
- applicant passports;
- Certificate of divorce and birth of a child.
And the original certificate of family composition.
The judge makes a decision alone within five days. After that, the judicial order is sent to the defendant. If he does not dispute the decision, the document comes into force. However, if the defendant wants to protest the order, he does not need to motivate it. It is enough to report my disagreement so that the order returns back. In this case, for the recovery of alimony will require a claim to court.
Also, as well as the statement, the lawsuit in court are in free form. The "Cap" of the document is filled in the same way. The title is written "the statement of claim for the recovery of alimony to ... (child name)." The substantive part is made in a similar way. But at the same time, it is possible to write down the cost of the child in more detail, supporting them with receipts and checks. This is especially desirable if the alimony is prescribed in a solid amount. When set out the request for the appointment of alimony, you must specify their shape and size.
In addition to the main documents, the statement is applied to the claim for the revenues of the plaintiff and, if there is an opportunity, about the income of the defendant, accounts and receipts on the cost of child and other documents that substantiate the legality of the requirements.
Application for marriage alimony
Sometimes the need to officially recover the child's alimony arises during a marriage. For example, one spouse spends all revenues only on yourself.
The procedure for submitting an application remains the same. Minor differences concern the court in which the claim is served and the meaningful part of the document.
If the spouses live together, the address of the placement and the defendant coincides. Accordingly, it is not necessary to choose a court to submit an application - they appeal to the place of their registration. When they actually live at different addresses, the alternative jurisdiction rule is preserved.
Since the parties are not divorced, information about this will not be in the statement. Instead, the date of the wedding is indicated and the spouses live together at the moment. Also, the applicant justifies the need to receive alimony. For example, that the husband abuses alcohol and does not highlight money for the maintenance of the child. If the spouse has other dependents, it is also advisable to specify for the correct calculation of alimony.Otherwise, the content of the application is no different. To the claim, instead of a divorce certificate, a document is applied to the conclusion of marriage.
Sometimes an application for alimony on the second child is served in order to reduce the amount of payments to the firstborn. If the spouses are legally married, it will be necessary to prove that the father of money for the maintenance of the child does not allocate. For example, in the family, a separate budget and all the costs of a child lie on his wife. In this case, in accordance with the law, the total amount of alimony on two children will be 1/3 of the payer's income. Of these, half will be listed with the first spouse, and the second part is the one with which the man is currently married.
Application for alimony outside of marriage
The right to alimony arises with the birth of a child and does not depend on whether his parents are legally married. If paternity is registered, a man is obliged to maintain a child. At the same time, the record in the birth certificate from the words of the mother is not such evidence. Father must do it voluntarily. When he disagrees with the fact that the child is conceived from him, at the request of a woman. In case of a positive result, paternity confirms the court decision.
The application procedure is similar to that provided for divorced parents. But in the text of the article, you need to report that the father and mother of the child did not consist. Also indicated how paternity was recognized - by mutual agreement in the registry office or according to the results of genetic examination. Application apply the appropriate certificate from the registry office, the court decision, the conclusion of the laboratory and other supporting documents.
If a man refuses to admit that a child from him, the statement is set in request.
Statement in accounting
If the payer works, the accumulation of accounting from its wage holds. Typically, the executive sheet is transferred to the bailiffs. But the recipient can attribute the document personally. No additional references do not need.
Also, the payer can contact the accounting department at the place of work independently, for example, if he has an agreement with the recipient about the amount and the procedure for transferring money. How to make an application for deduction of alimony will be prompted by an accountant, since each organization may have their own nuances regarding the design of documents and office work.If one of the parents refuses to contain a child, it violates the rights of a minor. You can protect them by submitting a claim for the recovery of alimony. They make it in free form, a duty such a service is not subject. Based on the document received (a lawsuit or executive list), a compulsory retention of money is possible.
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The statement of claim for the recovery of alimony is a letter to a law enforcement agency to protect the rights of juveniles. Sample can be downloaded for free.
The decision to create a family imposes not only rights on spouses, but also duties. The duty of child education is the most important in the life of the parent. Unfortunately, many marriages disintegrate, despite the fact that there are minor children. Claim for the recovery of alimony It becomes forced to appeal to the law enforcement agencies to protect the rights of minors. A sample of the claim for the recovery of alimony can be downloaded for free on the link.
The alimony letter under consideration is submitted to the minimum of three copies. One copy is issued back to the applicant with a mark on the adoption, the second is sent to the defendant at the place of registration, the third is kept in the case. After alerting the plaintiff and the defendant about the place and time of the preliminary meeting, the date of the main hearing is determined. The lawsuit on the recovery of alimony, often, is considered without the defendant. Such a circumstance is associated with the reluctance of one of the parents to bear the obligations to ensure their child.
Mandatory claims for the recovery of alimony
:- In the upper right corner, the investment details are recorded, the response data, their own information;
- Title, short description;
- A description of the circumstances of separate accommodation and the indication of information about joint children;
- Requirement, place of work of the response;
- Applications, signature, decoding, date.
Prejustable parents are both interested in ensuring that their children are normally secured, well-groomed, and understand that the issue of ensuring siblings to decide still will have to do, but do not always find a common language. Ideally, when people who lived in marriage did not lose respect for each other and were able to solve the problem of paying alimony in a peaceful way.
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Former spouses for the decision on the material provision of children living with one of their parents who did not come to the general denominator.
How to write a claim for alimony?
This form will only be fill.
Claim for the payment of alimony in a solid monetary amount
In what cases is written?
About the specific amount of the so-called solid, can we talk if aliferry does not work officially, or has non-permanent employmentor gets a salary with some kind of natural items, things. Since the alimony is paid before reaching the age of 18 years, it should be considered to calculate the amount of charged funds very seriously.
Knowing that the former spouse earns not bad, only unofficially, it should be calculated, no matter how much the husband would pay the husband of alimony, whether his income is "white". Exactly 1/4 for 1 child or 1/3 for two children, pronounced in a specific value, and should be negotiated in the claim, asking for the recovery of alimony in a solid monetary amount.
Thus, in case the spouse, obliged to pay alimony in wages, did not work, the specified value of alimony will be determined based on the size of the average wage in the Russian Federation.
In the claim, pointing out the amount of alimony, you need to be sure that you can prove that it is just as much money to maintain the standard of living who is familiar to the child, and confirm with checks, receipts that should be an attachment to the claim.
It should be known and be prepared for the fact that the court applies especially carefully, closely to such claims, and decisions are made long enough, as checks and clarifications are underway.
Sample claim for feeding
Solid Statement Blank: Download
It should not be considered that the court treats formally on the issue of alimony - no, the arguments of the defendant will be listened if issues or objections on his part arise. The court will also establish whether there are no circumstances that will affect the standard of living of the alimony payer sharply negatively - there are dependents, disabled parents, a pregnant spouse, baby, only born in a new family, and the like.
It happens that a business brings a good income to the child's name is open, then the question of the recovery of funds can be considered under a different angle.
Since the provision of a worthy level of the existence of children is a serious case (the outcome of the court will solve the fate of the size of the alimony at times for a long time, until the age of majority), then it is worth think about help in drawing up a claim for a qualified lawyer.
