Sue for marital support. What documents are required

The publication discusses the procedure for issuing maintenance payments in situations where the spouses are married. Methods for carrying out this procedure are also described. In addition, a list of necessary documentation is provided when drawing up amicable agreement or resolving the issue in court.

The maintenance of the child is the same responsibility of the parents as the upbringing and care of him. Therefore, if one of them evades the fulfillment of these obligations, which fell at the birth of a child, he can legally be forced to do so. It does not matter whether the divorce was carried out or not, since the spouses may not live together, but are officially considered a family.

Important! Not all categories of persons can apply for alimony payments in marriage, but only those whose list is strictly limited. These include pregnant women, disabled persons with a disabled child, who are on parental leave.

What documents do you need to apply for child support?

The list of required documents depends on how the issue between the spouses will be resolved. There are two main methods:

The first method is the most loyal in relation to both parties to the transaction. This loyalty is ensured by the fact that he:

1. Saves time. Since you do not need to apply to the court and wait until they invite you to a court session. In addition, the trial may drag on for several months due to some reasons. Which include:

• extension of terms due to insufficient grounds for making a decision;
• postponement of the date of the hearing due to the absence of one of the parties.

In the first case, all documents can be processed in a couple of days.

1. Saves nerves. The solution of the issue in judicial order is always a complex and morally difficult matter. Therefore, if you are going to take such a step, you should be patient.
2. Saves money. Legal costs, in addition to the payment of the fee, may include the payment of services:

• preparation of documentation;
• sending documents by post;
• obtaining legal advice;
• to hire a lawyer.

Of course, having sufficient legal knowledge and experience in drafting legal documentation, one can avoid additional costs. But, since a correctly drawn up claim is the basis for considering or refusing to consider the case, it is better to be sure that it is drawn up correctly.

Documents for child support in marriage in both cases are:

• parents' passports;
• certificates of income of the alimony.

In both cases, you will also need to draw up a document that serves as the basis for starting the procedure.

Documents required at the conclusion of the agreement

The conclusion of an agreement is a peaceful way to resolve the conflict. It is possible only if the spouses have come to a compromise. An agreement in terms of legal force is equated to a writ of execution, therefore, if there are problems with obtaining alimony, it is necessary to contact the bailiffs with it.

child support agreement template

A prerequisite for the execution of this agreement is notarization. This is indicated in the provisions of the articles of the Family Code. However, you can draw up the document itself, because for the implementation technical work The notary will charge an additional fee.

The documents for filing for alimony without a divorce in this case are as follows:

• the agreement itself (if drawn up independently);
• participants' passports;
• birth certificates of the child/children;
• income statement;
• check for payment of state duty.

Writing an agreement is a fairly simple procedure, but requires utmost care. It consists of three mandatory parts:

1. Introductory:

• information about the first party to the agreement (last name, first name, patronymic, passport details, registration address);
• information about the second participating party (same);
• details of the marriage certificate.

1. The descriptive part, which states:

• the amount of maintenance payments (can be a percentage, a fixed amount or mixed);
• payment terms (monthly up to a certain date, 2-3 times a month, one-time, etc.);
• form of payment (cash, non-cash);
• the rights and obligations of the parties participating in the signing of the agreement.

1. Final part:

• the date and place of the agreement;
• basic information about the notary who certified the document;
• participants' signatures;
• seal and signature of the notary.

The agreement must be written in triplicate, for each of the signatories. Services for notarization of a document include payment of a fee and technical work (if the latter took place).

Where are the documents submitted in case of a court hearing?

If it was not possible to reach a compromise, then to resolve the issue of the appointment of alimony payments, it is necessary to go to court. As a general rule, one must apply to the branch of the world court, which is located at the place of registration of the defendant - the person to whom the claim is made. However, for women who have small children, there is an exception that allows them to apply to the nearest branch of the court.

Exceptions can be provided in several ways:

• personally or through a representative;
• by registered mail using postal services;
• online application using Internet services (official website of the judiciary, State Services).

The first method is the most reliable in the sense that you can personally verify that the documents have been accepted. If actions are performed through a representative, then a notarized power of attorney in his name will be required.

Important! When sending by registered mail, it is recommended to do this with a notification that will be returned to the sender upon receipt by the addressee. Also, with the help of Internet services and applications, it is possible to track a letter throughout its journey to the recipient. However, this method requires additional costs (for the purchase of an envelope and sending), as well as time.

The third technique is suitable for those who are good with a computer. If the application is submitted through the State Services, then you must have a confirmed account. This method is the most convenient, because you do not even need to leave the house.

Benefits of using the public services service

Documentation for obtaining alimony through the court

What documents do I need to submit to the court to file for child support? The general list is as follows:

• copy of the passport;
• copies of the birth certificate of the child/children;
• a copy of the document confirming the marriage union;
• information about the composition of the family of both parties;
• income statements of both parties (if any);
• documents proving that the defendant does not pay child support;
• bank statement with the account number of the potential recipient of maintenance payments
• fee payment check.

If, for any reason, the plaintiff is unable to obtain required document, he indicates this fact and seeks help from the court.

Important! A marriage certificate can be requested again from the registry office. To do this, you will need to write an application, pay a fee and wait for a set period of time to prepare a new form.

And yet the main document that gives rise to the whole process is the statement of claim. It must be presented in triplicate: two of which are given to the parties involved, and the third remains in the judiciary. You can file a claim both independently and seek help from specialized services involved in the preparation of documentation for state bodies. A lawsuit is drawn up if a conflict arose between the spouses regarding the procedure for the financial provision of the child.

The exception consists of three parts and contains the following data:

1. Introductory:

• the name of the court and the address of its registration (zip code, region, city, street, house and building);
• personal information about the plaintiff (last name, first name, patronymic, passport details, address of the place of registration and contact phone number);
• personal information about the defendant (same);
• Title of the document.

1. Main:

• details of the marriage certificate;
• personal information about the child/children;
• indication and evidence that the defendant is not fulfilling the obligation to support the child;
• description of requirements;
• calculation of the claim and its price (can be made both in a fixed amount (not less than the minimum amount) and as a percentage (a quarter of the defendant's income);
• justification of the amounts received;
• information about the place of work of the defendant;
• account details.

1. Final:

• list of attached documents;
• date and signature of the person.

This claim must comply with all norms of the law and official office work. In addition, it should not contain errors, blots and other inaccuracies that are the basis for refusing to consider it. The content of knowingly false information may lead to backfire: from the rejection of the application to the initiation of a criminal case. The application can be handwritten, typed, or filled out on a form. A sample filling can be found on the Internet by typing a query into the search box, or at a stand in a judicial authority.

Sample letter of claim for child support payments

If there is no conflict between the parties, but a peace agreement has not been drawn up, then an application is submitted to the court for the recovery of alimony.

It also consists of three blocks and contains information such as:

1. Introductory part:

• name of the court and place of registration (zip code, region, city, street, house, building, etc.);
• information about the applicant (last name, first name, patronymic, passport details, registration address, contact phone number);

1. Main part:

• information about husband and wife (last name, first name, patronymic, passport details, registration address);
• details of the marriage certificate (number, date, series);
• information about the child/children (last name, first name, patronymic, date of birth);
• a petition stating from whom, for whose security and in what amount the payment of alimony is required.

1. Final:

• list of attached documents (point by point);
• date and signature.

The procedure for consideration by the court of this application is simplified and does not require calling the parties and scheduling a meeting, and the consideration period is five working days. However, it still requires special care and thoroughness of compilation, since it is submitted to the state body and registered by it. But in some cases, this procedure becomes more complicated and requires the filing of a statement of claim.

What documents may be required additionally by the court

What other documents are needed for child support in marriage in Russia in 2018? The list of them depends on what other additional circumstances are present.
It can be:

• medical certificates regarding the fact that the child is disabled;
• certificate of a disabled person;
• medical certificates confirming the wife's pregnancy;
• a document confirming the temporary or permanent disability of a woman;
• a document confirming the fact that the woman is on leave to care for a child up to three years;
• documents from an educational institution confirming the fact that the child is studying full-time (for adults):
• other documents.

Disability certificate template

In some cases, a woman has the right to apply for alimony not only for a minor child, but also for herself. This applies to pregnant women and those who care for a child under three years of age.

So, the question of how to file for alimony in marriage, what documents to collect and where to apply, is quite popular, since both the number of divorces and the number of those who refuse to fulfill their obligations to support children while married are growing. At the same time, one should not be afraid of a rather complicated and lengthy procedure, since in most cases the court takes the side of the child (in the person of his mother) and satisfies the claim.

If the alimony does not pay the established amounts, then you need to contact the bailiffs. Bring the agreement or court order/decision with you. These documents, in fact, are the basis for the commencement of enforcement proceedings. And if the second spouse does not want to voluntarily pay the costs of maintaining the child, then this will have to be done forcibly. In addition, the state is improving legislation in this area, tightening measures for non-payment of alimony payments up to real conviction.

In practice, spouses often register a marriage, but do not live together. Or they live together, but one of the spouses refuses to contribute money to the family budget. It is possible to forcibly recover funds for the maintenance of a child (children), a pregnant spouse or a wife who cares for common child, who is not yet three years old, in court.

Which family members are eligible for child support?

The law protects the rights of family members that have arisen as a result of the official registration of marriage. Spouses who have registered a marriage have obligations to support common children and each other.

The following are entitled to alimony:

• minor common children;
• disabled children, for example, those with a disability or a severe incurable disease, at any age;
• disabled spouse who needs financial support;
• pregnant wife;
• a wife who takes care of a small child under 3 years old;
• a spouse who cannot provide for himself due to the fact that he is caring for a common minor (under 18 years old) disabled child, if the child has a child disability of group 1, then age does not matter.

How can alimony be collected while in a registered marriage?

An effective way to collect alimony is an agreement. It has legal force if registered with a notary. The document will be drawn up by the notary himself, you just need to decide on the terms for paying the maintenance and its size.

If it is impossible to conclude an agreement, then the party that needs material support goes to court.

To go to court, with the aim of recovering a financial allowance for a needy family member, you need to collect a package of documents, draw up an application and take all the documents to the proper court. This requires the presence of special legal knowledge, but filing for alimony is quite within the power of any person.

Issues related to the recovery of alimony are regulated in detail by two main legislative acts: Family Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.

How much maintenance is charged for children and spouse?

• for 1 child - 1/4;
• – 1/3;
• the maximum amount - 1/2 - for 3 children or more.

The amount is finally established by the court based on the financial capabilities of the parties to the dispute and specific life circumstances.

If there is no salary or the salary is unstable, you can declare the desire to receive maintenance in the prescribed amount, regardless of the salary. Also, in a fixed amount, alimony is collected for the maintenance of the needy spouse.

Documents will be collected not from the moment the child is born or a difficult life situation arises, but from the date of application and until the termination of the right to alimony: the child reaches the age of majority, childbirth (pregnant spouse), the minor child reaches 3 years old.

Court order to obtain maintenance for a child and a spouse

In the event that the claim is indisputable, the case is considered by order. The issue of collecting alimony for recognized children and needy spouses is indisputable. IN this case there is no need to call and interrogate the parties, present any evidence and testify. All information will be contained in the submitted documents.

If there are documents that confirm that the marriage was officially registered and the child was born during the period when the marriage existed, the court itself will consider the documents and, on their basis, make a single decision, which will be called a court order. A copy of the order is issued to the applicant, and the court may, at the request of the needy family member, send the document to the bailiff, who will independently take care of the execution of the court act and the recovery of funds for the maintenance of the child and family.

A court order (a copy certified in court) is an executive document. Failure to comply with a court order, for example, hiding a place of work, entails liability, which is applied by law enforcement agencies.

In which court are documents filed for withholding child support?

Cases that relate to the withholding of alimony are considered by a justice of the peace. Documents general rules, should be filed in locality(urban area) where the alimony spouse lives. For the convenience of women who have small children, the law makes an exception in cases of alimony - the plaintiff can go to court in the locality and area where he lives. The choice of court to which the needy spouse will apply depends on his desire.

What documents are needed to apply for child support?

To submit documents to the court for the recovery of alimony, you need to draw up the text of the application for issuing an order by the judge (2 copies), pay the state fee and attach those documents that establish the right to receive maintenance.

If any of these requirements is violated, the application will not be considered.

A sample of the required application can be found in the court in which the claim will be filed. You can also download the application forms for issuing an order for the recovery of alimony in the panel on the right.

The Civil Procedure Code of the Russian Federation gives the details that should be contained in the text of the claim:

• in which court the documents are submitted;
• information about the spouses (full name, address, additionally for the spouse against whom the lawsuit is filed, you must indicate the place of work);
• the applicant explains in writing all the circumstances that have arisen (the spouse refuses to support the family, etc.) and expresses a demand to collect maintenance forcibly;
• a list of all documents with which the plaintiff can support his claims.

The application must be drawn up in two copies, the second will be sent for review to the debtor.

The plaintiff shall attach a receipt confirming the payment of the state duty to the application.

Also attached in copies are all documents that confirm the plaintiff's right to receive maintenance: state registration marriage, children's metrics, certificates of where the child (children) lives.

Refusal of the court to consider the application for the recovery of alimony

The court may refuse to consider documents in the following cases:

• the defendant lives outside the Russian Federation;
• there are no official documents that confirm the right of the child (children) and spouse to receive financial support from the defendant, or this right is controversial;
• stamp duty not paid.

As already mentioned, the court considers indisputable claims by order. Now there are often situations when children are born in civil unregistered marriages and only the mother of the child is indicated in children's documents, there are no documents confirming paternity (the father is not indicated in the birth certificate). In such situations, you will first have to prove the fact of paternity, and then collect alimony.

The procedure for issuing a court decision on the recovery of monetary maintenance

The court issues a writ within 5 days from the moment the application was filed. The parties will not be summoned to court - the judge will independently consider the materials provided by the needy spouse and issue a verdict on the fact of the right to alimony, which is established by the documents provided.

In the decision, the court will indicate the amount of payments and the timing of their payment. The debtor will be notified of the court's order to recover the money. If, within the established 10-day period, the debtor does not express objections on the merits of the court order, then he acquires the force of an enforcement document, excluding lawsuit proceedings through a trial with the parties summoned and hearing their explanations.

• Joint children and needy spouses have the right to receive alimony in marriage.
• Alimony can be recovered by a voluntary agreement of the spouses, which is certified by a notary.
• If the spouse refuses to support the family, alimony can be collected from any spouse (wife, husband) by force by going to court. Failure to comply with a judicial act will entail administrative and criminal liability for the defendant.
• To recover maintenance, the needy spouse applies to the justice of the peace. The court is provided with materials confirming the right to receive Money from a spouse.

You can collect alimony in marriage whenever the husband does not bring wages, does not care about the maintenance of children and his wife if she is on maternity leave.

Accordingly, the cases allowing the recovery of alimony in marriage are as follows:

If the children live with the father, he has the right to apply for the maintenance of minors under similar conditions. At the same time, you can apply for alimony with the simultaneous dissolution of the marriage or without its dissolution, which does not affect the fact of the appointment of alimony. Obligations to pay alimony for minor children are regulated by articles 85, 89 of the RF IC.

Article 85 of the RF IC. The right to alimony for disabled adult children

1. Parents are required to support their disabled adult children in need of assistance.
2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed sum of money payable monthly, based on the financial and marital status and other noteworthy interests of the parties.

What paperwork is required to file for a claim?

With existing marital relations, it is required to prepare the following package of documentation that complies with the norms of Article 132 of the Code of Civil Procedure of the Russian Federation, on the basis of which it is permissible to request the recovery of alimony:

• civil passport of the alimony collector;
• statement to the justice of the peace or statement of claim;
• Marriage certificate;
• birth certificates for children under 14;
• or their passports and birth certificates if they are over 14 years old;
• information about the composition of the family;
• certificates of income of spouses;
• receipt of payment of state duty;
• account number.

Birth certificates for children included in the above list are submitted regardless of whether they received passports. The reason is proof of paternity. In the certificate, the citizen from whom the maintenance of children is exacted must be entered as the father.

If the marriage was concluded after the birth of the child, and the father is entered in the metrics according to the mother, an additional procedure for recognizing paternity will be required.

What is needed in this case in order to file for alimony while being married? Relevant evidence will be required in the form of:

• testimonies;
• conclusions of the genetic examination.

Establishing the fact of paternity is permissible only on the basis of a court decision.

If a lawyer or other representative acts on behalf of the claimant, it is required to draw up a notarized power of attorney to represent interests in court.

Where to get and where to apply?

The claimant must have passports and certificates: of the birth of children and marriage. If they are lost, then they need to be restored:

• passport - at the police department at the place of residence;
• certificates - in the registry office.

A certificate of family composition can be obtained at the housing office, at the passport office or a special department of administration, depending on who owns the dwelling. The certificate must confirm that the child lives with the applicant.

Photo reference about the composition of the family:

Representatives can obtain a power of attorney in a notary's office. Or compose it yourself, and only certify it with a notary. The duty is paid at the terminal or branch of Sberbank. The application is written in one's own hand in accordance with the norms of Article 131 of the Code of Civil Procedure of the Russian Federation according to the sample obtained on the website of the jurisdictional authority, or - at the stand in the courthouse.

The application is submitted to the justice of the peace, if the stated requirements include only the appointment of alimony. Or - the parties plan to file a divorce by mutual agreement, with the appointment of alimony from the father's earnings.

A statement of claim is filed with the court office in the following cases:

• When is paternity required?
• with a simultaneous divorce without the consent of the parties;
• if maintenance is requested in a fixed amount;
• if there are issues that need to be considered in court.

The applicant may apply to the court at the place of residence of the spouse, if he lives separately from the family in accordance with the norms of Article 28 of the Code of Civil Procedure of the Russian Federation. Or - at the place of their own residence, if the spouses live together, or the location of the spouse is unknown, which is allowed by the norms of Article 29 of the Code of Civil Procedure of the Russian Federation.

Deadlines and fees

If there are no obstacles to the consideration of the issue by the justice of the peace, then the issue is considered in the order of writ proceedings within 10 days. When applying to the district court with a claim, the case can drag on for up to two months, depending on the progress of the consideration. Regardless of the period of consideration, alimony will be assigned from the date of application.

The fee is paid in the amount of 300 rubles. If divorce is additionally requested, 600 rubles must be paid.

When you have to collect alimony, the relationship between the spouses reaches the extreme point of hostility. Therefore, there are such pitfalls that could be avoided if one treats the matter calmly and judiciously.

1. When meeting in a court session, you must behave with the utmost correctness. If the plaintiff arranges proceedings with her husband on the basis of the claims that have arisen, he may delay the consideration of the case. Therefore, one of the essential points, if the problem of divorce is not acute, is the recovery of alimony without a divorce through a justice of the peace. Having received maintenance for children, it will be possible to safely proceed to divorce.
2. In couples that part correctly and with understanding for each other, the following algorithm can be applied. Without linking the break in relations with the issue of the maintenance of children, go to the notary's office and draw up an agreement on the payment of alimony. On this basis, you can officially transfer part of the earnings without a trial and without a writ of execution.
3. Often, alimony in marriage is requested because of the irresponsible attitude of the spouse to family responsibilities. If he does not work anywhere, then you need to request alimony in a fixed amount, which will accumulate and not burn out, in contrast to non-payment due to irregular earnings.

Civil law protects the interests of both parties. A wife's wrongful claims may be challenged by a counterclaim.

So, if the marriage is not dissolved, alimony can also be collected in the amount established by law. To do this, the parent living with the child submits an application to the court, by decision of which the obligation to pay alimony is established. For the production of the case, you need to collect the appropriate package of documents.

Useful video

Watch a video about what is the procedure for collecting alimony without a divorce:

Official marriage is not a panacea for problems. Quite often, legal spouses turn to lawyers for help and to the courts in order to receive money for the maintenance and provision of children. This happens in cases where the second half does not take into account the interests of their own family.

People who draw up marriage contracts are considered too prudent and pragmatic. Such an opinion is erroneous, they can be called prudent, practical, it is this contract that can insure them in the event of an unsuccessful union.

If the spouse does not want to financially support the children, then you can do without a court with the help of a certified alimony agreement. When drawing up such an agreement between a husband and wife, one of the partners must be of legal age. When one of the spouses is limited in actions, is incapacitated, then the guardian will sign the contract. If the contract is drawn up correctly, then it is equal in strength to the writ of execution.

To avoid misunderstandings, mistakes, it is important to entrust this case to a professional lawyer, there is no point once again to risk. The fact is that if there are errors in the document, it will lose its legal power and force, therefore it will be invalid. Such an agreement contains information on the amount, method of accrual of alimony payments.

When do you need to file for child support in a marriage?

Family code Russian Federation makes sure that the rights of children are taken into account when his own dad does not want to give money for his maintenance, maintenance. This happens in absolutely different occasions. For example, a husband and wife are not divorced, but live separately, they do not have a common budget.

It also happens that legitimate elastics live in the same house, but money for the child is not issued. Unpleasant situations force women to turn to lawyers and go to court to reason with the husband and father of their own child.

Alimony payments can be received while married in the following cases:

• the presence of common children who have not reached the age of majority;
• there is a disabled child in the family (an incurable pathology or disability), regardless of the age category.

Issues relating to alimony for those who are married fall under the regulations of the Code of Civil Procedure and the Family Code of the Russian Federation.

Is it possible to apply for the maintenance of a spouse in marriage?

It is interesting that a woman has the right to collect alimony from her husband for her own provision and maintenance when she is not able to earn money on her own.

Acceptable circumstances:

• spouse is pregnant;
• she is incapacitated;
• a wife looking after a small child under the age of three or a disabled person.

If we take into account the legislation, then the spouse has every right to demand from her husband finances to provide for her and the children, taking into account the basic postulates of marital obligations. It is important to remember that parents are obliged to take an active part in the life of their children, to provide and support, educate and teach, feed, develop, heal. If this is not observed, the judiciary is forced to take action.

Procedure for filing for child support

The rules, the process of collecting alimony payments after the completion of a divorce are described in detail here. What about those who are still married when there is no official break in relations? In such a situation, it is important to know what and how to do in order not to make a mistake. The best option– consult with a competent, experienced lawyer who specializes in the collection of alimony.

Where to apply for alimony?

After the wife accepted final decision to receive money from a spouse for yourself and children, you must correctly draw up a claim. It is filed with the world court, which is located at the place of residence of the alimony payer. In addition, you will need an appropriate package of documentation, payment of a state fee. The procedure for filing a claim is quite strict.

Please note that if at least one document that seems insignificant at first glance is not available, no one will accept your papers. Many do not even suspect that the application is written in two versions, because one version must be provided to the defendant.

How is a child support claim made?

Be sure to write the application correctly, following the established pattern.

In the upper right corner they write:

• surname, name and patronymic of the plaintiff, indicating the address of registration and place of residence;
• similar data relating to the defendant.

In the very center of the sheet you need to register - "Statement of Claim". Next comes a line with such a phrase - "for the recovery of alimony for (who exactly)". A little lower indicate the date of state registration of marriage and the full data of the defendant. Then indicate - "We live" - ​​the place of residence, the lack of financial assistance for children, and so on.

After that, you can write the reason, given that the spouse is not able to provide for herself, indicate her own income and the spouse.

It is important to note how much is needed per month and how much is missing, providing solid evidence. If a woman says that she does not have enough for cosmetics, spa treatments, then no one will listen to her.

Below is written information that the defendant does not want to respond to requests for lack of money. In the case of attempts to sign a peace treaty, nothing happened.

Be sure to note the minimum income level in the locality where you live. It is necessary to prescribe the amount for a certain quarter of this year. Taking into account the opinion of the parties, the amount of the benefit in cash must be (indicate the exact amount).

The next thing to write is that, on the basis of what was written, guided by Art. 89, 91, 117 of the RF IC, as well as Art. 131-132 Code of Civil Procedure of the Russian Federation, ask to calculate from (last name, first name, patronymic) in your favor (exact data) monthly payments in a fixed amount (mark the amount of payments) for maintenance; maintenance payments must be indexed, taking into account the volume living wage in a certain territory.

After that comes the following phrase - "List of attached documents:" - list everything that you have. Next comes the date and signature.

What documents need to be attached to the application?

In order for a statement of claim to be accepted in court, it is not enough to draw it up in accordance with all the rules and in accordance with applicable law. Appropriate documentation must be attached to the claim.

Scroll binding documents for the recovery of alimony:

• a copy of the children's metrics, marriage certificate, as well as a statement of claim;
• income statement of the plaintiff and the defendant;
• documentation that confirms all the needs and requirements of the plaintiff;
• documents that can justify the right to alimony payments;
• receipt confirming the payment of state duty.

It is important to remember that it is quite difficult to present a certificate confirming the defendant's income. In this case, it should be noted that you do not know the place of work of the spouse or failed to obtain a certificate.

What does a sample application look like?

How is the filing fee paid when filing a claim?

The full amount of the state fee, which is paid before the filing of the statement of claim, is equal to the amount of one hundred and fifty rubles. In the event that the judicial authority makes a decision on the collection of alimony payments, you will need to pay 300 rubles. State duty is mandatory.

How long does it take to process a child support claim?

In accordance with the law of the Russian Federation, it is necessary to consider a claim for child support payments within a month. If a positive decision is made, the applicant will be able to receive this requirement in his hands. Later it is handed over to the inspectors of the courts.

How is alimony calculated if the marriage union is not terminated?

The total amount of payments for children is calculated in accordance with the parts of all the income of the spouse upon application, therefore it is: for one child - ¼ part, for two - 1/3, and for three or more you will have to pay ½ part.

The final conclusion of the court will be made on the share of the penalty after the case has been studied up and down. Take into account the material and physical base of the defendant. It is important to remember that alimony will begin to be calculated from the date when the lawsuit is filed in court, but not from the moment the heir is born. If the husband does not work, this does not give him the right to evade payments. IN similar situations the judicial authority appoints the recovery of alimony not in shares of profits, but in a strictly defined amount.

When does the court refuse to accept an application for alimony?

Representatives of the legal institution have the full and justified right to refuse to accept the application. This happens in the following cases:

• the plaintiff did not pay the full amount of the state fee, therefore there is no reference in the list of necessary and mandatory documents;
• the defendant lives outside of Russia, so the court is unable to do anything;
• there is no documentation confirming the identity of the children, as well as their rights to receive maintenance payments;
• when there is an opportunity to challenge the right to money, in case of ambiguous events within the family, documentation.

court order

Such a ruling may be made by a justice of the peace. When there is no confusion in a certain case, then everything is very clear and easy, there is no need to conduct intricate, lengthy investigations. If we consider this situation from the point of view of jurisprudence, it is customary to call it indisputable.

Trial

Within five days from the filing of the claim, the judge may decide the issue, the presence of the parties is not mandatory if the package of documents is satisfactory. The judicial institution prepares an appropriate decision, where the terms for collecting payments and the amount of alimony are noted.

The information is transferred to the respondent, who can appeal the decision within ten days. In the absence of disagreement, disputes, the adopted court order acquires legal power. Starts working state machine, therefore, payments from the defendant will have to be calculated.

Advice for a spouse who has a support application filed in a marriage

Considering the realities of life and various circumstances, many women are wrong, therefore they demand the impossible, although the maintenance of her and her children is not below the permissible level.

Some men live separately with another young lady, but are legally married. Some wives are not aware of this, and this is extremely important for calculating the total amount of benefits. In addition, the spouse has the right to file a counterclaim if he considers the decision judicial authority unfair. All evidence must be supported by documentation attached to the application.

In any case, if the spouse does not seek to fully provide for his wife and common children, it is important to take timely measures. The child must receive education, treatment, nutrition and development, which cannot be done without a material basis.

Alimony payments can be made in the following ways:

• Conclusion on mutual consent to the payment of alimony.
• Arrangement of alimony with the help of the court.
• Arrangement of alimony for adult children.

At the same time, you can apply for alimony both while being married and after a divorce. Depending on the situation, the package of documents will be slightly different.

consensual agreement

The most simple and fast way considered a mutual agreement on the payment of alimony. It is concluded at the notary in the presence of the following papers:

• Child's birth certificate.
• Passport of both parents.
• Income statement for the last 3 months. Provided by the person who will pay child support.
• Certificate of paternity. To do this, you must contact the registry office with a request to provide an extract from the register.

Judicially

The second option for issuing alimony is the most common. It does not matter whether the parents are married or divorced, lived in a civil marriage.

The main documents include:

• Birth certificate and two copies.
• Two originals of the statement of claim for the recovery of alimony.
• Claimant's passport.
• A certificate from the housing office confirming with whom the child lives and on whose behalf he is.

The main document for proceedings in court is a lawsuit. It must be correctly drafted, otherwise the case will be rejected. The statement of claim for alimony states:

• Address and name of the court.
• Full details of both parents:

  Surnames, names, patronymics;
  - home address;
  - passport data.

• Children's data.
• The essence of the requirements is stated.
• Substantiation and evidence of claims.
• Description of attached documents.

Here is a sample statement:

Additional papers:

• Divorce Certificate. Attached if alimony is filed after a divorce. The original and two copies are provided.
• An extract from the home book or a certificate from their Housing Office confirming the defendant's residence at the address indicated in the application. Provided if the plaintiff and the defendant live at the same address. Original and copy required.
• You may also need a bank account number to which child support will be transferred in the future.

Documents for the payment of alimony to the mother

Chapter 14 of the "Family Code" of the Russian Federation states that before the child reaches the age of 3 or in case of pregnancy and disability, the wife can apply for alimony intended for her direct maintenance.

To do this, the following documents are submitted to the court:

Alimony for an adult child

According to the law, a child, upon reaching the age of majority, has the right to collect alimony from his parents in case of his incapacity for work.

Often the reasons for this are:

• disability;
• full-time university education.

To recover funds for maintenance, the following is submitted:

If the persons are married

You can also apply for alimony while being married, about how to do this -. For example, if the father does not give money for the maintenance of the child, but spends it on himself.

In this case, in the main package of documents, a marriage certificate is submitted, and not a divorce. In addition, it is necessary to provide evidence that the defendant does not support a family, draw up a list of witnesses.

If the marriage certificate is lost, then it can always be restored by following