Pension
19.04.2022

How to apply for child support. What documents are needed to apply for alimony: list of required papers. What to write in the application

Alimony is monetary compensation intended for the maintenance of minor children, elderly parents or one of the spouses, which is voluntarily or in judicial procedure is obliged to pay a person who does not take part in the upbringing or maintenance of a disabled person.

Who should pay child support?

Let us note that alimony relations are regulated primarily by Section V of the Family Code of the Russian Federation.

  • Most often, alimony is paid for the maintenance of minor children, regardless of who they stay with. Today it is no longer uncommon for fathers to raise their children on their own, and according to the law, mothers pay certain compensation (alimony) for their maintenance.
  • Elderly parents are also entitled to alimony if they are declared incompetent by the court or their pension does not correspond to the minimum subsistence level.
  • One of the spouses who is declared incapacitated by the court (raising a common child under 3 years of age or is disabled in groups 1-2) can count on alimony.

Let's take a closer look at how to apply for alimony, who is entitled to it and what its amount may be. Using the links in the article you can read in more detail about this or that aspect of the relationship.

Child support in 2020

Child support is the direct responsibility of the parent who does not live with him, and is paid to the parent involved in his upbringing, maintenance, treatment, etc. Until how many years is child support paid? As a rule, until adulthood, but there are exceptions.

The Family Code provides for the collection of child support even after adulthood. If a child is disabled or became disabled after reaching adulthood (became incapacitated), the parents are obliged to support him and pay the amount of alimony determined by the court on the basis of a birth certificate issued by the civil registry office.

Child support is paid regardless of the parents’ financial income, and late payment or complete disregard is a criminal offense. Even if the father or mother is deprived of parental rights, they are required to pay child support.

Monetary compensation, that is, child support, goes to the mother or father who is dependent on the child.

Obligation of children to support parents

  • Passport;
  • Marriage or divorce certificate;
  • Children's birth certificate;
  • Certificate from the housing department about family composition (extract from the house register);
  • Complete list of documents that may be required

If the marriage is not registered and the parent denies paternity, then before filing for child support, paternity must be proven and a genetic examination carried out, this will require an application to the district court.

Payment of alimony for one of the spouses

If the payment of alimony is carried out on the basis of a voluntary agreement on payment, then the amount should not be lower than that assigned by the court. Depending on the financial situation and other circumstances, the amount of alimony can be reduced or increased, but only by decision of the courts.

The amount of alimony worries many, because the social comfort of a person in need of material compensation directly depends on it. The amount of alimony may vary depending on the marital or financial situation of one of the spouses. If you think that the amount of alimony is not true, then you need to go to court.

The court considers the claim, and the amount of alimony can be changed for both the plaintiff and the defendant. Alimony for two children is assigned in the amount of 33%, and if one of the children has not reached 3 years of age, the court also assigns payments for the maintenance of the parent caring for the child. If there are children from different marriages, then the amount of alimony should be at least 1/6 for one child.

The amount of alimony may change if one of the spouses changes their marital status and a new family member takes responsibility for maintaining the children.

According to family law, each parent is obliged to take care of his child until he reaches the age of majority. Moreover, this must be done regardless of how the parents live: together or separately from each other.

If the child's father or mother, who lives separately, evades fulfilling his duties, the parents need to peacefully agree on the payment of child support. Alimony is the optimal solution to the situation, since the parties can independently resolve a number of important issues - the amount of payments, their frequency and the order of transfer.

But, often, the parties fail to reach a peaceful solution. Then there is only one thing left to do, file an application with the court. Not only a parent, but also a representative of the juvenile protection service can file a claim for child support in 2018.

As a rule, an application to the court for alimony is filed after the divorce of the spouses, if the parent living separately refused to fulfill his obligation to provide for the minor. In this case, proving the need for alimony is quite simple; the application must indicate the following circumstances:

  1. The parents do not live together, that is, there is no joint household.
  2. Only one parent takes care of the child.

But sometimes an application for child support to the court may be required in cases where the parents are in prison. In this case, you can file a claim for payments only if there are witnesses who can confirm in court that one of the spouses is evading his responsibility to support a minor child.

How to apply for alimony if the marriage was not registered

A claim for alimony can be filed in court even in cases where the parents were not in a registered marriage. But in such a situation, the mother will need to additionally establish the fact of paternity.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

You will need

  • To collect child support:
  • - original and copy of birth certificate
  • - original and copy of marriage certificate - if available
  • - original and copy of divorce certificate - if available
  • - original and copy of passport
  • - copy of the defendant’s passport - if available
  • - certificate of income of the defendant
  • - statement of claim in two copies
  • - extract from the house register
  • To collect alimony for the maintenance of a disabled citizen in need:
  • - extract from the house register
  • - original and copy of passport
  • - original and copy of the passport of the person for whose maintenance you are applying for alimony
  • - income certificate
  • - certificate of disability
  • - claim in two copies
  • - receipt of payment of state duty

Instructions

Prepare documents confirming that the person for whose maintenance alimony is being sought (a minor child or a disabled adult) lives with you.
Such a document most often becomes an extract from the house register. You can get it from the housing office or homeowners association at your place of residence. Residents of rural areas are issued such a certificate at the Village Council.

If you rent housing, prepare for the court the rental agreement for residential premises that you entered into with the owner. Please note: the contract must indicate that the minor or disabled person, for whose maintenance alimony is being sought, lives with you.

Request a salary certificate or a certificate in form 2NDFL from the place of work of the citizen from whom you plan to collect alimony. This can be done by contacting the accounting department of the company where the defendant works. The certificate can be collected in person or received by mail.

Prepare disability documentation. This must be done if alimony is collected for the maintenance of a disabled adult citizen. Such a certificate can be obtained from the medical and social examination authorities.
To do this, contact the Medical Examiner's Office with an application, medical record and identification documents of the disabled person.

Prepare a certificate of your income. This document is needed if you plan to collect alimony from your grandparents, brother/sister/children/adoptive parent. In this case, you need to provide the court with documents that confirm that you are in need.

Such a document can be a salary certificate or a certificate in Form 2 of personal income tax from the accounting department or bank account statements.

File a lawsuit. It must indicate
Full name of the person for whose maintenance alimony is being collected;
date of birth of the person for whose maintenance you are filing a claim
the circumstances in connection with which you are applying to court.

If the claim is made for the payment of child support, then you must indicate
details of the marriage certificate, the date of its issue and the name of the authority that issued the document (if any)
details of the child’s birth certificate, the date of its issue and the name of the authority that issued the document
details of the divorce certificate (if available)

Also in the lawsuit you need to indicate the amount of alimony that you are demanding from the defendant.

Parents are obliged to maintain their minor children. If they cannot peacefully resolve the issue of maintaining their common child, the mother or father with whom the minor lives is required to enforce the collection of alimony.

Parents often wonder how they can apply for alimony. Depending on the circumstances, you can solve this problem:

Even if the marriage is between parents, their common child has the right to financial support both from the mother's and father's side.

How to apply for alimony through court?

In the modern judicial system, there are two options for procedures within which you can sue for alimony: simplified, providing regular, implying . Claims for alimony are being considered magistrate's court.

However, if, along with the issue of paying funds for the child, parents need to resolve a dispute about paternity, the place of residence of a minor, or disagreements regarding the division of jointly acquired common property, then the claim should be filed to the district court. In this case, a lawsuit is carried out in the case, and the issuance of a court order is impossible.

The procedure for filing a claim for the collection of alimony is regulated by the norms of the Code of Civil Procedure Russian Federation. When considering cases of maintenance of minor family members, the judicial system is guided by the following principles:

As a rule, the problem of how to apply for alimony arises immediately after a divorce, making it much easier to justify the need for these payments. After all, the parents are no longer in an official relationship, do not lead a joint household, and, accordingly, the child remains to live with one parent. At the same time, paying alimony is one of the ways financial support for a common child his father or mother.

However, you can also apply for compulsory enforcement of the child’s rights to material maintenance when the parents... True, before that sufficient evidence must be prepared, for example, find witnesses who can confirm that the father or mother of the child really shy away from participating in the maintenance of the family.

Order proceedings

Documentation

Before filing for alimony in the magistrate's court, it is necessary to prepare a package of documents, which will allow the case to be considered in court. Regardless of the order in which the case will be considered, it is necessary to prepare copies:

  • the plaintiff’s passport with pages with registration and marriage registration;
  • birth certificates of common children;
  • marriage registration certificate, or a document confirming its divorce.

In addition, you will need the following originals:

  • certificate of family composition from the defendant’s place of residence (if information is available);
  • certificate of family composition from the plaintiff’s place of residence;
  • documents confirming the defendant’s income (if available);
  • calculation of the amount of alimony, justification of the costs of maintaining a child - when filing a claim, for example, if the plaintiff wants to assign alimony payment in a certain fixed amount.

These documents are attached to statement of claim(or an application for a court order), the result will be the court's decision or a court order.

Procedure when going to court

Example. The divorce of Irina and Sergei S. occurred 3 years ago. Throughout this entire time, the woman turned to Sergei with a request for financial assistance to support their minor son. The man constantly promised to transfer money as soon as he had financial capabilities, but did not take any concrete actions. Irina can file a lawsuit to collect alimony for the past period (within 3 years), since she has retained numerous evidence that she took measures to obtain funds for the child, but was refused: SMS messages, correspondence via e-mail.

Submission if marriage is not registered

The question of how to file for child support in court becomes especially relevant in the case of marriage with a parent. But in this case, it will first be necessary to prove the fact of paternity.

If paternity was recognized in the registry office (and there is a corresponding entry in the birth certificate), then it is enough to present this document, and there is no need to separately establish paternity through the court. But if there is no such record, or if the father is indicated in the certificate according to mother, then before you apply for alimony, you must obtain a court decision establishing this fact in a separate manner.

Paternity cases are being considered district court. You can combine two demands in one application (to establish paternity and collect alimony), but lawyers advise filing two separate claims so as not to delay the process.

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Alimony is a regular payment from a parent in favor of a minor child to cover the current needs for the maintenance, treatment and education of the child. Is it worth applying for alimony after a divorce, and in what cases is it necessary to do this, and in what cases is it better to abstain?

According to the provisions of the RF IC, all money transferred in favor of children must be spent exclusively on the needs of maintaining and raising children. Parents are not allowed to waste alimony funds on their own needs.

Typically, the issue of collecting alimony arises in cases where the parent living with the child (most often the mother) is not confident in the other parent or the latter refuses to voluntarily pay maintenance for the child. Further situations will be considered using a traditional example, in which the recipient of alimony is the mother and the payer is the father.

How is alimony collected?

In addition to forced collection, parents have the opportunity to agree on payment voluntarily. In this case, you can either simply trust each other and accept alimony informally, or formalize the agreement with a formal agreement.

There are three main ways to receive alimony:

  1. . If the child’s father is ready to pay himself and without coercion, why not agree to receive help without court or other red tape? It's never too late to file a lawsuit.
  2. By agreement. The agreement reached between the child’s parents is fixed on paper
  3. Through the court as part of the rendering or decision of the court.

Each of these methods has its own characteristics, pros and cons, but in this case we will consider a slightly different question - is it worth applying for alimony?

To put it bluntly, if an agreement on mutual assistance has been reached with the child’s non-resident parent, there is no need to file child support. This will not end well, especially since voluntary assistance often turns out to be much more than the official amounts withheld by the bailiff.

Is it necessary to apply for alimony during a divorce?

For some reason, every woman who has filed for divorce is sure that she immediately needs to file for alimony during the divorce or after. At the same time, rarely does anyone try to reach an agreement with the child’s father on financial support - everyone immediately tries to collect alimony through the court.

Remember - collection of alimony is required only when methods for peacefully resolving the dispute have been exhausted, and the father refuses to help the child financially on a voluntary basis.

If the parent regularly allocates money and can prove it, even denial of the claim is possible.

Before applying for alimony after a divorce, it is important to know:

  • You can apply for alimony at any time after the divorce, as well as during a divorce, by combining;
  • The main reason for a claim to recover funds for children is the parent’s refusal to help voluntarily;
  • Any agreement and voluntary fulfillment of obligations by the father is better and more reliable than a court decision. A man in court can, but in fact, not pay them at all.

Is there a deadline for filing for alimony?

No, there is no such deadline. A parent with whom a minor child permanently resides has the right to file a claim to recover funds for the child at any time. At least in the same year after the divorce, at least a year before the common child comes of age.

Often when deciding whether to file for child support, women are faced with extensive misconceptions and myths about child support.

  1. The right to alimony can be lost. Complete nonsense! The only basis for loss of the right to alimony is the second parent challenging his paternity. In all other cases, you cannot lose the right to demand decent child support!
  2. You can apply within three years and that’s it. No, you can apply at any time until the child reaches the age of 18.
  3. If alimony is collected, you must submit an application to the bailiffs, otherwise the writ of execution will be “burnt.” Alimony can be received even if it exists and has been issued.

If you file for child support, is it possible to receive more than the father pays himself?

Or it could be several times less. Or you may receive nothing at all. Each situation is individual and requires careful study with a lawyer. You can ask our lawyers questions about alimony for free, but you can also try to analyze the situation yourself.

Alimony is collected in two main ways:

  1. In the form assigned for payment monthly. It can be tied to the subsistence level or determined individually. Most often, this is half the subsistence minimum or even less, it all depends on the payer’s actual income.
  2. In the form of interest on all types of earnings. All documented income of the father may be subject to alimony payments in the amount necessary to support the child.

The first method is used in cases where the father does not have an official income, he is an individual entrepreneur, has irregular earnings, or receives wages in goods or seasonally. The second case in the form of shares of earnings is applicable for those who have a permanent income.

Which collection method to choose depends on the situation, but if the father pays alimony not just for show - 500-800 rubles, but amounts sufficient for proper assistance, then it is unlikely that it will be possible to collect more through the court.

Example: Sergey O. voluntarily allocated 7,000 rubles to his ex-wife every month for child support. Ex-wife decided to go to court with a demand to collect alimony in the amount of ¼ of all income for the child, since the father’s salary was about 50,000 rubles. In court, it turned out that the parent’s “white” income barely exceeds the minimum wage and amounts to 13,500 rubles. The plaintiff was unable to provide evidence of receiving the salary “in an envelope,” so the court did not see any grounds for collecting alimony in a fixed amount.

Result: The court ordered alimony in the amount of ¼ of all types of earnings, which for a salary of 13,500 rubles amounted to 3,375 rubles. The child's father refused voluntary help. agreeing only to help in a targeted and targeted way - by buying things, medicines and other things necessary for my son.

If you pay voluntarily, you should not apply for alimony

If the child’s father helps him to the best of his ability, there is no need to apply for alimony in this case. The undeniable advantages of voluntary payment of child support are:
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