Filing an application for the recovery of alimony is a rather serious and troublesome business, and therefore it is worth preparing well in advance for it. An incorrect word or date in the statement of claim or in the document attached to it, and the consideration of the case may be delayed or the court will refuse to accept such a statement for its consideration at all.
What documents are needed to apply for alimony will depend on many circumstances:
Each situation and each statement must be approached individually and every word and action should be documented. But there is a list of documents for filing for alimony, which remains unchanged under different circumstances. In each case, it is replenished with other securities.
Required Documents:
1. Application (request to issue a court order or statement of claim for the recovery of alimony). It is drawn up and submitted in two copies - one of them is registered in the office of the court, the second is marked with the acceptance of the application, and is kept by the applicant.
2. Passport of the applicant and its photocopy. Ideally, you need to copy all the marks in the document, but be sure to copy the pages with a photo and personal data, with registration marks, registration / divorce, with information about children.
3. Certificate of official marriage and its photocopy, in cases where the marriage between the spouses has not yet been dissolved.
4. Certificate of divorce and its photocopy, if the spouses are divorced.
5. Birth certificates of children (or a child) and their photocopies.
6. Certificate of persons who live with the applicant (certificate of family composition, extract from the house book, etc.). It must be detailed - indicating the address, size of the dwelling, full name and date of birth of all persons living at this address, indicating the degree of relationship with the applicant. As an option - a residential lease agreement, if the applicant does not have official registration at the place of residence, and rents housing.
7. Receipt confirming the payment of the state duty for filing an application for alimony.
These are required documents. Their list can be supplemented with those that are desirable, but the applicant is not always able to provide them.
List of additional documents for filing for alimony:
Information from the police on the search for a person will need to be added to this list if alimony is collected from a relative whose whereabouts have not been established.
If the applicant wishes to collect alimony from the debtor also for the past period, then it is necessary to submit to the court a calculation of the debt for all this time, based on the constant amount of the debtor's earnings or the average salary in Russia.
Their full list is listed above. Sometimes, in the case of recovery of alimony for children who have not reached the age of majority, in order to confirm the determination of the place of residence of the child with the applicant parent, a court decision on this must be attached.
If alimony is collected from a common-law spouse, then the court will be required to bring a certificate or a court decision establishing the fact of paternity.
When alimony is collected for children who are left without parental care, documents will be needed confirming the death of the parents, an order to establish guardianship.
The Family Code also allows you to receive alimony for your maintenance for those children who have already reached the age of 18 (read more about this from the article -), in two cases:
In the first case, the original and a copy of a certificate from a medical institution indicating the type of disease and the date the disability group was assigned or a court decision on deprivation of legal capacity should be attached to the general list of documents for filing alimony. In the second case - a certificate from an educational institution indicating the form of study, specialty and information about receiving a scholarship.
Some facts
In accordance with Article 107 of the Family Code of the Russian Federation, the statute of limitations does not apply to these relationships. This means that if the right to payments arose at the age of 3 of the baby, and the parent applied to the court when he was already eight years old, then payments will be assigned from the moment of application until the child reaches 18 years of age.
The parent who is in maternity leave, takes care of a child up to three years old (almost always a mother), has the right to collect alimony from the second parent. Provided that he has not yet started work, does not have an independent income and needs additional financial support. How and in what amount are paid alimony for the maintenance of a wife up to 3 years of a child, we tell.
To the above list of documents, the mother needs to attach a certificate from her place of work indicating that she is on leave to care for a small child and does not receive wages. Or provide information from the social security service that the mother does not have a permanent job, and also reflect whether she receives child allowance and in what amount.
A pregnant woman will also be able to collect alimony from her husband or ex-husband for her maintenance if she is no longer able to work and has no source of income. To do this, you need to submit a certificate from a medical organization about the gestational age indicating the date of registration in the antenatal clinic.
Cases when alimony has to be paid for the maintenance of an adult citizen are not common, but they do not always take place. Most often, they cannot provide for themselves and need material support from relatives (or other persons) of old age or those who are unable to earn money due to their state of health.
These can be parents who collect alimony from their already adult children, grandparents who rely on material assistance from their grandchildren, adult children with disabilities, educators or foster parents who wish to receive maintenance payments from their pupils and adopted children.
As documents confirming an unsatisfactory state of health, they need to submit a certificate from a medical institution, which indicates the disease and disability group. For confirmation low level income - a certificate from the social security, pension fund or employment service with a note on the amount of the monthly allowance, pension.
It will only be possible to collect alimony if the applicant's income is significantly lower than the income of the person from whom they collect alimony.
If the parents (or other persons) decide on a voluntary basis to conclude an agreement on the payment of alimony, then they should apply for its preparation and certification at a notary office. You need to bring with you:
The notary may, at his own discretion, request other information.
Example. By a court decision dated 1.02.2008 Ivanov A.A. was awarded the payment of alimony in a fixed amount - 5,000 rubles per month. Ex-wife lives in Moscow with the employee's child. The living wage in Moscow for children at the time of the court decision was 4,997 rubles. The amount of alimony is a multiple of 1,006 (5,000 rubles: 4,997 rubles).
The living wage for children in Moscow is:
7,866 rubles (Decree of the Government of Moscow dated December 6, 2011 No. 573-PP).
7,825 rubles (Decree of the Government of Moscow dated March 20, 2012 No. 94 PP).
7,972 rubles (Decree of the Government of Moscow dated June 5, 2012 No. 258-PP).
The amount of alimony in a fixed amount will be:
For December, January, February 2012 - 7870.72 (7 866 * 1.0006).
For March, April, May - 7829.70 (7825 * 1.0006).
For June, July, August - 7976.78 (7972 * 1.0006).
Often, spouses are also alimony at the same time (you can find the form at the end of the material). And they can also indicate in it the order of the desired division of property or ask to determine with which parent the child will live after the divorce. Then the form of this application and the list of documents will expand. At a minimum, you will need more than one receipt for the payment of state duty.
Some facts
Child support is paid regardless of the material wealth of the parents, and their late payment or complete disregard is a criminal offense. Even if the father or mother
When accepting an application at the court office, you will also be required to have originals and copies of your passport, certificates of registration of marriage, divorce, birth of children or paternity, court decisions, and other official documents that provide certain rights or exempt from obligations.
The original must be: applications and claims, as well as all kinds of certificates and other documents that are issued specifically for presentation to the court as an attachment to each specific application (certificates of residence, place of work and salary, etc.).
Only in a copied form, the court will be able to accept the passport of the person to whom the penalty is directed, his employment contract, etc.. Due to the fact that it is not always possible to present the originals of these documents.
Pay attention to the dates indicated in the documents, some of them are issued for a certain period of time and after some time may become invalid.
In the application for alimony, it is imperative to indicate a list of all the documents that you attach to it, indicating their number and how many sheets they are located on. This is a way to insure against the loss of a particular document.
If you still have questions about what documents are needed to apply for alimony, then ask them in the comments.
Recovery of alimony is a common practice in Russia. This type of payment is guaranteed to minor children by their parents. Minors are not the only category of citizens who are entitled to alimony. Let's figure out who and in what cases, under what conditions and on what grounds can demand them in 2020. Consider the subtleties of this issue.
Alimony is a kind of regular payments that are repaid by a court decision or by agreement of the parties. Payments are due to disabled persons with whom the payer is in family ties. Recipients can be children, spouses, parents, other relatives.
The basis for maintenance obligations is the obligation of spouses to help each other financially, support children and parents, enshrined at the legislative level. These guarantees for disabled citizens are given by the Family Code.
The Family Code regulates the nuances, rules, and features of the payment of alimony. These points are provided for in Art. 13-17. Chapter No 5 of the UK is devoted to the issue of maintenance obligations of family members. But if the conditions are not met by the parties, then the alimony relations come under the jurisdiction of administrative and criminal law.
For violation of the terms of payment, penalties (administrative norms) are imposed, the payer may face criminal liability (correctional labor, imprisonment).
Art. 80 of the UK provides that the material support / maintenance of a person under the age of 18 is the direct responsibility of his parents. If one of the parties does not fulfill the obligation imposed on him by law, then you can demand material assistance from him through the court. The second party, which directly cares for the children, educates them and supports them, has the right to demand financial support.
Important! You can also file a lawsuit for alimony even after its dissolution. The presence of / is not an obstacle to making payments.
An application is possible if:
You can claim payments for all common children, including adopted ones, without exception. If, for example, the husband managed to adopt the offspring of his wife from his first marriage, then this child will have the same rights as his own heirs.
Moreover, children born out of wedlock, provided that paternity is confirmed/proven, receive the same rights as the natural offspring of the payer. They can claim child support on the same grounds, in the same amounts.
Example: The defendant has two children born in an official marriage and another child who appeared on the side (out of wedlock). As a result, the citizen does not provide for any of his offspring. Provided that both of his spouses (official and civil) file for alimony, he will have to give 50% of his income. The amount will be divided in equal proportions between the three minor offspring.
The Family Code determines that not only parents have obligations to children, but also offspring to disabled parents and spouses to each other. Art. 89 of the UK also determines that payments can be made both in marriage and after the breakup of the family. So, the following are entitled to alimony:
Let's consider different situations:
When it comes to financial support of the former spouse (spouse), then there are some restrictions:
When it comes to material support for the mother by children, then there should be such grounds:
Important! Parents have the right to claim child support from adult children. Even with all three grounds, it will not be possible to receive help from offspring whose age is below 18 years.
A man has the same grounds for as well as able-bodied children.
Attention! Alimony can also be collected from able-bodied adult grandchildren.
Bottom line, a person under the age of 18 can only sue for alimony through an adult representative. However, the claim will include the name of the child (payee).
Consider some of the nuances that will clarify the issue of alimony:
Most often, alimony claims are filed after a divorce, when an already complicated divorce proceedings, the issue of the place of residence of the child is being resolved, and there is a need for additional funds for his maintenance.
Sometimes mothers are stopped by the fear of "paper" troubles, state authorities, court proceedings, and are forced to refuse alimony.
Yes, it is not easy to collect documents, file a lawsuit, defend your rights in court and enforce a court decision. But this article will help you understand the procedure for collecting alimony. Below is a complete list of documents and a detailed step-by-step plan for the process of collecting alimony after a divorce.
Parents are required to support a joint child, and if one of them does not, the second can file for alimony.
And this can be done at any time:
For example, parents are married but do not live together, and the child does not receive proper maintenance. Or the father, who lives with the family, neglects parental responsibilities.
Marriage between parents is not an exemption from child maintenance, and is not an obstacle to the enforcement of such maintenance;
For example, a mother files a divorce claim and includes a claim for alimony. Or the mother files in response to the father's claim for divorce.
It does not matter how long ago the marriage was dissolved.
The law does not establish statute of limitations and time limits for the recovery of alimony (according to Article 107 of the RF IC).
You can file for child support at any time after a divorce. The only restriction is the child reaching the age of majority.
Alimony will be collected from the moment of applying for them, and not from the moment of divorce (according to paragraph 2 of article 107 of the RF IC). Therefore, lawyers advise starting the recovery of maintenance payments without delay, as soon as possible - in the interests of the child. Even if the father does not want to comply with the court decision, he will no longer be able to avoid responsibility to the child - the debt for unpaid alimony will grow, a penalty will be charged on him (according to paragraph 2 of article 115 of the RF IC), and other administrative sanctions will be applied .
Sometimes the court decides on the recovery of alimony not from the moment the mother applied, but earlier - for the previous 3 years. The court will make such an exception if it establishes that the mother had previously tried to obtain maintenance payments for the child, but the father evaded parental obligations and did not pay.
Husband and wife can agree on alimony.
If the spouses want to voluntarily arrange maintenance obligations, it is not necessary to go to court. They can draw up a written document - alimony agreement, which will set out their mutual rights and obligations regarding the payment of alimony - the procedure, terms, amount and method of payment, as well as responsibility for failure to comply with the agreements reached.
In order for the alimony agreement to acquire the legal force of an executive document, it must be certified by a notary.
Parents can draw up a document on their own (using a ready-made sample, as well as having studied the advice and recommendations of a lawyer in our article, or they can immediately seek legal help in order to provide for all the essential provisions and not miss anything important. If you have questions or need advice, our lawyer will advise you for free.
You will have to file for alimony in court if the parents cannot agree on the voluntary payment of alimony and conclude an alimony agreement.
The litigation involves the preparation and submission to the court of a statement of claim (or an application for the issuance of a court order), which is accompanied by documents confirming the right to collect alimony. As well as further visits to the court, participation in court hearings (if provided for by the procedure), after which - obtaining an executive document (decision or order of the court) for the recovery of alimony by force.
Enforcement proceedings are the final stage of the alimony recovery procedure. If the father is ready to make payments voluntarily and independently, there is no need to contact the bailiffs. From how to pay child support correctly - in the article
If the payer does not fulfill his obligations, and it is not necessary to rely on voluntary payments, the mother can initiate the forced collection of alimony. To do this, she needs to contact the bailiff service - to file an application for initiating enforcement proceedings, attaching a writ of execution (alimony agreement, court order or court decision on the recovery of alimony) to it.
Before applying to the court for alimony, it is necessary to decide in which proceedings they will be collected. There are two options:
What are their differences?
Writ proceedings are a simplified judicial procedure. It involves the filing and consideration by the court of an application for the issuance of a court order (and not a claim, as in lawsuit proceedings).
The application is being considered in 5 days- without calling the parties to the court session, without disputes and proceedings. Having considered the application with the attached documents, the court issues a court order - an executive document, ready to be submitted to the Bailiffs Service to collect payments.
Writ process is a quick and simple procedure, but it has limitations:
If the collection of alimony is impossible or undesirable in writ proceedings, a statement of claim can be filed instead of an application for a court order.
Litigation is more complicated, it requires the mandatory participation of both parties in the proceedings, and it lasts much longer - 30 days(instead of 5 - in writ proceedings).
But through court hearings, you can resolve any dispute, assign maintenance payments in any form: in the form of a fixed amount, a share of earnings, or in a mixed form. Also, in lawsuit proceedings, parents can conclude, which will be approved by a court decision.
As a result of consideration of the case, the court decides on the recovery of alimony. On the basis of a court decision, a writ of execution is issued - a document for the forced collection of alimony. It can be transferred to bailiffs, or you can entrust this task to the court by writing an appropriate statement.
It doesn't matter which parent initiated the divorce. One of them, with whom the joint children remained to live after the divorce, can apply for alimony.
As practice shows, after a divorce, children often stay with their mother. She is directly responsible for the upbringing and maintenance of children, and she has the right to file for alimony. But sometimes (there are very few such cases, but they do exist) children stay to live with their father. Then it will be he who will collect alimony for the maintenance of children after the divorce.
Some fathers not only do not object to the performance of parental responsibilities, but they themselves are looking for ways and opportunities to pay alimony. The question arises: what to do if the father wants to pay, and the mother is in no hurry to go to court? ? Unfortunately, the law does not provide for such a possibility. However, fathers can take the initiative to take care of the child voluntarily (for example, by transferring money to a special account in the name of the child), even if the mother is against it. The unwillingness of the mother to sue for alimony and the refusal to receive material assistance from the father for the child is not a reason for releasing the father from parental duties, but a violation of the rights of the child.
In fairness, it must be said that after a divorce, alimony is collected not only for the child. In some cases (Article 90 of the RF IC) the right to sue for alimony for your own content divorced spouses are endowed with:
The upcoming lawsuit can seem like a daunting task, especially for a legally unsavvy citizen. But it is enough to understand the basics of family law and the judicial process, draw up a step-by-step plan of action, and the recovery of alimony will no longer seem such an unbearably complicated procedure.
The procedure for a parent who, after a divorce, decided to file for alimony, should be as follows:
You can go through the process of collecting alimony from beginning to end on your own. But if your legal competence is not high, do not neglect the help of a lawyer. This will help to avoid mistakes, waste of time, unnecessary expenses, violations of judicial procedure.
You can submit documents to the court in person, through a proxy, by mail. All documents must be submitted in triplicate: one is the case file, the second is sent to the defendant, the third receives a registration mark and is returned to the plaintiff. The registration mark with the case number allows you to track the progress of the case, find out the date and time of the meeting, the name of the judge, get a copy of the court decision and an executive document.
If the case is not considered in an order (Article 126 of the Code of Civil Procedure of the Russian Federation), but in a lawsuit, a visit by the parties to the court at the appointed time (Article 155 of the Code of Civil Procedure of the Russian Federation) is mandatory. If the parties are unable to attend court hearings, they may ask the court to hear the case without them.
There are two courts that have jurisdiction over the claim:
As for the choice of court depending on the place of residence, then alternative jurisdiction extends to cases of recovery of alimony (paragraph 3 of article 29 of the Code of Civil Procedure of the Russian Federation). This means that the plaintiff parent, with whom minor children live, has the right to apply to the court both at their own place of residence and at the place of residence of the respondent parent - at their choice.
Preparation of a legally competent, meaningful statement of claim is perhaps the main stage of the upcoming trial. Errors, inaccuracies, colloquial style of presentation, violation of the form - all this can cause the court to return the claim to correct the shortcomings.
The claim must meet the requirements of Art. 131 Code of Civil Procedure of the Russian Federation, and must contain the following information:
Since the beginning of 2015, the Tax Code (Article 333.19) has established a new amount of the state fee for filing a claim with the court for the recovery of alimony - 150 rubles. This amount is doubled if the claim contains a claim for the recovery of alimony not only for children, but also for yourself - 300 rubles.
If a claim for the recovery of alimony for the past period (up to 3 years) is filed, the amount of the state fee is determined based on the value of the claim.
The Tax Code contains another provision that is pleasant for the plaintiff: he is exempt from paying the state fee for filing a claim for the recovery of alimony. That is, you do not need to pay the state duty when applying for alimony! The state fee in the amount indicated above will be collected from the defendant.
The amount of alimony to be paid after a divorce is determined by:
If the parents enter into a maintenance agreement, they themselves determine the amount of monthly maintenance payments (according to paragraph 1 of article 80 of the RF IC). But this does not mean that you can assign any, even the lowest amount of monthly payments. Violation of the rights of the child is unacceptable. The amount of alimony assigned under the parental agreement should not be lower than provided for by law (according to paragraph 2 of article 103 of the RF IC).
If the parental agreement was not concluded, the amount of alimony is assigned by the court (according to paragraph 1 of article 80 of the RF IC):
If, some time after the divorce, the life circumstances of the parents change significantly, the amount of alimony assigned initially may turn out to be too high or too low for them. In this case, you can apply to the court with a claim ...
When filing such a claim, it is necessary to submit to the court evidence of the circumstances to which the parent refers, for example, certificates of an increase or decrease in income, certificates of illness, a conclusion of the medical and social commission on disability, documents confirming the appearance of other dependents (birth certificates of children , certificate of pregnancy, court decision on the recovery of alimony for elderly needy parents).
Court cases on the recovery of alimony for the maintenance of children can be attributed to the simplest, even routine cases that the court considers every day.
In most cases, the court makes decisions in favor of mothers who raise and support children themselves after a divorce. True, for this, the mother has to go through the entire judicial procedure on her own, from the preparation of a lawsuit to the issuance of a final decision, after which she is still waiting for the procedure for the enforcement of monetary payments.
But sometimes the course of the trial is not so predictable. In the process of litigation, disputes and disagreements may arise over the amount and procedure for payments, the unconfirmed income of the father, the need of the mother, the additional needs of the children, and even the place of residence of the children.
Example
After the divorce, the Zubkovs' parents "divided" the children: the younger two-year-old twin daughters stayed with the mother, and the eldest sixteen-year-old son lived with the father. The mother filed a lawsuit to recover child support from the father for the maintenance of her daughters, as well as for her own maintenance, since she was on parental leave. The father filed an objection, stating that since he also had a joint child, he should not pay child support for other children. The court examined the income and expenses of the spouses, as well as the needs of the children, and satisfied the claim, appointing alimony for the maintenance of the children and the maintenance of the mother - in a fixed amount.
Before signing a maintenance agreement or, even more so, filing a lawsuit, consult with an experienced lawyer. It will help you ensure that your children's rights to decent content are protected under the law, as well as to avoid numerous mistakes in the process that can lead to violations and abuse. If you have any questions, ask them in the round-the-clock chat or by calling the hotline - our lawyer will advise you free of charge.
One of the fundamental duties of citizens is the maintenance of their children in the manner determined independently and/or by the legislation of the Russian Federation (Article 80 of the Family Code of the Russian Federation (FC RF). Adult children are obliged provide financial assistance to parents who are disabled and in need of assistance (Article 87 of the RF IC). The legislator does not provide for exceptions to these rules.
Parents not exempt from child support not depending on the fact of being married, nor for health reasons.
The legislator does not link the obligation of parents to support minors with the fact of marriage by parents. The procedure for payment, conditions and amounts of maintenance are determined by parents independently either orally or in writing by conclusion maintenance agreements. If the parents cannot reach an agreement on the procedure for the maintenance of minor children, one of them has the right to apply to the district court with a statement of claim for the recovery of alimony at the place of residence of the plaintiff with the necessary evidence attached.
Statement of claim should contain:
The legislator does not recognize the so-called "civil marriages", only marriages registered with the registry office have legal force. But this provision does not affect the rights of children born in civil marriages. Rights and obligations of parents of minors born in an unregistered marriage, do not differ from the rights and obligations in relation to children born in a legal marriage. Thus, the parents of children born in an unregistered marriage are required to support them.
The procedure for collecting alimony is not different from the conditions for the collection of alimony for a child born in marriage, with one exception. A mother filing a child support claim must prove the defendant's paternity.
In accordance with Art. 48 of the RF IC, the father of a child born to persons who are married at the time of his birth, as well as born within 300 days from the date of its termination, invalidation, etc., is the spouse (former) of the mother. Paternity is certified by a marriage record.
If the child was born in a civil marriage, then it is possible two ways:
After the birth of a child, the father and mother submit to the registry office a joint statement about recognizing a man as a father. If parents cannot apply in person, they can submit applications on their own, while the signature of the person who cannot appear at the registry office must be certified by a notary.
The legislator provides for the possibility of filing by the father preliminary statement during the mother's pregnancy, if there are circumstances that prevent a joint application.
The legislation of the Russian Federation regulates the circumstances when filing a joint application is not possible. In these cases father can apply alone:
Based on the results of consideration of the application of parents or a sole application, the registry office issues certificate of paternity. For the state registration of the establishment of paternity, the state duty in the amount of 350 rubles(clause 3 clause 1 article 333.26 of the Tax Code of the Russian Federation (TC RF).
It is possible only with the consent of the person (when he reaches the age of majority) (Article 48 of the RF IC). If a person does not agree with paternity, then his. To do this, the mother (guardian) must apply to the district court with a statement of claim. The statute of limitations has not been set.
The plaintiff must submit to the proceeding documents confirming his claims, namely:
When considering a case on establishing paternity, the court takes into account any evidence that can clarify the circumstances of the case and confirm or refute the paternity of a person. In addition, the court has the right to appoint an examination on the origin of the child according to the method "genetic fingerprinting". If the parties refrain from conducting an examination, the court may, at its discretion, decide whether there is evidence of paternity or not.
In accordance with Art. 90 of the RF IC, after a divorce, they have the right to demand the payment of alimony for their maintenance from ex-husband the following persons:
Spouses can conclude an agreement on the payment of alimony, which must be certified by a notary and from the moment of such certification has the force of a writ of execution.
When failure to reach agreement, the mother may apply to the district court at her place of residence with a claim for the recovery of alimony. State duty is not paid.
When making a decision determining the amount and procedure for paying alimony, the court takes into account the financial security and marital status of the parents, other circumstances (incapacity for work of family members, the onset of disability or the presence of a disease that prevent the continuation of work in the same place, the child’s admission to work or his entrepreneurial activity). activities).
The legislation of the Russian Federation does not contain the concept of “single mother”, however, a single mother is considered a woman who gave birth to a child in a civil marriage and not having a father on the child's birth certificate or this entry was made at the direction of the mother. A single mother is the only parent for a child who has obligations towards the child and has rights.
Not a single mother is a woman who divorced her husband and was left alone with the child.
single mother is a single parent minor. In accordance with Art. 80 of the Family Code of the Russian Federation, the obligation to support their children arises from parents, therefore, only a single mother has the obligation to support her child. Accordingly, a single mother cannot apply. At the same time, a single mother has all the rights in relation to her child and has some benefits granted to her by the legislator.
Single mother Ivanova, in order to receive a tax deduction for the child, provided a birth certificate for the child and a certificate from the registry office, which indicates that information about the father was recorded from the words of the mother. Since Ivanova is the only parent of a minor, the tax deduction for the child should be provided to her in double the amount.
The situation can be changed if it is. In this case, an entry about the real father will be made in the child's birth certificate, and the mother, in the absence of the father's consent to pay alimony, can apply to the court for the recovery of alimony.
The legislator establishes the obligation of adult children to support their parents (Article 87 of the RF IC) if they are disabled or need help. Children can conclude an agreement with their parents on the procedure for paying alimony, or, if agreement is not reached, the parents can apply to the court with a statement of claim.
The court determines the amount of alimony in each specific case, based on the financial situation of the parents, children, the degree of their need. The amount of alimony is set in a fixed amount of money, which is paid monthly.
At the same time, if a parent has several adult children, the court takes this circumstance into account, regardless of whether the application was submitted to one or several defendants.
In accordance with Art. 88 of the RF IC, adult children are required to bear additional expenses for the maintenance of their disabled parents in the following exceptional cases:
The list of exceptional cases is not closed; may be supplemented by the court at its discretion. The amount of additional expenses may be determined by an agreement between the parent and the child or by a court decision.
If during the trial it is established that the parents did not raise children, did not give money for their maintenance, were not interested in their way of life, then child support may be denied..
Deprivation of parental rights entails the loss of all rights of the parent, including the maintenance of adult children.
Questions from our readers and answers from a consultant
I was in a civil marriage, in which I gave birth to a daughter. The father refused us, was not interested in his daughter, did not recognize paternity. Can I sue him for child support?
You can apply to the court for alimony, but for this you will need to establish paternity. To do this, you must submit an application to the court to establish paternity at the same time as the first application. If paternity is established, child support will be paid from the date you submit your application. But it must be borne in mind that in such a situation, your former common-law husband will have the right to receive maintenance from your daughter when she reaches 18 years of age.
I am 65 years old, my son lives in another city, does not communicate with me and does not help me. My pension is not even enough for food. What should I do?
In such a situation, you should try to contact your son and agree on the amount of support that he can give you, since children are obliged to support their disabled parents. In case of refusal from your son, you have the right to apply to the court with a demand to recover alimony for you from your son.
If the child's mother or father evades their obligations to support the child, then the child's parents need to sit down at the negotiating table and conclude an agreement on the amount and procedure for paying alimony. However, if a compromise cannot be reached or one of the parents refuses to comply with the requirements of the Family Code of the Russian Federation (the obligation of both parents to provide for the maintenance of children is fixed at the legislative level), then the issue of collecting maintenance payments can be resolved in court.
Not only one of the parents, but also the juvenile protection service can file a claim for the recovery of child support.
The procedure for assigning and collecting maintenance payments is regulated by Section 5 of the Family Code of the Russian Federation, and the procedure for filing a claim is regulated by the Federal Law "On Enforcement Proceedings", the Code of Civil Procedure. As a rule, alimony is applied to the court after a divorce, in such cases it is quite simple to justify the need for alimony payments, since the parents are no longer in official relations, do not run a household together and one of the parents takes care of the child. However, in order to assign maintenance payments, the court can also be contacted in cases where the parents are married, in such cases the mother or father of the child must find witnesses who will confirm the fact that one of the parents evades the maintenance of the child.
Through the court, it is possible to recover maintenance payments for a child born out of wedlock, but in this case it is also necessary to prove the fact of paternity. This can be done using the results of a genetic medical examination, providing a birth certificate with information about the father of the child.
The modern judicial system provides for 2 main options for procedures in which the parents of a child can sue for maintenance payments:
A court order is the most effective and simplest of the court procedures for considering maintenance issues. In the course of writ proceedings, the judge single-handedly considers the application for the payment of alimony for the child, examines the submitted documents and makes an appropriate decision. When considering the case, the parties to the proceedings are not summoned to the meeting, since the parents have no disputed positions and objections regarding the appointed maintenance payments, the circumstances of the case are extremely clear.
The judge in writ proceedings can appoint alimony payments only in shares of the defendant's earnings, upon receipt of a court order in the hands of the mother or father of the child, they can immediately contact the bailiff service for its execution.
The amount of alimony payments in the framework of writ proceedings is established in accordance with Article 81 of the Family Code, according to the norms of which the following parts of the defendant's earnings are subject to payment:
The total amount of alimony payments from the defendant can reach 70% of his income, since the guarantees of Article 139 of the Labor Code of the Russian Federation do not apply in this case. In order for the court to consider the application under the simplified procedure, the following information about both parents of the child must be submitted to the court:
The judge makes a decision based on the family and financial situation of both parents.
Claim proceedings are the most universal way of assigning alimony payments by the court. Litigation provides for competitiveness, as well as openness of the resolution of the litigation. The lawsuit process goes through several stages, starting from the preliminary court hearing and ending with the consideration of the case on the merits. The process involves the defendant and the plaintiff, each of the parties to the dispute may provide the court with its objections, explanations, any necessary evidence. The participation of a party in the proceedings may also require the involvement of a professional lawyer to resolve legal issues that arise in the course of the proceedings.
Claim proceedings are used when assigning alimony payments in hard monetary terms, a combination of accruals in shares of earnings and a fixed amount of money.
This process is also used to collect back maintenance debts. In the proceedings, the judge takes into account not only the fact of non-fulfillment of their obligations by the parent, but also the correct justification by the plaintiff of the amounts of alimony necessary for the maintenance of the minor.
To apply to the court for the appointment of alimony payments, the plaintiff must prepare a package of documents. So, you need to submit copies of the following documents:
The following documents are submitted in the original:
A detailed certificate of family composition can be obtained at the housing office, the certificate will indicate the characteristics of the house or apartment, as well as the data and list of everyone who is registered in this residential building. If the applicant knows the sources of income of the alimony payer, then they must be indicated in the application, especially in those cases when the issue of assigning alimony payments to the defendant who is not officially employed, does not have a permanent stable income or conducts entrepreneurial activity is resolved in the proceedings.
If the issue of collecting maintenance debts for previous periods is being resolved, then the plaintiff must indicate all the movable and immovable property of the defendant, which is owned by the defendant, so that the court in its decision can confine itself not only to general phrases about property and income, but also indicate specific values and property that bailiffs can levy foreclosure.
The package of documents is attached directly to the statement of claim or application for the accrual of alimony.
An application to the court for the recovery of maintenance payments can be submitted at any age of the child until he reaches the age of majority, the alimony in the court decision will be assigned from the moment of applying to the court. According to Article 107 of the Family Code of the Russian Federation, the limitation period does not apply to maintenance payments. It should be borne in mind that when assigning the amount of maintenance payments to several children, the court decision will be valid until the eldest of the children comes of age, after which the amount of maintenance payments will be reviewed in court.
The procedure for applying to the court for alimony payments is as follows:
The statement of claim in accordance with the norms of Article 126 of the Code of Civil Procedure of the Russian Federation must contain the following data:
Applicants in the category of alimony cases are exempted from paying the state fee and other fees that the plaintiff will not have to pay when submitting documents. When applying to any state institutions or organizations for a certificate, as well as when filing an application with the court, you must have a civil passport with you, otherwise the office workers will not accept the documents.
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