The process of filing documents for alimony. How and where to apply for alimony? Nuances of concluding an agreement

Alimony

Family, happiness, love. A miracle came - a child was born. And then your once beloved man began to change, not for the better. Divorce seems like salvation. But how to feed a child on one allowance? There is only one way out - submit documents for alimony. How to do it? Read the answer below.

What documents are needed to apply for alimony?
Collection of alimony through the court.

1. Application for alimony . It is drawn up directly in the courthouse. The sample can be taken from the secretaries or at the information stand - in two copies

2. Passport.

3. Birth certificate of the child (or children) - copy

4. If you are not married, then you need a certificate of paternity - a copy

5. If possible, you can also provide certificates from your husband’s place of work and his salary.

6. Certificate of family composition.

7. Marriage Certificate (If you were officially married)

With all these documents you go (as stated above) to the district court and give it to the secretary application for alimony and all collected documents for alimony. And then you wait for a response in the form of a letter.

What is the amount of alimony?

If you have one child together, then alimony will be 25% of all your husband’s earnings. If there are two – then 35%, and on subsequent ones – 50%. If your husband is unemployed, the same percentage of alimony will be deducted from him, but the amount will be equal to the minimum provided for by state policy.

What to do if your husband doesn't pay child support for several months?

What to do if your husband moved to live in another country?

Prepare the same documents for alimony, as written above, and take them to your district court. A letter regarding the collection of alimony is sent to the debtor and his place of work. And child support will be deducted from his salary in the same amount (25%, 35% or 50%) and transferred to you until the child or children come of age.

Well, if your husband helps you voluntarily, then there is no need to submit any application, because he can either file a counterclaim that you do not allow him to see the child, or simply stop helping. In other cases it is worth collect alimony through court.

In 2016, a number of new laws will come into force that will increase the amount of alimony payments and the responsibility of those who evade them. Read.
Video consultation on the topic: Alimony. Part 1

Video consultation on the topic: Alimony. Part 2

Also, if you were legally married, you have the right to apply for your maintenance from the moment of pregnancy and for the next three years. To do this, write a statement. If you have not previously agreed, then maintenance money will be calculated depending on your husband’s earnings.

Better yet, be happy in your marriage!

Family Code of the Russian Federation (FC RF) dated December 29, 1995 N 223-FZ

Chapter 17. PROCEDURE FOR PAYMENT AND COLLECTION OF ALIMONY

Article 106. Collection of alimony by court decision

In the absence of an agreement on the payment of alimony, family members specified in Articles 80 - 99 of this Code have the right to apply to the court with a demand for the recovery of alimony.

Article 107. Time limits for applying for alimony

1. A person entitled to receive alimony has the right to go to court with application for alimony collection regardless of the period that has elapsed from the moment the right to alimony arose, if alimony was not previously paid under an agreement on the payment of alimony.

2. Alimony is awarded from the moment you go to court.

Alimony for the past period can be recovered within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay alimony from paying it .

Article 108. Collection of alimony until the dispute is resolved by the court

1. In a case on the collection of alimony, the court has the right to make a ruling on the collection of alimony before the court decision on the collection of alimony enters into legal force; when collecting alimony for minor children - before the court makes a decision on collecting alimony.

2. The amount of alimony collected is determined by the court based on the financial and marital status of the parties. The amount of alimony collected for minor children is determined in accordance with Article 81 of this Code.

Article 109. Obligation of the organization’s administration to withhold alimony

The administration of the organization at the place of work of the person obligated to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution is obliged to withhold alimony monthly from the salary and (or) other income of the person obligated to pay alimony, and pay or transfer it at the expense of a person obligated to pay alimony to a person receiving alimony no later than three days from the date of payment of wages and (or) other income to the person obligated to pay alimony.

Article 110. Withholding of alimony on the basis of an agreement on the payment of alimony

Withholding of alimony on the basis of a notarized agreement on the payment of alimony may also be made if the total amount of withholding on the basis of such an agreement and executive documents exceeds fifty percent of the earnings and (or) other income of the person obliged to pay alimony.

Article 111. Obligation to report a change of place of work of a person obligated to pay alimony

1. The administration of the organization that withheld alimony on the basis of a court decision or a notarized agreement on the payment of alimony is obliged, within three days, to inform the bailiff at the place of execution of the decision to collect alimony and the person receiving alimony about the dismissal of the person obligated to pay alimony, as well as about his new place of work or residence, if it is known to her.

2. A person obliged to pay alimony must, within the period established by paragraph 1 of this article, inform the bailiff and the person receiving alimony about a change of place of work or residence, and when paying alimony to minor children, about the presence of additional earnings or other income.

3. In case of failure to report the information specified in paragraphs 1 and 2 of this article for an unexcused reason, the officials and other citizens guilty of this will be held accountable in the manner prescribed by law.

Article 112. Levy of execution on the property of a person obligated to pay alimony

1. Collection of alimony in the amount established by the agreement on the payment of alimony or by a court decision, as well as the collection of alimony arrears is made from the earnings and (or) other income of the person obliged to pay alimony; If earnings and (or) other income are insufficient, alimony is withheld from the funds of the person obligated to pay alimony in accounts in banks or other credit institutions, as well as from funds transferred under agreements to commercial and non-profit organizations, except for agreements entailing the transfer of rights property. If these funds are insufficient, foreclosure is applied to any property of the person obligated to pay alimony, which may be foreclosed by law.

2. Foreclosure on funds in the accounts of a person obligated to pay alimony and on his other property is carried out in the manner prescribed by civil procedural legislation.

Article 113. Determination of alimony debt

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is carried out within the three-year period preceding the presentation of the writ of execution or a notarized agreement on the payment of alimony for collection.

2. In cases where collection of alimony on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, alimony is collected for the entire period, regardless of the three-year period established by paragraph 2 of Article 107 of this Code.

3. The amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision or an agreement on the payment of alimony.

4. The amount of arrears in alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obligated to pay alimony for the period during which alimony was not collected. In cases where the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, arrears of alimony are determined based on the average salary in Russian Federation at the time of debt collection. If such a determination of the debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to go to court, which can determine the debt in a fixed amount of money based on the financial and family status of the parties and other noteworthy circumstances.

5. If you disagree with the determination of alimony debt by the bailiff, any of the parties may appeal the actions of the bailiff in the manner prescribed by civil procedural legislation.

6. The amounts of the monthly child benefit established by federal law, paid during the search for his parents who are evading payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the paid amounts to the income of the budgets of the constituent entities of the Russian Federation. These requirements are equivalent to demands for payment of alimony.

Article 114. Exemption from payment of arrears of alimony

1. Exemption from payment of arrears of alimony or reduction of this arrears when paying alimony by agreement of the parties is possible by mutual agreement of the parties, with the exception of cases of payment of alimony for minor children.

2. The court has the right, upon the claim of a person obliged to pay elements, release him completely or partially from paying alimony arrears if it establishes that the non-payment of alimony occurred due to the illness of this person or for other valid reasons and his financial and family situation does not make it possible to pay off the resulting alimony arrears.

Article 115. Liability for late payment of alimony

1. If a debt arises through the fault of a person obligated to pay alimony under an agreement on the payment of alimony, the guilty person shall be liable in the manner prescribed by this agreement.

2. If a debt arises through the fault of a person obligated to pay alimony by a court decision, the guilty person shall pay the recipient of alimony a penalty in the amount of one-half percent of the amount of unpaid alimony for each day of delay.

(as amended by No. 106-FZ dated June 30, 2008)

The recipient of alimony also has the right to recover from the person responsible for the untimely payment of alimony, who is obligated to pay alimony, all losses caused by the delay in fulfilling alimony obligations to the extent not covered by the penalty.

Article 116. Inadmissibility of offset and reverse collection of alimony

1. Alimony cannot be offset by other counterclaims.

2. Paid amounts of alimony cannot be claimed back, except in the following cases:

cancellation of a court decision on the collection of alimony in connection with the communication by the recipient of alimony of false information or in connection with the submission of false documents;

recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deception, threats or violence on the part of the recipient of alimony;

establishment by a court verdict of the fact of falsification of a court decision, agreement on the payment of alimony or a writ of execution, on the basis of which alimony was paid.

3. If the actions listed in paragraph 2 of this article are committed by a representative of a minor child or an adult incapacitated recipient of alimony, repayment of alimony is not carried out, and the amounts of paid alimony are recovered from the guilty representative at the claim of the person obligated to pay alimony.

(as amended by Federal Law dated November 30, 2011 N 363-FZ)

(see text in the previous edition)

1. The bailiff, as well as the organization or other person to whom the executive document is sent in the case established by Part 1 of Article 9 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, carry out indexation of alimony collected by decision courts in a fixed sum of money, in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population established in the relevant constituent entity of the Russian Federation at the place of residence of the person receiving alimony; in the absence of the specified value in the corresponding subject of the Russian Federation, this indexation is carried out in proportion to the increase in the value of the subsistence minimum for the corresponding socio-demographic group of the population as a whole in the Russian Federation.

2. The amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony can be established as a fraction of the subsistence minimum.

Article 118. Payment of alimony in the event of a person obligated to pay alimony leaving for a foreign country for permanent residence

1. A person leaving for permanent residence in a foreign state has the right to conclude with family members to whom he is legally obliged to provide maintenance an agreement on the payment of alimony in accordance with Articles 99, 100, 103 and 104 of this Code.

2. If an agreement is not reached, the interested person has the right to apply to the court with a demand to determine the amount of alimony in a fixed amount and for a lump sum payment of alimony, or to provide certain property on account of alimony, or to pay alimony in another way.

Article 119. Change in the amount of alimony established by the court and exemption from payment of alimony

1. If, in the absence of an agreement on the payment of alimony after establishing judicial procedure the amount of alimony has changed in the financial or marital status of one of the parties, the court has the right, at the request of either party, to change the established amount of alimony or to exempt the person obligated to pay alimony from paying it. When changing the amount of alimony or when releasing it from payment, the court also has the right to take into account other noteworthy interests of the parties.

2. The court has the right to refuse to collect alimony from an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the event of unworthy behavior of an adult capable person in the family.

Article 120. Termination of alimony obligations

1. Alimony obligations established by an agreement on the payment of alimony are terminated by the death of one of the parties, the expiration of this agreement, or on the grounds provided for by this agreement.

2. Payment of alimony collected in court shall be terminated:

upon the child reaching adulthood or in the event that minor children acquire full legal capacity before they reach adulthood;

upon adoption of a child for whose maintenance alimony was collected;

when the court recognizes the restoration of working capacity or the cessation of the need for assistance of the recipient of alimony;

when a disabled ex-spouse who is the recipient of alimony enters into a new marriage;

death of the person receiving alimony or the person obligated to pay alimony.

Filing an application for alimony is a rather serious and troublesome matter, and therefore it is worth preparing well in advance. 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 completely refuse to accept such a statement for its consideration.

What documents are needed to apply for alimony will depend on many circumstances:

• to what authority is the application written: to a magistrate, to a city (district) court, or to a voluntary agreement to pay alimony from a notary;
• a statement is written with a request to issue a court order or a claim is filed to claim alimony;
• for whose maintenance and for what reason is alimony collected: minor child, disabled adult, mother with a one-year-old child, etc.;
• whether the location of the person from whom it is planned to receive alimony has been established, as well as his place of work, other sources and amounts of income;
• whether the marriage between the spouses has been dissolved or they are not yet divorced;
• whether alimony will be collected for the past period;
• others.

Documents for every occasion

You need to approach each situation and each statement individually and try to document every word and action you make. But there is a list of documents for filing for alimony, which remains unchanged in the presence of different circumstances. In each specific case, it is replenished with other papers.

Required documents:

1. Application (request to issue a court order or statement of claim to collect alimony). It is drawn up and submitted in two copies - one of them is registered in the court office, the second is marked with acceptance of the application and is kept by the applicant.

2. The applicant’s passport and its photocopy. Ideally, you need to copy all the marks in the document, but be sure to copy pages with photographs and personal data, with notes on registration, registration/divorce, and 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 register, etc.). It must be detailed - indicating the address, size of the living space, 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 rental agreement for residential premises, if the applicant does not have official registration at the place of residence, but rents housing.

7. A receipt confirming payment of the state fee for filing an application for alimony.

These are mandatory 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:

• Passport of the spouse (or other alimony payer) from whom alimony is planned to be collected, and a photocopy of it. Often the court only needs one photocopy without the original.
• A certificate indicating the debtor’s place of work and the amount of his salary, or simply information about the main and additional sources of his income.
• Information about the place of residence of the person from whom you want to collect alimony.

To this list you will need to add information from the police about the search for the person if alimony is being 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 debtor’s constant earnings or the average salary in Russia.

Documents for child support

Their full list is listed above. Sometimes, in the case of collection of alimony for children under the age of majority, to confirm the determination of the child’s place of residence with the applicant parent, it is necessary to attach a court decision on this.

If alimony is collected from a common-law spouse, then the court will be required to bring evidence or a court decision establishing the fact of paternity.

When alimony is collected for children who are left without parental care, documents confirming the death of the parents and an order establishing guardianship will be needed.

The Family Code also allows those children who have already reached the age of 18 to receive alimony for their maintenance (read more about this in the article -), in two cases:

• if they are unable to work due to disability,
• if they continue their full-time studies (but only until the age of twenty-three).

In the first case, the general list of documents for filing alimony should be accompanied by the original and a copy of a certificate from a medical institution indicating the type of disease and the date of assignment of a disability group or a court decision on deprivation of legal capacity. In the second case - a certificate from the 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 when the child was 3 years old, 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.

Documents for child support for a mother on maternity leave

The parent who is in maternity leave, cares for a child under three years of age (almost always the mother), has the right to collect alimony from the second parent. Provided that he has not yet started work, does not have 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 age, 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 is not receiving wages. Or provide information from the social security service that the mother does not have a permanent job, and also indicate whether she receives child benefit and in what amount.

A pregnant woman will also be able to recover 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 duration of pregnancy indicating the date of registration at the antenatal clinic.

Documents for child support for an adult

Cases when alimony has to be paid for the maintenance of an adult citizen do not occur often, but they do not always occur. Most often, people who are elderly or unable to earn money due to health conditions are unable to provide for themselves and need financial support from relatives (or other persons).

These may be parents collecting child support from their already adult children, grandparents hoping for financial assistance from their grandchildren, disabled adult children, educators or adoptive parents who wish to receive child support 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. To confirm low level income - a certificate from social security, pension fund or employment service with a note on the amount of monthly benefit or pension.

It will be possible to collect alimony only if the applicant’s income is significantly lower than the income of the person from whom they are collecting alimony.

Documents for a voluntary agreement

If parents (or other persons) decide to enter into an agreement on the payment of alimony on a voluntary basis, then they should apply for its preparation and certification to a notary’s office. You need to bring with you:

• the drawn up text of the agreement or its draft,
• passports of both spouses (or other persons, depending on from whom alimony will be withheld),
• documents confirming relationship (children’s birth certificates, document establishing paternity, marriage/divorce certificate, etc.),
• information about income (of one or the other party, depending on the situation),
• documents confirming incapacity for work (if alimony is collected from an adult).

The notary, at his discretion, will be able to request other information.

Example. By court decision dated February 1, 2008, Ivanov A.A. alimony was awarded in a fixed amount - 5,000 rubles per month. The employee's ex-wife and child live in Moscow. The cost of living 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 cost of living for children in Moscow is:

7,866 rubles (Decree of the Moscow Government dated December 6, 2011 No. 573-PP).
7,825 rubles (Decree of the Moscow Government dated March 20, 2012 No. 94 PP).
7,972 rubles (Decree of the Moscow Government dated 06/05/2012 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 (7,972*1.0006).

Some features

Often spouses also pay alimony at the same time (you can find the form at the end of the material). They can also indicate in it the procedure for the desired division of property or ask to determine which parent the child will live with 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 payment of state duty.

Some facts

Child support is paid regardless of the material wealth of the parents, and untimely payment or complete disregard is a criminal offense. Even if the father or mother...

When accepting an application at the court office, you will be asked for both originals and copies of your passport, certificate of registration of marriage, divorce, birth of children or establishment of paternity, court decisions, and other official documents that provide certain rights or relieve you of responsibilities.

The following must be original: statements and claims, as well as all kinds of certificates and other documents that are issued specifically for presentation to the court as an appendix to each specific application (certificates of place of residence, place of work and salary, etc.).

Only in copied form will the court 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 stamped on the documents; some of them are issued for a specific period and may become invalid after some time.

In the application for alimony, you must indicate a list of all the documents that you attach to it, indicating their number and on how many sheets they are located on. This is a way to insure against the loss of a document.

If you still have questions about what documents are needed to apply for alimony, then ask them in the comments

Material publication date: 02/28/2020

Last update: 02/28/2020

How to properly apply for alimony, what documents are required for this, and what to do if the father does not pay alimony after a court decision? Read about it in our new article!

If after reading the article you still have questions, you can always use our lawyers.

In accordance with current legislation, a claim for alimony can be drawn up in any form. For assistance in writing an application, we recommend contacting specialists in your city.

However, if you do not have the opportunity to use the paid services of lawyers, you can negotiate a statement of claim yourself: to do this, you must adhere to the basic rules specified in Art. 131 Code of Civil Procedure of the Russian Federation.

So, your claim for alimony must include the following information:

1. The name of the court in which you are filing the application;
2. Details of the plaintiff and defendant (full name, place of residence, contact phone number, email address);
3. Child details (full name, date and place of birth, place of residence);
4. Your requirements (in this case, the assignment of alimony in the form prescribed by law);
5. Amount of alimony (indicate in what form you are asking to collect alimony: in the amount of 1/4 of the defendant’s total income or in a fixed amount);
6. Evidence confirming the validity of your claims (for example, data on child expenses for the last 3 months);
7. List of documents attached to the application.
8. Date and signature.

Required documents

The following documents must be attached to the statement of claim:

• A copy of the statement of claim;
• A copy of the marriage certificate;
• A copy of the child's birth certificate;
• Certificate from housing authorities about the child’s residence with the plaintiff.

Note! The article provides an approximate list of documents, which may vary depending on the situation.

How to apply for alimony: step-by-step instructions

To collect alimony in court, we recommend following the following algorithm:

Step one: drawing up and filing a claim

An application for the collection of alimony is submitted to the magistrate's court. In this case, the jurisdiction is alternative: you can independently choose the court at the place of residence of the plaintiff or defendant.

Note! If you do not know where the child’s father currently lives, in the statement of claim you can indicate the defendant’s last known place of residence.

Step two: trial

Within 5 days from the date of filing the application, the court must make a decision to accept the claim for consideration and notify you and the child’s father about the date of the court hearing.

At the court hearing itself, the procedure for behavior is quite simple. You, as a plaintiff, only need to confirm the circumstances that you set out in the statement of claim and answer possible questions from the court.

After the judge examines the documents and listens to you and the defendant, he decides to collect alimony.

If you or the child's father do not agree with the court's decision, each of you will be able to appeal this decision through the district court within 30 days.

If no one appeals the decision, after a month it enters into legal force.

Step three: presentation of the writ of execution

About a week after the decision is announced, you will receive a writ of execution and a copy of the decision. With these documents, you need to contact the bailiff service at the place of residence of the child’s father and write a corresponding application (written on the spot according to the sample). Then you just have to wait for the result.

If the child’s father does not pay child support after the initiation of enforcement proceedings, we recommend that you study the case materials and write a complaint about the inaction of the bailiff.

Most often, claims for alimony are filed after a divorce, when an already difficult divorce ends. divorce proceedings, the issue of the child’s place of residence is resolved, and the need for additional funds for his maintenance arises.

Sometimes mothers are stopped by the fear of paperwork, government agencies, court proceedings, and are forced to refuse child support.

Yes, collecting documents, filing a claim, defending your rights in court and achieving compliance with a court decision is not easy. 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.

Is it possible to apply for alimony after a divorce?

Parents are obliged to support their joint child, and if one of them does not do this, the second can file for child support.

And this can be done at any time:

For example, the parents are married, but do not live together, and the child does not receive proper support. Or the father living with the family neglects parental responsibilities.

Marriage between parents is not an exemption from child support, and is not an obstacle to the forced collection of such support;

1. simultaneously with the divorce process;

For example, a mother files a claim for divorce and includes in it a demand for alimony. Or the mother files in response to the father's claim for divorce.

1. after divorce.

It does not matter how long ago the marriage was dissolved.

When can you apply for alimony?

The law does not establish a statute of limitations or time restrictions for the collection of alimony (according to Article 107 of the RF IC).

You can apply for alimony at any time after a divorce. The only restriction is that the child reaches the age of majority.

Alimony will be collected from the moment you apply for it, and not from the moment of divorce (according to paragraph 2 of Article 107 of the RF IC). Therefore, lawyers advise starting the collection of alimony 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 (according to paragraph 2 of Article 115 of the RF IC), and other administrative sanctions will also be applied. .

Is it possible to collect alimony for the past?

Sometimes the court makes a decision to collect alimony not from the moment the mother applies, but earlier - for the previous 3 years. The court will make such an exception if it finds that the mother had previously tried to obtain child support payments, but the father avoided fulfilling parental obligations and did not pay.

Where and where to apply for alimony after divorce

1. Notarial office

The husband and wife can agree on alimony themselves.

If spouses want to voluntarily formalize alimony obligations, it is not necessary to go to court. They can draw up a written document - an alimony agreement, which will set out their mutual rights and obligations regarding the payment of alimony - the procedure, timing, amount and method of payment, as well as responsibility for failure to fulfill 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 the document themselves (by using a ready-made sample, as well as by studying the advice and recommendations of a lawyer in our article, or they can immediately seek legal help in order to cover all the essential provisions and not miss anything important. If you have questions or need advice, our lawyer will advise You are free.

You will have to file for alimony in court if the parents are unable to agree on the voluntary payment of alimony and conclude an alimony agreement.

The legal process involves preparing and submitting to the court a statement of claim (or an application for the issuance of a court order), to which documents are attached confirming the right to collect alimony. As well as a further visit to the court, participation in court hearings (if provided for by the procedure), after which - receipt of a writ of execution (court decision or order) for forced collection of alimony.

1. Bailiffs Service

Enforcement proceedings are the final stage of the procedure for collecting alimony. If the father is ready to make payments voluntarily and independently, there is no need to contact bailiffs. Find out how to pay child support correctly in the article

If the payer does not fulfill his obligations, and there is no way to count on voluntary payments, the mother can initiate forced collection of alimony. To do this, she needs to contact the bailiff service - submit an application to initiate enforcement proceedings, attaching to it an executive document (alimony agreement, court order or court decision to collect alimony).

Before going to court

Before going to court for alimony, it is necessary to decide in what proceedings it will be collected. There are two options:

• Order proceedings;
• Claim proceedings.

What are their differences?

Order proceedings

Writ proceedings are a simplified judicial procedure. It involves 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 summoning the parties to a court hearing, without disputes and proceedings. Having considered the application with the attached documents, the court issues a court order - a writ of execution, ready to be submitted to the Bailiff Service to collect payments.

Writ proceedings are a quick and simple procedure, but it has limitations:

• Firstly, consideration of the case in writ proceedings is impossible if the obligation to pay alimony is disputed. In other words, they are considered only indisputable cases. For example, a father does not agree to pay child support because he doubts the child’s origins and wants to challenge paternity.
• Secondly, in writ proceedings it is possible to recover payments only for the maintenance of minor children. Payments for the maintenance of a disabled child over 18 years of age or for a mother deprived of financial support cannot be recovered.
• Thirdly, in writ proceedings the court may order the payment of alimony only as a share of earnings a (for example, ¼ of earnings for one child, 1/3 for two children, 1/2 for three), but this is not always suitable for the mother. Sometimes the mother intends to ask the court to assign an exact, fixed amount.

Claim proceedings

If in writ proceedings the collection of alimony is impossible or undesirable, instead of an application for the issuance of a court order, a statement of claim can be filed.

Claim proceedings are more complex, they require the mandatory participation of both parties in the trial, and last much longer - 30 days(instead of 5 – in writ proceedings).

But through court hearings, you can resolve any dispute, assign alimony payments in any form: in the form of a flat sum, a share of earnings, or in a mixed form. Also, in a lawsuit, parents can make a conclusion, which will be approved by a court decision.

As a result of the consideration of the case, the court makes a decision to collect alimony. Based on the court decision, a writ of execution is issued - a document for the forced collection of alimony. It can be handed over to bailiffs, or you can entrust this task to the court by writing a corresponding statement.

The procedure for filing for alimony after a divorce in court

Who should file a claim

It does not matter which parent initiated the divorce. One of them with whom the joint children remained living after the divorce can apply for alimony.

As practice shows, after a divorce, children more often remain to live with their mother. She is directly responsible for the upbringing and maintenance of children, and she has the right to apply for alimony. But sometimes (there are very few such cases, but they do exist) children remain 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 fulfilling parental responsibilities, but they themselves are looking for ways and opportunities to pay child support. The question arises: what to do if the father wants to pay, but 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 and voluntarily take care of the child (for example, by transferring sums of money to a special account opened in the child's name), even if the mother is against it. The mother’s reluctance to file for alimony in court and disagreement to receive financial assistance from the father for the child is not a reason for releasing the father from parental responsibilities, but a violation of the child’s rights.

To be fair, it must be said that after a divorce, alimony is collected not only from the child. In some cases (Article 90 of the RF IC) the right to sue for alimony for your own maintenance Divorced spouses are entitled to:

• Pregnant wife;
• from birth to three years;
• A wife or husband caring for a joint disabled child (until the age of majority) or a group I disabled child (indefinitely);
• who became disabled before the divorce or within 1 year after the divorce;
• A needy wife or husband who has reached retirement age within 5 years after the divorce (if the marriage was long).

Procedure

The upcoming trial can seem like a daunting task, especially for a legally unsavvy citizen. But it’s enough to understand the basics of family law and the judicial process, draw up a step-by-step action plan, and collecting alimony will no longer seem like such an overwhelmingly complex procedure.

The procedure for a parent who, after a divorce, decides to file for child support should be as follows:

1. Consultation with a “family” lawyer.

You can go through the procedure for collecting alimony from start to finish on your own. But if your legal competence is low, do not neglect the help of a lawyer. This will help to avoid mistakes, waste of time, unnecessary expenses, and violations of judicial procedure.

1. Preparation of a statement of claim.
2. Preparation of documents.
3. Submitting a claim and documents to court(according to the rules of jurisdiction).

You can submit documents to the court in person, through a proxy, or by mail. All documents must be submitted in three copies: one constitutes the case file, the second is sent to the defendant, the third receives a registration mark and is returned to the plaintiff. A registration mark with a case number allows you to track the progress of the case, find out the date and time of the hearing, the name of the judge, and receive a copy of the court decision and the writ of execution.

1. Receive a notification about the date and time of the first (and subsequent) court hearings.
2. Participation in court hearings.

If the case is being considered not in a writ (Article 126 of the Code of Civil Procedure of the Russian Federation), but in a claim proceeding, it is mandatory for the parties to attend court at the appointed time (Article 155 of the Code of Civil Procedure of the Russian Federation). If the parties are unable to attend court hearings, they can ask the court to consider the case without them.

1. Based on the results of the consideration of the case, the court issues court order(in writ proceedings) or judgment(in claim proceedings).
2. Obtaining a writ of execution (which is issued on the basis of a court decision) or a court order from the court office.
3. Filing an objection to a court order(within 10 days after its issuance) or filing appeal against a court decision(within 1 month after its issuance).
4. Transfer of the writ of execution to the Bailiff Service- for the forced collection of alimony ordered by the court.

Which court should I apply for alimony to?

Two courts are authorized to consider the claim:

• Magistrate's Court. If the divorcing spouses do not have a dispute about the place of residence of the children and only need to consider the claim for alimony, they need to contact the Magistrates' Court.
• District Court. If the spouses have a dispute about the place of residence of the children, the issue of collecting alimony is resolved here. You also need to contact the district court if paternity needs to be established at the same time as collecting alimony.

As for the choice of court depending on the place of residence, cases of collection of alimony are subject to alternative jurisdiction (clause 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 go to court both at his own place of residence and at the place of residence of the defendant parent - at his choice.

Statement of claim

Preparing a legally competent, meaningful statement of claim is perhaps the main stage of the upcoming trial. Errors, inaccuracies, colloquial style of presentation, violation of form - all this can serve as a reason for the court to return the claim to correct the deficiencies.

The claim must meet the requirements of Art. 131 Code of Civil Procedure of the Russian Federation, and must contain the following information:

• Name and address of the court;
• FULL NAME. parties, registration and residence addresses;
• Document title: “Statement of claim for alimony”;
• Circumstances of the case: when the marriage was concluded and dissolved, when the children were born (indicating the full name and date of birth of the children), with whom the children live after the divorce, who supports the children;
• Justification of claims for the collection of alimony (for example, information about the needs of the child, income and expenses of the parents), links to supporting documents;
• Links to norms of family and civil procedural legislation;
• Claims: to collect child support (indicating the amount and method of collection);
• List of attachments (documents that confirm all the information stated in the claim);
• Date of filing the claim;
• Signature.

Documentation

Expenses

Since the beginning of 2015, the Tax Code (Article 333.19) has established a new amount of state duty for filing a claim with the court for the recovery of alimony - 150 rubles. This amount doubles if the claim contains a demand for the recovery of alimony not only for children, but also for oneself - 300 rubles.

If a claim is filed for the collection of alimony for the past period (up to 3 years), the amount of the state duty is determined based on the price of the claim.

The Tax Code contains another provision that is pleasant for the plaintiff: he is exempt from paying state fees for filing a claim for alimony. That is, you do not need to pay the state fee when applying for alimony! A state fee in the amount indicated above will be collected from the defendant.

Amount of alimony

The amount of alimony to be paid after a divorce is determined by:

1. On a voluntary basis.

If parents enter into an alimony agreement, they themselves determine the amount of monthly alimony 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 children's rights is unacceptable. The amount of alimony assigned under a parental agreement should not be lower than that provided by law (according to paragraph 2 of Article 103 of the RF IC).

1. Judicially.

If a parental agreement has not been concluded, the amount of alimony is determined by the court (according to paragraph 1 of Article 80 of the RF IC):

• as a percentage of earnings- if the income is constant. For one child a quarter of the income is assigned, for two children - a third, for three - half of the income;
• in a fixed amount– if the income is not constant, it is paid in foreign currency or in kind if there is no income at all. A fixed amount of alimony is assigned based on the cost of living for the child (depending on the needs of the child and the capabilities of the parent, an amount that is a multiple of the cost of living may be assigned) and is constantly indexed if the cost of living rises or falls.

If, some time after the divorce, the parents' life circumstances change significantly, the amount of alimony originally assigned may turn out to be too high or too low for them. In this case, you can go to court with a claim...

• (for example, if the father finds a job with a regular income, you can ask the court to set alimony as a percentage of his income, instead of a fixed amount).

When filing such a claim, you must 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 a medical and social commission on loss of ability to work, documents confirming the appearance of other dependents (birth certificates of children , pregnancy certificate, court decision to collect alimony for elderly needy parents).

Arbitrage practice

Court cases regarding the collection of alimony for child support can be classified as 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, to do this, the mother has to go through the entire judicial procedure on her own, from preparing a claim to making a final decision, after which she will also have to face the procedure for forced collection of monetary payments.

But sometimes the course of a trial is not so predictable. During the trial, disputes and disagreements may arise regarding the amount and procedure of payments, the unconfirmed income of the father, the neediness of the mother, the additional needs of the children, and even the place of residence of the children.

Example

After the divorce, Zubkov’s parents “divided” the children: their younger two-year-old twin daughters stayed with their mother, and their eldest sixteen-year-old son stayed with their father. The mother filed a lawsuit to recover from the father alimony for the maintenance of her daughters, as well as for her own maintenance, since she was on parental leave. The father filed an objection, pointing out that since he also supports 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, assigning alimony for the maintenance of children and maintenance of the mother in a fixed amount.

Before signing an alimony agreement or, moreover, filing a claim in court, consult with an experienced lawyer. He will help you achieve the protection of children’s rights to decent maintenance in accordance with the law, as well as avoid numerous mistakes in the process that can lead to violations and abuses. If you have questions, ask them in a 24-hour chat or by calling the hotline - our lawyer will advise you free of charge.

Last update: 12/07/2019

Upon the dissolution of a marriage in which children were born or one of the spouses lost the ability to work, the question of collecting alimony almost always arises. It is better to think about how to apply for alimony after a divorce in advance, before the judge has yet made a decision on divorce.

The ideal option would be to reach an amicable agreement with your ex-spouse and draw up a voluntary alimony agreement.. It stipulates the procedure and amount of the monthly payment, has it certified by a notary and begins to implement its clauses. If it is not possible to come to a consensus on the payment of funds for the maintenance of common minor children or for a needy spouse, then there is only one way out - to contact the judicial authority. He will impose a mandatory monthly payment forcibly.

If you don’t know where to apply for alimony, how to draw it up correctly and what documents to attach, what to do with the decision made, we provide a detailed algorithm of actions.

Step 1. Determine whether a citizen has the right to file a claim for alimony from his ex-spouse

The family legislation of the Russian Federation clearly defines the circle of persons who have the right to receive alimony in the event of a divorce. This:

• children under the age of eighteen who were born or adopted in this marriage;
• adult children recognized as disabled for health reasons (disability group). Wherein, OFull-time study of a child over 18 years of age at a university is not considered a disability ;
• one of the spouses (or former spouses), if he is disabled and cannot provide for himself,
• one of a married couple, if he is caring for a minor child under three years of age (including a woman pregnant with a common child), and he does not have the opportunity to earn money on his own. In this case, the claimant can count on alimony for both the child and himself.

Step 2. Decide which court in terms of jurisdiction and territoriality you should apply to

All applications for the collection of alimony payments, are considered by magistrates. The judge is approached with an application to issue a court order. But there are cases when you should file a claim:

• the defendant (the spouse who must pay alimony) categorically refuses to make payments, hides his location, source and amount of income from the court;
• the parent obligated to pay child support is already paying child support for another child (most often from another mother);
• the plaintiff wishes to recover alimony from the defendant in fixed monetary terms;
• one of the spouses does not fulfill the clauses of a previously notarized voluntary alimony agreement concluded between them.

It is not always possible to transfer a child support case to the court. There are situations when their investigation can be handled exclusively by court of general jurisdiction(city, district or other subject of the Russian Federation). We are talking about cases with multiple requirements. That is, at the same time, in addition to alimony, other family and child issues were announced, for example, establishing paternity or a dispute about who the child will stay with, etc.

As for territoriality, the claimant can file an application with the court, both at the place of residence of the defendant, and at the address of his residence. How it will be more convenient for him.

Step 3. Prepare documents

A positive decision on alimony directly depends on what documents and in what form were provided to the court.

Depending on whether the application is for a court order or a lawsuit, the applicant must take into account small subtleties.

If there is an order, then the application with attachments is sent immediately to the judge.

When a statement of claim is filed, one copy (of the claim and attachments, without state duty) is first sent to the defendant, and then a package of documents is sent to the court (with a copy of the receipt for the initial delivery to the defendant).

Documents are submitted in the form of copies. The originals are brought to the court hearing for certification by a copy by the court.

The package of documents (attachment to the claim/application for order) includes:

1. Certificate of divorce (certificate from the civil registry office or a court decision on divorce, if the document has not yet been received). If the spouses were not married - evidence of cohabitation.
2. Marriage certificate (if the marriage has not yet been dissolved at the time of filing the claim).
3. Birth certificate of a common minor child (children) born in marriage. In the case of a civil marriage, both parents must be indicated in the metric.
4. Certificate from the applicant’s place of residence regarding family composition.
5. A receipt confirming payment of the state duty (150 rubles).

This list can always be supplemented depending on the specific situation, the number of stated requirements and at the request of the applicant himself.

Step 4. Correctly draw up a statement of claim

Nowadays, finding a standard sample application for an order or a claim for the collection of alimony is not a problem. You can contact the court office or download it from the Internet. In the most difficult situations, when you cannot do without legal assistance, you can turn to the services of lawyers. They will help you draft your application/claim correctly, collect documents, and explain where to apply for alimony. Not for free, of course.

In any application, the header indicates the name of the addressee - the court division (judicial district), full name and contact information (residence address, place of work, telephone) of the claimant (plaintiff) and debtor (defendant), the price of the claim (estimated amount of alimony for one year).

The text of the claim must indicate:

• that the claimant (plaintiff) and the debtor (defendant) were legal spouses (indicate the date of marriage and dissolution of their union);
• are there any children born in the marriage (write their full names and dates of birth);
• that the children live with him, he fully provides for them financially, the defendant, on the contrary, does not provide them with any financial assistance;
• whether the defendant has children in other marriages, and whether he pays alimony for them;
• if alimony is sought to support a disabled spouse, then the grounds on which he has the right to receive it (disability, caring for a small child, etc.) should be reflected;
• the operative part of the claim indicates the form and amount of alimony that the applicant wishes to recover from the defendant;
• At the end of the application, the attached list of documents is given, the date and signature of the plaintiff are indicated.

Family legislation provides for collecting from the payer monthly no more than 25% of his income for the maintenance of one child, for two children - 33.3%, for three or more - 50% (in total up to 70%). The plaintiff may demand payment of alimony in a fixed (or fixed) sum of money, when the amount is established by the court taking into account the arguments of the claimant and the level of income of the alimony provider.

You can file a claim for alimony even if the spouses are not married. Only for this you need to confirm the fact of their cohabitation, and in the children’s records they both must be indicated as parents.

Step 5. Consideration of the case in court

The order is considered by the judge for 5 days, and a claim filed in court is considered no more than one month.

The court order is issued without summoning the claimant/debtor.

With a claim it’s a little different. If its form and submitted documents meet all the requirements, then the judge accepts it for proceedings and schedules a court hearing, of which both parties are notified.

In courts of general jurisdiction, the consideration of a case usually takes place with the participation of the plaintiff and the defendant. The judge examines all the documents and evidence presented to him, decides on the possibility or impossibility of assigning “firm” alimony, recognizing a voluntary agreement as valid or invalid, etc. A positive result of consideration of such cases is the issuance of a writ of execution. That is, a court order or writ of execution (based on a court decision on the claim proceedings).

It is based on one of these documents: court order or writ of execution, subsequently alimony is collected from the defendant, from the date indicated therein and in the established form and amount.

According to judicial practice cases of alimony collection are almost always considered positively, because the obligation to financially support one’s minor children, disabled spouses or parents is clearly stated in the articles of the Family Code of the Russian Federation.

Step 6. Receive the document in your hands

If the defendant agreed with the judicial act and did not appeal it, then 10 days after the court order was issued or 1 month after the decision was made (when filing a claim), it will enter into legal force. The judge will send a copy of the court order to each party, and is also required to submit one copy to the territorial branch of the bailiff service. They are the ones who must collect alimony from the payer.

If there was a lawsuit, then after the decision comes into force, you need to write an application for the issuance of a writ of execution. The writ of execution is issued only to the plaintiff (or, at his request, is sent to the bailiffs).

It would be a good idea for the claimant to play it safe and make sure that the bailiffs receive the document in a timely manner and initiate enforcement proceedings on it, after which alimony will begin to be collected from the payer. The law does not prohibit the claimant from submitting a writ of execution or a court order to the bailiff service or at the payer’s place of work, which will speed up the procedure for deducting funds for alimony from his salary.

Many applicants are concerned about the question of whether alimony is calculated if the father (payer) does not work. Alimony is calculated in any case, but its amount will be tied to the cost of living in the region. In such cases, when the payer does not have a permanent job and income, it is better to immediately go to court with a demand to assign him alimony in a fixed amount, and not in proportion to wages.

How to submit an application to bailiffs via the Internet

Nowadays it is possible to submit an application for the collection of alimony via the Internet. The applicant must already have a positive court decision (court order or writ of execution) or a notarized voluntary alimony agreement.

First you need to register on the State Services website (https://www.gosuslugi.ru/). Then in the “Office of the Federal Bailiff Service” section you must enter the following information:

• your full name;
• defendant's details;
• territorial branch of the bailiff service, which should deal with collection (at the defendant’s place of residence);
• a scanned (or photographed) copy of a court decision or a voluntary agreement on alimony.

If you performed all the actions consistently and correctly, then after some time you will receive a notification from the FSSP (bailiff service) about the start of alimony collection.

Step 7. Interaction with the bailiff

It is no secret that FSSP employees are overloaded with work, and there are also those who do not fulfill their duties in full conscientiousness. Therefore, the claimant should personally get acquainted with the bailiff who will handle his case for collecting alimony, and periodically contact him. Any information about a change of place of residence or work of the payer, about the appearance of additional income, communicated to the bailiff, will primarily help the claimant himself and increase the chance of receiving alimony payments in full.

Answers to popular questions

Question:
We have not lived with our common-law husband for almost 2 years. Can I apply for child support retroactively? We have a daughter together; our common-law husband is listed as the father on her birth certificate.

Answer: According to Article 107 of the Family Code of the Russian Federation, a person entitled to alimony can go to court to collect it at any time. But one condition must be met: never before has alimony for this person been collected from him or paid to him. Neither by a court decision, nor by voluntary agreement. After a court decision is made in your favor, you will be able to receive alimony for your daughter. You will be able to collect alimony from your common-law husband for the past period (that is, for the period that you do not live together), but here The three-year statute of limitations applies. That is, they can be collected within three years from the date of going to court, provided that the debtor avoided paying them. In your case, two years have passed, for which you can also collect alimony for the maintenance of your daughter.

Question:
Can I apply for child support again? My husband and I divorced 3 years ago. Immediately with the application for divorce, I filed a lawsuit to collect alimony from him for the maintenance of our minor son. At that time, my husband did not work anywhere, so I did not take the court order to the bailiff service, and enforcement proceedings were not initiated. Now I know that ex-husband I found a good job and would like to receive alimony from him for my son.

Answer: You already have the court decision in your hands, so there is no need to go to court. But you need to take a court order and take it to the bailiff service and to your husband’s work. After the initiation of enforcement proceedings, the collection of alimony will begin from your husband. If the court decision is lost, then you need to contact the court that made it and get a duplicate. If the writ of execution contains an inscription in your own hand stating that alimony has been paid to you in full in advance and you have no claims against the defendant, then it is unlikely that you will be able to collect alimony.

Question:
Can a husband apply for alimony?

Answer: If after a divorce the child remains to live with his father and he fully provides for him financially, but the mother does not provide him with any financial assistance, then this is quite possible. This fact must be proven to the court by the testimony of witnesses, the child himself, an agreement concluded between the parents on the child’s residence with one of them after the divorce, etc. The husband can collect alimony from ex-wife and for his maintenance if he is recognized as disabled and in need of financial assistance.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.