Can I apply for child support a second time? What is included in this concept? Or a citizen who once filed a lawsuit can no longer re-implement the idea? To understand all this and not only to come. In fact, with the right preparation, the situation is not so difficult. What should each citizen of the Russian Federation remember?
The concept of alimony
What is child support?
This is the name of regular (usually monthly) payments that are made to support needy disabled relatives. The main recipients of the money are spouses, parents and children.
Alimony can be expressed both in cash and in property. The latter option is extremely rare. Can I apply for child support a second time? If so, how to do it?
Payment Assignment Methods
To answer this question, first you have to figure out how alimony can be assigned.
In Russia, there are so far the following scenarios:
- verbal agreement between the parties;
- peaceful agreement;
- the court's decision.
Each layout has its own advantages and disadvantages. But the official purpose of alimony is either a peace agreement or a court order. An oral agreement is not proved in any way and does not have any legal force.
The concept of "re-appeal"
Can I apply for child support a second time? Understanding this topic can be difficult. The thing is that the concept of "repeated submission for alimony" can be interpreted in different ways. And depending on the definition of the term, the answer to the question under study will change.
So far, in judicial practice, the following scenarios have been identified:
- submission for alimony after an oral agreement;
- appeal to the court after the conclusion of a peace agreement;
- judicial debate after the withdrawal of the decision of the established form;
- filing a claim for recalculation of payments;
- appeal to the court at the birth of a new child.
These are the most common and well-known situations in judicial practice. All of them are called re-filing a lawsuit.
Right or myth
So is it possible to apply for child support a second time?
Based on the foregoing, yes. In real life, citizens are not always given this kind of right. Sometimes it happens that there is no reason for a second appeal to the court for alimony.
However, it is worth remembering that the plaintiff has the right to appeal to court. And not only repeatedly. You can submit the application in the established form to receive alimony payments as many times as you like. But only on the condition that the applicant really has reason to implement the task.
Oral arrangements
Can I apply for child support a second time? The procedure for translating ideas into reality will differ in one case or another.
We begin to consider different situations in life. After all, far from always going to court takes place.
The first scenario is when the parties verbally agree on the payment of alimony. No ships, notaries or documents. In fact, alimony is not considered appointed, citizens pay them voluntarily.
In this case, a second application for alimony does not take place. This is due to the fact that if the payer stops paying, an initial consideration of the claim of the established form takes place.
Peace Agreement
Can I apply for child support a second time after a peace agreement? Sometimes the parties are able to agree on the payment of appropriate funds without a court.Then they have to conclude a peace agreement with a notary.
This option is also not considered the official appointment of alimony, but it offers the parties some guarantees. The child support agreement is legally binding.
If the terms of the agreement are violated or the potential recipient wants to pay child support officially, a visit to the court is allowed.
What if a person has already filed a similar application? Just try again. Even with a peace agreement, the court will have to consider the lawsuit. And depending on the circumstances, one or another decision is made - either the application is approved or rejected.
After the trial
Can I apply for child support a second time? Many are interested in this issue after the court has made a decision. For example, on the payment of alimony in the declared amount.
In this case, a second appeal to the courts takes place. But, as a rule, this happens when:
- attempt to increase / decrease the size of allocated finances;
- disagreement with the court decision;
- failure to comply with a court order.
We will consider the last layout in more detail. He is interested in many modern citizens.
They took the decision
Sometimes it happens that the plaintiff takes a court order or lawsuit. This is done for various reasons. For example, the parties reconciled and decided to deal with maintenance issues amicably, on a voluntary basis. After all, the presence of a court order is a compulsory collection of funds from the alimony.
Can I apply for child support a second time after a refusal? Yes. And after the person took the court order? Also. After all, it also happens that at first people agree on the voluntary payment of alimony, the plaintiff takes the court order, and the payer simply refuses his decision. Indeed, it is impossible to force payments to be made without a court decision.
In such situations, a second appeal to the court is mandatory so that the recipient of the money officially applies for financial support. If the alimony will in this case evade his obligations, the debt will begin to be credited to him.
There is a resolution, no payments
Can I apply for child support a second time? Practice in Russia demonstrates that such situations are not uncommon. And they are completely legal.
What to do if a citizen has filed a claim for child support and received a court order, but there are no payments? In this case, you have to re-apply to the court to recover the debt.
In addition, a potential recipient of alimony may act differently - go to the bailiffs and carry out a procedure for the enforcement of the required cash. As a rule, such a technique is used if, after applying to the court for a debt (and forfeit), no changes have occurred.
Where to file a claim
Can I apply for child support a second time? Yes, such a right is almost always. If we talk about child support, then parents can go to court as long as the child has the right to financial support. Most often - up to 18 years. Less commonly, after children have reached the age of majority (for example, if the child is disabled).
Where to go with a lawsuit? The document is submitted to the district court. In general, the operation is no different from the primary purpose of maintenance payments. Unless in certain circumstances it is necessary to attach evidence of the debt of the alimony.
Family replenishment and alimony
Is it possible to file child support payments a second time? As we have already said, parents have the right to apply for appropriate payments until the children reach the age of majority.
What if the next baby appeared in the family? The mother of this child has the right to appeal to the court for alimony. The main condition is to prove the relationship between the baby and the alimony.
Thus, different people and any number of people can apply for the same person for alimony. But only on condition that kinship with a child or family member is proven.
Examples
Suppose a woman is divorced, having in her arms a baby from a citizen. She has been given child support for this child. Then she gets married and gives birth again. She has no right to go to court for alimony from the father of her first child. And for the current spouse - easily. If the "new" baby is the child of her ex-husband, then, subject to proven kinship, you can apply for alimony again (to increase them).
Can I apply for child support a second time? Refusal of these payments does not take place, especially when it comes to children. Parent cannot officially refuse financial support for a child.
The second situation - the couple divorced. They have a minor child. The man marries again and his wife gives birth. Alimony has already been assigned to the first child. In this case, the new wife may go to court to recalculate the child support payments. For her, this will be a primary appeal, for her spouse - a second appeal. Then child support will be assigned to both the first child and the second. In fact, payments will be increased and divided.
Documents for the court
We found out whether it is possible to apply for child support a second time. Now it’s worth considering a package of documents that will come in handy for the implementation of the task.
The exact list depends on the situation. But in general, the applicant will be required to:
- lawsuit;
- passports of the parties;
- birth certificates of all children associated with the defendant;
- marriage / divorce certificates;
- statements on the income of the alimony (or a request for the provision of relevant data);
- peace agreement (if it was);
- certificates of family composition;
- a document confirming the residence of the child with the plaintiff (court decision, peace agreement);
- evidence of the debt of the defendant (statements from banks, accounts, and so on);
- court ruling (if any);
- documents confirming kinship with the defendant;
- testimony (preferably);
- substantiation of requirements (for example, calculation of expenses for children).
These papers are found in judicial practice most often. In addition, medical certificates and other extracts that indicate the need to increase / decrease payments may be useful.