Alimony Claim: Sample Fill and Form

In most cases, the first document that a woman draws up after a divorce is an application for alimony.

What is child support?

After the collapse of the family, the most miserable are the children. It’s okay yet - you are not thinking, but what if the child already understands everything? What had been built over the years was destroyed before his eyes. Such a sight is not for the faint of heart. In addition, he has to lose one of his parents. Most often it turns out to be a father. His departure, in addition to psychological trauma, also inflicts a severe blow to the material condition of loved ones. The ex-wife is forced to bear the heavy burden of keeping her children alone.

Feeding a family without the necessary funds is quite difficult. Here the Family Code of the Russian Federation comes to the aid of a woman. It provides a clear explanation of the rights and obligations of both spouses. This legislation is designed to protect those who need help.

Section 5 of the RF IC is devoted to maintenance obligations. What is it? The word "child support" from Latin is translated as "food". That is, one spouse helps another to “feed” their common children. To do this, you just need to write a statement for alimony and arrange everything accordingly.

Child support recovery options

There are two options by which one of the spouses can receive alimony from the other:

1. Mutual agreement (Articles 99-100 of the IC of the Russian Federation).
2. Coercive enforcement through court.

In the first case, parents peacefully agree with each other on a monthly allowance, which one of them pays to the other for the maintenance of their common children. In this case, an application for child support is not necessary. Such an agreement must be concluded in writing and must be notarized. Otherwise, it will not have legal force and may be violated at any time. It can even be immediately compiled by a notary public. To do this, you only need to determine the three main points of such an agreement:

• amount of payments;
• payment procedure;
• the way these payments will be made.

If the former spouses cannot reach a mutual agreement, then you will have to use the second option and apply for child support in court. In this case, the issue will be decided on the basis of existing legislation.

What you need to apply

In order to avoid mistakes and do everything right, you must clearly know how to apply for child support. It is preliminary worth noting that such a penalty can be made without a divorce. But if the decision has already been made, and there is no turning back, then first you need to get started collecting the necessary documents. As you know, any decision in court is made on the basis of evidence. In this case, you need to document the validity of your claims. To do this, you must have:

1. Passport and its copy to confirm the identity of the applicant.
2. Both certificates (of marriage and divorce). If one of the documents is lost, then you need to have time to order a duplicate in the registry office. You must have copies of them with you.
3. Birth certificate (with a certified copy) of the birth of children to confirm the fact of motherhood and fatherhood.
4. Certificate of the appropriate sample on the composition of the family. She is usually taken at the place of registration of the child to confirm with whom he is currently living.
5. The statement itself addressed to the judge with a request for recovery from the former spouse of alimony.

Who has the right to demand?

In accordance with the Family Code of the Russian Federation, they have the right to file a claim for alimony:

• spouses - each in their own favor or for common minor children;
• parents - on their adult children;
• grandchildren - to grandparents;
• grandfathers (grandmothers) - for adult grandchildren;
• brothers and sisters - at each other;
• stepfathers and stepmothers - on their adult stepdaughters and stepsons;
• adopted children - at their adoptive parents.

As you can see, there are many options, but the reason is one: one of the family members evades from fulfilling their duties. The court must understand the situation and make the only right decision. But if it does not suit the side of the defendant, and the amount of payments, in his opinion, will be too large, then he has the legal right to file a counterclaim, which will contain a request to reduce the amount of accrued alimony. The court will consider both documents taking into account the marital or financial situation of both parties and make a decision, confirmed by the relevant articles of the law.

Where to go for help?

After all the documents are collected, the time comes for active action. First of all, you need to understand where to apply for child support. By law, such questions must be addressed to the justice of the peace. This can be done at the place of residence - both the plaintiff and the defendant. This does not change the essence of the issue. You can go to court whenever you want: immediately after a divorce or after several years.

Anyway, payments will be awarded from the moment of appeal. There is also the opportunity to try to recover child support for the past period, but not more than the last 3 years. In addition, it will be necessary to confirm the fact that the plaintiff, for his part, tried earlier to compel the defendant to fulfill his obligations, and he in every possible way avoided this.

Only then will the court, after hearing the explanations and arguments of both parties, make a competent decision. Typically, such applications are reviewed within a week. The court then issues an order to recover the requested alimony. This document should be transmitted to the bailiff, who, in turn, at the request of the plaintiff will initiate enforcement proceedings and will continue to monitor the progress of its implementation.

Rule of action

In order to be sure of a positive solution to the issue, it is necessary to correctly file a statement of claim for alimony. His sample is a sequential presentation on paper of the necessary information in a certain order. First, a “cap” is filled in the upper right corner, which indicates: the name of the court, full details of the plaintiff and defendant, and also mentions in whose favor this claim should be considered.

Next is the name of the document. This is followed by a detailed statement of the issue with links to articles of the Family Code. In conclusion, the word "I ask" is separately written, and after it a concrete proposal is stated. In this part, you can specify the amount that the plaintiff expects, as well as choose the option of making payments.

By law, the defendant may be recovered cash support or as a percentage of revenue. After the main text, all attached documents are listed, the date of filing the application and the signature of the plaintiff are put. Having registered such a statement, we can only wait subpoenas.

Download Alimony Claim Form