The Family Code of the Russian Federation protects the interests of minor citizens. Chapters 11 and 12 indicate that parents should be responsible for their children - take care of their physical, mental and moral health, material well-being, educate, develop and provide the opportunity to receive a general education.
At the same time, both spouses must equally fulfill their parental obligations. In case of divorce, neither the mother nor the father shall be exempted from the duty. Both of them should continue to feed, clothe, teach the child, constantly participating in his life.
Unfortunately, in practice it often turns out that one of the parents who, after a divorce, begins to live separately, disassociates themselves from fulfilling their duties of caring for and maintaining the child. If you do not know how to resolve this situation, this article is for you. In it, we will talk about how to file an alimony, what documents should be collected and how to write a statement of claim. We hope that this information will help you in solving difficulties.
What is child support?
Alimony is a legal term for material means that, in accordance with the law, one of the spouses must pay the other for the maintenance, nutrition and education of a common minor (and sometimes over 18 years old) child. Money or in-kind products may be given on a voluntary or compulsory basis, by court order.
According to the law, the payment of alimony for the maintenance of a child does not correlate with the spouses being married. The obligation to financially support their offspring is born of maternity and paternity. Therefore, the spouse has the right to sue child support while legally married, not wanting to dissolve it. Also, one of the parents may ask for child support, even if he is not married at all to the mother or father of the offspring. The law allows you to file for alimony after a divorce, without a divorce or in the process of divorce.
Material assistance without an agreement
In the absence of disagreement between parents regarding the maintenance and upbringing of the child, there are several options for paying child support, including:
- on a voluntary basis without an agreement;
- on a voluntary basis on the basis of an agreement;
- voluntary payment in the presence of a court decision.
The first option assumes that the parents of the child come to an agreement on the material support of the offspring without formalizing a formal contract and without going to the court. At the same time, neither the order, nor the frequency, nor the amount of alimony is recorded in notarized documents. It is advisable to make a voluntary payment while maintaining documentary evidence.
This can be done if you open an account in the name of the former spouse or child and transfer the alimony amount to it or make a money transfer by mail. In this case, it is important to correctly indicate the purpose of the money transfer, for example, “alimony for August 2014.” You can also take a receipt that the funds have been received and there are no complaints, but this is quite inconvenient.
Conclusion of a voluntary alimony agreement
An excellent solution for both parents (for guardians or adoptive parents) of a child is an agreement on the basis of which voluntary child support payments will be made.A notarized official document will help to avoid conflict situations between former spouses. The agreement usually indicates the amount of cash, the order and timing of their payments (monthly, quarterly, one-time, etc.).
Spouses can draw up a similar agreement both during the marriage and after its dissolution. Alimony is established by agreement of the parties - in a fixed amount or as a percentage of the parent's income. A notarized contract may be transferred to the accounting department at the payer's place of work. To conclude an agreement on voluntary payments, it is necessary to prepare:
- passport or other identification documents;
- documents confirming the amount of alimony (income statement, etc.);
- certificates establishing kinship between the parties.
The nuances of concluding an agreement
The agreement is drawn up and signed by the parties - the person obligated to pay child support, and the recipient of funds. The document is mandatory notarized, and after that it takes effect. Child Support Size for one child there can be less than a quarter, for two children - one third of the payer or other income of the payer, and also cannot be lower than the amount that the recipient could achieve in a judicial proceeding.
This document provides for indexation of the amount of the maintenance payment to protect it from inflation. The agreement may be terminated by mutual agreement of the parties at any time. Any changes to its conditions must be made in writing and certified by a notary. Unilateral refusal to fulfill obligations or changing the terms of the agreement is not allowed.
Application for execution of a court order
If the parent stops paying child support, then the recovery will be carried out in an indisputable manner on the basis of a court order. For its execution, you must personally submit or send a registered letter to the magistrate. Copies of documents must be attached to it. The application shall indicate the fact of being married, the number of children and their data, requirements of the recipient, data of the payer, etc.
To sue child support for issuing a court order, you need copies of marriage certificates and their dissolution, documents on the establishment of paternity (if the marriage has not been registered), and agreements on the payment of alimony. Also need certificate of employment unscrupulous payer.
In accordance with the rules of civil procedural law, the application will be registered and reviewed. Within five days, the judge will issue a court order to recover alimony without trial and summon the parties to a meeting. After receiving the order, it must be taken to the bailiff or to the accounting department at the place of work of the defaulter.
Where to apply for child support? Statement of claim
If the spouse does not voluntarily pay child support, refuses to sign the agreement and avoids raising his child in every way, the second parent should go to court. Where to apply for child support? The plaintiff should go to the justice of the peace at the place of registration or at the place of registration of the defendant. In order for the application for the collection of alimony to be accepted, it is necessary to prepare the documents:
- certificates of marriage and divorce (if any);
- birth certificate of a child;
- a certificate from the housing authorities confirming the fact of residence of the child with the plaintiff;
- income statements of the defendant and the plaintiff;
- documents on the amount of deductions from the payer (if any).
When applying to the court, the plaintiff eliminates the need to pay the state fee. What documents are filed for child support if the marriage has not been officially registered? In addition to the standard list of certificates, it is necessary to provide a certificate of establishing the paternity of the defendant (examination results).When applying to the court, a statement is drawn up which contains the name of the court, information about the defendant and the plaintiff, the plaintiff's claims, circumstances and a list of the attached documents.
How to apply for child support not only for the child, but also for yourself?
In article 89 of the RF IC, it is indicated in which cases the spouses commit themselves to financially support each other. The right to sue a husband for child support is available to women during pregnancy or raising young children (up to 3 years of age).
Also, a disabled spouse who is in need or cares for a disabled child has the opportunity to seek the help of a justice of the peace. It should be remembered that if there is a need to recover child support for their maintenance and for the maintenance of a common child, it will be necessary to draw up two separate statements. In the first, the needy parent will appear in the quality of the plaintiff, and in the second - the child himself.
Judicial review
The statement of claim will be considered within 30 days from the moment it arrives at the site. During the trial, both parties, as well as witnesses, will be summoned to court. As a result, the judge will make a decision. As a rule, the statement of claim is satisfied, often the court goes towards the woman, especially if her income does not allow herself and the child to be provided with everything necessary. To appeal the decision, the plaintiff and defendant are given a 10-day period. If the parties have not filed complaints, the judge will issue a writ of execution, which will become the basis for the opening of the enforcement proceedings.
How to file a father for alimony? Very simple. If the child lives with the parent, and the mother does not fulfill her obligations regarding material support and education of the minor, you should go to court, write a statement of claim and provide all the necessary documents.
Can I pay child support without a divorce?
How to apply for child support without a divorce? By law, any parent can do this if the second does not provide funds for the maintenance of a minor child. Legally, parental obligations of parents have nothing to do with the institution of divorce. Art. 80 of the IC of the Russian Federation states that the material support of the child is a direct responsibility of both parents, and it does not matter what kind of relationship they have.
If the spouse does not fulfill his obligations, the other half has the right to write a statement of claim to the court, including demanding payments in hard cash. Applying for child support without a divorce can be quite simple. It is necessary to draw up a claim for the recovery from the husband / wife of the necessary funds to provide for the child and attach all the required documents. The amount of payments will be set as a quarter of the income of the negligent parent.
What if the spouse refuses to pay child support?
Unfortunately, a situation often arises when a payer, in spite of a court order to recover child support, refuses to provide for a child - he changes his place of residence, place of work, and hides his income. In this case, he may be held administratively or criminally liable. The maximum penalty for avoiding child support is a 1-year imprisonment. Also, an unscrupulous payer will have to pay all the penalties for the days of delay.
Instead of a conclusion
So, in this article we examined not only how to file an alimony, but also how to draw up an agreement, what documents will be required when applying to the court, and how the procedure for issuing a court order differs from considering a lawsuit. Based on the foregoing, we conclude: each parent, regardless of his desire and material security, is required to support his minor child. The best solution is to compromise and sign the agreement on a voluntary basis.In the absence of mutual understanding, it will be necessary to file a claim for alimony. Your child should receive what is legally due to him!
