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What documents are needed for child support? Sample Alimony Application

The collection of alimony for young children under domestic law can be carried out in two ways. The first option is an agreement between parents. However, it is not always possible to reach an agreement. In this case, you have to start a trial of child support. There is a specific procedure for filing a claim. Next, consider how you can get payments for children, as well as what documents are needed for child support. what documents are needed for alimony

Agreement

Parents themselves can establish the form and procedure for paying money for the maintenance of children. When making this kind of agreement, conflicts between mother and father are usually minimized. In addition, the contract can significantly reduce all sorts of costs that may be associated with litigation, and also saves nerves and time. The agreement acts as a voluntary and mutually beneficial solution. It is based on a modern and civilized approach to the issue of keeping children. The law does not establish a list defining mandatory documents for alimony without a divorce. The agreement may be concluded both after the termination, and during the marriage.

Design Features

The agreement must be in writing. The agreement must be certified by a notary. If this procedure is not carried out, the contract is not valid. child support court

Payout amount

The amount in the agreement may be set at the discretion of the parents. However, the law sets boundaries below which child support amount it can not be. So, at least 1/4 is put on one child, 1/3 on 2, at least half of the payer's income on 3 and more. Payments can be calculated in shares of earnings, in a fixed amount deducted periodically (twice a year, every month, quarter) or at a time. Also, alimony may be the provision of property (car, housing, securities, land). The agreement also allows the inclusion of other ways of providing children within the framework of the law.

Payment Procedure

Alimony can be deducted personally by the payer, through third parties (grandfathers, grandmothers and other relatives). Payments are also made by postal order to the address indicated in the agreement, by transfer to an account with a bank or credit institution. file alimony documents

Termination or amendment

These procedures can be carried out at any time by mutual agreement of the parties. Termination or modification is made in the same form as the conclusion of the contract. A separate document is written in writing and certified by a notary. It is not allowed to refuse to fulfill the obligations established by the agreement or to amend the terms unilaterally.

Sample Alimony Application

You can use the second option if there is no agreement. A sample application for alimony provides a number of mandatory points. In particular, the claim must contain:

  1. The name of the authority in which the dispute will be considered.
  2. FULL NAME. and the address of the plaintiff and defendant.
  3. The circumstances on which the applicant bases his claims. This paragraph sets out the events. It is more expedient to indicate them in chronological order. It is best to start from the date of marriage and the birth of the child (ren). Then briefly describe the situation at the time of filing the request. Here you can write that the defendant is not involved in the maintenance of the children (child), indicate the date when the payment was received for the last time (if there was one). documents for alimony

At the end of the appeal is a list of attached papers confirming the circumstances given in the content, a number and signature are put. The claim, as well as the documents for submission for alimony, must be in triplicate. One goes to court, the second to the defendant, and the third remains with the plaintiff.

Where to send the requirement?

The collection of alimony can be carried out at the location of both the defendant and the plaintiff. If, together with the claim, a claim is made to challenge or establish maternity (paternity), deprivation of the rights of the parent, adoption, the dispute will be considered in the city instance. All other cases are dealt with by justices of the peace.

Circulation period

A person who is entitled to receive payments for a child can send a claim regardless of the period that has elapsed since its occurrence. The award of alimony is carried out from the moment the application is submitted. In some cases, an obligation to pay funds for previous periods may be imposed, but within the three years preceding the appeal.

For example, if the claim was sent on August 1, 2014, then you can recover from August 1, 2011. Such a petition can be granted provided that until the time of the appeal the person did not receive payments from the defendant, and the plaintiff took measures to receive them, but they did not lead to anything, since the first evaded obligations. For example, actions of this kind include sending messages to the payer about the need to participate in the maintenance of minors. This is done by sending letters with a list or telegrams. Otherwise, during the trial it will be impossible to prove the fact of taking measures. It should be noted that 3 years is considered by law the maximum period for recovery. collection of alimony

Claim payable amount

Before submitting documents for child support, you should decide on the form of payments. This can be a deduction of a share of income (the limits in accordance with the number of children are indicated above) or in a solid amount. Payment is made every month, regardless of form. If the defendant has unstable, changing, irregular earnings or receives income partially or completely in foreign currency or in kind, or does not have it at all, as well as in other cases provided for by law, if the recovery in terms of equity is difficult, impossible or violates the interest of one party, the amount of alimony can be fixed in a solid amount or simultaneously in two forms. Deductions should also be made monthly. The amount of the fixed amount is determined taking into account the maximum preservation by minors of their previous level of security in accordance with family and material status and other circumstances that deserve attention. These include, for example, the case when a parent hides his income, avoiding participation in the maintenance of children, while possessing substantial property. In such a situation, the amount of the fixed amount may be established in accordance with the value of the property owned by the defendant. sample support application

What documents are needed for child support?

First of all, it should be said about those papers that should be attached to the claim. Among them must be mandatory:

  • Birth certificate of a minor.
  • Certificate from the place of residence on finding children dependent on one of the parents.

Speaking about what documents are needed for child support, it is also necessary to mention papers that confirm the fact of one party’s evading participation in the maintenance of children. This may be a receipt for sending letters or telegrams, an agreement to terminate the agreement. It would be nice to enclose the testimonies of neighbors or other witnesses in writing.

Payments Before Final Decision

The court may issue a ruling according to which the defendant will be obliged to deduct child support before the proceedings are completed. Such a need arises in cases where the consideration of the dispute is delayed. To exercise this right at a meeting, it is enough to file a motion. Amounts paid during the period of temporary collection by the defendant are not refundable. In the event that, according to the final decision, an amount greater than that established by the preliminary determination is charged, the difference must be paid by the defendant in full. documents for alimony without a divorce [

Executive production

The trial ends with the issuance of an order or decision. Both acts are enforceable immediately, although they can be challenged within 10 days. The implementation of the requirements established in the order or decision is carried out by bailiffs. Some citizens are interested in what documents are needed for alimony when applying to the MTP. To initiate forced enforcement proceedings, one of the following papers must be submitted to the bailiff service:

  • Agreement.
  • A writ of execution (it is issued upon decision-making in the case).
  • The court order.

Papers are presented before children reach adulthood. If they are 18 years old, documents for alimony can be filed if the defendant has a debt.


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