Today we have to find out which court to file for child support. Families with minor children are sure to get acquainted with this process, and parents decided to divorce. Maintenance issues are rarely resolved peacefully. Therefore, you have to communicate with each other in court. With some preparation, the process will not be a hassle. But what you need to know about him?
Who is eligible for child support?
First, let's figure out who may be assigned alimony payments.
Alimony is the name of funds paid at regular intervals (usually monthly) for the maintenance of a citizen. They can receive:
- spouses
- children;
- parents.
It is these categories of citizens who most often think about which court to file for child support. In the case of children, the applicant is one of the parents (with whom the minor lives). In other situations, either the potential recipients themselves or their representatives must file for child support.
Child support
Next will be discussed about all maintenance obligations in more detail. Let's start with the most common case - money allocated for the maintenance of children.
Alimony for minors can be paid both in marriage and without it. For illegitimate children first have to establish paternity. All minor children can apply for financial support. Adult citizens can rely on child support only in case of need and disability.
It should be noted that payments for the maintenance of children, like all other alimony, can be expressed:
- as a percentage of salary;
- in a fixed amount of money.
In the first case, the legislation establishes that it is not possible to charge less than
- 25% - for 1 child;
- 33% - for 2 minors;
- 50% for 3 or more children.
With fixed payments, the court will take into account the cost of living of the region and the real costs of the child. Material support in this case ends after the children reach the age of majority.
Spouses
Which court to file for child support? Before you find out, you need to understand who and under what circumstances has the right to material support. Spouses, most often women, can apply for child support.
Wives are entitled to alimony if:
- they are pregnant;
- they have children under 3 years old (common with the payer);
- the woman is in a state of disability or maternity leave;
- they care for a common minor disabled child;
- Caring for an adult disabled child from childhood (1 group);
- the presence of disability in wives (most often 1 or 2 groups);
- retirement age reached.
At the same time, child support can be filed both in marriage and without it. It should be borne in mind that after retirement should not pass more than 5 years. Otherwise, the right to alimony is lost.
In this matter, the criterion of need plays a huge role. Wealthy spouses cannot claim material support. We will have to prove to the court the fact of our needy situation.
Child support for parents
In Russia, more and more retirees are thinking about which court to file for alimony. The thing is that older people can demand material support from their adult and able-bodied children in court. But under certain circumstances.
For parents to be entitled to child support, the following criteria must be met:
- the need of parents;
- disabled position of ancestors, not allowing to work and provide for themselves;
- the presence of disability (1 or 2 groups).
This means that parents may not always require child support. If they do not need, then payments will not be assigned.
In addition, parental responsibilities will be taken into account. If the parents did not raise and did not support the child in childhood, then in the future they cannot demand financial support. But if, for example, the father after the divorce paid alimony (even in miserable amounts), he can qualify for funding from the children.
Courts usually distribute child support for parental support for all able-bodied children. Therefore, one should not think that the court will shoulder this responsibility only on one child.
Lack of work - a reason to cancel child support?
Which court to file for child support? The first step is to understand from whom you can claim money. Based on the foregoing, the conclusion follows that payers can be:
- parents;
- spouses
- children.
Does employment play a role in this matter? It all depends on the situation. For example, lack of work is not a reason for exemption from child support for children and parents. But the spouse can demand money from the husband / wife for his maintenance only if the other half has funds for this. Otherwise, as practice shows, it is almost impossible to obtain child support. There are exceptions, but they are not too common.
Judicial structure
Which court to file for child support? To answer this question, citizens should initially be familiar with the judicial structure of the Russian Federation. What kind of courts are there in Russia?
To date, among them are:
- district;
- world;
- regional;
- republican;
- regional;
- military.
Most often, citizens are faced with world, regional and district courts. Military judicial bodies deal exclusively with military matters. Therefore, they are in no way connected with child support.
Questions about child support
Which court to apply for child support? It is problematic to unequivocally answer this question. Indeed, such cases are considered by different courts of the Russian Federation.
Most often, child support disputes are resolved in magistrates' courts. They must be addressed with the corresponding statement of claim. How exactly to act will be described later.
With the division of property
To begin with, it remains to be seen in which court to file an application for alimony, if at the same time it is planned to divide property in the amount of more than 50 thousand rubles. Magistrates' courts do not consider such cases.
Instead, you need to submit an application in the established form to the district courts. You should contact the organization at the place of registration. The list of documents will be approximately the same as in the case of an appeal to the world judicial authority. The only difference is that the plaintiff must bring the paper to the property subject to division.
Forfeit
What if a child support penalty arises? Which court should I file in such circumstances?
Forfeit arises in late payments. This is a peculiar way of punishing a negligent payer of alimony and compensation for moral harm. Which court should be filed for alimony, or rather, to recover a fine?
This issue is being dealt with by the magistrates' court. He awards the penalty and forces the defendant to pay cash.
Procedure
Now it’s clear where to go if it is necessary to award alimony. It all depends on the specific situation. But, as already mentioned, most often such issues are resolved in magistrates' courts.
How to file a claim? To do this, you must act according to the instructions. It looks like this:
- Decide which court to apply to. As already mentioned, it all depends on the circumstances.
- Make a lawsuit. It describes in detail the situation, make calculations and indicate the amount of alimony. All their decisions must not only be justified, but also proved.
- Collect documents to file a claim. They will be described below.Be sure to prepare evidence of need and expenses for the recipient of alimony.
- Submit a lawsuit to the selected court. Attach to it a pre-prepared package of papers along with their copies.
- Wait for the court hearing and decision. Based on the materials presented, the court will make one or another conclusion.
You can file a lawsuit in person or through a representative. The trustee must have a power of attorney from the plaintiff. Without it, implementing an idea will not work.
Package of papers
Which court can I file for child support? In the world or district. Most often, justices of the peace deal with this issue. In any case, the application will not be accepted if the citizen does not prepare a predetermined package of papers. It depends on the specific situation. But most often the list of documents can be presented as a single list.
It is clear in which court to file a claim for alimony. The applicant must bring with him:
- passport;
- a lawsuit with a detailed description of the situation and cost calculations;
- certificate of registration;
- birth certificates of all children;
- certificates of family composition;
- documents confirming the income of the defendant and the plaintiff;
- medical reports (e.g., on disability);
- any documents confirming kinship with the defendant;
- marriage / divorce certificate (if any).
Usually this package of papers is enough. Sometimes there are difficulties in obtaining data about the defendant. For example, there is no data on his family composition or income. In this case, it is recommended to make a request to the court in order to obtain this information.
Resize child support
Life is unpredictable. Therefore, the judiciary considers different life circumstances and cases. Alimony assigned earlier may be increased or decreased in the future. For example, when changing life circumstances and material situation of the parties.
Which court to file for child support to reduce or increase them? In the world. The procedure is no different from the previously proposed algorithm. The difference lies in the fact that the plaintiff will have to confirm his decision with documentary evidence.
The following circumstances may serve as a reason for reducing / increasing / canceling child support:
- a sharp deterioration in the financial situation of the payer;
- a change in the marital status of the parties (for example, the ex-wife remarried);
- the appearance of the payer of new dependents;
- birth of children;
- increase in real expenses for the recipient of alimony;
- illness of one of the parties involved in the process;
- a sharp improvement in the material situation of the recipients of alimony.
In any case, the court must bring evidence of certain circumstances. Claims for alteration or cancellation of alimony can be filed by both recipients of financial support and payers.
Summary
Now it’s clear which court you need to file for child support. This process does not cause any difficulties. The main thing is to properly prepare for it and collect a sufficient amount of evidence of need.
According to the law, the concept of "need" is not regulated in any way. Therefore, it is impossible to say exactly when the plaintiff really needs financial support. This will be determined during the trial. Which court should be filed? Alimony is assigned by different judicial authorities!