Increasingly, citizens are interested in how to file an application with the court for child support. Who is eligible? Alimony obligations in Russia are not fulfilled in the best way. Especially if the parties initially agreed on them peacefully. Therefore, you have to act through the court. Further, everything will be told about how to file and file a statement of claim on the appointment of alimony. Who and when is entitled to it? At what point does child support begin?
Definition
First you have to understand what maintenance obligations are. They play an important role for all citizens.
Alimony refers to regular payments of money aimed at supporting certain people. Usually the recipients are relatives in need. Most often - minor children.
Recipients
Who can file a lawsuit for child support? Who is assigned the appropriate payments?
Today alimony can be claimed by:
- spouses
- children;
- parents.
In this case, spouses and parents must be recognized as needy. Otherwise, alimony will not be assigned to them. But minor children should receive finances for their maintenance, regardless of financial situation.
Claim courts
How to file an application for child support in court? To do this, you need to understand which specific judicial authority to apply to. Indeed, in Russia there are different types of them.
Alimony issues are considered by world courts. But there are exceptions. For example, if it is necessary, together with alimony, to divide joint property worth more than 50 thousand rubles. In this case, you will have to send an application for alimony to the district court.
It is necessary to contact the judges at the place of residence of one of the parents. Desirable defendant. But sometimes you can file a lawsuit at the place of residence of the plaintiff.
Alimony and marriage
A claim for the recovery of alimony can be filed not only with the divorce of parents, but also in marriage. Current Russian legislation allows you to demand money from a spouse for a child and wife without a divorce. In Russia, there really is such a practice.
A lawsuit for the recovery of alimony is permitted for minor children at any time and under any circumstances. But the spouse has the right to finance in the following cases:
- during pregnancy;
- until the child reaches 3 years;
- when caring for a common disabled child or an adult child of the 1st disability group;
- during disability subject to need.
An application for alimony without divorce is filed in the same way as in a divorce. The difference will only consist in the fact that instead of a certificate of divorce, it is necessary to attach a certificate of registration of marriage. In the rest, the process of consideration of the case is no different from the appointment of alimony after the dissolution of the marriage.
Composition of the claim
Quite an important point is the direct preparation of the document. What should an application for child support be contained in?
It is enough to observe a certain structure. The lawsuit must contain the following components:
- "cap";
- name;
- main part;
- claim for the collection of alimony from the defendant;
- list of documents attached to the application;
- date of filing and signature of the plaintiff.
In fact, making a lawsuit is not so difficult. The main thing is to describe the situation in detail and in detail, provide justification for the amount of alimony and confirm all this with documents.
Documents for child support
Now you need to study what documents are needed to apply for child support in a particular case. Their list depends on the situation. Let's start with the most common option - the recipient is a minor child.
To recover child support from the parent, the following papers will be required:
- certificate of marriage / divorce of parents;
- minor birth certificate;
- certificate of registration of the child;
- documents confirming the income of the defendant;
- certificate from the place of work of the defendant (preferably);
- a claim with a detailed justification for the recovery of alimony;
- duty paid receipt;
- certificate from the garden / school;
- other papers that may affect the course of the case (certificates of dependents, disability, and so on).
If paternity has not been proven, then before filing a claim for child support, it is imperative to prove that the plaintiff is the father of minors. Otherwise, you will either have to confirm the adoption, or not hope for payments.
Child support amount
Ready to file a lawsuit in court to recover child support? How much can you expect in a particular case?
The amount of alimony is usually assigned either as a percentage of salary or in hard cash. In the case of minors, the approximate amount of material support can be called. But the rest of the recipients cannot say with confidence how much child support they will be assigned.
In Russia, you need to pay for children:
- 25% of the salary - per 1 baby;
- 33% - for 2 minors;
- 50% for 3 or more children.
Also, when considering an application for alimony in court, the subsistence minimum in the region will be taken into account.
Documents for alimony for spouses
But this is not all the features that must be remembered. What documents are needed to apply for alimony for a spouse? The list of required securities, as already mentioned, is slightly different from the previously proposed list.
If you want to demand child support from your spouse, then you need to prepare:
- passport;
- Marriage certificate;
- health certificates;
- birth certificates of all children (if any);
- any evidence of need for a spouse;
- receipt of state duty paid;
- income statements of the defendant and the plaintiff.
You should pay attention to the fact that alimony for spouses is assigned only when the defendant has sufficient funds to finance the wife / husband. Otherwise, alimony will not work. But this rule does not apply to children and parents. Alimony obligations in such circumstances will be assigned, regardless of the defendant's financial situation.
Documents for parental support
A statement of claim to the court for the recovery of alimony in the case of assignment of payments to parents is submitted in the same way as in all previous cases. But it is important to consider that parents must meet certain criteria.
Namely:
- be incapable of work;
- have a disability;
- be recognized as needy.
When submitting a statement of claim, you will need:
- claimant's passport;
- pension certificate;
- birth certificate of all adult able-bodied children;
- certificates of family composition;
- medical certificate of disability;
- a check indicating payment of the state fee for filing a claim;
- any evidence of parental need.
After that, the request will be considered. The court will make a decision and issue the defendant a decision on the appointment of alimony.
Important: if parents did not fulfill their obligations regarding the maintenance of minor children, abused their position or were deprived of parental rights, then elderly people cannot demand money for maintenance.
You will also have to remember that child support will be distributed among all able-bodied children. You can refuse to receive finance from a specific child, but to your own expense.
Procedure
A sample application for child support will be submitted later. First you need to understand how to act in a particular case.
The step-by-step instructions are approximately as follows:
- Prepare a package of documents required for the purpose of alimony.
- Compose and write a lawsuit.
- Pay the state fee.
- File a lawsuit in a magistrate’s court.
- Take part in the hearing. At the end, a decision will be made. The plaintiff will be issued a writ of execution, on the basis of which the alimony is collected.
As a rule, there is nothing supernatural in the algorithm of actions. Difficulties may arise during the collection of documents for the claim. But the meeting itself most often occurs without features.
Cost
How much does it cost to file an application with a court for child support? The state duty in this case is paid by the plaintiff. It depends on the specific situation.
In 2017, the following rates must be taken into account:
- 150 rubles - for a claim for alimony;
- 300 rubles - an application for alimony for themselves and children;
- 400 rubles - child support + divorce.
Sometimes citizens are exempted from state duty for filing a lawsuit of the type under study. For example:
- if an application for a change in alimony is filed;
- when recovering funds for the treatment of a child;
- when debt on alimony is recovered.
Sample
The following is a sample petition for child support. This document is not exclusive. Each suit is an individually composed paper. It can’t be called template.
Nevertheless, this example will help to understand exactly how the lawsuit is written to recover funds for the maintenance of a needy relative. Forms of application for alimony to the court does not exist. The citizen himself must draw up this document and submit it to the necessary authority. Simply follow the previously proposed paper structure. The request is considered within 1 month.