We decided to apply for child support, but do not know how to do it correctly? What documents are needed and how to arrange them? We will help you understand the intricacies of divorce proceedings
No matter how strong and happy the family is, sheIs not insured because it can later disintegrate, and the mother with the child or children in her arms will be left alone. It is very difficult for any mother to raise and maintain a child in our time, and if there are several of them, then the task of keeping and educating becomes simply unreal.
It's great when the father, no longer living in the family,Continues to help, but this happens, unfortunately, very rarely. Then the single mother can only rely on legislation, which offers the penalty for the father of children (the child). How to file for alimony?
The sizes and ways of collecting the alimony
The law establishes that they are paid to children by the time they reach adulthood. As a rule, they can have the following forms:
- Monetary form - when the parent does not have a permanent income, also if he is unstable or transfers money in foreign currency;
- Fixed percentage of his income - If there is a constant income of the parent, the child is entitled to a quarter, two children - one third, and three or more - half the income of one of the parents.
There are two ways to collect alimony:
1. Voluntary payment
When the parents agreed peacefully and one of themAgrees to pay alimony, an agreement is concluded that is written by a notary in a certain form and is also certified in the manner prescribed by law. This order and methods of payment are prescribed only in the presence of both parties.
Of course, the size can not be less than that,Which would have been determined by the courts. If one of the parties wishes to make some changes in the agreement over time, all the related procedures are also notarized. Dissolve an existing agreement can only be through the court.
2. The judicial payment
The most common way. A parent with whom the child lives can serve in court. The parent writes a statement of claim to the judge or sends it by mail, and pays a state fee for his consideration and awaits a court decision.
From the moment the judgment enters into force, the parent receives the writ of execution and delivers it to the bailiff service, who follow the order of payment of alimony to the defendant.
Instances where documents for alimony are submitted:
- District court - where paternity is most often challenged and determined, genetic examination is carried out;
- magistrate's Court - a simplified procedure is carried out, where an application for issuing a court order is written, the presence of both parties is not required, with unidentified paternity;
- Bailiffs Service - write an application for recovery, but do not know the place of work of the defendant.
Alimony without divorce (in marriage), divorce and cohabitation
Consider the most common situations leading to the issue of payment of alimony.
How to file for alimony without divorce? Such parents who do not give their offspring money and live in a legitimate marriage, for today, a lot.
What can be done in this case? First, to get alimony, you need to try to agree on a voluntary basis, if it did not work out - then, most likely, you will have to go to court, and even file for divorce.
On the procedure for collecting alimony - see above.
The procedure is no different from the procedure when the parties are married (without a divorce). The only thing that after the divorce, except for the baby, alimony can still get one of the spouses.
Persons holding this right:
- A former pregnant wife who became pregnant while still in a marriage;
- One of the spouses who brought up a common child during the first three years;
- One of the spouses, who courted until the age of majority for a general disabled child of the 1st group;
- One of the disabled spouses who became one during marriage or a year after the divorce;
- One of the spouses, of the retirement age or became an invalid 1, 2, 3 groups after a divorce for 5 years or married life for more than 10 years.
In cohabitation (civil marriage)
All children who are born in cohabitation haveThe same rights as those born in a lawful marriage, but only if they are recognized and have a statutory father. In the event that the father disputes his paternity or is not established, an expensive forensic genetic examination is carried out.
What documents need to file for alimony?
If the father refuses to pay alimonyVoluntarily, in order to collect them from him, you need to file a statement of claim in court. But for this it is necessary to know exactly how to make it correctly, and what documents are needed for this. The length of the trial will depend on how correctly you drafted the statement.
For filing a statement of claim in the court it is necessary to indicate:
- The name of the court to which the application is submitted;
- The name of the plaintiff, the defendant and the name of the plaintiff's representative (if filed by the representative);
- Data on the residence of the parties, telephone numbers (if any), postal code;
- Claims and their justification;
- The indication of evidence and references to them;
- List of documents attached to the application;
- The amount of penalties for the claim (in the claim).
List of adjacent documents:
- A copy of the marriage certificate;
- A copy of the certificate of divorce;
- A copy of the birth certificates of common children;
- A copy of the passport of the plaintiff with a residence permit and a note on the registration of marriage;
- A copy of the defendant's passport;
- Certificate of income of the parties;
- Certificate of residence of the defendant.
These are the basic documents, but sometimesIt will take some more information about the child to whom alimony will be paid, such as the place of study, health, disability (if any), the mother's income and the place of her work.
The statement of claim and documents are submitted to the district court at the place of residence of the father (defendant).
There are cases when the plaintiff's mother has no information on the respondent's income and certificates, which confirm them, then the application indicates his place of work.
Filing of a claim for alimony through the Internet
There is a possibility of filing a claim through the Internet, which will save your time and money, after you register on the e-government portal, receiving an electronic digital signature.
To apply, visit the siteSupreme Court, to the "Electronic Services" section and fill out the application. In this form, choose the district court, where you want to file it, indicate its essence, the category of the case, the amount of the state fee. And in the end, after filling out, sign your electronic-digital signature (EDS).
This claim, filed in electronic form, will beBe tried by a court. And in five working days you will receive a notice of acceptance or refusal of your application, in your "personal cabinet". If the decision is positive, then you get the civil case number assigned to you, and in case of refusal - notification of the reason for the refusal.
The correctness of the filing of documents speeds up the proceedings, so you need to take this very seriously and carefully.