How to write a correct application to file alimony. Application for alimony sample. The cost of related services for court proceedings as part of the preparation of a statement of claim for the recovery of alimony

Separated parents are both interested in ensuring that their children are properly provided for, well-groomed, and understand that the issue of providing for offspring will still have to be resolved, but they do not always find mutual language. Ideally, when people who have lived in marriage have not lost respect for each other and were able to solve the problem of paying alimony in a peaceful way.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Former spouses who did not come to a common denominator for a decision on the material support of children living with one of their parents.

How to write a claim for child support?

This form will only need to be filled out.

Claim for the payment of alimony in a fixed amount of money

In what cases is it written?

A specific amount, the so-called fixed amount, can be discussed if the alimony clerk does not work officially, or has a non-permanent employment, or receives a salary with some natural objects, things. Since alimony is paid until the offspring reaches the age of 18, you should take the calculation of the amount of funds collected very seriously.

Knowing that the ex-spouse earns well, only unofficially, one should calculate how much the husband would pay alimony for the maintenance of the child, if his income were “white”. Exactly 1/4 for 1 child or 1/3 for two children, expressed in a specific amount, and should be specified in the statement of claim, asking for the recovery of alimony in a fixed amount of money.

Thus, if the spouse who is obliged to pay alimony in shares of wages did not work, then the specified amount of alimony will be determined based on the size of the average wages In Russian federation.

In the statement of claim, indicating the amount of alimony, you need to be sure that you can prove that this is how much money is needed to maintain the standard of living familiar to the child, and confirm with checks, receipts, which should be an attachment to the claim.

You should be aware and be prepared for the fact that the court is particularly attentive to such claims, and decisions are made for a long time, as checks and clarifications are underway.

Sample claim to file

Application form in a fixed amount: Download

It should not be assumed that the court will formally treat the issue of alimony - no, the defendant's arguments will be heard if questions or objections arise from his side. The court will also establish whether there are any circumstances that will affect the standard of living of the alimony payer in a sharply negative way - whether there are dependents, disabled parents, a pregnant spouse, a baby just born in a new family, etc.

It happens that a business is opened in the name of a child that brings a good income, then the issue of collecting funds can be considered from a different angle.

Since ensuring a decent standard of living for children is a serious matter (moreover, the outcome of the court will decide the fate of the amount of alimony, sometimes long time, until reaching adulthood), it is worth Consider getting help from a qualified lawyer.

The obligation to support their minor children is assigned to parents by the family legislation of the Russian Federation (Article 80 of the RF IC). If the parents agree among themselves on the method and amount of payment of funds for the maintenance of children (alimony), an agreement is concluded between them. If a parent does not pay child support, they can be collected by going to court.

What determines the amount of child support payments?

The amount of child support a parent owes can be determined in different ways. It can be either a certain share of the parent's income or a specific amount of money.

If the parent has a regular income, child support is collected as follows:

1/4 of the parent's income if there is 1 child;
1/3 of the parent's income if there are 2 children;
1/2 of the parent's income if there are 3 or more children.

Such amounts of alimony payments are established by law and are mandatory. But it should be remembered that the size of payments can be changed up or down - everything is very individual.

This procedure for collecting alimony is not the only one. If the parent does not have a permanent income, or income is available, but irregular, or he receives funds due to him in another currency (this includes earnings in kind), the amount of alimony is set in a specific (fixed) amount of money.

When can you claim child support?

There is a certain procedure for collecting alimony: a court order or a court decision can be issued.

A court decision is the result of filing a claim for the recovery of alimony if one of the parents evades payment or does not pay them at all.

A claim for alimony is filed in the following cases:

in addition to collecting alimony, paternity must be established;
children live with each parent;
a legal dispute has arisen that can only be resolved by judicial order;
the defendant does not agree with the alimony requirements;
in addition to the demand for alimony, a claim was filed for the termination of marital relations or deprivation parental rights;
raises the question of reducing or increasing the maintenance amount;
maintenance requirements are presented to the adopter, subject to the cancellation of the adoption;
there is a need to pay alimony to an adult disabled child (or children);
alimony is subject to collection not as a share of earnings, but in a fixed amount (if this issue cannot be resolved through a court order);
in the event of exceptional circumstances that require additional costs;
it is required to change, terminate or invalidate the previously reached agreement on maintenance payments.

Let's move on to action

If you decide to collect child support, you must do the following:

competently draw up a statement of claim;
do not forget about the state fee (100 or 200 rubles, if you decide to collect alimony for your maintenance);
at the place of residence of the defendant to file a claim for alimony in the Magistrate's Court.

Remember that the deadline limitation period no for alimony (Article 107 of the RF IC). A statement of claim demanding the recovery of alimony can be filed at any time, even if the child has reached the age of majority.

website/obrazetc_zajavlenija/alimenty/iskovoe-zayavlenie-na-alimenty.html

06/06/2019 - Olesya Blinova

Hello, there is a mistake in the court order, we need an application form to change it

02/14/2019 - Nikita Chernonog

I want to file for alimony for my son, he is in places not so remote.

The answer to the question is given by phone.

11/13/2018 - Anastasia Yakovaleva

hello. Can the judge find out when filing for child support that my ex-husband and I have a natural support agreement

09/30/2018 - Ivan Pilipeyko

I need to competently draw up my claims for the court under article 115, part two of the family code. I will speak on my own, without a lawyer. What is the best way to do this?

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09/22/2018 - Viktor Yadovin

hello, I would like to collect alimony from a person who is not my husband, but the father of my child

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08/08/2018 - Petr Dokuchaev

I want to sue for child support. I don't work, I'm on maternity leave. I am not officially married. Can I file a claim for maintenance while I am on parental leave?

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07/11/2018 - Nikolay Vedikhov

Hello, my husband and I have three children. When alimony is collected from him, they withhold 1/2 of his earnings. If I apply for my maintenance, will they withhold more than 50%.

06/14/2018 - Nadezhda Shestakova

Good morning! I need to file a claim for child support. I am married and have a child. My husband has three children from his first marriage. Need a sample application.

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04/16/2018 - Elena Belova

The topic of my question is: Family law (Division of property, divorce, alimony) right now.

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02/26/2018 - Daria Koroleva

Hello! I am a citizen of Kazakhstan, my husband is a citizen of Russia, my marriage is registered in Russia, I currently live with my parents in Kazakhstan and I am filing for divorce. How can I apply for child support?

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12/09/2017 - Nadezhda Morozova

Hello, I wanted to apply for alimony and the problem is that it does not work, and what decision will the court make?

24.10.2017 - Nikolay Marenkov

My son is 19 years old. After a technical school, he continues his studies at a university. His father stopped paying alimony a year ago. thanks for the answer.

08.10.2017 - Veronika Sidorova

how to make an application

08/24/2017 - Antonina Aleksandrova

The father of my children does not pay alimony, I went to the people's court, they said find where he works, bring a certificate, but he does not work, I don’t know what to do

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08/24/2017 - Mikhail Kryazhev

The father of my children does not pay alimony, I went to the people's court, they said find where he works, bring a certificate, but he does not work, I don’t know what to do: 17:00 - 19:00

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08/23/2017 - Ivan Bokov

Good day, I want to file for alimony for my ex-husband, how to properly pay: 15:00 - 17:00

08/10/2017 - Stepan Selyuk

Hello. how to correctly formulate the reason for applying for alimony, if the father of the child pays the agreed amount every month, but I plan to move to another city and I want to have a writ of execution in my hands and I could, in case of violation of the agreement, apply for compulsory collection?

07/27/2017 - Veronika Solovaeva

Good afternoon How to fill out an application for divorce and recovery of alimony for a child and a mother

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07/18/2017 - Yaroslav Brainovich

How to apply for child support

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07/12/2017 - Irina Kuznetsova

I want to file for alimony. but with my husband married to us, he does not live since when can alimony be filed

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06/19/2017 - Yuri Moskvitin

I need to file a claim for child support.

06/08/2017 - Kristina Medvedeva

Hello, I want to apply for child support. I have two children and I myself am still on maternity leave, and not knowing how to write this application correctly.

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06/03/2017 - Evdokia Bogdanova

I lived in a civil marriage, now I want to apply for alimony, how to write an application correctly

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05/29/2017 - Lidia Bolshakova

Should I wait for your call?

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05/29/2017 - Ilya Mikulin

Hello! Tell me, I need a lawyer in Miass to competently draw up a claim for alimony

05/29/2017 - Oleg Skorokhodov

Good afternoon. Please tell me, is alimony collected only from the moment of filing an application with the court or can it be collected from the moment of divorce?

05/23/2017 - Alena Gerasimova

Hello, I want to file for alimony from the father of the child - a citizen of Ukraine. Will he be taken to court?

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05/20/2017 - Lilia Putina

Good afternoon. I have a question about alimony. my wife and I are divorced, when I left, we agreed that I would pay alimony in good conscience, according to the law, but without applying for alimony. Payments were made monthly. Now the former filed for alimony, indicating in the application that I do not provide financial assistance. the question is whether I have the right to demand confirmation from my ex-wife that the money was spent on her children, and not just anywhere?

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05/18/2017 - Natalia Maksimova

a statement of claim for alimony can be filed at the place of residence of the plaintiff .. because a minor child

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03/30/2017 - Alena Petrova

how to file for child support?

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03/28/2017 - Timur Kosciuszko

Hello! Can I apply for child support? counterclaim for alimony

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03/25/2017 - Nikolay Salamatov

daughter 20 years old with her father divorced from 4 years old did not file for alimony, can I apply now if the child was adopted from 10 years old by her second husband. The daughter receives higher education on a budget basis

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03/01/2017 - Valentin Kiryushkin

I have been divorced from my husband for more than 3 years, I don’t know where he is, I want to deprive him of paternity without filing for alimony. I don't know where the child's father is. was somewhere on the run when he did mean things to me. I want to get benefits from the state, not from this person

02/26/2017 - Valeria Nikitina

Good afternoon Please tell me how easier (minimizing costs) to arrange a donation of your share in an apartment received in marriage to a minor son. The wife is not against such a step. The fact is that ex-wife will try to "climb" into this share, since a minor daughter remained from her first marriage. She has already taken such a step towards her ex-husband... Thank you in advance. .

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02/24/2017 - Margarita Ryabova

how do i apply for the elements if the husband is not working children 14 13 11 and 2 years married what to count on

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09.02.2017 - Konstantin Kopyl

I am a guardian, I need to sue my mother who evades child support How to write applications correctly. To the Pospelikha court

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02/03/2017 - Valentina Nikitina

Hello! With my ex-husband we have 2 minor children, he is not officially employed, how to indicate a share or some amount in a statement of claim?

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02/02/2017 - Vladislav Popikov

The answer to the question is given by phone.

02.02.2017 - Alexey Lavrin

I need a sample application for the recovery of child support for minors

01/29/2017 - Maxim Vypovsky

Hello! The child will turn 18 in May, he is studying at the institute on a full-time and budget basis. After the age of 18, he studies for another 2 years. Can I extend child support? If so, what do you need to do and where to file a claim? Thanks in advance for your help.

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01/24/2017 - Oleg Ovdeenko

one girl is collecting elements from me through the court. what should we do with my wife if we have two minor children? how to reduce alimony so that the income remains in the family?

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01/24/2017 - Olga Koroleva

Hello, I need a correct application for alimony for the father of the child who is not married

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12/18/2016 - Natalia Timofeeva

filing a claim for child support

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11/18/2016 - Daria Panina

Hello. Please tell me how much alimony is due to me if the defendant has a daughter from his first marriage who lives with him without a mother?

11/16/2016 - Elizaveta Timofeeva

How to apply for a financial allowance for parents of retirement age?

11/15/2016 - Marina Makarova

Hello, I need a sample statement of claim for alimony for a minor child, we lived in a civil marriage

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11/13/2016 - Alexandra Egorova

Hello. I have been breeding since December 2011. Didn't apply for alimony. The accounting department listed the alimony from the father from September 2012 to October 2016. Since November, the father stopped paying alimony. I'm going to sue child support. All registered at the same address. But from 01/25/2013. filming with my daughter

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11/10/2016 - Kirill Glinsky

hello please tell me what to do my husband refuses to pay alimony, the bailiffs do not want to work

10/31/2016 - Antonina Vasilyeva

Hello. I am filing for divorce and alimony without division of property. Can this be done in one application?

03.10.2016 - Ekaterina Gerasimova

How much does it cost to file a claim for alimony?

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09/30/2016 - Fyodor Moroz

Hello! Tell me please. what can be the amount of alimony if the child is officially alone and the defendant does not work officially?

09/29/2016 - Evdokia Kuznetsova

Hello, I need an example of a statement that I do not agree with the court decision on the recovery of alimony from an adult son for the maintenance of a pension parent, 3 months have passed, we want to re-give I am the plaintiff. and so that the judge herself raised the documents on his income, with tax and insurance premiums, the defendant is the gene. director of a large company

09/29/2016 - Dmitry Makukh

hello, I want to apply for alimony, the child is not an adult, but his father and I were not married, paternity has been established, please tell me where to get a sample application on this issue.

09/08/2016 - Natalya Andreeva

Hello! How long will the application for alimony be considered?

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07/04/2016 - Evgeny Geshin

good) how to write an application for alimony? if for two I already get ..... I want to apply for a third

06/29/2016 - Andrey Nurgaliev

Tell me please! I paid alimony for one child 25% of earnings, for the second child from my second marriage I pay 16.5%. I paid for my first child 6 years ago. Can the other ex-spouse apply for an increase in child support after 6 years? Thank you...

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06/21/2016 - Zinaida Alekseeva

HOW CAN YOU REFUSE ALIMONY OR WHAT YOU CAN DO

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06/15/2016 - Grigory Bukryabov

Good afternoon. When filing a claim for alimony, you must attach a certificate of residence. the child will be registered with the father and lives with me

06/13/2016 - Galina Titova

Hello. at what address a claim for the recovery of alimony is filed. children?? at the registration of the plaintiff with children or the defendant? Thank you.

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06/01/2016 - Victoria Filippova

Good afternoon. We have a second marriage. Married two children 2.5 years and 4 months. The husband paid child support from his first marriage in the amount of 20,000 according to a notarized settlement agreement, there are three minor children.

05/11/2016 - Irina Ivanova

we are not married, we had a daughter, he also has a daughter and he pays alimony for her, how to write an application for alimony for me and my daughter

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04/22/2016 - Eduard Falugin

Hello! Can you please tell me how to apply for child support?

The answer to the question is given by phone.

04/21/2016 - Petr Trigorlov

Hello! How much does it cost to file a claim for child support?

The answer to the question is given by phone.

04/12/2016 - Bogdan Novgorodsky

Hello! I am looking for a sample statement of claim for the assignment of alimony to a disabled mother to a pensioner from an adult able-bodied son

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04/11/2016 - Vladislav Balyasov

Hello, is there a sample application for the recovery of alimony on the site?

03/28/2016 - Vyacheslav Likhar

Is it possible to apply for items without a certificate of residence

03/21/2016 - Fedor Yurevich

Hello! I want to collect child support from my daughter's father. How to do it and how much it will cost.

03/16/2016 - Grigory Krasulin

Hello! Can I apply for alimony for my husband? if we are married? We have three minor children, my husband has an irregular income.

The answer to the question is given by phone.

03/02/2016 - Maria Putina

Tell Daria. What can be the reason for deprivation of parental rights. If a spouse does not pay alimony for a long time, can this be the reason for deprivation of parental rights?

The answer to the question is given by phone.

03/01/2016 - Ruslan Gubarikhin

how to file for alimony if the marriage is not registered, for February of this year he took a receipt from me that he paid alimony.

The answer to the question is given by phone.

03/01/2016 - Evgenia Veselova

My ex-husband a pensioner, a small pension, when we got divorced, I did not apply for alimony, as he threatened me with litigation regarding the deprivation of my parental rights and that he would take my child from me. I was emotionally depressed, (because the divorce dragged on, divorced in the Federal

02/29/2016 - Vladislav Tulikov

hello, we are not married, the child is registered with the father and pays alimony to another family, but there is a debt, I also want to, can I ask for allements in a specific amount

02/14/2016 - Antonina kovaleva

Good afternoon, I need to correctly draw up an application for alimony, but we were not married. Paternity has been established.

01/24/2016 - Alla Krylova

hello, I have 1 child, I can apply for alimony and indicate not 1/25 of income, but that he would pay the minimum wage for a child, because. it's officially out of business

Italics are auxiliary information and should be removed.

Justice of the Peace
court district No. _______ of Moscow
_________________

Claimant:
__________________________
residing at:
__________________________________

Respondent:
______________________________,
residing at:
_______________________________

STATEMENT OF CLAIM
on the recovery of alimony for a minor child, wife until the child reaches 3 years

"__" ___________, I married ____________________, hereinafter referred to as the "Respondent", and lived with him until ____________________ (indicate the month, year until which they lived together; if the marriage has already been dissolved, then indicate the date of termination).

From marriage we have a child (children) __________ ( name, date, month, year of birth).

The child (children) is dependent on me, lives with me, the Respondent does not provide financial assistance for his (their) maintenance.
The defendant does not have another child (children), no deductions are made from him under executive documents.

I have repeatedly taken measures to obtain funds for maintenance, namely: I called the Respondent, demanded payment of maintenance ( OR sent telegrams, emails, OR personally spoke in front of witnesses, etc.), which is confirmed by witnesses, written evidence, but the Respondent evaded paying these alimony.

The defendant has irregular, fluctuating earnings ( OR he has no earnings, OR receives earnings in whole or in part in kind or in foreign currency, OR indicate another reason why the recovery of alimony in proportion to the Respondent's earnings is impossible, difficult, or materially violates the interests of the Claimant).

In accordance with paragraph 1 of Art. 83 of the Family Code of the Russian Federation if the parent who is obliged to pay alimony has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, simultaneously in shares in accordance with Article 81 of the RF IC and in a fixed amount of money.

In accordance with paragraph 2 of Art. 107 of the RF IC, alimony for the past period can be recovered within a three-year period from the date of applying to the court, if the court establishes that before applying to the court measures were taken to obtain funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony, from their payment.

In accordance with Art. 89, 90 of the RF IC, the right to demand the provision of alimony in court from a spouse, including the former, has a wife, including the former, during pregnancy and within three years from the date of birth of a common child.
Based on the foregoing and in accordance with Article.Article. 80, 81, 83, 89, 90, 107 of the Family Code of the Russian Federation I ask the world court:

1. Collect from ______________ (Name of the Respondent) in favor ____________ (name of Claimant) alimony for maintenance _______________ (full name of the child), ___________ year of birth, simultaneously in shares in accordance with Article 81 of the Family Code of the Russian Federation and in a fixed amount of money in the following amount one half of the subsistence minimum per child in ________ (indicate your subject of the Russian Federation), but not less than 25% of earnings and (or) other income Full name up to the age of full name.

2. Collect from ______________ (Name of the Respondent) in favor ____________ (name of Claimant) alimony for maintenance ____________ (name of Claimant) in the amount of one subsistence minimum per capita in ________ (indicate your subject of the Russian Federation) up to __________ year (the term is three years from the date of birth of the child).

Applications (originals will be presented during the court session):

1. Copy of the statement of claim.
2. A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4. A copy of the certificate from the place of work of the person obliged to pay alimony, on the amount of salary and deductions (if any).
5. A copy of the certificate of the housing authorities on the fact that the child (children) is dependent on the applicant or living with the applicant.
6. Evidence of the Respondent's lack of earnings (receipt in foreign currency)
7. Evidence of an appeal to the Respondent with a demand for the payment of alimony

Petitioner's Signature ____________________ Date

Alimony is often formalized by a voluntary agreement between parents. If you agree on the recovery of child support, it will be enforced. The law provides for two ways to receive financial support:

by court order;
By the tribunal's decision.

Order or decision

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

For clearance court order An application for the recovery of alimony is submitted to the Magistrate's Court when:

There is no paternity dispute.
There is no need to hear third parties.
Recovery is a percentage of income.

Advantages of obtaining a court order in comparison with a lawsuit:

consideration period 5 days;
there is no need to attend court sessions;
immediately sent for execution.

If it is not possible to receive an order, it is prepared statement of claim for the recovery of alimony. You also need to file a lawsuit if the defendant contested the court order. The respondent has 10 days to do so.

Sample application for issuance of a court order for the recovery of alimony

Drafting

The application contains blocks:

the name of the court where it is being filed;
details of the parties;
the essence of the appeal;
justification for the request;
Attached documents;
date and signature of the applicant.

Required Applications:

copies of the certificate of registration and divorce;
a copy of the birth certificate;
justification of the defendant's income;
proof of residence of the minor with the plaintiff.

Below you can download the application form for the issuance of a court order for the recovery of alimony.

How to apply?

The sample application for the recovery of alimony, offered on the site, will give a basic understanding of what needs to be indicated. In each individual case, adjustments are possible, depending on the family situation and the financial condition of the parties.

An application for the recovery of child support is submitted to the court on the basis of territorial affiliation. It is legally allowed to file papers in court at the place of residence of the plaintiff, but in general, at the place of residence of the defendant.

Why the application may not be accepted

Application will not be accepted if:

standards of jurisdiction are violated;
has not been implemented pre-trial settlement spore;
the appeal is incorrectly executed, there is no data or the signature of the applicant;
the applicant is incompetent;
the case is already in court;
request to withdraw the application.

Carefully study the sample for the recovery of alimony before drawing up your document. This will reduce your risk of being rejected.

Sample statement of claim for the recovery of alimony for a child (children)

As indicated, if it is necessary to recover child support in a fixed amount of money, or if there is a dispute about paternity, then you need to prepare a statement of claim. Below you can download a sample application for the recovery of alimony.

The body of the claim contains information about the essence of the dispute, the petition is substantiated, the details of the court and the parties to the case are indicated. It is assumed that the statement of claim for the recovery of alimony for a child contains a petition for the involvement of witnesses, a request for information necessary for the court. But it is not forbidden to make such petitions after.

A claim for the recovery of alimony is filed from birth to the age of majority of the child. In addition, it is allowed to request alimony payments for the past months (maximum for three years).

Refusal or return of the claim

The first hearing in the case is scheduled after 5 days. At the first hearing, the court decides whether to accept the claim or refuse the plaintiff. Refusal is possible for several reasons:

Lawyer of the Board of Legal Protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.

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Samples of statements of claim for the recovery of alimony

ATTENTION! View a completed sample child support claim form:

You can DOWNLOAD samples of statements of claim to the court for the recovery of alimony from the links below:

How to properly file a lawsuit

In order to file a claim with the court, a written form must be observed. The Civil Procedure Code of the Russian Federation establishes a list of mandatory elements of an application for filing a lawsuit in court.

Let's consider what it is required elements must be specified when filing a claim with the court for the recovery of alimony:

Court. Recovery of alimony is the jurisdiction of the justice of the peace. To properly file a claim, you need to find out the number of the site or the full name of the justice of the peace. Civil cases on the recovery of alimony are considered both at the place of residence of the plaintiff and at the place of residence of the defendant. It is up to the plaintiff to decide which court to apply to. You can find out which justice of the peace will consider your statement of claim on the website of justices of the peace, for this you need to go to the section of territorial jurisdiction.
Data of the applicant (plaintiff): surname, name, patronymic, his place of residence. If the statement of claim is submitted by a representative, then his last name, first name, patronymic and address of residence;
Respondent's data: surname, name, patronymic, his place of residence;
The essence of the requirements, what the plaintiff requires from the defendant;
Substantiation of claims and supporting evidence;
List of documents attached to the claim.

Additionally, the statement of claim can include e-mail, telephones, faxes or other information about the defendant and the plaintiff, which will be useful for the consideration of this civil case. The petitions of the plaintiff or his representative may also be indicated in the statement of claim or filed as an independent document.

Important! The signature on the statement of claim is put by the plaintiff or his representative (if there is a power of attorney for this). The power of attorney to sign the claim and submit it to the court must be notarized. Without a power of attorney, a representative can only be a citizen in the presence of a lawyer's warrant.

Additional documents

To file a claim for the recovery of alimony, it is necessary to prepare a mandatory list of documents.

This list includes the following documents:

Photocopies of the claim with the application. The number of copies is determined by the number of parties to the claim, the court, the defendant and third parties;
If a representative is present in the case, then his power of attorney or attorney's order, which confirms the authority of this person.
Copies of birth or marriage (dissolution) certificates, as well as other documents confirming the circumstances specified in the claim.

Debt collection period

Statements of claim are submitted not only for the period of time following the filing of the statement of claim, but also for the previous periods. Amounts in the form of alimony can be collected for the last 36 months, until the filing of a claim.

You can recover child support for the last 36 months only if the plaintiff tried to collect money for the maintenance of the child, but the defendant avoided paying them. But why the plaintiff has not already applied to the court for recovery by force does not matter.

In this case, the main evidence is evidence of independent attempts to collect alimony for the maintenance of a minor child and, accordingly, the defendant evaded paying them. Personal correspondence between the parties or the testimony of witnesses can help here.

Even when the child reaches the age of majority, the alimony debt must be repaid.

Percentage or fixed amount of alimony

Before filing a claim, it is necessary to decide whether the alimony will be a fixed amount or a percentage of the salary and other income of the defendant. If the defendant is a businessman, then it is more profitable to receive a percentage of his earnings. After all, this percentage of earnings is enough to support and provide for a minor dependent.

Important! It must be remembered that it is necessary to confirm the earnings of the former spouse (wife) and the place of his (her) work.

A fixed payment will be more appropriate if the defendant hides his income and place of earning. In this case, it is necessary to calculate the amount in accordance with the needs of the minor dependent.

After you have made your choice and completed the Sample Collection Claim Form Money for the maintenance of a minor child, you can apply to the court. Do not forget that you need to confirm all the circumstances specified in the statement of claim with documents. If all the necessary documents are provided and the claim is properly drawn up, the court decision will be made in favor of the plaintiff.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Where to file a claim

As mentioned above, all statements of claim related to the recovery of maintenance obligations are the jurisdiction of the magistrate. In other judicial instances, this statement of claim will not be accepted for production.

The fact that the consideration of such applications, regardless of the amount of the claim and the place of registration of the parties, falls within the jurisdiction of justices of the peace, is enshrined in the Code of Civil Procedure of the Russian Federation (Article 23).

An important issue that must be resolved before filing a claim with the court is to which judicial district of the justice of the peace it is necessary to refer it.

As mentioned earlier, the Code of Civil Procedure of the Russian Federation provides for the right of the plaintiff to choose at what address to file a claim, at his place of residence or at the place of residence of the defendant.

Attention! For the most part, statements of claim for the recovery of funds for the maintenance of a minor child are filed at the place of residence of the applicant.

This choice is more convenient for the plaintiff, as it usually gets closer to the civil case. But if the defendant lives in another city, it is more profitable to file a statement of claim at the place of residence of the defendant and write statements about the consideration of the case in his absence. Thus, the case will be considered without the plaintiff, and the secretary of the court district will transfer the writ of execution independently to the bailiff service.

The amount of the state duty

The amount of the state fee is not stable when filing a statement of claim with the court for the recovery of alimony. The Tax Code of the Russian Federation in Article 333.19 establishes the amount of the state fee for filing a claim for the recovery of alimony equal to 150 rubles.

In the case of filing a claim for the recovery of funds for the maintenance of a minor child and spouse, the amount of the state fee will be 300 rubles.

Moreover, keep in mind that when filing the lawsuit itself in court, you do not need to pay a state fee, court decision it will be recovered from the defendant. In this case, the amount of the state fee will be established in a court decision.

Note! Exemption from paying the state fee is also provided for the following claims:

Increasing the amount of alimony;
On the recovery of funds to cover the costs associated with the illness of the child or an expensive operation;
On the collection of debts on alimony obligations.

Well, the largest state fee equal to 400 rubles is provided for in the case of filing a claim for the recovery of alimony jointly with others, for example, for divorce. In this case, the payment of the state fee falls on the plaintiff's shoulders and exemption from its payment is not provided.

Submission rules and possible decisions on acceptance

The filing of a claim with the court must be recorded on your copy of the application. To do this, you need to personally submit a statement of claim to the judicial district, and the secretary of the district will give you the date and number of incoming correspondence, as well as his signature.

Another way to file a claim without filing it in person is by registered mail with acknowledgment of receipt. It will also not be superfluous if you draw up an inventory of attachments for this item. And after receiving your statement of claim at the judicial site, you will be returned a notice with the date of receipt.

Within five days from the date of receipt of the claim in court, the justice of the peace makes a decision on the application:

Accepts for production;
Refuses to accept the claim;
Returns the statement of claim;
Leaves the claim without movement.

But even if the justice of the peace issues a ruling on accepting the claim for proceedings, this does not mean that the decision on the case has been made in your favor, therefore we respond promptly to all court requests.

Watch the video. How to file a claim in court for the recovery of alimony:

Deciphering the judge's decisions

After the claim is received at the judicial site, it is studied by the justice of the peace and all the requirements for this species applications, within a five-day period makes a decision on the acceptance of the claim for proceedings. At the same time, a ruling is issued on the preparation of the case for trial or the appointment of a preliminary meeting.

Cases in which the judge may refuse to accept a claim for the recovery of alimony:

There is already a court decision on the same subject of the claim, between the same parties and on the same grounds, or a ruling to terminate the proceedings if the plaintiff's waiver of claims has been filed or an amicable agreement between the parties has been approved.
There is already a decision of the arbitration court that has become binding on the same parties, with the same subject and on the same grounds, if the court did not refuse to issue a writ of execution on compulsory recovery by decision of the arbitration court.

If a ruling has been issued to refuse to accept the claim, it shall be sent or handed over to the plaintiff within five days from the date of its issuance.

This ruling may be appealed to the city court through the judicial district where the ruling was issued, by filing a private complaint.

If a ruling was made to refuse to accept the application, it is not possible to re-apply to the court with a statement of claim against the same defendant, with the same subject and on the same grounds.

Article 135 of the Civil Procedure Code of Russia establishes a list of reasons for returning a claim to the applicant:

The claimant is incapacitated;
The claim is not signed or signed or filed by an unauthorized person;
There is already a case in proceedings on the same grounds, on the same subject between these parties;
The plaintiff withdrew the claim until a ruling was issued on its acceptance for proceedings.

Within a five-day period, the court issues a ruling on the return of the claim, motivating its decision and indicating the shortcomings that must be eliminated within a certain period.

Please note! On the same five days, the claim is handed over in person or sent by registered letter with notification to the plaintiff, with all the attached documents and the ruling. Only after the shortcomings indicated in the ruling on the return of the claim are eliminated, the plaintiff may file a statement of claim against the same defendant, with the same subject and on the same grounds.

On the issued court ruling on the return of the claim, you can file a private complaint within fifteen days from the date of issuance of the document.

If the claim does not meet the requirements specified in the legislation by the form, content, or not all the necessary documents are attached to it, the court leaves the claim without movement, about which a ruling is issued.

A copy of such a ruling is sent to the applicant so that he corrects his shortcomings within a certain period of time.

Important! If the term for elimination of shortcomings is met, the claim is considered filed on the day of its initial receipt by the court.

If the deadline for elimination of defects is missed, then the claim is considered not filed and is returned to the plaintiff together with the ruling on the return of the claim with all attached documents. Within fifteen days from the date of issuance of the decision to leave the claim without movement, the applicant may file a private complaint.

Consideration of a claim

A civil case on the recovery of alimony may be considered within a period of not more than 1 month from the date of its acceptance for proceedings. During the conduct of the court session to consider the statement of claim for the recovery of alimony, the justice of the peace allows the parties to speak on the case. The plaintiff must tell that minor children are dependent on him and live with him.

If the parties to the case live together, the judge asks additional questions to ascertain the share of participation of each of the parents in the upbringing of minors. The defendant will need to prove that he financially helps to support children and takes part in their upbringing.

The applicant must be ready to give explanations to the objections of the opposite side, and if necessary, to provide evidence of his words. It is even possible to bring at least two witnesses who can confirm the plaintiff's arguments that the defendant is not helping financially.