What are the documents in court child support. List of documents for alimony

Many people think where to file child support. And what in general can be expected after the implementation of ideas into reality. Next, we will study all the nuances of maintenance obligations in Russia. What features of the process can be encountered? Who will pay and to whom? In what sizes? The answers to all these questions will be easily found in the current legislation.

About definition

First you need to figure out what is called child support. This is how they describe monthly payments of one size or another, which are intended for a disabled and needy relative.

That is, maintenance obligations are a guarantee of the life of family members. Most often they occur in relation to minor children.

Who is eligible

Where to apply for child support? There is no definite answer to this question. After all, it all depends on the desire of the modern citizen.

But you can answer who is eligible for financial support. The main categories of recipients include:

• children (including adults);
• husband / wife;
• parents.

Alimony for grandparents, brothers and sisters is sometimes found, but these are extremely rare scenarios. Therefore, we will not talk about them.

About appointment methods

Where to apply for child support? The answer depends on the situation. The thing is that financing for needy relatives in Russia is allowed in different ways. And the authority that accepts requests for the payment of the mentioned type depends on them.

Today, child support can be paid:

• by court decision;
• voluntarily;
• by child support agreement.

As practice shows, the most reliable and common technique is the first alignment. It is considered safe and clear.

Marriage and child support

Can I file for alimony in marriage? Current legislation allows for this alignment. Moreover, in Russia it occurs more and more often.

Spouses may require, in the event of their disability, financing from a husband or wife, even without a divorce. And child support is also requested, not only upon divorce.

Former spouses are also eligible for funding from a husband or wife. But at the same time, more than 5 years should not pass from the moment of divorce. Otherwise, it will not work to demand material support. This is possible only if the court finds the previous relationship long-term.

How much to pay

How do they apply for child support or for themselves? The procedure will be considered by us later. First, get acquainted with all the features of maintenance obligations.

How much will you have to pay in one case or another? Alimony may be assigned:

• in solid amount;
• as a percentage of salary.

In the first case, not only the income of the payer, but also the cost of living of the settlement will be taken into account. If there is an assignment of alimony for children, then the second calculation scheme is most often used.

A citizen pays 1/4 of the profit for one child, 1/3 of the earnings - for two children, and at least half of the income received - if the payer has at least 3 minors.

Only the judicial authority will provide more accurate information. He will study all the proposed materials and establish the amount of alimony.

Primary Host Body

Where to apply for child support? This question worries almost every potential recipient of money.

It is best, as we have already found out, to go to court. It is necessary to file a claim for the appointment of alimony to the world judicial authority. You can apply both at your residence permit (which is not recommended) and at the place of registration of the potential payer.

Where else do they help

This is only one possible scenario. Where to file for child support yet?

Modern citizens can ask for help at the IFC and the My Documents services. They often help file alimony.

In addition, today it is allowed to make a request via the Internet. For example, using the portal "State Services". But this technique is not in special demand yet.

Terms of consideration

How to apply for child support? We will talk about this process step by step below. But before that, we’ll find out how quickly the court will respond to a particular request.

The term for consideration of a claim on maintenance issues is about 5 days. After receiving the court order, you will have to wait another 10 days. During this time, the payer may file an objection to appeal.

Step by step about the process

We found out where to file for child support. Now you can step by step consider this operation. Usually it does not cause any problems.

Guidelines for filing claims for the appointment of alimony for one reason or another looks like this:

1. Prepare a package of documents. It depends on the situation.
2. Make a claim for the purpose of payments. It will have to justify its requirements.
3. Submit a request to the magistrate's court.
4. To participate in the court session.
5. Get a decree of the established sample on hand.

The most difficult step is the first step. Can I file for alimony in marriage? Yes, the list of papers required for this will be easier to get. But even after the divorce, the spouses are entitled to financial support. Especially during a stay on parental leave.

The main list

What documents to apply for child support? As already mentioned, the package of papers is changing. It depends on the specific circumstances.

Without a doubt, the applicant will be required to:

• passport;
• documents confirming kinship;
• statement of claim;
• certificates of income of the potential payer;
• evidence of legality of claims;
• certificates of ownership of the property of the future alimony.

Documents of kinship include certificates of marriage and divorce, birth. Adoption papers also take place. Children whose relationship with their father has not been proven cannot be funded. First, the mother will have to confirm paternity. In any case, this is necessary if the defendant is not entered as a father in the birth certificate of the child.

Other documents

How to apply for child support? The step-by-step instructions presented to our attention will help to bring the idea to life. But we have not yet fully figured out what papers are required to file a lawsuit in the established form.

In addition to the listed documents, the following are requested:

• disability certificates;
• documents with registration (in particular, children);
• certificates of family composition;
• applications for the demand for documents.

The last paper is needed for those who can’t get a certificate of income of a potential payer.

Evidence

How is child support served? It will not be difficult to answer this question now. Quite often, when appointing alimony or when adjusting it, the parties have to prove their points of view. All of them must somehow be confirmed.

For example, you may find it useful:

• court decisions on previously ordered alimony;
• any photo, video, audio materials and correspondence of citizens;
• checks and receipts confirming expenses.

It's all. In exceptional cases, certificates of deductions to the FIU and DNA test results may come in handy.

Notaries

Can a husband file for child support? Yes, every spouse has such a right. But this alignment is actually rare. Usually husbands are engaged in providing for the family, and wives in childcare. Therefore, it is easier for a woman to prove the fact of disability.

Where to apply for child support? If you want to resolve the issue peacefully, you can not rush to court. Such people are better off contacting a notary public. Any notary office will do.

What to do? Conclude a peace agreement to pay child support. As a rule, all previously listed securities are attached to the contract. But in this case, the text of the agreement will have to be treated with special attention. The document spells out all the features of the implementation of maintenance obligations. Including the size of payments and their indexation.

After signing the contract of the established form with a notary, you can just wait. The payer will have to fulfill his obligations. Otherwise, the recipient will have to go to court. How to apply for child support? We already spoke about this earlier.

Increase and decrease

In certain circumstances, child support may increase and decrease. To do this, one side or another will have to file a lawsuit with the corresponding request. Of course, it must be confirmed. Otherwise, the request will be rejected.

How to sue child support? The reasons for increasing or decreasing the corresponding payments are the following circumstances:

• change in payer earnings;
• the appearance of dependents;
• the birth of another child;
• deterioration or improvement in the health status of one of the parties;
• increase in real spending on the recipient of funds.

In practice, a reduction in child support is extremely rare. But to increase them is much easier than it seems. For example, the reason for going to court may be the need for indexation of payments.

About exemption

To answer how to sue child support is not so difficult. To cope with this task (if you do not take into account the collection of documents) is easier than it seems. But to recover funds from a person is much more difficult. Now in Russia there are no such sanctions that would greatly frighten the child support debtor.

You can free yourself from the obligations you are studying. For example, for the following reasons:

• change in the working status of the payer or recipient of money;
• death of one of the parties;
• coming of age;
• receiving emancipation;
• adoption of a child by another person;
• employment of a minor for a good, well-paid job;
• conducting child business.

How to apply for child support? This operation has already been said. And how to get rid of obligations? This is done in a similar way. Usually the initiative comes from the alimony. He goes to court with a lawsuit and encloses evidence of his position.

How is child support served? Parents should be needy and disabled. If these conditions are not met, then applying in court for funding from children will not work. Many manage to refute the fact of need.

Summary

We found out where to file for child support. All the features of this operation have been fully studied by us.

From now on, everyone will be able to bring the task to life. Where to apply for child support? It is better to contact a notary public and peacefully resolve this issue. Otherwise, only a magistrate's court will help.

The package of documents required for the purpose of alimony depends on how the payment is processed. A minimum number of documents will be required if the parties were able to agree and conclude an agreement that requires mandatory notarization.

If it was not possible to reach a compromise, and alimony has to be exacted through the court, having filed for recovery, then the package of documents will expand significantly. This procedure can be simplified by filing an application for extradition. Sometimes, after receiving a court decision, the child support recipient needs to independently start the enforcement proceedings.

In addition to the application itself, the parent acting as the initiator of the child support order will need the following documents:

• proving the material and marital status of the payer;
• confirming the civil relations of the parties (marriage or divorce certificate);
• type of earnings from which the alimony is supposed to be collected.

Attention

Alimony can be assigned not only for minors, but also for the maintenance of a mother, an adult child with a disability, and some other categories of people.

What documents are needed to file for alimony while married

The procedure for applying for child support payments in a registered marriage is the same as after the termination of family relations. If one of the spouses without good reason evades the obligation to support their children, then the second parent has the right to assign child support payments.

A compulsory package of documents that need to be supplemented with a statement of claim includes:

• claimant's passport (enough copies), including pages with marks on marriage registration;
• birth certificate of a child (copy);
• marriage certificate;
• certificate of family composition (at the place of residence of the plaintiff);
• certificate of earnings (if possible and from the place of employment of the defendant).

Attention

In addition to these documents, the court will need to calculate the amount of support expected to be collected, as well as the justification of the necessary costs for the maintenance of the child. If alimony is to be exacted on the spouse who is in position, then a medical certificate confirming pregnancy must be attached to the application.

In the statement of claim, the recipient of the alimony must indicate the following data:

• name of the court and its address;
• passport details of the parties to the case;
• the address of the spouses (if they live separately, then both addresses are indicated);
• requirements for the appointment of alimony;
• estimated amount of alimony;
• evidence referred to by the plaintiff.

List of documents for child support after a divorce

After the divorce, you can file for child support in several ways. Depending on the circumstances, the package of documents for assigning payments may vary, but the following will remain mandatory:

• a copy of the applicant’s passport;
• divorce certificate;
• copy of the birth certificate of the child;
• evidence of the payer's material situation and living conditions;
• account for the transfer of alimony.

Help is recommended about payer income. You can order it at the place of employment, as well as attach evidence of other sources of earnings of the former spouse. In order for the court to accept the statement of claim, it must be correctly drawn up. Despite the fact that the statement is being drawn up in free form, it must necessarily contain certain data:

• name of the judicial authority;
• details of former spouses;
• requirements and arguments on which they are based.

Attention

As grounds for assigning a certain amount for alimony, you can attach checks and receipts confirming the purchase of goods for the child, payment for his education, additional classes and necessary medications.

Documents for concluding an agreement on the payment of alimony

The easiest way to apply for child support is to sign voluntary agreement  between parents. It is made up in writing and notarized. In this document, parents indicate the method of charging and paying child support, the timing and amount of payments, and other points.

The notary will need the following documents to complete the agreement:

• passports of the parties (or other documents confirming the identity of the parents);
• checks, receipts and other documents substantiating the amount of maintenance support;
• a certificate confirming the payer's earnings for several months;
• birth certificate of the child (if there are several minor children, then the birth certificates of each of them will be required).

Attention

The agreement must specify not only the size and form of accrual of alimony, but also the method of transferring it to the recipient. This can be done personally by transferring cash to the second parent, by transfer to an account opened with the bank, by postal order, through an intermediary.

The cost of verification and certification of a written agreement with a notary in 2018 is 5250 rubles.

Photo pixabay.com

What documents are needed to apply for child support in court

Parents who are unable to agree on all aspects of child support will have to turn to the justice of the peace (in cases where the purpose of payments involves establishing paternity, then the issue is considered in the district court) The enforcement of alimony can be done in two ways:

Court order  - A ruling issued by a court in a short time (usually within 5 days) without the need for parties to attend and hold meetings (in accordance with Article 121 of the Civil Procedure Code of the Russian Federation).

However statement of claim  - the method is more reliable, although it takes more time. The lawsuit allows the parties to provide their evidence, as a result of the alimony can be assigned both in hard cash and as a percentage of the parent's earnings.

    In addition, payments to the ex-spouse, an adult child or other relatives can only be determined in a lawsuit.

Documents for issuing a court order

The issuance of a court order is based on the application and the documents submitted. Therefore, their kit should be complete.

Mandatory list of documents for adjudication  includes:

• application (according to article 124 of the Code of Civil Procedure of the Russian Federation, it must contain information about the court, plaintiff, payer, requirements and evidence supporting them, list of documents);
• applicant's passport (enough copy);
• a document on the birth of the child (copy), where the father indicated the alleged payer (if paternity was established in court, then supporting documents must also be provided);
• divorce certificate (if a divorce was filed);
• certificate of earnings of the defendant from the place of employment.

Information about the payer must be indicated in the application itself. If the place of residence of the former spouse is unknown, you can indicate the place of registration or the last known place of residence. However, information about where the parent works, the name and address of the organization must be specified accurately.

What you need to file a claim for alimony payments

The statement of claim can be submitted both at the place of residence of the defendant, and at the place of residence of the payer of alimony, in accordance with Art. 29 Code of Civil Procedure of the Russian Federation. The lawsuit must be accompanied by a package of documents, including:

• a copy of the passport of the applicant;
• birth certificate of the child (copy), if paternity was established by the court, then a court decision must be attached;
• if family relations were terminated, then a divorce certificate;
• certificates from the place of residence of the applicant and the child (enough copies);
• copy of the income statement of the plaintiff from the place of employment;
• certificates from the child’s place of education (school or kindergarten);
• receipts and checks capable of confirming expenses for a minor;
• if possible - reference from the defendant’s place of work.

All documents submitted must be recorded in the statement of claim. The claim itself can be sent by registered mail or transferred to the office in person. The application is in free form, but, according to Art. 131, Code of Civil Procedure of the Russian Federation, must contain the following data:

• court where the lawsuit is filed;
• data about the plaintiff (including passport details, address);
• information about the defendant;
• parent's requirements;
• circumstances and evidence on which the claims are based;
• list of documents.

What documents do bailiffs need to collect child support?

After a court decision is made, a parent who must pay child support receives a writ of execution or a court order. This document is submitted to the Bailiffs Service (UFSSP). This can be done by the plaintiff or the court at his request. The first method is more operational.

In order to enforcement proceedings  was instituted, it is necessary to accompany the writ of execution with a package of documents:

• court decision (if the initiator filed a statement of claim);
• claimant's passport;
• birth certificate of a child;
• details for which funds should be transferred.

Attention

After contacting the bailiffs, the parent living with the child must write application for enforcement proceedings. In the application and oral conversation with the bailiff, the plaintiff must indicate all the information about the alleged payer.

The result of this conversation and the statement drawn up will be the beginning of enforcement proceedings, the purpose of which is to recover funds from the defendant for the maintenance of the child.

Keeping a registered marriage is not an obstacle to forcing a spouse to pay child support. The procedure for conducting the procedure is in many respects similar to the algorithm for processing child support payments.

The limitation period is three years. This means that if the spouse does not provide financial assistance for a longer period prior to filing the application, the court will oblige him to pay child support only for the last three years.

If there is no registration

The lack of registration of marriage in the registry office is not an obstacle to coercion to pay child support. This means that the spouse may require financial assistance for the maintenance of the common child, even if the partners have never been officially married. But litigation in such situations is more complex.

What documents are needed for alimony in a civil marriage? In addition to the standard references for such processes, the statement of claim must be accompanied by documents confirming paternity (if the child is native) or the fact of adoption (if the child is adopted).

If the father does not recognize his kinship with the child, then this fact is confirmed in a judicial proceeding with a genetic examination. DNA expert analysis requires large sums of money, and laboratories are not available in all regions.

A certificate of adoption is issued by the guardianship authorities.

Responsibility for non-payment

If the spouse does not pay child support, then you can bring him to justice. To do this, you need to apply to the court again and attach to the application evidence of non-payment of funds. If the court considers the evidence substantiated, the spouse will be forced to recover the debt.

If after this he continues to evade his duties, then they will take up the matter, which will arrest property and bank accounts. Malicious defaulters who do not have a permanent job and valuable property are involved in

This article will describe what documents are needed for. Individuals will be able to see what is needed for various situations, including the collection of payments through the courts and the receipt of alimony compensation by agreement, as well as where to transfer this package of papers and what requirements should be followed.

What documents are needed to apply for child support in marriage

If either the mother or father of children under the age of eighteen does not fulfill the parental duty, namely, does not provide money to satisfy their daily needs, then according to article 80 of the Family Code, inaction of this kind is considered a violation of the law. In such situations, the parent must be exacted, regardless of whether he divorced the second parent of the children or still lives together.

Attention! When carrying out the procedure concerning, in order to eliminate errors, be sure to read the relevant articles of the Family and Civil Procedure Code, as well as the Federal Law “On Enforcement Proceedings”.

Documents required for agreement

Even when married, parents have the right to draw up a certain document testifying to the voluntary consent of one of them to an individual who does not allocate money to provide for the child, to pay him alimony every month. A document of this kind is recognized as endowed with legal and executive power only if it is executed by a notary.

The agreement has such a feature as the right of parents to independently determine the amount of alimony compensation. In order to conclude such an agreement, individuals who are not divorced, you must go to a notary public with the following list of documents:

1. Originals of identification documents.First of all, passports will be required, not only of an individual who will receive maintenance payments for children, but also of the payer. The notary will need information not only from the first pages of the document, but also from the sheets on which the registration is marked.
2. The original certificate of the child.Also, one can not do without such a document as a birth certificate of a child who is not yet fourteen years old. Otherwise, you must provide the passport of an individual who is legally entitled to alimony compensation.
3. The original certificate of marriage.Since the mother and father of the minor child in whose name child support is paid live together, the original document confirming their marriage is required.
4. Help containing data on family composition. In addition, as an additional paper to the above list of documentation, you need a certificate that displays data on the composition of the family. Since individuals are not divorced, such a document must be taken from a housing authority located in their common place of residence.
5. References 2-PIT.In order for the notary to be sure that the amount of the maintenance allowance, which he fixes in the agreement, does not contradict the legislative norms, as well as the financial situation of both parties, we need certificates with income data on the model of 2-personal income tax taken from the mother’s place of work and father.
6. Additional documentation.Sometimes an agreement to collect alimony can be made in unusual situations. For example, it can be payments for a child over eighteen years of age who is either studying at a higher education institution or is disabled. Then parents will need to take a certificate from the educational institution or from the hospital, respectively.

Documentation for receiving child support through the court

Some parents are wondering if it is possible to claim a child support payment from a spouse. If an individual does not really fulfill his parental duty, then this is not prohibited by the norms of Russian legislation. To make this procedure a reality, you will need all of the above documents, as well as a statement made by the plaintiff.

A document requiring child support charges may be issued in one of several existing forms. The first of these is an application for the issuance of a court order to recover child support. It is appropriate to use this type of document only when no disputes arise between the parents, since the decision on it is made without a call to the judicial authority of the parties and can quite easily be annulled by the payer.

The document containing the request for extradition for maintenance support must necessarily indicate the following information:

• About the judicial authority.The plaintiff needs to include in the application not only the name of the magistrate’s court, but also the address at which it is located. It is also necessary to pre-pay the state fee for the consideration of the submitted documentation and note this fact in the application.
• About the plaintiff and the defendant.  In addition, it is necessary to clearly register the data identifying the identity of the recipient and payer of alimony, as well as the individual who is their joint child and needs to charge such payments.
• The essence of the document.Further, the recipient will need to most clearly explain the request regarding the collection of material resources from the defendant for the maintenance of the child, indicate links to certain articles that he is guided by, and also justify the need to receive this payment.
• Confirmation of the written.In order for the judge to be sure that the words written by the plaintiff can be trusted, the list of documents serving as written evidence of the text should be indicated in the application and do not forget to attach them.

It should be noted that all the nuances relating to statements of this kind are enshrined in legislative acts under the numbers 124, 125 and 126 contained in the Civil Procedure Code of the Russian Federation.

The second type of document intended to state a request for an alimony is a statement of claim. It is with the help of this type of document that the defendant can be paid debts for previous periods, during which he did not allocate money to support his children. In addition, the statement of claim applies in cases where it is necessary to recover or in the form belonging to the mixed type of payments.

The document drawn up according to the claim type must contain the same data as in the statement written with the aim of issuing a court order for the accrual of alimony, but the justification of expenses for children, facts confirming the need for these costs should also be indicated, as well as a calculation amount of payment.

When filing a claim in the course of its consideration, the plaintiff and defendant are summoned to the judicial authority. If an individual against whom a lawsuit has been filed has any objections to the words stated by the plaintiff in the application, then he may refute them. For this, either relevant documents or witnesses are required. The plaintiff, in turn, using the same methods can defend himself.

Regardless of what type of application for the recovery of maintenance allowance the plaintiff wants to submit, he will need to draw up this document not once, but three times. One of the copies must be submitted to the judge, the second to the defendant for review, and the third to be kept by the plaintiff.

What documents are needed for child support? This question interests every person who had to face the need to collect child support payments from an unreliable spouse. Most Russian citizens are confident that it is possible only with the dissolution of the marriage or after it. However, Russian family law does not in any way link divorce of spouses with the right to material support. Parents must support all their children until they reach the age of eighteen (and in some cases even after coming of age). At the same time, it does not matter whether they are in a marital relationship or have dissolved their marriage. In addition, a able-bodied husband is obliged to provide material support to his wife (or ex-wife) if she is pregnant or raising a child under the age of three. If the parent or spouse evades their legal obligations, the interested party has the right to demand payment of alimony from him in court, having prepared all the necessary documents for this.

Alimony for children under 18

The list of documents for filing with the courts to recover alimony for a minor child will differ depending on whether the plaintiff and the defendant are legally married or have already completed a divorce. If the spouses are married, then in order to file a claim for alimony in favor of a child under the age of majority, the interested party will need to take the following documents to the court located at the defendant's place of actual residence:

• a claim for the recovery of alimony payments to a minor;
• birth certificate of the child in whose favor child support will be paid (if there are several children, then birth certificates of all of them);
• a certificate confirming the fact of the cohabitation of the plaintiff with the child (it should be ordered at the passport office);
• state duty receipt;
• a certificate of income from the place of work of the alimony payer (the court needs it to determine the amount of cash payments);
• any papers testifying to the special needs of the child (disability certificates, the need for spa treatment, receipts for paid classes in paid circles, etc.);
• details of the banker's or personal account of the plaintiff (needed to transfer alimony).

If a divorce has already been drawn up between the parents of the child, then in the listed list of documents the marriage certificate will need to be replaced with the divorce certificate and an additional copy of the judicial decision on the divorce should be attached to the folder with the papers, which indicates which parent remains with the minor.

In the case when the plaintiff sues both for divorce and for collecting material payments from the spouse, then the list of documents for filing for alimony should look like this:

• a suit for divorce, which will indicate the requirements for the recovery of funds for the maintenance of children from the defendant;
• marriage certificate;
• birth certificates of all offspring of a divorcing married couple;
• claimant's passport (copies of all main pages);
• a certificate from the defendant's place of employment on the amount of his income;
• documents proving the disability of the minor (if any);
• details of the bank or personal account of the alimony recipient (for money transfer).

Alimentary Rights of Adult Citizens

The right to support from their parents is not limited to minor children. In some cases, the collection of alimony from the parent is also carried out in favor of children over 18 years of age, if they are incapable of work and cannot provide for themselves. The list of documents required by the judicial authorities to decide on the payment of alimony payments for the maintenance of an adult person looks something like this:

• statement of claim withholding part of the defendant's income in favor of an adult disabled child;
• passport of the plaintiff representing the interests of an adult;
• passport of a disabled citizen who is entitled to material security;
• state duty receipt;
• papers confirming disability of an adult;
• documents proving that the person needs material support (you need to provide the judge with information on the amount of social benefits, extracts from the medical card, indicating that he needs treatment, pharmacy checks and more);
• details of the account to which payments will be transferred.

The court may reject the claim for the recovery from the defendant of alimony for the maintenance of an unemployed adult citizen, if the applicant does not provide the court with sufficient evidence of the difficult financial situation of an adult, therefore, the preparation of documents must be approached thoroughly.

Alimony for pregnant women and young mothers

A pregnant woman or mother who is on maternity leave to care for a baby who is under 3 years old also has the right to apply for child support in cases where the spouse does not want to provide her. She can do this while married to him, when applying for a divorce, and even after the divorce took place.

If the woman is in a family relationship with the defendant, then to apply for child support she will need:

• a statement of claim for the recovery of cash payments from her husband in her favor;
• certificate confirming the applicant’s legal marriage with the defendant;
• your passport with copies of its main pages;
• a certificate from the antenatal clinic about pregnancy or the birth certificate of a baby who is not yet three years old (one of these documents is required);
• receipt confirming payment of state duty;
• details of the account to which the money deducted from the spouse's income will be transferred.

If a woman filed for child support in parallel with the divorce, then in the lawsuit on the divorce, she would need to indicate this. The list of documents will not change. In the case when a woman filed a lawsuit with a request for child support after a divorce, she then needs to provide the court with a divorce certificate and a copy of the court decision instead of a marriage certificate.

The list of documents required to recover child support from the defendant in each individual case may vary.

In order to properly collect all the necessary papers and draw up correctly, the plaintiff needs to use the services of a qualified lawyer.