List of documents for child support. What documents are needed to apply for alimony: complete list. Video: How to apply for alimony during marriage? What to do? Where to go

Content

A person can provide voluntary or forced financial assistance to a person related to him by family relations or who is a direct relative. This is established by the legislation of the Russian Federation. Any citizen planning to enter into a family relationship should know how to apply for alimony during marriage and after divorce. This information will help you avoid unnecessary litigation and quickly obtain funds to support a child or sick spouse.

What is alimony

For a long time it was believed that only children from their parents could receive financial assistance, but according to the law this is not the case. Alimony obligations arise between two persons related by family or kinship ties. The list of people who fit into this category includes spouses, children, grandparents, grandchildren, parents, stepmothers, stepfathers, persons who once provided patronage or guardianship of a minor citizen. All of them can be paid maintenance money.

Alimony in marriage without divorce

Spouses rarely resort to this procedure. You can receive alimony without a divorce if one of the spouses is raising a child who has become disabled or is temporarily disabled. In this case, the official fact must be established that the defendant avoids providing financial assistance in every possible way. The legislation defines the categories of people who can qualify for financial support without divorce:

  • disabled people;
  • pensioners;
  • persons involved in raising a disabled child.

They refuse to recover money for maintenance to persons who have committed a planned crime, who suffer from alcoholism or another type of addiction, or who show physical aggression towards the defendant. Under Article 92 Family Code If the marriage took place relatively recently, you cannot demand financial assistance from your spouse. Transfer of payments can be carried out under a voluntary agreement between persons or by a court decision.

Alimony after divorce

The question of obtaining financial assistance for a child often arises after the divorce. If the citizen is decent, then the persons draw up a settlement agreement and every month a certain amount of money will be credited to the spouse’s account. Filing for child support is forced through the court. You need to come to the government agency at your place of residence and then leave an application. The former spouse does not have to pay for the accommodation of adult able-bodied children.

Collection of alimony for wife's maintenance

A woman during pregnancy and after the birth of a baby needs maintenance. The husband must provide it without fail. If this does not happen, the spouse has the right to send an appropriate appeal to the court with a request to transfer funds to her. Maintaining a wife on maternity leave is the responsibility of the husband, which is confirmed by the Family Code. The spouse has the right to demand alimony in the following situations:

  • cares for a child recognized as a group 1 disabled person;
  • is raising a child under 3 years of age;
  • declared incapacitated due to retirement age or disability.

Is it possible to apply for alimony without a divorce?

Parents can enter into an agreement among themselves on payments or go to court with a statement. Such an agreement is necessary to protect the rights of the minor. Alimony in marriage is transferred voluntarily to a card or children's account. The debtor can transfer money directly into the hands of the plaintiff every month, but against receipt. A father or mother should not hand over funds necessary for the maintenance of children without documents that could confirm this action.

Is it possible to apply for alimony outside of marriage?

A child born to parents who have not officially registered their relationship has the right to financial support. You can apply for alimony outside of marriage if the citizen has officially recognized the fact of paternity. Otherwise, it is necessary to prove this in court. The only evidence that is accepted by all government agencies is the results of genetic testing.

What documents are needed for alimony

You can use the government service that allows you to file a statement of claim via the Internet or by going to court. Sample applications and lists of documents are provided by a social worker or notary. When filing a claim, it is recommended to contact a lawyer to avoid mistakes. The following documents for alimony must be attached to the application:

  • a copy of the claim for the defendant;
  • copy of passport;
  • certificate of registration/divorce;
  • certificate of residence;
  • certificate from the place of work about the earnings of the plaintiff and the defendant;
  • a check confirming payment of the state duty;
  • other papers confirming the plaintiff’s rights to financial assistance.

Documents for filing for child support may include the results of a genetic examination, provided that the parents were not in a relationship official marriage. Then a copy of the result for the defendant should be attached. It is recommended to send two packages of papers. One must be sent to the court where the potential payer lives, and the second should be taken to the government agency at the location of the plaintiff.

Where to begin

Many former or current spouses do not know what is needed to apply for alimony. The first step is to confirm your right to financial assistance, i.e. provide papers proving your inability to work. If we talk about what kind of certificates are needed, then you will definitely need an extract from your place of work, if you are pregnant or disabled - a doctor’s certificate, a child’s birth certificate.

Where to apply for alimony

All claims and claims must be sent to court. If you do not know where to apply for alimony in your city, then you should contact a law office. There they will help you with paperwork and tell you which court to go to. Before submitting your application, we recommend that you double-check that the paperwork is filled out correctly. Some citizens are denied applications because the application form is filled with errors.

Which court should I go to?

The application must be heard by the government agency that regulates civil matters in your county or region of the defendant. It will not be possible to sue for alimony in a court located close to your place of work, because... the proceedings take place at the place of registration of one of the parties family relations. If you were not married to the defendant, you will have to send documents to the district or city court along with a certificate of paternity.

Writ proceedings

After you have successfully submitted documents for alimony, you will have to wait for the decision of the government agency. Court costs in writ proceedings are paid by the party filing the application. It will not be possible to recover them from the defendant. The minimum period for consideration of a case is 3 days, and the maximum is 5 days. An order for the payment of money for the maintenance of children or spouses can be issued by a single judge in the following cases:

  • in the absence of a dispute about paternity;
  • requirements are specified in hard currency;
  • the debtor makes payments in favor of other children;
  • the child’s place of residence has been confirmed.

Claim proceedings

When the parents have not come to an amicable agreement or the debtor does not communicate, the party in need can write an application to the court. In addition to financial assistance, a claim can be used to compensate for the costs of childbirth, maintenance and treatment of a child under 3 years of age. The court case on the claim proceedings is considered for 1 month. Within 10 days from the receipt of a copy of the application, the debtor may file a counterclaim. If this does not happen, the case goes to trial.

If the decision in the case is positive, the bailiff informs the defendant that he must provide mandatory financial assistance to the plaintiff. If the exact place of work of the citizen is known, the bailiff submits the decision to the accounting department, after which a percentage of the salary will be automatically deducted for the child and the spouse who is supporting him.

How is the amount of alimony determined?

The interest rate that determines the amount of material payments is fixed for Moscow and other cities of the country. 25% of salary and other financial rewards are transferred per child. The amount of alimony as a percentage may change if the person has another family and a child. For two children, 33.33% is deducted from a citizen’s income. If one heir is from another marriage, then the rate is divided in half and will be 16.66%. A citizen who is without a stable income is assigned one of the following methods of paying mandatory maintenance:

How much does it cost to file for child support?

The state fee will have to be paid if the spouses were unable to reach an agreement. The cost of filing for child support through the court is 150 rubles. If you want to apply for your maintenance, you will have to pay 300 rubles. When one of the spouses files documents to recover financial assistance along with a divorce claim, he must pay 400 rubles. You can deposit the required amount through a bank or online payment system. There is no need to pay an application fee when:

  • it is necessary to collect the debt;
  • you need to cover the costs of an expensive operation undergone by a child or mother;
  • it is required to increase the amount of payments due to changes in the payer’s income.

Video: How to correctly file a claim for alimony

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Increasingly, citizens are interested in how to file an application to court for alimony. Who has the right to this? Alimony obligations in Russia are not fulfilled in the best possible way. Especially if the parties initially agreed on them peacefully. Therefore, we have to act through the courts. Next, we will tell you everything about how to correctly submit and draw up a statement of claim for alimony. Who has the right to do this and when? At what point does alimony begin to accrue?

Definition

First, you need to understand what alimony obligations are. They are playing important role for all citizens.

Alimony is the name given to regular payments of money aimed at supporting certain people. Typically the recipients are relatives in need. Most often - minor children.

Recipients

Who can apply to the court for alimony? Who is entitled to the corresponding payments?

Today the following may apply for alimony:

  • spouses;
  • children;
  • parents.

In this case, spouses and parents must be recognized as needy. Otherwise, they will not be awarded alimony. But minor children should receive funds for their maintenance, regardless of their financial situation.

Courts hearing claims

How to apply for alimony to the court? To do this, you need to understand which specific judicial authority to contact. After all, in Russia there are different types of them.

Alimony issues are considered by magistrates' courts. But there are exceptions. For example, if it is necessary to divide together with alimony joint property, costing more than 50 thousand rubles. In this case, you will have to send an application for alimony to the district court.

You must contact the judges at the place of residence of one of the parents. Preferably a defendant. But sometimes you can file a claim at the plaintiff’s place of residence.

Alimony and marriage

A claim for alimony can be filed not only when parents divorce, but also during marriage. Modern 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 claim for alimony may be filed against minor children at any time and under any circumstances. But the spouse has the right to financing in the following cases:

  • during pregnancy;
  • until the child reaches 3 years of age;
  • when caring for a disabled child or adult child 1 disability group;
  • during incapacity for work, subject to need.

An application to the court for alimony without a divorce is submitted in the same way as in case of divorce. The only difference will be that instead of a divorce certificate, you must attach a marriage registration certificate. Otherwise, the process of considering the case is no different from the assignment of alimony after the dissolution of a marriage.

Composition of the claim

A rather important point is the actual drafting of the document. What should an application to court for alimony contain?

It is enough to follow a certain structure. The claim must contain the following components:

  • "a cap";
  • Name;
  • main part;
  • demand for alimony from the defendant;
  • list of documents attached to the application;
  • date of filing and signature of the plaintiff.

In reality, filing a claim is not that 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 alimony in a particular case. Their list directly depends on the situation. Let's start with the most common option - the recipient is a minor child.

To collect child support from a parent, you will need the following documents:

  • parents' marriage/divorce certificate;
  • birth certificate of a minor;
  • certificate of registration of the child;
  • documents confirming the defendant’s income;
  • certificate from the defendant’s place of work (preferably);
  • a claim with detailed justification for the collection of alimony;
  • receipt with paid duty;
  • certificate from kindergarten/school;
  • other papers that could affect the progress 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 necessary to prove that the plaintiff is the father of the minors. Otherwise, you will have to either confirm the adoption or not hope for payments.

Child support amount

Is your application to court for alimony ready? How much can you count on in this or that 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 financial support can be given. But other recipients cannot say with confidence how much alimony they will be awarded.

In Russia you need to pay for children:

  • 25% of salary - for 1 child;
  • 33% - for 2 minors;
  • 50% - for 3 or more children.

Also, when considering an application for alimony in court, the living wage in the region.

Documents for spousal support

But these are not all the features that need to be remembered. What documents are needed to apply for spousal support? List necessary papers, as already mentioned, is slightly different from the previously proposed list.

If you want to demand alimony from your spouse, you need to prepare:

  • passport;
  • Marriage certificate;
  • health certificates;
  • birth certificates of all children (if any);
  • any evidence of the spouse’s need;
  • receipt with paid state duty;
  • certificates of income of the defendant and plaintiff.

It should be noted that spousal support is awarded only when the defendant has sufficient funds to finance the wife/husband. Otherwise, it will not be possible to obtain alimony. But this rule does not apply to children and parents. In such circumstances, alimony obligations will be assigned regardless of the financial situation of the defendant.

Documents for child support for parents

A claim to the court for the recovery of alimony in the case of assignment of payments to parents is filed in the same way as in all previous cases. But it is important to take into account that parents must meet certain criteria.

Namely:

  • be disabled;
  • have a disability;
  • be recognized as needy.

When filing a claim you will need:

  • plaintiff'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 the parents' need.

After this, the request will be considered. The court will make a decision and issue an order to the defendant regarding alimony.

Important: if parents did not fulfill their obligations to support minor children, abused their position or were deprived parental rights, then elderly people cannot demand funds for maintenance.

You will also have to remember that child support will be distributed among all able-bodied children. You can refuse to receive finances from a specific child, but to your own detriment.

Procedure

A sample application to the court for alimony will be presented later. First you need to understand exactly how to act in a particular case.

The step-by-step instructions look something like this:

  1. Prepare a package of documents necessary to assign alimony.
  2. Draw up and write a claim.
  3. Pay the state fee.
  4. File a claim for consideration in the magistrate's court.
  5. Take part in the court hearing. In the end, one decision or another will be made. The plaintiff will be given a writ of execution, on the basis of which 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 any special features.

Price

How much does it cost to file an application for child support? The state duty in this case is paid by the plaintiff. It depends on the specific situation.

In 2017, you need to take into account the following prices:

  • 150 rubles - for a claim for alimony;
  • 300 rubles - application for alimony for yourself and children;
  • 400 rubles - alimony + divorce.

Sometimes citizens are exempt from state fees for filing a claim of the type being studied. For example:

  • if an application is submitted to change alimony;
  • when collecting funds for the treatment of a child;
  • when alimony arrears are collected.

Sample

Below is a sample application to the court for alimony. This document is not exclusive. Each claim is an individually drawn up document. It cannot be called template at all.

Nevertheless, this example will help to understand exactly how a claim to recover funds for the maintenance of a needy relative is written. There are no application forms for alimony to the court. The citizen must draw up this document himself and submit it to the necessary authority. It is enough just to follow the paper structure suggested earlier. The request is reviewed within 1 month.

As of 2019-2020, there have been no significant changes in the procedure for assigning and paying alimony. However, not every person facing a problem clearly understands what documents are needed to apply for alimony. The fact is that people find themselves in completely different situations. And the solutions in them cannot be the same.

Naturally, each case is individual. However, documents for alimony in all situations are collected according to a certain logic. Let's look at it to highlight the general features of this work.

Nuances of collecting documents

Alimony is assigned on the basis of articles of the Insurance Code. So, the 80th, for example, talks about the obligation of parents to provide financial support for children. Therefore, the correctness of the design is based on the following factors:

  1. Definition legal role each participant in the relationship. It comes from the identity card:
    • passports;
    • minor's birth certificate;
    • certificates of joint residence (for distant relatives) and others.
  2. Determination of the level of financial security and conditions affecting it. Here is a wider range of papers:
    • information about housing;
    • income certificates;
    • data on the availability of property;
    • about the place of service;
    • about the number of dependents and more.
  3. Determining the health status of the persons involved:
    • certificate from the clinic;
    • data from the federal body for medical and social examination (for people with disabilities);
    • certificate of the attending physician.
  4. Calculation of the costs of maintaining the recipient of alimony payments.
Example: documents for filing for child support begin to be collected based on the data recorded in the child’s birth certificate. Mom and dad are indicated there, that is, the persons obliged to support him. Download for viewing and printing:

Voluntary agreement

The Investigative Committee considers the consent of parents on the division of responsibilities for providing for minors to be a priority. They are given the right to figure it out on their own and decide who will pay for its maintenance and how much. In this case, it is prohibited to violate the provisions of Article 81, which describes the amount of payments to minors:

  • a quarter of the income for one;
  • third for two;
  • half for three or more children.

This means that to formalize an alimony agreement you need:

  • certificates of participants in family relations:
    • passports;
    • minors' birth certificates;
  • a document confirming the conclusion or separation of marriage ties;
  • certificate of family composition (shows the provision of housing for children);
  • information about:
  • income of the parties;
  • the presence of real estate and other valuable property.

Important: if the recipient of alimony needs additional expenses for treatment, then a doctor’s certificate or ITU documents should be attached.

Agreement for payments to adults

Basically, such an agreement requires the same papers. But there are some nuances. Thus, the IC obliges the detention of minors in any situation. But in relation to, the rules are different:

  1. It is necessary to prove that this person is not able to earn money. Only in this case does the relatives have an obligation to transfer money to him.
  2. This circumstance is confirmed:
    1. ITU certificate of incapacity for work;
    2. a court decision recognizing incapacity;
    3. a passport indicating the retirement age:
      1. 55th anniversary for women;
      2. 60th birthday for men;
    4. other papers.
  3. In addition, it must be proven that the applicant does not have other types of income:
    1. valuable papers;
    2. owned real estate and more.
Important: the agreement must be notarized. Only after this does it acquire legal force.

The meaning of the operation is as follows:

  1. It is the responsibility of the notary to verify the legality of the contents of the document.
  2. He is personally responsible for violating the rights of recipients, especially minors.
  3. Consequently, his signature guarantees the correct distribution of financial obligations in accordance with the provisions of the Insurance Code.

Do you need information on this issue? and our lawyers will contact you shortly.

If the agreement is not fulfilled


If the payer stops fulfilling the obligations taken voluntarily, then the time comes for compulsory influence on this person. The Investigative Committee assigned this role to the Bailiff Service. But a civil servant cannot take any measures on his own. The initiative must come from the participants in legal relations.

The bailiff executes the court order. To receive it, you must write an application to the designated authority. It is constructed in accordance with the requirements of Articles 121 and 124 of the Civil Procedure Code.

Namely:

  1. You must provide the following information:
    1. full name of the institution (magistrates' court) and its address;
    2. personal data of both parents:
      1. place of residence;
      2. contact information;
    3. the meaning of the requirements with justification;
  2. The latter include:
    1. a copy of the agreement;
    2. copies of ID cards:
      1. passports;
      2. birth certificates of children;
    3. a copy of the certificate of marriage or separation (if available);
    4. certificate of family composition;
    5. information about the income of the parties;
    6. certificate of the payer’s place of work (if available).
Attention: the court order is issued within five days. After receiving it, you need to take it to the SSP yourself or wait until the court does this. Download for viewing and printing:

What papers are required for a claim?


If it is not possible to reach an agreement, then it is necessary to begin legal proceedings (Article 106 of the Criminal Code). The procedure for submitting such documents to the court is described in Article 132 of the Code of Civil Procedure.

In particular, this paragraph of the legislation contains the following rules:

  1. The claim should be sent to the magistrate’s court at the place of residence:
    • plaintiff;
    • defendant.
  2. The application shall include the following information:
    • name and address of the authority to which the appeal is sent;
    • plaintiff's personal data:
      1. address of registration and actual residence;
      2. contacts for communication;
    • the same information about the defendant (if known);
    • detailed description of the requirement with justification;
    • evidence base;
    • the price of the claim;
    • list of attached documents.
  3. The latter include:
    • copies:
      1. plaintiff's passport;
      2. children's birth certificates;
      3. information about the conclusion or breakup of marriage;
    • originals:
    • certificates of income (preferably both the plaintiff and the defendant);
    • information about the defendant’s ownership of property and valuables;
    • certificate of residence;
    • calculation of child support costs;
    • information about evasion of alimony payments (issued by the bailiff).
Important: all documents must be prepared in triplicate. One must be sent to the defendant to prepare a line of defense.

Collection of alimony in a civil marriage


The articles of the Investigative Committee do not distinguish between parents who have a certificate of marriage and those who have not received one. The essence of the legislation comes down to establishing responsibilities in relation to common children. And this fact is established at the time of registration of the baby with the registry office.

Thus, the claim will require all the same documents. Difficulties may arise for a woman who did not include the biological father in the baby’s document. In such a situation you will have to:

  1. First, establish paternity (file an appropriate claim).
  2. After receiving the decision, change the entry in the child’s certificate.
  3. Based on new data, contact the magistrate with a request to assign alimony (the list of papers is given above).

Attention: people who have not officially broken their marriage ties can also demand payment of maintenance for minors.

What to prepare to collect funds from parents


 An adult must first of all justify the impossibility of obtaining sufficient income. To do this, you need to draw up a statement of claim according to the described rules in triplicate.

Attached to it:

  • copy of the passport;
  • documents of the defendant (his birth certificate proving family ties);
  • certificate from place of residence;
  • information about the pension received;
  • data on the need for treatment, etc.

Important: in 2019-2020, all pensioners of the Russian Federation receive amounts comparable to the subsistence level. The court will not consider only information about small incomes as a basis for assigning alimony.

Therefore, elderly citizens need to justify the need for assistance:

  • health status;
  • inability to pay for a rented apartment;
  • needing expensive medications or treatment that is not provided free of charge.

Alimony payments in favor of a spouse

The IC describes situations in which the former partner is obliged to transfer a certain amount to the woman he left behind.

These include:

    • pregnancy period;
    • care time;
    • disability:
  • due to ;
    • due to retirement age (if there are no grounds for receiving subsidies from the state).

To assign content from ex-spouse a separate lawsuit must be filed. It is compiled in exactly the same way as described above.

The following documents can serve as justification for the requirements:

  1. a copy of sick leave for pregnancy and childbirth;
  2. certificate of birth of a child under three years of age;
  3. a copy of the order from work regarding the provision of care leave;
  4. information about income (receipt of benefits);
  5. a certificate from the housing office confirming the fact of living together with a minor;
  6. calculation of necessary costs;
  7. ITU certificate confirming the assignment of disability;
  8. information about the amount of pension;
  9. others.
Attention: if a woman is able to work and does not take care of her children, then she will not be able to count on alimony. Courts, as a rule, do not consider cases of alimony for an abandoned husband.

August 15, 2017, 20:18 Oct 16, 2019 00:31

Registration of alimony can be done in the following ways:
  • Conclusion by mutual consent on the payment of alimony.
  • Registration of alimony with the help of the court.
  • Registration of child support for adult children.
At the same time, you can apply for alimony both while married and after a divorce. Depending on the situation, the package of documents will differ slightly.

Agreement by mutual consent

The simplest and in a fast way is considered a mutual agreement to pay alimony. It is concluded by a notary if the following documents are available:
  • Child's birth certificate.
  • Passport of both parents.
  • Certificate of income for the last 3 months. Provided by the person who will pay alimony.
  • Certificate of paternity. To do this, you need to contact the registry office with a request to provide an extract from the register.

Judicially

The second option for alimony is the most common. It does not matter whether the parents are married or divorced, or lived in a civil marriage.

The main documents include:

  • Birth certificate and two copies of it.
  • Two originals of the statement of claim for alimony.
  • Plaintiff's passport.
  • A certificate from the housing office confirming with whom the child lives and who is dependent on him.
The main document for proceedings in court is a claim. It must be drafted correctly, otherwise the case will be rejected. The statement of claim for alimony shall indicate:
  • Address and name of the court.
  • Full details of both parents:

    Last names, first names, patronymics;
    - home address;
    - passport data.

  • Children's data.
  • The essence of the requirements is stated.
  • Justification and evidence of claims.
  • List of attached documents.
Here is a sample application:


Additional papers:
  • Certificate of divorce. Attached if alimony is applied for after a divorce. The original and two copies are provided.
  • An extract from the home book or a certificate from their housing office confirming the defendant’s residence at the address specified in the application. Provided if the plaintiff and defendant live at the same address. Original and copy required.
  • You may also need a bank account number to which alimony payments will be transferred in the future.

Documents for paying child support to the mother

Chapter 14 of the “Family Code” of the Russian Federation states that until the child reaches 3 years of age or in the event of pregnancy and incapacity, the wife can apply for alimony intended for her direct maintenance.

To do this, the following documents are submitted to the court:

Child support for an adult child

According to the law, a child upon reaching the age of majority has the right to collect alimony from his parents in the event of his incapacity for work.

Often the reasons for this are:

  • disability;
  • full-time study at a university.
To recover funds for maintenance, submit:

If the persons are married

You can apply for alimony even while you are married; here’s how to do it. For example, if the father does not give money to support the child, but spends it on himself.

In this case, the main package of documents includes a marriage certificate, not a divorce certificate. In addition, it is necessary to provide evidence that the defendant does not support his family, and to draw up a list of witnesses.

If your marriage certificate is lost, you can always restore it by following

Where to apply for alimony, which court to go to?

To figure out how to apply for alimony, you must first navigate the court system. It consists of 3 categories:

  • regional/republican/territorial courts;
  • district courts;
  • world courts.

There are also specialized military courts, but they only consider cases involving military personnel if the issue concerns either a crime committed by a military man or the relationship between a soldier or officer and the structures of the Ministry of Defense. Therefore, even if the child’s father is a military man, a claim for alimony cannot be filed in such a court.

Cases concerning alimony are considered by law by justices of the peace. However, to resolve the issue of how to apply for alimony and at the same time divide property that costs more than 500 thousand rubles, according to the rules of civil procedure, you will have to go to the district court.

Which judge should I go to?

It must be remembered that the activities of justices of the peace are carried out in territorial areas. Sometimes it happens that there is only one judicial precinct in the territory of a district (usually this only happens in sparsely populated rural areas), but in the territory of a city or district there are usually at least 2-3 of them. Therefore, when deciding how to apply for alimony, it is also necessary to take into account the place of residence of the plaintiff and defendant.

You can find out how justices of the peace are divided by territory either on their official website, or from the diagrams and lists of streets and houses posted in the reception area of ​​each judge. In addition, before you file for alimony, you need to decide on the judge who can handle your case. To do this, it is enough to know that:

  • in general, a claim for child support is filed by the mother at her place of residence;
  • if the defendant lives too far away and there is a possibility that he will not appear in court, you can contact the judge at his place of residence;
  • if the defendant does not have a permanent place of residence, then you can apply either at his last reliably known place, or at the place where any property belonging to him is registered.

However, in most cases, to determine jurisdiction, more than simple rule: Which judge you got a divorce from is the one to submit the application for alimony.

Alimony and divorce

Usually the question of how to apply for alimony arises after the divorce has already taken place. But in principle, questions about alimony payments and divorce are not strictly connected. The law fully allows for the collection of payments before a divorce if the father does not support the child and does not live with the family at all. We are talking about the father, because in the vast majority of cases he is the payer.

Don't know your rights?

In addition, we must remember that mandatory alimony is related specifically to paternity, and not to marriage. Thus, even if the child’s parents were never husband and wife, alimony can always be collected. How to apply for alimony in this case? Here you will need to meet one of the following conditions:

  • or recognition by the child’s father and a corresponding entry made in the registry office;
  • or establishing paternity through the court (See. How is paternity established (recognized) in court?)

Let us note that if it is simultaneously decided how to establish paternity and how to apply for alimony, it is not the magistrate who should deal with this matter, but the district court.

How to write a statement of claim?

Collection of alimony through the court requires filing a lawsuit. The requirements for filing a claim are set out in Art. 131 Code of Civil Procedure of the Russian Federation. According to its rules, the claim must be submitted only in writing and must contain:

  1. The name of the court (for magistrates - the court district) to which the document is submitted.
  2. Indication of the names and places of residence and registration of both parties - the plaintiff and the defendant. It is highly advisable to indicate both if one of the parties does not live at the place of registration. This is necessary to ensure that court documents (summons, rulings, etc.) arrive correctly at the correct address.
  3. Description of the essence of the matter. In relation to the question of how to apply for alimony, it must be indicated that the defendant is the father of the child, but does not voluntarily support him, did not enter into an agreement on payments, therefore, alimony must be collected in court.
  4. Proof. Here you need to indicate how paternity is confirmed, if there was no marriage (in marriage, any child is considered to be descended from the woman’s husband, unless otherwise proven), whether there was a marriage and when the divorce took place (if it took place), etc.
  5. Actually the requirements.

In addition to alimony, the statement of claim can demand the recovery of legal costs (for example, for drawing up a claim, if it was ordered from a lawyer or a law firm), as well as state fees. Child support claims themselves are not subject to a fee (more precisely, the defendant pays it after the decision is made), but if other issues are resolved at the same time (about divorce, establishing paternity, division of property, etc.), then you will have to pay in the amount established for the corresponding category of cases.

What documents are attached to the claim?

TO statement of claim You will need to attach copies of the following documents:

  • child's birth certificate;
  • marriage registration certificate, if the marriage was registered;
  • certificates of divorce, if the divorce has already taken place;
  • a certificate of income of both parties (if it was not possible to obtain a certificate at the defendant’s place of work, you can ask the court to request it in a lawsuit or a separate petition);
  • certificate from place of residence;
  • powers of attorney if the claim is filed by a representative.

This is a sample list. How to apply for alimony in complex cases and what other documents may be required must be found out separately. It is best to consult a lawyer about this.

What to expect from the court?

After the claim and copies of documents are filed (in person at a reception at the court office or by mail), you need to wait for a response. The answer could be:

  1. A determination stating the acceptance of the case and the date of the hearing.
  2. A determination that the claim is left without progress. It is issued if the application was submitted with violations. These violations will be listed and a time frame within which they must be corrected will be given.
  3. Determination to return the claim. This happens if such a claim has already been filed before or the case simply cannot be considered in this court. In addition, the claim is returned if the application is not signed or signed by a person who does not have the right to submit it (in relation to the collection of child support - not by the mother or not by her representative by proxy). In this case, you must either file a claim in another court or appeal the ruling to a higher court.

If the claim is accepted, then the question of how to file for alimony can be considered resolved. All that remains is to figure out how to win the case in court...