Whatever strong and happy family, she is not insured because in the future it can break free, and the mother with a child or children in their arms will remain alone. Any mother is very difficult to educate and keep the child in our time, and if there are several of them, the task of content and education becomes simple.

Fine when the Father, no longer living in the family, continues to help, but this happens, unfortunately, it is extremely rare. Then the mother's mother remains only to rely on legislation, which offers to accumulate from the father of children (child). How to apply for alimony?

Dimensions and methods for the recovery of alimony

The law establishes that they are paid to children by the time they have achieved majority. As a rule, they can have the following forms:

• monetary form - When the parent has no permanent earnings, also if it is unstable or lists funds in foreign currency;
• installed percentage of its income - If there is a constantly unnecessary earnings of the parent, the child has the right to his quarter, two children - by a third, and three and more - half the income of one of the parents.

There are two ways to recover alimony:

1. Voluntary payment

When parents agreed peacefully and one of them agrees to pay for alimony, the agreement is being written in a notary, in a certain form and there is also wound in the manner prescribed by law. This order and methods of payments are prescribed only in the presence of both parties.

Of course, the size cannot be less than thatwhich would be defined in judicial order. If you wish one of the parties, over time, make some changes to the agreement, all related procedures, are notarized also. You can only terminate the existing agreement through the court.

2. Judicial payment

The most common way. In court can serve that parent with whom the child lives. Parent writes at the appearance of the judge statement of claim Or refers it by mail, and for his viewing pays state duty and waiting for the court decision.

From the moment of joining judicial decision By virtue, the parent receives an executive list and delivers him to the service of bailiffs, which are followed by the order of payment of alimony by the defendant.

Instances where documents are submitted for alimony:

• district Court - where paternity is most often disputed and determined, genetic examination is carried out;
• the world court is a simplified procedure, where the application for the issuance of a judicial order is written, the presence of both parties is not required, with an unspecified paternity;
• bailiffs Service - Write an application for recovery, but at the same time do not know the place of work of the defendant.

Alimony without divorce (married), divorce and cohabitation

Consider the most common situations leading to the payment of alimony.

Married

How to file on alimony without divorce? Such parents who do not give their sails money and live in legitimate marriageToday, many.

What can be taken in this case? First, to get an alimony, you need to try to agree on a voluntary basis, but if it did not work out - then, most likely, you will have to go to court, and then apply for a divorce.

About the very procedure for collecting alimony - see above.

Divorced

The procedure does not differ from the procedure when the parties are married (without divorce). The only thing that after the divorce, except the baby, alimony can also get one of the spouses.

Persons with such a right:

• former pregnant wife who became pregnant, still married;
• one of the spouses who brought up for the first three years common child;
• one of the spouses, who cared to the most adulthood for the common child-disabled group of the group 1;
• one of the disabled spouses, which has become during the marriage or a year after the divorce;
• one of the spouses pension age or a disabled person 1, 2, 3 groups after a divorce for 5 years or married life more than 10 years.

In cohabitation (civil marriage)

All the kids who are born in cohabitation have the same rights as those that are born in legitimate marriage, but only if they are recognized and have a father established by the law. If the Father disputes its paternity or is not installed, expensive forensic genetic examination is carried out.

What documents do you need to apply for alimony?

If the father refuses to pay the alimony voluntarily, in order to recover them from it, you need to file a claim in court. But for this you need to know exactly how to make it correctly, and what documents are needed for this. Duration judicial trial It will depend on how you correctly made a statement.

To submit to the court of claim in it, you must specify:

• the name of the court in which the statement is filed;
• the name of the plaintiff, the defendant and the name of the representative of the plaintiff (if a representative is filed);
• data about the residence of the parties, phone numbers (if any), zip code;
• claims and their rationale;
• specifying evidence and references to them;
• list of documents attached to the application;
• the amount of recovery on the application (in lawsuit).

List of adjacent documents:

1. a copy of the marriage certificate;
2. a copy of the divorce certificate;
3. a copy of the birth certificates of common children;
4. a copy of the plaintiff's passport with registration and marriage registration mark;
5. a copy of the passport of the respondent;
6. certificate of income of the parties;
7. help about the defendant's location.

These are the main documents, but sometimes it may be necessary for some more information about the child itself, which will be paid to the alimony, this is: the place of study, health, disability (if any), mother's income and place of its work.

The statement of claim and documents are submitted to the district court at the place of residence of the Father (respondent).

There are cases when the plaintiff's mother does not have information about the revenues of the defendant and the references that confirm them, then in the application it is indicated by its place of work.

Submission of the claim for alimony via the Internet

There is a possibility of filing a claim via the Internet, which will save your time and money, after you register on the electronic government portal, receiving an electronic digital signature.

Payment of alimony is a way of financial regulation of family relations without the use of public resources. In fact, it is allocated to a solvent citizen to accommodate and the maintenance of a family family (one or more).

In connection with the disappointing statistics of the dissolution of marriages, the most relevant reason for the payment of alimony is precisely divorce. Moreover, it is not limited to financial proceedings between the two former spouses if they also have common children.

In the Family Code of the Russian Federation, it was enshrined that after termination of the marriage, the responsibilities for the maintenance of the child are preserved for both parents, and, if one of the parties evade them, it is necessary to establish an agreement on the conditions for payment of alimony in the order of negotiation. Only after the adoption of such attempts to solve the conflict on the household level and, nevertheless, the lack of consent between spouses makes sense to apply for alimony.

The court classifies the procedure for paying for a number of criteria, namely:

• according to family status;
• by payer;
• by social Regulations payer and recipient;
• in the number and age of children;
• by way of accrual.

When specific situation Considered for all of the above items, it becomes possible to determine who, how long and in what order will be charged after submitting to court to alimony.

In what cases is it possible to apply for alimony?

The question of how to file for alimony, most often becomes pressing immediately after the divorce. Thus, the bulk of the child care duties remains fixed only at one of the parents. Accordingly, the second of former spouses It is obliged to pay alimony in order to balance its contribution to the development and maintenance of the child.

Attention! Without registration of divorce, the feed for alimony is also possible for spouses living together and apart, the procedure for the purpose of paying will be identical if it is possible to prove that one of the parents evade their responsibilities against minor children.

It is also established that to decide in court the issue of payments to the maintenance of the child have the right to employees of the Minor protection service. The need for such a submission to alimony, when children do not contain both sides of marriage at the proper level, consciously evading legitimate parental duties.

How to submit to alimony in marriage

The procedure for submitting documents is somewhat more complicated in that situation when the marriage is officially decorated and did not terminate. IN this case The court in compulsory provides financial assistance in keeping a child from one of the parents. Such a submission to alimony requires the provision of testimony that one of the spouses really shy away from execution family duties, refuses to take part in the financial support of his own children.

If marriage was not registered

Together with other documents, which will later have to apply to court, provide a child's birth certificate, where the father's data is indicated. If such information does not mean there, you can present a number of facts that prove the paternity, right up to the results of the forensic medical examination.

Claim and ordinary procedure for consideration by the court

The claim method for the alimony is relevant, if the parents failed to come to a mutually beneficial agreement in peaceful way, in this case the court instance is involved in solving the conflict. The case is considered in the open process, the parties can convey their positions and their justifications to court.

Important! In addition to the appointment of the amount of monthly alimony, it is possible to indicate the need to compensate for funds spent on childbirth, the treatment of the child, its content, etc. Funds can be accrued for the previous 3 years if the financial assistance did not turn out throughout this term

At the same time, the debtor has the right of 10 days from the moment of filing the application to send a counter-claim to the court. If this does not happen, the case is sent to further consideration. The term of court proceedings is 1 month. With a positive decision, the bailiff sends a decree to the accounting department at the place of work of the defendant, if the employment is absent, the need for the payment of the respondent notifies the bait.

Ordering order is the appointment of alimony by the court decision, without challenging the claims of the defendant. Effectively when the circumstances of the case do not require explanations, and the evidence of the fact of evasion from the financial support of the child is impossible. The decision is made within 3-5 days on the basis of documents provided together with the statement.

The ordinary procedure implies the deductions only on the equity scheme, that is, in the form of percent of all types of revenue of the defendant. In accordance with the data of Article 81 of the RF IQ, this is 25% per, 33.3% for two children and half of income on three and more.

Where to contact?

Submission to alimony and all the accompanying procedures are written in detail in the family and civil procedural Codes of the Russian Federation, as well as Federal Law "On the enforcement proceedings."

The most humane and diplomatic solution to the problem is the negotiations of both parties, the result of which is the signing of a notarial agreement on the procedure for the maintenance of common children. However, it is not always constructive and civilized to make decisions within the framework of the conflict. Therefore, if with a mutual agreement, concluded in a notarial manner, the spouses did not work out, as a rule, one of the parties proceeds to radical measures.

In the course of solving such issues, the court in Russia is guided by a number of principles:

• equal rights of all children of one parent to receive from him financial assistance;
• equal responsibilities of both parties in the content of their juvenile children;
• the obligation to solve any court in the state of the state on the payment of alimony;
• independence of parental duties common child from the fact of his birth in marriage or outside it;

First of all, the spouses need to decide which exactly the court should apply for. Article 23 of the Civil Procedure Code of the Russian Federation registed that in the case when we are talking Only about the procedure for collecting alimony, and the question of further registration of children is already resolved, the process of filing to alimony should be carried out in the world court.

In this case, the judge can determine the amount of payments only in the share of the defendant's profits. The application for alimony into the world court has its own frameworks, the presence of which is not always beneficial to both parties or at least one of them.

If not yet determined where the child will be accommodated, it is worth a regional judicial institution. It is also necessary when paternity should be installed simultaneously during the proceedings. If the submission to the alimony is carried out in district CourtThe plaintiff has the right to apply both on its own place of residence and at the address of the defendant.

Required documents

Before applying for alimony, copies of the respondent passports and the plaintiff, the child's birth certificate, as well as the marriage certificate (concluded or terminated). In case of unregistered family Union It will be necessary either to attach paternity paper, or to collect evidence of this fact for the proceedings process. If the couple still lives together, it will be enough to make a certificate about the family composition at the place of residence, visiting the housing and operating enterprise.

After that, according to the requirement of the Code of Civil Procedure of the Russian Federation, it is necessary to make a document where the amount required for payment as an alimony will be indicated and justified. Costs are desirable to back up, attaching relevant receipts, checks, receipts. In this way, the costs of the maintenance of children will be officially confirmed and allowed to adjust amounts as the child grows.

In addition to the claims, it will be necessary to consider the financial capabilities of the defendant. This can be done by writing all its official and informal sources of income. The court can determine the adequate amount of payments for each specific situation.

This stage of paperwork required for filing to alimony is especially important if the defendant is dealing with irregularly varying income, and it is advisable to proceed from the percentage of monthly profits, but from a fixed amount. However, the plaintiff should try to achieve a mixed order of accrual of payments. So he will be able to be reinforced from possible unforeseen drops in the income of the defendant.

In the case of feeding to alimony from the present, the above papers should be sufficient. But if the appeal to the court occurs in order to recover the debt, the existing property of the defendant will also need to list. If the debt for alimony is too large, an arrest is imposed on the movable and immovable property of the defaulter.

When all documents are collected

It is necessary to prepare a statement, together with which they will all be transferred to the judicial authorities. In accordance with Art. 131 Code of Code of Civil Procedure of the Russian Federation to submit to alimony in a statement must be indicated:

• the full name of the judiciary;
• F. I. O. and data on the place of residence of the plaintiff and the defendant;
• statement and substantiation of the claims of the claimant;
• concomitant evidence;
• clamping the amount of alimony.

Before you have a shaped package of papers in court, you will need to pay state duty For filing an application for the recovery of alimony, attach the receipt of its payment. Such a procedure was necessary in early 2015 according to the Tax Code of the Russian Federation (333.19).

For 2018, the size of the duty in the recovery of funds for the maintenance of children is 150 rubles, while the alimony also increases this amount twice. Sometimes the size of the state fee varies depending on the claim itself.

For example, in the case when the submission to alimony implies the recovery of financial compensation over the past period. It is worth noting that the Tax Code of the Russian Federation frees the plaintiff from the duty. Thus, responsibility for these payments in full size falls on the defendant's shoulders.

Procedure for submission to court

When all information confirming the fact of non-participation of the parent in the content and education of the child is collected, and the statement is issued in the appropriate format, the plaintiff sends documents to the world court at the place of residence. Critical difference whether this state authority will be at the address of the defendant or the plaintiff is not. Three identical instances of the documentation package are needed.

Many people think where to submit for alimony. And on what can I count after incarnation of ideas in life. Next we will explore all the nuances aliminal obligations in Russia. What features of the process can be encountered? Who and who will pay? In what sizes? Answers to all listed issues will be easily found in the current legislation.

On definition

First you need to figure out what they call alimony. So describe the monthly payments of certain sizes that are intended to be disabled and in need relative.

That is, aliminal obligations are the provision of family members. Most often they take place in relation to minor children.

Who has the right

Where to apply for alimony? There is no unambiguous answer to this question. After all, it all depends on the desire of a modern citizen.

But you can answer who has the right to financial support. The main categories of recipients include:

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

Sometimes there are alimony on grandparents, brothers and sisters, but these are extremely rare options for the development of events. Therefore, we will not talk about them.

About methods of destination

Where to submit for alimony? The answer depends on the situation. The fact is that the financing of needing relatives in Russia is allowed different ways. And they depends on the authority that accepts requests for the purpose of the payments of the type of type.

Today, alimony can be paid:

• on a court decision;
• voluntarily;
• according to an alimony agreement.

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

Marriage and alimony

Is it possible to submit to alimony in marriage? The current legislation admits such an alignment. Moreover, in Russia it meets more and more.

Spouses may require in the case of their disability of financing from her husband or wife, even without divorce. And the alimony for children is also requested not only when the marriage is dissolved.

Former spouses also have the right to finance from her husband or wife. But at the same time, from the moment of termination, marriage should not pass more than 5 years. Otherwise demand material support will not work. This is possible only if the court recognizes former relations long-term.

How much to pay

How do they submit to alimony for children or on yourself? The procedure will be considered later. To begin with, get acquainted with all the features of aliminal obligations.

How much will you have to pay in a case? Alimony can be assigned:

• in a solid amount;
• as percent of the salary.

In the first case, not only the income of the payer will be taken into account, but also the subsistence minimum settlement. If the appointment of alimony on children occurs, the second calculation scheme is most often used.

1/4 From Profit Citizen pays for one child, 1/3 of earnings - for two children, and at least half of the income received - if you have a payer at least 3 minors.

More exact information Dast only judicial authority. He will explore all the proposed materials and set the size of the alimony.

Basic host body

Where to apply for alimony? This question is bothering almost every potential recipient of money.

Best of all, as we have already found out, contact the court. It is necessary to apply for the appointment of alimony into the world judicial authority. You can contact both in relation (what is not recommended) and at the place of registration of a potential payer.

Where else have assistance

This is only one of the possible layouts. Where to put on the alimony yet?

Modern citizens may seek help in the IFC and in the "My Documents" service. There often help to apply for alimony.

In addition, the request is allowed today over the Internet. For example, with the help of the Portal "State Service". But this reception has not yet enjoyed special demand.

Terms of consideration

How to apply for alimony? Step by step about this process we will talk below. But before this, we find out how quickly in court will react to a particular request.

The term for consideration of the claim for aliminal issues is about 5 days. After receiving a court order, you will have to wait another 10 days. During this time, the payer may apply with objections to appeal.

Step by step about the process

We found out where to submit to alimony. Now you can step by step to consider this operation. Usually it does not cause any problems.

The guide 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. Create a claim for the appointment of payments. It will have to justify your requirements.
3. Submit a request to the world court.
4. Participate at the court session.
5. Get the approval of the established sample in the hands.

Most. complex stage is the first step. Is it possible to submit to alimony in marriage? Yes, the list of necessary securities will be more easier for this. But after divorce, the spouses have the right to financial support. Especially during stay on leave to care for a common child.

Basic list

What documents to submit to alimony? As already mentioned, the packet of papers is changing. It depends on concrete circumstances.

No compulsory from the applicant will require:

• passport;
• documents confirming kinship;
• statement of claim;
• certificates of income of the potential payer;
• evidence of the legality of the requirements;
• certificates of property rights to the property of the future alimer.

Reliability documents include certificates of concluding and termination of marriage, about birth. Adoption paper also take place. Children, whose relationship with the Father is not proven, cannot count on financing. First, the mother will have to confirm the paternity. In any case, this is necessary if the defendant is not in the child's birth certificate as a father.

Other documents

How to apply for alimony? Step-by-step instructionrepresented by our attention will help embody the idea of \u200b\u200blife. But we have not yet fully found what papers are required to submit the claims of the established form.

In addition to the listed documents, they are requested:

• disability certificates;
• documents with registration (in particular, children);
• certificates of family composition;
• petitions about the recovery of documents.

The last paper is needed to those who cannot get certificates about the income of a potential payer.

Proof of

How do they submit to alimony for children? Answer this question is no longer difficult. Quite often, when appointing alimony or when they are adjusted, the parties have to prove their views. All of them must somehow confirm.

For example, can be useful:

• court decisions on previously appointed alimony;
• any photos, video, audio materials and correspondence of citizens;
• checks and receipts confirming costs.

It's all. In exceptional cases, certificates of deductions in the FIU and the results of the DNA test can be useful.

Notaries

Can a husband submit to alimony? Yes, each spouse has such a right. But this alignment in reality is rare. Usually, husbands are engaged in providing a family, and wives are care for children. Therefore, a woman prove the fact of disability easier.

Where to apply for alimony? If you want to solve the question peacefully, you can not hurry to court. So people are better to contact the notary. Any notary office is suitable.

What to do? Conclude a peace agreement on the payment of alimony. As a rule, all previously listed papers are applied to the contract. But in this case, the Agreement will have to treat separate attention. The document is prescribed all the features of the execution of aliminal obligations. Including the amount of payments and their indexation.

After signing the established form of the established form, the notary can simply wait. The payer will have to fulfill its obligations. Otherwise, the recipient will have to go to court. How to apply for alimony? We have already said about this earlier.

Increase and decrease

Under certain circumstances, alimony may increase and decrease. To do this, this or that side will have to be filed with an appropriate request. Of course, it must be confirmed. Otherwise, the request will be rejected.

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

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

In practice, the decrease in alimony 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 to index payments.

About exemption from obligations

Answer how to sue alimony, not so difficult. Certain 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 there are no such sanctions in Russia that would strongly scared the debtor on alimony.

You can free from the commitments under study. For example, for the following reasons:

• changing the status of the female payer or money recipient;
• death of one of the parties;
• onset of majority;
• obtaining emancipation;
• adoption of a child with another person;
• employment of a minor to a good, highly paid job;
• maintaining a child entrepreneurial activity.

How to apply for alimony? This operation has already been said. And how to get rid of obligations? This is done in the same way. Usually the initiative comes from an alimenter. He turns to court with a lawsuit and makes evidence of its position.

How do they submit to alimony for children? Parents must be needy and disabled. If these conditions are not observed, then it is not possible to claim for funding from children. Disprove the fact of needs.

RESULTS

We found out where to submit to alimony. All features of this operation were fully studied by us.

From now on, everyone can embody the task of life. Where to submit for alimony? It is better to refer to the notary and peacefully settle this question. Otherwise, only the world court will help.

Parents are obliged to contain their children to the age of majority. If someone from the spouses does not have a desire to take care of her child, the affected party can file a lawsuit in court. After the trial, the defaulter will oblige money for children.

In which cases are submitted to alimony

According to the legislation, parents should help their minor children. True, the alimony is obliged to pay the alimony, which voluntarily does not agree to contain his relatives and assist them.

Definition

Alimony is the material support that one of the parents should be provided according to the law to its children.

Such legal relations arise according to the court order or on voluntary agreement. Responsibilities for the provision of children are governed by the norms of the Family Code.

Such obligations Discludred: Their payment does not imply some compensation or feedback. Material aid Pay to the child to his representative.

The most common practice: both parents conclude an agreement on a voluntary basis. It is certified by a notary. It stipulates the amount of assistance (not lower than those proposed in Article 81 SC), deadlines and responsibility for delay. The document is drawn up according to the norms of the Civil Code. Lies - B. writing. Subsequently, it can be changed and even dissolved, but only according to the general agreement.

Alimony can be paid according to the court order. To obtain it, a lawsuit should be applied to the court or a statement on making a court order to the world court at the place of registration of one of the parties to the conflict. A similar procedure is resorted if someone from relatives categorically refuses or simply does not want to contain a child.

Feed order

The magnitude of financial assistance to the child is always individual. It is appointed for each specific occasion according to the norms of law and parental earnings.

How to submit for alimony:

• collect all information about non-payment income;
• calculate how much money goes every month to the child;
• initially, to propose to sign a voluntary agreement;
• in case of refusal - write a statement to court.

Payment methods:

• fixed value;
• as a percentage of income;
• transfer of property rights to property;
• one-time payment of the entire amount;
• another convenient way.

Alimony can be recovered in order:

1. Of claim (chapter 12 of the Code of Civil Procedure).

This type of trial is relevant in the case of:

• if you need to recover from your parent in solid monetary sum or part in a solid monetary amount, and a part in the shares of the income of the alimony-payer;
• if the recovery of the laid content is conjugged with the establishment of paternity, deprivation or restriction parental rights, as well as with a termination or invalidation of an agreement on the payment of alimony;
• if the parent parent is already paying alimony to another person;
• if the applicant wants to recover the material support for the child for the period before appealing to the court;
• if the debtor objects regarding the execution of a court order.

1. Order production (Article 123 of the Code of Civil Procedure). It happens in other cases and in the absence of a different dispute about the right.

Where to provide an application

If the parent refuses to provide his children, the other party has the right to go to court and file a lawsuit either.

In order of ordered proceedings, a statement is filed by the world judge on the issuance of a court order. The statement of claim should be brought to court to the name of the magistrate. In both cases, the application is submitted at the place of residence of the applicant or the defendant.

Financial assistance is intended for children. Only the person with whom the child lives at a particular moment.

What is indicated in the application:

• court name, address;
• personal data of each of the parents;
• description of requirements, justification according to the norms of the law;
• evidence base;
• the magnitude of the required alimony;
• list of documents.

What documents are submitted to court

What is needed for the trial:

• statement;
• marriage / termination certificate;
• photocopy of passport;
• information about the number of the debtor's family;
• certificate of income of the debtor;
• information about the property available in the debtor;
• help with work confirming the lack of deduction in other executive sheets;
• calculation of the cost of the child.

If you are submitting a statement, then you need to immediately form three sets of documents: for yourself, judges and the defendant. This applies not only to the statement itself, but also an application to it.

Documents required for voluntary agreement

Documents for compilation voluntary agreement:

• passports of both parents;
• certificate of birth of a child;
• divorce document;
• family quality certificate;
• income information;
• information about the availability.

The voluntary agreement must be certified by a notary. Only after this procedure it becomes legal. The signature of the notary guarantees the right distribution of obligations between each of the parents.

How to properly file a claim for a fixed value

Every month you can pay a fixed amount of money on the child (firm summary). This decision is made by the court in the order of claim. To get it, you need to correctly create a lawsuit and be sure to indicate that payments should be carried out in a fixed value.

What is the statement of:

• court name, address;
• who intended assistance;
• justification according to the norms of the law of the fixed amount;
• requirement to assign payments in a specific amount;
• list of accompanying documents (checks, receipts about buying children, etc.).

When assistance in children is fixed:

• with non-permanent income;
• earned paid in kind;
• the salary is accrued in foreign currency;
• is an IP;
• no official employment.

Fixed assistance is appointed in relation to subsistence minimum On a child installed in the region where he lives. Quarterly, this amount should be indexed in accordance with the provisions of local legislation.

The magnitude of the state duty

In the position of Article 333.36 of the Tax Code of the Russian Federation for those who submit an application for the recovery of alimony, the exemption from the payment of state duty for this action was established.

This is a considerable way in this sometimes difficult struggle for the maintenance of the child in the previous conditions that were before the divorce of parents.

Feed deadlines

At any convenient time You can submit an application for alimony. The period does not take place, which has passed since the emergence of such law. The parent has legal foundation To compensate for half the spending on the child and return the debt unpaid for several years.

Aliminal retention for the last period is carried out within a three-year term. The amount of monthly assistance is assigned on the basis of the claim and the income information provided.

The court order is made after five days from the moment of submission of the application, while all Parties are not required to give the court to the court, and the bailiffs are transmitted in the form of an actuator. But on the claim, the decision is made before the expiration monthly period From the date of receipt of the judge.

Over the next 10 days, the bailiff service must begin enforcement proceedings. Measures to recover an alimony are taken exclusively bailiffs.

If children do not receive money from one of the parents, even after a court order, the re-application for the court is not given. The fact that a relative does not want to contain a child is not a reason for another suit. Re-requirement is supplied if you need to change the size of the fixed value of the help or the method of its accrual.

If the parent does not provide a child for a long time, It is necessary to apply for SSP. If the bailiff does not take some kind of active actions By recovery of funds, you can file a complaint against it to the superior instance.

How can I apply for alimony without breaking

One parents have the right to demand alimony on children, being married.

The reason for appealing to court is the fact that relative for a long time Does not live with your family and completely does not care about your child. To get alimony, you need to collect all the paper, write a statement and go to court.

The procedure for charging alimony

Alimony is charged and paid on the basis of a voluntary agreement or forced according to the judicial resolution. Charged in a fixed monetary amount or as a percentage of the monthly earnings of one of the parents.

How many percent of income is put on children (according to Article.81sk):

• per child - 25%;
• for two children - 33%;
• troy and more - 50%.

Alims are listed on bank card or the recipient's account. The means can translated by the payer itself or accounting of the organization in which it works. The transfer of money is carried out in the presence of bank details of the recipient.

What income is paid alimony:

• basic salary;
• part-time earnings;
• premiums;
• unemployment benefits;
• pension;
• scholarship;
• income from entrepreneurship.

How to pay:

• payment order;
• from a bank card;
• via online banking;
• postal transfer;
• through Western Union, Furious.

How to file a lawsuit in court in case of non-payment

If one of the relatives does not contain your child, the other has the full right to apply to the court.

If the debtor is missingly missing, then the state a year after disappearing and searching events appoints children a pension for the loss of the breadwinner.

What is the statement of:

• court name, address;
• personal information parents;
• essence of requirements;
• list of accompanying documents.

If a person does not pay alimony in time, then he has arrears on this obligation. For each day, the delay is charged by a penalty in the amount of 0.5% of the amount of non-payment. Subsequently, legal performers can pick up all incomes and property of the defaulter in favor of paying alimony.

Procedure for recovery

Forced inspection of funds is carried out with the help of bailiffs. SSP can arrest invoices, find and arrest property, sell property through trading.

If a person has an aliminal debt, it can be attracted to administrative responsibility.

It can be charged a fine up to 20 thousand rubles, arrest for fifteen days. If the defailer has a debt amount of 10 thousand rubles, he may not be allowed to leave Russia. For debts before children can prohibit driving a car and even deprive parental rights.

Bailiffs have the right to block all bank accounts and take money from them at any time. The exception is only social bank accounts on which funds prohibited by recovery are stored. Bailiffs can send debtors to the Employment Center so that they come to register and they first found a suitable job. With unemployment benefits also pay money for the maintenance of the child.

In addition to administrative, there are also criminal liability. She comes in case of malicious evasion of parental duties on material support own children. For such a crime there is punishment - correctional work (1 year) or imprisonment (12 months).

What is the decision of the judge

The solution depends on the type of judicial procedure. Appeals can be considered in a simplified or usual order.

If the applicant provides comprehensive information about the defaulter, indicates the magnitude of all its income, the judge makes a judicial order without trial and challenge into the meeting room of witnesses. The accused understands what is guilty, does not refuse his duties, but does not want to provide his child.

The judge may consider the claim from the plaintiff at a court session, listen to the opposite direction, then on the basis of the proceedings, to endure its ruling. This practice is applied if there is a dispute between both parties, some conflict, the defaulter refuses its duties against the child.

Based on the judge's decision, the executive list is issued. It is transferred to the bailiffs. SSP is obliged to begin the procedure for collecting aliminal funds.

Special cases

If people live together without official registration His relationships, they also have duties to ensure common children. According to the norms russian legislation, Parents must take care of their child up to his age.

If a relative shies away from this duty, the affected party has the right to file a lawsuit. The judge will decide on the basis of which the accrual of alimony will be accrued.

If the birth certificate for some reason is not inscribed real Father, you need to go through the procedure for determining paternity. Positive result It will give all the grounds to recover money from a defaulter through court instances.

Before the onset of majority, parents need to contain their child. This duty is enshrined in the Family Code. If someone from relatives does not comply with the rules of law, it is attracted through the court to justice and the duty to send monthly material content of the child.

Useful video

By family legislationEach parent is obliged to take care of his child before reaching the age of adult. And to do it, regardless of how parents live: together or separately from each other.

If the father or mother of a child who lives separately, evades his duties, parents need to peacefully agree on the payment of alimony. An alimony is the optimal output of the situation, since the parties can solve the row on their own important issues - the amount of payments, their frequency and the order of transfer.

But, often, the parties cannot come to a peaceful decision. Then only one thing remains, submitted an application to the court. To file a lawsuit for alimony in 2018, not only parent, but also a representative of the minor protection service.

As a rule, the application to court for alimony is filed after the divorce of spouses, if the parent residing separately, refused to fulfill its duty to ensure a minor. In this case, it is enough to prove the need to appoint alimony, in the application you need to indicate the following circumstances:

1. Parents do not live together, that is, there is no joint economy.
2. Only one of the parents take care of the child.

But sometimes the application for alimony in court may be required in cases where parents are in. In this case, it is possible to file a claim for payments only in the presence of witnesses that can confirm in court that one of the spouses evades its responsibility for the maintenance of a minor child.

How to apply for alimony if marriage was not registered

The claim for alimony can be filed even in cases where parents were not in a registered marriage. But in such a situation, the mother will need to additionally establish the fact of paternity.

We draw your attention to the fact that Russia's legislation is constantly changing and the information written by us may be outdated. In order to solve you have a question about Family lawyou can contact free consultation Site lawyers.