Support filing process

If both parents are responsible enough, they can make their own support agreement. At its conclusion, at least 3 people must be present: recipient, payer and notary. The latter must certify the contract, after which the agreement becomes an executive document.

If the payer violates the conditions, then this will be the basis for applying to the notary for an executive inscription and then to the bailiffs for enforcement. When the rights of children are infringed in the agreement, that is, amounts less than those that would be determined by the court are prescribed, then such an agreement is considered invalid. nine0016

What is the basis for applying for maintenance? It is legitimate if a person who is obliged to do this voluntarily refuses and evades his social duty. Or even with voluntary payment for the maintenance of the child, if the agreement is not executed and notarized by a notary (or there is no confirmation of what the amount of payments under this agreement should be).

If it is a question of challenging or establishing maternity / paternity, you need to apply to the district level court with a statement of claim for legal proceedings. When no complicating points are foreseen in the case, then you need to apply to a world-class court with an application for a court order. The plaintiff does not pay any state duty for this service. It will be paid by the defendant after receiving a court order or decision on the trial. nine0007

In simpler cases, when all the children are legally capable, the defendant has not yet had time to refuse or evade his duties, an application for a court order is written. In the presence of debt, malicious refusal or evasion of the second spouse from obligations, a lawsuit is filed, involving a trial. This also applies to situations where there are disabled children, third parties concerned, and any other complicating moments.

List of documents for child support

When filing documents for alimony by court order, first of all, an application is made. It also requires a calculation - how much is expected to be paid from the defendant. The plaintiff must sign it and make copies for the defendant and each third party involved. The following set of documents is attached to it:

• at least 2 copies of the application: one copy is needed for the judge, the second defendant, and one more for each of the third parties, if they are present in this proceedings; nine0051
• certificates giving the right to collect funds: marriage, divorce, birth and their copies;
• extract of information on housing records and certificates of income of each family member with such.

The mandatory list can also be accompanied by written confirmation that children have chronic, severe or frequent illnesses, the need for more expensive maintenance. Also in place here will be confirmation of how much the amount of expenses for a minor has already been made, primarily for his basic and additional education. All this must be submitted in 3 copies - in the case file, for the defendant and for the plaintiff. nine0016

The form of an application for a court order is determined by Articles No. 124 and No. 126 of the CPC (Civil Procedure Code):

1. The address and name of the court must be indicated in the header of the application. Information about the plaintiff and defendant, full name and address is also required.
2. Then the requirements for the payment of funds for children are presented in detail and justified.
3. After that, the evidence that has documentary evidence in the annexes to the application is listed.
4. Below is a list of documentary attachments that are submitted with the application. nine0051

The result of the work of the court in this form of office work should be a court order for alimony. The court order must be issued no later than 5 days after the filing of the application. In case of a positive decision of the court, alimony will be calculated from the date of receipt of the application. It gives grounds for immediate recourse to bailiffs.

The Respondent may file a response objection within 10 days. And then the judge will be forced to cancel the order, about which he will have to inform both the plaintiff and the defendant within 3 days. The next step to receive child support can only be filing a claim. nine0021

The claim differs from the application for a court order only in the presence of information about non-fulfillment of monetary obligations in relation to children. It should also indicate the price of the claim - the total value of financial claims. The statement of claim itself and all attached materials must be in 3 copies. If clarifications are needed for any documents, then they must be done in writing. The term for consideration of alimony claim is up to one month.

The set of attached documents for the proceedings differs from the list required for the court order only in the presence of evidence of refusal or evasion of the other parent from providing for the children. Depending on the circumstances of the case, a certificate of incapacity, evidence of the material interest of third parties may be required. The interests of all the defendant's children are taken into account, and not only those on whom alimony is required from him in this case. nine0007

By a court decision, money not paid for children for the previous period of up to three years can be returned. This requires evidence of attempts to find the defendant or negotiate with him during this time. Or confirmation of concealment of income, evasion from helping a child. Registered notification or e-mails, telegrams are accepted as evidence.

After receiving the court decision, the plaintiff can immediately transfer it to the bailiffs to collect the debt from the alimony. nine0007

How much alimony is due

How much will be paid depends on the financial well-being of the plaintiff and the defendant, as well as the number of children. If there is one child, then ¼ of the income is withdrawn, if there are two, then 1/3 . When maintenance is required for three, four or more children, the defendant is awarded a payment of ½ from monthly earnings.

Reducing or increasing these shares is possible. Such court decisions are influenced by such factors as the total amount of property and income level, marital status. The main criterion for the judge is that the child must maintain the level of security that was before the moment when the parents separated. nine0007

Only the payment of a share of income is ordered by court order. After the trial, it is possible to recover a certain amount. This is done in case of debt or concealment of the full amount of income, when the prescribed share of official earnings is too small to ensure a normal standard of living for the child.

The procedure for issuing child support is regulated by the Family Code of the Russian Federation. The process of transferring money itself depends on the agreements between the parents of the minor and the sources of income of the payer. In order to do everything right and not infringe on the interests of the child, we recommend contacting a lawyer who specializes in alimony payments. nine0007

How to file child support

The law has strict procedures for filing child support. Depending on the agreements between the spouses and the method of obtaining income by the alimony payer, various methods of obtaining money for a minor are used. The Family Code provides for only 2 recovery options:

1. In a judicial proceeding - the court may decide to issue alimony in a fixed amount of money or in shares of income.
2. Based on a voluntary agreement between spouses. The agreement reached must be certified by a notary.

Another option is to transfer child support on a voluntary basis. Parents themselves can agree on a certain amount, which one of them will transfer to the other for the maintenance of the child. Such an agreement is usually not recorded anywhere, and then the fact of its existence is almost impossible to prove. If the alimony payer changes his mind about paying or pays less, then you will have to go to court. The best option is to sign a written agreement and have it notarized. nine0007

Usually, the choice of recovery option depends on the financial stability, the health and age of the child supporter, and the needs of the child. For example, child support for a healthy child and a child with a disability will be different. This is due to the latter's need for additional care, medicines and rehabilitation.

Such expenses must be borne by both parents. When alimony is issued through the court, the judge takes into account the individual characteristics of the case. With a notarial agreement, the notary records only the agreement reached between the parents of the minor. But with voluntary payments, everything is on the conscience of the alimony. nine0007

Alimony through the court as a share of income

According to Article 81 of the RF IC, alimony as a share of income is collected from alimony with a stable official income. The article of the law defines the following amount: 25% for one child, 33% for two children and 50% for three or more. If the alimony pays alimony for two children, but to different mothers, then the size of the shares is distributed at 16.5% per child, respectively.

Under the income, according to the list approved by Decree of the Government of the Russian Federation No. 841, it is customary to understand: salary, bonuses, interest, pension, scholarship and other official payments. nine0021

To get child support, you need to file an application with the Magistrate's Court. To receive child support, a judge must issue an order. If you need not only to issue alimony, but also to establish paternity or challenge it, the application is submitted to the district court. The District Court also hears cases of termination or invalidation of an agreement on the payment of alimony.

Based on the application, a court order is issued. However, on the basis of a court order, alimony is collected only in shares of income. (paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56). The court order is issued within 5 days from the date of receipt of the application, without calling the parties (Article 126 of the Code of Civil Procedure of the Russian Federation). The judge sends a copy of the court order to the alimony. nine0007

Alimony has the right within 10 days from the date of receipt of the order to appeal against it. After 10 days, if no objections are received, the judge issues a second copy of the court order to the recoverer or bailiff.

Alimony through the court in a fixed amount of money

Alimony in a fixed amount of money is collected on the basis of a court decision. The judge can no longer consider such a case without calling the parties, a meeting is scheduled. To get child support, you need to file a claim with the court. nine0007

According to article 83 of the RF IC, alimony in a fixed amount of money is prescribed if the alimony has an unstable income. The size of the amount is determined by the court based on the interests of the child. As a rule, the amount of alimony in a fixed amount of money is a multiple of the subsistence minimum per child in the region. The term for consideration of the case is up to 30 days (Article 154 of the Code of Civil Procedure of the Russian Federation). The decision enters into force immediately after the issuance (Article 211 of the Code of Civil Procedure of the Russian Federation).

Application to the court for the recovery of alimony

To obtain alimony, you must submit an application in writing. The application must include the following information:

1. Name of the court.
2. Claimant's details (full name, address).
3. Respondent's details (full name, address).
4. Plaintiff's claims. All requirements must be substantiated and documented.
5. List of attached documents.
6. Signature and date.

From the documents you will need a copy of the passport, a copy of the child's birth certificate, a copy of the marriage or divorce certificate, a 2-personal income tax certificate from work. It will also be useful to have receipts confirming the expenses for the child. When submitting an application, copies will be sufficient, but originals will need to be brought to the court session. nine0007

No state duty is charged in cases of recovery of alimony (clause 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56).

Alimony by agreement with a notary

It is not difficult to draw up an agreement on alimony. To do this, both parents need to contact a notary office. The agreement is concluded in writing. Such a document is not inferior in force to the decision or order of the court. The agreement in the future can be terminated only through the court.

According to Article 103 of the RF IC, the amount of alimony under the agreement should not be lower than the amount of alimony that the court would have collected. Alimony under the agreement can be paid as a share of earnings or in a fixed amount of money. nine0007

Leave the task to the professionals. Lawyers will complete the order at the cost you specify. You do not have to study laws, read articles and understand the issue yourself.

Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.

A child can count on alimony:

• if he is under the age of 18 and has not yet become fully capable by decision of the guardianship or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains; nine0051
• if he is over 18 years of age but has been declared legally incompetent.

One of the spouses can count on alimony if:

• he is in need and is recognized as disabled. This right is retained after the divorce, if the spouse became incapacitated before it or within a year after that;
• wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
• a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I; nine0051
• The ex-spouse is in need and has reached pre-retirement age (55 years for women and 60 years for men) or retirement age before the dissolution of the marriage or within five years after that, and the spouses have been married for a long time.

Also, alimony can be received by:

• disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents; nine0051
• disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
• minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones; nine0051
• incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
• disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive support from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents; nine0051
• social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.

2. How do I apply for child support?

If the parties do not agree on the payment of alimony or the other party refuses to pay them, contact the court in your place of residence:

• to a justice of the peace, if the collection of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
• to the district court - in all other cases.

If one of the parents voluntarily pays child support without a notarized agreement, the court can still collect support from him in favor of the child.

You can file for child support at any time as long as you or the person you represent are eligible. nine0007

The plaintiff does not pay state duty for consideration of the case on collection of alimony in court.

3. What documents are needed to apply for child support?

The child support claim must be accompanied by:

• copies of it, one for the judge, the defendant, and each of the third parties involved;
• documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution; nine0051
• single housing document and income statements of all family members;
• calculation of the amount you expect to receive as alimony. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
• if the claim is not filed by the plaintiff, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, such as a birth certificate.

As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.

4. What is the amount of alimony? nine0018

The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:

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

These shares may be reduced or increased taking into account the financial and marital status of the parties and other important factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If children remain with each of the parents, the court determines the amount of alimony in favor of the less well-to-do of them. nine0007

In addition to a share of income, the court may order maintenance or part of it in the form of a certain amount of money. As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.

Under exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses. nine0007

The amount of alimony is indexed in proportion to the increase in the subsistence minimum (for the population group to which the recipient belongs).

As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.

5. Who can not pay child support?

Parents are required to support their children after birth until the age of 18, unless the child is married or emancipated earlier. Parents must support the child, even if he does not need material assistance. Disability of parents, recognition of their incapacity in court or deprivation of parental rights also does not relieve from this obligation. nine0007

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How to get child support

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The answer to question how to issue child support depends on whether an agreement has been reached on their payment or not. When mutual understanding is reached, child support can be issued voluntarily without trial through a notary by concluding an agreement on the payment of alimony. nine0007

In the event that an agreement is not reached, child support will have to be issued through the court. In the absence of a dispute, alimony for minor children is issued by court order through the Magistrate's Court. If the court order is canceled or alimony is collected in a fixed amount of money, then you need to file a statement of claim with the district (city) court at the place of residence of the plaintiff or defendant. You can figure out how to arrange child support on your own or with the help of a lawyer or a lawyer. nine0007

How can I get child support without going to court?

Upon reaching mutual agreement, the parents have the right to issue child support without a trial by concluding an agreement on the payment of alimony. The agreement on the payment of alimony is concluded in writing and certified by a notary. You can draw up an agreement yourself, and then contact a notary for certification. The amount of alimony for the maintenance of a child is established by agreement voluntarily, but cannot be lower than that collected through the court. An agreement on the payment of alimony certified by a notary has the force of an executive document and can be presented to bailiffs or his employer for collection without a trial. Enforcement proceedings are initiated by the department of bailiffs at the place of residence of the debtor. nine0015

How to get child support through the court?

You can issue alimony for the maintenance of minor children through the Magistrate's Court in the order of writ proceedings. To do this, an application is filed for a court order for alimony. If the debtor receives objections to the Magistrate's Court within 10 days after receiving a copy of the court order, the court order will be canceled. Further, it will be necessary to issue alimony for minor children in the order of action proceedings through the district (city) court. At the same time, alimony for the maintenance of children can be issued at the choice of the recoverer in court both at the place of residence of the debtor and at his place of residence. nine0007

If the court order is canceled or it is necessary to recover alimony in a fixed amount of money, then it is required to file a claim for the recovery of alimony in the district (city) court. Alimony for the maintenance of minor children can be issued in a fixed amount of money or simultaneously in shares and in a fixed amount of money, if the payer has a fluctuating income, income in kind or in foreign currency, or he has no income. It is possible to issue alimony for an adult disabled child through the court only in a fixed amount of money. nine0007

A court order or a court decision on the recovery of alimony is subject to immediate execution. After the issuance of a court order or a court decision on the recovery of alimony, a court order or writ of execution is sent to the bailiff to initiate enforcement proceedings. In addition to a court order and a writ of execution, an agreement on the payment of alimony has the force of a writ of execution. An application for initiation of enforcement proceedings, together with a writ of execution, is submitted to the bailiff department at the place of residence of the debtor. Also, a writ of execution may be submitted to the accounting department of the debtor's employer. nine0007

How to arrange child support for the father?

In the case when the mother of the child has withdrawn from the upbringing and maintenance of the child, the father has the right to issue alimony in his favor if the child lives with him and is on his maintenance. The procedure for issuing alimony by the father of the child does not differ from that set out above. At the same time, the father must provide reliable evidence of the removal of the mother from the maintenance and upbringing of the child. For example, evidence of separation, antisocial lifestyle of the mother, certificates from children's and educational institutions, etc. nine0015

Remember! A thorough understanding of how to issue child support may require a good knowledge of family law, experience in litigation and enforcement proceedings. Before making alimony for the child, we recommend that the father and mother contact an experienced lawyer or lawyer. Preliminary legal advice will help you figure out how to arrange child support voluntarily and through the courts.

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