How to file motion for child support
Child Support Forms | Office of the Attorney General
These forms allow parents, families, and employers to provide the Child Support Division with additional information so we can better serve you.
All child support forms are categorized and linked below as downloadable files. Select the category you need to see the corresponding forms.
- Paternity
- Military
- Paying or Receiving Child Support
- Safety
- Child Support Administrative Review
- Child Support Enforcement
- License Suspension
- Medical Support
- State Directory of New Hires
- Release of Information
Paternity
Parent Survey on the Acknowledgement of Paternity (AOP)
This form is to be completed after the AOP has been signed or a person has declined to sign the AOP.
View the form in English
View the form in Spanish
Application for New Birth Certificate Based on Parentage
The VS-166 - Application for a New Birth Certificate based on Parentage form is used to add, remove, or replace information regarding the parents listed on the original birth certificate. Click on the link to find the form on the Texas Department of State Health Services website.
View the form
Military
Military Affidavit
This form is used as proof to the court that a custodial or noncustodial parent is in the military.
View the form
Paying or Receiving Child Support
Arrears Payment Incentive Program
This form is used by a delinquent noncustodial parent to reduce amounts owed to the State of Texas.
View the form in English
View the form in Spanish
Direct Deposit Authorization Form (1TAC 55.803)
This form is used to set up direct deposit for child support payments.
View the form in English
View the form in Spanish
Request for Warrant Cancellation
This form is used to stop payment on a warrant (check) that has been lost or damaged.
View the form in English
View the form in Spanish
Child Support Review Questionnaire
This form provides the Child Support Division information about a custodial or noncustodial parent when a case review is requested.
View the form in English
View the form in Spanish
Custodial Parent’s Certification of Direct Payments
This form is used to document child and medical support payments made directly to a custodial parent by a noncustodial parent (in any form).
View the form in English
View the form in Spanish
Noncustodial Parent’s Certification of Direct Payments
This form is used to document child and medical support payments a noncustodial parent makes directly to the custodial parent (in any form).
View the form in English
View the form in Spanish
Safety
Request for Nondisclosure
This form is used to report a parent’s safety concerns on a child support case and request the Child Support Division not disclose any identifying information to the other parent.
View the form
Child Support Administrative Review
Request for Administrative Review (1 TAC 55.101(f)(2))
This form is completed by a noncustodial parent to contest a claim of past-due child support and request a review of their case.
View the form in English
View the form in Spanish
Administrative Review - Distribution of Child Support Payments (1 TAC 55.141(e))
This form is used by a custodial parent, who is a current or former Temporary Assistance for Needy Families (TANF) recipient, to request an Administrative Review hearing to resolve disputed issues concerning distribution of payments.
View the form in English
View the form in Spanish
Child Support Enforcement
Notice of Application for Judicial Writ of Withholding (1 TAC 55.111)
This form is used to notify an employer to withhold wages from a noncustodial parent when they have past-due child support.
View the form
Motion to Stay (1 TAC 55.112)
This form is used by noncustodial parents to contest a Judicial Writ of Withholding.
View the form
Employer's Motion for Hearing on Applicability of Income Withholding for Support (1 TAC 55.115)
This form is used by an employer to request judicial determination about an employee’s wage withholding.
View the form
Notice of Administrative Writ of Withholding - (1 TAC 55.116(a))
This form is sent to the noncustodial parent by the Child Support Division to inform them that withholding has begun and to provide information on how they can contest the withholding.
View the form
Request for Issuance of Income Withholding for Support (1 TAC 55 .117)
This form is used to request the issuance of income withholding for support.
View the form
Federally Mandated Income Withholding for Support (IWO) (1 TAC 55.118(b))
This form is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form (provided by the Office of Child Support Enforcement OCSE) is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form is federally mandated for use in IV-D and non IV-D cases. (OMB 0970-0154)
View the form
Notice of Lien (1 TAC 55.
119(a))This form serves notice that a custodial parent has placed a lien on a noncustodial parent’s property for unpaid child support. The lien shows a right to keep possession of property belonging to the noncustodial parent until they pay their owed child support.
View the form
Release of Child Support Lien (1 TAC 55.119(b))
This form is used to lift the lien on a noncustodial parent’s property after they have paid their owed child support.
View the form
Partial Release of Child Support Lien (1 TAC 55.119(c))
This form is used by a custodial parent to lift the lien only on the specific property of the noncustodial parent, as listed on the form. It does not prevent action to collect from other property owned by the noncustodial parent.
View the form
Record of Support Order(1 TAC 55.121)
This form is used by counties to provide the record of support data needed by the state case registry.
View the form
Record of Support Order with Application (1 TAC 55.
121)This form is used by counties to provide the record of support order data needed by the state case registry. Effective September 1, 2021, this form must be used by the following counties that participate in the Integrated Child Support System: Bexar, Cameron, Dallas, Ector, El Paso, Gregg, Harris, Harrison, Hidalgo, Lubbock, Midland, Panola, Smith, Tarrant, Taylor, Travis, Webb, and Wichita.
View the form
License Suspension
Administrative Notice of Filing of Petition to Suspend License (1 TAC 55.203(a))
This form notifies a noncustodial parent who owes past due child support that an action to suspend their driver’s license has been filed.
View the form
Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))
This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.
View the form
Administrative Petition to Suspend License (1 TAC 55.203(b))
This form is used to outline a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.
View the form
Petition to Suspend License (1 TAC 55.203(f))
This form shows a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.
View the form
Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))
This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.
View the form
Request for Hearing (1 TAC 55.203(c))
This form is used by a noncustodial parent to request a hearing to contest a petition to suspend their license.
View the form
Notification to Licensing Authority Order Suspending License (1 TAC 55.203(d))
This form is sent by the Office of the Attorney General to the licensing authority to request action is taken to suspend a noncustodial parent’s license.
View the form
Notification to Licensing Authority Order Vacating or Staying Suspension of License (1 TAC 55.
203(e))This form is sent by the Office of the Attorney General to the licensing authority to notify them that a noncustodial parent’s license may be reinstated.
View the form
Medical Support
National Medical Support Notice (1TAC 55.120(a))
This form notifies an employee that they are obligated by a court or administrative child support order to provide health care coverage for the child identified.
View the form
Request for Review of National Medical Support Notice (1 TAC 55.120(b))
This form is used by an employee to contest withholding based upon a mistake of fact.
View the form
Termination of National Medical Support Notice (1 TAC 55.120(c))
This form notifies employers when there is no longer a judicially or administratively ordered obligation for an employee to provide health care coverage for the listed child(ren).
View the form
State Directory of New Hires
Texas Employer New Hire Reporting (1 TAC 55.
303(c)(1)(B))This form is used by employers to report the details of newly hired employees.
View the form
Release of Information
Authorization for Release of Information (1 TAC 55.803)
This form is used to authorize another party to receive information about your child support case or payments on your behalf.
View the form in English
View the form in Spanish
Revocation of Authorization for Release of Information (1 TAC 55.803)
This form is used to revoke an existing authorization to release information and/or child support payments to another party.
View form in English
View the form in Spanish
Child Support Forms | NYCOURTS.GOV
Form Number | Title | DOC | WPD | |
---|---|---|---|---|
4-1 | Petition (For an Order Upon Support Agreement) | |||
4-1a | Summons | |||
4-1b | Summons (Non-Resident) | |||
4-2 | Order Upon Support Agreement | |||
4-3 | Petition (Individual) | |||
4-3a | Petition (Commissioner) | |||
4-3b | Addendum to Support Petition– Request for Child Support (IV-D) Services | |||
4-3c | Petition for Support of Adult Dependent | |||
4-4 | Remand Commitment (Undertaking) | |||
4-5+5-1-d | Personal Information Form for Child Support and Paternity Proceedings | |||
4-5a | Undertaking for Support - Cash Deposit | |||
4-6 | Temporary Order of Support & Referral to Support Magistrate | |||
4-7 | Order of Support | |||
4-7a | Order After Filing of Objections | |||
4-7b | Objection to Support Order | |||
4-7c | Rebuttal to Objection to Support Order | |||
4-7d | Order on Petition for Support of Adult Dependent | |||
4-8 | Application for Income Execution for Support Enforcement (Clerk of Court) | |||
4-8b | Petition (To Correct Income Execution for Support Execution for Support Enforcement) | |||
4-8c | Petition (Order to Correct Income Execution for Support Enforcement) | |||
4-9 | LDSS-5037: Income Withholding Order (Non-IV-D cases) | - | - | |
4-9a | LDSS-5038: Income Withholding Order (Spousal support only) | - | - | |
4-9b | LDSS-5039: Income Withholding for Support: General Information and Instructions | - | - | |
4-10 | Qualified Medical Child Support Order | |||
4-11 | Petition for Modification of Order of Another Court / Family Court (Support) | |||
DIY Form (Do-It-Yourself) | ||||
4-11a | Order Modifying Order Made By Another Court / Family Court (Support) | |||
4-11v | Verification for Custody/Visitation Modification Petition | |||
4-12 | Petition (Violation of Support Order) | |||
DIY Form (Do-It-Yourself) | ||||
4-12a-1 | Summons (Violation of Support Order) | |||
4-12a-2 | Summons (Violation of Support Order) (Non-Resident) | |||
4-12b | Order of Disposition (Violation of Support Order) | |||
4-12c | Order (Support Magistrate Determination FCA Section 156) | |||
4-13 | Petition for Enforcement of Order Made By Another Court (Support) | |||
DIY Form (Do-It-Yourself) | ||||
4-13a | Order Enforcing Order Made By Another Court (Support) | |||
4-13v | Verification for Custody/Visitation Modification Petition | |||
4-14 | Order (Entry Money Judgment) | |||
4-15 | Petition for Relief From Support Payments And Commitment | |||
4-15a | Order (Relief from Support Payments and Commitment) | |||
4-16 | Notice of Motion To Quash, Fix or Modify Conditions of A Child Support Subpoena | |||
4-17 | Financial Disclosure Affidavit | |||
4-17a | Financial Disclosure Affidavit (Short Form) | |||
4-18 | Petition for Support After Acknowledgment of Parentage (Individual) | |||
4-18a | Petition for Support After Acknowledgment of Parentage (Commissioner) | |||
4-19 | Objection to Proposed Adjusted Order | |||
4-19a | Order Determining Objection to Proposed Adjustment | |||
4-19b | Order Determining Objection to Adjusted Order (Cost of Living Adjustment) | |||
4-20 | Motion to Vacate Adjusted Order of Support | |||
4-20a | Affidavit in Support of Motion to Vacate Adjusted Order of Support | |||
4-21 | Enforcement of Arrears - Order to Licensing Entity | |||
4-21a | Order to Licensing Entity to Terminate Suspension | |||
4-22 | Objection to Support Collection Unit Denial of Challenge to Driver's License Suspension | |||
4-22a | Enforcement of Arrearages - Determination of Objections | |||
4-23 | Qualified Domestic Relations Order | |||
4-24 5-16 UIFSA-10 | Electronic Testimony Application | |||
Form 4-24a 5-16a UIFSA-10a | Support, Paternity, UIFSA--Order on Electronic Testimony Application | |||
4-25a | Child Support -- Motion to Vacate for Lack of Service | |||
4-25b | Child Support -- Affidavit in Support of Motion to Vacate for Lack of Service | |||
4-26 | Child Support –Order on Motion to Vacate for Lack of Service | |||
4-SM-1 | Stipulation for Child Support | |||
4-SM-2 | Information Concerning Filing of Objections And Rebuttal in A Proceeding Before A Support Magistrate | |||
4-SM-3 | Findings of Fact | |||
For interstate child support and paternity forms, see Uniform Interstate family Support Act (UIFSA) |
Apply for alimony through public services - procedure and instructions
Now many people are interested in how to submit this or that application through public services and get the necessary documents without going to the authorities.
Using an account on the Public Services portal, you can apply to the court for alimony online, reapply for alimony, or file a claim for a reduction in alimony through public services.
We tell you how to apply for alimony via the Internet, what are the difficulties, what procedures are provided for and what package of documents will be required to collect alimony.
How to issue alimony on the website of the State Service?
You can now apply for child support online. However, things are not so simple: it may be easier in your case to file for alimony after a divorce in the usual way - through the clerk of the court or through your legal representative.
The fact is that the Portal of State Services of the Russian Federation https://www.gosuslugi.ru/ itself does not provide an opportunity to file claims or remotely consider court cases.
The portal "Gosuslugi" does not allow filing lawsuits, but his account is used to enter other services
You can apply for alimony online using the special service GAS "Justice" (the state automated system "Justice") - this resource is specially created for filing documents with the court in electronic form.
In fact, filing for divorce and alimony through public services means using your account on gosuslugi.ru to enter other services.
To enter the GAS "Justice" requires an account from public services.
You can register for GAS "Pravosudie" separately, but the site will redirect you to the registration page in the Unified Identification and Authentication System (Unified Identification and Authentication System), that is, to the State Services portal.
When you log in, you will see a message like this
Important: The account in the ESIA is used to access many official services - data from the Pension Fund, tax authorities, courts, bailiffs, so you need to make a full confirmed record on the State Services.
Difficulties in going to court through the State Services
The collection of alimony through the State Services, as well as the filing of other appeals, requires some preparation.
1. Requires a full confirmed record on the State Services.
2. You need to obtain a qualified electronic signature (QES) in advance - purchase a certificate from a specialized certification center.
3. It is necessary to install a special program on the computer in advance - a means of cryptographic information protection (CIPF). There are several of them, the functionality is approximately the same. Upon receipt of the CEP certificate, the certification center informs which programs are needed.
Electronic submission of documents to the court is beneficial and convenient for lawyers or businessmen - those who often use such services.
4. Consideration of the case, even if you applied for child support online, will proceed as usual. The plaintiff and a representative must come to court, but the plaintiff may file a motion to hear the case in his absence. That is, electronic filing of a claim does not greatly speed up the process.
5. You need to write a statement of claim for the recovery of alimony in advance, sign it, then scan the claim and application documents. The GAS "Justice" system does not provide forms for filling out documents online, the applicant simply attaches electronic images of documents to the application.
Documents for the court for the recovery of alimony must be prepared in advance on paper and scanned
To summarize: all this requires time and money for preliminary preparation, so not everyone can apply for alimony through public services and it is not always faster than the traditional way.
Electronic filing of documents with the court is beneficial and convenient for professionals (lawyers and businessmen) who need to use such services frequently. And for citizens who go to court once in a lifetime when collecting child support, it is easier to use traditional methods of filing an application.
If you need to file for non-payment of child support quickly and you don't have a CEP, our lawyers can help you file the traditional way or use your CEP as a representative in the case.
Apply for child support online through public services: pre-training
Before applying for alimony through public services, it is necessary to collect a package of documents, draw up an UZ and CEP:
- Create a verified account on the portal www.gosuslugi.ru.
- Obtain a qualified electronic signature on a special medium.
- Prepare a statement of claim to the court (or an application for the issuance of a court order).
- Collect a package of documents-applications to the claim.
- Scan all documents.
- Send a claim with a package of documents to the defendant by registered mail with acknowledgment of receipt.
- Wait for the notification to return and scan it.
So, before filing a claim online, you need to prepare a package of documents and obtain evidence that a copy of the claim has been sent to the defendant - this is a duty assigned by law to the plaintiff.
Apply for child support through public services: step by step instructions
Now we will tell you how to proceed if you have everything you need to apply for child support online:
1. Go to the portal GAS "Pravosudie".
2. Select "Submit a request" or "New request".
3. Select the type of legal proceedings "Civil proceedings".
4. Select "Statement of Claim" or "Statement for issuance of a court order".
5. Fill out the application form and attach proof documents (certificates of marriage, divorce, birth of a child, etc.).
You need to select the “Personally” method of appeal, then select a specific court from the pop-up list, attach the claim under the “Substance of the application” button, attach scans of evidence documents under the “Appendices to the application” button.
You do not need to attach a receipt for payment of the state fee, since the plaintiffs in cases of alimony are exempt from paying the state fee when filing a claim (the fee will be collected at the end of the proceedings from the losing party).
Claimants in cases of alimony are exempted from paying state duty when filing a claim.
6. File a claim for alimony using the CEP (click "Create an application").
To file a claim online, you also need a properly drawn up statement of claim and supporting documents in the case - our lawyers will help you quickly prepare the required package of documents.
How to get a verified account on the State Services portal?
There are 3 types of accounts (UZ) on the State Services portal:
-
simplified
-
standard
-
qualified.
The largest volume of services, including the ability to log in to the websites of government agencies and submit documents electronically, is provided by a complete (confirmed) UZ.
A confirmed UZ makes it possible to apply for registration of a foreign passport, obtaining maternity capital, certificates of registration of an individual entrepreneur or legal entity, sign up for registration of vehicles, marriage, an appointment with a doctor, etc.
It will not be possible to confirm the UZ immediately on the site. First you need to fill in all the required fields on the portal, and then go through the confirmation procedure.
There are 4 ways to validate an ID:
- Contact one of the special service centers that deal with data confirmation. You need to have a passport and SNILS with you.
- Order an identity verification code from the profile by Russian Post. From there, a registered letter with a code will come by mail, after that you need to enter these data in the appropriate fields of the registration form and complete the registration process;
- Confirm UZ through the bank. This can be done in a mobile application or in the personal account of some banks in which you have opened accounts;
- Use a Qualified Electronic Signature (QES).
So, the process of confirming the UZ takes a certain time.
Types of electronic signatures
An electronic signature (ES) is needed to confirm the authenticity of electronic documents sent online. From a legal point of view, any ES confirms the following information: this document / letter was written by such and such a person at such and such a time and after that the document did not change. However, not all types of ES can ensure the reliability of all this information.
There are several types of EP:
Simple | Unskilled | qualified |
It is a login and password from an account on any service, from an email box. It is believed that letters and appeals sent from this address are sent personally by the owner. But this is the most unreliable type of signature (vulnerable to forgery), it is not used for significant and official documents. A simple signature cannot guarantee that the document was written personally by the owner and that the content of the appeal has not changed since it was sent. | It is a specially generated file with numbers, which is attached to an electronic document. It is created with the help of special programs - means of cryptographic information protection (CIPF). Such programs must be certified by the FSB of Russia. Such signatures can be created using free services. They are used within companies, as well as between counterparties in contractual relations for the security of document management. Such signatures are created by commercial companies and are used by agreement between the persons exchanging documents. The state does not recognize unqualified signatures, since it does not have control over their production and issuance. | It is a specially generated file with numbers, which is attached to an electronic document. It is issued in special certification centers that have been certified and accredited by the Federal Security Service and the Ministry of Digital Development. The CEP certificate is issued for a period of 1 year. QEP is valid during this time. The CEP differs from an unqualified signature only in that it is issued and executed in special organizations controlled by the state. Certification centers verify the identity of the citizen and his personal data, so the signature issued by them is considered reliable. |
For official applications to state bodies, only a qualified electronic signature is used.
As for the unqualified signature (NEP), they are accepted in official instances if it is established by the rules of a particular organization. For example, when working with mobile applications of banks, entering a code received via SMS is equivalent to signing a document.
Of the government agencies, at the moment, only the Federal Tax Service (FTS) itself generates an ES on its website - you can get a signature without visiting the tax office. In the future, this signature is valid when resolving any issues with the Federal Tax Service (application for a tax deduction, complaint).
How to get a qualified electronic signature?
To do this, you need to contact a special certification center for issuing ES keys. They are in every subject of the federation.
A certification authority is a commercial organization that has received a certificate for working with cryptographic data protection tools and has been accredited by the Ministry of Digital Development, Communications and Mass Media of the Russian Federation.
Citizens can apply for a CEP certificate through the MFC, legal entities and individual entrepreneurs must contact the certification center directly.
to apply for a CEP, you need a passport, a certificate of TIN and SNILS.
CEP can be recorded on different media, which must be purchased at a certification center:
- token - specialized software that requires a password to work with it, looks like a flash drive, is needed to enhance information protection;
- Smart card - similar to a standard bank card;
- Flash - a small device with a USB connector and a memory card for storing information, a simple option without additional protection;
- SIM card - a device from a mobile operator with a pre-installed Java application
External media for EDS (photo from Wikipedia)
Usually, all external media is called a "token". Although the token itself for EDS is one of the types of carriers. The token is the most reliable carrier, since to use it you need to enter an activation code, which is issued to the owner in the certification center. Therefore, if the carrier is lost, another person will not be able to use the EDS.
Other media are less reliable: EDS via a SIM card in a phone or on a regular flash drive is opened to anyone.
a certificate is required to work with the EDS.
In addition, an EDS certificate is also needed to certify documents. This is a certain set of bytes, outwardly it is an electronic and paper document that confirms the connection of an electronic signature with its owner. For enhanced ES, a qualified certificate is required.
The certificate confirms that the owner has a key pair - a public and private ES key. Public key - a visible set of characters that will be displayed in the ES stamp on the document. The private part is created by means of encryption, is not visible to the user, and is verified through special ES authentication programs.
working with the CEP is quite simple, but you need to allocate time in advance for its design
Working with the CEP is quite simple, but you need to allocate time in advance for its design. In addition, this is a paid service. Ordinary citizens who need to submit documents to the court one-time and who do not actively use the services of obtaining electronic documents for business or personal purposes, such a waste of time and money is unprofitable - it is easier and cheaper to contact a lawyer once.
Important! You cannot transfer the signature to another person, and in case of loss, you must immediately inform the certification center where the signature was issued - he will be responsible for all documents signed on behalf of the owner.
Filing an application to the Magistrate's Court through the State Services
If you want to claim child support in a simplified manner by issuing a court order for the recovery of child support, then the application must be submitted to the justice of the peace.
The procedure for submitting documents to the Magistrate's Court in electronic form is regulated by the Order of the Judicial Department under the Supreme Court of the Russian Federation of September 11, 2017 N 168 "On approval of the procedure for filing documents in electronic form to justices of the peace, including in the form of an electronic document."
The electronic signature is attached as a separate file.
This document describes the requirements for files that are sent to the court - section 2.2. and 2.3. Order. In particular, the electronic signature is attached as a separate file (clause 2.3.5.).
Order
Order of the SD of the Armed Forces of September 11, 2017 No. 168
Download
Sample Application for a Court Order
In simple typical situations, alimony can be collected under a simplified procedure - through a court order. If the child's birth certificate contains records about the father and mother, the spouses are divorced, then you need to write an application for a court order, attaching copies of passports, birth certificates, marriage and divorce.
The order is issued within 5 business days. The defendant may contest it within 10 days. If he fails to do so, the order will take effect.
It must be presented for collection to the bailiff at the place of residence of the defendant.
Sample Application
Application for issuance of a court order for the recovery of alimony for a minor child
Download
Applying to the District Court via the Internet
A claim for the recovery of alimony is filed with the district or city court at the place of residence of the defendant (future payer).
The procedure for submitting documents to courts in electronic form is regulated by the Order of the Judicial Department at the Supreme Court of the Russian Federation of December 27, 2016 N 251 “On approval of the procedure for filing documents in federal courts of general jurisdiction in electronic form, including in the form of an electronic document”.
Sections 2.2. and 2.3. The Order contains requirements for documents, section 3 describes the application procedure step by step.
Order
Order of the SD under the Armed Forces of the Russian Federation dated December 27, 2016 No. 251
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Sample claim for the recovery of maintenance for minor children
When submitting documents via the Internet, the same rules for drafting and filing a claim apply as in ordinary legal proceedings.
A statement of claim for the recovery of alimony is filed if the defendant contested the court order. Or in other difficult cases, when additional circumstances need to be proved (the defendant hides income, additional expenses for the child are needed, an application for deprivation of parental rights, an application for the recovery of alimony for the past period, etc.) is filed at the same time.
A claim for the recovery of alimony must be filed in the courts of general jurisdiction - district or city.
Sample Application
Sample statement of claim for the recovery of alimony for a minor child
Download
Conclusion
Let's summarize:
- Only those citizens who already have a full account on the State Services portal and a qualified electronic signature can apply for alimony through public services;
- Consideration of the case on the recovery of alimony (or on the issuance of a court order on the recovery of alimony) in court will be carried out in person, according to the usual procedure;
- Online filing of documents does not always simplify and speed up the procedure - remote and electronic justice technologies are still developing in Russia;
- For those citizens who do not have a CEP, it is irrational to deal with registration for the sake of one claim - it will be faster to submit documents in paper form;
- The collected amounts of alimony do not depend on the method of filing documents, but on the quality of the claim and evidence drawn up, therefore it is always better to prepare a package of documents with a lawyer.
FAQ
Is it possible to issue alimony in marriage through public services?
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Yes, you can collect child support while being married, and after a divorce, and without getting married. Applying through the State Services in this case is just a way of submitting an application to the court. This is available to those who have already issued a full account on the State Services portal and have a valid qualified electronic signature.
Can I sue child support through mos.ru?
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An application to the court for the recovery of alimony is submitted on a special portal - GAS "Pravosudie". Gosuslugi and mos.ru will simply be redirected to this site, and you can enter there using your Gosuslug login and password. You can log in to mos.ru through your Gosuslug account or create a separate account. If there is a UZ only for mos.ru, then you will not be able to log in to the Pravosudie GAS.
In which regions is it possible to file for child support online?
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There are no restrictions on subjects of the federation. Any citizen of the Russian Federation who has a verified account on the State Services portal and a qualified electronic signature can send an application to the court in electronic form. If the courts refuse to accept the application, then this is illegal and contradicts the Order of the SD under the RF Armed Forces dated December 27, 2016 No. 251. Such actions must be appealed. However, in the case of magistrates' courts, such failures are due to the lack of the necessary equipment and software. Formally, you will be right, but you will lose a lot of time on such an appeal. It is better to contact a lawyer and simultaneously file a claim in the traditional written form.
Is it possible in Tyumen to apply for alimony through the State Services?
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The ability to collect alimony remotely does not depend on the subject of the federation. It is necessary to issue a full account in the ESIA (Gosuslug portal) and obtain a qualified electronic signature. Please note that the case will still be heard in court.
until what age do they pay, how much percentage of income can they withhold, and what documents are needed to apply for alimony
1. Who can apply for child support?
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 18 and has not yet become fully capable by decision of the guardianship authority or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
- 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 recognized Disabled adults who are entitled to alimony are considered disabled people of I, II, III groups and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age. 0067
- 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;
- ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances. marriage or within five years thereafter, and the spouses have been married for a long time.0067
Also, child support can be received by:
- disabled parents who need help, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
- 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;
- 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 maintenance from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
- 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 to apply for child support?
If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at the place of your residence:
- to the justice of the peace, if the recovery 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.
The plaintiff does not pay state duty for consideration of the case on recovery 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;
- single housing document and certificates of income 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 will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.
As a rule, maintenance is assigned 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?
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 can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.
"> 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 each of the parents has children, the court determines the amount of alimony in favor of the less well-to-do of them.
In addition to the share income, the court may order child support or a portion 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.
The amount of alimony is indexed in proportion to the growth of 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 and until the age of 18, unless the child gets married earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.
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