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Application for alimony after divorce sample. Judicial and statement of claim for the recovery of alimony for a child

Alimony cases are considered by world courts. You can apply to the court in the order of writ proceedings (with an application for the issuance of a court order) or in the order of action proceedings (with a statement of claim).

In most cases, disputes arise between parents regarding the maintenance of the child (for example, the father refuses to pay child support, does not work, hides the actual amount of income, hides). In such cases, alimony can be collected only in a lawsuit. To do this, it is necessary to correctly draw up and file a statement of claim with the court.

For more information on how to file and file a child support claim, read this article.

Who can file a claim for child support?

Parents or guardians (custodians) of the child, as well as officials of children's institutions or state bodies acting in the interests of the child have the right to file a claim for alimony.

If alimony is collected by a parent (father or mother), a prerequisite is cohabitation with a son or daughter - after all, both parents must equally support the child. It does not matter whether the parents are officially married or divorced, live together or separately. Failure by the father or mother of their obligations to support the child is the basis for applying to the court for alimony.

If the child lives with relatives, they have the right to apply for alimony to bad parents only after registration of guardianship or guardianship. Only the official guardian or guardian is the legal representative of the child and is empowered to represent his interests in the judiciary.

How to write a claim for child support?

There are norms for drawing up a statement of claim established by civil procedural legislation (Article 131 of the Code of Civil Procedure of the Russian Federation). Non-compliance of the claim with these norms can lead to unpleasant consequences - return or leaving the claim without movement.

So, the claim must contain the following information:

  • the name of the magistrate's court in which the claim is filed;
  • information about the plaintiff and the defendant - full name, address of residence, place of work, contact details;
  • data about children - full name, date of birth, address of residence;
  • the name of the document "Statement of claim for the recovery of alimony for the maintenance of a minor child";
  • description of the circumstances: refusal of the father or mother to fulfill the obligation to support the son or daughter, violation of the rights of the child;
  • evidence of the described circumstances;
  • reference to the norms of substantive and procedural legislation;
  • claims - for the recovery of alimony from a parent (you can specify the desired procedure for calculating alimony - in a fixed amount or as a percentage of earnings, method of transfer Money, regularity of payments);
  • list of applications;
  • date and signature of the complainant.

Thanks to the proposed form, you can make your own claim.

Filing a statement of claim is impossible without attachments - documents confirming the circumstances described in the claim and the legal requirements of the plaintiff.

The main documents attached to the claim will be:

  • Copy of applicant's passport
  • Marriage or divorce certificate of the plaintiff and defendant (if they were or are married);
  • Birth certificate of the child for whose maintenance alimony is collected. The birth certificate must indicate the parents - only in this case they are obliged to support the child. If the father is not indicated or indicated according to the mother, paternity will need to be confirmed before collecting maintenance payments;
  • A document on the establishment of guardianship or guardianship, if the claim is filed by a guardian or trustee;
  • Certificate of family composition issued by the housing authority at the place of residence of the child. This document confirms the place of residence minor son or daughters with one parent;
  • Defendant's income statement. It is not always possible to obtain a document of this kind, since parents who refuse to support children often hide their place of work or the amount of earnings.

All documents are submitted in the form of simple copies - the originals are presented at the court session. It is necessary to submit as many copies of the statement of claim and sets of applications as the number of persons involved in the trial (as a rule, in three copies - for the court, plaintiff, defendant).

Where to apply for child support?

Claims for the recovery of alimony payments are filed in the magistrate's courts.

According to Article 29 of the Code of Civil Procedure of the Russian Federation, the plaintiff can choose a court - at the place of residence of the defendant or at his own place of residence. Of course, given the cohabitation of the plaintiff with minor children, it is more convenient to file a claim at your place of residence. However, sometimes it is more profitable to file a lawsuit at the place of residence of the defendant - if the court decision is positive, the bailiffs will get the writ of execution faster.

You can file a claim in person - come to the Magistrate's Court during office hours and register the claim at the office, receiving back one copy with a mark of acceptance by the court.

In addition to filing a claim in person, it is possible to send it by mail. It is necessary to issue a registered letter, in which, in addition to the statement of claim with documents, there will be an inventory of attachments. Notice of delivery - proof of receipt of the letter by the court.

Alimony cases are considered by world courts. You can apply to the court in the order of writ proceedings (with an application for the issuance of a court order) or in the order of action proceedings (with a statement of claim).

In most cases, disputes arise between parents regarding the maintenance of the child (for example, the father refuses to pay child support, does not work, hides the actual amount of income, hides). In such cases, alimony can be collected only in a lawsuit. To do this, it is necessary to correctly draw up and file a statement of claim with the court.

For more information on how to file and file a child support claim, read this article.

Who can file a claim for child support?

Parents or guardians (custodians) of the child, as well as officials of children's institutions or state bodies acting in the interests of the child have the right to file a claim for alimony.

If alimony is collected by a parent (father or mother), a prerequisite is cohabitation with a son or daughter - after all, both parents must equally support the child. It does not matter whether the parents are officially married or divorced, live together or separately. Failure by the father or mother of their obligations to support the child is the basis for applying to the court for alimony.

If the child lives with relatives, they have the right to apply for alimony to bad parents only after registration of guardianship or guardianship. Only the official guardian or guardian is the legal representative of the child and is empowered to represent his interests in the judiciary.

How to write a claim for child support?

There are norms for drawing up a statement of claim established by civil procedural legislation (Article 131 of the Code of Civil Procedure of the Russian Federation). Non-compliance of the claim with these norms can lead to unpleasant consequences - return or leaving the claim without movement.

So, the claim must contain the following information:

  • the name of the magistrate's court in which the claim is filed;
  • information about the plaintiff and the defendant - full name, address of residence, place of work, contact details;
  • data about children - full name, date of birth, address of residence;
  • the name of the document "Statement of claim for the recovery of alimony for the maintenance of a minor child";
  • description of the circumstances: refusal of the father or mother to fulfill the obligation to support the son or daughter, violation of the rights of the child;
  • evidence of the described circumstances;
  • reference to the norms of substantive and procedural legislation;
  • claims - for the recovery of alimony from a parent (you can specify the desired procedure for calculating alimony - in a fixed amount or as a percentage of earnings, method of transferring funds, regularity of payments);
  • list of applications;
  • date and signature of the complainant.

Thanks to the proposed form, you can make your own claim.

Filing a statement of claim is impossible without attachments - documents confirming the circumstances described in the claim and the legal requirements of the plaintiff.

The main documents attached to the claim will be:

  • Copy of applicant's passport
  • Marriage or divorce certificate of the plaintiff and defendant (if they were or are married);
  • Birth certificate of the child for whose maintenance alimony is collected. The birth certificate must indicate the parents - only in this case they are obliged to support the child. If the father is not indicated or indicated according to the mother, paternity will need to be confirmed before collecting maintenance payments;
  • A document on the establishment of guardianship or guardianship, if the claim is filed by a guardian or trustee;
  • Certificate of family composition issued by the housing authority at the place of residence of the child. This document confirms the place of residence of a minor son or daughter with one of the parents;
  • Defendant's income statement. It is not always possible to obtain a document of this kind, since parents who refuse to support children often hide their place of work or the amount of earnings.

All documents are submitted in the form of simple copies - the originals are presented at the court session. It is necessary to submit as many copies of the statement of claim and sets of applications as the number of persons involved in the trial (as a rule, in three copies - for the court, plaintiff, defendant).

Where to apply for child support?

Claims for the recovery of alimony payments are filed in the magistrate's courts.

According to Article 29 of the Code of Civil Procedure of the Russian Federation, the plaintiff can choose a court - at the place of residence of the defendant or at his own place of residence. Of course, given the cohabitation of the plaintiff with minor children, it is more convenient to file a claim at your place of residence. However, sometimes it is more profitable to file a lawsuit at the place of residence of the defendant - if the court decision is positive, the bailiffs will get the writ of execution faster.

You can file a claim in person - come to the Magistrate's Court during office hours and register the claim at the office, receiving back one copy with a mark of acceptance by the court.

In addition to filing a claim in person, it is possible to send it by mail. It is necessary to issue a registered letter, in which, in addition to the statement of claim with documents, there will be an inventory of attachments. Notice of delivery - proof of receipt of the letter by the court.

If the statement of claim is accepted by the court, the plaintiff will receive a notice of the appointed date, time and place of the court session for consideration of the statement of claim. As a rule, the claim is considered by the court within 1 month from the date of filing.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
  • All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.

Therefore, FREE expert consultants are working for you around the clock!

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How to get alimony for the mother of a child under 3 years old? When a marriage is dissolved, not only the union of two hearts collapses, but also the overall budgets. A woman can be left alone with a child or even children without a livelihood.

This happens if she is on leave to care for a child under 3 years of age or is pregnant. That is, it is actually incapacitated.

A woman has the right to alimony not only for the benefit of her children, but also for herself. And if the husband and wife managed to get a divorce, then it makes sense to think about how to get alimony to your wife up to 3 years. After all, a woman needs to support not only a small child, but also herself.

In this article:

Alimony for the maintenance of the mother of the child

What to do if mothers baby not enough money for living? Under such circumstances, it is necessary to collect alimony for the maintenance of the mother until the child reaches 3 years of age, because there are no means of a decent livelihood.

It should be noted right away that the process of receiving payments in this case differs little from how they are collected. Meanwhile, there are some nuances, which will be discussed in the proposed article.

Articles 89, 90 family code, provides for the protection of the interests of the spouse in obtaining funds for their maintenance, obliging the father to pay alimony to the mother of the child until he reaches the age of 3 years.

How to get child support for mom in 2019? Let's take a look in this article.

Alimony for the maintenance of a wife up to 3 years is awarded after the dissolution of the marriage. And also, in addition, the period of payments includes the pregnancy of the ex-wife.

Unlike child support, the maintenance of the former spouse is carried out in payments of a fixed amount of money. Its size is calculated by the court on the basis of the value living wage.

A former married couple has every right to sign an agreement on alimony for a spouse at a notary. In this case, the agreements may contain a clearly defined figure for alimony.

How to get alimony for a non-working mother up to 3 years: conditions

The grounds for collecting alimony for the maintenance of the former spouse up to 3 years are listed below.

Alimony for the maintenance of the mother of a child after a divorce or in marriage can be collected from the father if:

  1. common child is under 3 years old and his mother is on parental leave.
  2. The wife is not employed.
  3. The spouse is in a state of pregnancy, at the time of the divorce or 300 days after it.
  4. The defendant does not dispute paternity, or this fact has been established by the court.

It is quite natural that a woman raising a small child alone may experience objective financial difficulties. And in this case, the alimony for the wife in the decree is designed to cover the cost of food, medical supervision.

All these factors will be taken into account by the court when awarding alimony for the unemployed mother of the child. Therefore, for the court, the mother, left alone, should be provided with a certificate from the social security authority and other services on the amount of benefits and payments received.

Application for the maintenance of the mother of a child until the age of 3 years

If you have every reason to demand this type of content, you must file a claim with the court.

The application must contain information on the grounds and amount of payments.

Through the bailiffs, you can try to deprive the former spouse of a driver's license until he repays the debt.

However, in this case, it is necessary that the amount of outstanding obligations exceed the threshold of 10 thousand rubles.

With the same amount, one can raise the question of restricting freedom of movement. With this option, the former spouse will be prohibited from leaving the Russian Federation.

We should also not forget about the administrative or criminal prosecution of the debtor. First come administrative sanctions. If they do not help, then the bailiffs have the right to initiate a criminal case.

In any case, the mother herself has the right to decide how best to protect her rights.

An example of a statement of claim for alimony of the mother of a child up to 3 years

Below is a sample statement of claim for the recovery of alimony for the maintenance of the former spouse until child s years, as well as for children.

This sample application complies with current legislation. You can always edit the application to suit your needs.

The Family Code provides for the payment of alimony not only for children. The recipient of financial assistance may additionally be the mother of the child, provided that he is not yet three years old.

In this case, the court always assigns payments in a fixed amount. For a son or daughter, deductions can be made as a percentage of the father's income (provided that he has a stable income).

By law recovery of alimony for mother and child up to 3 years possible on the basis of a claim. We present an example of it.

Justice of the peace 68 district of Moscow

st. Pulkovsky, 4, building 3

Claimant: Filippova Zoya Viktorovna

Military street, 5, apartment 18

Respondent: Kuzmin Andrey Konstantinovich

st. Capital, 14, apartment, 5

Statement of claim

on the recovery of alimony for mother and child

Between me, Filippova Zoya Viktorovna, and Kuzmin Andrei Konstantinovich on May 16, 2017, an official marriage was concluded. In confirmation of this fact, the Golovinsky district registry office issued a certificate number 223668.

During the existence of family relations, we had a son, Kuzmin Kirill Andreevich, born on February 1, 2018.

On June 17, 2018, the Magistrate of the 68th district of Moscow issued a decision on the dissolution of the marriage (case No. 438/19). On September 18 of the same year, a certificate of divorce was received from the registry office.

The child stayed with me, and I have to raise him on my own. I myself do not temporarily work anywhere for health reasons (documents from doctors are attached to the statement of claim).

On this moment My son and I are in need of financial support. I need money for medicines. Also, I do not have enough money to buy food and clothes for my son.

In accordance with Art. 90 of the Russian Family Code ex-wife has the right to demand maintenance in the form of alimony from the former spouse until the child is 3 years old. Based on Article 91 of the Code, payments are awarded in a fixed amount of money.

I estimate my need for assistance at 20,000 rubles. This amount includes the purchase of medicines and the payment of utility bills.

In addition, I consider it necessary to note the following. Currently ex-husband works as a chief engineer at Spartak LLC and has a stable and high salary. Accordingly, he has the opportunity to provide for me and the child.

Based on Article 81 of the UK, if the payer has a permanent income, the amount of alimony is a quarter of earnings.

Guided by the above and articles 81, 90 and 91 of the Family Code of the Russian Federation

I ask the court

1) Assign alimony from Andrei Konstantinovich Kuzmin for the maintenance of Filippova Zoya Viktorovna in the monthly amount of 20,000 rubles until the child is 3 years old.

2) Withhold from the income of Andrei Konstantinovich Kuzmin alimony in the amount of 1/4 for his son, Kirill Andreevich Kuzmin.

Application:

1) Copies of marriage and divorce certificates.

2) A copy of the son's birth certificate.

3) A copy of the decision of the justice of the peace of the 68th district of Moscow dated June 17, 2017 in case No. 438/19.

4) Documents confirming the state of health of the plaintiff.

5) Certificate from the body social security.

6) A copy of the statement of claim for the recovery of alimony for mother and child up to 3 years for the defendant.

Claimant: Filippova Z.V.

Application for the maintenance of the mother of a child until the age of 3 years: what to consider, recommendations

Payments for mother and small child are determined by the court separately. Several factors are taken into account. In the first place among them is the financial situation of the recipient of alimony.

Additionally, I would like to give practical advice :

  1. In a lawsuit, a woman must substantiate the need for maintenance from her ex-spouse. If there are documents in support of the arguments, copies of them are also attached.
  2. Evidence of ongoing expenses for the child may be required. Therefore, it is advisable to keep copies of checks, receipts
  3. It is not superfluous to make a special emphasis on the fact that former spouse has sufficient opportunities for both the maintenance of the baby and his mother.

For 2 types of alimony, the court issues separate writ of execution. The fact is that bailiffs can work with them in different ways. Therefore, further control over the course of enforcement proceedings should not be neglected.

Alimony is often formalized by a voluntary agreement between parents. If you agree on the recovery of child support, it will be enforced. The law provides for two ways to receive financial support:

  • by court order;
  • By the tribunal's decision.

Order or decision

For clearance court order An application for the recovery of alimony is submitted to the Magistrate's Court when:

  1. There is no paternity dispute.
  2. There is no need to hear third parties.
  3. Recovery is a percentage of income.

Advantages of obtaining a court order in comparison with a lawsuit:

  • consideration period 5 days;
  • there is no need to attend court sessions;
  • immediately sent for execution.

If it is not possible to receive an order, it is prepared statement of claim for the recovery of alimony. You also need to file a lawsuit if the defendant contested the court order. The respondent has 10 days to do so.

Sample application for issuance of a court order for the recovery of alimony

Drafting

The application contains blocks:

  • the name of the court where it is being filed;
  • details of the parties;
  • the essence of the appeal;
  • justification for the request;
  • Attached documents;
  • date and signature of the applicant.

Required Applications:

  • copies of the certificate of registration and divorce;
  • a copy of the birth certificate;
  • justification of the defendant's income;
  • proof of residence of the minor with the plaintiff.

Below you can download the application form for the issuance of a court order for the recovery of alimony.

How to apply?

The sample application for the recovery of alimony, offered on the site, will give a basic understanding of what needs to be indicated. In each individual case, adjustments are possible, depending on the family situation and the financial condition of the parties.

An application for the recovery of child support is submitted to the court on the basis of territorial affiliation. It is legally allowed to file papers in court at the place of residence of the plaintiff, but in general, at the place of residence of the defendant.

Why the application may not be accepted

Application will not be accepted if:

  • standards of jurisdiction are violated;
  • pre-trial settlement of the dispute was not carried out;
  • the appeal is incorrectly executed, there is no data or the signature of the applicant;
  • the applicant is incompetent;
  • the case is already in court;
  • request to withdraw the application.

Carefully study the sample for the recovery of alimony before drawing up your document. This will reduce your risk of being rejected.

Sample statement of claim for the recovery of alimony for a child (children)

As indicated, if it is necessary to recover child support in a fixed amount of money, or if there is a dispute about paternity, then you need to prepare a statement of claim. Below you can download a sample application for the recovery of alimony.

The body of the claim contains information about the essence of the dispute, the petition is substantiated, the details of the court and the parties to the case are indicated. It is assumed that the statement of claim for the recovery of alimony for a child contains a petition for the involvement of witnesses, a request for information necessary for the court. But it is not forbidden to make such petitions after.

A claim for the recovery of alimony is filed from birth to the age of majority of the child. In addition, it is allowed to request alimony payments for the past months (maximum for three years).

Refusal or return of the claim

The first hearing in the case is scheduled after 5 days. At the first hearing, the court decides whether to accept the claim or refuse the plaintiff. Refusal is possible for several reasons:

Lawyer of the Board of Legal Protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.

Every year in Russia the number of statements of claim for the recovery of alimony is slowly but increasing. This is due to the fact that many negligent parents are still trying to avoid their immediate responsibilities, one of which is the maintenance of children. How this should be done is not spelled out in the law - the state left these actions to the discretion of dads and moms (Article 80, paragraph 1). If one of the adults does not care for his offspring, the second can file a claim for alimony in court.

According to the current legislation, parents must support their children until they reach the age of eighteen. If both the father and mother evade assistance, another authorized person has the right to file a petition for the recovery of maintenance payments. It can be a guardian, guardianship authority, etc.

IN Russian Federation in most cases, the upbringing of underage children is carried out by their mothers, which gives the latter the opportunity, through a statement of claim for the recovery of alimony, to receive at least some material support from once unlucky close relatives. Most often, the clerical work on this issue is handled by the courts and executive bodies.

A statement of claim is a serious reason to understand intra-family relations, where the rights of minors are infringed. Recovery of alimony - the procedure for paying money, their amount, etc. is determined in judicial order in the final verdict.

How to get child support payments through the court?

The first step is to file a claim. It should indicate all the requirements. The document is then sent to the court office. If the claim for the recovery of alimony will appear only financial question, without disputes about property and difficulties with whom a minor citizen will remain, it can be filed with the Magistrate's Court. If these problems are still present, then the district court will take up the case. In addition to the statement of claim, the courts can be asked to issue a court order. Translated into simple language, this means a request to the judge personally to issue a ruling obliging him to recover from the defendant the money due to the minor, on the basis of a petition. The recovery of alimony with the help of such a legal document is quite real, and is subject to immediate execution. The plaintiff shall file a petition for the issuance of an order with the court, in accordance with the general rules. A court order is issued only if there is maintenance money for children under the age of eighteen. In other cases, for example, in a claim for the recovery of alimony for a husband / wife or other relatives, a court order is not drawn up.

How to prepare a claim?

How exactly this document should look like can be found on the Internet, you can also contact a lawyer or a lawyer. We are attaching a sample statement of claim for the recovery of child support at the end of the article.

Without fail, the plaintiff should indicate the name of the court, first name, last name, as well as passport details and place of residence not only of his own, but also of the obligated party, unless of course it is known where she is currently located.

In the application for the recovery of alimony, listing your claims, you must indicate which option for accruing finances is most acceptable - a fixed figure or a percentage of income. In addition, the statement of claim for the recovery of alimony must contain detailed description essence of the case and justification of the stated requirements. The claim is filed in two copies, one of which is sent to the defendant.

The following must be added to the claim:

  • Confirmation of payment of the state fee;
  • Birth certificate of the child;
  • If the couple divorced, a certificate of dissolution of the marriage union;
  • Spouses income statements;
  • If necessary, if the applicant is not a parent, a certificate of kinship with the ward or a documented fact about the need for maintenance payments;
  • Other papers indicating the incapacity and difficult financial situation of the plaintiff.

A complete list of documents submitted in addition to the statement of claim for the recovery of child support can be clarified with a lawyer.

After considering the case, the court makes a decision: to recognize the applicant's claims as legitimate or to reject the claim for the recovery of alimony. In some cases, the list of claims is partially satisfied. Having received a verdict that has entered into force, the plaintiff has the right to immediately submit it to enforcement proceedings in order to receive the money due by law.

Where to file a claim?

This document is submitted either at the place of residence of the plaintiff, or at the place of residence of the defendant. According to the requirements of the law, the statement of claim should be drawn up there, the second one is located. But if:

  • The applicant has minor children as his dependents;
  • The applicant is unable to travel to another location for the hearing due to illness or ill health;
  • Both participants in the process have nothing against the fact that the case for the recovery of alimony will be considered at the place of residence of the declaring party,

then the statement of claim can be brought to the court at the place of residence of the latter.

The amount of the state duty on a claim for recovery in 2017

Payment to the state treasury in this situation, on the basis of Art. 333.19 of the Tax Code of the Russian Federation in 2017 is one hundred and fifty rubles. In case of requirements in the statement of claim to recover money not only for children, but also for the maintenance of the applicant, the amount is doubled. If the plaintiff asks for a court order, he is required to pay half of the statutory rate on the request for alimony. However, according to 333.36 of the same Tax Code, when filing a claim, he is exempt from the state duty. This means that all expenses in the case of the recovery of child support will subsequently have to be borne by the defendant.

Enforcement proceedings

On the basis of a court decision on a statement of claim for the recovery of alimony, the executive bodies are authorized to claim the necessary amounts from the salary of a spouse who does not live with children, with their regular accrual to the plaintiff. In the case when the responsible person hides his profit or does not work, his property, in accordance with the resolution on the recovery of alimony,

can be arrested and subsequently implemented. Thus, the debt will be eliminated. It also happens that the debtor hides his good, then the bailiff has the right to impose a ban on his travel abroad or to carry out other security actions.

Is it possible to file a claim if the marriage is not dissolved?

Russian law allows you to apply for alimony even if the couple is not officially divorced. In addition, as mentioned above, a spouse who has taken full responsibility for the maintenance of the child can count on material assistance. In the statement of claim for the recovery of alimony, all circumstances that can affect the decisions of the court must be indicated without fail. The right to receive maintenance payments for himself personally has a person raising a child who is not yet three years old. The amount of this money is determined in the same way as when calculating child support.

Claim Form

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