Alimony in marriage without divorce: what documents are needed?


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The following documents are attached to the application:

  • a copy of the statement of claim for the alimony;
  • marriage document;
  • a document that certifies the child’s cohabitation with the applicant;
  • documents stating the salaries of both parents;
  • an extract from the house register stating the residence of the alimony worker at the address noted in the appeal and a copy thereof;
  • a document stating the fact of incapacity for work, and 2 copies of it (alimony for a disabled child over 18 years of age);
  • any other important papers at the discretion of the applicant.

The Tax Code establishes a state duty of 150 rubles. If you require maintenance of both the child and yourself (the parent), the fee will double and will already be 300 rubles. After consideration of the dispute, the amount of state duty will be recovered from the losing party.

Registration

Is it possible to apply for alimony online: step-by-step algorithm, advantages of the State Services portal It is important to take into account that the recovery of the amount for the maintenance of a disabled relative can be imposed on several people in direct proportion. Such cases are usually considered on an individual basis. Most often, spouses who are single-handedly raising and supporting one or more children apply for financial assistance. At the same time, an important point is the fact that applying for financial assistance is also possible during an active marriage between spouses.

What documents are needed to apply for alimony?

According to the law, alimony is collected compulsorily (by a court decision) or voluntarily (an agreement is concluded). Before going to court, try to resolve the issue amicably. If you can agree on all the nuances, fix them in the alimony agreement. Describe everything in detail on paper and sign it. It is best to have the document certified by a notary - this will provide you with legal protection in the future. This document will simplify the entire process of collecting the required payments and will serve as a backup guarantee confirming the desire of the parties to fulfill their direct responsibilities.

To complete such an agreement you will need :

  • child's birth certificate;
  • passports of both parents;
  • a certificate of income of the alimony provider for a period of at least 3 months;
  • paternity certificate.

If the alimony provider refuses to go to a settlement, you will have to collect alimony from him through the court. We have already discussed the list of documents for the court in the previous section.

If alimony is collected in a fixed amount, the documents are supplemented with one of the following:

  • petition for a request to the tax office to determine sources of income;
  • a certificate of the salary of the “alimony worker” from all places of work;
  • testimony on the fact that the alimony holder receives income from various sources;
  • a document from the tax office certifying multiple sources of income;
  • other written confirmation of the multiple income of the “alimony holder”.

To recover child support from the defendant, you will have to prove that the other parent is avoiding child support.

Is it possible to pay state duty for another person through government services?

What can you do for another person on State Services? To pay via Internet banking, you must provide payment details, which are usually indicated on all payment documents. You can find them in the receipt printed at State Services. The method is not the simplest, but nevertheless effective. Another person will not have to go to the traffic police or the Ministry of Internal Affairs in order to get a receipt and find out the details of the department to which the payment must be made. When paying their state duty, some users have a question whether it is possible to pay it using someone else’s bank card on State Services. Yes, such an opportunity has been provided. When paying directly, you must enter the details of the card from which the money transfer will be made.

Without a registered account on the portal, it is possible to make an online appointment with a doctor. To make an appointment for another person at State Services, the user selects the appropriate service on the website. When filling out an application to visit a doctor, you will need to select the region in which this procedure will be provided and check the box - make an appointment for another person.

Rules for filing documents for alimony without divorce

The sequence of actions when filing an appeal for the collection of alimony in marriage is regulated by the Family Code of the Russian Federation:

  1. Try to settle the case out of court. Send a registered letter to the alimony provider's address or have a conversation with him in the presence of witnesses.
  2. If your spouse does not want to give in, seek legal protection.
  3. In the application, indicate the detailed circumstances that served as the reason for applying for protection of the rights of the child. Indicate the requirements for the alimony provider (amount).
  4. Provide evidence to the court that your spouse is not fulfilling his duties. Prepare a certificate of income for each family member.
  5. The court considers the case using evidence from the alimony provider. The complexity of such cases lies precisely in the fact that within the limits of the overall family budget it is problematic to assess the contribution of everyone.
  6. The court approves the amount and sequence of payments, as well as a writ of execution, if the alimony provider is found guilty of violating the rights of the child and the applicant.
  7. The writ of execution is handed over to the bailiffs. This document serves as the basis for the forced collection of finances.

Calculation methods

Alimony is collected mainly from the payer’s wages. But if a debt has accumulated, it can be paid on the website of the Office of the Federal Bailiff Service.

You can pay child support in the following ways:

  • payment card on the website of the FSSP, State Services;
  • through the payment systems of Promsvyazbank, WebMoney, Yandex. Money, PAYMO, City Systems, Bashkomsnabbank, Simple Payment Systems, etc.;
  • via terminals;
  • through the Sberbank Online service.

This will be considered official payment and will result in a receipt. After depositing money, you can check after some time whether the debt has been written off directly on the same website. The entry will be deleted or changed (in case of partial repayment of the debt) within approximately 3 to 7 days from the date of payment.

Starting in 2021, you can apply for alimony online. To do this, you need to register in the Justice system and also obtain an enhanced qualified electronic signature. Submitting documents online is absolutely free.

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