What documents are needed to apply for child support?

How to write

A step-by-step algorithm on how to correctly fill out a claim for alimony:

• write the name and address of the court;
• identify the plaintiff (last name, first name, patronymic in full, actual address, telephone number);
• enter the defendant’s data (similar to the plaintiff’s data);
• The price of the claim may not be indicated; state duty is not paid in such cases;
• write the name of the document;
• the text first contains a descriptive part, which sets out the circumstances and arguments of the plaintiff, the dates of marriage and divorce, the date of birth of the child, the defendant’s relationship to parental responsibilities, the presence of debt, the amount of income, etc.;
• legal basis of the requirements (indication of specific articles);
• appeal to the court (please ask the court);
• listing of requirements;
• date and signature.

Use the ConsultantPlus instructions to achieve a positive court decision

What is alimony

These are cash payments in favor of a close family member who, for objective reasons, cannot provide for himself on his own.

Alimony is recovered in favor of:

1. A minor child.
2. A spouse who has been declared incapacitated. Important: loss of ability to work must occur before the divorce or within a year after the divorce.
3. Pregnant wife.
4. The mother of a child who is on maternity leave (until the child turns three years old).
5. Parents who, due to age or health conditions, have lost their ability to work. In this situation, money is collected only from adult, capable children.
6. A spouse (former or current) who is dependent on a common disabled child under 18 years of age.

Despite the fact that the procedure for assigning payments is almost the same for each of the presented groups of recipients, the features of collecting funds differ from each other. Therefore, to achieve the necessary results, it is recommended to seek advice from a lawyer.

What documents should I attach?

Required applications:

• a copy of the document confirming the right to receive maintenance (a copy of the birth certificate);
• notification of sending the claim and documents to the defendant;
• document of residence (when filing a claim against a child, it is necessary to prove residence with the parent filing the claim).

Plaintiffs are exempt from paying state fees (Article 333.36 of the Tax Code of the Russian Federation).

Optional:

• copies of documents confirming the conclusion and dissolution of marriage relations;
• copies of certificates of earnings and income;
• certificates of prescribed treatment, etc.

IMPORTANT!

In 2021, amendments were made to the Code of Civil Procedure of the Russian Federation, according to which the plaintiff independently notifies the defendant of the presentation of claims, sends him the claim and the documents missing from the defendant. Another item is added to the application, which indicates a notice of notification or a receipt for sending documents by mail.

How to apply for alimony without divorce

There are two ways to obtain alimony through the court. If everything is clear with the father’s income and there is no need to prove anything, you can apply for a court order. To do this, it is enough to provide the court with the passport of the parent who is applying for payment and the birth certificates of the children.

The court order is issued quickly; you can receive the document in your hands on the same day of application. You need to go with him to the executive service and write an application for the collection of alimony. After this, bailiffs begin their work, who every month will withdraw the amount established by the court from the father’s salary and transfer it to the mother’s account.

If the income of a negligent parent needs to be confirmed or proven that over the past years he has not participated in the maintenance of children, it is necessary to file a claim. In this case, other documents will be required:

• mother's passport;
• birth certificates of all children;
• information about the defendant father (place of work, details of his bank accounts, cards);
• confirmation of sources of income.

“In court, you need to prove that a person has income,” notes lawyer Ruzanna Khanamiryan. “And to do this, you can request information about accounts and the movement of money through them through the court.”

It is important to understand that discovering the income of the defaulter is the task of the injured party. Therefore, it would not be superfluous to go to your spouse’s work and ask the accounting department for a certificate of income. It is possible that he provided completely the wrong paper for the court. It’s worth talking to your boss and explaining that the employee doesn’t want to take part in the children’s lives. It is unlikely that the team will praise you for this; perhaps the intervention of management will be enough to finally see alimony payments.

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How and where to apply

There are two options for collecting maintenance: claim proceedings and writ proceedings. In the first case, they turn to the district or city court, in the second - to the magistrate.

IMPORTANT!

From the end of 2021, a claim for alimony should be filed in a district or city court. Amendments were made to the Code of Civil Procedure of the Russian Federation regarding jurisdiction. In the order of writ proceedings, without calling the parties, there is the right to collect maintenance, but only if paternity is not established or disputed, and other participants are not involved. It is easy to file a court order, but also to cancel it. To obtain it, an application for a court order is drawn up.

Is it possible to apply for alimony while married?

“You can apply for alimony during marriage; there are no prohibitions or special conditions in the law,” clarifies Ruzanna Khanamiryan. — Alimony is money that is paid for the maintenance of a child. And if a parent does not give this money even during marriage, the second has the right to go to court and collect the money.”

Usually the situation looks like this: the father left the family and stopped all contact with his wife and children. Doesn't provide financial assistance, doesn't answer calls, doesn't send messages. This position of the father does not cancel the obligations established by law. Moreover, a mother should not leave her husband alone and sit waiting for everything to resolve itself. The lawyer recommends sending your spouse SMS messages or emails, which can be very useful in court.

“If a parent has not been involved in the financial support of their children for a long time, money can be recovered for the past three years,” continues lawyer Ruzanna Khanamiryan. “But in this case it will be necessary to prove that the other party tried to get the money, but failed to do so voluntarily. As evidence in court, you can provide SMS messages with the following content: when you send money for child support, how long will you have to wait for alimony? They will help convince the court that attempts were made to reach an agreement with the second parent, but were unsuccessful.”

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So, the document must contain the following information:

• Name of the specific magistrate's court to which the application is being filed
• Full name, place of residence, contact details of the applicant and respondent
• Information about the marriage (when and how the registry office is registered)
• Information about children for whom child support is being collected (full name, date of birth)
• Information about the place of work of the parent from whom child support is being collected
• A concise and clear description of the circumstances: the fact of living together or separately, the absence or insufficiency of material support, the inability to independently provide for children.
• Demand to collect alimony. Its essence should be stated clearly and specifically, for example: “I ask you to collect from (full name) alimony for the maintenance of (full name) in the amount of a percentage of earnings (the percentage depends on the number of children) until the child (children) reaches adulthood.”
• List of attached documents (more about them below)
• Personal signature of the applicants and date of filing the application or claim

ATTENTION! The full package of documents is submitted in two copies (one of them the court will send to the defendant for review). If demands for child support and a needy second parent are submitted at the same time, there must be two applications - a separate one for the children, and a separate one for oneself.

Important factors for calculating alimony

When calculating assistance for parents by the court, it is mandatory to take into account certain factors:

• the level of material and financial situation of elderly parents and children separately;
• parents' health status. If there are serious illnesses, you need an official doctor’s opinion and all instructions for further treatment;
• how many children are mentioned in the statement of claim - payments will be distributed proportionally between them;
• other important information as required by the court.

The calculation of alimony begins from the moment the application is filed with the court.

ATTENTION! The parent designated as the child support payer has 10 days to appeal the court's decision. If this happens, the court order is canceled and the consideration of the case continues, but in a lawsuit.

If the alimony payer has not appealed the order, after 10 days it comes into force. By court order, alimony can be collected forcibly through the FSSP. The start date of collection begins to be considered not the day of contacting the bailiffs, and not even the day the verdict comes into force. Alimony will begin to be calculated from the day you go to court - the date specified in the application.

Execution of the court order is mandatory. Otherwise, the alimony payer may be brought to administrative and even criminal liability.

What does the list of documents depend on?

Documents for filing for alimony are determined by the financial situation of the parties to the ongoing process, as well as their marital status. In addition, both the place of residence of the parties and the source of the material resources received have an influence. During the trial, substantiation of the demands of the participants in the process must be provided.

The amount of alimony payments depends on the rationality and validity of the collection of alimony. If the application is submitted due to the child’s incapacity or other deteriorated health condition, supporting medical reports and certificates will need to be added to the list of documentation.

It also matters whether documents for alimony are collected in connection with the consent of both parties, or whether a legal battle is expected. For example, a decision by mutual consent to support a child/children is less problematic.

Child support for one child from a non-working father

The obligation to pay child support does not disappear if the father is unemployed. A father needs to provide for his child , regardless of whether he works or not.

If the payer has an unstable income and the amount of his earnings is constantly changing, or the father is unemployed, then it is worth assigning alimony payments in a fixed amount. Establishing a fixed amount of child support obligations guarantees normal financial support for the child.

Alimony in a specific monetary amount should also be assigned if the father leaves for permanent residence abroad (Article 118 of the RF IC) or makes alimony payments in foreign currency.

If an agreement on the payment of alimony in a fixed amount is not reached with the father, then it is necessary to go to court. When determining the specific amount for payments, the court will take into account:

• the child’s usual standard of living;
• financial situation of father and mother;
• marital status of mother and father;
• individual characteristics for a specific case.

If a child is declared incapacitated, then when determining the amount of child support, the court takes into account the nature of his illness, the need for additional care and medications.

If the father does not work, then the minimum amount of alimony is set based on the average salary in our country, and the cost of living in the region in which the child lives is also taken into account. The fixed monetary amount of alimony is determined by the court so as to maintain the same level of support for the child (Article 83 of the RF IC)

If the father’s unemployed status is confirmed by a certificate issued by the Employment Center, then the court may oblige him to pay alimony based on earnings at his last place of work or pay alimony based on the average income in the region.

If a father avoids paying alimony for a long time to support his children, then it is possible to file a lawsuit to assign alimony in a fixed amount, even if the court previously decided to pay alimony as a percentage of income.

Voluntary alimony payments

The procedure for withholding alimony in the presence of good will is simple. It is enough to bring to the accounting department of the company where the payer works an application to withhold alimony from the salary. In the document please indicate:

• the date from which alimony is paid;
• alimony amount - fixed or share;
• timing of transfer of money in favor of the recipient;
• recipient's bank details.

Please attach a copy of the alimony agreement to your application. If alimony is established through the court, then instead of an agreement, bring a writ of execution.

When establishing alimony payments through the court, the judge relies on the current minimum wage. The minimum wage in this case is the minimum payment of child support . In 2021, the minimum wage is 12,130 rubles. That is, the amount of child support for 1 child is at least ¼ of the minimum wage or 3,032 rubles. 50 kopecks, for 2 people - 4,043 rubles. 33 kopecks, for 3 or more children - 6,065 rubles.

There is an important feature: if the payer works officially, but pays alimony below the amounts mentioned above, the claimant can contact the bailiffs or tax authorities . In this case, the authorities will organize an inspection of the enterprise and determine why the employee receives a salary below the minimum wage.

The paying parent may not have official income. Then the court focuses on the cost of living for the child in the region. Such payments are usually fixed and change only when the cost of living changes . Solid alimony is subject to annual indexation; shares are not indexed.

The subsistence level is the basis for the minimum amount of child support payments. The court may set the amount of alimony to be collected and more if the other parent provides evidence that the alimony payer can pay that much.

Conditions for collecting child support for parents

A related issue to this topic is in what cases parents can file for child support. There are several of these.

1. Parents reaching retirement age:

• Women from the age of 55 and men from the age of 60 have the legal right to apply for child support.

1. Parents with disabilities:

• officially confirmed disability of group 1 or 2

1. Living need:

• the fact must also have an evidence base that the parents’ funds are not enough for basic things: food, payment of utility bills, purchase of necessary medications and medicines.

Based on these conditions, parents who fall into one of these categories can file for the recovery of child support payments against their children.