How to Apply for Child Support If You Don’t Know Where the Child’s Father Lives and Works Sample

Good afternoon I've been divorced for over a year. The ex-husband refused to pay alimony, where he is now unknown. There is information that after the divorce he moved and lives in another city. Having decided to go to court, I was refused to accept my application because I did not indicate the address of my ex-husband. Until I do this, the claim will not be accepted! How else can you apply for alimony if you don’t know where your husband lives? How can I get the magistrate to accept my claim?

Often, after a divorce, the wife does not have information about the registration (registration), other place of stay (residence) or official place of work of her ex-spouse. But this should not be considered as an obstacle to collecting alimony. Even if the child’s father lives in another city after a divorce, the child’s mother is not obliged to look for him on her own or in any way find out information about him.

If, after the divorce, the child permanently lives with the mother, the ex-husband is obliged to participate in the upbringing and maintenance of the child, paying money for his needs in the form of alimony. In cases where the father of the child ignores his responsibilities and does not pay alimony on a voluntary basis, the ex-wife has the right to file an application with the court and recover the funds necessary for the needs of the child in court.

Where to go to collect alimony and whether you need to go to another city

How to apply for child support if the father lives in another city This method of filing an application helps save time and avoid litigation, but is financially expensive. The applicant will have to pay for a lawyer, signing a power of attorney, moving and temporary residence of a representative in the city where the trial is being held. Russian legislation allows the payment of all services to be transferred to the father of the child if the court awards alimony to the defendant.

photocopy of passport, birth certificate, divorce document;

a document confirming the child’s residence with the applicant;

bank statements of both parents.

If the mother and father of the child can agree on the payment of child support on an amicable basis, it is possible to conclude an agreement without trial. After which the lawyer will submit a request to government authorities to obtain alimony.

If the arguments presented are convincing, court representatives make a decision to recognize paternity.

Have you ever experienced delays in child support payments?

Not really

If the child does not have Russian citizenship

The Russian judicial system provides for the possibility of changing child support obligations, but only in order to protect the interests of the child. If a foreign citizen lives in a country that is economically disadvantaged, then the applicant, as a citizen of the Russian Federation, can ask the court to use the norms of domestic family law. Just ask, but not demand, since the determination of alimony is the right, but not the obligation of the court.

The absence of Russian citizenship for a child radically changes the procedure for collecting alimony. In such a situation, it is necessary to apply the rules of the country where the foreign citizen and children live. Without a professional lawyer who understands the intricacies of international law, it will be difficult to obtain alimony.

Sources:

Minsk Convention

Art. 80 IC RF. Responsibilities of parents for the maintenance of minor children

Art. 163 RF IC. Rights and responsibilities of parents and children

Art. 118 RF IC. Payment of alimony in the event of a person leaving for a foreign country for permanent residence

Judicial procedure for collecting funds from a father living in a neighboring city

How to apply for child support if the father lives in another city

Draw up a voluntary agreement. The alimony agreement is intended to regulate the order, amount, and regularity of payments. It is possible to draw up an agreement yourself, but in order for the document to acquire legal force, it must be certified by a notary office.
Forcibly recover funds through the court. If it is impossible to resolve the alimony issue voluntarily, the mother has the right to file a claim in the magistrates or district court. The jurisdiction of the application is determined by the value of the claim.

If the parents managed to agree on the amount, procedure and other issues of child support, then they should draw up an agreement. In general, the procedure for concluding an alimony agreement consists of several stages:

Unfortunately, due to insufficient legal knowledge, most women do not know how to apply for alimony if the father lives in another city. Many mothers believe that it is possible to arrange the payment of obligations only in the personal presence of both parties. However, such an opinion is erroneous, since according to the norms of the current legislation, the applicant has the right to file a claim in court and initiate a trial in absentia. If the alimony obligee refuses to pay the money voluntarily, then the recipient has the right to contact the FSSP by mail.

Contents and sample of the statement of claim

How to apply for child support if the child is not registered with the father. The application is drawn up in triplicate. One remains in court, the second is returned to the plaintiff by the secretary with a note about registration. The third is sent to another side of the production. The plaintiff and defendant had a daughter in an unregistered marriage in 2003. The wedding took place only in 2005. The divorce occurred in 2009. Until that time, the woman did not insist on establishing paternity, and the man refused to submit a joint application to the registry office.

Before filing for child support from a man, if he is not registered as the father of the child, paternity must be established. This is done through the court or voluntarily. Until there is no record of the father, payments cannot be demanded. An exception is voluntary participation in the maintenance of a minor. Let's consider what a woman should do in such a situation, how to collect alimony, where to go and what will be needed for this.

Judicial procedure

The judge, having examined the statement of claim, making sure that it complies with the requirements of the law, prepares a ruling in which he indicates the following information:

on the initiation of a civil case;
on the date and place of preparation for trial;
about the circumstances that the parties must prove.

Most of the court ruling is information about the procedural rights of the plaintiff, defendant and third parties, if any in the case.

"Conversation"

The parties are called to prepare the case for trial or, as it is informally called, for a “conversation.” At this stage, no minutes of the court hearing are kept. The judge actually talks with the parties, finding out their positions and asking clarifying questions. In addition, when preparing a case for trial, you can:

submit petitions;
present evidence and objections.

If you don’t show up for training, nothing bad will happen. A court hearing will be scheduled in any case.

Court session

At the court hearing, the case is already considered in strict accordance with the requirements of the Code of Civil Procedure of the Russian Federation. Any violation of the review procedure is grounds for appealing the decision.

How is the trial going? Roughly in this order:

The judge checks the appearance of the parties. What happens if the defendant does not appear in court? The court finds out whether he was notified and why he did not come. For the first time, the consideration of the case is postponed. If the defendant does not appear a second time, then the court can make a decision without him. It is better for the plaintiff to always come to court. If he fails to appear in the courtroom 2 times without good reason, then the court does not consider the claim and returns it to the applicant. If it is not possible to appear at the court at the appointed time, you must notify the secretary of the meeting about this, at a minimum.
The rights of all persons participating in the case are taken into account. Notified if video is being filmed or audio is being recorded.
Next, the parties give their explanations on the merits of the dispute. Each side, after it has explained its position, can be asked questions. Here it is very important to understand the features of the proof process and be able to formulate the right questions. This is a whole science, which is taught in good universities at the Faculty of Law. By asking the right questions at the hearing, an attorney can ensure the success of the case. For example, a potential payer of funds present at a court hearing is clearly hiding his income, but there is no evidence of this. An experienced lawyer can ask a series of interconnected questions in such a way that the court will be able to determine that the defendant is lying, pretending to be a financially insolvent person.
The next stage is researching the evidence. The research procedure is proposed by the parties, and the court approves it. Usually, various documents are first studied, then witnesses are called, videos are watched, etc.
Next, the parties speak in debate. That is, they continue to justify their position based on what happened during the court hearing. The speech should not be too long, but well-reasoned.

After this, the judge goes to the deliberation room and makes a decision, which, after the process has passed, is issued to the parties. In particular, this is necessary to appeal the process and the decision made as a result. If there are no complaints, then you need to obtain a writ of execution, on the basis of which funds will be collected for the children.

How to behave in court? If you want to be present and participate in the process, then it is advisable that a lawyer be present with you, who, among other things, will suggest the correct course of conduct in the courtroom, depending on the specific situation.

We suggest you read: Is it possible to issue a power of attorney without the presence of the principal?

Transferring money to a child's bank account

How to apply for child support for yourself

Living wage. The payer must pay an amount that is a multiple of the cost of living in the region. If a subject of the Russian Federation does not establish this indicator, then the cost of living for a minor child in the Russian Federation is taken into account.
Amount of children. The agreement can be drawn up for each child individually or for all children at the same time.
Payer's earnings. At least 25% of the salary is deducted for one minor, 33% for two, 50% for three or more.

To recover funds, a woman must independently file a claim in court.

The father cannot independently collect alimony from himself for his spouse or child.
A man also cannot enter into an agreement without the participation of the child's mother.
If you do not take part in supporting the minor, the spouse will subsequently be able to go to court and recover funds for the past 3 years.
To avoid a one-time collection of a large amount, you can transfer funds monthly to the child’s personal account, be sure to indicate the purpose of the payment.

Is it possible to collect alimony while living in different cities?

How to apply for child support if the child’s father lives in another city or has moved

Order production. An application for a court order is submitted and is considered within 5 days. Relevant if there are certificates of the payer’s income. The latter can file an objection to the order within 10 days after receiving a copy, and then the issue is considered through a lawsuit (Article 129 of the Code of Civil Procedure of the Russian Federation).
Claim proceedings. The case is considered for no more than 1 month (Article 154 of the Code of Civil Procedure of the Russian Federation).

The “Personal Account” service is available on the official website of the FSSP, through which individual entrepreneurs can submit applications and complaints, and maintain contact with bailiffs.

The statement of claim for the collection of alimony at the defendant’s place of residence must contain the following information (Article 131 of the Code of Civil Procedure of the Russian Federation):

Search for alimony holder - what to do if the father of the children is hiding

In order for fate to begin the process, the defendant must be found. After filing a statement of claim, you can take steps to find the debtor yourself:

Look for a person through relatives and friends.
Where the defendant previously lived.
At the location of the alimony provider’s property.

Sometimes an independent search gives results. The defendant’s relatives are unlikely to want a large-scale trial and will inform the alimony provider that they are looking for him.

Who should look for alimony debtor?

If the claim contains a search request, then law enforcement officers are required to do this.
If this was not indicated in the application, you need to personally contact the official with a search application, in accordance with Law 229-FZ. Law enforcement agencies will connect all resources and will be able to find the debtor much faster. A person can be searched by the car registered to him or by contributions to the Pension Fund.

How to properly control the search for a debtor for non-payment of alimony

If it was not possible to find the defendant, then further search will be carried out by bailiffs based on a court order. If alimony providers who are hiding from payment expect that the trial will not take place without their presence, then they are mistaken. Bailiffs are already taking drastic measures: they can seize property and prohibit the alimony worker from leaving the country.

You can control the process through communication with the bailiff who is handling the case. His duty is to find the person and provide the plaintiff with information about the progress of the process.

Judicial act and its consequences

A judicial act allows employees to demand payment of debts from the alimony provider.
To receive it, you need to write an application for the issuance of an order to recover funds. (Sample in attachment). If a request for recovery is included in the initial application, then it is not necessary to write a second one. Let's consider the consequences of non-payment of alimony:

A penalty of 0.5% of the debt amount is charged daily.
Assignment of forced labor for up to a year.
Property is seized and can later be sold at auction.

When the amount is collected by force, the child support provider may be deprived of parental rights.

Every family that has broken up has its own story, and most often finding it through existing contacts does not cause problems. The essence of the situation must be conveyed to the person and an offer should be made to negotiate the amount of alimony without a judge and jury.

Elena Aleksandrovna Wear Lawyer

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Before applying for child support, if the child is not registered with the father, the mother should discuss this issue with the man. During the conversation, it is imperative to mention the possibility of moving the conflict to the judicial level and a significant increase in spending.

In what situations is kinship determined through court?

Child support if the child is not registered with the father

the name of the court to which the applicant applies;
the full name, telephone number and residential address of the plaintiff;
Full name and place of residence of the defendant;
date of birth of the minor in respect of whom the relationship is determined;
designation of the fact of a man’s refusal to officially recognize paternity;
the fact that the father evaded paying child support;
a list of evidence available to the plaintiff to confirm his point of view;
requirements for the judicial authority;
list of documents attached to the claim;
date of preparation and signature of the applicant.

Important! The parties have the right to agree on alimony in two ways: draw up an agreement and involve a judicial authority.

Components of a claim to establish kinship

Determination of paternity through court (read more...)

a photocopy of the minor's birth certificate;
a receipt for payment of the state contribution in the amount established by the Tax Code of the Russian Federation;
photocopies of the identity cards of the plaintiff and defendant.

Important! In the vast majority of cases, the court orders a genetic examination to determine paternity. The defendant has the right to refuse this study. If the case is evasive, the judges will make a final decision based on other evidence provided by the plaintiff. This rule is regulated by Article 79 of the Code of Civil Procedure of the Russian Federation.

§ How to Apply for Child Support If You Don’t Know Where the Child’s Father Lives The procedure for establishing paternity through the court

Documents attached to the claim

The Code of Civil Procedure of the Russian Federation contains a list of documents that must be attached to the claim.

These include the following documents:

A copy of the claim for the defendant and third parties;
A copy of the plaintiff's passport;
A copy of the child’s certificate or passport;
Other documents confirming the circumstances referred to by the plaintiff.

It is also advisable to attach documents on the financial condition of the parties and their marital status to claims for alimony.