Application to court to establish paternity by DNA and child support

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The birth of a child is a joyful event for most families. But in a number of cases, a child born out of wedlock becomes a burden to his father, who refuses to both help the child and participate in his upbringing and maintenance. In this case, the mother is waiting to establish paternity and file for child support in relation to the negligent father who abandoned his child. After all, even a voluntary renunciation of paternity does not relieve the biological father from the obligation to support his child for a long time.

In what cases it is possible to establish paternity and apply for alimony through the court and without, as well as how to do this, we will consider in this publication.

We write an application to establish paternity and submit it to court.

In modern Russian realities, it has become the norm that a woman raises a child alone. It is difficult to force a person to take part in upbringing and feel affection for a child against his will, but there are things that can be influenced.

Many girls, due to legal illiteracy or unconscious infringement of their rights, raise children without financial support from their biological fathers. They should remember that in this way they infringe not only their rights, but also the child.

Every child has biological parents - a man and a woman who once fell in love with each other and had a baby. This is wonderful. However, it often happens that the child actually does not have a father. Why? Everyone has reasons.

The consequence is that the child grows up without a father who does not participate in upbringing, does not help financially, in other words, evades direct parental responsibilities. To do so is immoral and illegal. A person must be responsible for the birth of a child.

If you are a mother and find it difficult to support your child on your own, read this article. You have every right by law to receive financial assistance from the man whose son or daughter you are raising. The law is always on the side of a single mother and her child.

It's good when a child has a dad. It’s bad when the child’s dad doesn’t recognize him. Such a father tells the mother: “This is not my child. You have no proof. I won’t provide for him.” And mom gives up.

You can not do it this way! The father is required by law to provide for the child! If the mother puts up with it and carries everything alone, the child will suffer.

Think about the future. Providing for your son or daughter alone is a short-term, short-sighted solution. A long-term and promising option would be to go to court, establish paternity by DNA and collect alimony from the father . This way you will achieve a life of prosperity and peace for your child.

In this article you will learn:

1. How to go to court? What documents are needed?
2. How can I refer my father for a DNA test? How accurate are the results?
3. What other evidence of paternity is suitable for trial?
4. How much child support does a father pay for a child? On what terms?
5. How long is child support paid?

Where to contact

The court's verdict comes into legal force immediately after its delivery. If we talk about the establishment of the fact of paternity itself, then in the event of an appeal, the act will begin to take effect only after the corresponding decision of the higher court.

As soon as applicants receive the relevant act, they are required to send it to the registry office. Its employees will definitely make a note about the birth, which is no different from what is entered during official marriage relations. This entry provides the right to receive alimony in favor of the child. If the child has already reached the age of majority, even if he can prove paternity, he has no right to demand payment of alimony for the previous period. But after confirmation of this fact, the children become priority heirs.

The magistrate deals only with issues regarding alimony. Consequently, in order to establish paternity before this, an application from the plaintiff is submitted to the city or district court.

The claim is considered at the place of registration of either party. Here, the right of choice is given to the injured party, even if the defendant is a resident of another country.

How to go to court? What documents are needed?

First, the child's mother or guardian (plaintiff) fills out an application.

Please enclose with your application:

• Child's birth certificate;
• Certificate from the place of registration of the child (if you are filing a claim in your district court);
• Petitions for obtaining evidence;
• All evidence of paternity that you intend to use in court (see the list in the section “What other evidence is suitable for trial?”).

There is no need to be afraid to go to court. It is much scarier to raise a child without help in the eternal search for additional income. Some problems can be solved if justice is established legally. The court most often takes the side of the single mother, the court decision is subject to immediate execution and alimony is paid by the biological father from the day the claim is filed in court.

Fill out the statement of claim according to all the rules, as required by the court, otherwise it will not be accepted. Download application templates for collecting alimony and establishing paternity.

You can submit documents in three ways:

• Come to the district court office in person;
• By mail;
• Through a lawyer.

You can file it in your district court, or you can go to the court at your dad’s place of residence. This is your choice. All documents are submitted in two copies. One for the court, the second for the defendant. There is no need to pay state duty.

Expenses

The plaintiff in the claim to establish paternity and subsequent collection of alimony is exempt from paying the fee.

The requirement to collect alimony by default is “preferential”, the plaintiffs under it are subject to exemption from paying the fee. And the request to establish paternity is submitted to protect the interests of the minor, which also entails relief from the burden of bearing expenses.

In the future, the entire fee will be collected from the defendant, namely:

• 150 rubles for alimony claim;
• 300 rubles for establishing paternity.

Additional costs for the plaintiff will be:

• payment for DNA examination - from 20 to 40 thousand rubles, depending on the institution and urgency;
• payment for lawyer's services for drawing up a claim and representation in court - by agreement.

All these expenses can be fully recovered from the defendant if the trial is won and his paternity is established. The costs incurred for legal services will need to be documented to the court.

How can I refer my father for a DNA test? How accurate are the results?

The father is notified of the claim. The court schedules a preliminary hearing. It is there that the judge will consider your request to demand evidence. Most likely, he will be satisfied. The court will request a DNA examination and send the father for it.

DNA testing takes place in the presence of a lawyer. He checks the father’s passport or birth certificate, takes photographs of the participants, and observes how biological material is taken for DNA analysis.

In the worst case scenario, the DNA test will be 99% accurate. Errors are excluded, accuracy is guaranteed.

What other evidence is suitable for trial?

If the father evades the DNA test and cannot be forced, provide the court with any other evidence that helps establish paternity. For example:

• Testimony from relatives and friends;
• Correspondence, photographs, videos;
• Facts of joint purchases, trips;
• Facts indicating that you lived and ran a household together;
• Facts of co-parenting a child;
• Mother's testimony about her relationship with her father.

The court considers everything. Prepare in advance. Even if the father passes the DNA test, provide the court with all additional evidence. They will never be redundant.

Denial of paternity

In addition to establishing paternity, the court may also consider a case of renunciation of paternity. This is possible in cases where the father finds out that the child is not his. However, if at the time of the birth of the baby the father knew about the fact of paternity of another person, such cases are not considered. Also, cases of establishing paternity or renunciation of paternity are not considered if the father has given his written consent to the use of someone else's genetic material.

In other cases, paternity renunciation is possible, the establishment of which occurs only through the court. In this case, the procedure is similar to the process of establishing paternity: first, evidence is collected and a statement of claim is filed, after which the case of denial of paternity is considered.

Both consideration and decision-making in the case of a decision to renounce paternity are possible exclusively in court. As a rule, such cases take much longer than acknowledgment of paternity (however, the fact of establishing paternity is somewhat easier in court), and are also morally difficult for both parents, as well as their child.

If, nevertheless, the fact of renunciation of paternity is recorded, a corresponding entry is made in the registry office book.

How to establish paternity and why you need to do it

If the man is really the father of the child, you will probably receive alimony. Without a document that allows you to establish paternity, it is almost impossible to obtain financial assistance from this person. For this purpose, a genetic examination is performed - a DNA analysis that confirms the relationship of your child with his father. A DNA test is the first thing you need to do if your ex-husband, common-law husband or man with whom you had a close relationship does not recognize the child.

It happens that a man does not want to take a DNA test, despite requests. He categorically refuses the child or even denies that there was anything between you. Then the court will force him to hand over the necessary materials for analysis. If here, too, the man denies this in every possible way, the court sides with the mother. This means that you will receive alimony one way or another. In any case, if the man does not make contact and refuses to recognize his relationship with the child and take tests, then you, as the mother, must file a lawsuit with a request to establish paternity and seek financial assistance for the maintenance of the child.

DNA testing is usually sufficient to establish paternity and award child support. Sometimes other evidence is required - joint photos, videos, correspondence, testimonies of relatives and friends. Keep this in mind and gather the necessary materials just in case.

There is no need to do a DNA test if:

• the child was born in an official marriage.
• the child was born within 300 days of the divorce.
• You and your man were not officially married, but he voluntarily applied to the registry office and registered the child in his name.

In these cases, establishing paternity is not required, and we proceed directly to the application for alimony.

Establishing the status of “dad” and collecting alimony for previous years

If paternity has not been established, it will not be possible to collect child support for previous years. The fact is that payments are assigned from the moment you go to court (Article 107 of the RF IC). Until this date, the father is not obliged to pay money to the child. The exception is situations when a voluntary agreement on child support is drawn up between the parties. The document has the force of a writ of execution (Article 100 of the RF IC). If a parent has entered into an agreement, but refuses to pay, and a debt has accumulated, it is necessary to proceed according to the following scheme:

1. Take an agreement on the payment of alimony, an identity card and a birth certificate of the child, and contact the FSSP. Write a statement requesting the commencement of enforcement proceedings.
2. Wait until the bailiffs carry out forced collection and oblige the child’s father to continue to provide alimony in the future.

A similar scheme applies if a court decision has been made and alimony debt has arisen.

Trial

You, as the mother of the child, go to the court at your place of registration and personally submit an application. This can be done through the office, by mail or by e-mail. It doesn’t matter how much time has passed since the divorce - such court cases have no statute of limitations. The state strives to do everything possible for the benefit of the child and single mother.

The process is like this:

1) You collect all the necessary documents:

- child’s birth certificate

— passport details – yours and the child’s father

- a document allowing to establish paternity, if necessary

- a certificate about the composition of your family

- certificate of income of the child’s father

- statement of claim

2) Pay state fees and attach a check to the previous documents. You submit documents to the court.

3) After 5 days, bailiffs consider the case and summon the defendant - the father of your child - to court.

4) In court, the plaintiff’s side and the defendant’s side are heard. Witnesses are interviewed.

5) They make a decision on the payment of alimony to your child and on its amount. Alimony is awarded with the signing of the writ of execution.

The court's decision

The court makes a decision based on the provisions of Chapter 16 of the Code of Civil Procedure of the Russian Federation. The applicant's demands may be satisfied in part or in full, or rejected. When it comes to establishing paternity and assigning child support, there are only two solutions. The applicant's claims are either rejected or confirmed. It all depends on the evidence provided. The amount of alimony is established in accordance with the provisions of Article 81 of the RF IC. The payment directly depends on the number of children:

• one child – the amount of alimony will be 1/4 of the income of the child’s father;
• two children - the amount of payments will be 1/3 of the income;
• three offspring - the father is obliged to transfer 1/2 of the income.

Attention
The amount of alimony may be changed: reduced or increased by court decision (Article 81 of the RF IC). The father’s financial situation or other circumstances are taken into account. The reason for changing the amount of alimony is the presence of other minors or disabled children, low income, disability or illness. The physical condition of the child is also taken into account. Payments may be larger if children are sick and need long-term treatment, or alimony for a disabled child.

Alimony, after paternity has been established, can be paid to the child in a fixed amount or as a percentage of income. Collection of payments occurs monthly (clause 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. dated December 26, 2021). Typically, alimony is established in a fixed form if the child’s father does not have regular income.

Supporting facts and documents

For children born before March 1, 1996, namely before the new Family Code came into force, at least one of the conditions was required. Then the court was able to conclude the case and establish paternity for the purpose of paying alimony.

Various types of evidence are now being used:

• letters;
• photographs and inscriptions;
• witness's testimonies;
• corresponding statements and questionnaires, where the man indicates himself as a father;
• the presence of constant financial assistance that the man or his relatives provided to the child.

Conducting a medical examination

The possibility of identifying paternity is assessed in the totality of all existing evidence, however, examination data cannot be regarded as decisive.

Genetic testing is rarely ordered by the court, despite the fact that it easily solves the problem.

Moreover, it is not required if the defendant personally acknowledges paternity during the court case. If a man is unable to have children due to health reasons, there is also no need for the test.

Is it possible to challenge alimony? The answer is provided in the article “How to File an Appeal for Child Support.” Whether alimony is intended for the maintenance of a wife >can be found out here.

The legislative framework

The process of establishing paternity through the court is regulated by the following bills:

• Family Code of the Russian Federation;
• separate articles of the Code of Civil Procedure of the Russian Federation.

Based on the submitted application from the injured party, and most often from the female part of the population, the court is engaged in establishing paternity on the basis of the Code of Civil Procedure, Art. 265. The fact that as a result of a change in paternity the property and personal rights of children change is provided for by the Code of Civil Procedure, Art. 264 clause 4.