Unfortunately, not all marriages are for life. It is not uncommon for spouses to get divorced. If the divorce occurs when there are no children in the family, the procedure is simpler. But if there were children in the marriage, the parents need to agree on how to support them. And often, one of the parties needs to file for alimony. Typically, the parent who lives with the child receives child support, and the parent who lives separately pays. Of course, spouses can agree among themselves how to support the child, but if such an agreement is impossible for various reasons, they have to apply for alimony so that the court forces one of the parents to contribute.
Which court to file for alimony
An application for alimony must not only be drawn up correctly, but also sent to the right place. As a rule, the document in question is submitted to the court, but depending on the order in which the case is considered, the court will also differ . Alimony can be collected using claim proceedings or applying the norms of writ proceedings.
If writ proceedings are implied, cases of this order must be considered by a magistrate who will collect alimony. The court will deal with a case if it meets a certain list of requirements. For example, if there is no need to establish paternity, and no one tries to challenge its fact. It is important that third parties are not involved in the case, and alimony is not collected in hard currency.
In situations where you need to sort out the establishment of paternity, if you want to collect alimony in a fixed amount (or receive money in hard currency and as a share of what you earn), then you should appeal to the city (district) court.
From October 2021 it has become impossible to file documents in the local magistrates' court. Now the recovery must be considered by the district court. If you need to sort out a case about collecting alimony, the claimant can decide for himself where to file the papers more efficiently. For example, he can file them at the debtor’s place of residence, or maybe based on his own place of residence.
Application deadlines
Civil legislation establishes limitation periods. However, they do not apply to family relationships, nor to the requirements that arise from them. Therefore, a claim can be filed regardless of the timing of marriage or the timing of divorce.
Important! The main thing that must be observed is that the application for alimony (sample) in marriage will be considered by the court if the child is a minor. But payments can also be recovered for the previous period, but not later than three years.
What documents are needed to apply for alimony?
Another difficult question with which problems may arise is what documents to submit for alimony? An appeal to the court must be justified by the papers in question, therefore their collection must be approached responsibly. First of all, there must be a statement. It is compiled taking into account the following requirements:
- be sure to indicate not only the name of the court where you are filing the application, but also do not forget to indicate at what address the branch you need is located;
- write down information about the child’s parents (their addresses, full names, place and date of birth and other identifiers);
- describe what the requirement is;
- indicate how much you want to collect in the form of alimony.
The application is submitted in two copies, but in addition to it, before applying for child support, you should collect a set of documents that will become the evidentiary basis of the application. Mandatory documents include a copy of the birth certificate of the child for whom alimony is being sought. To confirm the marital relationship of the former spouses, copies of marriage and divorce certificates, a certificate of family composition. The parties must also provide copies of their passports.
It is better to handle the preparation of documents and other matters with the help of a lawyer who knows how to collect alimony.
Required documents
In addition to how to write a correct application, you must also attach a package of documents to it, on the basis of which the claim will be considered. The standard list of documents includes:
- Applicant's passport;
- Marriage registration document;
- Birth certificate of a minor child;
- A certificate confirming the cohabitation of the mother and child;
- Certificate of income of the plaintiff and defendant (if possible).
Before submitting your application, it is better to clarify what exactly is required of you, as this list is not exhaustive.
The list of required documents is minimal, and collecting them will not be difficult, however, depending on the complexity of a particular family situation, you may be required to provide additional certificates. Also here you attach all the evidence that you have collected against your spouse about failure to fulfill parental obligations.
Application for a court order to collect alimony
An application for the collection of alimony within the framework of writ proceedings is often the simplest and most effective option for solving the problem. It is much faster and easier to initially use this route, since thanks to it you can obtain a court decision without personal presence at the hearing.
But in order for the application in question to be accepted, it must be drawn up correctly. When the case is reviewed, an enforcement order will be issued as a result. This order is sent to the bailiff service. Although the cases under consideration have some limitations.
For example, the amount of alimony is always determined taking into account the share of the alimony payer’s earnings. If a person’s official income is small, problems may arise because the amount offered to the child is not enough. It would be better to get by with a fixed amount, but the format in question does not provide for such a penalty.
The procedure under consideration can be used if it is necessary to collect alimony for minor children. They must not be over 18 years old. As a rule, such problems arise if it is necessary to collect child support for an incapacitated but adult child, since he remains in the care of both parents for his entire life. Also, cases where alimony is required for the maintenance of a parent who is caring for a child cannot be considered by order. In addition, the application in question cannot be used if the payer is trying to challenge the rights to alimony.
If there are no obstacles, you can draw up a document for the collection of alimony according to the following sample:
How to write a claim correctly?
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
The collection of alimony in marriage is no different from the general procedure for withholding financial assistance for a child after a divorce. Likewise, the statement of claim does not have any key differences.
The main difficulty in collecting money in favor of a child will be justifying the lack of financial assistance from the negligent parent.
When living together in a marriage, this fact is very difficult to prove, because the defendant must present compelling arguments.
| No. | Possible arguments |
| 1 | He does not work, has no income, but helps with the housework and takes care of the child (this can be either the mother or the father) |
| 2 | He has irregular and (or) unofficial income, which he contributes to the general budget |
| 3 | His help is non-financial in nature, for example - a parent can grow vegetables in a summer cottage or look after the household (if living in their own yard) |
The most interesting thing is that each of these example circumstances has every chance of life and recognition by the court.
All these circumstances need to be justified regardless of their “author”. The plaintiff parent will prove that there is no help from the marriage partner, but the marriage partner will, by hook or by crook, confirm his participation in supporting the child within his means.
The general requirements for all claims are specified in Art. 131-132 of the Code of Civil Procedure of the Russian Federation, which fully apply to claims for the recovery of alimony in marriage. Alas, neither the Code of Civil Procedure nor the Investigative Committee of the Russian Federation establish any specifics for the recovery of child support.
Form and content
Despite the absence of a clear list of information that should be included in a claim for alimony, in practice there has been an almost obligatory list of information, without which the court simply will not accept the document. It is formulated taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.
In a claim for spousal support, you must indicate:
- name of the judicial authority with exact address;
- Full name of the plaintiff and defendant, their addresses of residence and official registration;
- contact information of the parties to the case;
- description of the plot of the case: when the marriage was concluded, when the child was born;
- description of the grounds for the claim: why the defendant evades child support, what it is and what it is connected with;
- justification for the chosen method of withholding alimony (share or flat amount);
- claim to court;
- list of attached documents, personal signature and date of signing the document.
The claim must be made in writing, either by hand or on a computer. But if the claim for alimony in marriage is drawn up in handwritten form and is illegible, then the judge will leave it without further movement and offer to re-draft the document. This is a completely legal and established practice.
What method of collecting alimony in marriage should be indicated in the claim?
The same as after the divorce. The method of collecting alimony is not tied to divorce, marriage, or the specifics of collecting alimony.
According to the plaintiff, withholding of alimony may be requested:
- in a fixed amount;
- as a share of all types of earnings, linked to the number of children.
The choice of method of collecting assistance for a child in marriage is influenced by a whole range of factors.
In a shared ratio, alimony will be unconditionally collected if the defendant has an official and stable income. In all other cases, the claimant has the right to demand that alimony be established in a fixed amount, subject to periodic indexation to the level of inflation.
Example. Maria E. filed a lawsuit against her husband Sergei E., demanding to recover 10,000 rubles a month from him for the maintenance of their common son, Kirill. In the lawsuit, Maria indicated that her husband shirks the duties of a parent, spends all the money he earns on his own needs, and suffers from gambling addiction. He asks that the payment be established as a fixed amount, since Sergey is an individual entrepreneur and has an irregular source of income.
The court granted the claim and collected alimony from Sergei, since the latter could not refute the evidence presented by the plaintiff.
Sample application for spousal support
Drawing up a claim requires fairly extensive legal knowledge and free orientation in the norms of the Code of Civil Procedure of the Russian Federation.
You can try your hand at drawing up a claim for marital alimony on your own using the sample application provided below.
Important! Drawing up a claim yourself is highly not recommended if you have not previously had practical experience in the field of law. Our lawyers are ready to advise you free of charge on any issues related to preparing an application and collecting alimony during marriage.
Errors in the claim and violation of the provisions of Art. 131-132 Code of Civil Procedure of the Russian Federation may entail:
- leaving the document without movement by the judge;
- return of documents immediately or if the period for eliminating deficiencies has expired.
This does not prevent you from submitting the application again, but it will result in a loss of time and a delay in the process of collecting funds for the child.
Where to submit
A claim for alimony in marriage must be filed at the place of official residence of the defendant. A place of residence other than the registered address is not considered such.
The plaintiff may choose the place of hearing the case and the court at his place of residence, but only in cases where:
- the child lives with the plaintiff;
- The plaintiff has objective health problems that prevent him from traveling to another city.
These circumstances, which give the applicant the right to choose the place of hearing, must be confirmed by relevant papers. Only the magistrate's court is authorized to consider claims for alimony both during marriage and after divorce.
An exception that will result in the transfer of a case to a district court may be:
- simultaneous division of property between spouses;
- disputes about children;
- statement of counterclaim to cancel paternity.
The remaining situations are considered by the magistrate in accordance with the jurisdiction of the areas established by regional law.
Duty
The amount of the fee that must be paid when filing alimony is a fixed amount of 150 rubles.
In this case, the plaintiff is completely released from the obligation to pay it - in the future, if he wins, this amount will be withheld from the defendant. If the claim is denied for some reason, the plaintiff will have to pay the money.
Stated related claims, together with a claim for alimony during marriage, are paid in accordance with the provisions of Art. 333.19 Tax Code of the Russian Federation.
Claim for alimony
If there are aggravating circumstances listed above, you should draw up a claim and send it to the city or district court. Before starting a case, it should be borne in mind that the claim proceedings are complex and multi-level. All controversial issues are considered in it, therefore both parents must participate.
The filing of a claim follows the same pattern as in writ proceedings. It is important to describe the recorded violations towards the plaintiff on the part of the defendant. Otherwise the document is almost identical to the others. But if in doubt, you can seek the help of a lawyer so that he can help you avoid even the risk of error.
If you want to draw up a document yourself, a sample application for alimony will be useful. The sample will tell you where and what to write.
Pitfalls and practical recommendations
When considering a parental support case, the court considers all the details concerning both parties. It is mandatory to take into account not only the needs of the parents, but also the financial situation of the defendant himself. However, his lack of regular income is not a reason for refusing to assign payments in favor of his parents.
Competent preparation of the plaintiff for the consideration of the case significantly increases the chances of the claim being satisfied. The following will help you get a positive court decision:
- a correctly drawn up statement of claim, including justification of the reason for the appeal;
- the presence of witnesses on the plaintiff’s side who can confirm the fact that the parent lacks financial resources to meet minimum needs;
- indication in the application of the real amount for assistance without exaggerating needs;
- the maximum number of documents confirming the difficult financial situation of the applicant.
IMPORTANT! If the defendant can prove that the parent has the necessary means of living, for example, receives income from renting out real estate, then the court will refuse to satisfy the claim.
If the parents, taking into account all the facts, are recognized as needing help from their adult children, and have a legal right to do so, then the court will certainly satisfy such a claim.
Perhaps the judicial procedure requires a lot of time and effort to prepare , but this makes it possible for elderly parents to receive, albeit through the courts, financial assistance from their children, on whose maintenance and upbringing they spent many years.
How to apply for alimony via the Internet and State Services
Applying for alimony through State Services is much easier and faster than visiting the courts. Since filing an application with the court is a government service, it is available online. This public service allows for significant time savings. But for the public service to become available, you must have an account on the Public Services portal. If you don't have an account, you will have to register. You will also need to obtain an electronic digital signature, without which it is impossible to complete the procedure.
When the signature is ready and the account is activated, you need to go to the GAS “Justice” platform. Next you need to find the “Submit an Appeal” section. If you do not want to use the services of the State Services portal, you can perform the manipulations in question on the court’s website. You can use the following instructions as a sample.
Disability
A mother or father recognized as incapacitated can apply for alimony payments. These facts must be proven when applying for alimony in the following way:
- alimony for disabled parents can be assigned only upon presentation of a certificate from the MSEC institution - based on the results of a medical examination, one of three groups of disability is assigned on a permanent or temporary basis;
- retirement is also considered as loss of ability to work, this fact is confirmed by a pension certificate or a certificate from the Pension Fund of Russia.
Note! If the mother or father has reached the general retirement age, but has not acquired the right to pension support measures, judicial practice allows them to be recognized as disabled due to old age.
The court will take into account not only the actual age of the plaintiff, but also the real ability to continue working. If parents actively work after reaching old age, their income may be sufficient for a normal life. In such a situation, alimony will be refused, or a minimum payment will be established.
What you need to know before filing for child support in court
Before you apply for alimony, you need to find out a few nuances. For example, you should try to reach an agreement with the other parent. The agreement will significantly simplify the procedure for calculating alimony.
Contributions can also come from the spouse - it is not necessary to officially dissolve the marriage. But in order to guarantee the calculation of alimony, you should collect as complete an information base as possible. For example, samples of documents confirming the husband’s income if he has several sources.
Alimony in a fixed amount should be requested if the payer has unstable earnings. If the income is constant, it is better to receive alimony as a percentage. Even temporary unemployment is not an argument for stopping payments. But they can be assigned taking into account the regional cost of living.
The court may award alimony for children born out of wedlock. But you still need to prove that the alimony payer is the father of the child. Sometimes it comes to genetic testing if the parent refuses to pay voluntarily.
You can get legal assistance regarding alimony applications on our website.
Calculation of alimony in shares
A serious basis for calculating financial support for children who have not yet turned 18 years old is the violation of the law by a parent’s failure to fulfill the duties of a parent in relation to how he supports and raises a child who lives with another parent. In this case, he has the right to go to court. If the two parties previously entered into an agreement with each other with the help of a notary, then in order to pay the money you need to contact him in order to obtain his signature. It is also worth thinking about the fact that in some cases it is beneficial not to determine the shares of alimony, but to file a claim for the recovery of alimony in a fixed amount (follow the link).
There is a law in the legislation that prescribes the amount of interest on alimony withholding. It helps the court determine the child's child support shares. The largest amount that can be accrued as a share of the Debtor's income:
per child 1/4 monthly
- 25% share of child support for one child.
for two children 1/3 monthly
- if the other party is raising two children from the other, the amount can be increased - 33% of the salary and even other income.
for three or more 1/2 monthly
- in the case of three children, the court can recover 50% of all income.
The amount of alimony in shares is fixed in the Family Code of the Russian Federation and cannot be changed by the courts, even if you present exceptional circumstances that you have. At the same time, you can resolve the issue of collecting alimony for your spouse, so as not to waste time and energy on solving this problem separately.
There are situations when a mixed execution is determined in court in shares, the calculation of which occurs depending on the hard financial terms and other income. In most cases, this happens if the parent receives income from different places or not regularly. At the same time, only a sixth of the income can be collected, together with a third of the subsistence minimum for a child under 18 years of age. The cost of living, which is established in the region where the child lives, is taken into account.
Methods for establishing alimony
When parents apply for child support payments, there are two options – drawing up an agreement or filing a lawsuit. The best option is to conclude a mutual agreement, which is drawn up according to the following rules:
- the terms of payment are drawn up in the form of a written document, which must be certified by a notary office (without contacting a notary, the agreement is invalid);
- The parties determine by mutual agreement all the conditions of material support - the amount of monthly payments, timing of funds transfer, etc. (the law does not contain minimum and maximum limits on payments);
- Once the agreement has been certified, it cannot be terminated unilaterally.
alimony agreement on payment of alimony to parents
The agreement may provide for a specific period of time during which the children will allocate funds in favor of the parents. For example, such a condition may be the period for which the disability is established.
If parents and children have not reached a general agreement on the payment of alimony, such a demand may be presented to the court.
Agreement on child support for parents
The previously considered option of receiving alimony is compulsory and is carried out by court decision.
However, alimony can also be established by a child support agreement. The conclusion of this type of agreement is determined by the existence of a trusting relationship between relatives. The readiness of the parties for dialogue always simplifies the solution of the problem. Both parties need to understand that alimony is provided for by law. Therefore, most often their establishment is a matter of time. However, their size is controversial.
As a result, both parties benefit from concluding an agreement on alimony - children pay less alimony than the court determines and do not incur legal costs; parents receive child support immediately, without waiting for a court decision without proving all the circumstances of the case in court.
It is important to note : the alimony agreement has the same legal force as a judicial act.
In this regard, if for some reason alimony is not paid, it can also be collected through the court.
ATTENTION : the form of the alimony agreement must be notarized.
