Statement of claim for collection of child support sample 2021

How to correctly draw up a statement of claim for the collection of child support or the issuance of a court order? For most mothers, this is a serious issue. However, there is a certain payment procedure.

When resolving the issue of divorce, spouses who have small children have the right to agree on support options among themselves, including the transfer of property for future payments. Otherwise, the court will decide for them when a potential alimony recipient applies.

How to do this correctly and quickly, as well as what documents are needed, read in this material. If you have any questions, leave comments at the end of the article. They will definitely be answered.

Child support, can anything change?

Currently, there are preconditions that child support will be collected a little differently.

This will affect both the revision of the amount of payments and assistance in receiving them. When and how to file an application for alimony? There are several ways.

The first is a “peaceful” agreement between parents, which must be certified by a notary.

The second method is used when the father does not want to pay child support. In this case, the mother can appeal to the magistrate's court.

As practice shows, the second option for solving this problem is more in demand in our country.

In addition to the mother, an application for payment of alimony can be submitted:

When adopting a child by one person - the adoptive parent.
Guardian or guardian of children.
Adoptive parents.
Guardianship and guardianship authorities.

The administration of the institution (in most cases, an orphanage) in which the child is being raised also has the right to submit an application.

What amount should I write in my application for alimony?

To date, the procedure for receiving alimony payments has not changed. In the same way, they are paid on the basis of a notarial agreement on alimony between the mother and father, or by court decision.

In the latter case, payments are awarded both in a flat amount and in a certain proportion of permanent income. The amount of alimony remained unchanged.

Article 81 of the RF IC establishes the following amounts:

1 child 25%.
2 children 33%.
3 or more children 50%.

However, the minimum payment limit is not established by law. Therefore, the court is free to resolve this issue with its own decision. In addition, if the husband does not pay, the debt accumulates and the penalty for alimony is 0.1% (Article 115 of the RF IC).

Application for alimony sample 2021

At the same time, the State Duma is actively discussing an initiative to make child support no lower than the subsistence level.

In addition, it is possible that payments may be subsidized by the state from the federal or municipal budgets. In particular, the implementation of a mechanism consisting in the payment of benefits to mothers is allowed.

By the way, it is already possible to receive payment for the loss of a breadwinner by recognizing the father of the defaulter as missing. To do this, you need to submit an application to search for the alimony debtor, and after one year go to court.

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Lawyer, specialization civil law. More than 19 years of experience.

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Do not forget that it is possible to increase the amount of alimony through indexation. It is carried out in the event of a change in the cost of living or other social indicators.

How to apply for child support to the Magistrates' Court

When going to court, we recommend using a website that complies with current legislation.

The claim indicates the name of the court, information about the plaintiff and defendant. The main block must contain the reasons that prompted you to go to court. This is how they ask for alimony for the mother of a child up to 3 years old, as well as for the maintenance of one or two children.

Regardless of whether an application for spousal support is filed or not, a certain list of documents must be attached to the claim.

List:

Copies of the court's divorce decree and the child's birth certificate.
A copy of the plaintiff's passport.
Certificate from place of residence about family composition.

The application examples below provide a complete list of attached documents.

When canceling a child support order, you must file a lawsuit. It mentions the date of the initial appeal to the court, then payments will be assigned from that moment. If this is not done, alimony will be collected from the husband from the date the claim is filed in court.

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Next, you need to obtain a writ of execution and send it to the bailiff for further enforcement.

If the spouses have entered into a notarial agreement with each other, then it is necessary to proceed from the following.

If its provisions are violated, it is not necessary to further go to court. In this situation, it will be enough to hand over a copy of the agreement to the bailiff.

And just as in the case of a writ of execution, a similar mechanism for forced collection will operate here.

If you need to resolve the issue of financial support as quickly as possible, then you need to apply for a court order. Below is a completed example.

With this procedure, there is no need to participate in court hearings.

Responsibility for late payments

The procedure for monitoring payments is carried out by the bailiff service. If the debtor evades his obligations, he may be charged interest for the delay. In addition, a criminal case may be initiated. In some situations, it will be possible to file an application with the court to deprive the father of parental rights.

Calculator of penalties and alimony debt:
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Example of an application for a court order

To the magistrate of judicial district No. 6 of the Sovetsky district of Moscow

Moscow, st. Serova 7.

Claimant: Ivanova Natalya Petrovna

Address: Moscow, st. Kuibyshev house. 8, apt. 89.

Debtor: Sergeev Nikolay Vladimirovich

Address: Moscow, st. Goltsa 89, apt. 65.

State duty: 150 rub.

Application for a court order to pay child support for a minor

Sergeev Nikolay Vladimirovich, living at the address: Moscow, st. Goltsa, 89 sq. 65, is the father of the child, Egor Nikolaevich Ivanov, born December 12, 2014, living at Moscow, st. Kuibysheva, house. 8 sq. 89, which is confirmed by a certificate from the place of residence.

Sergeev N.V. does not provide maintenance to his minor child. A notarial agreement was not concluded between Ivanova N.P. and Sergeev N.V.

According to paragraph 1 of Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form of providing assistance are determined by mutual agreement.

Parents have the right to enter into an agreement on the maintenance of their children in accordance with Chapter 16 of the RF IC.

According to paragraph 2 of Art. 80 of the RF IC, if parents do not provide maintenance to their minor children, then the funds are recovered from them in court.

According to paragraph 1, this article contains rules according to which, in the absence of an agreement, money for children is collected by the court from their parents monthly in the amount of:

for 1 child - one quarter;
for 2 children - one third;
for 3 more children – half the earnings and (or) other income of the parents.

According to para. 5 tbsp. 122 of the Code of Civil Procedure of the Russian Federation, a court order is issued if a claim is made that is not related to challenging and establishing paternity (maternity) or the need to involve other interested parties.

Based on the above and guided by Art. Art. 80, 81 RF IC, Art. Art. 121 - 130 Code of Civil Procedure of the Russian Federation,

I ask the court:

Issue a court order to collect from Sergeev N.V. alimony for the minor child Ivanov Egor Nikolaevich, born December 12, 2014 in the amount of 25% of income.

Application:

1) A copy of the child’s birth certificate dated December 15, 2014 No. 345/24.

2) Copies of documents indicating the relationship between the child and the debtor.

3) Certificate from the debtor’s place of work regarding the amount of wages.

4) A certificate from the debtor’s place of work confirming the absence of deductions from him based on a court decision or other executive documents.

5) Certificate of family composition of the debtor.

6) Documents confirming that a minor child is dependent on the claimant.

7) Documents confirming the stated requirements.

Other documents confirming the circumstances on which the claimant bases his claims.

9) A document confirming payment of the state duty.

04/14/2018 Claimant: Ivanova Natalya Petrovna.

Application for a court order for alimony

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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Filing a lawsuit for alimony is the most effective way. Claims are almost always satisfied 100%. The main thing is not to let things take their course. If there is no time or desire to communicate with a negligent father in court, you need to enlist the support of a lawyer.

Sample of filling out a claim for alimony

Below is an application form for alimony; it can be downloaded and edited to suit your needs. You can also find out how to receive alimony in a civil marriage by following the link.

Judicial site No. 16 of the Leninsky district of Moscow

Moscow, st. Mira 67.

Plaintiff: Rudenko Irina Vladimirovna

Moscow, st. Mashinostroiteley house 18, apt. 79.

Defendant: Vasiliev Alexander Nikolaevich

Moscow, st. Pionerov 19, apt. 69.

State duty: 300 rub.

Statement of claim for alimony for the maintenance of a child (children)

On May 23, 2012, the Plaintiff entered into a family relationship with the Defendant, as confirmed by Marriage Registration Certificate No. 2465 dated May 23, 2012, and lived together with him until September 17, 2015.

On November 29, 2015, the marriage was dissolved by the decision of the magistrate of precinct No. 16 of the Leninsky district of Moscow, which is confirmed by the Certificate of Dissolution dated January 7, 2021.

From the marriage there is a child, Oleg Aleksandrovich Vasiliev, born on June 15, 2013, which is confirmed by the Birth Certificate dated June 17, 2013.

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The child is dependent on the Plaintiff; the Defendant does not provide financial assistance for his maintenance. The defendant does not have another child, and no deductions are made from him according to writs of execution.

This concludes the descriptive part of the statement of claim. What follows is the legal and regulatory rationale. At the moment, the articles of the Family Code of the Russian Federation regulating the grounds for payment of alimony have not changed.

According to clauses 1, 2 of Art. 80 of the RF IC, parents are obliged to support their minor children. If they do not provide maintenance to their minor children, remedies through legal action.

By virtue of paragraph 1 of Art. 81 of the RF IC, in the absence of an agreement on payment, alimony is collected by the court from their parents on a monthly basis.

According to Art. 82 of the RF IC, types of income in rubles or foreign currency are defined by the Government of the Russian Federation in Resolution No. 841 of July 18, 1996 “On the List of types of wages and other income from which alimony for minor children is withheld.”

The defendant works as a delivery driver at Moscow City LLC and has an income of 65,000 rubles, which is confirmed by his salary certificate dated April 13, 2016.

Based on the above and in accordance with Art. 80, paragraph 1, art. 81, art. 82 RF IC, Art. Art. 23, 131 - 132 Code of Civil Procedure of the Russian Federation,

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Ask a question

Completes the statement of claim for the assignment of child support, a request to the court. Depending on the situation and circumstances, they can be asked either as a percentage or as a fixed fixed amount.

I ask the court:

1) To collect from the Defendant in favor of the Plaintiff alimony for the maintenance of the child Oleg Alexandrovich Vasiliev, born June 15, 2013. in the amount of 1/4 of all types of earnings monthly, starting from the date of filing the application to the court until he reaches adulthood.

Application:

1) Marriage registration certificate dated May 23, 2012 No. 2465.

2) Birth certificate dated June 17, 2013.

3) Certificate from place of residence.

4) Certificate from the Defendant’s place of work regarding the amount of salary dated April 13, 2017.

5) Documents confirming the Defendant’s other earnings.

6) Calculation of the amount of claims.

7) A receipt confirming the sending of the claim and the documents attached to it to the Defendant.

Other documents confirming the circumstances on which the Claimant bases his claims.

April 15, 2021 Plaintiff: Rudenko Irina Vladimirovna

Claim for collection of child support

Current legislation provides for the obligation of parents to provide for and care for their children. Both parents must follow this rule, regardless of whether they are married or not.

Who has the right to file a claim?

Parent living with child
Guardian or trustee living with the child
Officials acting in the interests of the child (representatives of child care institutions or government agencies)

In the case where the claim is filed by a parent, it does not matter whether the parents are divorced, never married, or remain married but live separately. If paternity is established, the man is obliged to fulfill financial responsibilities to provide for the child equally with the mother.

If a child actually lives with relatives, and both parents do not take part in his upbringing and maintenance, relatives can apply for alimony only if they have the official status of a guardian or trustee.

When a child who is not an actual orphan is on state support, this does not relieve parents from the obligation to pay child support for him. In these cases, officials can also file a claim to recover child support from the parent or parents.

How to file a claim and receive child support

Usually one of the parents who is supporting the child thinks about this. The thought of going to court comes after filing a claim for divorce, when the ex-spouse stops helping.

In this situation, the only right decision is to stand up for your rights. A statement of claim for the collection of child support must be prepared competently, taking into account current legislation.

There is another option: parents must enter into a voluntary agreement on financial support for the child.

If for a long time they cannot come to a compromise, then the mother needs to apply for child support to the court.

Jurisdiction

A claim for alimony payment is filed with the magistrate’s court both at the defendant’s registration or at the last known address of his location, and at the applicant’s place of residence.

To do this, you need to clarify the address of the site. This information is on the official website.

Percentage or fixed amount

Before filing an application with the magistrates' court, you need to think about how to receive alimony, in a fixed amount or as a percentage of the defendant's total earnings.

If the defaulter has his own business, then a monthly amount can be recovered as a percentage of income. If the father is doing well, there will be enough money to adequately provide for the child. Accordingly, you need to attach documents about the amount of your ex-husband’s income and place of work. if this is not possible, the court will request evidence on the filed petition.

A fixed amount of payments can be established if the debtor is not officially employed, based on the needs of the child. But interest is better, since the calculation is based on the average salary.

If the application is written correctly and the relevant documents are attached to it, then the trial will take place quickly, without delays.

We ask for indexing

It is imperative to include at the end of the claim for the collection of alimony in a fixed amount, a demand with subsequent indexation. This means that in the future the amount of payments will increase according to the minimum wage, the minimum subsistence level.

As soon as the court decision comes into force and a writ of execution is received, you need to write an application to initiate enforcement proceedings for alimony and submit it to the FSSP.

We recommend! Application for a court order to collect alimony: sample, form, example

The indexation of alimony is carried out by the bailiff in accordance with the current changes. In the case of transfer of documents to the employer, if the payer has a permanent place of work, the accounting department is required to do the calculations in the future.

An example of a claim for alimony from the father of a company director

Judicial precinct of the magistrate No. 373 of the Tagansky district, Moscow 109544, st. Rabochaya, 29 V.

Plaintiff: Anna Mikhailovna Gainullina, Moscow, st. Musorskogo 56 apt. 121.

Defendant: Gainullin Dmitry Marsovich Moscow, st. Marxistskaya 56 apt. 76.

Statement of claim for the recovery of alimony for a minor child

Since August 22, 2006, I was married to Gainullin D.M. and lived with him until the divorce. The marriage was dissolved based on the decision of the magistrate of judicial district No. 373 of the Tagansky district of Moscow on October 12, 2014.

In our marriage, we had a daughter, Gainullina Anastasia Dmitrievna, born January 12, 2009. The child is dependent on me; my ex-husband does not provide financial assistance for his maintenance.

Before going to court, I repeatedly appealed to the defendant with a request to allocate funds for the maintenance of my daughter, but he avoids paying them. He has no other children, and no deductions are made from the defendant under writs of execution.

According to paragraph 1 of Art. 80 of the RF IC, parents are obliged to support their minor children.

If the father does not help financially, alimony is collected from him in court (clause 2 of article 80 of the RF IC).

By virtue of paragraph 1 of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, maintenance for minor children is collected by a court decision from the father on a monthly basis.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Ask a question

Note! Types of earnings or other income received by parents in rubles (in foreign currency) and from which alimony is withheld for minor children in accordance with Art. 81 IC RF. And according to Art. 82 of the RF IC are defined by the Government of the Russian Federation in Resolution No. 841 of July 18, 1996 “On the List of types of wages and other income from which alimony for minor children is withheld.

Based on the above and in accordance with Art. 80, paragraph 1, art. 81, art. 82 RF IC, art. Art. 23, 131 - 132 Code of Civil Procedure of the Russian Federation,

I ask the court:

1) To recover from Dmitry Marsovich Gainullin, who lives at the address: Moscow, st. Marxistskaya 56 apt. 76, works as director of the Cornflower salon in Moscow, pr-t. Pobeda 36, born on April 11, 1976, native of Moscow, alimony for the maintenance of a minor child to Gainullina Anastasia Dmitrievna born on January 12, 2009, in the amount of one-fourth of earnings and other income monthly, starting from the date of filing the application with the court until adulthood.

In order to fully and comprehensively consider the case, I ask you to request information from D. M. Gainullin’s place of work about the amount of salary and deduction, since when I contacted the accounting department of the “Vasilek” salon, I was denied this certificate.

Appendix : 1. Copies of the statement of claim. 2. A copy of the divorce certificate. 3. A copy of the child's birth certificate. 4. A copy of the house register.

02/21/2018 Gainullina A.M.

Claim for collection of child support

Sample application for child support

Child support, can anything change?

What amount should I write in my application for alimony?

How to apply for child support to the Magistrates' Court

Responsibility for late payments

Example of an application for a court order

Sample of filling out a claim for alimony

Who has the right to file a claim?

How to file a claim and receive child support

Jurisdiction

Percentage or fixed amount

We ask for indexing

Leave a comment on the document

An example of a claim for alimony from the father of a company director

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