Statement of claim for collection of child support

How to file a claim for child support? How to formalize everything correctly and submit documents to the court? Where can I download sample applications for the collection of child support?

Attention! All demands for the collection of alimony for minor children, not related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties, are formalized only in the form of an application for the issuance of a court order for the collection of alimony (Civil Procedure Code of the Russian Federation).

All filed claims for the collection of alimony are returned by the courts without consideration (Article 135 of the Code of Civil Procedure of the Russian Federation). To collect alimony, file an application for a court order. A statement of claim for the collection of alimony is filed only in cases of cancellation of the court order. Or when the debtor pays child support for other children, paternity must be established at the same time.

Who has the right to file a claim for child support?

The right to file such a claim is enjoyed by parents, guardians, administration of child care institutions, and government bodies acting in the interests of the child.

If alimony is sought by a father or mother, a prerequisite is that they live together with the children. This parent must support the child at his own expense, and the support from the other parent must be insufficient or completely absent. It does not matter whether the parents live together or separately, are in a registered marriage or have already divorced. The main thing is the lack of financial assistance for the maintenance of children.

If for some reason a child is left without parental care, then his guardian will have the right to collect child support. The guardian must officially have this status, confirmed by a document from the guardianship authorities. If a child lives with relatives or other people without legal guardianship, these people do not have the right to collect alimony. Until they officially become guardians.

What employee income should be taken into account when deducting

A list of all employee income from which alimony for minor children must be withheld is given in Decree of the Government of the Russian Federation No. 841 of July 18, 1996. The same list is also valid for adult children (according to letter of the Ministry of Labor of the Russian Federation dated September 12, 2017 No. 11-1/OOG-1816).

For example, deductions must be made from all types of employee wages, additional remuneration, bonuses, vacation pay, allowances, payments based on average earnings (that is, vacation pay, compensation for unused vacation days, business trips), sick leave at the expense of the employer, financial assistance that is paid not at the expense of budgets and extra-budgetary funds, compensation upon dismissal, etc.

Income in this case can be both in cash and in kind, and from all places of work - both from the main place and part-time (clause 1 of Resolution No. 841 of July 18, 1996).
But it is also important to take into account another list - it reflects income from which alimony cannot be withheld. This list is given in Art. 101 of Law No. 229-FZ of October 2, 2007.

For example, alimony cannot be collected from benefits at the expense of the Social Insurance Fund (children's benefits, payment of days on sick leave at the expense of the Social Insurance Fund), from reimbursable expenses incurred by the employee during a business trip (payment for travel, food, etc.), from compensation for the cost of travel to the place treatment and back, etc.

What documents do you need to collect to file a claim?

To draw up a statement of claim for the recovery of child support, a minimum number of documents are required. The most important of them is the birth certificate. A birth certificate confirms the presence of parents of a child and their parental responsibilities.

If the child’s father is not included in the birth certificate or is included there according to the mother’s words, it will not be possible to collect child support immediately. Paternity must be established first (or simultaneously). For this purpose, another statement of claim is filed.

Guardians must attach a document establishing guardianship along with the birth certificate. If child support is sought for several children, birth certificates for each of them must be attached.

An attachment to the claim is also a certificate from the child’s place of residence or a certificate of family composition. This document confirms that the plaintiff and the child live together. And the child is supported by this parent. If the child is registered at a different address, this must be indicated in the text of the statement of claim.

The next document attached to the application for alimony is a certificate of marriage or divorce. This document is not so mandatory, but it will confirm the plaintiff’s arguments about the presence or absence of cohabitation and assistance from the parent obligated to pay alimony.

It would be good if, when collecting alimony, the plaintiff encloses a certificate from the defendant’s place of work about the amount of his earnings for 1 year. This will allow the court to indicate information about his place of work in the writ of execution, which will speed up the subsequent collection of alimony.

Since filing a claim, rather than an application for a court order, involves special circumstances, the plaintiff must confirm them. For example, the defendant is already paying alimony. Perhaps the plaintiff has a copy of the court act about this.

All documents are attached to the statement of claim in the form of simple copies. The original documents will then need to be presented at the court hearing.

Cost of claim

By law, the defendant must pay the following interest for child support:

• ¼ earnings – for 1 child;
• 1/3 of earnings – for 2 children;
• ½ earnings for 3 children.

By mutual agreement, a different amount may be provided for in the alimony agreement.

In addition, the law provides for a penalty in a fixed monetary equivalent. This occurs in the following cases:

• the parent does not have a permanent job;
• the parent is not employed;
• It is not possible to determine the amount of earnings for each month;
• part of the earnings is received in kind;
• The work of the alimony payer is seasonal.

Drawing up a claim for alimony

To make an application from our website. Fill it out. In this case, you can indicate only the data provided by us, or bring your position on the collection of alimony to the court in more detail.

When drawing up a statement of claim, you can type it on a computer or write it down by hand. Enter all information about yourself, the defendant and children in full, without any abbreviations (this especially applies to full name and residential address). Indicate the address where everyone actually lives. The court will send summonses to appear at the hearing to these addresses. If possible, indicate telephone numbers (yours and the defendant's). This will help the court notify everyone promptly.

Be sure to indicate the name of your application - Statement of Claim for the recovery of child support or Statement of Claim for the recovery of child support .

When filing your claims, you should take into account that alimony is collected from the moment the application is submitted to the court. You can ask for recovery for a longer period of time, but there must be very compelling reasons for this. Read more about such reasons in another article.

The plaintiff must indicate the amount of alimony to be recovered from the defendant. It is usually determined in shares of the defendant’s earnings and other income and is written as a fraction: 1/4 share of earnings for one child, 1/3 share for two children, and so on. The procedure for determining the amount of alimony depending on the number of children. We described cases of changing this size in detail in a separate publication.

In addition to determining the amount of alimony to be collected as a share of earnings, it can also be collected in a specific monetary amount. For this purpose, the law establishes certain conditions. We have provided these conditions and given detailed recommendations with attached images of statements of claim in the corresponding article.

At the end of the statement of claim, you must indicate the date of its preparation and put your signature.

Documentation

A claim for alimony in marriage according to the established model is filed with the court in several copies for all participants in the process. A note of acceptance is made on the plaintiff’s copy in the office. The attached documents include the following:

• photocopy of the parties' passports;
• a photocopy of the marriage document;
• photocopy of children's birth documents;
• certificate of children's registration address;
• certificate of income of the parent not providing for the children.

Attention! The court must be presented with documents about the parent's failure to fulfill his duties. All information specified in the claim cannot be unfounded. The data must be documented.

But if the circumstances are such that the plaintiff cannot obtain the relevant paper from the defendant, he has the right to petition the court (orally or in writing) for assistance in requesting a document. The following documents may serve as evidence.

1. On the maintenance of children by the plaintiff (checks for various purchases and provision of other needs of children).
2. Receipts for payment of housing and communal services.
3. Receipts for payment for kindergarten, school meals, clubs and sports sections.
4. Testimony of witnesses, oral and written, about what role each parent plays in the care of the children. These can be teachers, relatives, neighbors, doctors and other persons. If the child is over 10 years old, he himself can give relevant evidence to the court.
5. Certificates, for example, about treatment with a narcologist, from the place of work about business trips or rotational work.
6. Other evidence may also be provided that can convince the court that the responding party does not provide for their common children.

How to draw up a statement of claim if the defendant is already paying alimony

There are often situations where the defendant is already paying child support from his first marriage. In such situations, the question arises: how to correctly draw up an application for the collection of alimony for your children?

The statement of claim for the collection of child support in this case is drawn up in a similar way. Additionally, you need to indicate the recipient of alimony for other children as a third party, write down the details of these children (full name and date of birth) and provide details of the documents grounds for collecting alimony (court order, court decision or agreement).

If you do not know the exact data, please provide the information you know. The court is obliged to clarify the issue of child support payments for other children in a court hearing. And involve the recipient of alimony as a third party to participate in your case. Indicating the most complete information in your application will allow the case to be considered in court more quickly.

What is spousal support?

Alimony during marriage is no different from alimony after divorce. Although the law imposes obligations on parents to raise, support and treat children, they may not be observed not only after a divorce, but also during marriage. Therefore, the Family Code does not limit the right of one of the parents to apply for child support in order to fully raise the child. In addition, in a marriage, you can collect alimony not only for the child, but also for the wife if she is pregnant or on maternity leave, provided that the husband infringes on her financially.

Alimony for a spouse or children during an official marriage, if there is evidence, is indisputable and is assigned by court order.

Filing a claim for collection of child support

All claims for the collection of alimony are considered by district courts. Apart from applications for issuance of orders, this is the jurisdiction of the magistrate's court.

The plaintiff can file a statement of claim at his place of residence. Or at the place of residence of the defendant (article of the Code of Civil Procedure of the Russian Federation).

Most often, a claim for the collection of child support is filed at the plaintiff’s place of residence. It's more convenient and simpler. However, sometimes it is more profitable to file a claim for alimony at the defendant’s place of residence. In this case, you can avoid appearing in court by writing an application to consider the case in your absence. And the writ of execution will get to the bailiffs faster.

Consideration by the court of a case on the collection of alimony for children

As a general rule, the court will consider the case within 2 months from the date of acceptance of the claim. To consider the case, a court hearing is scheduled, to which the plaintiff, defendant, and third parties are invited.

When considering the case, the court will determine whether the plaintiff has the right to collect alimony, whether the defendant is obliged to pay it, and whether the child receives the necessary maintenance from the parents. And will determine the size of this content.

The consideration of the case ends with a decision. With this decision, the court collects alimony or refuses to satisfy the requirements.

If they disagree with the court's decision, the parties have the right to appeal it (appeal). The court decision comes into force immediately.

Expiration date and production time

Data on payments are indicated for the last 3-6 months. The validity period of the document is usually limited to the calendar month in which it was issued. This is due to the fact that social security authorities do not know up-to-date information about income received. The certificate is valid until the next salary is received. Example: the document contains data for May-July, it is valid in July-August.

The document will be ready within 1-1.5 weeks. It all depends on the organization that issues it.

The FSSP considers the application for up to 10 calendar days. Result of consideration: issuance of a resolution according to which the amount of alimony debt is calculated. After the 10-day period, the executor sends a response to the applicant.

What to do with a court decision to collect alimony?

It is not enough to file a claim in court and receive a court decision to collect child support. Such a decision must also be executed, that is, alimony must be withheld from the defendant. Alimony can be paid by the defendant voluntarily. However, most often you have to do this forcibly.

After the decision enters into legal force, you need to obtain a writ of execution and present it to the bailiff service. Or resolve the issue of withholding alimony in another way (submit a writ of execution to the organization at the defendant’s place of work).

We described the procedure for obtaining alimony after a court decision is made in a separate article.

What to do if the recipient does not know the place of employment of the debtor-payer?

If the collector does not know the place of work of the debtor-payer, then he needs to submit a petition to the SSP so that the bailiffs initiate the process of forcibly collecting the debt. Such actions are possible both by voluntary agreement and by a court decision.

The claimant must send an application with the original document to the bailiffs located at the payer’s place of registration. Immediately after the verification of the provided official papers, the contractor has the right to initiate an individual entrepreneur and send photocopies of the documents to the debtor-payer with an offer to voluntarily provide information about the work. If he does not show up or does not provide the required information on time, the bailiff will have the right to independently determine his place of employment using the TIN, passport and other documents by collecting data through information databases. Immediately after establishing the place of work of the debtor-payer, the bailiff is obliged to send documents to the accounting department to initiate the collection procedure.

Any actions through bailiffs are possible even if the recipient knows where the debtor-payer works, but for some reason he is not able to contact the accounting department. In such a situation, when contacting the contractor, the applicant should indicate this data.

You can ask the bailiff for a sample application form or pick it up at the information stand in the SSP department.

Sample statement of claim for collection of child support

In __________________________
(name of court)

Plaintiff: _________________________

(full name, residential address, telephone)

Respondent: ______________________

(full name, address of residence, date and place of birth, place of work (if known),

one of the identifiers, if known to the plaintiff -

INN, SNILS, passport, etc., telephone)

Third party: ____________________

(full full name, residential address)

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

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full full name of the children, date of birth).

The child (children) live with me, I fully provide for them financially, the defendant does not provide financial assistance for the maintenance of the children. The defendant has a child from another marriage, for whom he pays alimony in the amount of ________ (specify the amount) to a third party for the maintenance of ___________________ (full name and date of birth of the minor).

The plaintiff and defendant did not enter into an agreement to pay alimony.

In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Ask:

1. To collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of filing the application ( indicate) until the children reach adulthood.

List of documents attached to the application:

1. Notice of sending (delivery) a copy of the claim and documents to the defendant and third parties
2. A copy of the marriage certificate (divorce certificate if the marriage is dissolved)
3. Copy of the child(ren)'s birth certificate
4. Certificate of residence of the child with the plaintiff
5. Other evidence to support the claim

Date of application “___”__________ ____ Signature of the plaintiff _______

statements:

Statement of claim for the recovery of alimony for 1 child

Statement of claim for the recovery of alimony for 2 children

Statement of claim for the recovery of alimony for 3 or more children

Statement of claim if the defendant is already paying alimony

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