How to properly file for alimony
Sometimes, in order to get financial support in the upbringing of common children, it is necessary to go to court and to the bailiffs. In this article, we tell about how to properly file for child support.
The issue of providing for your baby is particularly acute when you are on maternity leave or emotionally coping with a separation
Whether to file for child support
To file child support for the father or mother of their children, to obligate the parent to provide for their child is a decision that the other parent must make on their own.
Paying money to support a child should be a parent who does not live with the child, does not regularly spend money on food, daycare, tutors and clothes. Despite the broken relationship between Mom and Dad, both are responsible for the children, including financially.
And if the parent who the children stay with (in most cases it is mom) is responsible around the clock, then the one who leaves the family compensates this obligation with money and periodic visits.
This approach is also enshrined in Article 80 of the Family Code of the Russian Federation, which states that each parent is financially responsible for their minor (under 18 years old) children.
Olesya was going through a difficult stage in her relationship with her husband: they have not lived together for over a year, he does not support his son and daughter, but he does not want to file for divorce either.
It is difficult to support two schoolchildren on a teacher’s salary, and the divorce will drag on because of the division of property, so she thought about filing for alimony payments from her husband.
Who can file for child support
The second parent, legal guardian or guardianship authorities, adoptive parents, an orphanage or other institution where children without custody live can file for monthly child support.
It is also possible to claim child support for non-native, adopted or adopted children; children born out of wedlock, if both parents are listed on the birth certificate or paternity has been officially established.
Child support by agreement
The parent who must help with money can do so voluntarily or under court compulsion.
If the parents themselves determine the amount of payments, their timing, the order of payment and additional expenses, they make an agreement in writing. It has a number of requirements.
First, its terms can only be changed bilaterally, to avoid misunderstandings.
Second, the amount of payments must be equal to or greater than the amount that children are entitled to by law (about this below).
Third, the agreement must be registered with a notary, then it becomes tantamount to a writ of execution.
If both parents understand that mere trust “on the word” is not enough, it is better to keep all receipts for the transfer of money, ask to write a receipt for the monthly payment, and so on. This will help in cases that lead to litigation.
Sometimes relationships come to a standstill, and the best solution to the problem is to break up. The task of parents is to make this process as easy as possible for children, to support and take care of them
When there is not enough money for the children, or the parent refuses to help his or her child, the other parent has the right to apply for a monthly collection.
Olesya and her husband did not have a notarized agreement, but they verbally agreed that he would pay her 25,000 rubles every month to support their two children, tutors for the older one, and music school for the younger one. The wretched father paid only three months and then disappeared for a long time. Olesya tried to get in touch with her ex-husband for a few months and remind him of his parental responsibilities, but it didn’t lead to any results. Therefore, Olesya decided to file a lawsuit in court.
How to file a right to sue for alimony
To prepare and file a statement of claim in court, it is necessary to study a list of documents and understand what to write in the claim.
Writing a statement of claim
It is necessary to specify the name of the court where the application is sent. Also information about the plaintiff (the one who applies for alimony) – last name, first name and patronymic, phone number, email address; and information about the defendant (the one who is obliged to pay).
Briefly describe the situation you find yourself in.
If you already have a valid agreement to pay child support, it is important to provide evidence that it is not being enforced: the money is not being transferred, or that there is not enough for support.
Specify the amount of the recovery.
How child support is calculated
When alimony is recovered as a share of the alimony holder’s salary, the amount is calculated as follows:
- For one child, 25% of the parent’s earnings;
- For two children – 33%;
- For three or more children – 50%.
When the court considers claims for payments, their size may increase or decrease, depending on how much the parties earn, how financially secure they are.
Olesya pointed out that she and her husband don’t live together, he officially works in a different city, and he doesn’t help the children. She demanded 33% of his official earnings, which she estimated at 35,000 rubles. This is enough money for the music school and tutors.
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Everyone’s circumstances are different, and so are the conditions from which parents operate. Specify facts in the lawsuit that require an individualized approach to the problem:
- For example, if you and the children’s father were not married and he is not listed on the birth certificate, a paternity determination will be required;
- Or if you have an agreement that is not executed, the lawsuit may include a request to invalidate it.
The claim can be filed online on the official website of the court or bring it in person.
List of documents for filing for child support
In order for the court to accept your application, attach several documents to the claim:
- Certificate of marriage, its dissolution, if any.
- The birth certificate of the child or children. You need it because it shows the child’s parents, who are affected by the payment issue. If the father is not listed on the birth certificate, but paternity is established, attach documents about it.
- Documents that confirm that the child lives with you.
- Verification of your income.
- Documents that provide additional expenses for children (sick notes, etc.).
Provide as many copies as there are people involved in the case.
Child Support Claims Court
Claims for child support payments are heard by a justice of the peace. Applications that involve more complicated actions – the establishment of a kinship, for example, or the plaintiff’s request to limit the rights of the other parent, to deprive them – is considered by a district court.
Time limits for consideration of cases: a justice of the peace – within a month, the district court – within two months.
If the court grants the claim, you immediately get a writ of execution in your hands, or the judge will send it to the FSPS directly. Even if the defendant will want to appeal the decision of the court.
It is possible to recover money not only for the current time, but also for three years earlier, if there was no financial support in that period. It is important to prove that the plaintiff was trying to get money for the maintenance of the child; that the debtor was evading his parental responsibilities: hiding the amount of his income, not in touch, etc.
The court ruled in favor of Olesya and satisfied her claim, awarding her a monthly payment of 35 thousand rubles. The judge also ruled to exact from Alexander money for the previous eight months. However, at that time, her ex-husband stopped contacting her and did not transfer money to her children.
Recovery and use of child support for children without parental care
If the child is adopted, or you are the child’s guardian, the procedure for securing payments is the same.
When children are raised in a special or medical institution (orphanage, infant home, and so on), child support is collected from both parents and credited to a special account of the institution.
The institution has the right to spend no more than 50 percent of the income on child support. The other half of the income is credited to the child’s separate bank account.
Types of income from which child support is paid
Money is withheld from official wages and bonuses, all allowances and incentive payments; from disability pensions, from “sick” money, from scholarship and compensation payments due to redundancy.
Money is also withheld from interest earned on bank deposits, tax deductions, contracts for work and copyrights.
A parent is required to pay child support from the income of an entrepreneur or self-employed account, or from income from renting a home or property.
Alexander received an official salary of 110 thousand rubles. When they started to withdraw money from his account in favor of his wife and children, he agreed with his boss – his own friend – that he would start receiving the minimum wage, and asked to give the rest of it “in an envelope. However, the court had already established the amount that Olesya could count on, and Alexander did not pay the debt for the previous months. So he became a debtor, and the Federal Service for Social and Forensic Rights took up the case.
How to recover arrears of alimony
To begin the process of collecting alimony already assigned, apply with the IL or agreement on payments to the district department of the FSSP.
If an alimony parent fails to pay money to support his child, the law imposes two kinds of responsibility for his criminal inaction – administrative and criminal.
The main task is to provide for yourself and your children, regardless of whether your partner will help you or not
So, bailiffs bring to administrative responsibility, they establish the fact of non-fulfillment of the obligation under a writ of execution or agreement.
The parent is obliged to fulfill his duty to the offspring, but if he hinders the recovery of alimony – does not write the property on himself, receives a “gray” or “black” salary, hides from communication with the plaintiff, with bailiffs – he becomes a malicious defaulter.
Then bailiffs have the right to take serious measures to recover money:
- request personal information from the Interior Ministry, the registry office, the traffic police, the Federal Tax Service, the FIU, and other government agencies;
- obtain information about the number of bank accounts and the amount of money in them;
- to conduct conversations with colleagues, relatives and friends of the persistent defaulter in order to find out his whereabouts;
- use information about the defaulter from social networks and public pages;
- seek help from private investigators;
- interact with the departments of the Federal Bailiff Service and the traffic police of other districts, regions.
When the second parent evades mandatory payments, the first should apply to the FSSP, the rest of the work will be done by the state authorities.
So, if a parent has not paid for two months or more, he may be sent to compulsory labor (usually up to 150 hours), or arrested for 15 days, or fined 20 thousand rubles.
In order to motivate a debtor to pay off his debt, he may be deprived of driving license, right to leave the country, have his accounts or personal property seized.
When the aforementioned measures don’t work, the malicious defaulter is brought to criminal liability according to article 157 of the Criminal Code of the RF. It provides for punishment in the form of correctional work, arrest or imprisonment up to 1 year.
When Alexander’s debt exceeded 70 thousand rubles (payments for two months), the bailiffs began to take action. Thus, the accounts of the persistent defaulter were blocked and the amount of 23 thousand rubles was arrested.
They also found the debtor at his new residence address and threatened to arrest his car. The current debt was closed with personal savings the very next day, and payments have been made since then, though not on a daily basis, but on a monthly basis. The man decided he wanted to participate in the upbringing of his children and began taking his son and daughter away on weekends.
Who is exempt from paying child support
When special circumstances arise, the law exempts the support-paying parent from this obligation. There are several grounds for termination.
- The death of the child support parent. The child may claim inheritance, but payments are discontinued. In return, the minor is entitled to survivor payments from the state.
- Disability of the parent, which has resulted in the inability to earn, therefore, and support children.
- By agreement between the parents, if the party obligated to make the payments has compensated them with property, a lump sum, renounced paternity, and so on.
- When the child reaches the age of majority or acquires legal capacity: marriage, formal employment, becoming an individual entrepreneur.
- If the child is of age but disabled, the parent is obligated to pay child support. If the disability is removed, the payments stop.
- Disputed paternity or maternity, such as with a DNA test, removes the issue of any relationship between the alimony provider and the children.
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What documents do I need for a court-ordered divorce?
When preparing for divorce proceedings, it is important to create an evidentiary basis to support the claim. To do this, it is necessary to gather documents for filing for divorce through the court, which can be difficult. Let’s find out when it will be necessary to go to court. What documents will be needed in the court process in special situations, such as: unilateral divorce, divorce with children, alimony collection, division of property and other cases.
When do I need to file for divorce in court?
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Divorce can be formalized through the Registry Office or through the court. An application to the civil registry office on termination of marital relations is submitted by citizens who have no children, but there is a mutual agreement to divorce quickly and painlessly. If the spouses have children, there are contradictions about the dissolution of the marriage and the division of acquired property, then they can separate only in court.
In 2022 the Family Code specifies the following grounds for recourse to court for dissolution of marriage:
- One of the spouses does not consent to the divorce and asks for time to reconcile (the case may be postponed for 1 to 3 months at the discretion of the court).
- The parties to the divorce agree to divorce, but one of the spouses does not show up to process the divorce (the court may dissolve the marriage without his participation).
- The presence in the family of minor children (the establishment of the place of residence of the child, the order of communication with his parents, the recovery of alimony).
- Disputes over the division of property acquired during the marriage (determination of shares in property).
Divorce cases are heard by a justice of the peace and a district court (Article 23 of the Russian Federation Code of Civil Procedure).
The magistrate’s court decides on the termination of marital relations in spouses who have managed to overcome contradictions and have agreed on the terms of the divorce before the court in the following circumstances
- the spouses have decided with whom the child will remain and how he or she will communicate with the other parent in a verbal agreement or a notarized agreement;
- The couple have no disputed property in the amount over 50,000 R. that is subject to division or property exists but there are no claims to its division;
- there are no doubts on the issue of recognition of the paternity of children born during the marriage.
In all conflict situations, divorce cases are heard by the District Court of Common Pleas which determines in its decision
- with whom the child or children will live, establishes the order of communication with the other parent;
- divides marital property and the shares of the spouses in the disputed property worth more than 50 000 rubles;
- determines the amount of alimony for the support of minor children, an incapacitated spouse, and other relatives.
According to the rules of territoriality, the statement of claim is submitted to the court at the place of registration of the defendant, in exceptional cases at the place of residence of the plaintiff (in case of poor health or a small child lives with him). If the defendant twice did not come to the meeting of the court, the third time the judge will decide without his participation.
In 3 days from the date of entry into force of the court decision, the extract is sent to the Registry Office at the place of registration of the marriage and is issued a certificate of divorce.
The main list of documents for divorce through the court
When applying to the court, the applicant will be provided with a list of documents required for court proceedings. The package of documents must corroborate the information in the lawsuit and substantiate the plaintiff’s claims.
When a spouse who has agreed on everything and wants a divorce goes to court, a minimum package of documents is prepared if the lawsuit states the only requirement – the dissolution of the marriage. In this case, the lawsuit for divorce without children are attached:
- a document certifying the identity of the plaintiff;
- Certificate of marriage in the original and a copy;
- Receipt of payment of the fee.
In cases of divorce with children, a copy of the certificate of birth of a minor is added.
However, the courts usually adjudicate disputes of spouses who need to submit more documents.
Documents for divorce through the court (basic list):
- Statement of claim from one of the spouses (in 3 copies: 1 – to keep, 2 – to the defendant, 3 – filed with the case);
- The original and copy of the passport of the applicant;
- a receipt for payment of state duty;
- Original document on marriage;
- Copies of documents on birth of children (if any);
- Extract from the house book about the composition of the family and the registration of children (in the case of a claim for alimony).
Documents for divorce in court in special situations
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But in most cases, going to court for a divorce involves a dispute between the spouses. Therefore, the lawsuit contains additional requirements. allocate the dissolution of marriage:
- spouses with children;
- with the division of property;
- With the recovery of alimony;
- With a foreigner.
In a unilateral divorce
There are circumstances when the plaintiff is forced to file for a unilateral divorce:
- When one of the spouses does not agree to the divorce;
- If the husband or wife has no objective possibility to participate in the process;
- In the processing of a divorce with incapacitated spouse.
Additional documentation is added to the basic documents:
- if the spouse agrees to the divorce, but for objective reasons is not present in court – consent to divorce, certified by a notary and documents confirming the validity of his absence;
- in the recovery of alimony – certificate of income of the defendant;
- in the lawsuit for the division of property – inventory and documents on disputed property;
- in determining the order of communication with the child – the proposed schedule of meetings with the child, the characteristics of the child, the plaintiff and the defendant;
- in a divorce with an incapacitated person – a court decision on incapacity;
- if the spouse is serving a prison sentence – a certificate from the Federal Penitentiary Service;
- If the spouse is missing and it is impossible to establish his whereabouts – documents from the police, the court decision.
The court independently requests documents of the second spouse, as the authorities need an official request.
The law provides for certain restrictions: the wife has the right to file for divorce unilaterally in any situation, and the husband does not.
According to Article 17 of the Family Code, the judge will not accept the lawsuit if the documents show that:
- the spouse is pregnant;
- The child born in the marriage is under 1 year old.
If one of the couple fails to appear in court three times without a substantiated reason, the spouses will be divorced automatically and the judge’s decision on the children and property will be in favor of the one who appeared in court.
Divorce with Children
If the couple filing for divorce has children, there will be more paperwork for the children, depending on the requirements of the case.
When the spouses have been able to reach an agreement, a basic package of documents is prepared:
- The birth certificates of the minors;
- references from their place of residence;
- notarized spousal consent to disputes about children and property.
If there is a conflict situation, additional evidence will be needed:
- A report from the custody department at the children’s place of residence;
- Acts of inspection of housing and living conditions of minors;
- Characteristics from educational and care institutions;
- Certificates from medical institutions;
- Protocols from the police, if there were offenses one of the spouses.
Additionally, in the process involves a specialist of the regional Department of guardianship.
When division of property
When a divorce with a claim for division of jointly acquired property, the basic package of documents is supplemented by evidence of the existence of marital property and the need to divide it.
The applicant must provide the court with:
- An inventory of the property acquired;
- Expert confirmation of the evaluation of each object;
- technical documentation of the property;
- registration certificates for the objects of real estate;
- Statements from the bank accounts of the spouses.
Important! the Applicant may not request the division of all property, but only that part, which it is interested. In this case the size of the state duty will depend on the total value of the claim.
Simultaneously with the property can be declared a claim for division of credit obligations, which were registered in the name of one of the spouses, but the money taken on credit, went to the family needs. To prove this, provide contracts with credit institutions and documents confirming the purchase of material goods or services.
When divorcing a foreigner
Dissolution of marriage with a citizen of a foreign country is possible, both abroad and in the Russian Federation. If he or she resides permanently in Russia, the divorce must be formalized here.
The procedure of dissolution of marriage with a foreigner is the same as with a citizen of the Russian Federation. With one exception: the documents must be translated from foreign into Russian. The authenticity of the translation must be certified by a Russian notary.
In case of divorce in a foreign country the marriage will be dissolved in accordance with the law of that country, but it will be considered valid in the Russian Federation, if it does not contradict the Russian legislation. The divorce document in this case will need to be legalized for use in the Russian Federation.
In case of alimony
When it is necessary to file for divorce and alimony at the same time, the applicant supports the evidence base:
- Documentation of the defendant’s income, including unofficial income;
- Medical certificates of illness or disability of a minor requiring additional financial support.
In collecting child support, it is necessary to take into account that the divorce should not affect the material support of the child. Therefore, the amount of alimony should allow the child to lead a normal life.
When sent by mail.
The collected package of documents, the law allows you to send by mail, registered letter with notification. You will need a cover letter and list of attachments.
When the letter is received in court, the applicant will receive a postal notification that the documents have been delivered. The receipt should be retained as proof of sending the documents.
Sample applications for divorce
When applying to the court, it is necessary to competently write a statement of claim for the termination of marital relations, according to Art. 131-132 of the Code of Civil Procedure of the Russian Federation.
The statement should include the following information:
- details of the court, where the claim is filed: name, address;
- data of the parties: full name, address, contacts;
- a clear description of the circumstances of the case: when and where the union was entered into, the presence of children;
- substantiation of the reasons for divorce, indicating the time of termination of cohabitation;
- information on the consent or unwillingness of the defendant to divorce and maintenance of minors;
- requirements: divorce, alimony, division of property and others;
- a list of the attached documents;
- Date and signature.
Below, you can download a suitable sample application for divorce:
The application must be drafted without errors and printed in 3 copies.
With the package of documents the claim is submitted to the court:
- personally by the applicant to the office of the court;
- Through a representative on the power of attorney certified by a notary;
- by mail.
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Having correctly collected the documents and competently prepared a claim for dissolution of marriage, the applicant can be sure that his case will be accepted for consideration. You must check the jurisdiction of the claims, to find out whether the evidence requires additional evidence. Mistakes can lead to a loss of time, as the judge may leave the application without movement and return. Therefore, in complex disputes it is better to consult with an experienced lawyer in family law.
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Hello. Can you please tell me what documents are required to submit for the dissolution of marriage in the presence of minor children, if there are no disputes about the division of property and no disputes about children. And perhaps to submit a unilateral procedure, if for example the husband does not want to go to court. Thank you in advance.
Good evening, Marina.
Even if you do not have a dispute over the children and property, the marriage in which there are minor children, dissolved only in the district court. You need to prepare in copies: passports of you and your spouse, the birth certificates of children, marriage certificate, certificate of residence on the composition of the family, the certificate of earnings, a receipt about payment of the state duty.
And of course you can file a claim only from you wife. This is your right, even if the consent of her husband does not. If her husband fails to appear in court, the court session, will be postponed. Fail to appear again, you will be divorced without him and his consent.