The family legislation of the Russian Federation establishes the norm for the care and protection of all minor children. Of course, living in a complete happy family, a child is rarely financially offended. However, in the event of divorce, the question of alimony often arises, although the law provides for a settlement agreement on the maintenance of children. When a compromise is not found on their own, one of the parents has to turn to judicial assistance. Let's consider a sample application, the submission of which allows you to collect alimony forcibly.

Options for resolving alimony disputes

As a rule, the process of family breakdown in material terms negatively affects women. Therefore, most often it is they who turn to the appropriate authorities to apply for alimony. According to the norms of family law, there are several options for resolving this issue:

1. Conclude a settlement agreement (Chapter 16 of the RF IC). In this case, there is no need for legal protection of one of the parents. The parties independently draw up such an agreement. The main thing is to have it notarized.
2. Collect alimony by order. This method is considered simplified due to the speed of its implementation.
3. Through litigation. In this case, you cannot do without filing a claim.

Let us dwell in more detail on the last two options, as well as on the statements necessary for their implementation.

Order order

This method of resolving alimony disputes is justified if the other party agrees with the demands presented and does not interfere with them. In this case, civil procedural legislation (Articles 121–130) provides the opportunity to obtain a court order without going through court proceedings. The amount of alimony is determined by Article 81 of the RF IC. To implement the simplified procedure, submit an application to the precinct of the magistrate at the place of your residence or the place of registration of the defendant. The form and content of such a document are determined by Art. 124 Code of Civil Procedure. Please provide the following information in your application:

• In the header, place the name of the magistrate, the personal data of the applicant and the debtor, as well as the address and place of their work.
• Below the title of the document, describe the claimant’s requirements, as well as state the grounds and evidence.
• Finally, provide a list of attached documents. Put the date and signature.

Draw up an application for a court order using the sample below.

Related motions

Very often, simultaneously with the above application, the following petitions are submitted to the magistrate for consideration:

1. A petition from a needy parent to search for the debtor when the latter’s whereabouts are unknown.
2. Application to request from the employer and the Pension Fund authorities documents confirming the income of the parent who refuses to pay alimony.
3. A document confirming the recovery from the defendant of money spent by the plaintiff on legal fees.

Procedure for claim proceedings

If the registration of alimony is accompanied by other requirements (establishing/challenging paternity, assigning a fixed amount of alimony, etc.), a trial cannot be avoided. In addition, the preparation of an application for alimony is also required if the defendant has submitted a written objection to the court order within 10 days. When drawing up a claim, be guided by Article 131 of the Code of Civil Procedure and provide the following information:

• Name of the court indicating the full name of the judge.
• Personal data of the plaintiff and defendant (full name and address).
• Representation of a controversial situation, presentation of the requirements of the interested party, based on the relevant articles of the Family and Civil Procedure Codes.
• Evidence and facts that form the basis for alimony.
• The price of the claim.
• List of attached documents and the plaintiff’s handwritten signature.

File a claim using the standard template provided below. The plaintiff has the right, simultaneously with the statement of claim, to petition for the collection of alimony debt for the previous three years.

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It should be added that the legislation provides a month period for the decision on the claim to come into force. During the specified period, either party has the right to appeal it to the appellate authority.

If a parent, evading his obligation to provide financial support for a child, does not want to resolve the issue of paying funds for a minor peacefully, then alimony can be collected from him by force - with the help of an appropriate statement of claim - as follows.

It is possible to collect alimony from a child’s father or mother in court only if the following conditions are met: the parents did not enter into a child support agreement, paternity is documented, etc.

How to apply to court for alimony?

Of course, it is always preferable that parents can come to an agreement with each other in relation to child support payments by signing a legally binding signature.

Unfortunately, parents who have common minor children cannot always peacefully resolve the issue of their maintenance by paying alimony (whether they are married, divorced, or for an illegitimate child - that is, one born without marriage). Then the second parent, who is dependent on the child, will need to submit a corresponding application to the magistrate’s court to exercise his right to receive alimony. At the same time, forcefully collect child support through the court can be done in two ways:

According to Art. 23 Code of Civil Procedure of the Russian Federation deals with issues of alimony assignments magistrates' courts. It is important to note that the state duty (state duty, the amount of which in 2019 in general is 150 rub., and if a decision is made to collect alimony simultaneously for the maintenance of both the children and the applicant - 300 rub.) for this category of cases taxable to the defendant(clause 2 of part 1 of article 333.36 of the Tax Code of the Russian Federation).

Sample application for child support

A sample statement of claim for the collection of child support in 2019 is given below:

The number of copies of the statement of claim and documents accompanying it must correspond to the number of persons participating in the case (usually required 3 copies). However, in order for the application for alimony to be accepted by the court for consideration, the plaintiff must comply with the basic requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation regarding its procedural form and content:

1. Create a header for your claim:
   • the name of the magistrate's court with an indication of its location;
   • the initials of the plaintiff in the nominative case with the address of residence and a current contact telephone number;
   • initials of the defendant in the nominative case with residential address and current contact phone number;
   • initials of the 3rd person in the nominative case with contact and address details, if any will participate in the case.
2. Write the contents of the statement of claim:
   • describe the family ties of alimony legal relations (for example, the plaintiff is the mother, the defendant is the father, in favor of a common son, daughter or several children);
   • display the approximate monthly expenses of funds for the child (tuition fees, food basket, expenses for clothing, treatment, etc.);
   • point out facts of parental evasion from participation in the maintenance of the common child.
3. Submit your claim:
   • assignment of alimony in favor of the child from the defendant;
   • determining the procedure for collecting funds - a share of income, a fixed sum of money, and so on;
   • justification for the chosen procedure and amount - if a fixed payment is chosen.
4. Attach supporting documents to the application:
   • passports of the plaintiff and defendant;
   • child’s birth certificate (even when reaching 14 years of age);
   • certificates from the place of work of the plaintiff and defendant;
   • characteristics from the place of work of the plaintiff and defendant;
   • certificate of family composition (from the housing department);
   • certificate from the child’s place of study;
   • certificates of attendance at clubs and sections;
   • copies of sales receipts or printouts of bank card expenses showing the plaintiff’s expenses for a minor;
   • written testimony of witnesses (teachers, neighbors, relatives) who are unable to testify orally in court.

If the plaintiff does not have the opportunity to present to the court certain documents that are significant for making a decision in the case of collecting alimony, in accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, he can petition the court in writing or orally to demand them.

When can you apply to the court for alimony?

Main conditions forced collection of alimony through the court are:

• the presence of a documented parental status in relation to the child (as stated in his birth certificate, or in a court decision on adoption or establishment of paternity);
• the absence of a voluntary agreement concluded between the parents on the assignment of alimony (see);
• facts of evasion of a father or mother from participating in the maintenance of a son or daughter.

Moreover, it can be submitted regardless:

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1. Marriage status:
2. The fact of living together or separately(even if the evader parent lives with the family, being divorced from his wife or without a divorce, if it can be confirmed that he does not have financial participation in the maintenance of the child).
3. Social status of the payer:
   • evader from paying alimony.
4. Child age:

By law, parents are required to take care of and support their children until they reach the age of majority, and in some cases, even after the child reaches 18 years of age, parents are not relieved of their obligation to provide financial support.

Art. 89 of the Family Code of the Russian Federation (FC RF) obliges spouses to financially support each other. They acquire such obligations if their marriage relationship is formalized.

Article 89 of the RF IC. Responsibilities of spouses for mutual maintenance

1. Spouses are obliged to financially support each other.
2. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following have the right to demand the provision of alimony in court from the other spouse who has the necessary means for this:

• disabled needy spouse;
• wife during pregnancy and for three years from the date of birth of a common child;
• a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I.

If the spouse and father of the child fulfills his obligations voluntarily and in full, then there is no reason to apply for the recovery of funds. But if the husband refuses to provide financial support, then the wife has the right to go to court with, as well as against herself. Article 89 and Article 90 of the RF IC list cases when a spouse has the right to go to court to recover funds.

Important! The spouse can file a statement of claim for the recovery of alimony during the marriage, as well as after its dissolution.

You can go to court with an application to collect alimony for the child and mother in the following situations:

When filing a claim in court to receive alimony not only for the child, but in her own favor, a woman must provide significant evidence that she really has no income, and to ensure a normal standard of living she requires a specific amount of money from her spouse.

The court will consider all the evidence, and at the meeting a decision will be made establishing specific amounts of money that the payer will be obliged to pay in favor of the child’s mother.

Writing Instructions

A husband or wife can file a claim in court to collect alimony., including former spouses, if they have the legal right to do so.

Reference. The statement of claim must necessarily contain the grounds for making claims for alimony, which must be supported by documents.

The main condition when writing an application is to provide truthful information. There is no need to provide false information, overstate or understate income, as this may lead to the opposite result.

Let's consider how the ex-wife can write an application for support for herself and the child. The statement of claim is drawn up on the basis of Article 131 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation).

It is necessary to pay attention that the document must contain all the points specified in Art. 131 Code of Civil Procedure of the Russian Federation. The plaintiff provides the following information:

On a note. The application is drawn up in three copies. One statement remains with the plaintiff, the second - for the court; the third is sent to the defendant.

Each application must be accompanied by copies of the following documents:

1. applicant's passport;
2. certificate of marriage or divorce;
3. child's birth certificate;
4. a certificate of family composition, which serves as evidence that the child lives with one of the spouses;
5. certificate of receipt of child benefit;
6. documents confirming the applicant’s expenses (checks, receipts, etc.).

The court determines the amount of spousal support based on the documents submitted. In accordance with Art. 91 of the RF IC, payments are assigned in a fixed amount of money.

Article 91 of the RF IC. The amount of alimony collected from spouses and former spouses in court

In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony exacted from the spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed monetary amount, payable monthly.

Where and when to submit?

The place where the applicant applies depends on what other additional issues, in addition to alimony payments, need to be resolved:

Reference. The statement of claim can be filed both at the place of residence of the plaintiff and at the place of residence of the defendant. The document can be sent by mail or submitted to the office in person.

Deadlines and fees

After the plaintiff applies for alimony, the court reviews the documents within 5 days, after which it makes a decision to accept them and begin legal proceedings or refuse if the application is made with errors or not all necessary documents are provided.

After the start of court proceedings, the case is considered within one month. The court issues summonses to the parties to appear at a hearing where a decision on the case will be made. When filing a claim for alimony, the plaintiff is exempt from paying state duty(Article 333.36 of the Tax Code of the Russian Federation).

What to do after submitting?

If the application for the collection of alimony for the mother and child is drawn up correctly, and all the necessary documents are attached to the case, then legal proceedings in this case begin. After filing a claim, the procedure will be as follows:

Important! If the payer does not have the funds to fulfill the obligations to pay alimony, then they can be obtained by selling the property he owns.

The judge decides to assign a specific amount of alimony to the mother, having examined the arguments of both the applicant and the defendant. The claim must indicate only reliable facts, taking into account legal rights:

• You cannot indicate in your application an amount of alimony that exceeds that required by law in a particular case.

  The plaintiff must take into account the presence of other obligations to pay alimony from the defendant.

• You cannot make demands to which the spouse does not have a legal right.
• The application must clearly indicate the grounds on which the applicant is demanding monetary payments from the defendant.
• The document should not contain emotional statements in anyone's direction.
• It is necessary to indicate in detail the expenses of the mother and child, but not to overestimate them; the court will take into account only the most necessary.
• If possible, it is better to provide documentary evidence of your spouse’s income.
• The application must be drawn up without errors, otherwise the court will not accept it for consideration.

Many women, left without the help of a spouse, do not even suspect that they have a legal right to receive financial support not only for the baby, but also for themselves personally.

Not all fathers act in bad faith, many fulfill their obligations in full after divorce and without litigation. But, as practice shows, in most cases it is extremely difficult to obtain payments without going to court.

If a woman really needs financial assistance and has a legal right to it, then such a claim will certainly be satisfied at a court hearing.

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Application for alimony– this is a document with which the applicant demands to recover alimony (money) from the payer. Such a document is needed if for some reason the payer refuses to pay alimony voluntarily or evades paying it.

In this article, you will learn what alimony is, what you need to know to collect child support, and how to write an application for a court order and a statement of claim. In addition you will find sample applications for alimony for different occasions.

Alimony and its types

Alimony- these are funds legally collected from one family member in favor of another family member to provide material support (for example, from a father to minor children, or from adult children to elderly parents).

Most often, alimony is collected for a minor child, so this issue will be considered further. As a rule, child support is awarded when spouses divorce through court if the parents are unable to reach an agreement amicably. However, there are other cases in which it is necessary to draw up an application for alimony, for example, if the child’s parents were not registered, but paternity was confirmed, etc.

Child support can be charged as part of income (1/4 for one child, 1/3 for two children and 1/2 for three or more children) or as a lump sum (fixed amount). Typically, alimony is taken as a share of earnings. However, if the payer does not have a regular income or has unofficial income, then a fixed amount is used.

What do you need to know about collecting child support?

To receive alimony, the applicant must apply to the court with an application for a court order or with a statement of claim for alimony. The applicant may be a parent living with the child, a guardian, or an official acting in the interests of the child.

If there are no issues related to establishing paternity, and the involvement of other interested parties is not required, an application for a court order must be submitted to the court. In other cases, including if alimony will be collected in a fixed amount, you need to immediately write a statement of claim.

Application for a court order to collect alimony transferred to the magistrate's court, where a decision is made on it. The court order is prepared in 5 days and, if the payer really evades paying alimony for minor children and does not raise any objections in response to the order, it is transferred to the bailiffs for execution after 10 days.

Along with the application to the court, you must provide:

• receipt of payment of state duty;
• supporting documents (certificate of income, etc.).

If there are objections from the payer, the claimant will have to draw up statement of claim to court, which will be considered more carefully, with the participation of the claimant and the defendant and the evidence provided by them. In this case, the court decision is made within a month and comes into force another month later. It is worth noting that when filing this statement of claim you will not need to pay a state fee.

The plaintiff must have the following documents and photocopies with him:

• passport;
• marriage certificate for married people or divorce certificate for divorced people;
• child's birth certificate;
• document establishing guardianship or trusteeship, if necessary;
• a certificate of family composition at the child’s place of residence;
• certificate of income of the plaintiff and defendant.

You also need to prepare a copy of the statement of claim for the defendant.

If, after a positive court decision, the defendant still does not pay alimony, he can receive compensation in the amount of 0.5% of the debt amount for each day of delay. The collector writes application for a penalty to the court, the amount of the penalty is calculated by the bailiff service.

How to write an application for child support?

An application for a court order to collect alimony has a strictly defined content (Article 124 of the Code of Civil Procedure). The application can be written by hand or printed.

The application for issuance of a court order shall include the following information:

• information about the applicant and payer (full name, residential address, other contact information);
• requirement for alimony and evidence;
• list of applications;
• The current date;
• applicant's signature with transcript.

The statement of claim for the collection of alimony is also regulated by the Code of Civil Procedure (Article 131). Its content is similar to the previous statement, but there are some differences. This statement can also be handwritten or printed.

The statement of claim shall include the following information:

• full name of the judicial institution;
• information about the plaintiff and defendant (full name, residential address, place of work, other contact information, for example, telephone);
• information about common minor children (full name, date of birth, residential address);
• description of the controversial situation, requirement for alimony and evidence;
• cost of the claim (amount of alimony to be paid to the defendant): share of earnings or in a fixed amount;
• list of applications;
• The current date;
• plaintiff's signature with transcript.

Sample applications for alimony (examples)

Below are sample application for child support, used in different cases.

Sample application for a court order to collect child support

Inspector: Ivanova Elena Mikhailovna

tel.: 8 000 00 00 000

Debtor: Ivanov Ivan Ivanovich

tel.: 8 000 00 00 001

Application for a court order
on the collection of alimony for maintenance
minor child

I and Ivan Ivanovich Ivanov are the parents of a minor daughter, Ivanova Olesya Ivanovna, born November 5, 2012, living at Moscow, st. Popova, 12, apt. 124.

The child lives with me, I fully provide for my daughter. The defendant does not provide financial assistance for the maintenance of the child. The defendant has no other minor children, no deductions are made from him under writs of execution, and an agreement on the payment of alimony could not be reached with him.

Based on the above, in accordance with Art. 80, 81 of the Family Code of the Russian Federation, Art. 121-124 of the Civil Code of the Russian Federation,
ASK:

1. Issue a court order to collect from Ivan Ivanovich Ivanov in my favor alimony for the maintenance of Olesya Ivanovna Ivanova, born on November 5, 2012 in Moscow in the amount of ¼ of her earnings monthly, starting from April 10, 2014 until she comes of age.

Application:

1. Copy of marriage/divorce certificate
2. A copy of the birth certificate of Ivanova O.I.
3. Certificate from housing authorities about the child’s residence with the plaintiff
4. Certificate of salary for Ivanova I.

Sample statement of claim for collection of child support

To the Leninsky District Court of Moscow

Moscow, st. Popova, 12, apt. 124
tel.: 8 000 00 00 000

Moscow, st. Lenina, 134, apt. 45
tel.: 8 000 00 00 001

for child support

Based on the above, in accordance with Art. 80-82 of the Family Code of the Russian Federation,
ASK:

1. To collect from the defendant alimony in my favor for the maintenance of Olesya Ivanovna Ivanova, born on November 5, 2012 in Moscow, in the amount of ¼ of her monthly earnings, starting from January 20, 2015 until she reaches adulthood.

Application:

1. Copy of the statement of claim

Sample statement of claim for the collection of child support in a fixed amount

When writing an application in a fixed amount, you need to indicate not a specific amount, but a share of the cost of living in the region where the child lives. For example, ½; 1; 1.5; 2 living wages, etc.

To the Leninsky District Court of Moscow

Plaintiff: Ivanova Elena Mikhailovna
Moscow, st. Popova, 12, apt. 124
tel.: 8 000 00 00 000

Defendant: Ivanov Ivan Ivanovich
Moscow, st. Lenina, 134, apt. 45
tel.: 8 000 00 00 001

Statement of claim for alimony collection
for child support in a fixed amount of money

The marriage with the defendant was concluded on October 11, 2012 in the registry office of the Leninsky district of Moscow, record of act No. 1234, dissolved on April 10, 2014. From the marriage we have one minor child - Ivanova Olesya Ivanovna, born on November 5, 2012, living at Moscow, st. Popova, 12, apt. 124.

The child lives with me, I fully provide for my daughter. The defendant does not provide financial assistance for the maintenance of the child. The defendant has no other minor children, no deductions are made from him under writs of execution, and no agreement on the payment of alimony was concluded with him.

I believe that the defendant should pay alimony for the maintenance of his daughter O.I. Ivanova in a fixed amount, since the defendant has an irregular income. When we lived together, we spent an average of 10,000 rubles per month on a child; after a divorce, I can spend 6,000 rubles on supporting my daughter, based on an average monthly income of 15,000 rubles. The cost of living in Moscow is 10,500 rubles for the first quarter of 2015, which is established by Resolution No. 111111.

To maintain the previous level of support for the child, the amount of alimony should be determined at ½ the subsistence level. It is also necessary to establish a procedure for indexing the amount of alimony depending on changes in the cost of living in the territory of Moscow.

Based on the above, in accordance with Art. 83, 117 of the Family Code of the Russian Federation, Art. 131-132 of the Civil Procedure Code of the Russian Federation,
ASK:

1. To collect from the defendant alimony in my favor for the maintenance of Olesya Ivanovna Ivanova, born on November 5, 2012 in Moscow, in a fixed sum of money in the amount of ½ of the subsistence level monthly, starting from March 20, 2015 until she comes of age.

2. Establish a procedure for indexing the amount of alimony depending on changes in the cost of living in the territory of Moscow.

Application:

1. Copy of the statement of claim
2. Copy of marriage certificate
3. Copy of divorce certificate
4. A copy of the birth certificate of Ivanova O.I.
5. Certificate from housing authorities about the child’s residence with the plaintiff
6. Certificate of salary for Ivanova I.
7. Certificate of salary for Ivanova E.M.

Sample statement of claim for the recovery of a penalty for a child

To the Leninsky District Court of Moscow

Plaintiff: Ivanova Elena Mikhailovna
Moscow, st. Popova, 12, apt. 124
tel.: 8 000 00 00 000

Defendant: Ivanov Ivan Ivanovich
Moscow, st. Lenina, 134, apt. 45
tel.: 8 000 00 00 001

Statement of claim for recovery of penalties
for late payment of alimony

By the decision of the Leninsky District Court of Moscow dated April 15, 2015 in case No. 1111, alimony was recovered from the defendant Ivanov I.I. in my favor for the maintenance of my daughter Olesya Ivanovna Ivanova, born on November 5, 2012.

However, the defendant does not properly fulfill his obligations to pay alimony. As of October 2015, the defendant had arrears in paying alimony in the amount of 30,000 rubles for the period from May to October 2015.

Based on the above, in accordance with Art. 115 of the Family Code of the Russian Federation,
ASK:

1. To collect from the defendant in my favor a penalty for late payment of alimony for the maintenance of Olesya Ivanovna Ivanova, born on November 5, 2012 in Moscow, the amount for the entire period from May to October 2015.

APPLICATION FOR ALIMONY sample, examples of an application for child support

Magistrate of judicial district N ____

_______________________________________

Plaintiff: ________________________________

(full name, address)

Respondent: ___________________________________

(full name, address)

STATEMENT OF CLAIM

on the collection of alimony for a child (children)

I got married to _______________________

(date) (full name and

spouse's address)

and lived together with her (him) ________________________________

__________________________________________________________________

(indicate the month, year until which they lived together; if the marriage is already

terminated, then indicate the date and year of termination)

We have child(ren) from our marriage __________________

__________________________________________________________________

(name, date, month, year of his/her birth)

The child(ren) are dependent on me, spouse

does not provide financial assistance for its maintenance (al, ala).

The spouse (s) of the other child (children) does not have deductions for

execution documents are not made from him (her).

In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

Collect from ___________________________________________________

(Full name and address of residence, work of the person,

obligated to pay alimony)

Year of birth, native ________________

(City, region)

in my favor alimony for ________________________________________

(name and date of birth of each child)

in the amount of _______ part of all types of earnings monthly, starting from

date of application (indicate) before he/she comes of age.

Applications:

1. A copy of the statement of claim.

2. A copy of the marriage certificate (certificate of

divorce, if the marriage is dissolved).

3. A copy of the birth certificate of the child (children).

4. Certificate from the place of work of the person obligated to pay alimony, about

salary amount and deductions.

5. Certificate from housing authorities confirming that the child(ren) are in

dependent on the applicant.

"___"__________ ____ G. _________________