How to sue for child support in 2021

Who can apply for alimony?

A sample application for alimony for the maintenance of 2 children will be needed by persons involved in the upbringing of minors who have the right to apply for payment. These categories include the biological or adoptive parent, guardian, and institutions in which children are kept.

Parents

The law defines the obligations of parents regarding the maintenance of children. In the event of a divorce or disagreement between spouses in a marriage, the mother has the right to go to court to recover funds. It is possible to enter into an agreement on a voluntary basis between people close to the minor. It requires certification from a lawyer. When resolving an issue using this scheme, there is no need to go to the courts.

Other persons

Not only the parents of a minor, but also his guardians can write an application for alimony payment. Claims are filed by adoptive parents on the terms of maintaining personal rights of a property and non-property nature with the biological parents. Institutions where children are supported can also count on help.

How to collect alimony voluntarily?

Alimony relations between former spouses are regulated by the Family Code of Russia (you can read the text of this legislative act at the link ). In Russia, legislation has established the amount of alimony payments for one, second and subsequent children. Alimony for the second child amounts to 33% of the total income of the payer.

According to the provisions of the law, voluntary collection of alimony is possible in three ways:

using an electronic transfer to the account of the father (mother) with whom the minor child lives;
hand over to the recipient personally;
by means of postal mail.

When transferring alimony using the last two options, the payer is recommended to take a receipt from the recipient. The presence of this document will be a guarantor for the payer, since the recipient will not be able to declare the existence of arrears in payments.

In accordance with the text of Article 81 of the family legislative act, the collection of alimony payments can be formalized through a voluntary agreement. Before drawing up this document, the spouses must verbally discuss all the conditions. If they have mutually agreed on the amount and timing of payments, they should begin drawing up an agreement on payments for the second child.

The agreement on child support payments for the second child is drawn up in writing. The document must be notarized. If the agreement form is not marked by a specialist from a notary’s office, then the settlement agreement will not have legal significance.

It is important to specify the timing of the transfer of funds in the contract. Alimony payments can be transferred:

monthly;
quarterly;
annually;
one-time. This type of financial support from a parent is used in cases where it is possible to transfer ownership of real estate to a child.

A voluntary agreement on alimony payment must contain information:

last name, first name and patronymic of both parents;
conditions for transferring funds;
liability of the payer if he does not fulfill his obligations in accordance with the law;
date of registration;
the period of validity of the agreement;
signatures of mom and dad;
mark from a notary office specialist.

You can draw up your voluntary agreement on the payment of alimony for your second child using the provided sample.

If it is not possible to collect alimony for the second child by agreement of the parties, then the parent with whom the child lives has the right to apply to the court. After applying, the payer will be obliged to pay arrears of alimony.

Statement of claim for the recovery of alimony for two children

Funds for the maintenance of minors are paid by agreement or by court order for the collection of alimony for two children, a sample of which can be found in advance on the Internet or in court. In the first case (by agreement), there is no need to fill out an application and go to court. Parents draw up a document that regulates all the nuances of financial payments and have it notarized.

If it is impossible to resolve the issue peacefully, it must be resolved through a claim for the recovery of alimony for two children. When writing, it is recommended to focus on the template, which guarantees the correctness of the document.

Required documents

The sample statement of claim for the recovery of alimony for two children is completed with documents confirming the identity of the applicant and payment of the state fee, as well as justifying his appeal. These include:

plaintiff's passport;
marriage, divorce and birth certificates;
certificates confirming the fact that minor children live with the plaintiff;
receipt.

All documents for alimony in marriage for 2 children in photocopied form are prepared in triplicate. Each of them must have a mark indicating that the copy is correct. At the time of contacting the court, you should have the original documents with you to enable employees to check with their photocopied versions.

Step-by-step preparation of a claim

Before turning to the courts to restore the rights of minors and force a parent to fulfill their responsibilities, you need to:

decide whether alimony will be collected in a fixed amount or as a percentage of income;
collect a package of documentation;
fill out a sample application for child support for two children in a marriage;
figure out which court to go to.

If the parent is officially employed and it is known where he lives, then the issue of collection can be decided by justices of the peace. If this information is not available, you should contact the city or district courts.

After completing an application for child support for 2 children according to the sample, you must supplement it with documents from the list of applications and submit it to the court for consideration. The claim is prepared in three copies - for the plaintiff, the defendant and the court.

Amount of money collected

If an agreement on alimony payments has been drawn up between the spouses, then they have the right to independently determine the amount of payments. Their amount cannot be less than what would be awarded if the issue was resolved through the courts. In the absence of a voluntary agreement between the parents, alimony is collected through the court in the amount of 33% for two children. The basic value in the calculation is the amount of annual income.

Upon an application for alimony in a fixed sum of money for two children, the court orders a payment in a fixed amount. Its amount is determined taking into account the family and financial status of the defendant. In this case, the requirements of the law are taken into account, limiting the amount of deduction from the parent’s funds to more than 50% of the income received.

From what date does alimony accrual begin?

If between the spouses the issue of maintaining minors cannot be resolved in a peaceful format, and the person raising them has filed a claim for the collection of alimony for two children, then child payments will be accrued from the date of application to the court. The decision to assign financial assistance made by the court may be presented to the defendant after any time has passed. The concept of limitation period does not apply here.

Sample statement of claim for the recovery of alimony for two children

The easiest way to draw up a statement of claim for the recovery of alimony payments from the defendant is using a sample, which will allow you to write it correctly. The list of documents for filing an application for child support for 2 children must be included in the “Appendix” section of the claim. When compiling it, you need to take into account that the document form is formed by several sections:

“Cap” - the name of the court to which the plaintiff is applying, his personal data, TIN and contact information;
document's name;
description of circumstances - information about registration, divorce and the birth of children, supported by data from registration documents confirming these facts;
requirement to collect alimony from the defendant;
information from the defendant about his family and financial status, which is precisely known to the plaintiff;
links to legislative norms confirming the right to claim, and a list of documents in the appendix.

The document is completed by the signature of the plaintiff and the date of filing the claim.

Sample statement of claim for the recovery of alimony for 2 children.

What documents are needed to apply for alimony?

In order for a claim to be accepted and considered in court, along with the claim itself you will need to present:

plaintiff's passport (copy required);
child's birth certificate (original required);
marriage/divorce certificate (original);
a certificate from the housing office about the composition of the family at the address where the defendant lives.

If the plaintiff has information about the second parent, for example, a new place of residence or work, then this must also be attached to the claim.

For information about which court should consider the application and how it can be submitted, read the article “Where to go with an application for the collection of alimony payments.”

The procedure for filing a claim for alimony collection

The statement of claim is submitted to the courts along with a set of papers personally by the applicant. After registering the documentation as incoming and handing it over to the executive judge, the paperwork begins. Meetings are held to which the plaintiff and defendant are invited. Based on the results of the measures, a decision is issued to award alimony.

Where to apply

A sample application for alimony for two children, a sample of which is freely available on the Internet, will be needed when deciding on the issue of establishing the amount of payment and its forced collection. To do this, you need to contact the defendant’s place of residence. If there is no information about his place of residence, it is possible to appeal to the court attached to the plaintiff’s registered address.

Terms of consideration by the court

The duration of consideration of a claim for alimony is determined by the procedure of office work. When conducting it in the lawsuit mode, it is possible to delay the process by filing a complaint against the decision made with a counterclaim.

When resolving the issue by order, the application is considered without a court hearing and without summoning the plaintiff and the defendant. Therefore, the order in the case is issued quickly and is not subject to appeal. At the legislative level, a period of 1 month is defined, within which it is recommended that court representatives meet when considering issues of alimony.

Required documents

You have the right to apply to a judicial authority for child support benefits (SC Art. 84, 80, 78; Federal Law No. 48 2008/24/04 Art. 15):

one of the parents raising a child and who is in a difficult situation due to the irresponsibility of the second parent (natural or adopted);
a guardian or trustee who protects the interests of the child entrusted to him;
city/district guardianship authority.

The package of necessary documents consists of:

applications for an order or statement of claim (as appropriate);
photocopies of the all-Russian passport of the initiator of the alimony case (+ original for comparison);
photocopies of the child’s certificate (+ original for comparison);
a document confirming the conclusion or annulment of a marriage (if any);
a document certifying the child’s place of residence.

Additionally, you may need a copy of the defendant’s writ of execution to confirm his existing alimony obligations in relation to a minor offspring from a previous marriage.

The state duty is not collected from the initiator of alimony proceedings, but is collected from the defendant (Federal Law No. 124 1998/24/07 rev. 2016/28/12 art. 23 clause 2; Tax Code art. 333.36 clause 1/2; Civil Procedure Code art. 125) .

The objective impossibility of obtaining a certificate confirming the income of a potential alimony payer (PP No. 841 1996/18/07, edition 2015/09/04) cannot serve as an obstacle to going to court to collect alimony.

A court ruling indicating the exact share of earnings in favor of the child, sent to the SSP, will help resolve this issue (Federal Law No. 229 2007/02/10 Chapter 11).

Statement of claim to reduce the amount of alimony paid for two children

The alimony payer can reduce the financial burden on the family budget only through the court. To do this, he needs to have grounds for filing a claim with the court. You can count on a positive resolution of the claim if you have documents confirming the circumstances.

Conditions for submitting an application

You can apply to the court to reduce the amount of alimony for two children if there are changes in the living conditions of the parent from whom funds for their maintenance are collected. They may be associated with a deterioration in the father’s financial situation due to serious illness, loss of ability to work, assignment of disabled status, as well as the birth of a baby into a new family.

The grounds for filing a claim are the child’s entrepreneurial activity, the employment of a minor, the collection of alimony from the payer in different families, as well as the child’s being in special institutions on state support, and not with the mother.

Step-by-step compilation

The basis for reducing the amount of alimony is a court decision on the claim. In order to reduce the unbearable burden on the family budget, the alimony payer needs to collect documents confirming the circumstances due to which payments cannot be made in the same amount, attach them to the statement of claim and submit them for consideration to the court.

Sample

The statement of claim to reduce the alimony load does not have a unified form, therefore it is drawn up in a free format. The information in its contents should be sufficient to assess and analyze the circumstances that are positioned by the applicant as key grounds for the court.

The claim must display information about the applicant, indicate in what format and on the basis of what document the alimony payment is made. When filing a section of claims, you should not only present them, but also document the basis for the appeal. You also need to refer to legal regulations. All other sections in the claim to reduce the financial burden are the same as in the application for the award of alimony.

Sample statement of claim to reduce the amount of alimony paid for two children.

Payment amount

The exact amount of alimony payments is calculated in two ways:

when drawing up a voluntary agreement to provide financial support for raising a second child. When drawing up this document, the size is established between dad and mom by mutual consent, provided that the specified amount is not lower than that established by law;
during legal proceedings. In this case, the judge sets the amount of alimony based on the individual characteristics of the situation.

The head of the judicial institution determines the amount of alimony based on consideration of the financial situation of the payer. Namely, he draws attention to:

financial sufficiency of the payer;
marital status - married or divorced;
presence of other dependents;
other aspects, depending on the circumstances of the case.

According to the legislation of the Russian Federation, child support is charged in the following amounts:

for the first child - 25% of the total monthly earnings of the alimony payer;
for the second child - 33%;
on the 3rd and subsequent - from 50%.

The amount of payments for child support from a second marriage may differ from the above percentages, either up or down. The change in size is related to the solvency of the defendant and the material well-being of the plaintiff.

The law provides for several options for alimony payments:

as a share of monthly income;
in hard currency;
in the transfer of property to the child.