Sample statement of claim for collection of child support

Who has the right to file a claim for alimony?

The plaintiff can only be the parent who lives with the child and bears daily responsibility for his upbringing, education, development, physical and mental health. This parent’s filing for child support has every reason if the other evades the listed tasks and also does not support the child financially.

Divorce of a legal marriage or maintaining a joint household without the fact of registration of the relationship by the civil registry office is not an obstacle to paying alimony and filling out a statement of claim for the recovery of sums of money. The main condition for initiating the process is the obvious and repeated evasion of one of the parents from supporting the child, non-participation in his life.

The plaintiff will need to write a statement of claim in the prescribed form and collect a package of documents, where a mandatory part is the child’s birth certificate. If the father is not included in it initially, you will need to first establish paternity, and only then apply to the court with an application for alimony. A sample of such a document is in the next paragraph.

Debt on alimony

For failure to fulfill payment obligations, the payer bears legal liability (including penalties). If it is impossible to reach a compromise, one of the parents may go to court.

Collection through court

There must be two grounds for going to court:

1. Lack of notarial agreement.
2. No compromise.

Also, money can be recovered for the past period (no more than 3 years) if there is evidence of evasion.

Which court should I go to?

Issues related to alimony after a divorce are resolved in the judicial district of the Magistrate's Court. The district court regulates only cases where a case of restriction or deprivation of parental rights is simultaneously initiated.

Evgeniy Baidalin

Family Lawyer. More than 10 years of experience

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You must apply to the Magistrates' Court depending on the area of ​​residence of the defendant. If the current address of residence is unknown, documents are submitted at the place of residence of the plaintiff.

Example of a statement of claim for alimony

If the payer has an official job and regular income, the case can be considered in a simplified form. It takes 5 days and does not require the presence of the parties. The recipient of alimony must come to court with an application for a court order.

In Judicial District No. ___ Oktyabrsky District of Izhevsk (name of the court)

Plaintiff: _______________________ (full name, address of the applicant)

Defendant: ____________________ (full name,

______________________________ address of the person obliged

______________________________ pay child support)

STATEMENT OF CLAIM for the recovery of alimony for a child (children)

________________ I got married to _________________________ (date) (full name and address of spouse)

and lived with her (him) together ___________________________________ ______________________________________________________________________ (indicate the month, year until which they lived together; if the marriage has already been dissolved, then indicate the date, year of dissolution)

We have a child(ren) from our marriage _____________________ ______________________________________________________________________ (name, date, month, year of birth)

The child (children) is (are) dependent on me; my spouse does not provide financial assistance for his maintenance. The spouse does not have another child (children), and no deductions are made from him (her) according to executive documents. In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

ASK:

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 child support for _____________________________________________ (name and date of birth of each child)

in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) until his/her adulthood.

Appendix: 1. Copy of the statement of claim. 2. A copy of the marriage certificate (divorce certificate, 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 the amount of salary and about deductions. 5. Certificate from housing authorities confirming that the child(ren) are dependent on the applicant.

____________/___________ "___"__________ ____ G.

How to write an application for alimony

A standard sample of such an appeal contains the following points:

1. Name of the court;
2. Information about the plaintiff;
3. The circumstances that forced the plaintiff to go to court;
4. List of attached documents.

The statement of claim must be drawn up in 3 copies, each of which is sent to the defendant and the judge respectively, the third remains with the plaintiff.

The copy of the application to the court on the issue of accruing alimony to the defendant must bear a stamp indicating that the document has been accepted by the legal authority for consideration.

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.

Documents for filing a claim for alimony

It is worth noting that the statement of claim is not effective unless the following package is attached to it:

1. photocopy of the plaintiff's passport;
2. photocopy of the defendant's passport;
3. birth certificate for all children requiring child support;
4. confirmation of residence of each child with an extract from the house register;
5. documents (notarized copies) about the income of the plaintiff and defendant;
6. a document confirming the existence of a financial lien from the defendant, if any.

You can find out more about exactly what papers you need to collect in order to form a detailed and correct appeal to the court here.

All copies and originals are important for recording the legality of the appeal and filing an application for recovery - this way the judicial commission can make sure that there are all grounds for assigning alimony to the defendant.

Is it possible to collect child support during marriage?

There is a misconception that you can only demand funds for the maintenance and upbringing of a child when a divorce has been filed. This is fundamentally wrong, since the legislator has provided for the possibility of claiming alimony in court without divorce.

It is absolutely not necessary to wait for a change in marital status (divorce) to demand child support payments from the second parent.

The answer to the question is revealed in more detail in the article “How to apply for alimony in marriage: features of the procedure?”

Features of alimony collection

Most often, the amount assessed to the defendant is determined as an exact percentage of all types of his income. However, the share of child support cannot exceed 25 percent of income for one child, 33 percent for two children, and half of income for three or more. If the defendant does not have a stable income, but instead has extra income or receives a salary in a natural product, the payment of alimony in a fixed amount is approved. Payments for a child are made until he reaches 18 years of age.

Parents can, by mutual consent, negotiate the amount of alimony to be paid, and it should not be less than that established by state regulations.

A voluntary agreement is concluded between both parties and is notarized, after which the document acquires the force of a writ of execution. The agreement must include the following points:

• amount of payment;
• deadlines;
• form;
• indexing (optional);
• sanctions for violation of payments.

Such an agreement can be terminated by both parties or adjusted - any changes are recorded notarially by the participants in the alimony relationship, but in no case unilaterally.

Collection of alimony is carried out in 2 ways: through a court order or by court decision.

Important!

Documents on the collection of alimony are not always submitted only by parents - guardians, administrations of child care institutions or government bodies that act in the interests of the child can defend the child’s legal right to award sums of money.

Where to file a claim for alimony?

The judicial and legal system of the Russian Federation provides only one option for accepting applications for alimony, this is the first link of courts of general jurisdiction (COJ): district magistrate courts at the place of residence. Contact details and opening hours can always be found in any other open source on the World Wide Web.

How to file a claim for alimony

The package of documents is submitted in person, during office hours, which should be clarified directly at the regional office. The documents are registered in the office, one copy (out of three, which, we remind you, must be available) is returned to the plaintiff with a mark of acceptance.

If it is not possible to visit the office, the plaintiff has the right to send documents to the court by registered mail. In this case, an inventory of all investments will also be compiled.

As confirmation of receipt of the statement of claim, the initiator of the process will be sent a notification that the letter has been delivered to the court. In response to the accepted application, the plaintiff is sent a notice of the appointed place, time and date of the court hearing on the specified issue.

The standard period for consideration of a claim is 1 calendar month from the date of filing.

From what income are deductions allowed?

The income from which alimony is collected includes:

• official salary;
• fees, bonuses;
• interest on deposits;
• social benefits;
• unemployment benefits;
• copyright income;
• income from individual entrepreneurs;
• profit from participation in an LLC;
• rental income.

Evgeniy Baidalin

Family lawyer. Work experience more than 10 years

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Deductions are not made from travel allowances, maternity allowances, lump-sum payments, child benefits, or survivor benefits.

If income is unknown

If the parent’s source of income is unknown or is greatly reduced compared to the real wage in the region (in January 2019, the average monthly salary in the Udmurt Republic was 31 thousand 144 rubles), then the bailiffs, as part of enforcement proceedings, will study income and search for property. They work only on the basis of official documents: certificate 2-NDFL and data from the Pension Fund, but they can transfer information to the Federal Tax Service for the city of Izhevsk or the Territorial Body of State Statistics.

Deductions for individual entrepreneurial activity

The Family Code regulates payments from a person registered as an individual entrepreneur. They correspond to the percentage system: 25% for one child, 33% for two, 50% for three or more. Calculated based on the company's net profit after taxes . It is confirmed by a tax return submitted to the court for proof.

If an individual entrepreneur’s income and expenses fluctuate, alimony is calculated based on the country’s average earnings. An agreement between parents is possible, in which one of them deducts a certain percentage of the profits.

Consideration of an application for the collection of alimony by the court

The decision of the judicial commission on the collection of alimony is the main document confirming the guarantee of payments. Based on this decision, the plaintiff seeks financial participation of the second parent in the lives of minor children together.

The decision to award alimony can be made either during a full court hearing or without the presence of the defendant, in absentia. The procedure for writ proceedings is also legal, within a month after filing the relevant application.

The court order is issued to the plaintiff within five days, starting from the day the application for alimony is considered, at a meeting of the judicial commission in the presence of 1 of the parents (plaintiff). The order is issued by the judge alone without the presence of the defendant on the basis of the indisputability of parental rights in relation to the heir. Such a document has the force of a writ of execution.

The cost of drawing up a statement of claim for the collection of alimony and related services in SIP

The cost of preparing a statement of claim for the collection of alimony at the initial stage

The cost of related services for legal proceedings in the framework of drawing up a statement of claim for the recovery of alimony

Execution of a court order

The writ of execution is endowed with independent force, and the execution of a court decision requires the participation of bailiffs to establish the defendant’s place of work and his level of income. A court decision on collection may be deferred in time, and if the plaintiff and the child are in a difficult financial situation, the judge issues an order assigning them temporary support until the final decision is made.

Withholding of alimony from an employed person - the defendant - is carried out by the settlement department of the enterprise, which evades payments for the child from all types of income. The basis is:

• performance list;
• judge's order;
• court statement;
• a notarized alimony agreement.

Alimony compensation and spousal maintenance

In the practice of magistrates' courts, there are situations where certain expenses exceed the amounts of payments established by the court for the child. If the plaintiff can confirm the need for such expenses, it is possible to demand compensation from the defendant for the present and previous periods of the child’s life. For example, compensation for treatment, etc.

It is possible to obtain a refund of the amount of money by changing the clauses of the agreement, or by submitting a completed statement of claim in the required form to the court.

Such a payment depends on the size of the emergency amount of the payer’s expenses and is subject to return both after the period of treatment of a minor and an adult child who has lost legal capacity due to illness, due to an accident, or due to other circumstances.

In two cases, alimony payments are combined even when the marital relationship is not officially terminated:

• One of the spouses is in dire need of support;
• The second parent avoids supporting the child.

Specifically in these cases, the claim is considered within 30 working days from the date of its filing. Making a court decision on financial payments is a lengthy and labor-intensive procedure, but the state passes the necessary bills so that the rights of participants in alimony relations are respected.

Changing the amount of alimony

The amount of alimony varies depending on the circumstances. To do this, one of the parties must go to court.

Increase in share

The parent has the right to petition the judge to increase child support. Relevant reasons are changes in prices, changes in the payer's income, and the death of a parent living with the child.

Downsizing

The alimony payer can apply to reduce contributions for one of the reasons: a change in the financial situation, the birth of a child, the incapacity of one of the relatives, illness, or disability. The reason for the reduction may also be that the child has a job upon reaching 16 years of age or exceeds his needs.

In a fixed amount of money

RF IC in Art. 83 obliges the payer, in the absence of employment, receiving a salary in foreign currency or natural products, to make deductions for the child in a fixed amount.

Such payments are tied to the cost of living established in the region. Due to the equal number of responsibilities for both parents, the amount is divided in half. Depending on the child’s social status (presence of diseases, sports activities, etc.), the court may impose additional costs.

To protect against inflation and price surges, fixed payments are indexed depending on the increase in the cost of living.