How to establish paternity and collect child support

Child support and paternity

Parents are obliged to support their own children, including by paying them alimony. According to Art. 53 of the Family Code of the Russian Federation, even if children are born out of wedlock, they have every right to receive such maintenance. However, the obligation for such maintenance arises on the basis of the origin of the child, therefore, if the man is not registered as the father, the collection of alimony from him is impossible.

Establishing paternity is the process of establishing the parentage of a child, particularly his father. According to the general rule established by Art. 48 of the RF IC, the father is the mother’s husband if the child was born in marriage or within 10 months from the moment of its breakup or annulment. If the persons who are the biological parents were not married at the time of birth, paternity can be established by submitting a joint application to the registry office - in this case, the applicant will become the official father.

Moreover, if the child’s mother is missing, died or declared incompetent, the biological father can submit such an application himself if he has the appropriate permission from the guardianship authorities or the court. Find out more about the paternity establishment procedure.

Is it necessary to establish paternity to collect alimony?

Article 80 of the RF IC states that parents are obliged to support their minor children. If a relationship between a child and a man has not been established, the court does not have the right to order the collection of alimony. The assignment of forced financial support to be paid to provide for an officially step-child violates the rights of a man. Therefore, first of all, it is necessary to establish paternity and collect alimony legally.

Legislation

The legal framework for establishing paternity is determined by the Family Code. In particular, Chapter 10 of the Family Code defines the general rules and conditions for establishing paternity, the specifics of the procedure, the rules for making records about parents, and the procedure for challenging paternity.

An equally important role is played by the Federal Law of November 15, 1997 No. 143 “On Acts of Civil Status”: in particular, Chapter VI outlines the grounds for state registration of paternity establishment, the procedure for its implementation, the place of registration, consequences, and so on.

In addition, it is impossible not to note the Decree of the Government of the Russian Federation of October 31, 1998 No. 1274: it approved the forms of application forms that must be submitted to the registry office when establishing paternity.

State duty and deadlines

The cost and timing of establishing paternity and assigning alimony directly depend on the specifics of confirming closely related ties between a man and a child. If a person agrees to voluntarily recognize the children as his own, he can contact the registry office. Registration can be carried out both before receiving the child’s birth certificate and after. If the document has not yet been issued, you can save money. To register paternity you will have to pay 350 rubles (Article 333.26 of the Tax Code of the Russian Federation).

If the child’s birth certificate has already been received, the “father” column will not be filled in. To reflect the data, you need to update the document. They charge up to 650 rubles for re-issuing a certificate, another 350 rubles will need to be provided for establishing paternity on a voluntary basis (Article 333.26 of the Tax Code of the Russian Federation). If the application is submitted before the baby’s birth document is issued, the father’s record will be made immediately on the prepared form.

If the father agrees to provide child support voluntarily, the child’s parents formalize an agreement. The document is subject to notarization (Article 100 of the RF IC). The state duty will be 250 rubles (Article 333.24 of the Tax Code of the Russian Federation).

If paternity and child support are established through the court, the amount of payment changes. The state duty is regulated by Article 333.19 of the Tax Code of the Russian Federation. The claim is non-property in nature. You will have to pay 300 rubles for the consideration of the case. If a demand is made for the collection of alimony, there is no need to pay additional state duty (Article 333.36 of the Tax Code of the Russian Federation). Consideration of the case can take up to two months (Article 154 of the Code of Civil Procedure of the Russian Federation). If the proceedings are complex, the period may be extended for another month.

Establishing paternity if the father is against it

Individuals who are biological fathers do not always voluntarily acknowledge their paternity. In this case, the provisions of Art. 49 of the RF IC provides for a judicial procedure for determining the origin of a child. Not only the mother, but also the guardian, trustee, and also the breadwinner who is dependent on the minor has the right to initiate it. In this case, the applicant will have to prove the paternity of the defendant. To do this, you will have to provide evidence confirming the origin of the child from a specific subject.

According to paragraph 19 of the resolution of the Plenum of the Supreme Council of the Russian Federation dated May 16, 2021 No. 16, such evidence may be explanations of the parties and other persons, witness facts, documentary and visual evidence, photographs, video recordings, audio recordings, and so on.

The procedure for establishing paternity and child support payments

The process of establishing paternity and alimony in court is regulated by Article 49 of the RF IC. To initiate proceedings, you need to proceed according to the following procedure:

1. Try to talk to the man and ask him to voluntarily acknowledge paternity.
2. If the citizen refuses, collect documents and prepare a statement of claim to the court.
3. Initiate DNA testing.
4. Attach the result of the examination to the package of documents and go to court. A representative of the authority will consider the claim. You are given 5 days to study the documents (Article 133 of the Code of Civil Procedure of the Russian Federation). If no errors are found, the application will be accepted. The child's parents will be notified of the proceedings.
5. Get notified. The document will indicate the date and time of the hearing.
6. Take part in the consideration of the case. The child’s parents have the right to defend their position, provide evidence of correctness, and attract witnesses. You can enlist the help of a lawyer. The human rights defender will represent the interests of clients in court.
7. Wait for a decision. Consideration of civil cases in a district court takes up to 2 months (Article 154 of the Code of Civil Procedure of the Russian Federation). If the proceedings are complex, the period may be extended, but not by more than 1 month.
8. Challenge the decision if the applicant is not satisfied with it. You are given one month to file an appeal (Article 321 of the Code of Civil Procedure of the Russian Federation).
9. If the court has recognized the man as the child’s parent, satisfied the demands for alimony, and the decision has entered into force, payments can begin to be collected. Money is awarded from the moment the claim is filed (Article 107 of the RF IC).

Mother's procedure

If the biological father refuses to voluntarily acknowledge paternity, it will have to be established, as we have already said, in court. In this case, the child’s mother is recommended to adhere to the following procedure:

1. Collection of necessary documents, preparation of evidence.
2. Preparation of a statement of claim.
3. Payment of state duty.
4. Filing a claim in accordance with jurisdiction.
5. Attending court hearings, supporting claims in the process.
6. Obtaining a court decision giving the right to petition for alimony.

Since this process is associated with a lot of features, we consider it advisable to consider the main aspects in more detail.

How to file a claim correctly

First of all, the application to the court must comply with the requirements of Art. 131 of the Civil Procedure Code of the Russian Federation, according to which the following mandatory information is indicated:

• name of the court;
• personal data of the plaintiff and defendant;
• what is the violation or non-observance of rights;
• the circumstances with which the plaintiff substantiated his claims;
• the actual requirements themselves;
• an indication of the pre-trial procedure for resolving the dispute;
• list of documents.

Simply put, in addition to the mandatory data, the claim itself must describe in detail specific factual circumstances and situations, indicate the time period during which the relationship with the child’s biological father took place, emphasize the father’s refusal to recognize the identity of his own child, and also refer to the requirements of the law. If you do not have the necessary skills to draw up a statement of claim, it is recommended that you contact a lawyer.

Before filing a claim, it is important not to forget to pay the state fee for filing a claim. Since this claim is of a non-property nature, the amount of the state duty, in accordance with paragraph 3 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation is 300 rubles. Cases on establishing paternity, according to paragraph 4 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated May 16, 2017 No. 16, are subject to the jurisdiction of district courts. According to Part 3 of Art. 29 of the Code of Civil Procedure of the Russian Federation, such a statement of claim may be filed by the plaintiff in the district court at his place of residence.

The plaintiff can file a statement of claim in person, by sending it by mail or through a representative who has the appropriate power of attorney. In this case, it is important to obtain confirmation of filing, which can be either a postal notification of receipt of the parcel with the application, or a copy of the claim with a note from the office about its acceptance.

Package of documents

Along with the claim, the applicant must provide a package of documents in accordance with Art. 132 Code of Civil Procedure of the Russian Federation:

• copies of the claim in accordance with the number of defendants;
• receipt of payment of state duty;
• copy of the passport;
• a copy of the child's birth certificate;
• documents confirming the circumstances specified in the claim;
• evidence of the defendant’s paternity, which can be presented both on paper and electronic media.

The list of documents must be reflected in the statement of claim. Please note that the court accepts any evidence that reliably indicates the origin of the child from the defendant.

Features of the trial

When considering claims to establish paternity, the court is guided by the provisions of the Family Code of the Russian Federation, as well as the explanations of the Plenum of the Armed Forces of the Russian Federation, approved by resolutions of October 25, 1996 No. 9 and of May 16, 2017. No. 16.

Judges make their conclusions based on the evidence provided by the parties. If they do not provide a complete understanding of the situation and do not allow one to find out the origin of the child, the court, taking into account the prevailing circumstances and the positions of the parties, has the right to order a genetic examination, which will determine paternity as accurately as possible.

The court cannot base its conclusions solely on the results of the examination - it is considered only as one of the pieces of evidence that must be considered in its entirety.

If the father ignores the court decision to conduct an expert analysis and does not provide the necessary samples for its conduct, then, according to Part 3 of Art. 79 of the Code of Civil Procedure of the Russian Federation, this gives the court the right to recognize the fact of paternity as such. However, making such a decision is individual in each case and requires the study of specific facts confirming the impossibility of conducting an analysis or the presence of obstacles for the defendant to do so.

Based on the results of the consideration, the court makes a decision that establishes paternity or refuses to establish it in relation to a specific subject. If such a decision does not satisfy any of the parties, it has the right to appeal it to the appellate authority.

According to the general rule established by Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of such cases should not exceed two months, but in practice it will depend on the specifics of the case. Thus, when expert examinations are ordered and the defendant prevents the examination, the process can take more than six months.

Is it possible to combine the establishment of paternity and child support payments in one claim?

The specifics of preparing a statement of claim are regulated by Article 131 of the Code of Civil Procedure of the Russian Federation. The legal act specifies the form and content of the petition. Article 131 of the Code of Civil Procedure of the Russian Federation states that the plaintiff can reflect his demands in the document. Moreover, the information is not specified. In fact, the requirements can be anything. The period for consideration of the case reaches 2 months. The period can be extended (Article 154 of the Code of Civil Procedure of the Russian Federation).

Attention

If you file a separate claim for establishing alimony after paternity is recognized, the time frame for processing payments will be significantly extended. Therefore, it is possible to reflect both requirements in one document. The legislation does not prohibit one-time requests to establish paternity and collect alimony, and in practice the courts accept such requests. The court will study the citizen’s appeal in detail, consider the evidence, and then make a decision on each claim.

How to file for child support and paternity at the same time

Let us note that many single mothers are interested in how to sue for child support if paternity has not been established, because not everyone has the means to support the child while the case is being considered. Civil procedural legislation does not prohibit the presentation of several demands against the defendant in a lawsuit. This suggests that a demand to collect alimony from the defendant can be filed with the court in parallel with a demand to establish the origin of the child. Simply put, the law allows you to sue for child support and paternity at the same time, in one lawsuit.

In this case, the plaintiff must act in a manner similar to the above. There is no additional need to pay another state fee for collecting alimony. One state fee for establishing paternity is enough - 300 rubles. If a positive court decision is received, an additional state fee of 150 rubles will be collected from the defendant. If the court does not satisfy the claim, then the plaintiff himself will have to pay this state fee.

If such a claim is satisfied with several demands considered simultaneously, the decision regarding the assignment of alimony, in accordance with Art. 211 of the Code of Civil Procedure of the Russian Federation, executed immediately. Collection in such enforcement cases is carried out by bailiffs without delay, without granting the right to voluntary execution.

Required documents

In order to file a lawsuit to establish paternity and collect alimony, it is necessary to prepare a package of documents for the trial. The collection of the required list of official papers takes into account the provisions of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation. You will need to provide:

• statement of claim to establish paternity and collect alimony;
• identification;
• the result of a DNA examination, if the study was carried out;
• children's birth certificate;
• divorce or marriage certificate, if family legal relations were previously registered;
• receipt for payment of state duty.

The list of documents is not exhaustive. The list of papers directly depends on the specifics of the situation. The applicant can provide any documents confirming the validity of the requirements to establish the relationship between the father and the child and to collect alimony payments. Additionally, it is permissible to bring witnesses.

Legal consequences of establishing paternity

Regardless of the order in which paternity was established, it is subject to state registration. To do this, the mother must wait until the court decision comes into force, and then submit it and the application to the registry office, which will carry out state registration.

After this, a child born out of wedlock acquires the same rights and obligations in relation to his parents as a child born in wedlock. It is worth noting that in this case, legal ties between the father and the child arise not from the moment the court decision enters into force, but from the moment the latter is born.

Establishing paternity and collecting alimony on a voluntary basis

The issue of voluntary establishment of paternity is regulated by Article 48 of the RF IC. First of all, they pay attention to the existence of a marriage between husband and wife. If family legal relations are registered, or the child was born within 300 days from the date of divorce, the father will be entered on the birth certificate automatically.

IMPORTANT

If the marriage is not registered, but the biological father agrees to recognize the child as his, the common-law husband and wife must prepare a joint statement on voluntary recognition of paternity (Article 48 of the RF IC). The petition is submitted to the registry office (Article 17 of Federal Law No. 143). Representatives of the authority will update information about the child’s parents.

Additionally, to submit an application for voluntary establishment of paternity, the following documents will be required (Article and Federal Law No. 143):

• parents' identity card;
• the baby’s birth certificate, if the document has already been received;
• documents confirming birth from the hospital, if the certificate has not yet been issued.

To simplify the establishment of paternity and the collection of alimony, you must proceed according to the following scheme:

1. Contact the father and find out whether the parent recognizes the children as his own.
2. If the father agrees that the children are his, he will need to fill out an application and submit a petition to the registry office (Article 48 of the RF IC).
3. Receive supporting documents. The mother and father will be given a birth certificate of the child with a record of the parents or a document establishing paternity (Article 56 of Federal Law No. 143).
4. Prepare a voluntary agreement on the payment of alimony (Article 99 of the RF IC).
5. Have the agreement notarized. The document has the force of a writ of execution and can be used to forcefully collect funds.

The child’s parents have the right to change or terminate the agreement to pay child support at their mutual request. Adjustment of the terms of the document on the initiative of only the father or mother is not allowed (Article 101 of the RF IC).

In order for an agreement to pay alimony to be recognized as valid, the document must be drawn up correctly. The agreement on voluntary child support is strictly in writing (Article 100 of the RF IC). The document reflects the following information:

• information about the mother, father and child;
• size and form of alimony obligations;
• rights and responsibilities of husband and wife;
• frequency of funds provision.

When will alimony be awarded?

According to the general rule established by Part 2 of Art. Art. 107 of the RF IC, alimony rights arise from the moment the claim is filed. According to paragraph 8 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated October 25, 1996 No. 9, if a claim is filed with a simultaneous demand to establish the origin of the child and assign alimony, the latter are also awarded from the date the claim is filed in court. At the same time, it must be taken into account that in this case the possibility of calculating alimony for the past period is excluded, as allowed by paragraph. 2 hours 2 tbsp. 107 of the RF IC, since before the court decision the alimony payer was not recognized as the father.

Sample statement of claim to establish paternity and collect alimony

A statement of claim to establish paternity and collect alimony must be filed taking into account the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation. The document is strictly in writing. The presence of errors is unacceptable. It is necessary to present information consistently and dryly. Showing emotions and insults are unacceptable. All information must be presented to the point. Typically, the form is filled out on a computer, then printed and signed.

In order for an application to determine paternity and collect alimony to be accepted for processing, the following information must be reflected in the petition:

• information about the plaintiff and defendant;
• information about the authority that will deal with recognition of paternity and collection of alimony;
• features of the current situation;
• the requirements put forward;
• references to legislative norms regulating the issue;
• list of applications;
• date and signature.

A sample statement of claim to establish paternity and collect alimony can be found

For your information

Payments for the offspring can be established in a fixed sum of money or in the form of a percentage of earnings (Article 81 of the RF IC). If a woman wants to receive a specific amount from the child’s father, it is necessary to justify the choice of this method of calculating alimony. The reason for establishing fixed payments may be the low earnings of the baby's father, which does not allow him to receive enough money to support his offspring. However, the father's financial situation will be taken into account. The court makes a decision based on cumulative factors.

How is child support paid after paternity is established?

When paternity is established and child support is assigned, the child’s father is obliged to begin fulfilling his obligations. Payments are awarded from the moment the mother of the offspring goes to court (Article 107 of the RF IC). Alimony is calculated as a percentage of income or obligations are established in a fixed amount. In the second case, the child’s father is obliged to provide payments regardless of the amount of income. The child’s parents themselves discourage a convenient method of transferring funds. Typically payments are provided by:

1. On hands . In this case, experts advise issuing a receipt.
2. To a bank account. Extracts serve as confirmation.

For your information
, a citizen identified as the father of a child can independently provide alimony for the maintenance of his offspring. If this method of transferring funds is inconvenient, it is permissible for the father to contact the employer. The company will have to submit a writ of execution or a notarized agreement. The father can also request that the employer withhold alimony from his salary upon application. Based on the document, the organization will independently transfer the amount to the recipient of the payments.

If the recognized father of the child refuses to voluntarily provide money, alimony can be enforced. To do this, you will need to contact the FSSP. Bailiffs work on the basis of Federal Law No. 229 of October 2, 2007 and Federal Law No. 118 of July 21, 1997. Regulatory legal acts allow FSSP employees to seize the father’s accounts, forcibly collect arrears of alimony, and sell the debtor’s property.

Establishing the status of “dad” and collecting alimony for previous years

If paternity has not been established, it will not be possible to collect child support for previous years. The fact is that payments are assigned from the moment you go to court (Article 107 of the RF IC). Until this date, the father is not obliged to pay money to the child. The exception is situations when a voluntary agreement on child support is drawn up between the parties. The document has the force of a writ of execution (Article 100 of the RF IC). If a parent has entered into an agreement, but refuses to pay, and a debt has accumulated, it is necessary to proceed according to the following scheme:

1. Take an agreement on the payment of alimony, an identity card and a birth certificate of the child, and contact the FSSP. Write a statement requesting the commencement of enforcement proceedings.
2. Wait until the bailiffs carry out forced collection and oblige the child’s father to continue to provide alimony in the future.

A similar scheme applies if a court decision has been made and alimony debt has arisen.

Problems and nuances

The procedure for establishing paternity and collecting child support is a rather complex process, which is often accompanied by some difficulties that should be taken into account:

1. The main cost item when considering cases of establishing paternity and collecting alimony is the payment for DNA testing. This is an expensive study. The price of the examination ranges from 20,000 to 40,000 rubles. The plaintiff provides the funds. However, if it is proven that the defendant was indeed the father of the child, the amount will be recovered from the man. In fact, the costs of the research are borne by the one whose arguments were refuted. Additionally, you can recover funds from the defendant for hiring a lawyer. However, you need to confirm all costs by providing documents. The papers must be included in the list of attachments to the application for establishing paternity.
2. In practice, a man may refuse to donate biological material or fail to appear at a medical facility. The court has to regard such behavior as agreement with the brought claim to establish paternity, and subsequently collect alimony for the child. Such measures have been taken to ensure that a potential pope cannot boycott procedural decisions made during the consideration of the case.

After reading the article, we can draw conclusions that establishing paternity and claiming alimony can be carried out voluntarily or compulsorily. In the first case, the parents of the offspring will have to contact the registry office and in the future it is possible to draw up an agreement on the voluntary payment of funds for the maintenance of a common child. If a man does not agree with paternity, or does not want to provide funds to provide for the child, the proceedings will be carried out through the court. Evidence from the parties will be taken into account. The easiest way to confirm paternity is to initiate a DNA test. The citizen whose arguments will be refuted must pay for the research.

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