Where to start applying for alimony. Application for alimony: how to draw up, where to submit. How to apply for alimony - collecting the necessary documents

The Family Code of the Russian Federation protects the interests of minor citizens. Chapters 11 and 12 indicate that parents must be responsible for their children - take care of their physical, mental and moral health, material well-being, educate, develop and provide the opportunity to receive general education.

In this case, both spouses must equally fulfill their parental obligations. In the event of divorce, neither the mother nor the father is released from duty. They both must continue to feed, clothe, teach the child, constantly participating in his life.

Unfortunately, in practice it often turns out that the parent who begins to live separately after a divorce withdraws himself from fulfilling his responsibilities for the care and maintenance of the child. If you don't know how to resolve this situation, this article is for you. In it we will talk about how to apply for alimony, what documents should be collected and how to write a statement of claim. We hope this information will help you in solving any difficulties that may arise.

What is alimony?

Alimony is a legal term that denotes material resources that, in accordance with the law, one of the spouses must pay to the other for the maintenance, food and education of a common minor (and sometimes over the age of 18) child. Money or natural products can be given voluntarily or compulsorily, by court decision.

According to the law, the payment of child support has no correlation with the spouses being married. The obligation to financially support one's offspring arises by virtue of motherhood and fatherhood. Therefore, a spouse has the right to sue for alimony while in a legal marriage, without wanting to dissolve it. Also, one of the parents may apply for child support, even if he is not married to the mother or father of the offspring. The law allows you to file for alimony after a divorce, without a divorce, or during the process of divorce.

Financial assistance without drawing up an agreement

If there is no disagreement between the parents regarding the maintenance and upbringing of the child, there are several options for paying child support, including:

on a voluntary basis without drawing up an agreement;
on a voluntary basis based on an agreement;
voluntary payment in the presence of a court decision.

The first option assumes that the child’s parents come to an agreement on financial support for their offspring without drawing up a formal agreement and without going to court. At the same time, neither the order, nor the frequency, nor the amount of alimony is fixed in notarized documents. It is advisable to make a voluntary payment while maintaining documentary evidence.

This can be done by opening an account in the name of your ex-spouse or child and transferring an alimony amount to it or making a money transfer by mail. In this case, it is important to correctly indicate the purpose of the money transfer, for example, “alimony for August 2014.” You can also take a receipt stating that the funds have been received and there are no claims, but this is quite inconvenient.

Concluding a voluntary agreement on the payment of alimony

An excellent solution for both parents (guardians or adoptive parents) of the child is to conclude an agreement on the basis of which voluntary payment of alimony will be made. An official document certified by a notary will help avoid conflict situations between former spouses. The agreement usually specifies the amount of funds, the procedure and timing of their payments (monthly, quarterly, one-time, etc.).

Spouses can draw up such an agreement both during the marriage and after its dissolution. Alimony is established by agreement of the parties - in a fixed amount or as a percentage of the parent’s income. The notarized agreement can be submitted to the accounting department at the payer’s place of work. To conclude an agreement on voluntary payments, you must prepare:

passport or other identification documents;
documents confirming the amount of alimony (certificate of income, etc.);
evidence establishing the relationship between the parties.

Nuances of concluding an agreement

The agreement is drawn up and signed by the parties - the person obligated to pay alimony and the recipient of the funds. The document must be notarized, and after that it comes into force. The amount of alimony for one child cannot be less than a quarter, for two children - one third of the payer’s salary or other income, and also cannot be lower than the amount that the recipient could achieve in court.

This document provides for indexation of the amount of alimony payment to protect it from inflation. The agreement may be terminated by mutual consent of the parties at any time. Any changes to its terms must be made in writing and certified by a notary. Unilateral refusal to fulfill obligations or changes in the terms of the agreement are not permitted.

Application for a court order

If a parent stops paying child support, the collection will be carried out in an indisputable manner on the basis of a court order. To complete it, you must personally submit or send by registered mail an application to the magistrate. Copies of documents must be attached to it. The application indicates the fact of marriage, the number of children and their details, the recipient’s requirements, the payer’s details, etc.

To file a lawsuit for alimony to issue a court order, you need copies of marriage and divorce certificates, documents establishing paternity (if the marriage was not registered), and alimony payment agreements. You will also need a certificate from the place of work of the unscrupulous payer.

In accordance with the norms of civil procedural legislation, the application will be registered and considered. Within five days, the judge will issue a court order to collect alimony without a trial or summoning the parties to a hearing. After receiving the order, it must be taken to the bailiff or to the accounting department at the defaulter’s place of work.

Where to apply for child support? Statement of claim

If a spouse voluntarily does not pay child support, refuses to sign an agreement and avoids raising his child in every possible way, the second parent should go to court. Where to apply for child support? The plaintiff should go to the magistrate at his place of registration or at the place of registration of the defendant. In order for an application for alimony to be accepted, it is necessary to prepare the following documents:

certificates of marriage and divorce (if available);
child's birth certificate;
a certificate from the housing authorities confirming that the child lives with the plaintiff;
certificates of income of the defendant and plaintiff;
documents on the amount of deductions from the payer (if any).

When going to court, the plaintiff is relieved of the need to pay state fees. What documents are submitted for alimony if the marriage has not been officially registered? In addition to the standard list of certificates, it is necessary to provide a certificate of establishment of the defendant’s paternity (examination results). When applying to the court, an application is drawn up, which contains the name of the authority, information about the defendant and plaintiff, the plaintiff’s demands, circumstances and a list of attached documents.

How to apply for child support not only for a child, but also for yourself?

Article 89 of the RF IC specifies in what cases spouses are obliged to financially support each other. Women who are pregnant or raising young children (up to 3 years of age) have the right to sue their husband for alimony.

Also, a disabled spouse who is in need or caring for a disabled child has the opportunity to turn to a magistrate for help. It should be remembered that if there is a need to collect alimony for your own maintenance and for the maintenance of a common child, you will need to draw up two separate applications. In the first, the plaintiff will be the needy parent, and in the second, the child himself.

Consideration of a claim in court

The claim will be considered within 30 days from the date of its receipt at the site. During the proceedings, both parties, as well as witnesses, will be called to court. Ultimately, the judge will make a decision. As a rule, the claim is granted, and the court often accommodates the woman halfway, especially if her income does not allow her to provide herself and her child with everything necessary. The plaintiff and defendant are given a 10-day period to appeal the decision. If the parties have not filed complaints, the judge will issue a writ of execution, which will become the basis for opening enforcement proceedings.

How to apply to my father for child support? Very simple. If a child lives with a parent, and the mother does not fulfill her obligations to provide financial support and raise the minor, you should go to court, write a statement of claim and provide all the necessary documents.

Is it possible to obtain alimony payments without a divorce?

How to apply for alimony without divorce? According to the law, either parent can do this if the other does not provide funds to support the minor child. From a legal point of view, the alimony obligations of parents have nothing to do with the institution of divorce. Art. 80 of the RF IC states that financial support for a child is the direct responsibility of both parents, and it does not matter what their relationship is.

If a spouse does not fulfill their obligations, the other half has the right to file a statement of claim in court, including demanding payments in a fixed amount of money. Applying for alimony without a divorce is quite simple. It is necessary to file a claim to recover from the husband/wife the necessary funds to provide for the child and attach all the required documents. The amount of payments will be set as a quarter of the income of the negligent parent.

What to do if your spouse refuses to pay alimony?

Unfortunately, a situation often arises when the payer, despite a court order to collect alimony, refuses to provide for the child - changes his place of residence, place of work, and hides his income. In this case, he may be brought to administrative or criminal liability. The maximum penalty for evading payment of alimony is imprisonment for a period of 1 year. Also, an unscrupulous payer will have to pay all penalties for days of delay.

Instead of a conclusion

So, in this article we looked at not only how to apply for alimony, but also how to draw up an agreement, what documents will be required when going to court, and how the procedure for issuing a court order differs from considering a claim in court. Based on the above, we conclude: every parent, regardless of his desire and financial support, is obliged to support his minor child. The best way out is to come to a compromise and sign an agreement on a voluntary basis. If there is no mutual understanding, you will need to file a claim for alimony. Your child should receive what is legally due to them!

Content

A person can provide voluntary or forced financial assistance to a person related to him by family relations or who is a direct relative. This is established by the legislation of the Russian Federation. Any citizen planning to enter into a family relationship should know how to apply for alimony during marriage and after divorce. This information will help you avoid unnecessary litigation and quickly obtain funds to support a child or sick spouse.

What is alimony

For a long time it was believed that only children from their parents could receive financial assistance, but according to the law this is not the case. Alimony obligations arise between two persons related by family or kinship ties. The list of people who fit into this category includes spouses, children, grandparents, grandchildren, parents, stepmothers, stepfathers, persons who once provided patronage or guardianship of a minor citizen. All of them can be paid maintenance money.

Alimony in marriage without divorce

Spouses rarely resort to this procedure. You can receive alimony without a divorce if one of the spouses is raising a child who has become disabled or is temporarily disabled. In this case, the official fact must be established that the defendant avoids providing financial assistance in every possible way. The legislation defines the categories of people who can qualify for financial support without divorce:

disabled people;
pensioners;
persons involved in raising a disabled child.

They refuse to recover money for maintenance to persons who have committed a planned crime, who suffer from alcoholism or another type of addiction, or who show physical aggression towards the defendant. According to Article 92 of the Family Code, if the marriage was concluded relatively recently, it is impossible to demand financial assistance from the spouse. Transfer of payments can be carried out under a voluntary agreement between persons or by a court decision.

Alimony after divorce

The question of obtaining financial assistance for a child often arises after the divorce. If the citizen is decent, then the persons draw up a settlement agreement and every month a certain amount of money will be credited to the spouse’s account. Filing for child support is forced through the court. You need to come to the government agency at your place of residence and then leave an application. The former spouse does not have to pay for the accommodation of adult able-bodied children.

Collection of alimony for wife's maintenance

A woman during pregnancy and after the birth of a baby needs maintenance. The husband must provide it without fail. If this does not happen, the spouse has the right to send an appropriate appeal to the court with a request to transfer funds to her. Maintaining a wife on maternity leave is the responsibility of the husband, which is confirmed by the Family Code. The spouse has the right to demand alimony in the following situations:

cares for a child recognized as a group 1 disabled person;
is raising a child under 3 years of age;
declared incapacitated due to retirement age or disability.

Is it possible to apply for alimony without a divorce?

Parents can enter into an agreement among themselves on payments or go to court with a statement. Such an agreement is necessary to protect the rights of the minor. Alimony in marriage is transferred voluntarily to a card or children's account. The debtor can transfer money directly into the hands of the plaintiff every month, but against receipt. A father or mother should not hand over funds necessary for the maintenance of children without documents that could confirm this action.

Is it possible to apply for alimony outside of marriage?

A child born to parents who have not officially registered their relationship has the right to financial support. You can apply for alimony outside of marriage if the citizen has officially recognized the fact of paternity. Otherwise, it is necessary to prove this in court. The only evidence that is accepted by all government agencies is the results of genetic testing.

What documents are needed for alimony

You can use the government service that allows you to file a statement of claim via the Internet or by going to court. Sample applications and lists of documents are provided by a social worker or notary. When filing a claim, it is recommended to contact a lawyer to avoid mistakes. The following documents for alimony must be attached to the application:

a copy of the claim for the defendant;
copy of passport;
certificate of registration/divorce;
certificate of residence;
certificate from the place of work about the earnings of the plaintiff and the defendant;
a check confirming payment of the state duty;
other papers confirming the plaintiff’s rights to financial assistance.

Documents for filing for child support may include the results of a genetic examination, provided that the parents were not officially married. Then a copy of the result for the defendant should be attached. It is recommended to send two packages of papers. One must be sent to the court where the potential payer lives, and the second should be taken to the government agency at the location of the plaintiff.

Where to begin

Many former or current spouses do not know what is needed to apply for alimony. The first step is to confirm your right to financial assistance, i.e. provide papers proving your inability to work. If we talk about what kind of certificates are needed, then you will definitely need an extract from your place of work, if you are pregnant or disabled - a doctor’s certificate, a child’s birth certificate.

Where to apply for alimony

All claims and claims must be sent to court. If you do not know where to apply for alimony in your city, then you should contact a law office. There they will help you with paperwork and tell you which court to go to. Before submitting your application, we recommend that you double-check that the paperwork is filled out correctly. Some citizens are denied applications due to the fact that the application form is filled with errors.

Which court should I go to?

The application must be heard by the government agency that regulates civil matters in your county or region of the defendant. It will not be possible to sue for alimony in a court located close to your place of work, because... the proceedings take place at the place of registration of one of the parties to the family relationship. If you were not married to the defendant, you will have to send documents to the district or city court along with a certificate of paternity.

Writ proceedings

After you have successfully submitted documents for alimony, you will have to wait for the decision of the government agency. Court costs in writ proceedings are paid by the party filing the application. It will not be possible to recover them from the defendant. The minimum period for consideration of a case is 3 days, and the maximum is 5 days. An order for the payment of money for the maintenance of children or spouses can be issued by a single judge in the following cases:

in the absence of a dispute about paternity;
requirements are specified in hard currency;
the debtor makes payments in favor of other children;
the child’s place of residence has been confirmed.

Claim proceedings

When the parents have not come to an amicable agreement or the debtor does not communicate, the party in need can write an application to the court. In addition to financial assistance, a claim can be used to compensate for the costs of childbirth, maintenance and treatment of a child under 3 years of age. The court case on the claim proceedings is considered for 1 month. Within 10 days from the receipt of a copy of the application, the debtor may file a counterclaim. If this does not happen, the case goes to trial.

If the decision in the case is positive, the bailiff informs the defendant that he must provide mandatory financial assistance to the plaintiff. If the exact place of work of the citizen is known, the bailiff submits the resolution to the accounting department, after which a percentage of the salary will be automatically deducted for the child and the spouse who is supporting him.

How is the amount of alimony determined?

The interest rate that determines the amount of material payments is fixed for Moscow and other cities of the country. 25% of salary and other financial rewards are transferred per child. The amount of alimony as a percentage may change if the person has another family and a child. For two children, 33.33% is deducted from a citizen’s income. If one heir is from another marriage, then the rate is divided in half and will be 16.66%. A citizen who is without a stable income is assigned one of the following methods of paying mandatory maintenance:

hard currency;
payments in kind;
fixed amount of monthly payments;
a certain share of earnings.

How much does it cost to file for child support?

The state fee will have to be paid if the spouses were unable to reach an agreement. The cost of filing for child support through the court is 150 rubles. If you want to apply for your maintenance, you will have to pay 300 rubles. When one of the spouses files documents to recover financial assistance along with a claim for divorce, he must pay 400 rubles. You can deposit the required amount through a bank or online payment system. You do not need to pay an application fee when:

it is necessary to collect the debt;
you need to cover the costs of an expensive operation undergone by a child or mother;
it is required to increase the amount of payments due to changes in the payer’s income.

Video: How to properly file a claim for alimony

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According to family law, each parent is obliged to take care of his child until he reaches the age of majority. Moreover, this must be done regardless of how the parents live: together or separately from each other.

If the child's father or mother, who lives separately, evades fulfilling his duties, the parents need to peacefully agree on the payment of child support. Alimony is the optimal solution to the situation, since the parties can independently resolve a number of important issues - the amount of payments, their frequency and the order of transfer.

But, often, the parties fail to reach a peaceful solution. Then there is only one thing left to do, file an application with the court. Not only a parent, but also a representative of the juvenile protection service can file a claim for child support in 2018.

As a rule, an application to the court for alimony is filed after the divorce of the spouses, if the parent living separately refused to fulfill his obligation to provide for the minor. In this case, proving the need for alimony is quite simple; the application must indicate the following circumstances:

The parents do not live together, that is, there is no joint household.
Only one parent takes care of the child.

But sometimes an application for child support to the court may be required in cases where the parents are in prison. In this case, you can file a claim for payments only if there are witnesses who can confirm in court that one of the spouses is evading his responsibility to support a minor child.

How to apply for alimony if the marriage was not registered

A claim for alimony can be filed in court even in cases where the parents were not in a registered marriage. But in such a situation, the mother will need to additionally establish the fact of paternity.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

In multifunctional centers you can apply for child support for minor children; since 2017, the list of government services provided by MFCs has been supplemented with the service of voluntary payment of monetary compensation or through the courts.

According to the family legislation of our state, alimony is the material resources necessary to support children. They are usually provided in cash by the parent living separately from the child.

The law calls one of the responsibilities of parents the maintenance of their children. At the same time, they choose the form and order of this content independently.

But there are cases when children are left without adequate support for their livelihoods. And then the issue of alimony obligations is decided by the court.

In cases of this kind, both the father and the mother can be plaintiffs, as well as defendants. That is, it is possible to impose the obligation to pay alimony in court on both spouses, the main thing is that their children have not yet reached the age of majority.

According to the Family Code, payments can be made after adulthood, in cases where children have disabilities or become incapacitated after 18 years. In this case, the parents are required by law to pay child support, the amount of which is established by a court decision.

Also, elderly parents have the right to apply for monetary compensation through the court if they are recognized as partially or completely incompetent, when the amount of their pension is less.

How is child support paid?

The basis for the fulfillment of alimony obligations is a writ of execution. On its basis, the amount specified in the court decision is withheld from the income of the person working and paying alimony, which is transferred to the account of the person receiving alimony within three days following the accrual of wages.

There are situations when the person paying alimony works outside our country. Under such circumstances, their payment is possible both in rubles and in any other currency.

Funds are transferred into national currency at the rate set by the Central Bank of Russia. When transferring money, the rate determined on the day the alimony is collected is used.

In the same way, military personnel who are temporarily located in the territory of another country must fulfill their alimony obligations.

How to apply for alimony through the MFC: step-by-step instructions

Collect a package of necessary documents.
Consult and make an appointment at the nearest branch of the MFC or come to the center and take an electronic queue coupon.
Fill out the application according to the sample, the form is issued on the spot, the correctness of the information entered can be checked in consultation with a specialist.
You can wait for a decision, the status of the application, which will be issued by an MFC employee after the documents are accepted.

What documents are needed

Before visiting the “My Documents” office, it is mandatory to collect documents to submit for alimony payment.

Applicant's passport
Marriage certificate or
Original
(form No. 9)
Statement of claim

The list may change depending on the specific case, if it turns out to be incomplete, there is no need to worry, some can be conveyed in working order.

How much alimony is paid?

There are three options for determining the amount of alimony obligations:

A percentage of the parent's salary or other income.
A fixed amount that does not depend on the income of the person from whom alimony is to be collected.
A combination of these two forms, when part of the funds is interest on income, and part is a fixed fee.

Since, according to the general rules, it is the percentage collection procedure that is established, a fixed amount of alimony can be established only in cases where it is prescribed by law, namely if:

The income of a person who has alimony obligations is variable or unstable. This situation is possible if the parent is engaged in entrepreneurial activity by establishing the status of an individual entrepreneur, which quite often occurs in the practice of considering such cases.
The person on whom the obligations are assigned receives part of his income, or all of it, in kind.
The parent paying child support receives wages in a currency other than the Russian ruble.
The person from whom alimony is being collected has no income at all. In this case, establishing a fixed amount is necessary for recovery from the property of this person.
Collecting a percentage of alimony is impossible, or very difficult, or as a result of such a collection procedure the interests of any party to the dispute will be seriously violated. This is possible in cases of concealment of income by a person obligated to pay alimony, or if it is impossible to establish all the sources of income of this person.

To establish a fixed amount of child support, at least one of these conditions is necessary. The court may independently deviate from the general procedure for determining the amount of alimony or do so at the request of one of the parties to the conflict.

Sometimes the court may establish a mixed procedure for calculating alimony, when it is collected in two parts - interest and a fixed amount. This usually happens under the same circumstances as establishing a fixed amount of obligations in relation to the child.

At the same time, an important reason for applying such a penalty is the need to maintain the level of provision for children that was before the change in the form of their maintenance. For example, to pay for studies in a foreign country or to organize visits to certain sections or clubs, if the child had all this before the need to collect alimony arose.

The amount of monetary support, if a fixed fee is established, should provide not only the necessary needs of the child, but also maintain the provision at the level usual for him.

Moreover, it is important that such an amount is established based on the existing financial situation of the person from whom alimony is being collected.

The court should definitely establish whether the defendant, in addition to paying alimony obligations, will be able to provide himself and family members with the necessary funds. The fixed amount of funds for child support is necessarily indexed in proportion to the increase in the minimum wage.

In what cases can the amount of alimony be reduced?

If alimony obligations are determined by an interest rate, then the court, taking into account the financial and family situation of the defendant, may change the amount of interest (increase or reduce it). To do this, the court needs to determine several important points:

Does the defendant have disabled citizens supported by him?
The person paying alimony has a disability or illness due to which he cannot work.
Does the defendant have any other children under the age of 18?
The alimony payer is a pensioner.
The child, for whose support money is paid, got a job or started doing business.
Is the child in a medical or sanatorium institution?
There is a need for specialized care for a child for whom child support is paid.

Other cases that, in the opinion of the court, may entail the need to change the interest charged.
The option when one of the children during a divorce lives with one parent, and another with the other, also has specific features for collecting alimony. In such cases, they are paid by the wealthier parent to the one with less income.

They are needed in order to balance the provision of all children, and so that each child receives what he had before his parents’ divorce.

When does child support stop?

The possibility of terminating the payment of these obligations is also determined by legal norms. It is not uncommon for one of these circumstances to lead to the completion of the obligation to pay alimony:

In cases of voluntary payment of alimony:

The agreement regulating the issues of alimony payments has ceased to operate.
Circumstances indicated as stopping the payment of these alimony arose.
If there is a death of any party to the alimony relationship.

Provided that the funds were recovered through legal proceedings:

Children reaching the age of eighteen.
Adoption of children for whom alimony is paid (now the adoptive parent will support them). This clause does not apply when it comes to such methods of placing children as: guardianship, foster family, family-type orphanage, guardianship.
The minor became fully capable before reaching adulthood.
Subject to the death of one of the parties to the relationship.

An important point of any alimony obligations is their inseparability from the personality of the child and the person paying these sums of money, that is, it is impossible to inherit alimony or the obligation to pay it.

Parents who want to collect money for the maintenance of their children, as well as other persons, often have the question of where to apply for alimony. In most cases, the issue is resolved through court. We will try to explain in detail which court district to go to for help, what is the algorithm of actions when going to court.

Which court should I go to?

The judicial system of our state includes courts: magistrates, district, regional, regional and federal. Where can you apply for alimony? Issues regarding alimony can be considered both in magistrates' courts and in district courts. Where to file for alimony depends on the prevailing circumstances in a particular case. Part 5 of Article 3 of the Federal Law of 1998 No. 188 “On Magistrates” determines that cases are resolved in magistrates’ courts, except those in which:

Along with alimony, a dispute arises about paternity or maternity;
a demand is made to deprive the child of maternal or paternal rights;
a claim for adoption is being considered;
other disputes about children.

Also, in the magistrate’s court it will not be possible to recover payments from other persons: from parents, from husband or wife, including former ones. It will not be possible to do this in a situation where payments need to be assigned in a fixed amount of money, or when other parties are involved in the dispute. In all the described cases, you should contact the district court immediately.

Regardless of where the application for alimony is submitted - in the magistrate's or district court, the rules of jurisdiction for the cases apply. According to the general principle, the issue is initiated at the place of residence of the citizen - the defendant. But, paragraph 3 of Article 29 of the Code of Civil Procedure allows you to file a claim for the collection of alimony against children at the place of residence of the citizen-plaintiff. Paragraph 4 of the same article states that a parent raising minor children is allowed to resolve the issue within his or her residence, or when, due to ill health or other circumstances, it is problematic for the citizen-plaintiff to get to the defendant’s court precinct.

In a situation where the location of the defendant is not known, claims are filed in the court district where he was last registered, or where his property is geographically located.

Statement or lawsuit?

If the parties have not entered into a voluntary agreement, then the issue of alimony can be resolved in two ways:

It would seem that these are formalities, but they have a colossal difference from each other. An application for alimony is written when there is no dispute as such between the plaintiff and the defendant, and the issuance of an order is necessary for the subsequent formation of a writ of execution by the bailiff service. Then the sheet is sent to the person’s place of work, where he will subsequently pay alimony. A simple statement can be drawn up when it is not initiated to find out the paternity of the baby, to deprive the other parent of the rights to him, in a situation where it is planned to collect amounts in shares of the defendant’s income. In all other cases, a claim should be filed. If these formalities are not met, the document submitted to the court will be returned (download sample and sample).

Where to apply for alimony during marriage?

It is not at all necessary that husband and wife should be registered at the same address. Moreover, having formalized their relationship, they can even actually live in different places. In this regard, a claim against the second parent for the maintenance of common children is filed in the court district where this parent lives. If both parents are registered at the same address, then it turns out that the application is submitted at the place of residence of the plaintiff. In general, the rules of jurisdiction apply in this case, common to all situations.

Which judge should I go to?

So, where can you apply for child support? The judge is selected according to several criteria:

depending on the prevailing circumstances of the case. They were indicated above - where to apply, to a district court or magistrate judge;
depending on the territorial affiliation to a particular area.

Each judicial precinct is assigned its own specific territory: city district, village, street. It will not be difficult to find out the jurisdiction on the official website of the court district. In any case, you can call the court at the contact number and clarify whether the defendant’s residential address falls under the jurisdiction of this particular court.

Procedure when going to court

Before going to court for help, you need to prepare a package of documents. These include:

statement or claim;
own passport;
document on marriage or divorce between the plaintiff and the defendant;
birth documents of children;
certificate of registration with the child in one place;
certificate of the plaintiff’s financial situation;
certificate of the defendant's financial position.

This list of papers, under a number of circumstances, can be expanded with additional documents. For example, a pregnant wife seeking payments for her maintenance will have to submit to the judge’s attention a certificate of her situation. A needy retired wife must attach her pension certificate to the package of documents, as well as lists of expenses for herself. The statement of claim deserves special attention. This is, in fact, the main document, so you should fill it out responsibly.

In case of complete lack of skills in preparing legal papers, it is more advisable to seek help from a specialist.

The claim must contain the following information:

name of the judicial authority;
Full name, place of registration and actual residence of all parties involved in the case;
a statement of all the circumstances: the defendant’s refusal to voluntarily solve the problem, the age of the child, giving arguments regarding his need for financial assistance from the second parent;
requirement for alimony. Here it is important to indicate for whom the maintenance is being collected - full name, until what time it is being collected. If for a child, until he turns 18 years old. If for a needy wife, then until her need ceases;
attachment of documents;
signature and number.

After all the papers are collected, they are sent to the court. Let us remind you that alimony plaintiffs are exempt from state duty. When collecting payments for the maintenance of other family members, the court decision states that the fee must be paid by the defendant party. When the application is accepted by the judge, there is nothing left to do but participate in the process and wait for the verdict. Participation in the process involves receiving subpoenas, the attendance of both parties at meetings, and the presentation of evidence. The deadline for issuing an order is 5 days from the moment a person applies to a judicial authority. The deadline for making a decision is 30 days from the date the court receives the claim.

Conclusion

Lawyer at the Legal Defense Board. Specializes in handling cases related to divorce proceedings and alimony payments. Preparation of documents, incl. assistance in drawing up marriage contracts, claims for penalties, etc. More than 5 years of legal practice.