How to write a sample application for alimony. How to apply for alimony through the court - application form for alimony. Claim for spousal support

from 05/09/2019

Alimony is an ongoing payment for maintenance. To receive alimony, you need to agree among yourself or prepare claims for the collection of alimony.

The life circumstances of each family member may lead to the need to go to court to collect alimony, i.e. funds for their maintenance or meeting the needs of disabled family members. A separate chapter of the Family Code of the Russian Federation is devoted to alimony, the procedure for its establishment, calculation and collection.

When talking about alimony, most often we are talking about funds to support children. However, the provisions of the Family Code also apply to former spouses, parents, grandparents and some other family members.

Right to alimony

Family members bear certain responsibilities towards each other, incl. on material support. The right to alimony arises in cases established by the Family Code of the Russian Federation. Sometimes, the fact of the birth of a child is enough; sometimes it will be necessary to go to court with a claim for recognition of paternity or an application to establish the fact of recognition of paternity. For adult family members, the right to alimony arises in the event of loss of ability to work, temporary or permanent.

The common misconception about the possibility of collecting alimony only as a result of divorce is wrong. Alimony is related not so much to marriage as to the financial support of people in related relationships.
You can exercise your right to receive alimony in two ways: conclude and notarize an Agreement (only for parents on child support), or go to court with a claim for alimony.

Voluntary fulfillment of obligations to pay alimony is not so rare, but here it is important for the alimony payer to preserve the relevant evidence. Otherwise, alimony may be collected for a 3-year period before going to court.

The procedure for going to court has its own characteristics depending on whose maintenance the alimony is being collected for. By turning to the article devoted to claims for each type of alimony (for a parent, for a child, for spousal support), you will find the specifics of drawing up each of these documents.

Once alimony has been established, collection can be carried out in various ways within the framework of enforcement proceedings. Alimony is a periodic payment that is collected over a certain period of time. Therefore, the parties to the alimony relationship, if there are grounds, can exercise the right to reduce the amount of alimony or collect a penalty for alimony (examples are posted).

from 05/09/2019

To obtain money for the maintenance of minors, a claim is filed in court for the collection of child support. Such cases are often encountered in the courts. And it’s not difficult to file a claim yourself. To draw up an application to the court, simply download the sample, fill it out and read our recommendations. The plaintiff may consider an option in which it is more correct to file a claim. If the necessary reasons are missing, use the example below. And the nuances can be discussed with the site’s on-duty lawyer.

Note!!! If the plaintiff does not simultaneously declare a claim, or maternity, with the need to involve (for example, a recipient of alimony for other children), the court is filed. Otherwise, the court is forced to make a decision without consideration.

Example of a statement of claim

To the Aleisky District Court of the Altai Territory

Aleysk, st. Pervaya, building 1, apt. 1,

address: 658130, Altai region,

Aleysk, st. Second, building 2, apt. 2,

I, Petrova O.D., am the mother of Sergei Olegovich Petrov, born on February 21, 2005, and Natalya Olegovna Petrova, born on January 1, 2008. Defendant Petrov O.N. is the father of the children. We have been married since 2004, divorced in 2019. We lived together until 2019.

The children have been living with me and have been my sole support since February 2019. However, my income is not enough for this. Both parents must take equal part in the financial support of their minor children.

The defendant does not provide financial assistance for the maintenance of children; alimony is not collected from him. He refuses to pay the money voluntarily, citing his difficult financial situation and lack of work. I know nothing about his place of work and sources of income. The defendant has no other children, and he does not pay child support to anyone else.

In accordance with Article 81 of the Family Code of the Russian Federation, in the absence of alimony for minor children, alimony for minor children is collected by the court from their parents monthly in the amount of one third of the earnings and (or) other income of the parents for two children.

Guided by articles 131-132,

1. To recover from Oleg Nikolaevich Petrov in favor of Oksana Dmitrievna Petrova alimony for the maintenance of Sergei Olegovich Petrov, born on February 21, 2005, and Natalya Olegovna Petrova, born on January 1, 2008 in the amount of 1/3 of all types of earnings and other income monthly, starting from the date of filing of this statement of claim to the court until the children reach adulthood.

Application:

Copy of the statement of claim

1. Birth certificate of Sergei Olegovich Petrov (copy)

A copy of the birth certificate of Natalya Olegovna Petrova

Certificate from the passport office about family composition

Date 01/15/2020 Signature Petrova O.D.

How to file a claim for child support

Alimony is collected regardless of whether the parents are married or divorced, whether they live together or separately. The main condition for filing a claim is the absence of full financial assistance from the other parent.

When drawing up a statement of claim, adhere to the information given in the example; there is nothing superfluous here. If possible, supplement the application with information about the defendant’s place of work, attaching documents confirming his earnings or other income. Also in the application, the plaintiff can indicate whether the parties were married or not and demand that paternity be established.

If the defendant provides financial assistance, the plaintiff must inform the court of its amount and frequency. Express your opinions about its insufficiency to fully provide for minors. If the plaintiff and defendant still live together, you need to describe how the defendant spends his money.

When determining the amount of alimony, the provisions of Article 81 of the Family Code of the Russian Federation should be taken into account. If the defendant already pays child support for other children, this is indicated in the statement of claim, then the amount of child support will be determined taking into account these children. For example, the defendant has 3 children, for 2 he already pays alimony by court decision, then you can ask the court to collect from him only 1/6 of his earnings (6/6 all income, 3/6 half of earnings, each of the 3 children should receive 1/6 each).

Filing an application to court

Requests for the collection of alimony are subject to the jurisdiction of justices of the peace at the place of residence of the plaintiff or defendant (the plaintiff himself chooses). But this is in the case of a court order. If a lawsuit is needed, then, provided that demands are made to establish paternity, challenge it, etc., the statement of claim is filed with the district court.

If the defendant's address is unknown, provide the last known address. However, according to Article 120 of the Code of Civil Procedure of the Russian Federation, if the location of the defendant in cases of alimony is unknown, the court announces a search for him. During the search, the proceedings will be suspended.

The statement of claim can be sent by mail or submitted in person during office hours. The judge has 5 days to decide whether to accept the statement of claim.

Consideration of alimony case

Requests for the collection of alimony in the form of a claim are considered by a judge within 2 months. The judge listens to the parties, the plaintiff must prove that the children live with him and are dependent on him.

If the parents live together, the court usually asks clarifying questions about the procedure for participating in the upbringing of the children. The defendant is asked to present that he provides financial support. The plaintiff must be prepared to provide explanations to the defendant's objections. And if necessary, provide additional evidence. For example, bring 2 witnesses who will confirm that the defendant does not support children.

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

The Family Code of the Russian Federation establishes the mutual responsibility of parents to provide equally for their children. If one of the parents does not fulfill this obligation and avoids fulfilling it in every possible way, the parents need to proceed to the process of establishing agreements and enter into an agreement that will determine the procedure for paying child support.

If such agreements cannot be reached and the father or mother of the child completely refuses to participate in the material maintenance of the child, the legislator provides for the right of one of the parents to seek judicial protection of the interests of the child by filing an application to the court for the collection of alimony.

The court may resolve the issue of collecting alimony from both parents who refuse to fulfill their responsibilities towards the child. In this case, the juvenile protection service will act as the plaintiff. The procedure for filing a claim is determined by the Code of Civil Procedure of the Russian Federation, and the collection of alimony amounts determined by the court is carried out on the basis of the Federal Law “On Enforcement Proceedings”.

When considering a claim, the court proceeds from the following principles:

• equal rights of each of the parent’s children to maintenance;
• mandatory execution of a court decision throughout the territory of the state;
• the obligation of each parent to support minor children in equal shares;
• the validity of parents' obligations to children born within and outside of marriage;
• maintaining parents' obligations to children after divorce.

The most common cases are when demands for alimony payments arise immediately after the divorce; this simplifies the process of proving the need for one of the parents to receive child support. The main reason is the cessation of joint household management and concern for the material well-being of the minor.

The legislator does not prohibit those parents who go to court to establish compulsory child support. Such a process is more complex in terms of the degree of proof; in it, testimony can play a large role, which will confirm the fact that one of the parents evaded sharing in the maintenance of the child.

Filing a claim by parents in an unregistered marriage

The issue of collecting alimony by parents whose children were born out of wedlock is quite relevant. The first and main step of legally significant actions will be proving the fact of paternity.

The basis of evidence can be a birth certificate containing the father’s data. In the event that there is no record of the child’s father, genetic medical examination can be used as evidence, the findings of which will establish paternity.

The legislation provides two ways to obtain a judicial act on the collection of alimony:

• in the order of writ proceedings, according to the simplified system with the issuance of a court order;
• in a general manner, by considering a claim.

Order order

Issuing a court order in cases of alimony collection is the most effective and fastest judicial procedure. The judge makes a decision alone, based on the documents that were presented along with the application. There is no need for the parties to the case to participate in the hearing, because the circumstances of the case are clear to the court and do not require additional explanation.

When submitting an application for alimony to the magistrate, it should be taken into account that the court has the right to assign alimony only in proportion to the income of the second party. The received information can be immediately sent to the bailiff service, where the court orders will begin to be executed immediately.

Article 81 of the RF IC defines the shares of income that can be collected as alimony. Thus, for one child the court will set alimony in the amount of 25% of the amount of income, for two - 33.33% and 50% for three or more.

Collections from income in favor of minors can reach 70%; it is this type of payment that completely cancels the provisions of Art. 139 of the Labor Code of the Russian Federation, which limits the collection of funds to half the employee’s income.

When filing an application for alimony under a simplified scheme, you must provide the court with:

• certificate of family composition;
• certificate of residence of each parent;
• documents confirming income level;
• documents on the civil status of the parents (marriage, divorce, etc.);
• documents about children in custody.

When making a decision, the court is guided by the financial and marital status of each parent.

Attention! From June 1, 2016, all demands for the collection of alimony for minor children, not related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties, are formalized only in the form of an application for the issuance of a court order for the collection of alimony (Federal Law dated 02.03. 2016 N 45-FZ).

All filed claims for the collection of alimony will be returned by the courts (Article 135 of the Code of Civil Procedure of the Russian Federation). To collect alimony, file an application for a court order. is issued only in case of cancellation of the court order.

Application for a court order to collect alimony

Before submitting an application, you must familiarize yourself with the rules for drawing up a court order, as well as the list of documents that are necessary to collect alimony.

List of required documents

• Birth certificate of the child or children;
  A birth certificate is necessary in order to confirm the claimant’s right to apply for a court order. If the birth certificate does not include information about the child’s father, then it will not be possible to collect alimony under a court order. In this case, you need to file a claim to establish paternity.
• Certificate of family composition;
  A certificate of family composition confirms the actual residence of the child with the alimony claimant. Instead of a certificate of family composition, you can put a house register, if you have one.
• Certificate of marriage or divorce;

Which court should I submit documents to?

An application for a court order is submitted to the magistrate's court at the place of residence of the applicant or alimony payer.

Who is eligible to apply

Not only the child’s parents, but also guardians and trustees, representatives of guardianship authorities, as well as the administration of orphanages, shelters, etc. may have the right to submit an application.

The main condition when filing an application for a court order to collect alimony is that the child is in the custody of this person or guardianship authority.

How to apply

In order to submit an application, you must either come to the Magistrates' Court or send an application by mail. Copies of the required documents must also be attached to the application.

Consideration

The application is considered by the magistrate within five days from the date of receipt. In this case, the parties are not summoned to court. After consideration of the application, a court order is issued to collect alimony. A copy of the court order is sent to the alimony provider at the place of residence.

Challenging

If the defendant wants to challenge this court order, he can file an objection to it. In this case, the judge cancels the court order for the collection of alimony and invites the applicant to draw up a statement of claim for the collection of alimony.

Sample application for a court order to collect alimony

You can download this sample directly from the website.

Claim procedure

In the course of claim proceedings, applications for the collection of alimony are considered much more often. The court considers such applications and makes a decision based on the results.

The procedure itself presupposes that the dispute is competitive and open. Like any civil process, consideration of a claim for the collection of alimony is considered in several stages, the first of which is a preliminary hearing.

The process involves the plaintiff and the defendant, who can provide evidence to the court, express objections and explanations on the essence of the case. Each party may engage a lawyer or advocate as a representative. Disputes about the appointment or its combination with a share payment from the defendant’s income are considered through the claim proceedings. Cases regarding the collection of alimony arrears incurred in the previous period are considered in the same order.

The complexity of this process lies not only in proving the fact of failure to fulfill parental responsibility for the maintenance of a child, but also in justifying the amount required for its maintenance.

Who can file a claim for child support?

The number of persons who have the right to apply to the court to collect alimony for child support includes:

• one of the parents– both the father and the mother can go to court; the obligatory condition is cohabitation with the child and maintaining him at his own expense (it is important to prove that the potential defendant does not support the child);
• guardians– such a right belongs to a guardian who is officially recognized as such;
• administration of the children's institution, in which the child resides;
• government bodies, which, according to the norms of current legislation, can act in the interests of a minor.

Sample application for alimony to court

Necessary documents for filing an application to court for alimony

Along with the application for alimony, copies of documents must be sent to the magistrate's court, allowing the judge to consider the case and make a decision.

So, a copy must be sent to the court:

• the plaintiff’s passport, including the registration and civil status page;
• birth certificates of all children common with the defendant;
• certificates of marriage registration or divorce.

The application must be accompanied by the original:

• certificates about the composition of the defendant’s family and his place of residence, if such information is possible to obtain;
• certificates about the composition of the plaintiff’s family;
• calculating the amount to be collected;
• documents justifying the costs of maintaining a minor.

A judge's consideration of an application for alimony, together with all attached documents, will serve as the basis for making a court decision or issuing a court order.

Those parents who have not officially registered their marital relationship are required to provide the court with documents confirming paternity. Such a document can be a birth certificate, where the father is entered, or a court decision to establish the fact of paternity of a particular person. This fact will be established in a separate trial.

Parents who do not have disagreements about paternity can only give their explanations in court, but if one of them does not agree, a genetic examination will be required, which is ordered with the consent of each participant in the case. The medical report obtained as a result of the examination is evidence in the case and is attached to its materials. They are also accompanied by a copy of the court decision establishing paternity, which is necessary to assign alimony.

Action plan

Once the range of documents required to submit an application to the court has been determined, you can determine for yourself the procedure to follow to collect alimony in court.

The first priority is to prepare copies of all official documents that substantiate the real state of affairs, these include:

• plaintiff's passport;
• child's birth certificate;
• marriage or divorce certificate.

These three documents are sent to the court in copies, in a number of copies equal to the number of participants in the process.

The court is required to provide the original certificate of family composition, which is issued by the housing office at the place of residence. The detailed certificate indicates the technical characteristics of the housing, as well as a complete list of those persons who are registered in it. If the plaintiff knows the information about the defendant’s place of residence, it is necessary to obtain the same certificate from the housing office at his place of residence. The certificate will be issued only after sending a written application to the directorate of the housing office, with a mandatory indication of the need to submit it to the judicial authorities. If the plaintiff does not have information about the place of residence of the defendant, during the consideration of the case it will be necessary to file a petition to determine the place of actual residence of the defendant, who does not appear at the court hearing and cannot be notified of the ongoing consideration of the case. Having considered such a petition, the court will instruct the relevant authorities to conduct a search for the defendant.

The responsibility of the person filing an application to the court for alimony is to prepare a calculation of the amount of funds necessary for the monthly maintenance of a minor child. The calculation must be justified and supported by documents. Documents confirming expenses for a child may include checks, receipts, receipts. The Code of Civil Procedure of the Russian Federation provides for the need to provide this significant calculation to determine the amount to be recovered from the defendant. Preparation of the calculation falls on the shoulders of the plaintiff, who must treat it with full responsibility.

The justification for calculating the amounts required to support a child in the future can be based on references to the amounts of expenses that were incurred in past periods and confirmed by documents or testimony.

The plaintiff, who knows the defendant’s place of work, as well as other sources of his income, is obliged to indicate this information in the application. This information is of great importance when the defendant does not have official employment, is an individual entrepreneur, or does not have a regular income.

Collection of alimony payments for past periods will require the provision of even more data. The fact that the defendant owns movable or immovable property will be important. Having checked the data on the defendant’s property, the court will be able in its decision to both establish the amount of obligations for the past period and give specific instructions to the bailiffs to foreclose on the debtor’s property, thereby protecting the rights of the minor.

In addition to actions related to the collection of documents necessary to send to the court, one must not forget about the actual drawing up of an application for alimony or an application for a court order. In its form, the statement of claim must comply with Art. 126 Code of Civil Procedure of the Russian Federation and contain:

• full name of the court to which the application is sent;
• names of the parties;
• information about the place of residence of the parties;
• a list of circumstances with which the plaintiff substantiates his claims;
• evidence relied upon by the plaintiff;
• the amount of money that the plaintiff demands to recover from the defendant.

Applications are accepted by any magistrate's court. The choice of the court to which the application will be sent rests with the plaintiff. This is due to the fact that both the courts located at the place of residence of the plaintiff and at the place of residence of the defendant have the right to consider applications for the collection of alimony. Court offices accept applications with attachments in three copies, one of which remains in court and represents the case materials, the second is sent to the defendant, and the third is marked by the court to register the claim and sent back to the plaintiff.

The application is submitted by the plaintiff upon presentation of a passport. Court office staff will refuse to accept an application from a person who does not have identification documents.

Each application, at the time of registration, is assigned a corresponding number, knowing which, you can find out information about the stage of consideration of the case, its appointment for hearing, and the adoption of a procedural decision.

Based on the results of the consideration of the case, the court makes a decision when holding meetings in a general manner or issues a court order if the case was heard according to a simplified procedure. After the period provided by law for appealing them has expired, the procedural document can be received in person, directly in the court office. It is worth paying attention to the presence of a mark indicating that the document has entered into legal force.

With the received court order, you can immediately go to the bailiff service, who will carry out the execution of the judicial will. Upon receipt of a court decision, you will have to contact the office again to obtain a writ of execution on it, with which you can contact the bailiffs.

The state fee, as well as other fees, for filing an application for the collection of alimony is not paid.

Limitation periods

An application to the court for child support can be filed at any time, before the child reaches the age of majority. Legislation obliges the court to assign alimony not from the day the procedural decision is made, but from the day the application is submitted to the office.

For cases of this category, the statute of limitations does not apply, as stated in Art. 107 RF IC. This means that the right to go to court with a claim for the recovery of alimony does not completely depend on the period of occurrence of such a right and is limited only by the moment the child reaches adulthood.

In the event that a court decision establishes alimony payments for two or more children, the validity of such a decision will be terminated from the moment the eldest child comes of age, after which the court decision is subject to review and the amount of alimony adjusted.

A three-year statute of limitations applies to claims for alimony for previous periods.

Consideration of a claim for collection of child support

After the application has been accepted by the magistrate court, a decision is made as to whether it will be accepted for proceedings or not. This directly depends on whether the submitted document meets the requirements of the current legislation.

If the claim is drawn up in accordance with all the rules, then the court sets a date for its consideration on the merits, of which both the defendant and the plaintiff are notified in the prescribed manner. In situations where the application does not comply with the norms of procedural or substantive law, the magistrate may return it to eliminate existing shortcomings or leave it without movement.

After the claim has been accepted for proceedings, a month is given for its consideration. The application is considered at a court hearing, where the parties are invited by means of subpoenas.

Both the plaintiff and the defendant have the right to appeal a court decision with which they disagree. A month is given to file an appeal, after which the decision comes into force.

How to apply for alimony through government services

To apply for alimony through the website gosuslugi.ru you must:
1) Go to the site
2) Log in to your personal account or register on the site.
3) In order to find the required service, you need to use the search and enter a question.
4) In the list that appears, you need to find the item accepting the application
5) Fill out the application

Other ways to apply for alimony

Our website contains a large number of articles that may be useful to you, for example - ways to file a lawsuit in various family circumstances:

Grounds for return and non-acceptance of claim

The application may be returned by the court in the following cases:

• the dispute is not within the jurisdiction of the court;
• the application was submitted by a person deprived of legal capacity in accordance with the established procedure;
• the claim is not signed by the applicant;
• There is exactly the same claim pending in court.

Child support arrears arise when the payer for some time does not make monthly payments for the maintenance of a child assigned to him by the court or by a settlement agreement with the second parent. Also, penalties or other penalties provided for by the agreement concluded between the spouses are charged on the debt amount.

If the debt has accumulated quite impressive, and the payer is in no hurry to pay it, then the claimant should take serious measures - write a statement of claim to collect arrears of alimony and file it with the court. We must remember that there is , including criminal.

The work of collecting alimony and accumulated alimony debt from the payer is entirely within the competence of the bailiffs. Provided that the court has already made a decision to collect alimony payments from this citizen - a writ of execution or a court order, or there is a voluntary alimony agreement concluded between the spouses for execution. You can find out how to force bailiffs to collect a debt.

But it is not always possible with the help of the bailiff service to recover the alimony due to the child from the negligent payer. Then a more effective measure would be to go to court.

The same applies to the deadline for filing a claim. If the alimony debt arose solely through the fault of the payer, then the plaintiff will be able to apply to the court to collect it at any time, without observing the rule of the three-year limitation period. To do this, you need to have in front of you a sample claim for the collection of child support.

Where to file a claim

Claims for collection of arrears of alimony are filed with a magistrate. The plaintiff has the right to determine the territoriality on his own: he can file it in a judicial area that belongs to the plaintiff’s area of ​​residence or to the defendant’s place of residence. The plaintiff has the right to appeal to the magistrate who made the initial decision to collect alimony. This will be the most convenient, since a previously rendered court decision will play an important role.

A claim for debt for alimony payment is filed with the courts when the amount of debt, which is determined by the bailiff, clearly violates the interests of any party to the enforcement proceedings.

Who files the claim?

Both the recipient of alimony and the debtor himself have the right to file a claim for collection of alimony debt with a judge.

Claims filed by creditors are much more common. They are the ones who most often initiate the collection of funds unpaid by the debtor for the child. And if the bailiff is unable to help collect the debt, then going to court is the only possible measure.

Debtors go to court with such claims much less often. The reason for such an appeal is often a disagreement with the amount of the debt calculation made by the bailiff. The debtor goes to court to prove that the debt was not caused by his direct fault, the penalty was calculated unfairly, the amount of the debt is overstated, etc.

The debtor has the right to file a claim in court if his debt arose during a period when he was seriously and for a long time ill, or could not work for any valid reason, based on his family or financial situation.

If the judge considers the arguments presented by the debtor to be valid, and the reasons for which alimony payments were not made to be valid, he may even decide to release him from paying the debt.

What documents are needed

Any legal claim must be documented; only then can you be sure that a correctly filled out form for a claim for alimony will be accepted by the court for consideration. The requirements for the package of documents submitted to the court are provided for in Article 132 of the Civil Procedure Code of the Russian Federation.

The statement of claim itself is drawn up in 3 copies: for the court, for the plaintiff and for the defendant. It must be accompanied by:

• plaintiff's identity card,
• court order, writ of execution, on the basis of which alimony is collected,
• children's birth certificates,
• a document confirming the conclusion (or divorce) of a marriage,
• certificate from the plaintiff’s place of residence regarding family composition,
• a certificate from the defendant’s place of residence about his family composition,
• calculation of alimony debt made and certified by a bailiff,
• bailiff's orders not executed by the defendant,
• a certificate from the defendant’s place of work or from another institution indicating the amount of income he receives (if possible),
• receipt of payment of state duty,
• other documents confirming (or refuting) the existence and amount of debt.

All documents must be presented to the court in their original form with copies attached. Certificates, debt calculations and decisions of the BSC - only in the form of originals.

How to file a claim correctly

The rules for drawing up a statement of claim are enshrined in Article 131 of the Civil Procedure Code of the Russian Federation.
Any statement of claim must include the following information:

• name and address of the judicial authority where the claim is filed,
• full details of the plaintiff (last name, first name, patronymic, date of birth, residential address and contact telephone number),
• full details of the defendant (last name, first name, patronymic, date of birth, residential address and contact telephone number, place of work (if established)),
• the cost of the claim (it is equal to the amount of the debt collected),
• reference to the court document on the basis of which alimony is collected (court order, writ of execution, voluntary agreement),
• the period during which no alimony payments were made,
• reasons why alimony payments were not made (indicate that they are not recognized as valid),
• the amount of debt calculated by the bailiff (indicating the name and initials of the bailiff and the date of calculation),
• expression of agreement (disagreement) with the amount of the debt calculation made by the bailiff,
• in case of disagreement with the bailiff’s calculation, a monthly calculation made in his own hand indicating the penalty (or other penalties).

The operative part of the application indicates the requirement to collect arrears of alimony in a certain amount, lists the list of documents attached to the claim, and puts the date and signature of the plaintiff.

These are the rules for drawing up a statement of claim for payment of alimony; a sample can be seen below.

In a case based on a claim for debt collection, alimony will be awarded in a fixed amount. For this purpose, you should contact the magistrate where the defendant lives. When submitting an application, you will need to pay a state fee. The price of the claim is determined from the amount by which the amount of alimony is increased/decreased.

Decision on the claim

After a court decision is made, it must enter into legal force. Only then, having made sure that the defendant has not challenged this decision, should it be presented to the bailiff.

Based on this decision and the previously issued writ of execution, the bailiff takes measures to collect the debt. If the debtor refuses to voluntarily repay the debt, then collection can be applied to his property (movable and immovable), existing cash accounts, etc.

If you still have questions about how to correctly write a claim for collection of alimony debt, then ask them in the comments

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

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

Alimony and its types

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

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

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

What do you need to know about collecting child support?

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

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

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

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

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

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

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

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

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

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

How to write an application for child support?

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

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

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

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

The statement of claim shall include the following information:

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

Sample applications for alimony (examples)

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

Sample application for a court order to collect child support

Inspector: Ivanova Elena Mikhailovna

tel.: 8 000 00 00 000

Debtor: Ivanov Ivan Ivanovich

tel.: 8 000 00 00 001

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

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

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

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

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

Application:

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

Sample statement of claim for collection of child support

To the Leninsky District Court of Moscow

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

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

for child support

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

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

Application:

1. Copy of the statement of claim

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

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

To the Leninsky District Court of Moscow

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

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

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

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

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

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

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

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

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

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

Application:

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

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

To the Leninsky District Court of Moscow

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

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

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

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

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

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

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

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