How does child support court work?

Unfortunately, most spouses who are at the stage of divorce resolve the problems that arise through the courts. This is especially true for the issue of collecting alimony from the child’s father.

If there is no written alimony agreement between the ex-husband and wife defining the procedure for the material maintenance of children, resolving this issue with the help of the servants of Themis becomes inevitable.

In order for each of the interested parties to speak adequately during the consideration of the case, they need to know how the court hearing on alimony proceeds.

How does a child support hearing work?

As you know, a court hearing is preceded by several stages, these are:

After this, the question of how the court hearing proceeds becomes relevant. After accepting the claim, the court sets the date, time and place of the preliminary hearing. A ruling is issued regarding this, and the parties are notified of the day on which they must appear at the trial. At the appointed time, the plaintiff and defendant come to the hearing.

The entire procedure for considering a claim can be divided into several stages:

1. the court determines whether all parties appeared at the trial. If someone does not show up, it is checked whether this citizen was notified of the time of the meeting, what are the reasons for his non-appearance, and also whether he sent a request to consider the case in his absence. If it is impossible to determine these circumstances, the meeting is postponed to another day;
2. reading out the composition of the court, whether the parties have challenges. If there are none, the meeting continues;
3. announcement of the rights and obligations of the parties to the proceeding, notification of the recording of a dictaphone or video (if made);
4. reading out the statement of claim by the judge. At this stage, the government representative asks the plaintiff whether the requirements for alimony have changed, and asks the defendant whether there are any objections to the application. If the potential payer does not agree with the demands of the second party, the judge asks him to justify his position and provide evidence. Since these actions require more time, the next court date is set;
5. completion of the process if there are no objections from the defendant and the court understands the arguments of the statement of claim and evidence. This is clarified during the meeting, when the presiding officer asks questions to the parties one by one, and then examines the attached documents and other supporting materials, and hears the testimony of witnesses;
6. The debate between the parties is the final stage of interaction between the plaintiff and the defendant in the process. They take turns making a speech in which they insist on their position (the testimony is clarified, evidence is provided);
7. making a decision, for which the judge retires to the deliberation room (participants in the process, as a rule, await the verdict in the corridor).

The process ends with the court announcing the operative part of the issued act. It talks about the satisfaction or rejection of the claim, the amount of alimony (as a percentage of earnings or a fixed sum of money, the collection period).

How long does a child support trial last?

The duration of the proceedings for the collection of alimony depends on the type of proceedings and whether the final judicial act will be appealed.

If writ proceedings take place, the consideration takes about 5 working days from the date of filing the claim. Then a decision is made, which is sent to the plaintiff and defendant by mail.

Since writ proceedings are a simplified form, the parties are given an additional 10 days to appeal the decision, after which it comes into force.

If the defendant initially objects to the payment of alimony or its amount, the ex-spouse applies to the court with a statement of claim. Then the case is considered in 1-2 or more court hearings, where the arguments of the parties, testimony of witnesses are heard, evidence and documents are examined.

The court will need a little time to study the case when, from the evidence presented with the application, it clearly follows that the plaintiff is right, and the defendant does not provide significant refuting arguments.

Then the decision is made within a month. The more questions the judge has, the longer the process will take.

In addition, the defendant may deliberately delay proceedings in order to delay the start of alimony payments. It is also worth considering that after the decision is made, it comes into force within a month. If during this time one of the parties files an appeal, the total period for consideration of the case is delayed by several more months.

What happens if the defendant does not appear in court?

If the defendant fails to appear at the hearing more than two times in a row, without a valid reason, the case is considered and a decision is made in favor of the plaintiff (if the arguments set out in the application and the evidence presented are sufficient).

How to behave in court to win your case?

Without proper preparation for a court hearing, it is often difficult to win a case. Simply submitting a package of documents with a claim is not enough to convince the judge that you are right.

This also applies to the second party, who can achieve a decision in their favor if they behave correctly during the consideration of the alimony case.

Recommendations to the plaintiff

Chapter 4 of the Code of Civil Procedure of the Russian Federation is devoted to the participants in the process, their rights and obligations during the court hearing.

Experienced lawyers recommend that litigants, especially plaintiffs, follow the following advice:

• use the services of a family lawyer before the start of the trial so that he can work out the legal position and line of conduct at the meeting in advance;
• do not forget to take your passport with you, as well as the originals of all documents attached to the claim;
• start addressing the court only with the words “Dear Court”;
• stand up during a conversation with the court or other participants in the process, and only after the permission of the presiding judge (you can also sit down with his permission);
• you cannot ask the judge any legal questions, since he is not authorized to conduct consultations, or interrupt him or enter into an argument;
• You can only address the court with the question: “Dear court! I don’t understand…” if something is unclear to the plaintiff about the substance of the dispute during the court hearing;
• respect the other side of the dispute.

The main thing is not to worry while explaining and answering the judge’s questions, since cases of alimony collection are not the most complex and, as a rule, are resolved in favor of the mother.

Advice for the defendant

If a civil case has been filed against your ex-husband in court, this is not a reason to panic and ignore summonses to meetings.

To perform well at a hearing, you must follow several rules:

1. read Article 35 of the Code of Civil Procedure of the Russian Federation. This will not allow the plaintiff to take advantage of the defendant’s legal ignorance in his own interests. It is also recommended to carefully study Chapter 15 of the Code of Civil Procedure of the Russian Federation, dedicated to holding meetings. For example, Article 158 talks about how to behave at the trial, how to address the court, when to raise objections or listen to the arguments of the other side in the case;
2. do not be afraid to speak out in court if there are arguments refuting the plaintiff’s position. In any case, the judge will always correct and clarify when the defendant can speak;
3. study the case materials. It is recommended to write an application addressed to the judge in advance (a sample can be found on the government agency’s website). This document is submitted to the office or directly to the judge. After receiving his resolution, the employee issues a file that the defendant can familiarize himself with: make copies, photograph important fragments;
4. draw up a rough defense plan. You need to think for yourself what questions the court will ask and what explanations can be given on them, as well as study regulations and articles of law that will help protect the defendant’s position. It would be useful to make copies of documents that will help prove the wrongfulness of the plaintiff’s arguments;
5. issue a notarized power of attorney for a representative - a professional lawyer, who will himself participate in court hearings, prepare an objection to the claim and other related petitions. In addition, the participation of a lawyer in the case does not deprive the defendant of the right to be present at the hearings and express his opinion.

How does the alimony court proceed, how to behave and what will happen if the defendant does not appear at the hearing

Often, mandatory payments for a child are collected in court. How to win alimony court case? This is a fundamentally important question. Need to:

• have an excellent knowledge of the rules of substantive and procedural law;
• be able to draw up procedural documents;
• have the talent of a speaker;
• know what evidence needs to be presented and how to collect it.

If you want to win in court where an alimony case is being considered, then the best option is to contact a qualified lawyer who has successful experience in participating in such cases.

However, you can try to take part in the proceedings yourself. This article will help you prepare for the trial.

Procedure for considering the case

Of course, each case is individual. For example, alimony can be collected from a spouse without a divorce; the procedure can be complicated by the processes of divorce and division of property, which take place in parallel. Much depends on the income level of the payer and the financial condition of the child. It is impossible to cover all these cases within one article.

But it is possible to identify and name the key points that are characteristic of the judicial procedure for assigning alimony.

Depending on which application the child’s representative submits, one of the following documents may be issued:

• court order;
• the court's decision.

Accordingly, the adoption of a judicial act will be preceded by one of the procedures for considering the case:

Each of these orders has its own advantages and disadvantages.

Order proceedings

The main condition, only by observing which it is possible to apply for an order, is the absence of a dispute about the right. That is, the statement should only be about the collection of alimony. Issues of dividing property, determining the place of residence of children, etc. should not be raised.

A very pressing question: if there is a court case regarding alimony, then how to behave? But it is relevant only if a claim is being considered.

The judge makes the decision to issue a court order without summoning the parties. They are not required to appear. Yes, and unacceptable.

A representative of the judiciary examines the submitted documents and makes a decision on the collection of alimony. The order itself will be an executive document.

There are a number of advantages of this procedure for considering a child support case:

1. The judicial act is adopted extremely quickly. The law says that the judge has only 5 days to retire to the deliberation room and prepare the court order.
2. The applicant does not need to be present at the courthouse. This saves time. There is no need to prepare a speech or speak in court.

An application for the collection of alimony is not subject to state duty.

The described procedure also has one drawback: the debtor has the opportunity to cancel the court order, simply citing the fact that he wants to participate in the court on alimony, which is taking place as part of the claim proceedings.

Claim proceedings

The case of collection of alimony based on a claim is considered in accordance with the Code of Civil Procedure of the Russian Federation. Proceedings are initiated by filing an application.

For the court to accept a claim, it is necessary:

1. Prepare an application, ensuring that all legal requirements for its form and content are met.
2. Attach the necessary evidence to the claim. In particular: the child’s birth certificate, a certificate from his place of residence, a certificate of marriage or divorce of the parents, certificates indicating the size and sources of income of the parties, what property they possess.
3. Make copies of the listed documents for all persons who will have to take part in the case of collecting alimony. If, for example, copies are not made for the defendant, then this is grounds to leave the claim without progress, giving the plaintiff time to eliminate the shortcomings. The court sends out all copies made on its own.
4. File a lawsuit. You can do this in several ways to choose from. First, you can come to the courthouse in person and file a claim for alimony at the reception window. On the second copy, the court employee must put his signature indicating his position, the date of receipt of the documents. Is it possible to send an application by mail? Yes, sure. But it is obligatory - with a notification and an inventory of the attachment. It is acceptable to submit an application to a judicial authority through a representative, who must come with a power of attorney executed by a notary.

If the procedure for filing an application is followed and everything is done legally, then the case is accepted for proceedings. At this stage, the judicial review of the alimony dispute begins.

Judicial procedure

The judge, having examined the statement of claim, making sure that it complies with the requirements of the law, prepares a ruling in which he indicates the following information:

• on the initiation of a civil case;
• on the date and place of preparation for trial;
• about the circumstances that the parties must prove.

Most of the court ruling is information about the procedural rights of the plaintiff, defendant and third parties, if any in the case.

"Conversation"

The parties are called to prepare the case for trial or, as it is informally called, for a “conversation.” At this stage, no minutes of the court hearing are kept. The judge actually talks with the parties, finding out their positions and asking clarifying questions. In addition, when preparing a case for trial, you can:

• submit petitions;
• present evidence and objections.

If you don’t show up for training, nothing bad will happen. A court hearing will be scheduled in any case.

Court session

At the court hearing, the case is already considered in strict accordance with the requirements of the Code of Civil Procedure of the Russian Federation. Any violation of the review procedure is grounds for appealing the decision.

How is the trial going? Roughly in this order:

1. The judge checks the appearance of the parties. What happens if the defendant does not appear in court? The court finds out whether he was notified and why he did not come. For the first time, the consideration of the case is postponed. If the defendant does not appear a second time, then the court can make a decision without him. It is better for the plaintiff to always come to court. If he fails to appear in the courtroom 2 times without good reason, then the court does not consider the claim and returns it to the applicant. If it is not possible to appear at the court at the appointed time, you must notify the secretary of the meeting about this, at a minimum.
2. The rights of all persons participating in the case are taken into account. Notified if video is being filmed or audio is being recorded.
3. Next, the parties give their explanations on the merits of the dispute. Each side, after it has explained its position, can be asked questions. Here it is very important to understand the features of the proof process and be able to formulate the right questions. This is a whole science, which is taught in good universities at the Faculty of Law. By asking the right questions at the hearing, an attorney can ensure the success of the case. For example, a potential payer of funds present at a court hearing is clearly hiding his income, but there is no evidence of this. An experienced lawyer can ask a series of interconnected questions in such a way that the court will be able to determine that the defendant is lying, pretending to be a financially insolvent person.
4. The next stage is researching the evidence. The research procedure is proposed by the parties, and the court approves it. Usually, various documents are first studied, then witnesses are called, videos are watched, etc.
5. Next, the parties speak in debate. That is, they continue to justify their position based on what happened during the court hearing. The speech should not be too long, but well-reasoned.

After this, the judge goes to the deliberation room and makes a decision, which, after the process has passed, is issued to the parties. In particular, this is necessary to appeal the process and the decision made as a result. If there are no complaints, then you need to obtain a writ of execution, on the basis of which funds will be collected for the children.

How to behave in court? If you want to be present and participate in the process, then it is advisable that a lawyer be present with you, who, among other things, will suggest the correct course of conduct in the courtroom, depending on the specific situation.

How does a child support hearing work?

Depending on the circumstances of the assignment of child support, the application is submitted to the magistrates or district court of general jurisdiction. The magistrate has jurisdiction over all disputes where the amount of the claim does not exceed 50 thousand rubles. If the cost of the statement of claim exceeds 50,000, as well as when several types of disputes are simultaneously resolved (for example, divorce, division of property, establishing custody of children, alimony for both mother and children), then the statement of claim is transferred to the district federal court.

The resolution of the issue in the magistrate's court is carried out in the process of writ proceedings. Order:

1. The emergence of grounds for receiving alimony. Only natural and adopted children living separately from the child support provider can apply for assistance. The maximum period for receiving assistance is 18 years, which can be extended if the child has a disability group.
2. Preparing an application for a court order, which can be done independently or through a lawyer. Filling out an application with a lawyer in 2023 will cost approximately 6,000 rubles.

Collection of necessary documents, including:

• plaintiff's passport,
• birth certificate of each child for whom child support is awarded,
• municipality certificate,
• confirming the residence of children,
• certificate of registration/divorce.

Submitting an application to the magistrate's court located at the defendant's residential address. The application can be submitted by the children's legal representative, guardian, trustee, representative of the guardianship authorities or prosecutor.

In accordance with Article 126 of the Civil Procedure Code of Russia, the magistrate considers the appeal within five days from the date of receipt. The consideration takes place without the participation of the parties.

Based on the results, a court order is prepared, the originals of which are sent to the plaintiff, defendant, and the FSSP.

Attention! Within 10 days from the date of receipt of the court order, participants have the opportunity to challenge the document. If this does not happen, the decision is considered to have entered into legal force, and therefore the separated parent must begin transferring maintenance to the children.

Procedure for court hearing on alimony:

• gathering of all participants, after which the judge confirms that everyone is present (in the absence of a specific participant, information about the reason for the absence is specified, as well as a preliminary warning to the court);
• the judge asks if there is a motion to disqualify the judge;
• announcement of the claim to those present, as well as the rights and obligations of the parties to the dispute;
• presentation by each party;
• judicial debates;
• ending each meeting by removing the judge to the conference room;
• re-gathering of participants to announce the results of consideration of the appeal.

If an objection to the court order is prepared, the parties proceed to resolve the conflict in a district court of general jurisdiction on the basis of adversarial proceedings.

Procedure for objecting to a court order:

• drawing up a statement of claim by the interested parent;
• collection of necessary documents;
• sending a petition to the court (in person, by mail, through a representative acting on the basis of a notarized power of attorney);
• appointment of a chief judge (within a maximum of three days from the date of receipt of the claim);
• appointment of the first meeting (within a month from the date of receipt of the claim);
• resolution of the dispute on the merits (the number of meetings depends on the severity of the dispute between the participants);
• delivery of the final decision;
• waiting a month during which the verdict comes into legal force.

The Civil Procedure Code states that the period for consideration of a claim by a magistrate judge should not exceed three months, and by a district judge - four months. But these terms are conditional, since they can be suspended and extended, depending on the individual circumstances of the dispute.

How does alimony court work in general and by order?

It is not always possible for former spouses or relatives to peacefully agree on the payment of financial assistance, especially when a dispute over alimony occurs simultaneously with divorce and other processes. Today we will talk about how the alimony court proceeds, what evidence and documents need to be collected. And most importantly, we’ll tell you how to behave in court regarding alimony.

The collection of alimony in court is regulated by the Family and Civil Procedure Code.

Child support court: main features

To begin a child support lawsuit, the plaintiff—usually the child's mother—files a lawsuit to collect child support from her ex-husband. It is this claim that will determine how the alimony trial will proceed:

The child support court, to assign and calculate the monthly amount of payments sufficient for the maintenance and livelihood of the child:

1. In general order;
2. By order.

Court for divorce and alimony - in this case, the process will be divided into several parts, depending on the circumstances of the case and the evidence collected.

If both parties agree to pay alimony, and no additional questions arise, but for some reason refuse to sign an agreement to pay alimony, then you can apply for a court order to the magistrate’s court.

Depending on the circumstances of the dispute, the conflict may be heard in a magistrates' or district court. The maximum period for consideration of a dispute in a magistrate court is three months, in a district court – four months. Along with resolving the dispute over the assignment of alimony, the interested parent (guardian of the child) can determine the child’s place of residence, change the surname, or establish a communication schedule between the children and the separated parent.

Child support order

A detailed article about the court order for alimony will be published on the website soon.

It is advisable to sue the alimony court for an order to pay alimony in the case where the ex-husband has no objections to payments for the child, and no additional questions can arise. As soon as the court considers the process, it will issue a court order, on the basis of which a writ of execution will be issued and transferred to the payer’s place of employment.

The main advantages of collecting alimony:

• Speed ​​of case resolution (from 3 days to a couple of weeks);
• Consideration of the case in absentia, without calling the parties;
• No need for lengthy preparation of documents;
• The reduced state fee for considering a case is 50 rubles.

The grounds for considering a case on issuing a court order are:

1. No additional issues complicating the trial process:
   1. Establishment of paternity;
   2. Challenging paternity;
   3. No questions about hidden earnings;
   4. Objections to the amount of alimony, its payment, etc. from the defendant.
2. There is no need to prove the existence of grounds for collecting alimony;
3. Absence of other property disputes between the parties.

A court order for child support is the fastest and easiest way to assign payments to a minor child.

The period for consideration of an application for a court order is 5 working days from the date of application by the child’s mother. Often, a decision is made the very next day, and both parties to the case will be notified immediately.

The issue will be considered in absentia, without the presence of the child’s parents.

After receiving notification of the assignment of alimony, the defendant may appeal the court's default decision within 10 days from the date of the order. As soon as the defendant files a complaint, the court order will be automatically canceled and the case will be referred to the general procedure.

Child support court in general

The main difference between a child support court in general and an order court is that the collection of payments for a child is not undisputed. Namely, during a court hearing it may be necessary to prove:

1. Establishing paternity;
2. Proof of the applicant’s need for material resources in cases where alimony is awarded:
   1. For a disabled wife;
   2. For a disabled husband;
   3. For elderly parents, etc.
3. Availability of grounds for collecting alimony.

In addition, you can initiate alimony court in the general manner when appealing a default decision to recover funds for a child received earlier.

To consider the case, you will need to have your parents present and submit the following documents:

1. Passports of the parties;
2. Child's birth certificate;
3. Marriage certificate;
4. Certificate of divorce;
5. An extract from the house register indicating that the child lives with the applicant at his full support;
6. Proof of the defendant’s lack of participation in the child’s upbringing and provision;
7. Receipt for payment of state duty - 100 rubles. (the amount may change, check with the court office at the place of application).

The defendant, in turn, receives the right to challenge the plaintiff’s arguments. You can refute illegal claims for alimony with the help of:

Receipts of receipt of alimony for a certain period;

A drafted and notarized agreement on the payment of alimony;

Payment documents (checks, receipts) confirming the ongoing provision of the child’s needs:

• Receipts for baby food products;
• Receipts for payment of schools, sections, clubs and other additional educational institutions;
• Receipts for the purchase of toys, stationery, clothing, medicines;
• Medical checks, receipts;
• Receipts for payment of other necessary payments.

In some cases, fathers, confident that the money will be used for unnecessary expenses, may request a report on the expenditure of child support. And sometimes men go all-in and file a lawsuit to obtain full guardianship and further move the child to the father.

Read about how to change the recipient of alimony here.

To find out how to file a claim for alimony, follow the link.

 Preparing for child support court

In order for the alimony court to be successful, you need to prepare in advance and pay attention to the following nuances:

Preparing the necessary documents may take several weeks;

Decide which court to file for alimony:

1. Court address;
2. Full name of the judge;
3. Contacts of the court office.

Find out the hours for receipt of statements of claim and other documents by the court office;

Prepare two copies of the application, passport and evidence in advance.

In addition, we recommend that you seek an initial consultation with the lawyers of our website to correctly draw up an application for the collection of alimony.

Child support court: what to pay attention to

Approximately ten calendar days after filing the application, the plaintiff and defendant will receive written notice of the need to appear in court. The letter will indicate:

1. Date of trial;
2. The time at which you need to appear;
3. Name and address of the court;
4. Full name of the judge.

In order for the case to be resolved in your favor, you must appear in court exactly at the appointed time. In addition, pay attention to the advice of lawyers:

• Always keep your passport with you to avoid problems when entering the courthouse;
• Please check in advance that you have taken with you the originals of all documents stated in the claim;
• In the meeting room, behave calmly and naturally; as a rule, all such matters are resolved in favor of the child.

To find out how to file a claim for alimony, follow the link.

 How to behave in the courtroom?

The ability to behave and knowledge of all the rules of conducting a trial have a significant influence on the court’s decision-making.

Basic rules of conduct in court:

• Don't be late! Never. Under no circumstances.
• Any remarks must be said while standing, and you can sit down only with permission. If the judge allows you to give an answer while sitting, he will tell you about it himself.
• Do not allow the use of the replicated cliché - “Your Honor!”; the alimony court allows the use of the phrase “Dear Court!”
• The right to ask questions belongs to the judge, not to the parties to the case. If you really don’t understand something, then contact the judge: “Dear court! I do not understand…".
• Observe the rules of etiquette and politeness;
• Never interrupt other participants and, especially, do not shout down at them. This irritates the judge terribly, especially if you interrupt him directly.

Often, if the plaintiff behaves incorrectly or defiantly, she can only achieve “meager” alimony. It’s the same with the plaintiff, he may receive inflated alimony obligations and other complicating payment conditions.

Court procedure for alimony

The procedure for alimony court is no different from other types of court hearings. Here, too, the parties speak in turn, and the beginning and end of the meeting follow a long-established pattern.

Let's look at the main stages of the court hearing on alimony:

Announcement of participants in the process:

1. Plaintiff, defendant;
2. Judge;
3. Secretary, etc.
4. Obtaining the consent of the parties to hold a meeting in this composition;
5. Clarification of the rights of participants in the process;
6. Familiarization with the plaintiff’s requirements and the grounds for collecting alimony;
7. Next, the court asks whether the defendant agrees with the claim. If yes, then the alimony court is coming to an end;

If not, then next:

1. Explanation by the plaintiff of the circumstances of the case;
2. Time for the parties to answer questions from the court.

Examination of the evidence presented;

Litigation;

Making a decision by the court.

To make a decision, the judge goes to a special deliberation room. As soon as the circumstances of the case are reviewed and child support is calculated, the judge will announce his decision. The full court decision will be ready within 5 days, but alimony can be collected from the moment the court announces its decision.

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.

How does alimony court proceed: what to say, what questions are asked

Each parent is obliged to support their minor children. In the event of a family breakdown, the parent left without them must provide financial support to their children.

In some cases, alimony payments are also assigned for the maintenance of the mother. If the father refuses to fulfill his alimony obligations, the mother can appeal to the court.

If the child support case is won, the defendant will be required to transfer money for the maintenance of the children and mother.

Where to file a claim

In accordance with the law, a claim is filed at the place of residence of the responding party. But in some cases it is possible to appeal to the court at the applicant’s place of residence:

• if the plaintiff has young children or elderly parents requiring continuous supervision;
• if it is not financially possible to pay for travel to the defendant’s place of residence;
• deterioration of health;
• the potential alimony payer lives in another country or is declared missing.

The mother can independently write a claim and represent the interests of minors in court. You can also seek help from a lawyer. If he takes part in legal proceedings, then a notarized power of attorney will be required.

Cases regarding the assignment of alimony payments are considered by district or magistrate courts. You must contact the Magistrates Court if:

• the parties have no disputes about the place of residence of the children and paternity;
• if there is a property dispute, its price does not exceed 50 thousand rubles.

Otherwise, the plaintiff will need to appeal to the district (city) court.

Methods for collecting alimony payments

The legislation defines 2 main methods of judicial collection of alimony. But at the same time, each case of assigning alimony in favor of minors or for a wife is considered taking into account individual characteristics.

For example, it matters to the court whether the parties are in an officially registered relationship or whether the claim for alimony payments is considered simultaneously with the dissolution of the marital relationship. Also, the course of legal proceedings depends on whether paternity is disputed.

Order procedure for assigning alimony payments

A court order to withhold money in favor of minors is possible subject to the following conditions:

• if there are no disputes about paternity;
• no child support is required for the mother of the child;
• the father does not refuse to fulfill parental obligations to support the children;
• there are no property or other disputes.

Download a sample application for a court order to collect alimony

Amount of alimony

Alimony payments in the order of writ proceedings are assigned in shares of earnings:

1. one minor – 25% of wages;
2. for the second child - 33% of earnings;
3. three or more children – 50% of income.

After submitting the application, the court order is issued within 5 days. The court independently reviews the accepted application and the documentation attached to it. Stakeholders are not called.

Cancellation of a court order

In most cases, the applicant receives the necessary document the next day after applying. If within a 10-day period the alimony payer does not send a petition to the court to revoke the order, then the document acquires legal force.

The order must be submitted to the FSSP to open enforcement proceedings against the debtor and begin the procedure for withholding money for the child. That is, issuing an order will not require the parties to prepare for court proceedings. The court independently examines the submitted documentation and makes a decision.

If the official documents are presented in full, the application will be granted. If some documents are missing, the court will reject the applicant's request.

Download a sample application for cancellation of a court order for the collection of alimony

If the potential alimony payer sends an objection to the court, the order to assign alimony payments will be revoked. The applicant will be advised to submit a claim to the court for the assignment of alimony support.

Claim method for collecting alimony

To assign alimony payments, you will have to go to court with a claim if the following situations arise:

• the alimony payer sent an application to the court to revoke the previously issued court order;
• alimony payments for children and the second parent must be collected in a fixed amount;
• in one legal proceeding, a case of divorce and the assignment of alimony payments is considered;
• if there are controversial issues about children (their place of residence, frequency of meetings, etc. is not determined);
• at the same time it is necessary to establish paternity and collect alimony payments;
• legal proceedings regarding the assignment of alimony payments take place with a third party.

There are certain stages of claim proceedings:

1. Writing a claim in accordance with the provisions of the Code of Civil Procedure of the Russian Federation.
2. Preparation of documentation supporting the claim. The number of copies must correspond to the number of participants in the proceedings.
3. Transfer of the claim and attached documentation to the court office. The applicant can personally go to court or send another person with a notarized power of attorney and a civil passport. Also, a package of papers can be sent to the court by mail with notification of receipt and inventory.
4. If the documents are completed correctly, then a civil case is opened to assign alimony payments. Next, the date of the first hearing in the case is determined.
5. At the next stage, the court begins to prepare for the hearing of the case. Each participant is sent the necessary documentation.
6. Trial. Within 10 days from the date of receipt of the claim, the court notifies the participants of the appointment of the date and time of the first court hearing in the case of alimony payments.

Preparing for trial

When preparing for the process, it is better to calm your nerves and think about your course of action. The documentation package should be prepared and collected in advance. Participants need to obtain in advance certificates of wages, income, and certificates of real estate.

In the absence of certificates on the amount of earnings from the defendant, to determine the amount of alimony payments, the average salary in the region of residence will be taken into account.

To reduce alimony payments, the defendant must prepare documentation confirming the presence of other dependents (children from another marriage, elderly parents in need of care).

If you do not have confidence in your own abilities, then it is recommended to resort to the services of lawyers. They will be able to correctly state the participant’s position and ask their opponent legally competent questions. The outcome of legal proceedings often depends on the ability to correctly state your position and formulate questions correctly.

Legal process

The course of the trial must comply with the norms of the Code of Civil Procedure of the Russian Federation. If the established procedure is not followed, any of the participants can appeal the court decision.

What issues are considered at the court hearing?

The legal procedure includes the following stages:

1. The judge must ensure that all parties to the trial appear at the hearing. If one of the participants is absent, for example, the defendant, then it is necessary to find out whether he received notification of the date of the meeting. The court also needs to determine whether one of the participants received a notification about the upcoming absence, indicating the reasons and a request to consider the case without his presence. If such information is not available, the date of the hearing is postponed. If you fail to appear again, the court may make a decision without the participation of the defendant. If the plaintiff does not appear for court proceedings more than 2 times, then consideration of the claim is terminated.
2. The composition of the court is confirmed. The judge must ask the participants if they would like to challenge the session secretary or judge. Initially, the question is asked to the plaintiff. The defendant then responds.
3. The judge reads out their rights to the participants in the process in accordance with the norms of the Code of Civil Procedure of the Russian Federation. Next, participants must answer the judge’s question about whether they understand their rights.
4. Participants in the proceedings are notified that a video or audio recording of the trial is being made.
5. At the next stage, the judge announces the applicant’s claim. Next, he will need to confirm his claim. At the next stage, the defendant must answer the question of whether he admits the claim. If the defendant agrees with the claims, the proceedings are completed. Otherwise, the court continues to consider the case.
6. Next, participants must provide explanations on controversial issues. The applicant should state the essence of the claims and answer additional questions from the court. The defendant will then be asked to ask questions of the plaintiff. You must answer while standing. At the next stage, the defendant must answer questions from the court and the applicant. Questions should be prepared and thought through in advance. Often the outcome of a case depends on a well-posed request.
7. Consideration of the presented evidence base. After studying the submitted documentation and listening to the participants in the process, the judge begins viewing video and audio recordings and other materials.
8. The debate of the main participants consists of taking turns expressing their position regarding the claim. The parties may declare circumstances of paramount importance. Previously unknown facts should also be disclosed to the court.
9. After the conclusion of the debate, the judge leaves the courtroom to make a decision. Participants in the process are also required to leave the room.
10. Announcement of the court decision. After the completion of the court proceedings, the judge reads out the court's decision to satisfy or reject the claim. If the claim for withholding alimony is satisfied, the court decision is subject to immediate execution. Within 1 month, the defendant can challenge the court decision in a higher court.

Advice from lawyers on behavior in court

What to say in court? To ensure the speedy completion of legal proceedings, participants in the process must follow certain recommendations:

• If you have the financial opportunity, it is better to use legal services for managing alimony cases. A lawyer will help you competently build a position and model of behavior in court.
• The judge will require original documents, so you must have a civil passport and other original documents attached to the claim.
• When addressing a judge, you should use the phrase “Dear Court.” Other phrases are inappropriate.
• During court proceedings, it is recommended to speak while standing and after the judge has given the floor. Returning to a sitting position is also possible with the permission of the court.
• Litigants should not seek legal advice from a judge. If a misunderstanding has arisen regarding the case under consideration, then you can ask the question: “Dear court, I don’t understand...”. You cannot interrupt the judge or enter into an argument with him. If this requirement is not met, the participant in the process will be fined.
• Each side is obliged to respect the opponent. Participants must listen to each other and give explanations after permission from the judge.

Let's sum it up

Thus, if there is no opportunity to reach an agreement with a potential alimony payer, then you should prepare for a long process of litigation. To go to court, the applicant will need to correctly write a claim and support it with evidence that will allow the court to make a positive decision.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

About child support courts: how it goes, terms of consideration, appointment for a child

In recent years, there have been some changes in Russian legislation related to alimony. These amendments tighten the liability of those who refuse or evade monetary payments in favor of the child. The amendments protect children who have to go through divorce proceedings and the departure of one of their parents.

Grounds for going to court

Agreement is a simple and peaceful way to solve problems. Both parents voluntarily establish the amount of cash payments, the method of transfer and the timing. This paper is certified by a notary. However, according to this agreement, the amount of payments should not be lower than the amount established by law.

Writing a statement and submitting it to legal proceedings is a common way to recover payment. You can go to court if you cannot reach an agreement on the payment of money.

A penalty or penalty for failure to pay alimony is a sum of money that will be accrued for each day of delay in making the established alimony payments.

A penalty for non-payment of alimony entails a monetary debt, which is calculated as a percentage. The penalty for late payment of alimony will increase with each day of delay.

According to Article 115 of the Family Code of the Russian Federation, the amount of the fine is based on the amount of debt for each day of delay. The interest on late alimony payments is 0.5%.

Note! You can submit an application from the moment you receive the right to alimony, so the interested party should not delay in applying.

Which court should I go to?

Complaint about the inaction of bailiffs - a sample for alimony

All applications and claims related to monetary payments for the child are considered and decided in the World Court, not the Supreme Court. The district court considers such cases only in the context of deprivation or restriction of parental rights.

It is necessary to contact the Magistrates' Court, which relates to the area of ​​residence, that is, the place of permanent registration of the defendant. Thus, the applicant, usually the mother of the child, needs to establish the new place of residence of the ex-spouse, find out the court location and submit an application.

Most often, the alimony payer breaks down and constantly changes his place of work and residence. Therefore, it is for such disputes that procedural legislation allows filing an application for alimony at the plaintiff’s place of residence.

The application can be submitted at the plaintiff’s residential address

Filing a claim

Required documents:

• child's birth certificate;
• marriage certificate (if available);
• divorce certificate (if available);
• passport;
• photocopy of the defendant’s passport (if available);
• a certificate stating the defendant’s income;
• statement of claim;
• a receipt indicating the fact of payment of the state duty;
• extract from the house register.

Statement of claim for collection of arrears of alimony

Applicant's actions:

1. Prepare relevant documents.
2. Draw up a claim in which you need to indicate the child’s data, details of the collected documents and indicate the amount that the applicant demands from the defendant.
3. Make copies of all papers.

Note! The lawsuit is drawn up in two copies.

Time limits for considering an application for alimony

The legislation of the Russian Federation establishes that the accrual of funds begins from the moment an application for their payment is submitted to the court. How long an application for alimony is considered depends on the order in which the case will be considered - by order or by claim.

The order has a review period of up to five days. The claim must be considered within two months. In some cases, a shorter period is established - one month.

Judicial procedure for collecting alimony

There are two procedures for going to court.

The writ procedure involves applying for a court order to be issued. A fairly simple and quick way to achieve monetary payments according to the law. Upon completion of consideration of the application, the plaintiff receives a writ of execution.

But this type of solution to the problem can be used if the place of work and residence of the alimony recipient is known exactly, if the involvement of third parties is not required, if there is no dispute about payments between the recipient and the payer.

It is necessary to take into account that if the defendant protests the court order, it will be canceled. Then the applicant must file a claim.

Claim procedure. In this case, the judge considers the application, listens to witnesses, examines the evidence, and then makes a decision. Alimony is assigned in court.

How is alimony determined and how does the trial proceed?

1. The attendance of both parties is checked.
2. Announcement of the composition of the proceedings. The parties are asked about their desire to challenge.
3. The rights of the parties and other participants in the process are announced. The rights provided by law are explained.
4. Video and audio recordings are reported.
5. The statement of claim is read out.
6. The judge gives the floor to the plaintiff, then to the defendant. During the trial, the court may ask questions.
7. Review by the court of the evidence presented.
8. The parties' arguments are heard.
9. The judge makes a decision.
10. Making a court decision - setting the amount of debt.

Note! You can challenge a court decision within 30 days after its announcement.

Rules of behavior in the courtroom

It is advisable that the applicant have a lawyer or an experienced lawyer at the court hearing. Address the court - “Dear Court.” You can speak in the courtroom only while standing and after the judge gives the floor.

There is no need to turn to the court for clarification, advice or complaints. You cannot interrupt the judge or argue with him. Treat the other party with respect and, of course, without using rude language.

How long does a child support trial last?

The duration of the court hearing depends on the complexity of the case, the parties’ ability to communicate with each other, and whether the parties have any objections to the bailiff, the court, or the spouse. In general, such proceedings do not last long - about one hour.

What happens if the defendant fails to appear in court for child support?

If the defendant does not appear at the court hearing, the court finds out the reasons. Has the defendant been notified of the hearing and notified of the reasons for which he will be absent? If this information is unknown, the court will reschedule the hearing. If the party fails to appear again, the court may make a decision without his presence.

If one of the parties is unable to appear in court for a hearing, then it is necessary to notify this in advance.

Child support court is a difficult time for ex-spouses and their children

The collection of alimony is not just a whim of one of the spouses, but also assistance in supporting the child.

If the ex-husband or wife does not provide financial support to the children or does not fulfill the agreement, then the one with whom the child remains has the right to go to court.

In addition to parents, guardians, prosecutors, and guardianship authorities can apply to the court with such an application. The penalty will be applied to the parent who does not live with the child.

How does the alimony court proceed: what to say at the court hearing?

Both parents have obligations to raise and provide financial support to their children. After a divorce, the child remains with one of the parents, and the other pays alimony.

A dispute over alimony payments often becomes a problem that requires lengthy legal proceedings.

Fathers, and most often they become payers, do not agree with the accrued amounts or evade payments - this becomes a reason for the case to be considered in court.

Procedure for considering the case

Depending on whether the former spouses manage to agree on alimony payments, or whether there are disputes over the amount or place of residence of the child, court proceedings are carried out differently. The divorce of a family in which there are children always occurs through the court, especially if a case of alimony collection is being investigated.

Order order

The best option for both the children and the couple is to calmly agree on the future performance of parental responsibilities. The order for calculating alimony is applied if the parents have no claims against each other. They separated and then decided to determine the order of alimony payments. A court order is issued within five days according to a simplified procedure.

Claim procedure

The situation is different if the issue of alimony is resolved jointly with:

• determining the place of residence of children;
• division of property;
• establishing paternity;
• resolving the conflict over the amount of payments.

If the paying parent received a collection order, he or she may disagree with it and file an appeal. Often disagreement is expressed in avoidance of financial assistance.

The injured party, who is entitled to money, sends a statement of claim to the court. The court begins consideration of the case and makes a decision on the forced collection of alimony through the bailiff service. This is a claim procedure.

How to prepare for the meeting?

Along with the application, the plaintiff sends the following list of papers to the court office:

• national passport;
• document confirming the birth of a child;
• papers confirming marriage and divorce;
• court order if proceedings have already taken place.

Depending on what demands are presented to the defendant, he needs to prepare objections to them. He becomes familiar with the requirements in advance, because the plaintiff sends him a copy of the statement of claim.

If the defendant wants to reduce the amount of alimony, he must provide compelling reasons. Reasons for changing the amount:

• presence of a minor child in another family;
• the need to provide for disabled dependents;
• disability or serious illness;
• reduction in wages.

How is the court hearing going?

The child support trial goes like this:

1. When the claim is transferred to the court office, a hearing date is set. The defendant is notified of the requirements and time of the hearing.
2. Both parties come to the meeting. If someone does not show up for a good reason, another day is appointed. If the defendant fails to appear twice without explaining the reasons, the court makes a decision without him.
3. Debate. The plaintiff explains why the claim should be granted. And the defendant provides evidence why he does not agree with its terms.
4. The court makes a decision. Depending on the evidence presented, the court either satisfies the plaintiff’s demands or rejects them. After this, all participants in the case are issued a resolution, which will come into force in 5 days.

How should you behave in court?

There is a list of rules of conduct in court:

• be on time for the meeting;
• speak to the judge using the phrase “Dear Court”;
• do not argue with the court - a fine is imposed for this;
• stand up when communicating with the judge.

If a plaintiff or defendant wants to guarantee their victory in court, they should seek the help of a lawyer. A qualified lawyer will help prepare a package of documentation and draw up a statement of claim, and will also represent the case in court.