A legal marriage does not always guarantee that both parents are involved in their child's life. At the same time, the majority of Russians believe that alimony can only be collected from a spouse after a divorce. However, this is not true.
Russian legislation allows you to receive payments in favor of a minor child even if the dissolution of the marriage is not formalized.
Therefore, child support in marriage is not the most common phenomenon, but it is quite legal.
Grounds for collecting alimony in marriage
Article 80 of the Family Code of the Russian Federation states that each parent is obliged to financially provide for their children until they reach adulthood (18 years of age).
If one of the spouses evades the financial support of their children, the other parent may demand a monetary penalty. In this case, official divorce will not be a prerequisite.
The joint or separate residence of parents also does not affect the responsibilities to the child of each of them.
Is it possible to apply for alimony without a divorce?
You can apply for alimony without dissolving your marriage if certain conditions are met:
- the marriage between the spouses was officially concluded in the registry office;
- the spouses have common minor children;
- the spouse to whom the financial funds are to be transferred must be employed or have permanent sources of income.
In addition to minor children, the following have the right to alimony:
- disabled children at any age;
- a disabled spouse in need of financial support;
- a wife expecting a child or on maternity leave to care for a child under three years of age;
- a spouse caring for a disabled child (group I disability since childhood) and unable to provide for himself/herself.
Options for receiving funds
There are two ways to arrange alimony during marriage:
The first option can save both parties a lot of time and stress. However, in practice, it is not always possible for spouses to come to an agreement on the payment of alimony, so judicial practice in this matter is the most common.
Agreement on payment of alimony
If spouses resolve the issue of alimony amicably without going to court, then they need to enter into a voluntary agreement.
To do this, you will need to seek help from a notary, who will help you draw up the document and officially certify its authenticity.
First, spouses must independently decide on the procedure, conditions, method of transfer and amount of alimony payments.
When contacting a notary to draw up an agreement, you will need to have the following documents with you:
- Russian passports of both spouses;
- documents confirming the child’s relationship with each parent;
- marriage certificate.
After the agreement is officially signed and certified by a notary, the document acquires legal force, equating to a writ of execution. According to this document, the spouse receiving alimony has the right to demand payment by presenting an agreement at the payer’s place of work, or through the bailiff service.
Going to court
Until now, judicial collection of payments in favor of a minor child is the most common practice, since very often one of the parents evades the financial support of their son or daughter.
If the divorce between spouses is not formalized, many parents are not aware that in this case the law may also oblige them to make monthly payments to their children.
In this case, going to court and receiving writs of execution can discipline the spouse and force him to be more responsible in his parental responsibilities.
Also, a court decision may be needed if controversial issues arise between spouses (for example, about the amount of payments) or when a parent refuses to comply with the terms of a voluntary agreement on alimony concluded earlier.
Required documents
When going to court to collect alimony without a divorce, the plaintiff will need to provide a package of documents:
- passport of a citizen of the Russian Federation, identifying the applicant (original and copy);
- marriage certificate;
- the child’s birth certificate (if the minor is already 14 years old, his civil passport will also be required);
- a certificate of family composition at the child’s place of residence, which can be obtained from the housing and communal services organization;
- certificate of income in form 2-NDFL from the plaintiff and the defendant.
If for any reason the plaintiff cannot provide all the required documents (for example, it can be quite problematic to obtain a certificate of the defendant’s income), then the judge will need to be notified about this before the start of the trial.
Application rules
Together with all the listed documents, an application is submitted to collect child support from the legal spouse. It is written by the plaintiff in free form on an A4 sheet. The text of the application must include the following points:
- full name and address of the court;
- Full name, address of the plaintiff and defendant (you must also indicate the place of work of the spouse against whom the claim is being filed);
- claims of the party filing the lawsuit;
- justification of the stated requirements;
- evidence of the legality of the claims against the defendant and a list of documents supporting the plaintiff’s claims;
- the amount and procedure for paying the required monetary penalty.
The application must be drawn up in two copies, one of which will be attached to the case, and the second will be sent to the defendant for review.
Procedure for considering the case
Magistrate judges deal with cases of alimony without divorce. The court decision to impose a financial penalty is made in a simplified manner without trial. This means that conflicting parties will not be invited to court.
A court order for alimony must be issued within five days from the date of filing the application and providing the full package of documents.
The court decision will indicate the amount of the assigned payments, as well as the procedure and timing for their transfer. The court's decision will be sent to both parties. In this case, the defendant has the right to challenge the court order within 10 days.
Only after the expiration of this period, if no objections are received from the debtor, does the court decision acquire legal force.
After this, the document can be sent for execution to the payer’s place of work or to the Federal Bailiff Service.
Payment of state duty
The legal process for the collection of alimony involves the payment of state fees. According to Article 333.19 of the Tax Code of the Russian Federation, the payment amount is currently 150 rubles. At the same time, the number of children in respect of whom payments will be made does not affect the amount of the state duty.
The spouse applying for alimony can pay the fee himself before filing documents with the court. But at the same time, the Tax Code contains information that a plaintiff applying for alimony may be exempt from paying state duty.
If the court makes a positive decision on the assignment of payments to the plaintiff, then the amount of the state duty will have to be paid by the defendant. In this case, the exact amount of payment will be approved only after consideration of the case.
If the request for alimony is not satisfied, then the plaintiff will have to pay a fee for the work of the court.
Application for alimony without divorce through State Services
You can submit an application for alimony payments through the state Internet resource “State Services”. To do this, you must have a verified account on the portal.
How to apply online
To submit an application for the collection of alimony, on the main page of the State Services portal in the search bar you must enter the query “alimony”. After this, the resource will display a list of available services.
Today, the opportunity to submit an application for alimony through State Services is available in a limited number of settlements in the Russian Federation.
If the service is available in your region, select it from the list provided by the search. You will need the clause “Providing claims for the collection of alimony for minor children to their parents (one of them).”
After reading the description of the service, you can proceed to filling out the application electronically. To do this, you will need to fill out several required fields:
- personal passport data and registration information;
- defendant's details: full name, date of birth, registration and actual residence address;
- details for calculating alimony;
- the amount of income of the plaintiff and defendant for the last three months;
- information about the child: full name, date of birth, birth certificate, place of residence, etc.
All supporting documents in scanned form must be attached to the application.
After all the fields have been filled out, the system will allow you to check the completed application again and, if necessary, make amendments. If the application is drawn up correctly, you can send the claim to the court.
Payment amount
If spouses decide on the assignment of alimony through a voluntary agreement, then they have the right to independently determine the amount and procedure for payments. However, the amount of alimony cannot be lower than that which would be established by the court, guided by the norms of the Family Code.
The magistrate assigns financial support to children in shares of wages or other income that the debtor receives:
- the spouse must pay 25% of his monthly income for the maintenance of one child;
- for two children – 33%;
- for three or more – 50%.
However, the court may establish other amounts of payments based on the living conditions and financial capabilities of the spouses.
If the spouse who has to pay alimony does not have an official income, or his earnings are not stable, the plaintiff may declare his desire to receive alimony in a fixed amount of money, which will not depend in any way on the size of the defendant’s salary.
Child support for an adult child
The RF IC provides for some exceptions, according to which alimony can be paid even after the child has reached the age of majority. This applies to disabled persons over 18 years of age, as well as persons with disabilities.
You can count on alimony if the following requirements are met and documented:
- the child has reached the age of 18;
- cannot carry out labor activities himself;
- not officially working;
- he requires constant outside care.
A parent caring for a child who, according to the IESC, has been disabled in group I since childhood, has the right to financial assistance from his spouse, even if they no longer live together.
Finally, children over 18 years of age who are studying full-time at a university can count on receiving alimony from the second parent.
Punishment for evading alimony payments
The financial support of children is seriously controlled by the Russian state. Therefore, in case of malicious evasion of payment of alimony to a parent, a case may be opened under Article 157 of the Criminal Code of the Russian Federation. In this case, there are several punishment options:
- correctional or forced labor (up to 12 months);
- imprisonment (up to 12 months);
- arrest (up to 3 months).
To avoid such punishments, the parent is obliged to regularly pay child support in favor of his children. It does not matter whether the spouses are divorced or have not yet dissolved their legal marriage.
In Russian legislation, the payment of alimony is in no way connected with divorce.
Therefore, if a husband and wife do not formally file a divorce, but at the same time only one of the parents is actually raising the child, then he has the right to collect alimony from his spouse.
In most cases, this procedure is carried out through the court, but the law also allows for the drawing up of a voluntary agreement on the payment of alimony if the parties managed to find a compromise.
How to apply for alimony during marriage?
How to apply for alimony during marriage? You should file a claim in court with the provision of evidence (paternity, adoption or adoption). After reviewing the case, a decision will be made. The law is always on the side of the child, who must be supported by both parents until the age of eighteen, providing everything necessary.
In general, this question may concern many.
Unfortunately, not in all cases the existence of a relationship (officially registered) between the father and mother of the child is a guarantee that both the husband and wife are ready to adhere to their obligations towards children under the age of eighteen, in particular, to provide for their maintenance. This is why the problem arises of how to correctly submit documents for alimony during marriage and where to go with such an application. You can find answers to these and some other questions in this article.
What does the law say? In accordance with Article 80 of the Family Code of the Russian Federation, the maintenance of a minor child is an equal responsibility of both parents. If someone evades, then the alimony required for the normal maintenance of children will be collected by going to court.
Moreover, in accordance with the law, the payment of alimony, that is, the funds necessary for a child to live normally, is completely unrelated to whether the parents are married or whether their legal relationship has already been dissolved. In any case, the law will be on the child’s side.
How does collection work?
Free legal consultation
How does collection work? Most often this is done in court. In most cases, this is the only opportunity to receive funds for the normal maintenance of the child.
Today you can use the State Services portal or look at the MFC portal, which also offers the opportunity to fill out an application, but the proceedings will still be carried out in court.
Worth knowing! It is possible to draw up an agreement on the payment of funds for a child (born in marriage or out of wedlock), if the parents manage to agree among themselves. Both the amount and the frequency are discussed. The agreement must be notarized. Subsequently, it is the notary who will monitor the fulfillment of obligations in accordance with the document.
In any case, there is always the possibility of going to court to increase the payment if it is very small, or to ensure its continuity.
In court, collection of funds is possible by contacting the organization using one of the following forms:
- filing an application requiring the issuance of a court order (an exception is possible when the parents have no disputes about where the child will live, what is the required amount of child support, and also if there are no disputes about paternity);
- filing a statement (claim) stating that it is necessary to collect alimony from the debtor.
Please note that in accordance with the legislation of the Russian Federation, namely Article 126 of the Code of Civil Procedure, a court order must be made public within up to five days from the time the claim was filed. In this case, the parties may not be summoned and the trial as such may not be carried out if there are no claims or disputes on any topic from both parents.
What documents are needed to file a claim in marriage?
What documents are needed to file a claim in marriage? Their list does not depend on what form of appeal to the court the plaintiff has chosen. So, the following documents are required along with the application:
- a copy of the identity document (usually a passport) of the plaintiff, as well as pages confirming the marriage;
- copies of children's documents (or birth certificates, if the child is under 14 years old, or passports);
- certificates of income of both the plaintiff and the defendant;
- a document indicating the composition of the family (it is obtained at the place of residence of the plaintiff if the spouses do not live under the same roof);
- a copy of the marriage certificate;
- a receipt confirming the payment of the state duty (only the original, otherwise the claim will not be considered).
If the plaintiff does not have the opportunity to collect and present to the court certain evidence in this case, then according to the law of the Russian Federation (Article 57 of the Code of Civil Procedure) it is possible to file a petition for assistance in collecting this evidence.
Using an example, it looks like this: if the plaintiff does not have the opportunity to present a certificate of the defendant’s personal income, the court representative must be notified about this at the stage of preparing the case for trial.
It is advisable to submit your request in writing, indicating the reasons for your inability to collect evidence yourself.
Applying for alimony outside of marriage
Filing for alimony outside of marriage has some features that are important to know about.
At the same time, remember that the ability to receive money for a minor from the debtor does not depend on what the relationship between the parents is, that is, whether they are married (registered or civil), divorced, or did not live together at all. The fundamental differences lie solely in the package of documentation that will have to be submitted to the court along with the statement of claim or the issuance of an order.
All of the above documents are required, and you will also need the following:
- a certificate confirming that the child was adopted;
- evidence that paternity has been established.
If these documents are not provided, then the court decides to carry out a procedure to establish paternity. In other words, the procedure is mandatory. It is carried out by court decision.
It is important to know! If the father does not recognize himself as such, then the court decides to find evidence or refute the fact of biological paternity.
For this, in accordance with Article 49 of the Family Code of the Russian Federation, any reliable information is taken into account.
Practice shows that in most cases preference is given to genetic testing as one of the most reliable sources.
Ask a lawyer a question for free
What should be in the statement of claim when filing for alimony?
What should be in the statement of claim when filing for alimony? There is no sample as such for the preparation of this document, but there is a number of information and details that must be included in the application. So, in the process of drawing up the document, it is important to clarify:
- address of location and name of the judicial organization to which the claim is addressed;
- surname, name and patronymic of both parties indicating the exact addresses of residence;
- the essence of the plaintiff’s claims against the defendant;
- justification of these requirements;
- evidence that would confirm the legality of such claims (the fact of confirmation of paternity or adoption of a child);
- the amount planned to be recovered.
If you plan to collect alimony in a fixed amount, then two additional justifications are attached to the application. The first is regarding the costs of maintaining a child, the second is the direct calculation of the amount.
The latter is made in accordance with expenses for food, development, education, clothing, treatment, leisure and other factors during the month.
At the same time, it is also important to have appropriate payment documents confirming that the money is actually spent on the child.
To summarize, both those who are married or divorced and those who have never been married can apply for alimony. According to the law, a child should not suffer or be limited in any way if the parents do not have a good relationship. The court will always be on the side of the child, so do not be afraid to seek help in difficult life situations.
How to apply for alimony during marriage: required documents
Unfortunately, the official registration of the relationship between a couple does not always guarantee the fulfillment of the corresponding duties by each of its members.
Often this applies not only to such household things as cleaning or cooking, but also to serious issues, for example, equal support of minor children born to spouses.
That is why for many women, no matter how sad it may be, the question of how to apply for alimony in marriage is very relevant.
In this material we will tell you how to go through the required procedure, what documents should be collected, and what is indicated in the claim.
Is it possible to submit an application for financial support for a child in marriage?
Some mothers who find themselves in a difficult situation when the husband and father of their child do not work and do not intend to find a job in the near future, are forced to bear the burden of not only their offspring, but also their spouse. It may also be that, on the contrary, it is not the husband who is engaged in parasitism or hiding income in the family, but the wife, who does not want to invest her own material resources in the child.
According to the norms of the Family Code, the following are required to support a child in the Russian Federation:
The fulfillment of the required obligation must be carried out by the parents, regardless of whether they are in an officially registered marriage or not.
The period of such support for a child lasts 18 years from the moment of his birth.
If one of the parents, regardless of his gender, evades fulfilling the required obligation, money is collected from him through court proceedings.
Concluding an agreement on the payment of alimony
If the parents were able to peacefully resolve the tense situation with each other, and determined who and how much should pay for the maintenance of the child, but are afraid that oral agreements may not be fulfilled one day, they have the right to enter into a so-called alimony agreement among themselves. This document states:
- frequency of receipt of payments;
- the amount received for each payment and other nuances.
Parents who decide to negotiate peacefully can independently calculate the amount of payments and enter into an agreement
Please pay attention to the following fact: in order for the required paper to receive legal force, it is not enough to draw it up yourself in free form and endorse it with two signatures. Parents will have to contact a notary so that the specialist they are looking for will help draw up the agreement and certify it.
Parents can enter into the required agreement:
- not officially married;
- formalized the relationship through the registry office.
In the second case, the required paper will add discipline to the parent, who previously shied away from legal responsibilities, and it is quite possible that after some time the concluded agreement will become a simple formality.
How to apply for alimony in marriage through the court
If for some reason a parent who does not take part in providing for the offspring refuses to enter into a settlement agreement with his other half, the injured party will have no choice but to apply for alimony to the court.
You can collect alimony from your spouse using the court system
You can initiate the process by issuing one of the following two documents:
- an application submitted to the court for the issuance of an order for payment (the use of the required option is permissible only in cases where there are no disputes regarding the paternity of the child, the specific place of residence of the offspring, the amount of payments and similar disputes);
- a statement of claim, the purpose of which is to force the collection of financial security.
Using the first method, you will receive an order from the court no later than five days. The following will not be carried out:
- court hearing;
- summons to a hearing of the parties.
What documents need to be collected to recover funds from a spouse?
Regardless of which of the application forms listed in the section above you choose, in any case you will have to attach an impressive package of documents to your request for judicial protection.
Point No. 1. It is necessary to prepare a copy of the main citizen document (passport) belonging to the plaintiff. In this case, it should display the following pages:
- main spread;
- registration;
- Family status;
- born children.
Point No. 2. You also need to copy documents confirming the identity of the children you have in common with the defendant:
- birth certificates;
- passports for offspring over 14 years of age.
Point No. 3. A photocopy of the original marriage certificate, which was issued to the spouses when registering the relationship with the civil registry office, must also be submitted to the court.
Point No. 4. It is important to take at work certificates of income for each party to the lawsuit:
Point No. 5. At the place of residence of the spouses or only the plaintiff, if the parents do not live together, it is necessary to obtain a certificate indicating the composition of the specific family in which the data of both parents and children is entered.
Point No. 6. In addition, it is necessary to pay the state fee, the provision of which is made exclusively in the original form, otherwise the court will not initiate the process for you to receive the due funds.
We would like to draw your attention to the fact that if the injured party does not have the opportunity to present to the court all the evidence related to the case of non-payment of child support, he has the right, in accordance with the Civil Procedure Code, to file a petition for assistance and assistance in collecting and presenting it at the place of proceedings.
At the same time, it is important to notify the court working on the case about the impossibility of collecting documents at the preparation stage. The application itself must be formatted as follows:
- in a written form;
- its text must indicate the reason why the plaintiff cannot request any document on his own and needs the help of an official structure.
Point No. 7. If a common child was not born in marriage, but was adopted or adopted from an orphanage, it is also necessary to submit a copy of the adoption certificate for consideration.
If the child is not born by the spouses, but adopted, two parents are also required to provide for him
Point No. 8. Despite the fact that the main topic of our article is devoted to the collection of financial support by one spouse from the second spouse, we still mention that for divorced or never married parents, the principle of action when collecting alimony will be the same. However, in this case it will also be necessary to provide:
- a document establishing the paternity of a child or several children (one for each offspring);
- certificate of divorce.
If the marriage as such has not been registered, in the absence of a document confirming the paternity of a particular person, a forced procedure is initially carried out to establish family ties between the man and the child. It is also initiated according to a court order.
Most often, establishing paternity means undergoing a genetic examination, since only such a method can be considered reliable. Even if the father still refuses to acknowledge his direct relationship with the child, he will be obliged to pay money to the baby’s mother.
Table 1. What documents must be submitted to the court depending on the status of the official relationship connecting the parents
Documents for collecting funds from a spouse Papers for receiving payments from a former spouse or a person with whom the marriage was not registered
|
All the same, and additionally:
|
What to indicate in an application for alimony from a spouse
In order to correctly write a statement of claim to obtain an order for the payment of alimony from the court, you need to know what information should be included in the paper.
The uniform form of the sought claim, as such, is not defined by law, however, the content of specific instructions and data in it is considered mandatory. First of all, the paper must contain:
- name of the court;
- address of the location of the court to which the application is submitted;
- surname, name, patronymic of the plaintiff;
- surname, name, patronymic of the defendant;
- the actual residential address of both parties (if the spouses live together, it will be the same);
- displaying the essence of the demands for payment of alimony directed towards the defendant;
- facts confirming the validity of the requirements;
- confirmation of the required facts (links to specific documents);
- the amount that should potentially be received as a result of the proceedings.
Statement of claim for the recovery of child support during marriage
When indicating a specific amount in an application for an order from the court or a statement of claim for the recovery of alimony, it is necessary to justify its amount not only with personal motives and arguments, but also attach to the case:
- a list of reasonable expenses already incurred to provide the child with any benefit;
- calculation of the total amount, taking into account the fact that not one, but both parents participate in providing for the offspring.
Here is an approximate list of reasonable costs that can be included in the application:
- child food expenses;
- for their education;
- for additional development;
- receiving medical care;
- vacation trip;
- purchasing clothes and the like.
In this case, it will be necessary to attach payment documents to the application and calculation of the amount of alimony, for example:
- checks;
- receipts;
- bank statements and the like.
Provided that the injured party collects all the papers listed above and submits them to the court in proper form, there is no doubt that alimony will be received if the other parent finally comes to his senses. It should, however, be remembered that if you evade alimony payments, the offending spouse may acquire the status of a willful defaulter, and as a result end up in prison for up to a year.
Read the special article about the punishment for malicious evasion of alimony payments.
Let's sum it up
In the modern realities of our country, it is quite difficult to support a child, because providing him with an adequate standard of living requires a lot of money. Unfortunately, it is a rare parent who is able to independently pay for all the necessary material goods and fully care for the child alone.
The worst thing is if not only the offspring, but also his spouse is on the neck of the responsible parent, hiding money or not receiving any funds at all. In this case, only legal proceedings aimed at forced collection of alimony can fully solve the problem.
The injured party, however, must be aware of the consequences.
It is doubtful that a marriage in which two parents are sorting things out through the judicial system will be able to be saved, therefore, having decided to apply for a job, you should be prepared for the fact that the social unit you have formed will soon disintegrate.
Of course, the moral side of the issue should not influence the determination regarding the initiation of the case. Give it a go so that your child receives the benefits due to him by law.
Documents for alimony in marriage (list, list, package) - in 2023, what are needed for filing for a child, sample statement of claim
Maintaining a registered marriage is not an obstacle to forcing a spouse to pay alimony. The procedure is largely similar to the algorithm for processing alimony payments during a divorce.
You can arrange the payment of alimony without court on a voluntary basis; for this, the spouses need to draw up an agreement that contains the agreed conditions and amounts of payments and is registered with a notary.
If the spouses cannot reach an agreement, then alimony payments are processed in court. The legal process when preserving marital relations has one peculiarity: it is necessary to prove the absence of financial assistance to the family from the spouse.
To prove this fact, witnesses are brought in and documents are presented that confirm the validity of the grounds for collecting financial assistance. This complicates the legal process.
A person can also be forced to pay alimony in cases where the marriage is not registered, but the partners have children together.
Features of the procedure
In addition to the need to compile an evidence base, collecting alimony without divorce has other features. Conditions for receiving payments are limited.
Only the following groups of persons can file a claim for alimony:
Pregnant women and spouses caring for children receive elements not only for the maintenance of the child, but also for themselves.
If the disability is caused by unjustified reasons (alcoholism, drug addiction), then the claim is more likely to be denied.
Also unfavorable circumstances are the use of domestic violence, immoral behavior, short stay of husband and wife in marriage, and these circumstances are specified in Article 72 of the Family Code
Mandatory documents for alimony in marriage
The statement of claim shall be accompanied by identification documents confirming the fact of marriage registration and justifying the grounds for payment of alimony. You also need to submit financial documents containing information about the income and material needs of the spouse and children.
The package of basic documents for spousal support required in 2023 includes:
- statement of claim (2 copies), containing the name and address of the court, personal data of the plaintiff and defendant, claims against the defendant and their justification, the amount recovered;
- passport;
- birth certificates of children, if they have reached 14 years of age, then their passports are also attached;
- marriage certificate, if it is lost, it can be re-obtained from the registry office;
- an extract from the house register (necessary to prove the joint residence of the spouse and children);
- certificate with information about family composition;
- certificates of income of the plaintiff and defendant;
- certificate from the maternity hospital (if the wife is pregnant);
- receipt of payment of state duty.
If the spouse has disabled children, then certificates of disability must be attached to the application. The spouse's incapacity for work is also documented by requesting a certificate from the medical and social examination authorities.
This list is not closed: if necessary, additional documents may be required.
Statement
The list of items required to be indicated in the statement of claim includes:
- court address and name;
- personal data of the plaintiff and defendant, details of the plaintiff’s passport;
- personal data of children;
- information about witnesses (if they are involved);
- requirements for the defendant and their justification;
- link to marriage certificate;
- amount collected and its calculations.
Personal data means full name, date and place of birth, residential addresses and registration.
Amounts spent on child support are calculated from funds required for food, clothing, medical care, education, recreation, and to justify the expediency of expenses, checks, receipts and other payment documents are attached to the application
The statement of claim with the documents attached to it is transferred to the department of the magistrate's court. The plaintiff submits the application at the address of his residence or at the place of residence of the defendant.
It may be difficult to obtain some documents. It is not always possible for the plaintiff to independently obtain information about the defendant’s income. If the defendant or his employer hides this data, then the plaintiff has the right to request the court's assistance in obtaining this information.
It is important to keep in mind that relatives of the participants in the process cannot be witnesses in court.
The procedure for withholding alimony should be as follows: first of all, alimony must be withheld (up to 70% of the salary), and then compensation for material damage, provided that the total amount of withholding (together with alimony) does not exceed 50% of earnings.
You can read how to correctly write an application for alimony here.
The statute of limitations is three years. This means that if the spouse does not provide financial assistance for a longer period preceding the filing of the application, then the court obliges him to pay alimony only for the last three years.
If there is no registration
The absence of registration of marriage relations in the registry office is not an obstacle to coercion to pay alimony. This means that a spouse can demand financial assistance for the maintenance of a common child, even in cases where the partners have never been officially married. But the legal process in such situations is more complex.
What documents are needed for alimony in a civil marriage? In addition to the standard certificates for such processes, the statement of claim must be accompanied by documents confirming paternity (if the child is natural) or the fact of adoption (if the child is adopted).
If the father does not recognize his relationship with the child, then this fact is confirmed in court with a genetic examination. Expert DNA analysis requires spending large sums of money, and laboratories are not available in all regions.
The adoption certificate is issued by the guardianship and trusteeship authorities.
Liability for non-payment
If your spouse does not pay alimony, you can hold him accountable. To do this, you need to go to court again and attach evidence of non-payment of funds to the application. If the court considers the evidence to be solid, the spouse will be forced to repay the debt.
If after this he continues to evade his duties, then bailiffs will take over the case and seize property and bank accounts. Willful defaulters who do not have a permanent job and valuable property are brought to criminal liability.
It is still possible to receive child support for a child up to the age of 23, if he is studying, and there are a certain number of ways that can implement this.
About filing for alimony in marriage, what documents are needed: how and where to apply
The publication discusses the procedure for processing alimony payments in situations where spouses are married. Methods for carrying out this procedure are also described. In addition, a list of necessary documentation is provided when drawing up a peace agreement or resolving the issue in court.
Maintaining a child is the same responsibility of parents as raising and caring for him. Therefore, if one of them avoids fulfilling these obligations that fell upon the birth of the child, he can be legally forced to do so. It does not matter whether the marriage was dissolved or not, since the spouses may not live together, but are officially considered a family.
Important! Not all categories of persons can apply for alimony payments during marriage, but only those whose list is strictly limited. These include pregnant women, disabled persons, those with a disabled child, and those on parental leave.
What documents are needed to apply for spousal support?
The list of required documents depends on how the issue will be resolved between the spouses. There are two main methods:
- peace agreement - agreement;
- judicial procedure.
Legal relationships between spouses are regulated by the Family Code
The first method is the most loyal to both parties to the transaction. This loyalty is ensured by the fact that he:
Saves time. Since there is no need to submit applications to the court and wait until they are invited to a court hearing. In addition, the trial may drag on for several months due to certain reasons. Which include:
- extension of time due to insufficient grounds for making a decision;
- postponement of the hearing date due to the failure of one of the parties to appear.
In the first case, all documents can be completed in a couple of days.
- Saves nerves. Resolving an issue in court is always a complex and morally difficult matter. Therefore, when planning to take such a step, you should be patient.
- Saves money. In addition to paying the fee, legal expenses may include payment for services:
- on preparation of documentation;
- for sending documents via postal service;
- for obtaining legal advice;
- by engaging a lawyer.
Of course, with sufficient legal knowledge and experience in drafting legal documentation, you can avoid additional costs. But, since a correctly drafted claim is the basis for consideration or refusal to consider the case, it is better to be sure that it is drawn up correctly.
Documents for child support in marriage in both cases are:
- parents' passports;
- birth certificates of the child/children;
- certificates of income of the alimony provider.
In both cases, you will also need to draw up a document serving as the basis for starting the procedure.
Documents required when concluding an agreement
What documents are needed to apply for alimony in a civil marriage?
Concluding an agreement is a peaceful way to resolve a conflict. It is only possible if the spouses come to a compromise. The agreement is equivalent in legal force to a writ of execution, therefore, if problems arise with obtaining alimony, it is necessary to contact the bailiffs with it.
A mandatory condition for the execution of this agreement is notarization. This is indicated in the provisions of articles of the Family Code. However, you can draw up the document yourself, since the notary will charge an additional fee for performing technical work.
In this case, the documents for filing for alimony without divorce are as follows:
- the agreement itself (if drawn up independently);
- participants' passports;
- birth certificates of the child/children;
- income certificate;
- check for payment of state duty.
Writing an agreement is a fairly simple procedure, but requires extreme care. It consists of three mandatory parts:
- information about the first party to the agreement (last name, first name, patronymic, passport details, registration address);
- information about the second party involved (the same);
- details of the marriage certificate.
A descriptive part that states:
- the amount of alimony payments (can be a percentage, a fixed amount or a mixed amount);
- payment terms (monthly until a certain date, 2-3 times a month, one-time, etc.);
- form of payment (cash, non-cash);
- rights and obligations of the parties involved in signing the agreement.
- date and place of drawing up the agreement;
- basic information about the notary who certified the document;
- signatures of participants;
- seal and signature of the notary.
The agreement must be written in three copies, for each of the participants who signed it. Services for notarization of a document include payment of a fee and performance of technical work (if the latter took place).
Where are documents submitted in case of judicial review?
If it was not possible to reach a compromise, then to resolve the issue of assigning alimony payments it is necessary to go to court.
As a general rule, you must contact the branch of the magistrate’s court that is located at the place of registration of the defendant - the person to whom the claim is made.
However, for women who have small children, an exception is provided that allows them to file an application at the nearest court branch.
Exceptions can be granted in several ways:
- personally or through a representative;
- by registered mail using postal services;
- online application using Internet services (official website of the judiciary, State Services).
The first method is the most reliable in the sense that you can personally verify that the documents have been accepted. If actions are carried out through a representative, then a notarized power of attorney in his name will be required.
Important! When sending by registered mail, it is recommended to do so with a notification, which will be returned to the sender upon receipt by the addressee. Also, with the help of Internet services and applications, it is possible to track a letter throughout its journey to the recipient. However, this method requires additional costs (for purchasing an envelope and sending), as well as time.
The third technique is suitable for those who are good at computers. If the application is submitted through State Services, then you must have a verified account. This method is the most convenient because you don’t even need to leave your home.
Documentation for obtaining alimony through the court
To apply for spousal support, what documents must be submitted to the court? The general list is as follows:
- copy of the passport;
- copies of the birth certificate of the child/children;
- a copy of the document confirming the marriage;
- certificates of family composition of both parties;
- certificates of income of both parties (if available);
- documents indicating that the defendant does not pay child support;
- bank statement with the account number of the potential recipient of alimony payments
- duty payment receipt.
If for some reason the plaintiff is unable to obtain the necessary document, he indicates this fact and applies to the court for help.
Important! The marriage certificate can be requested again from the registry office. To do this, you will need to write an application, pay a fee and wait a specified period of time to prepare a new form.
And yet, the main document that gives rise to the entire process is the statement of claim. It must be submitted in three copies: two of which are given to the parties involved, and the third remains with the judicial department.
You can file a claim either independently or seek help from specialized services that prepare documentation for government agencies.
A claim is filed if a conflict has arisen between the spouses regarding the procedure for financial support for the child.
The exception consists of three parts and contains the following data:
- name of the court and its registration address (zip code, region, city, street, house and building);
- personal information about the plaintiff (last name, first name, patronymic, passport details, address of registration and contact telephone number);
- personal information about the defendant (the same);
- Title of the document.
- details of the marriage certificate;
- personal information about the child/children;
- indication and evidence that the defendant does not fulfill the obligation to support the child;
- description of requirements;
- calculation of the claim and its price (can be made either in a fixed amount (not lower than the minimum amount) or as a percentage (a quarter of the defendant’s income);
- justification of the amounts received;
- information about the defendant’s place of work;
- bank account details.
- list of attached documents;
- date and signature of the person.
This claim must comply with all norms of law and official record keeping. In addition, it should not contain errors, blots or other inaccuracies that constitute grounds for refusal to consider it.
The content of knowingly false information can lead to unpleasant consequences: from rejection of an application to initiation of a criminal case. The application can be handwritten, printed, or filled out.
A sample form can be found on the Internet by typing a query into the search bar, or at a stand in a judicial authority.
Sample statement of claim for alimony payments
If there is no conflict between the parties, but a peace agreement has not been drawn up, then an application for the collection of alimony is filed with the court.
It also consists of three blocks and contains information such as:
- name of the court and place of registration (zip code, region, city, street, house, building, etc.);
- information about the applicant (last name, first name, patronymic, passport details, registration address, contact phone number);
- information about husband and wife (last name, first name, patronymic, passport details, registration address);
- details of the marriage certificate (number, date, series);
- information about the child/children (last name, first name, patronymic, date of birth);
- a petition indicating from whom, on whose support and in what amount alimony is required to be paid.
- list of attached documents (item by item);
- date and signature.
The procedure for the court's consideration of this application is simplified and does not require summoning the parties and scheduling a meeting, and the consideration period is five working days.
However, it still requires special care and thoroughness in drafting, since it is submitted to the state body and registered by it.
But in some cases, this procedure becomes more complicated and requires filing a claim.
What documents may be additionally required by the court?
What other documents are needed for child support in marriage in Russia in 2018?
The list of them depends on what other additional circumstances are present. It can be:
- medical certificates confirming that the child is disabled;
- disability certificate;
- medical certificates confirming the wife’s pregnancy;
- a document confirming the woman’s temporary or permanent disability;
- a document confirming the fact that the woman is on maternity leave for up to three years;
- documents from an educational institution confirming the fact that the child is studying full-time (for adults):
- other documents.
In some cases, a woman has the right to apply for alimony not only for a minor child, but also for herself. This applies to pregnant women and those caring for a child under three years of age.
Thus, the question of how to apply for alimony in marriage, what documents to collect and where to go, is quite popular, since both the number of divorces and the number of those who refuse to fulfill their obligations to support children while married are growing. At the same time, you should not be afraid of a rather complex and lengthy procedure, since in most cases the court sides with the child (in the person of his mother) and satisfies the claim.
If the alimony provider does not pay the established amounts, then you need to contact the bailiffs. Have an agreement or court order/decision with you. These documents, in fact, are the basis for starting enforcement proceedings.
And if the second spouse does not want to voluntarily pay the costs of maintaining the child, then this will have to be done forcibly.
In addition, the state is improving legislation in this area, tightening measures for non-payment of alimony payments, up to actual conviction.
Loading...
