What documents are needed to process maintenance

The family law of the Russian Federation provides for various means of processing child support, and a list of the necessary documents depends on the choice of the option to apply for maintenance.

Maintenance documents for the mother on maternity leave

Under-age children and their mothers have the right to receive alimony payments, which must take into account a number of conditions.
If a citizen refuses financial assistance to his or her ex-wife, it is possible to recover his or her detention through a court of law, as provided for in article 90 of the Family Code of the Russian Federation.

In order to do so, a woman will have to apply to the judiciary for a statement of claim and a package of documents as follows:

• A copy of the defendant's and plaintiff's passports.
• A certificate on the composition of the family from the housing institution in the place of residence, which will confirm the child ' s residence with the plaintiff.
• Child support certificate.
• Dependent's birth certificate.
• Divorce papers.
• Certificate of employment confirming maternity leave, proof of the child ' s mother ' s own maintenance expenses (bank accounts, receipts, cheques).

Indeed, the main reason for receiving maintenance is to confirm that a child is a biological child of a separate male resident. After the birth of a child, if the father has doubts about it, DNA testing is sufficient. With a pregnant woman, it is a bit more difficult. On the one hand, it is possible to study the foetus during the last period of pregnancy, but the woman is wash off the procedure, citing the danger to the child and the difficulty of manipulation. Therefore, if the pregnancy is married, regardless of the woman ' s state of affairs, the child will be considered conditionally the child ' s child of the former spouse. Therefore, the woman will receive maintenance.

Women have the right to apply for their own maintenance, subject to certain conditions:

• The baby has to be together.
• At the time of application, the child must be no more than three years of age.

Documents to the voluntary agreement

If the parents decide to pay the child maintenance allowance voluntarily, a maintenance agreement shall be drawn up.

Its value to parents lies primarily in the fact that the document is of legal value.

In the event of non-compliance, the agreement must be sent to the non-payer ' s place of work either by himself or through the bailiff ' s authorities, which will require the following documents:

• Birth certificate.
• Originas of both parents' passports.
• Requisitions for the bank account of the recipient of maintenance (BIC, INS, account number).
• A certificate from the payer ' s parent from the place of work on the wages of the last three months or more.

The cost of this document is just over 5,000 rubles, depending on the region.

Some features

Not many are aware of the fact that parents may be in a formal or common-law marriage or divorced when applying for maintenance through a court; the court does not pay attention to this point, but it is important to provide a correct package of documents.

What documents are needed to obtain maintenance?

If parents fail to resolve the matter peacefully, the recipient has the right to enforce the recovery of money, which may be effected by certain means:

• Application for a court order.
• A claim for maintenance has been filed with the judicial authorities.

It should be noted that the maintenance package may vary slightly in the manner described above.

• Relevant statement.
• Marriage and divorce (if any).
• The plaintiff's passport.
• Birth certificate.
• A book from home confirming a living with a child.

Where do you apply for alimony?

As a rule, an application is filed with the Magistrate ' s Court at the plaintiff ' s place of residence; it should be noted that the claim is brought before the Magistrate ' s Court if the amount is not more than 50,000 roubles; otherwise, the application is submitted to the District Court.

What documents do the bailiffs need to recover maintenance?

A certain list of documents will be required to collect the maintenance debt through this service:

• Passport.
• An order issued by a judicial authority.
• Maintenance agreement (if any).
• Bank statements are the account to which the recovered funds will be transferred.
• End-user documents: birth certificate, passport (if available).
• Executive list.

In order to file a case, the recipient must submit a complaint.
A request for the initiation of enforcement proceedings should indicate the following:

• Name of the body of the SVF to which the citizen refers.
• Information on the parties to the maintenance relationship.
• Information on the underage recipient of funds.
• I'll give you a copy of the executive list.

Documents for the recovery of maintenance through the court

A package of documents for filing with the court is prepared in accordance with articles 132 and 124 of the Code of Criminal Procedure of the Russian Federation. The application is accompanied by copies of the following documents:

• Dependent's birth certificate.
• The applicant ' s passport with the registration of the marriage and the propiska.
• Marriage certificate.

In addition to the above, it is necessary to add the following original references:

• About the two sides' income.
• About the composition of the family.

Methods of applying for alimony

It has previously been mentioned that if the parents have not been able to resolve the question of the payment of a child allowance by means of a maintenance agreement on their own, the payment of maintenance shall be ordered by the courts, which shall be done by the following means:

• The filing of an action with the judicial authorities if the non-payer has objected to the court order.
• Application for a court order, both in marriage and in divorce.

Claim for child support

Thus, if the parents failed to reach a compromise on the amount and manner of payment, or if one of the parties fails to meet maintenance obligations, alimony can be recovered through a court of law; the claim is a coercive way to recover maintenance from the debtor when the parents fail to resolve the matter peacefully by means of a maintenance voluntary agreement.

Who is entitled to file a claim for child support?

Parents and guardians, as well as the public authorities and administration of children ' s institutions representing the interests of the child, have the right to make such a request.

If one of the parents recovers maintenance, one of the main conditions is that they live together with the child; it is also important that the child is kept at his or her expense by the future child; the court does not take into account whether the parents live separately or are separated, married or divorced; it is the lack of financial support for the child.

If, for any reason, the child is left without parental care, the guardian will have the right to recover maintenance payments; the guardian must officially have the status of guardian, as documented.

Preparation of a claim for maintenance

Article 131 of the SPC reflects all the requirements for the filing of a claim for maintenance payments, and it is necessary to state in this document the following:

• Name of court to which the plaintiff applies.
• Complete data on maintenance recipients (passport data, address of registration and actual residence).
• Information on the defendant: It is important to bear in mind here that the mandatory requirement is to indicate the address of the debtor ' s residence; if this information is not provided, the defendant will be sought and the case will be suspended.
• Brief description of violations of rights and justification for the payment of alimony payments.
• The price of the claim, in this case, will be equal to the amount of maintenance for the year.
• Establishment of a list of documents attached to the statement of claim.

Where to file a claim for child support?

Under the rules of the law in force, a claim is made at the debtor ' s place of residence, but if the claimant so wishes, the application may be made at the applicant ' s home.

How to file a claim for maintenance?

Consideration of a claim for child support

The application shall be considered within five days, after which it shall be handed over to the plaintiff or sent to the defendant ' s place of work; the defendant shall have ten days from the date of the order to present his or her objections to the court in writing.

The document must refer to the plaintiff ' s unfounded and unfair claims by reference to evidence or to the law; if no objection has been received from the payer during this period, the order shall enter into force; from then on, the debtor ' s employer shall legally withhold from the employee ' s salary the amount specified in the court document.

If an objection to the claim is raised by the defendant at that time, the order shall be revoked, in which case the child ' s maintenance shall be recovered in the normal course of action.

Issues in the preparation of a claim for maintenance

We suggest that we consider the common issues that may arise in the preparation of the claim.

• How can you indicate in the application if the alimonyer fulfils maintenance obligations to the other children of the first marriage?In this case, the standard model of the statement of claim is applied, and it should be stated in this document that maintenance payments are already made by the defendant for other children in a certain amount; in addition, the court may be requested to recover alimony from the children in common with the defendant on the basis of the amounts paid.
• If a child is registered with one parent and lives with another, is a certificate from the housing authorities necessary?What is to be done in cases where the place of work of the maintenance worker is not known and he refuses to provide a certificate? In this case, the failure to provide a certificate would not be a gross violation, but instead the court may request other proof that the child is in the care of the plaintiff.
• Is it possible to skip a box indicating that the defendant has other children if the plaintiff does not have this information?If the applicant is not aware of the other dependants for whom the defendant is required to pay alimony, it is permitted not to state this in the application.

Maintenance documents in an unregistered marriage

The law in force provided for the recovery of maintenance even if the parents ' relationship had not been officially registered; a standard package of documents would be required if the plaintiff applied.

The difference is that the applicant does not need to apply for a marriage or divorce certificate.

In addition, if the count "Father" on the child's certificate is empty, it is worth first establishing paternity and attaching a court order to the application.

Maintenance for adult children

In practice, there are cases where alimony payments continue after the child has reached the age of eighteen, usually due to permanent or temporary incapacity.

In order to apply for maintenance of an adult child, the plaintiff will require the following package of documents:

• Passport.
• Divorce certificate.
• Information about the baby.
• Disability certificate or other document proving incapacity to work.
• Documents confirming the difficult financial situation of the family.

In addition to the above, the court may also prohibit other information, such as the place of study of the alimony recipient, the place of work of the defendant or the plaintiff, etc.

How to collect the necessary documents for maintenance

It is not easy to formalize alimony payments, and the main problem is not procedural perpetuities, but moral and emotional ones, because the interests of a child who requires means of subsistence are protected; former spouses are not always able to find a common language on this issue, very often one of them ceases to hold themselves responsible and responsible, which means that a parent who has custody of a minor child will require legal documents to guarantee the payment of alimony.

The options for the recovery of maintenance will be described below, as well as what documents are needed for the legal processing of maintenance.

How to make child support arrangements

In the case of child support, the rules of the law must be consulted. The UK proposes two ways of formalizing the obligation to pay child support:

1. In good faith (pre-trial) is used if the ex-wives are able to solve the problem of financial support on their own, in which case the payment of maintenance is translated into a signed agreement.
2. The court applies when the father and mother are unable to determine the manner of payment to ensure the child's well-being, so a mediator, a judicial authority, is required. Maintenance is processed by a court.

Considering how to apply for child support, it is clear that the preferred option for all participants in the proceedings is to award child support on a voluntary basis.

The voluntary consent obtained, notarized, avoids lengthy and costly trials.

In addition, parents can reach more child-friendly support parameters.

In response to the question on how to make child support arrangements voluntarily, the following points may be noted:

• Application is possible only when both parents are able to reach a compromise and ensure that the interests of the children are respected.
• In this method of recovery of alimony payments, it is possible to choose the method of assessment: either a percentage of the maintenance worker ' s earnings or a fixed amount, with the law establishing a minimum amount of payments due.
• The payment dates are also determined on a case-by-case basis, and it is up to the former spouses to decide how often payments are to be received: monthly, quarterly, every six months, etc.
• The issuance of a voluntary consent is legally valid only if the document is certified by the notary.

Documents for the maintenance agreement

If the former spouses have agreed on a procedure for the collection and recovery of payments, they must appear at the notary office to ensure that the consent is properly legally valid; only then will the document have legal effect.

What documents are needed for voluntary maintenance:

1. Documents certifying the identity of both parents.
2. Data from the employer on the average monthly income of the maintenance worker.
3. The notary value bill (like services are worth 5,000 two hundred fifty rubles).

The voluntary nature of the agreed consent is that the payer assumes the obligation to pay maintenance without coercion, but if he ceases to comply with the terms of the agreement, he loses his voluntary status and becomes a claim, and no claim will be required to recover the late alimony payments.

The procedure for the payment of child support on a voluntary basis implies that the outstanding consent is transferred to the MTSP, where its specialists will be responsible for the recovery of the debt, because the properly processed document has all the characteristics of the performance sheet.

Order-based maintenance documents

The procedure is the easiest way to resolve the issues of maintenance payments through a court; the essence of the procedure is that only the party seeking payment is involved in the proceedings; the judicial authority unilaterally determines the main parameters for the recovery of maintenance; for this purpose, the application and the documentation package submitted are considered.

The outcome of the proceedings is an order containing the procedure and the timing of the payment, as well as the amount of the payment. By virtue of the fact that the former spouses do not dispute about the payment of alimony payments, they do not need to appear before the court; only after the verdict has been reached will it be sufficient to obtain the necessary documents and hand them over to the bailiff.

In judicial proceedings, when an order is issued, payments may only be made as a percentage of the payer ' s income, and the court ' s decision is enforced by the bailiff ' s office, whose specialists handle such cases.

The payment of child support orders implies special ways of calculating the amount of payments, which are defined in article eighty-one of the UK of the Russian Federation and constitute a percentage of the payer ' s income:

• Up to 25 percent if the baby's one.
• Up to a third, two children.
• Up to half, three or more offspring.

Information on how to order maintenance is provided in the UK of the Russian Federation, and in accordance with article 129 of the Russian CL, maintenance payments may not exceed 70 per cent of the total wage, and the documents for processing maintenance under the scheme are as follows:

1. The actual place of residence;
2. Family members;
3. On earnings;
4. The child in care;
5. on marital status.

The judicial authority shall issue a verdict on the basis of the data provided, paying particular attention to the marital status and material wealth of both parties.

Documents for the proceedings for the recovery of maintenance

Another procedure for applying for child support involves interaction with the court; the more complex and common way of dealing with child support cases is to file a suit; the lawsuits are brought before a court, and a verdict is being considered and rendered.

Two competing parties are involved in the proceedings; the case is heard in several sessions, starting with the preliminary one; in general, such cases do not differ in procedural aspects from other cases of a civil nature.

The applicant and the responsible party are present in the court and provide supporting documents, testimony, witnesses, and each party may hire a lawyer to strengthen its position.

Accumulated maintenance debts are pending at such meetings.

This procedure is complicated by the fact that it is necessary to prove that one parent fails to fulfil his or her obligations towards the child; another problem arises when justifying the amount of maintenance payments.

The documentation for filing a complaint with the court is determined in accordance with article one-hundred-and-thirty-second of the Civil Code of the Russian Federation.

A package of child support documents through a statement of claim:

• That's a correct claim.
• Data on family members.
• A document confirming the birth of a child.
• Information on the amount of the claimant ' s earnings.
• Data on the marital status of the plaintiff.
• It was confirmed that efforts had been made to reach a compromise in the pre-trial phase.
• I.D. I.D.
• The requirement for persons to testify and to obtain data from the defendant.

Maintenance documents for other persons

Not only a minor child is entitled to maintenance, but other persons, such as a spouse or a woman with a newborn under three years of age, an incompetent mother or father, children who have reached the age of majority who do not support themselves.

The package described earlier is comprehensive; of course, it can be supplemented, some items may be deleted, depending on the manner in which maintenance payments are determined.

There are options where the verdict would not be in favour of the applicant, which may happen if the claimant does not provide exhaustive facts to substantiate its claims; therefore, the selection of the documentation should be carried out very carefully.

Maintenance documents for the wife

The spouse (former or married) may request maintenance from the spouse during the period she is pregnant or on leave to care for a child under three years of age.

In order to file a claim, the documentation package must include evidence of its current status:

• A certificate from the women ' s clinic, where it is registered;
• A document confirming that the child was born and that he was under the age of three at the time of filing the claim.

Maintenance documents for an adult child

The question often arises as to whether child support can be provided for children who have reached the age of 18.

If a child who has reached the age of 18 is unable to provide for himself or herself (incapacity, education in higher education), he or she may apply for alimony, for which the court must grant:

1. A document confirming the applicant ' s disability status;
2. Evidence that the plaintiff is indeed in need for special reasons (establishment of treatment facilities, referral to rehabilitation procedures);
3. There was evidence that there were additional costs (payments, teachers ' fees, tutors ' fees, doctors ' fees, travel tickets and sanatoriums and profiles, purchase of medicines).

Maintenance documents for parents and other relatives

Other persons who are related may also file a claim if there are relevant grounds:

1. Blood ties.
2. Existence of need and need.
3. Unable to work status.
4. There is no closer relative who could bear the burden of a given person's maintenance.

Therefore, the judicial authority should be provided with evidence to substantiate the grounds described above:

• Confirmation of disability status.
• Pensioner's certificate.
• Data on the amount of pension and other payments received.
• A copy of the medical history, doctor's report, rehabilitation programs.
• Cost reports for the activities described.

If the necessary information is provided, appropriate payments can be made; third-party proceedings are conducted in the same place as child support.

What documents are needed to obtain child support?

The Act stipulates that if a parent does not participate in the upbringing of a child, he or she is obliged to make payments in his or her favour; such payments are referred to as alimony, and the rules relating to their payment and enforcement are detailed in the law.

For a parent to start paying alimony, there is a need for a basis — either a voluntary agreement with the spouse or a court decision — but a set of papers will be needed to ensure that the agreement or decision is made.

This article will deal with the documents necessary for the processing of child support.

♪ When you serve alimony ♪

The main reason for a child support claim is that one parent does not take part in the upbringing of a child.The reasons for the following situations:

• Parents divorced;
• The parents were not married and then terminated their association;
• One parent is deprived of parental rights;
• Father or mother are hiding.

In addition, there is another valid basis for payment: the child has a disability and requires additional resources to maintain it; the law establishes two ways to recover maintenance, either by voluntary agreement or through a court order; and to begin with, consider a peaceful solution to the maintenance issue.

Voluntary maintenance agreement

The simplest solution to support disputes is to prevent them by means of a pre-draft statement called a voluntary maintenance agreement, the essence of which is that the spouses determine in advance the amount of payments, the procedure, the amount of compensation for delays and other points.

Such an agreement shall be drawn up with the notary for the purpose of drawing upA minimum package of documents is required:

• Passports of each party;
• A marriage certificate, if officially concluded;
• Certificates recording the earnings of each applicant;
• Children ' s documents (if any): birth certificate, passport, disability certificate, etc.

Only a notarized maintenance agreement has legal force and can be terminated at any time at the will of one of the parties or modified by mutual consent of the spouses.

How to file for alimony.

If there is no voluntary agreement on maintenance, the parent raising the child or the legal guardian has the right to ask the court for the compulsory payment of maintenance payments, and the documents for applying to the court differ according to the grounds on which the claim is made and the situation in question.

In divorce

Often, a claim for maintenance is filed together with a claim for divorce; an important feature of this procedure is that a separate claim for maintenance is not filed – claims for payment are made in a divorce claim.

• The package of documents for the award of maintenance in the divorce proceedings is as follows:
• Application for divorce (sometimes referred to as divorce form No. 10);
• Marriage certificate;
• The birth certificate of the children;
• Documents recording the child ' s place of residence (usually an extract from the home book);
• Parental passports;
• Documents on which maintenance payments will be calculated.

Sometimes the parties fail to agree on who the child will live with after the divorce, in which case the prosecutor and guardianship authorities will need to be brought before the court by means of special motions.

If the divorce didn't take place

In cases where a divorce cannot take place for any reason, a parent raising a child on his or her own also has the opportunity to provide child support, for example if the parent does not divorce or hides himself or herself.The following package of documents will be required to apply to the court:

• A claim for maintenance will have to be added to the claim for the reason why maintenance is requested in the marriage;
• The birth certificate of the child;
• Marriage certificate;
• Claimant ' s passport (if the second parent ' s passport cannot be granted);
• Documents indicating the child ' s place of residence, as well as the last known residence of the defendant (if hidden);
• Documents on which the amount of maintenance will be calculated.

If the father is unknown

There is often a problem of establishing paternity, since maintenance is assigned only to the father of the child, and if it is not known (i.e. it is not prescribed in the documents), it is also necessary to establish paternity in addition to the standard procedure for filing a claim.The package will be as follows:

• A claim for maintenance;
• The birth certificate of the child, with the indication of the mother;
• The certificate of marriage or divorce (if any);
• Passports of the parties;
• Documents indicating the child ' s place of residence;
• Request for an expert assessment of paternity;
• Documents on which maintenance payments are calculated.

After an application for paternity has been filed, a medical examination will be made by the court, which will determine whether the defendant is the father and the result of the medical examination will be referred to the court as the case file, and the claim for maintenance will then be dealt with in a standard manner.

For an adult child

Under the legislation in force, maintenance payments are terminated when the child is 18 years of age, i.e. the obligation to pay is automatically withdrawn from the parent and there is no need to resort to the courts.

There is one rule, however, that a child who is an adult is entitled to maintenance from his or her parent, and under this rule, maintenance is paid to an adult if he or she is found to be incapable of work and who is in need of it.

To get alimony for an adult,The following documents must be submitted to the court:

• Application for maintenance;
• The birth certificate of the child;
• The applicant ' s and the child ' s passport;
• A certificate recording the child ' s incapacity to work (is issued by the medical institution on the basis of the results of the examination);
• A certificate indicating that the child is found to be in need (issued to the social protection authorities);
• A certificate of marriage or divorce;
• A document indicating the child ' s security;
• Documents to calculate the amount of maintenance payments.

If the recovery takes place during the past period

The last case to be considered is the recovery of maintenance over the past period, which implies that the parent in charge of the child makes an application not only to start paying alimony, but also to seek compensation for the period that the payer was to pay.

It is possible to file such a claim if no claim has previously been brought against the payer and he was aware of the obligation to pay, but there is one limitation over the past period: it is only possible to recover it within a maximum of three years.

In order to file a claim for maintenance over the past period,The following documents must be made available to the court:

• A claim for maintenance, which includes a request for recovery over a period of time, will also be reflected in the calculation of the cost of the claim;
• Child birth certificate and passport (if already received);
• The plaintiff ' s passport;
• The certificate of marriage or dissolution (if any);
• Documents recording the child ' s place of residence;
• The case file, which will help prove that the defendant knew about the payment obligations but avoided them (e.g. a voluntary maintenance agreement);
• Documents that will allow the calculation of the amount of the payments.

Formulation of the statement of claim

The principal document for recourse to the court is a statement of claim containing information on the case, the parties, requests to the court and other information.There's a lawsuit filed in three parts:

• Heading. Includes the address of the court, the name of the court, the IFI, the address and contacts of the plaintiff and similar data of the defendant;
• Information sectionThis includes a description of the situation (date of the marriage, when the children were born, how many were born, when the divorce took place), etc., then a description of where the child, with whom the child lives, what maintenance is provided by the defendant, followed by a calculation of the amount of maintenance based on real income data.
• Conclusion. Includes the full list of documents and case files attached to the claim, the signature of the plaintiff and the date on which the claim was filed with the court.

Samples

Model claim for the recovery of child support.doc Model claim for the recovery of child support in a firm monetary amount.doc Model claim for the recovery of child support in a marriage.doc Model claim for the determination of paternity and recovery of maintenance.doc Model claim for the recovery of maintenance in a former spouse.

Documents for calculation of payments

The article repeatedly referred to the documents needed to calculate the amount of maintenance.

Under the current legislation, maintenance is calculated according to the payer's earnings (fourth wage per child, third by two children and half by three or more children).It's gonna take proof to establish this earnings.Their roles include:

• The employer ' s salary documents;
• Bank statements from payer ' s salary accounts;
• Other documents (payment vouchers, statements) that can reliably determine the payer ' s earnings.

Where it is not possible (or not at all) to determine the exact amount of earnings, the court uses a hard-core maintenance procedure, which involves calculating maintenance payments based on available non-permanent income data or on the average wage established in the region.

Maintenance papers

Parents who have not been able to reach an agreement on the child ' s financial security tend to move to the enforcement stage, which requires proper documentation.

The maintenance relationship is long-term and has an impact on the full extent of the property rights of the parties.

The funds paid as alimony make it possible to ensure the exercise of the minor ' s rights to basic and supplementary education, medicine and sports.

The provisions of the Family Code governing the requirements for a package of documents required for the filing of a maintenance claim remained unchanged in 2018 and the requirements for the content of the documentation as well as its processing remained unchanged.

In this article, we will examine in detail what documents are needed to apply for alimony, which should be sufficient to determine whether there is material capacity, as well as the actual marital status of the participants.

Documents for maintenance agreement

The existence of support arrangements for the child may be expressed in the form of a maintenance agreement; in addition to the recipient and the payer, the presence of a notary is mandatory at the time of the conclusion of the agreement; the notary ' s certified agreement becomes effective as an executive document.

For the purpose of certification of agreements, the notary must be provided with:

• The parties ' passports containing a propiska (in original);
• The original birth certificate of each joint child;
• A certificate confirming the registration or dissolution of the marriage (in original);
• The certificate received from the place of residence of the beneficiary of the maintenance;
• Information on the level of participants ' income.

The expert opinions issued by medical and social experts provide additional justification for agreements concluded with relatively disabled minors.

A notarized agreement is immediately enforceable; failure to comply with its terms allows the applicant for maintenance to apply for a notarized note, for which the applicant must provide:

• A passport of its own, with registration;
• Birth certificates for children;
• The marriage or its dissolution;
• a certificate from the place of residence.

All documents are made available to the notary in the original form, which allows the beneficiary of maintenance to apply to the bailiffs and obtain the sums due by force.

The existence of a maintenance agreement allows for voluntary maintenance for the child; in fact, the document reflects the agreement on the amount, the time frame and the manner in which payments are made.

It should be borne in mind that agreements that infringe on a child's right to maintenance are null and void, and that infringement of rights must be understood to mean payment arrangements that are lower than those defined by the legislature (1 child - quarter of income, 2 - 33%, 3 and more - second).

Maintenance order

A court order for alimony may be obtained on the basis of an application to a justice of the peace, and the application for a document shall be made to the judge administering the justice of the place of residence of the applicant or of the future payer.

The application shall be submitted in the form specified in articles 124 and 126 of the Civil Code.It should reflect:

• Information on the administration of justice (name and address);
• Data on parents, including their address;
• The rationale and scope of the requirements;
• The available factual evidence, with reference to it.

The application must be accompanied by a list of documents justifying the claims and supporting the facts.Among them are:

• The applicant ' s passport (in copy), with a sign of registration;
• Birth certificates for joint children (in copies);
• The marriage document and/or its dissolution (in copies);
• A certificate taken from the place of residence;
• documentation confirming the level of income.

In support of the claims, the claimant may attach written evidence of the child ' s illness, the need for special maintenance, the costs incurred, the cost of paid education, including additional ones; all documents must be provided in three copies, one of which becomes the case file, the other is sent to the defendant and the third remains the plaintiff.

The judge hears the application within five days, after which the court order is issued.

The existence of a court order allows the applicant to appeal immediately to the bailiffs.

Documents for action

Legal proceedings are the only means of obtaining alimony payments in cases where there is a dispute between the parents about such payments; the requirement for judicial proceedings is also the case where the person to be paid is an adult but incapable child.

Judicial proceedings are the only way to establish a firm monetary value for maintenance and to recover payments from past periods.

In fact, the claim is only slightly different from the application for a court order.The claim shall reflect:

• Data from the administration of justice (name and address);
• Information on the parties and their place of residence;
• Information and evidence of the defendant ' s failure to meet its financial obligations towards children;
• The amount of the claims submitted in the form of the price of the claim;
• Data on the costs required to support the child, evidence of the existing costs;
• Calculation of the required payment;
• List of annexes.

The court shall accept the claim in triplicate and, during the active examination of the claim by the court, explanations may be required which are recommended for writing.

The decision resulting from the proceedings may be appealed to each of the parties; if such a right is not exercised by the parties, the executive notice issued by the decision shall be handed over by the plaintiff to the bailiffs.

The child support documents must be attached to the suit.

This evidence must show that the defendant has failed to comply with his voluntary maintenance obligations and must also substantiate the amount submitted for recovery.

• The applicant ' s passport;
• A child ' s certificate;
• The marriage or its dissolution;
• Information from the place of residence of both sides;
• Calculation of the amount;
• Evidence of expenditure;
• Evidence of the respondent ' s failure to perform.

List of necessary documents for the recovery of child support in an official and common-law marriage

Child support arrangements can be processed through a standard procedure, with a consolidated package of documents, when the child is born out of wedlock and the biological father has no intention of contributing voluntarily to the child ' s maintenance.

The only difference in these proceedings is the need to establish paternity, which is a separate trial initiated by the mother.

The existence of a decision on the determination of paternity allows the beneficiary of maintenance to commence proceedings in a general manner.In addition to such documents as:

• The plaintiff ' s passport;
• The child ' s birth certificate;
• The marriage or its dissolution;
• A certificate from the place of residence of the parties;
• Calculation of the amount;
• Evidence of expenditure;
• Evidence of the defendant ' s failure to perform, the applicant will need to provide the court with a copy of the decision to establish the father of a minor or an adult but incapable child.

At the legislative level, there is no prohibition on the conclusion of a maintenance agreement concerning children born out of wedlock, nor is there a prohibition on the right of the applicant to obtain a court order.

What documents are required to enforce maintenance on parents?

In order to collect child support through court, the parent should be provided with:

• The application is in triplicate (two for trial, one for the plaintiff).
• The passport of the applicant and its copy;
• Birth certificates for children as defendants;
• Certificates that confirm the claimant ' s need (e.g., pension certificate, pension information document).