how to apply for alimony outside of marriage (if not scheduled), documents, application for alimony in a civil marriage - how to apply for alimony if the child is not registered with the father

Every child has every right to love and attention from both of his parents, as well as to financial support from them. And it doesn’t matter at all whether he was born from legal spouses, or whether his parents did not officially register their relationship.

Child support out of wedlock

Even if a child was born from a couple who were in a civil marriage or never lived together, he has every right to receive funds for his maintenance. They must be paid by the parent with whom the child does not live under the same roof.

It is possible to recover alimony from such a father, but only if one of two special conditions is met:

• he must be included in the birth certificate (the child’s registration with the civil registry office took place with his participation and he agreed to indicate his data in the “father” column),
• he is recognized as the parent of the child according to a court decision (this can happen both at the request of the father himself and at the claim of his common-law wife).

If we compare it with an official marriage, then one fact of registered marital relations is enough to include both parents in the birth document according to the words of only one of them. Therefore, you can start collecting alimony immediately.

How to establish paternity

Not a single woman will be able to claim alimony for the maintenance of a child from his second parent if his birth certificate contains handwriting in the “father” line. She needs to find out how to establish paternity, and only then can she apply for child support.

It is very important to find out the reason for this dash:

• the father does not renounce his relationship with the child, he simply did not have the opportunity to be in the registry office when registering the newborn,
• the father refuses to recognize the child as his own, or has never even met him,
• The child’s mother is categorically against having information about his biological father included in the document.

It happens that proof of the relationship between the father and the child is necessary due to the fact that his mother has died, been declared incompetent by the court, or has been deprived of parental rights to the child. These cases can be attributed to our third reason.

In the first situation, parents simply need to contact the territorial registry office or the judicial authority, receive a document confirming the fact of paternity and make an amendment to the birth certificate of the child.

In the last two cases, the fact of relationship between father and child can be confirmed only in court.

How to become a parent through court

If the parent himself wishes to confirm the fact of his paternity, then he must file a claim in court. The application will need to be accompanied by:

• identification document (passport),
• child's birth certificate,
• evidence of the relationship between him and the child (ideally this is a 99.9 percent positive DNA test result, as well as documentary sources, joint photographs and witness statements),
• a document confirming the death of the child’s mother, a court decision declaring her incompetent or deprived of parental rights, etc. (if paternity is established for one of these reasons).

Facts where the biological father of a child denies in every possible way his relationship with him are much more common.

And the reason for this is often that most men in this way try to avoid alimony obligations to their children.

In such cases, the burden of proving the relationship of her child and his actual father falls on the shoulders of the mother; this is done by filing a statement of claim to establish the fact of paternity.

Legal nuances in the Family Code in the procedure for establishing the origin of a child.

Article	Content
Art. 48	establishing the origin of the child.
Art. 49-50	establishing the fact of paternity and recognizing it in court
Art. 51	entry of the child's parents in the birth register.
Art. 52	challenging paternity or maternity
Art. 53	rights and responsibilities of children born out of wedlock (between their parents).

She will also need to present to the court:

• your passport,
• child metrics,
• details of the child's alleged father,
• evidence that can confirm the fact of paternity: all kinds of documents or testimony indicating their cohabitation both immediately before the birth of the baby and after that; photographs from the family archive showing father, mother and child; but the greatest evidentiary force will have a positive answer from genetic experts about the alleged relationship.

When considering cases of this category, the judge calls the plaintiff, defendant, and witnesses to participate in the hearing. Sometimes the child himself is invited if he has already reached the age of 10 and is able to express his own opinion on this issue.

If, by the time the application is filed in court, a genetic examination has not been carried out (for example, the putative father refuses to provide the biological samples necessary for its conduct), then the judge has the right to order it forcibly and continue the proceedings in the case after receiving the results.

The responsibility for paying for the DNA examination falls on the shoulders of the plaintiff. If the result turns out to be positive, that is, the biological samples taken from the father and child match on most points, the defendant will be obliged to reimburse the plaintiff for the money spent for the investigation.

If, after studying all the arguments of the parties and the evidence they presented, the court considers them sufficient and undeniable, then the decision will be positive - the judge will issue a decree recognizing paternity.

Alimony when establishing paternity and the procedure for collecting it

A child who was born out of wedlock and who has only one documented parent (usually the mother) also has the right to receive child support from the father. To do this, the child's mother must contact a judicial authority and file a claim.

This can be done at your place of residence

It is no different from the usual procedure for paying alimony for a child born in an official marriage.

After confirming the fact of relationship, the child immediately has the full right to receive funds for his maintenance from the “newly made” parent.

Now is the time for parents to think about how to apply for alimony, if it is not written down, in what terms, in what way and from what amounts alimony will be paid for the maintenance of the child. We talk more about some of these issues in the article - https://divorceinfo.ru/2518-s-kakih-summ-dohodov-uderzhivayutsya-alimenty-na-rebenka

Parents will be able to approach the resolution of this issue in a civilized manner and enter into an agreement on the payment of alimony, which will help save them from additional hassle.

In the settlement agreement, parents should indicate the amount of child support, the terms and conditions of their payment.

After drawing up and signing by both parents, this document must be endorsed by a notary, only then will it have legal force similar to that of a court order or writ of execution.

It will be executed by bailiffs, and for this there is no need to go to court.

Article 103 of the Family Code of the Russian Federation reflects that in the interests of children, the amount of alimony specified in the agreement should not be less than that established by law.

Along with documents establishing the identities of the parents and the child, the notary will require the presentation of a court decision on establishing paternity or another document proving his relationship with both parents.

If the common-law spouses have not formalized a voluntary alimony agreement, then they must file for alimony outside of marriage in court. You can find out more about how to apply for alimony if it is not scheduled on this page.

The mother should file a claim with the magistrate at the site that is assigned to the father’s residential address.

In the office of the court they will demand from her: a birth certificate for the children for whom she wished to collect alimony, a certificate of paternity (or a corresponding court decision), information about the defendant’s residential address, as well as about the organization where he is employed, and all kinds of sources of income.

The judge will be able to examine the submitted documents without holding a court hearing. After this, he will issue a court order to assign and pay alimony, indicating its amount established by law. The order must indicate that alimony will be collected from all income available to the defendant, as provided for by law.

Copies of the court order are issued to the plaintiff and also sent to the defendant and the bailiff service. It is important to make sure that the order is received by the recipients and registered with the bailiff service. Only after this will the last measures be taken to ensure the execution of this order.

You will have to collect alimony for an illegitimate child by filing a claim in a city or district court if:

• the plaintiff will demand the assignment of alimony payments in firmly established monetary terms,
• the clauses of the voluntary child support agreement are not fulfilled by the second parent,
• There is no information about the place of residence and income of the second parent.

A statement of claim, which may indicate the above circumstances (either one or all at once), is submitted along with documents: copies of a passport, a child’s birth certificate, a certificate or court order establishing paternity and the rest of the list of documents required in each specific case.

Typically, such cases are considered by a judge with the participation of both parties.

The judge sends the decision made, along with the writ of execution, to the bailiff service. Its employees will have to search for the defendant and collect alimony payments from him.

When is alimony due?

The right to receive alimony payments arises from the moment when the fact of paternity was established, and not from the date of birth of the child. If paternity is established after a judicial review of the case, then the date from which alimony should begin to be collected will be the date the court decision enters into legal force.

If a claim for the collection of alimony is filed much later than the fact of paternity has been established, then the applicant will be able to file claims for the collection of alimony for the past period, but only from the moment of proof of the relationship between the father and the child.

How to apply for alimony outside of marriage, in a civil marriage, if the child is not registered with the father

Home / Alimony / How to apply for alimony outside of marriage, in a civil marriage, if the child is not registered with the father

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It is difficult to get help from a man to support a child if the marital relationship has not been registered. It is even more difficult if the father doubts the origin of the child. And if there is a dash in the “Father” column on the birth certificate, there are no legal grounds to demand money from the man.

In this article we will look at how to collect alimony if the man and woman were not married, and therefore the alimony obligations are called into question.

Is it possible to apply for alimony without marriage?

It does not matter whether the child was born to a husband and wife, or to a man and woman who are not officially married. Children have the right to receive financial support from both parents, and parents are obliged to support their minor children (Article 80 of the RF IC).

And if in fact only one of the parents (usually the mother) supports the child, you need to apply for child support for the second parent (father) - even if it is not scheduled.

Of course, this requires compelling reasons. In particular, the paternity of a man with whom the woman, the child’s mother, is not married, must be established or proven.

What to do if the father does not recognize the child?

According to Art. 47 of the RF IC, the rights and responsibilities of parents arise on the basis of the established origin of the children. Without voluntary recognition of paternity or judicial establishment of paternity, further collection of alimony is impossible.

It follows from this that two scenarios are possible:

• A man recognizes paternity of a child born without marriage. Then the man and woman should apply together to the registry office and enter information about the father in the civil register and the child’s birth certificate (according to clause 3 of article 48 of the RF IC);
• The man does not recognize paternity. Then the woman will have to go to court to confirm or deny the fact of the child’s origin from a man (according to Article 49 of the RF IC).

Therefore, if a man claims that there is no connection between him and the born child, the woman will have to go to court with a claim to establish paternity.

Establishing paternity in court

The judicial process of establishing paternity consists of several stages:

1. Filing a claim. In addition to basic information (name and address of the court, information about the parties - plaintiff and defendant), the claim must contain the following information:

• how a man and a woman were in an unregistered family relationship, how they lived together, ran a joint household;
• how, when the children were born;
• when the relationship ended;
• why a man refuses to recognize paternity and avoids providing financial support for the maintenance of a child;
• claims: to establish the fact of paternity. Additional claims: to recover child support.

The statement of claim must be accompanied by documents or other evidence reliably confirming the origin of the child (according to Article 49 of the RF IC).

1. Filing a claim. A woman should apply to the district court - either at her own place of residence (if minor children live with her) or at the man’s place of residence.
2. Trial. The court considers all proposed evidence (witness testimony, telephone conversation records, photographs and videos, documents, letters) that can reliably confirm the origin of the child from his parents . But, without a doubt, the most convincing evidence can be genetic testing. It is carried out on the basis of a blood test and allows you to establish with maximum certainty the relationship between a man and a child.
3. Registration of paternity. A court decision to establish paternity is the basis for applying to the registry office and entering data into the registration book and birth certificate.

After the man’s paternity is established in court, information about the father will be entered into the child’s birth certificate, and the woman will be able to demand alimony from the legal parent - voluntarily (by concluding an agreement) or forcibly (by going to court).

Alimony agreement

It is possible that a man and a woman, who until recently lived as one family, will be able to find a common language and resolve the issue of financial support for their common children.

If a compromise is reached, the man and woman should put it in writing. The created document will be called an alimony agreement - it will provide for all the conditions for the payment of alimony:

• Amount of payments;
• The procedure for calculating the amount (agreed flat amount or percentage of earnings);
• Regularity and frequency of payments;
• The procedure for alimony payments (withholding from wages, handing over in person, postal or bank transfer).

The document should be drawn up in a notary's office - the notary's certification mark equates it to a writ of execution.

During a visit to the notary’s office, parents must have the following documents with them: passports, the child’s birth certificate, a court decision to establish paternity (if one was made), as well as details (postal or bank) to which funds will be transferred. Notary services are paid; parents should have a sum of money (about 5 thousand rubles) with them to pay for the notary service.

With a certified alimony agreement, it will be possible to contact the bailiff service for forced collection if, for some reason, the terms of the agreement are not fulfilled by the father voluntarily.

Judicial collection of alimony

You have to resort to a lawsuit - lengthy, troublesome, and unpleasant - if you cannot resolve the issue peacefully.

Legal proceedings for the collection of alimony outside of marriage may be...

• Orderly . It applies if the fact of paternity and the place of residence of the father are established. In this case, an application is submitted to the court to issue a court order. The trial is carried out by the court itself - without inviting the parties; as a result of the consideration of the case, a court order is issued - a writ of execution for the collection of payments.
• Iskov . If there is a dispute about paternity, if the father’s place of residence is unknown, if the father does not have a permanent job and income, if the terms of the alimony agreement are not met, a statement of claim is filed in court. As a result of consideration of the case, the court makes a decision, which is formalized by a writ of execution on the collection of alimony.

The issue of collecting alimony can be resolved in one court hearing with the resolution of the issue of establishing paternity. In this case, the corresponding claims must be included in the claim (a sample statement of claim with several claims is below). Additional documents (for example, income certificates) must be attached to the claim.

Statement of claim for the recovery of alimony without marriage (sample)

• Name of the court to which the application is submitted, location;
• Information about the child’s unmarried parents—the plaintiff and the defendant (full name, date of birth, place of residence);
• Statement of the circumstances of the case: common-law husband, father of the child (indicate - paternity has not been established, confirmed voluntarily or established in court), refuses to financially support the family, does not allocate funds for the maintenance of the child, does not take part in the upbringing of the child;
• Justification of the method of collection (as a percentage or a certain amount) and the amount of alimony: a description of the father’s income and child support expenses along with a link to evidence - checks, receipts, invoices;
• Reference to the provisions of family legislation (Articles 49, 80-81, 106 of the RF IC);
• Request for alimony (either in a fixed amount or as a share of earnings).
• List of attachments (documents that confirm each circumstance set forth in the claim);
• Plaintiff's signature;
• Date of filing the claim.

Documentation

The following documents must be attached to the statement of claim (or application for the issuance of a court order):

• Passport (identity confirmation);
• Child's birth certificate;
• A court decision to establish paternity (if paternity has already been established in court);
• Certificate of family composition at the place of residence of the mother and child (extract from the house register);
• Documents on the income of the mother and father, justifying the amount and method of collecting alimony;
• Other documents.

The plaintiff is exempt from paying state fees for child support disputes in the interests of minor children.

Amount of alimony, if not specified

If a man and a woman decide to draw up an alimony agreement, they have the right to provide for any amount and procedure for paying alimony - within reasonable limits, of course, so that the rights of the child and the parent are not violated.

If the court intervenes in the case, it is no longer guided by the wishes of the parents, but by the requirements of the law. And the law establishes clear requirements for the amount of alimony, both for divorcing spouses and for married or living in a civil partnership.

If a parent's income is fluctuating, the court may find it reasonable to pay child support not as a percentage of fluctuating income, but rather as a specific fixed amount. The calculation of the fixed amount is based on the cost of living or the minimum wage in the region of residence of the parent.

When is alimony calculated if the marriage is not registered?

The calculation of alimony begins not with the beginning or termination of cohabitation without marriage, not with the birth of children, but from the moment the claim is filed in court.

Is it possible to request alimony from the court for a longer period if, before applying to the court, the child was left without financial support for a long time? Yes, such a possibility is provided for by law. Under special circumstances, it is possible to collect alimony for the 3 years preceding the application to the court. But, if at that time paternity had not yet been established, then the man was not obliged to provide for the child. Therefore, he is not obliged to pay alimony for the past time.

Immediately after a positive court decision is made, the writ of execution for the recovery of funds is sent to the accounting department (at the father’s place of work) or to the Bailiff Service (at the father’s place of residence) - to open enforcement proceedings, calculate and withhold monetary payments. There is no need to wait for the court decision to enter into legal force.

Procedure for withholding and paying alimony

For a child born without marriage, alimony is paid according to the same rules as for children born in marriage.

This is possible based on:

• Notarized alimony agreement;
• Court order;
• Court decisions.

Each of these documents is subject to immediate execution.

If a parent does not consider it necessary to pay child support voluntarily, the second parent should contact the bailiff service to forcibly withhold money from the father’s income.

Bailiffs establish the place of residence and work, income and property of the parent.

The second parent is encouraged to provide any information about the location, work, income, property of the alimony payer - thereby increasing the likelihood of collecting the necessary amounts of money. If the parent's information cannot be identified, law enforcement agencies are involved in the search.

How to avoid child support outside of marriage?

If a man submitted a joint application with his mother to the registry office and was recorded in the child’s birth certificate as the father, this means that he voluntarily recognized paternity (according to Art.

47-48 of the RF IC) and bears parental obligations to the child, including obligations for his material support (Article 80 of the RF IC), regardless of whether he is married to the child’s mother or not.

 In this case, it will not be possible to “change your mind” and voluntarily relieve yourself of the obligation to provide for the child.

But if the man did not submit a joint application with the woman to the registry office, and did not voluntarily recognize paternity, he is not obliged to support the child (even if he is registered as the father “according to the mother’s words”).

The mother can file a lawsuit to establish paternity and collect alimony. Until the court makes a positive decision, the man is not obliged to pay alimony.

In addition, he can file a counterclaim to challenge paternity.

To file a counterclaim, you will need to pay a state fee (300 rubles for a claim of a non-property nature).

There is no point in avoiding participation in expert research.

If a man refuses to participate in an examination to establish paternity ordered by the court, does not appear at the appointed time for medical procedures without a good reason, and does not provide the expert with the materials and documents necessary for the examination, the court may make a decision to establish paternity without conducting an examination . According to Art. 79 of the Civil Code of the Russian Federation, the court takes into account which party is evading the examination and what significance its result has for the case, and on the basis of this it can recognize the fact of paternity as established or refuted

If the relationship between a man and a child is not confirmed, child support claims will no longer apply.

Alimony outside marriage

It is possible to collect alimony for minor children even if the marriage between the parents was never concluded , that is, even without marriage . However, in this case (if the relationship with the father has not been registered), the child’s mother, who is caring for him, does not have the right to demand alimony for herself.

Many mothers wonder how to apply for alimony if the marriage has not been registered. Women should keep in mind that establishing paternity is a mandatory condition for collecting alimony for a child born out of wedlock.

The amount of alimony for illegitimate children does not differ from the amount of financial assistance for a child born in an official relationship. In this case, payments can be made either voluntarily - by concluding an agreement, or compulsorily - by going to court (a sample claim is presented below).

What do you need to file for alimony without being married?

According to Art. 53 of the Family Code (FC) of the Russian Federation, children born to persons who are not married to each other, if paternity is established in their relation (i.e., kinship is confirmed), have equal rights with children born from persons who registered a marriage union .

You can apply for alimony for your common-law husband only in the following cases :

• paternity was established in relation to the son or daughter in the registry office, which is confirmed by a separate document - a certificate of paternity;
• paternity has been established by a court decision;
• the cohabitant of the child's mother adopted him or her.

The most important condition for collecting alimony in a civil marriage is certainly the establishment of paternity - a legal procedure for confirming the relationship between the father and the child, without which it is impossible to realize the property, inheritance, material rights of a minor in relation to the parent.

In other words, if the child’s father is not indicated in the documents (or is indicated “according to the mother”), the registration of alimony outside of marriage must be preceded by a procedure for establishing paternity :

• voluntary - in the civil registry office with the participation of the father and mother (part 3 of article 48 of the RF IC);
• forced - by decision of the district (city) court (Article 49 of the RF IC). At the trial, the issue of establishing paternity can be resolved in parallel with the assignment of alimony.

Another condition for collecting alimony for a child born out of wedlock is the actual evasion of one of the parents from participating in its maintenance (i.e., failure to provide material or other assistance to ensure the normal functioning of the minor). In this case, it also does not matter whether the “draft dodger” lives separately from the child or with him.

Example . Leonid K. lives with his common-law wife Ekaterina and their son together; after birth, paternity of the boy was established in the registry office.

Living together with his family, Leonid, addicted to alcohol, stopped giving Catherine funds to buy food, clothes, shoes and other needs for her son.

Despite the absence of an officially registered marriage union and living in the same housing area, Ekaterina filed a claim in the magistrate’s court to collect alimony from Leonid in favor of her son, as a result of which her claim was satisfied.

Is it possible to collect alimony for the maintenance of the mother of a child in a civil marriage?

According to the provisions of Chapter 14 of the RF IC “Alimony obligations of spouses and former spouses,” spouses, and in some cases, former spouses, are obliged to provide each other with material support.

If a marriage relationship has been officially registered , then the mother caring for a child under 3 years of age has the right to demand alimony from her (former) spouse.

However, if the couple lived in a civil marriage (i.e. there was no official registration of the relationship), then alimony can only be collected for a common minor child . In this case, the child’s mother has no legal grounds to demand alimony for her maintenance, even if the common child is not yet 3 years old.

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The method of processing alimony payments for both married and non-married persons is no different, and can be voluntary or forced.

Agreement on payment of alimony in a civil marriage

If the parents are not married, but paternity of the child has been established, the most convenient and less expensive way to arrange alimony is to conclude an alimony agreement (Articles 99, 100 of the RF IC), endowed with the legal force of a writ of execution .

To draw up an agreement, parents must:

1. Mutually agree on all terms of payment of funds in terms of amount, frequency of payment, method of transfer to the recipient.
2. Submit the following documents to the notary office for child support without marriage:
   • passports of mother and father;
   • child's birth certificate;
   • certificate of paternity (or similar court decision) - if necessary;
   • certificate from the payer’s place of work;
   • details of the recipient's bank card or account.
3. Pay the cost of notary services - the price may vary, for example, in the Bryansk region in 2023, notaries will charge 5,250 rubles . It is better to check the exact cost directly with the notary office.

The agreement is drawn up on a special form, certified by the signatures of a notary, payer and recipient, and issued in the original to each of the parties.

In case of non-fulfillment of the payment terms reflected in the document, the agreement can be transferred by the collector directly to the place of work of the person liable for alimony for subsequent deduction of funds from wages (Article 109 of the RF IC) or to the bailiff service to initiate compulsory enforcement proceedings.

You can find detailed information on the procedure for drawing up a notarial agreement

→ in the next article ←

If the parent who evades maintenance is against concluding a notarial agreement, it is possible to recover alimony from him only in court:

1. By applying to the magistrate’s court at the place of residence of the plaintiff or defendant, Art. 29 of the Code of Civil Procedure of the Russian Federation with an application for the issuance of a court order (Article 121, Article 124 of the Code of Civil Procedure of the Russian Federation). In this case, it is necessary to take into account the specifics of filing such an application:
   • you need to know exact information about the debtor-defendant (full name, address, contact numbers);
   • the method of withholding funds can only be shared (for 1 child - 1/4 of the income, for two - 1/3; for three or more - 1/2) - in accordance with Art. 81 RF IC;
   • it is impossible to collect funds for the past period;
   • the defendant has the right to object to the claimant's application; in this case, the court order is canceled without giving a reason (further appeal to the court on this issue is possible only by filing a similar statement of claim ).

This method of collecting alimony is simplified, since in this case a court hearing is not held, and the decision itself is made by the court within 5 days from the date of application. If it is impossible to fulfill at least one of the conditions for filing an application for a court order, the child's mother must file a claim.

2. By applying to the magistrate's court according to the rule of alternative jurisdiction (Part 3 of Article 29 of the Code of Civil Procedure of the Russian Federation) with a statement of claim for the recovery of alimony from the defendant (Article 131 of the Code of Civil Procedure of the Russian Federation). The statement of claim is considered by the court with the appointment of a hearing, and implies:

Sample application to the magistrate's court for the issuance of a court order

A sample application for the issuance of a court order in a case of collection of alimony for a child without marriage can be downloaded from the link.

In the magistrate's court of the Bezhitsky district of Bryansk , Bryansk, st. Young Guard, 41

Claimant: Simonenko Oksana Valerievna, Bryansk, st. Beregovaya, 14-2, tel. xx-xx-xx

Debtor: Burov Yuri Ivanovich, Bryansk, st. Orlovskaya, 114-26, tel. xx-xx-xx

Application for a court order to collect alimony

Collection of alimony without marriage

• In this article, we will step by step understand the issue of how to apply for alimony if the parents were not married, what documents and evidence the court needs to make a decision, and also how to correctly draw up a statement of claim.
• As in many other issues, the collection of alimony outside of marriage has several interesting features and its pitfalls.
• In this material you will learn everything that our lawyers have encountered in similar cases.
• Content:

Alimony in a civil marriage

In order to find out how alimony is collected in a civil marriage, you first need to decide on whom it needs to be collected. So, according to the legislation of Ukraine, you can collect alimony without a registered marriage for:

• maintenance of a woman and a man who are not married to each other, but have lived in the same family for a long time;
• maintenance of a child born to a couple who are not married to each other and/or who live in a civil marriage.

Now let's look at each situation separately.

Alimony for the maintenance of a woman and a man who are not married to each other

The right to alimony for women and men who are not married is provided for in Article 91 of the Family Code of Ukraine. So, according to him:

• If a woman and a man who are not married to each other lived as one family for a long time, the one of them who became disabled during their cohabitation has the right to maintenance in accordance with Article 76 of the Family Code of Ukraine. Here we have to prove the fact of cohabitation by one family without registering a marriage, which occurs in court.
• A woman and a man who are not married to each other have the right to maintenance if their child lives with her, in accordance with parts two - four of Article 84 and Articles 86 and 88 of the Family Code of Ukraine. Here the connecting link is a joint child, regardless of whether his parents lived as one family or not.

Thus, if the other party is not going to pay alimony for your maintenance, you have the right to go to court to protect your rights and interests.

Child support out of wedlock

In accordance with Art. 141 of the IC of Ukraine: “Mother and father have equal rights and responsibilities regarding the child, regardless of whether they were married to each other.”

Therefore, alimony for a child whose parents were not married to each other is collected and calculated according to the general rules for collecting alimony .

However, sometimes it happens that the column “father of the child” is written down from the words of the mother. How to collect alimony in this case?

According to Part 2 of Art. 125 of the IC of Ukraine: “If the mother and father of the child are not married to each other, the child’s origin from the father is determined:

1. 1) at the request of the mother and father of the child;
2. 3) by court decision.”
3. As you can see, there are two ways to recognize paternity:

• voluntary - at the request of the mother and father of the child
• forced - by court decision.

Each of which is determined based on the current situation. If you can reach an agreement peacefully, great, but if not, then only through the courts.

In the second case, you will have to tinker a lot in order to start collecting child support, because the first stage is recognizing paternity and making changes to the birth certificate, and the next step is collecting child support.

Such claims, as a rule, are filed separately, although some courts accept them in one proceeding, which allows the collection of alimony to begin much earlier.

Required documents for alimony without marriage

In order to be able to go to court to collect alimony without marriage, you need to collect a certain package of documents, namely:

• passport
• certificate of TIN assignment
• child's birth certificate
• court decision recognizing paternity
• certificate or act confirming cohabitation
• certificate of family composition
• certificate from place of work
• additional certificates, receipts and checks that may affect the determination of the amount of child support

Having prepared all the necessary documents, you proceed to the next stage - drawing up a statement of claim to the court.

You may also be interested in the material:

• alimony during marriage;
• alimony from the unemployed;

Application for alimony in a civil marriage

• The final stage is filing a claim in court to collect alimony.
• Samples of applications to the court:
• As for determining the jurisdiction of the court to which it is necessary to file a claim, it is chosen by the plaintiff and can be filed at the registered place of residence or stay of the plaintiff.

Get legal advice

The legal portal prosto-alimenty.com allows users to receive qualified legal advice on alimony in Ukraine completely free of charge.

To do this, you just need to fill out the form and describe the essence of the question. If necessary, you can attach documents you already have. Our alimony lawyers will give you an answer to any question you may have regarding alimony within a few hours.

Application for alimony: sample 2023, how to file a claim for alimony without marriage

Updated 08/21/2022

2016-12-05T20:15:00+03:00

In this article, we will analyze the process of assigning alimony, find out what documents for alimony for a child without marriage are needed to file a claim in court, and provide a sample application for alimony without marriage for downloading.

Both parents, who have not formally registered their marital status with a civil body or who have entered into only a religious union, must care for, raise and provide financially for their children.

Therefore, alimony for the mother of a child outside of marriage is formalized and claimed in the same way as for a marriage registered in the registry office. The whole difference lies solely in the mandatory procedure for confirming parenthood.

How to apply for alimony in marriage without divorce.

The easiest way: when registering a baby, write his data in the birth document with the consent of the father. Otherwise, in order to receive child support for a child without marriage, parenthood will have to be confirmed in court.

In the second option, an essential aspect will be the recognition of the fact of biological paternity by the cohabitant himself. The mother herself needs to present to the court evidence that this particular citizen is the biological father.

When deciding to impose alimony obligations, the court takes into account the weight and irrefutability of the plaintiff’s arguments, for example, the results of a genetic DNA analysis.

Only after confirmation of the fact of parenthood can you write an application for child support (2023 sample) .

We recommend reading the article on how to file a claim to challenge paternity.

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If the participants in the process do not come to an agreement with each other on the amount of maintenance for their children, then the court, guided by Article 81 of the Family Code of the Russian Federation, passes a verdict requiring monthly contributions for children in shares of the total income.

Amount of alimony:

• 1/4 of income per child;
• 1/3 for two kids;
• 1/2 for three or more.

• The exact amount of child support for an unmarried child is determined by the court, based on data on the financial and family status of the participants in the process.
• In addition, if the payer does not have regular cash receipts, or their value is not constant (for example, fees), or his payment is in kind, the court, based on Article 83 of the RF IC, may decide to impose alimony payments in a specific monetary amount. calculation, or in parallel with the designation of the share or percentage of earnings, indicate the amount of money for transfers every month.
• If the court orders payments in a specific monetary equivalent, the calculation of the amount of transfers is made taking into account the minimum wage and subsistence level established in the region for minor citizens.

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It will be useful to know how the cost of living is calculated.

Parents of children can independently agree on the amount and method of payments without filing a lawsuit to claim alimony for a child without marriage. To do this, you need a notarized agreement on the payment of alimony.

Which will specify the amount of alimony assistance, monthly subsidies in the form of shares or percentages of the parents’ earnings or in a specific calculation.

However, such a document is recognized as valid only if the monetary equivalents provided for raising the child are equal to or greater than the amount of alimony provided by law.

By the way, find out up to what age child support is paid.

The process of assigning alimony support is influenced by numerous factors, so it can be both relatively quick and long.

The easiest way for events to develop is to sign a voluntary agreement on child support between the parents (it doesn’t matter whether they are cohabitants or no longer).

Participants in the process take on responsibilities and follow them at their own discretion.

When, with consent, one of the participants does not comply with its requirements, or such a document does not exist at all, then you can obtain alimony for your wife on maternity leave outside of marriage by writing an application to the court for the issuance of a court order, or immediately filing a claim.

Civil marriage is not a reason to refuse alimony.

If the fact of parenthood is confirmed and the location of the father is not a secret, but the baby’s parents have not signed an agreement on child support, then the mother has the right to write an application for child support outside of marriage to the magistrate’s court at the place of residence of the defaulter. To do this, an application is sent there for the issuance of a court order to impose alimony maintenance.

Having accepted and examined all the materials, the court, without the presence of the participants in the process, will issue a court order to impose alimony support in the amount prescribed by law, indicating that the income from which deductions must be made includes the entire total of the profits received.

In order for the court order to be properly executed, it is better for the plaintiff to check for herself that the defendant was given a copy of the document, and also that it was delivered and registered with the Bailiff Service, which will be responsible for fulfilling the requirements of the order. Child support is also collected from a non-working parent.

This method of assigning alimony is somewhat more complicated. However, it is resorted to when the plaintiff, in order to protect the material rights of the child, demands the imposition of payments in a specific monetary value, or when the defendant ignores the agreement on alimony maintenance, and there is no information about his location and the amount of his income.

Read about filing a claim in court for alimony.

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Download: Sample application for alimony without marriage

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The following documents must be attached to the claim for alimony for a child without marriage:

If the defendant has missed payments for earlier periods, then it is also necessary to provide a calculation of these debts. Such cases are dealt with on the merits with the appearance of both participants in person, possibly in absentia if everyone was duly informed more than twice about the proceedings of the claim, but were not present at the hearings.

1. When receiving a court decision in the case of claiming alimony outside of marriage, you must also obtain a writ of execution and send it to the Bailiff Service for subsequent execution.
2. Additionally, it is recommended to read: what to do if alimony is below the subsistence level.
3. Request for alimony support for illegitimate children is carried out on the basis of:

• writ of execution;
• Court order;
• Consent to the payment of alimony subsidies, notarized.

Work on these documents begins immediately after registration with the Bailiff Service and is provided with priority, that is, before the claims of other creditors of the alimony payer.

Having documents for execution on the claim of alimony for an illegitimate offspring, the bailiffs inform the alimony obligee of the need for voluntary payment.

If refused or ignored, the bailiff identifies the entire totality of the defaulter’s income and withholds the amount of the debt. At the same time, the plaintiff needs to know how to find out the alimony debt.

 If no official earnings are found, then the claim may be directed at the property of the alimony evader.

• If the defaulter’s location and employment cannot be found through official inquiries, documents are sent to law enforcement agencies to search for him in order to subsequently fulfill the requirements of the order, writ of execution, or notarized consent.
• The plaintiff herself can greatly increase the chances of receiving alimony for the mother of a child out of wedlock if, at the stage of enforcement proceedings, she provides all the information she has on the location and earnings of the alimony evader.
• Additionally, we recommend reading: how to fill out a sample application for waiver of alimony.