When you can apply for alimony after a divorce — in what period, period, time

Most women apply for both divorce and alimony, but sometimes, under a number of circumstances, alimony claims are filed later, for example, if the defendant initially paid the child ' s maintenance money voluntarily and then stopped.

What is the procedure for the payment of maintenance

In the claim, the applicant must state:

• Personal data: theirs, the defendant and the child(s);
• The estimated amount of maintenance (a fixed amount or a percentage of the payer ' s income) and the frequency of payments;
• From when the defendant stopped paying alimony (i.e. when the debt arose);
• Qualitatives for receiving payments;
• Other information relevant to the court (e.g. data on the defendant ' s wages or other sources of income, information on the property situation).

The Office registers the filing of the application from that day onwards and will receive alimony rather than from the time the judgement is deliveredIt should be noted that the judge tries to deal with maintenance cases first, but if claims for payment and divorce are filed at the same time, the judge will give at least a month to reconcile, so it will have to wait.

Upon receipt of the executive document – copies of the judgement or extract from the judgement – the recipient is entitled to:

1. Call for bailiffs (which is most often the case), the bailiffs initiate enforcement proceedings and initiate a process of retaliation.
2. If the recipient knows the place of work of the ex-husband or ex-wife, that would be the best option.
3. Hand over copies of the documents to the payer personally so that he can decide what to do, the latter method is rarely used, because if a debt has already arisen once, there is no guarantee that the money will be transferred later without complications.

Time limits for applying for alimony

There are such misconceptions when alimony is to be paid:

• From the moment of the judgement;
• From the moment of divorce;
• Since the adoption of the documents by the bailiffs;
• From the time the payer received notice from the bailiffs or a letter from the payer.

Article 107 of the Family Code of the Russian Federation grants alimony from the time of filing an application to the court, i.e. to register it with the court ' s office; the court ' s decision does not affect the time of payment, as does the time of divorce and the time of notification of the payer.

The law provides for the possibility of recovery of alimony for an earlier period if it is proved that the payer has tried to obtain from the defendant in every way possible.

This period is limited to three years.

That is, in a situation where, for example, a woman divorced the child's father five years ago, and only now has she applied to court for alimony, she will only be able to claim payment for the last three years.

Three subtle moments must be taken into account:

1. A period of three years is important, if only the original claim is made; if the court has already ruled, but the payer has not paid the money, he will be liable for the entire period of non-payment, and the penalties and fines will be added.
2. The recipient needs to prove that every effort has been made to ensure that the payer sends the money voluntarily, for example by attaching copies of letters sent with claims for payment of arrears.
3. If the judgement is obtained, but for some reason the woman has not applied to either the bailiffs or the accountant of the enterprise where the defendant works, or to the defendant himself, the statute of limitations is irrelevant. The recipient, whether the parent or the child itself, may apply for recovery at any time, even ten years after the judgement has been rendered.

Maintenance liabilities over the past month lie in immediate liquidation, no matter how long they are paid; if there is a debt, they are then settled upon further payment.

Debt collection

There is no statute of limitations for the collection of debts; if a debt has been incurred, the service of bailiffs should be contacted; they calculate the amount of the debt, add fines and penalties (0.5 per cent of the amount of the debt for each day of arrears) and issue an order.

This document should be referred to the court; after a favourable decision, the executive documents must be returned to the bailiffs, who will take the necessary steps to recover all the money they have paid.

Debts can be recovered after the child reaches the age of 18 – until that time the alimony is paid – but the time limit is limited to three years, with penalties being paid for the entire length of the debt, i.e. the "upper" of the 18-year threshold.

From when does child support get paid?

Most often, a woman filed a claim for alimony with her application for divorce, but the law provided that a claim for maintenance could be filed not only in the event of divorce, but also at any time after the dissolution of the cohabitation.

Maintenance obligations are effective from the time the application is registered with the court registry (article 107 of the Criminal Code); the date of the divorce and the court decision does not affect the payment of maintenance payments.

Monthly maintenance is not limited to minors; the law provides for alimony for a former spouse who is raising a child under the age of 3, or is in the care of a joint 1.2-group disabled child.

Parents may agree to the payment of maintenance by peaceful means; when an agreement between the parents is concluded, maintenance obligations begin at the time specified in the agreement or at the time the agreement is signed.

The maintenance agreement must specify the amount of monthly payments, fines and damages for non-compliance.

The terms of the treaty must not conflict with the law in force, and the rights of the child must be fully respected.

The peace agreement must be assured from the notary that it is the only way that it will become legally effective, that it will be treated as an executive note, and that it should be transferred to the accountant's place of work so that the money will be written off monthly.

Maintenance through court

The application will be heard by a justice of the peace within five working days, the hearing will be held without the participation of the payer and the recipient, and the decision will be communicated to the defendant by means of a registered letter, after having received the notice, he has 10 days to challenge the judgement, after which the applicant will be given the original court order, and upon a court order for maintenance payments, the payment will commence immediately after the application has been registered, even if the defendant decides to challenge the court decision.

If parents have disputes over children or property, a claim for maintenance payments should be filed with the District Court Office.

The order for the recovery of maintenance payments shall take effect immediately, immediately after the end of the trial.

Maintenances in the determination of paternity

If the father is not included in the birth certificate, the mother's divorce will require proof of paternity in order to receive maintenance.

The court will examine all the facts that can confirm the existence of a related relationship – correspondence, gifts, witness statements of uninterested persons.

If the facts are insufficient, a DNA expert shall be appointed by the court or at the request of one of the parties.

Until paternity is confirmed, the man does not have the father of the child from a legal point of view, so he cannot be required to pay maintenance for previous years.

Maintenances since then

If the child ' s rights had been violated, maintenance payments had not been fully received, the Family Code provided for the recovery of maintenance over the past three years, which could be done only through judicial proceedings, provided that evidence of non-compliance or improper fulfilment of maintenance obligations was provided.

Under what conditions may maintenance be claimed for previous years:

• A claim is filed for the first time - it is not possible to file an application for maintenance every three years;
• The mother has documents that confirm that in three years there have been attempts to obtain maintenance, but they have not produced any results.

If the parents signed a peace agreement, it would not be possible to recover maintenance payments from previous years.

Up to what age alimony is paid

In Ukraine, maintenance payments are provided for adult children, provided that they are enrolled in a full-time study unit in an educational institution of any kind; if the child has reached the age of 23, has dropped out of education, and has been transferred to a form of distance learning, the maintenance obligations of the father are withdrawn.

In Russia, parents are obliged to support children only until the age of majority (art. 80, 120), but in some cases the law provides for payment for a child over 18 years of age.

Reasons for the payment of maintenance to adult children:

• The child ' s inability to work;
• Group 1, 2 disability, in rare cases the court recognizes the usefulness of alimony payments for 3 disability groups;
• The need for expensive treatment.

In this case, the payer is obliged to support the child for the rest of his life, and the court may order him or her to pay alimony to the ex-wife if she has to take care of the disabled child at all times; she cannot get a job.

It's important to provide material assistance to a student that the father can volunteer, but it's not legally his responsibility.

The father may cease to pay alimony before the age of majority if the child has entered into marriage, works under an agreement or employment contract, and is engaged in business activities.

In some cases, payments were made for adult children, and minor children were required to receive alimony after the divorce of their parents in any case.

Otherwise, the father may be subject to various fines and penalties, including imprisonment.

From when (day) child support is paid

The payment of maintenance begins at the time the claim is filed with the court; parents may also resolve the matter peacefully by drawing up an agreement, then the payment will become mandatory from the date on which it was made; in some cases, the reference point for the payment of payments becomes the oral agreement.

No date shall be set for the calculation of maintenance payments:

• Divorce of spouses;
• The issuance of a judgement;
• Commencement of enforcement by bailiffs;
• A notice of recovery has been received by the payer.

What Maintenances Are

Maintenance payments are regular payments made during the year by a citizen in favour of his or her relatives who are unable to provide for themselves and are regulated by the fifth section of the Family Code of the Russian Federation. In accordance with the Family Code, penalties may be imposed on:

• Children;
• Parents;
• Current or former spouses.

Children are obliged to support both the mother and the father; if a husband and wife separate, the children remain with one of them, and the other is obliged to assist in the form of maintenance; payments are usually to be made before the age of majority.

And if you do not have the right to have a child, then if you do not have a child, then if you do not have a child, then if you do not have a mother or a father who is unable to work, you shall have the right to have a child; and if you do not have a child, then if you do not have a mother or a father who is unable to work, then if you do not have a child, then if you do not have a child, then if you do not have a child, then if you do so, you shall have a child; and if you do not have a mother or a father who is unable to work, then if you do not have a child, you shall have a child; and if you do not have a child, then if you do not have a child, then you shall have a child; and if you do not have a child, then if you do so, you shall have a child; and if you do so; and Allah is All Knowing, All Knowing; and Allah is Forgiving, Most Knowing.

The current or divorced spouses are also obliged to provide material assistance to each other.

• The spouse ' s incapacity to work;
• The wife ' s presence in the decree;
• The education of a disabled person.

How to apply for alimony after divorce: important nuances and features of the judicial process

Legal advice > Family law > Maintenances and benefits > How to file alimony after divorce: legal action or peace agreement

The dissolution of marriage is an unpleasant procedure for former spouses in which they may not always take into account all possible nuances and consequences of separation.

If, in the event of divorce, the spouses had not discussed financial issues relating to the maintenance of common minor children, one of them might well have to decide whether to do so after the dissolution of the marriage.

You can sue for alimony after the divorce.

Both parents are obliged to support a minor child in a material way, regardless of their wishes or possibilities, and a broken marriage is not a reason to abandon their obligations with respect to common minor children.

But while funds for the purchase of food, clothing, education, travel, etc. have previously been allocated from the family budget, divorces between former spouses often lead to disagreements.

If one of the spouses had not previously thought about the amount of money needed to support the children, the issue of material expenses could become a priority after divorce.

If the father, and in rare cases the mother of the child, refuses to take part in the child ' s financial support voluntarily, he may be compelled to do so by the State.

How long?

It is not necessary to delay a claim for maintenance; support from the former spouse in the form of a monthly or lump sum payment can only be received until the children reach the age of 18.

In rare cases, alimony is paid until the child completes his/her higher education; the application can be made at any appropriate time; this can be done within a month, a year or a few years after the divorce, and the money will be collected from the time they are claimed.

Thus, if the mother filed alimony for the father of the child when the child was five years old, but the divorce itself had occurred two years earlier, she would not be able to receive financial assistance in the past two years.

For example, a daughter or a son has a professional interest in sports or any other activity, and it is necessary to purchase expensive equipment and equipment.

If the court considers that the occupation is beneficial and will assist in the future choice of profession and the way of life that the spouse pays maintenance, it may be required to reimburse part of the expenses.

Possible grounds for recovery

The mere fact that there are minor children in the care of one of the spouses is the basis for the recovery of maintenance from the other, and both the mother and the father have the right to receive maintenance for the child ' s upbringing.

Where to put alimony

In a peaceful manner, you can sign up for alimony and all the accompanying nuances from a notary.

If the ex-wives are not hostile to each other and are willing to cooperate with each other, they are free to settle the matter of the child's maintenance.

This document discusses the amount and amount of maintenance, indicates whether the money will be transferred from hand to hand or credited to an account, and provides information on how long the former spouse can spend with the child if the agreement so wishes.

If the conflict between the former spouses is not resolved, the problem of the degree of participation of each of them in the child ' s fate can be resolved through a court of law, and the application must be lodged in the defendant ' s place of residence.

In rare cases, the application may be made at the claimant ' s place of residence.

This applies to situations where a child is small and a woman cannot leave him without long-term care to go to another city or even to the region.

What do you need to do that?

On the basis of article 80, paragraph 2, of the Code of Criminal Procedure, the dispute between the former spouses concerning the recovery of maintenance for the maintenance of the children is settled by a court; in order for the maintenance case to be brought before the court, a minimum package of documents must be prepared and a statement must be made; it must be borne in mind that only the parent who has custody of the minor child may require maintenance.

Necessary documents

Before you file a lawsuit, check carefully to see if you have all the documents on the list!

In order for the claim for maintenance to be successful, it is necessary to attach a package of documents including:

• Identification certificate (defendant ' s passport, if possible, and plaintiff);
• A certificate that the marriage has been dissolved;
• The birth certificate of the child;
• Income certificate (can be obtained at work);
• A certificate on the composition of the family (is issued by the passport table at the place of residence);
• A receipt for the payment of the government service (pays can be made at any branch of the bank or via the Internet).

If both spouses refuse to do so voluntarily, the latter has the right to apply to the justice of the peace, on the basis of which the justice of the peace applies to the authorities responsible for such information and receives the information sought.

In addition to the above documents, the following may be required:

• A certificate of disability or non-disability;
• A retirement document;
• Adoption document;
• a certificate of registration in connection with pregnancy.

If the defendant denies material content because of the doubt that he or she has a blood relationship with the child, the DNA examination will be required and the result will be made available to the court hearing the maintenance case, and the application may be accompanied by any paper that can help the judge to understand the matter most quickly and make the right decision.

Statement of claim

The claim is an important part of the child support process and the timing and outcome of the case depend on how well it is drawn up.

Step-by-step guidance

The application shall be written by hand or collected on a computer and then printed, and claims shall be considered containing:

• The number of the precinct and the name of the magistrate to whom the application is filed;
• Information on the plaintiff and the defendant recorded in the passport (FIO, address of residence).

The standard claim consists of two parts:

1. Description: This part describes the substance of the matter, reflects the smallest details relevant to the case, the reasons for the claim, and what happened, why the husband refuses to provide for the child, as it affects the mother ' s family and the child as a whole.
2. A request is made for financial support for the maintenance of the child from the former spouse, and it is possible to ask the court to insist on the reimbursement of expenses already incurred by the former spouse for the maintenance of the child (payment of medicines, operations, rest, education).

After the submission of the request, the date and signature of the claimant shall be inserted; the last paragraph of the claim shall be "Annex". It shall consist of a list of the documents attached to the application. Each document shall be attached in a single copy.

Method of dealing with the case

The procedure and duration of the proceedings depend on the details of the case and the relationship between the former spouses.

The speed and manner in which the case is heard depends on the credibility of the information provided by the complainant and the respondent, and the date of the hearing is set after the admission of the application; all interested persons, i.e. both ex-wives, are invited to attend.

If the claim is for a small amount of maintenance, which the defendant is willing to pay, the matter will be decided at the first hearing, and the judge will assist the parties to the conflict in determining the time when the payments are received and the form of the payments.

For example, alimony may be handed over from hand to hand, charged against the child or calculated in the form of clothing, toys and food that the child buys.

In the latter case, it will have to be further specified that, when and for what amount to be purchased, the latter option is appropriate for couples who maintain a friendly relationship and are not uncomfortable with close proximity.

The defendant ' s refusal to attend the hearing was not a reason to postpone it; if there was no plaintiff, the case could be postponed or closed, which would require a repetition of the procedure for filing and registering the claim.

Calculation of amount

The amount of maintenance depends on the number of children requiring maintenance:

• 1/4 wages per child;
• 1/3 wages per 2 children;
• 1/2 wages for three or more children.

If the defendant has three children from different women, but only one of the former wives has provided alimony, the amount of the payment will be reduced on the basis of the availability of two more children, and if the older child reaches the age of 18, the amount necessary to provide for the remaining minor children will be recosted.

In the event of a change in the circumstances of the defendant ' s life (loss of ability to work, dismissal from work), he or she may file a claim for a reduction of maintenance; the initiative to change the final amount may also belong to the plaintiff.

Legal framework

The UK, as well as individual articles of the Civil and Criminal Code, shall apply to the calculation of maintenance, its size and the persons to whom it is assigned.

The Criminal Code applies, where necessary, the determination of the measure of guilt and the punishment of persons who evade payment of alimony; the time of resolution of the matter depends on the situation and is determined by article 154 of the Criminal Code of the Russian Federation.

The rules for filing a complaint with the court are discussed in article 29 of the Criminal Code of the Russian Federation.

Most often, the final decision is taken on the basis of articles 81 to 108 of the SC of the Russian Federation.

The mere fact that a child needs material support from both parents responsible for the child is undeniable, but some nuances requiring special attention by the law may be identified during the court hearing; for example, article 83, paragraph 3, of the Code of Criminal Procedure deals with the payment of child benefits in a situation where each parent has children in his or her care.

For example, the older child lives with the father and the younger child with the mother, in which case alimony is assigned to a lower-income parent, and these and other features of the Family Code of the Russian Federation are the guarantor of fair treatment of the situation when a claim is brought before a court.

How do you apply for alimony after a divorce if your ex-husband isn't working?

As mentioned above, the amount of maintenance depends on the amount of the spouse ' s salary; if the payer is unemployed, which is the subject of a certificate and a record in the labour register, the court shall set a fixed amount of the payment; the final sum of maintenance for each of the children shall depend on:

• :: Material status;
• The costs that children need.

An application for payment from a non-working parent shall be made in the same manner as an ordinary claim, the only thing that will need to be noted in the narrative, and each individual case shall be dealt with individually, which shall determine the amount of the payment.

Thus, a child in need of permanent medical care is entitled to a higher amount of maintenance than usual, and this should be taken into account in the collection of documents.

A fine or criminal prosecution is pending for the avoidance of a bad-faith parent.

A certain amount may not be less than that specified as the subsistence minimum for a given region.

In rare cases, the payment of maintenance by a non-working parent can be resolved through the agreement mentioned above, but there are not many precedents.

Maintenance from a non-working spouse can be legally recovered, but unfortunately it may be less than the amount that would have been expected of the child if the parent had an official income.

Thus, if a salary of 20,000 roubles per month is allocated to at least 4,000 children, it is unlikely that the unemployed parent will be able to pay more than 2,000.

Aware of this, some abusive parents deliberately conceal part of their income, negotiate with the employer or work without a workbook.

Do you want me to give you alimony after a divorce through government services?

It is not yet possible to file a claim for maintenance after divorce through public services, but this can be greatly facilitated.

The State Service Portal saves time and money when it comes to multiple instances, and unfortunately it is not yet possible to file an application for online maintenance.

The only thing that can be done is to obtain information on the existence of a maintenance debt or to apply for maintenance of a minor, provided that the amount of the payment has already been determined, but the former spouse has evaded his obligations.

You can also apply through the portal to search for a hard-core non-payer, demand restrictions on the right to leave the country, or impose penalties; the suit is filed through the State Service portal, as is the usual application, with the necessary documents and explanatory notes attached.

Family couples are often separated, divorce statistics are sometimes higher than those of marriages, and children are particularly affected by divorce, and not only the moral but also the material situation in a broken family is deteriorating. The mother, who is most often responsible for the child, has to work more and pay less attention to the child.

However, it is not only her but also the ex-husband who is responsible for his financial security; in order to obtain material support from the ex-husband, it is sufficient to conclude an agreement with him and to assure him of the right of a lawyer; the amount of maintenance depends on the amount of the salary, but may not exceed 50 per cent of the total.

If, after the court has granted the claim, the spouse relinquishes his or her duties, he or she may be held criminally liable.

The former spouse is obliged to support the child financially, even if he is unemployed, and the loss of work is a reason for the payment of fixed benefits.

Limitation periods for maintenance payments

The statute of limitations is the legal period after which the plaintiff's property claims against the defendant will not be satisfied.

The term of limitation is applicable only in the settlement of property relations, but issues relating to the payment of maintenance are related to the family relationship, i.e. there is no statute of limitations for the recovery of maintenance, but there are conditions set out in article 107 of the Code of Criminal Procedure that regulate the recovery of maintenance for a period of time.

Time of crossing

There are two important conditions under which adult children can rely on alimony: the inability to provide for themselves and the need for external financial assistance.

Only if these conditions are met will there be a chance of receiving material support from their parents in the form of alimony payments.

Read more in this article

In order to regulate the statute of limitations on maintenance after majority, the notion of overlapping is introduced, the period that begins with the child's majority, after which he or she is not entitled to child support from his or her parent.

But the right to recover maintenance debts if the parent has not paid the money earlier (before the child comes of age) remains with the child and can claim his or her rights before the court by filing a claim.

The following are the exceptions in which the overlap is extended:

1. An adult child is enrolled in full-time education and is under 23 years of age.
2. An adult child has a disability.
3. An adult child is incapable of work.
4. The child is in need of material assistance.

The statute of limitations on maintenance shall be extended for such children until such time as a circumstance which has contributed to the extension of benefits has ceased: the child ' s attainment of the age of 23 years or the completion of his or her studies, if the cause is in-patient education; recovery, if the cause is disability, if the cause is incapacity for work; and if recovery and/or return to work does not occur, there is no statute of limitations for the recovery of maintenance.

Amortization of maintenance obligations

Maintenance obligations arise for the parent from the second parent ' s filing of a claim for maintenance debts with the court, provided that the application is granted.

A claim for maintenance for the time that the child was provided only by one of the parents prior to the suit will not be granted, as the second parent is not considered to have been warned of the need to support the child financially.

However, if there is evidence in court that the parent has evaded the payment of maintenance, although repeatedly warned of the need, payments can be made, but not in more than three years.

Such evidence may include testimony, correspondence from parents, etc.

The time limit for applying for maintenance is left to the discretion of the guardian (the parent with whom the child lives) and is not limited by law, except that recourse to the court is necessary before the time limit for custody.

Also, by circumventing court proceedings, parents may, on their own initiative, visit the notary and draw up a maintenance contract for the child, after which the payer will have obligations in accordance with the terms of the instrument.

Statute of limitations for maintenance payments

If the parent has not paid maintenance for a period of time, even after the judgement or contract has been issued, it is always possible to recover funds from the debtor by reverting to the court; if the application is granted, the debtor ' s case will be referred to bailiffs who have the power to collect the debt, including by coercive means.

However, there is a statute of limitations on maintenance arrears, which is equal to three years.

In view of the statute of limitations on maintenance arrears, it is necessary to keep in mind the timely recourse to the courts in the event of failure by the responsible party to pay maintenance.

If the child ' s guardian has not previously filed a claim for maintenance in court despite the existence of arrears and the period of non-payment exceeds 3 years, it is not necessary to state the reason why no claim has previously been made against the defendant, since the law allows for personal reasons.

A claim for payment of arrears may be brought before a court even after the child has reached the age of majority within three years from the date of the pre-trial detention; however, the sooner the plaintiff goes to court, the greater the amount of the debt will be compensated, since it is prohibited to charge the defendant with maintenance debts that arose more than three years ago.

Maintenances over the past period

If one of the child ' s parents avoid its maintenance, Russian law provides for the right of a second parent who is actually raising a child to enforce maintenance.

However, in accordance with article 107, paragraph 2, of the Russian Federation, alimony is granted only from the date of the filing of the claim with the world court.

Since the real need for material assistance from an evasive parent arises much earlier than the claim is prepared and brought to court, family law existsThe possibility of recovery of maintenance over the past period(not exceeding three years)

• Recovery of maintenance during the past period is the possibility of obtaining judicial and financial maintenance within the three-year period preceding the actual application, if it is proved during the trial that the applicant has previously taken steps to pay them, but the funds have not been paid because of the failure of one of the parents to pay.
• Maintenances of a three-year period of time may also be enforced against an adult child if the parent has previously failed to perform his or her financial duties and there is sufficient evidence to that effect.
• When making such a claimThe plaintiff is exempt from the payment of the State duty.

"Received maintenance" or "received debt"?

1. Many misidentify legal concepts such as "allegations of the past" and "limentary debt", but this is wrong because of the difference in the basic nature of the concepts themselves, as well as the procedural difference in their recovery.
2. Maintenances over the past period- The funds the recipient needed during the period prior to his or her application to the court attempted to claim from the parent and which he or she is subsequently entitled to recover within a maximum of three years (or less).
3. Maintenance debts- These are previously designated alimonys that were not paid by the person liable because of his failure to comply with the judgement, order or voluntary maintenance agreement.
4. Recovery of maintenance debtsnot limited to three yearsand is incurred for the entire period of its non-payment, as well as the debt of maintenance payments, is a cash obligation transferable to the United Nations.Heirloomand may be recovered from the heirs of the debtor within the value of the property passed over by the inheritance.

Can alimony be recovered from the past?

In order for the claim for maintenance to be granted by the court over the past period and the avoiding parent subsequently incurred liability, the claim must be complied with.A number of necessary conditions:

• Answer a few simple questions and receive a collection of site materials on your own occasion.

The parent to whom such action is brought (i.e. the actual defendant) must be documented with respect to the child (i.e., legally father/mother).

If paternity has been established in court against the parent, alimony may be granted only from the moment the decision is made by the court and it is not possible to recover it in the past three years.

This position is also taken by the Supreme Court of the Russian Federation, explaining that the mother of the child was in fact able to apply for material assistance from the biological parent, but it is not possible to bring to justice a person who is not legally identified by the parent, so that maintenance funds can only be granted after the relevant judicial proceedings.

1. The absence of a court decision or a court order to enforce the recovery of maintenance from the parent, i.e., the non-applicability of coercive measures against the adult parent, but if the maintenance funds have already been recovered but have not been paid by the debtor, this will involve the recovery of a non-recoverable debt.
2. The absence of a notarized maintenance agreement — since the drafting and certification of such a document, on the contrary, indicates the desire of both parents to support their child, as well as their certified ability to agree peacefully on the amount, timing and payment of funds — but the absence of a notarized maintenance agreement indicates precisely the lack of an agreement and the possible unwillingness of the child parent to participate in the material support of his or her child.
3. A parent who makes a claim for maintenance over the past period must have, in order to submit to the court, mandatory evidence of an application to a parent who is not involved in the child ' s life for financial assistance, as well as any recorded refusals by the parent who is a cleric to provide it (art. 107, para. 2).

If one of the four conditions listed was not met by the complainant, the recovery of maintenance over the past period would be contrary to the law in force and would therefore not be satisfied by the court.

How can maintenance be calculated over the past period?

In court proceedings for the recovery of maintenanceFuture maintenance paymentswill be determined by the court according to the payer ' s position and capacity to pay, as well as the needs and social situation of the persons in need (the claimant and the child):

As far as I'm concerned,maintenance over the yearsthey will also be tied to the payer ' s position, taking into account the expenses of the child in need for the specified period:

• If the payer during the period in question had a fixed income sufficient to meet the needs of the child, alimony may be assigned to the shares of the defendant's income (article 81 of the UK);
• If the payer was unemployed, engaged in business activities or had a very low income not in proportion to the basic needs of the child, the payment is likely to be fixed by the court in a firm monetary amount (article 83 of the SC);
• If the child's parents are able to arrange in court for the child to be given maintenance over a period of time by the defendant, the child's maintenance may be covered by the property method.

It should not be forgotten that every litigation is a purely individual process, and the amounts set by the court may vary polarly: for example, alimony for a healthy child and alimony for a disabled child will naturally vary in amounts.

Evidentiary basis for the recovery of maintenance over the past period

It would seem that the collection of evidence for the trial was not difficult, but not in the practice of this category of cases.

Often, the reason for the complainants ' denial of such claims was the lack of evidence before the court that the parent had in fact refused assistance.

It is not easy to collect or record such evidence for the court, as often requests for material support are made in a simple way, during routine parent-to-parent conversations, telephone calls, etc.

If the evidence is only in word, then there is no evidence, and the defendant will be able to claim that he has provided material assistance to the child without recording it, and in such a situation the court will not judge on whose side the truth is, but will deny the plaintiff the lack of grounds for the satisfaction of the claim.

What do you have to prove?

Two major factors will have to be proved to the court:

1. The plaintiff, during the years in question, for which the "former" alimony was collected (but not more than three years), requested the defendant's assistance;

Defendant:

• did not respond to the plaintiff ' s requests;
• Refusal/aggressive;
• Absent at the place of the propiska/residential residence and his whereabouts are unknown to the defendant.

How can I prove it?

A sufficient evidentiary basis for the court is, of course, ideally prepared in advance; the best facts of avoiding a non-adversarial parent from a material obligation will be those that are "materialized", namely:

• Recording of telephone calls containing requests for material assistance for the child;
• Text messages or other electronic correspondence with the parent, which may subsequently be printed and submitted to the court;
• The testimony of witnesses, in the presence of whom the parent requested financial support and was denied;
• Sending registered letters of notification to and known non-receipt of the evasive parent, or receiving and failing to respond to them;
• The existence of cheques and receipts from the claimant ' s party on which the child ' s expenses are recorded;
• Expensions or printouts of proceeds to the plaintiff ' s bank account (map) where the defendant ' s income is not available;
• Other evidence that the second parent has evaded the child ' s financial assistance.

Also, a parent who has filed a claim for maintenance over the years must be prepared to answer the court ' s logical question: why, in the absence of the second parent ' s consent, has the plaintiff not previously applied to the court for payment of maintenance? The court ' s answer may be:

• The plaintiff's legal illiteracy is not to be embarrassed because he can justify himself (not everyone is fully aware of his legal and civil rights, but as soon as he becomes aware of them, he has rushed to exercise them);
• The desire or hope for the restoration of good family relations, without the imposition of coercive measures, which have not subsequently yielded results;
• Other reasons that may be invoked by the plaintiff in response to the court ' s question.

Procedure for the preparation of the claim

The application shall be made in accordance with articles 131 to 132 of the Criminal Code of the Russian Federation and shall contain:

Shapku:

• Name and address of the justice of the peace;
• A statement of the complainant ' s F.I.O., address of residence, telephone number;
• The statement of F.I.O. of the applicant ' s representative (if any), his address, telephone, trust details;
• F.I.O. of the defendant, address of residence, telephone number.

Name of claim:"On the recovery of maintenance in favour of a minor during the past period (F.I.O.)".

Main part:

• A brief description of the differences between the parents regarding the child ' s maintenance;
• Cases and evidence of the plaintiff ' s application to the defendant for child maintenance payments;
• Evidence of a parent ' s evasion of material assistance to his/her son/daughter.

Claims:

• "On the basis of the above, in accordance with article 107 of the Russian Federation, request the court to recover alimony for three (or less) years from the defendant (F.I.O.) in favour of the minor (F.I.O.) in an amount/value (show amount or amount)";
• If the plaintiff plans to invite witnesses to the hearing, this request is set out in the requirements of the suit as follows: "I ask for witnesses to be called at the trial (hereinafter list F.I.O., address of residence and contact number for service of summonses)."

Documents attached:

• A copy of the plaintiff ' s passport;
• A copy of the birth certificate of the child/children;
• A copy of the marriage/dissolution certificate (if any);
• Family composition certificate (from place of residence);
• Certificate from the claimant ' s place of work (if any);
• Certificate from the defendant ' s place of work (if available);
• evidence to the court (beginning).

An example of a claim for maintenance over the past period is provided below and can be downloaded from the following link.

Procedure for filing a claim for maintenance over the past period

The procedural law contains the basic rules for filing and drafting a claim for maintenance over time, which will ensure that the claim is accepted in a timely manner without eliminating any irregularities in the drafting process and, above all, that the claim is settled by the court.

Jurisdiction of claim:

• Under article 23 of the Code of Civil Procedure, cases involving only alimony payments and questions relating thereto;Justices of the peace;
• Maintenance claims differ by the fact thatHave alternative jurisdiction- i.e., may be brought before a world court in the place of residence of both the plaintiff and the defendant (for the choice and convenience of the applicant), articles 28 and 29 of the Criminal Code of the Russian Federation.

Suing for maintenance over the past periodin the following ways:

• The application with the attached documents may be submitted personally by the applicant (or his/her authorized attorney) to the Office of the Magistrate ' s Court (a copy of the claim must be marked by the court ' s expert to accept the claim, indicating the date and name of the person who accepted the documents).
• The claim may be sent by mail by registered letter with notice (that the applicant will eventually return the receipt with the date of receipt by the court of the said dispatch).

Normally, a statement of claim is made intwo copies- for the court and the defendant.

However,claim and package of documents for the defendantThe plaintiff may send a registered letter of notice to the latter's address of residence and attach a cheque to the court documents stating that the second party to the package has already been sent (the assistants and secretaries of the judges are favourable to such "careful" claimants, as the applicant in this case assumes their direct responsibility).

Conclusion

The jurisprudence on the recovery of maintenance over the past period is, alas, disappointing to the complainants: since claimants sometimes speculate on the existence of such a right without sufficient evidence, the courts most often take unsatisfactory decisions in this part of the claim, and maintenance payments are only awarded in the future.

If, on the other hand, the plaintiff strongly supports his position with facts indicating that it is not possible in the past to receive the required payments from the defendant, the Magistrate ' s Court will willingly satisfy his claim within a time limit of not more than three years.

Fathers providing voluntary material assistance to the child, however, in order to prevent defendants from becoming defendants in this category of claims, should record their child's expenses (as unpleasant as it may be): keeping receipts for purchases, bank transfer receipts, etc. The hand-to-hand transfer of funds may subsequently have an unpleasant effect on both parents.

When you can apply for alimony after a divorce

The Family Code guarantees that disabled family members receive financial support from their working relatives and that children, parents, brothers and sisters, grandparents and ex-wives may receive additional funding under the law.

The procedure for applying for alimony after divorce is set out in chapters 13 to 14 of the UK; however, the law does not limit the time for applying for alimony after divorce in cases of maintenance of common children.

With regard to the maintenance of ex-husbands and wives, the Code imposed a temporary restriction: a pregnant woman could claim support for three years, but the ex-wife of a pensioner could claim maintenance for five years.

Can you apply for alimony after divorce?

According to article 90 of the Family Relations Code, ex-spouses have the opportunity to receive maintenance not only for children but also for themselves.

The procedure for financial support for children following divorce is set out in article 80 of the Code of Criminal Procedure. The dissolution of a marriage between parents does not relieve them of the obligation to maintain their children. In the event of dissolution of a marriage, the child ' s parents may enter into a maintenance agreement setting out the amount of money to be transferred to the child each month and the procedure for the transfer.

If, after the dissolution of the marriage, the ex-spouses have not reached an agreement, the parent with whom the minor remains has the opportunity to collect the money through the courts.

In accordance with article 81 of the Criminal Code, the amount of maintenance that can be recovered is measured as a percentage of the parent ' s income; the State holds 25 per cent of the child ' s salary, the parent must spend one third of the income on two children and 50 per cent on four children.

Who has the right to apply

In accordance with the law, the following may require maintenance:

• Ex-wife during pregnancy and within three years of the birth of a common child,
• a spouse who cares for a disabled child;
• A disabled ex-wife who became disabled during marriage or within a year of divorce.

In addition, under article 90, paragraph 1, persons who are unable to work may claim maintenance not only because of their disability but also because of their age: pensioners; women may insist on supporting themselves as an ex-husband from the age of 55; men may request financial assistance from the ex-husband from the age of 60.

Time limits for the payment of alimony after divorce

However, under article 107 of the Family Relations Code, the award of maintenance will take place from the time of application to the court.

In the first application to a court, the maximum period for which funds can be recovered is 3 years prior to the date of the application, and if the retention order has been issued but has not been implemented, there is no time limit for the restoration of the right to maintenance, i.e. the unpaid but appointed alimony can be recovered 10 years after the decision.

In the recovery of maintenance for the ex-spouse rather than for the children, the following time limits should be applied:

• 3 years pregnant ex-wives who have given birth after the dissolution of marriage may be supported by the ex-wife
• Five years for older persons who have dissolved their marriage before retirement may be eligible for financial support.

Where to Go

Russian law provided for two ways of obtaining funds from former family members: through judicial proceedings and by agreement; in accordance with article 99 of the Family Code, former spouses could conclude a maintenance contract reflecting the procedure, the duration and the amount of the amount paid; the agreement must be certified by a notary.

In cases where the ex-spouses cannot reach an agreement, the spouse entitled to maintenance may apply to the court within the scope of article 91, in which case the court shall decide on the payment of the funds on a monthly basis on the basis of income and other circumstances, such as the existence of other dependants.

Procedure for filing an application with the court

An application for maintenance may be lodged with the court in two ways: the application shall be filed with the court of the defendant ' s place of residence, i.e. the ex-spouse from which the funds are recovered.

In accordance with article 29, paragraph 3, of the Code of Civil Procedure, child support may also be recovered from the complainant ' s place of residence; if a complaint is filed, the court shall initiate a civil procedure involving the parties; after consideration of the case on the merits, the court shall issue a decision.

On the basis of an order setting out the procedure for the payment of funds, the respondent must fulfil its obligations.

A different way of obtaining funds for legal maintenance is through a court order: in this situation, the spouse claiming maintenance applies to the court for a court order for maintenance.

The proceedings are conducted by the judge alone and, if the claims are satisfied, the documents are sent to the plaintiff and the defendant.

However, the ex-wife from whom the funds are recovered has 10 days to appeal under article 129 of the Code of Criminal Procedure.

How to Write a Statement

Article 131 of the Code of Civil Procedure lays down the rules for the filing of a statement of claim, according to which an application to a judicial authority shall be made in writing and shall contain information on the applicant and the defendant, and the name of the court to which the application is made shall be indicated in the upper right corner of the document.

The main text of the document should provide details of the reasons for the maintenance obligations and other material circumstances that have arisen, followed by claims for maintenance.

The claim then lists the attached documents, which confirm the grounds for the award of maintenance, and must be completed in two copies, signed each version and set a date.

The documents are submitted to the office of the court where they are registered.

List of required documents

The documents to be attached to the action are set out in article 132 of the Code of Civil Procedure:

• copies of the statement of claim in the number of participants in the proceedings,
• Fees payment receipt,
• the papers that prove the plaintiff's claims are legitimate.

With the participation of counsel in the proceedings, a written power of attorney would be required to represent the interests and a copy of the document would be attached to the claim.

The size of the majesty

The amount of the duty is determined in accordance with article 333.19, paragraph 1, paragraph 14, of the Tax Code. 150 roubles must be paid in favour of the State in the event of payment of maintenance for minors; if the maintenance requirements also concern the maintenance of the ex-wife, the duty shall be doubled to 300 roubles.

Procedural arrangements

Once a complaint has been filed with the court and documents have been registered, the proceedings are conducted in accordance with the provisions of the Code of Civil Procedure.

Once the documents had been accepted by the plaintiff, the court was obliged to send copies of the documents to the defendant, as well as to order a preliminary hearing.

The purpose of the pre-trial hearing is to familiarize the participants with the documents and to consider the motions.

In accordance with article 153, the judge shall, after a preliminary hearing, decide whether or not he or she is ready for the main trial and order the trial; according to the Code of Civil Procedure, the time limit for the hearing of the case is two months.

At the final stage of the review of the claim and the evidence, the court decides whether to grant the claim or to reject it. If the plaintiff ' s claims are satisfied and after 30 days, the court ' s decision becomes enforceable and the defendant must comply with the court order.