How to make child support arrangements

One of the duties of parents is to maintain their own children: these are not mere words, but the law, which is laid down in article 80 of the Family Code of the Russian Federation, but does not play a role, are parents in an official marriage, live in a civil union or are divorced.

The law allows that the manner and form of the maintenance is determined by the spouses themselves. In most cases, it refers to alimony payments, the amount of which is determined by mutual consent or by judicial procedure. Consider how this is done.

How to solve the money problem

When parents divorce, their responsibilities for raising their children are shared, in particular, the spouse with whom the child continues to live is responsible for the child's education, timely health care and other household nuances. The other spouse is left with the financial side of the issue, which, in the standard form, is paid monthly until the child reaches the age of majority.

The child ' s remuneration is determined in three ways:

1. Voluntary — parents make their own arrangements for the amount and frequency of payments, and the agreement is established with the notary;
2. Coercively, the spouses have not reached a certain agreement and further legal relations are settled by the courts;
3. A woman who is pregnant or raising a child up to the age of three is provided with maintenance for the mother/child in the first case, and in the second case disabled children or students in higher education (day-time only) are given maintenance for the child.

For each of the situations listed, a certain package of documents is collected. Consider what background notes and evidence will be required for each option.

Parents are married and live together

For example, the mother or father of a child does not allocate money for his or her maintenance, spending all his or her earnings exclusively on personal needs.

It should be noted that the fact of living together is not a ground for exemption from alimony payments; the law allows the second spouse to collect money by force through the courts.

This will require:

• Application for maintenance (2 copies);
• Passport;
• A certificate confirming the fact of living together;
• Marriage and birth certificates;
• Card or face account number for cash withdrawals.

It must be understood that the court will have to prove that the second spouse is reluctant to provide money for the family and the child, so that the package will need to be accompanied by a list of witnesses willing to confirm the fact.

Parents live in a common-law relationship

Here, my father's motives can be as follows: we are not officially signed, so I will not spend my money on children, as in the previous case, alimony from such a grief parent is enforced by the courts.

The package of documents will be as follows:

• Passport;
• A claim;
• A certificate of co-habitation;
• A confirmation of paternity if the line "Father" is marked by a symbol;
• Adoption if the procedure has been carried out;
• The number of the settlement account.

The only way to recover alimony in a common-law relationship is with the biological father or adopter of a child if their status is documented.

Voluntary consent

This is the simplest and most painless option for both parents to agree on the child ' s maintenance.

This will require a written agreement that clearly sets out the conditions for the upbringing and maintenance of the child after the divorce and is supported by such documents:

• The birth certificate of the child;
• Parents ' passports;
• Income certificate (provided by the maintenance payer);
• A confirmation of paternity.

Recourse to the courts

When mutual consent cannot be reached, the legal dispute is settled by a court, for which the plaintiff is required to enforce the payment of maintenance, and such a package of documents:

• Passport;
• A divorce/marriage certificate;
• The birth certificate of the child;
• Confirmation of paternity;
• The number of the settlement account.

Other papers may be added to the list, depending on the situation; for example, in the case of maintenance for an adult, proofs of the decane or medical certificate of disability are attached; women who are on leave to care for a child under the age of 3 serve a sheet of temporary incapacity.

Features in the processing of alimony payments

Given that life situations may differ, as may legal disputes between parents, we will try to deal in detail with the most important issues related to the maintenance of children after divorce.

How much can be calculated in 2023

There is no clear answer to this question.The amount of maintenance is always calculated individually on the basis of the particular circumstances and financial capacity of the payer.

In determining the amount, these factors are usually taken into account:

• Number of children to be paid;
• Income level;
• Family status and children born in a second marriage;
• Dependents who are financially dependent;
• Existence/no continuous work.

Unemployed citizens are not exempt from the obligation to pay child support.

Procedure of mutual settlement

The recovery of maintenance is carried out in two ways:

1. A fixed amount is usually awarded when the spouses agree or the payer does not have a job that generates a stable income;
2. Interest is determined by the amount of the confirmed earnings.

In the first case, a certain amount is agreed between the spouses, which will be paid for the maintenance of the child. The contract will be certified notarized, so that the recipient will not be able to claim more than the amount provided. The payer will not be able to pay less maintenance, but the law does not prohibit the payment of more money, or the purchase of additional items or toys for the child.

In the second case, the amount of maintenance is calculated in proportion to the number of children.

• One child - 25 per cent of the salary;
• For two children, 33 per cent;
• Three or more children - 50%.

Features of court decisions

If the father or mother fails to comply with the maintenance obligations prescribed by law, a decision shall be taken to enforce it, and an order shall be issued to the plaintiff and the defendant; and if the latter does not appeal against the decision, the executive record shall be handed over to the bailiffs.

There are sometimes situations in which the money allocated for the maintenance of the child is spent by the second spouse for personal needs; if the fact is documented, the court may order that half of the amount of maintenance ordered be transferred directly to the child ' s face account.

Indexation of maintenance

This definition refers to a change in the amount previously set, taking into account the rise in the prices of goods of popular demand and the increase in the minimum wage, which may initially be subject to the terms of a reciprocal agreement on the maintenance of children; if this has not occurred, the indexation shall be carried out on general grounds.

Many spouses remain in a normal relationship after divorce and do not wish to find out about the relationship in court by deciding who and how much money should be allocated to support the child.

As mentioned above, the law provides for the possibility of resolving issues relating to maintenance payments without resorting to judicial proceedings, and for this purpose a written agreement is drawn up, specifying the amount to be allocated to the maintenance of the child by the spouse, specifying the frequency of the payments and the liability for failure to fulfil the obligations undertaken.

In order to avoid further mutual claims, the agreement needs to be formalized in a legally sound manner, and consider the features and nuances of the procedure.

Where to turn

Notary offices usually deal with these matters; the agreement may be drawn up by the spouses themselves, but only in the presence of a lawyer is signed; from the time of signature, the agreement becomes enforceable, and from the point of view of the legislation in force, it is legally equivalent to an executive list.

This means that with a signed and notary-certified agreement in hand, a person may apply to the executive authorities for the enforcement of maintenance debts from an unfair payer.

Correct treatment of ex gratia payments

The agreement specifies the conditions for the maintenance of children who meet the requirements of both parties.

The agreement must necessarily address such legal aspects:

• The amount is fixed by mutual agreement, but not less than the amount provided by law for the maintenance of each child;
• Frequency - maintenance may be paid every month, every quarter or every year, most importantly, to indicate the date and dates at which the payment must be made at the latest;
• Inter-accounting arrangements - transfer of cash, postage or bank transfer;
• The duration of the payment — up to the age of majority, completion of studies or other conditions satisfactory to both parents;
• Indexation — this is usually indicated when a fixed amount of maintenance is awarded if the contribution is expressed as a percentage of the salary, this point is not mandatory.

Further mention is made of the rights and obligations and the circumstances that constitute the legal basis for the reduction of the amount of payments, such as the birth of a child or the loss of employment.

Dissolution or modification

Adjustments to an earlier agreement, as well as avoidance thereof, may only be made by mutual consent of the parties; such procedures are not permitted unilaterally.

If the payer is unable, for objective reasons, to continue to comply with the terms of the contract and the other party does not agree to the modification, the court may apply.

How to proceed when concluding a voluntary agreement

This provides for a sequence of actions:

• To reach mutual agreement;
• To discuss all the legally relevant aspects of the issue;
• Sign the document in the presence of the notary;
• To comply with the terms of the contract.

Amounts of maintenance and means of payment

Amounts of maintenance may be fixed or expressed as a percentage of the payer ' s income.

• One child is a quarter of the income;
• Two to one third;
• Three or more is half.

Note that even fixed amounts cannot be less than the stated ratio, maintenance can increase in the larger direction without limitation. The method of transferring funds is chosen individually. This can be a post/bank transfer or a cash transfer. In the latter case, the receipt receipt is usually taken.

How to make child support arrangements

The issue of child support requires patience, strength and knowledge, and people who do not know the necessary information and skills are at a standstill when the issue of "How to make child support available" comes into play. In line with family law, there are two main ways to solve the problem: on a voluntary basis and through the courts.

The first is appropriate when alimony is paid after the conclusion of a peace treaty between the two parties, for example, the provision of maintenance for the child or children is resolved quickly and easily. The second is the antidote to the first and is used in cases where the maintenance relationship has not been resolved peacefully.

The first, dealing with the process of formulating the necessary maintenance obligations through a notarized agreement between the parties, is considered a priority option and is applied in many States and countries.

Its conclusion is simpler and faster than litigation and litigation; this is a less time-consuming and additional financial investment.

However, it is not always applicable, so the method of payment of maintenance is selected on a case-by-case basis.

Such a procedure is accompanied by a determination of the amount, order and other conditions relating to alimony payments, the conclusion of an agreement between the person who will make the alimony payments and the person who will receive them for the maintenance of the children, and the registration in the name of the legal representatives (a notarized power of attorney is required).

Particular attention should be paid to the accuracy and completeness of the written statement of all the required paragraphs and to the registration of the document from the notary in order to obtain its legal effect.

Arbitrary writing of the agreement and the absence of the necessary form from the notary is not acceptable. Please note that the agreement has the same legal effect as the executive form.

The courts have virtually unlimited capacity to decide on the issue of the appointment and further processing of maintenance.

• In the absence of the possibility of peaceful agreement and the necessary documentation of a voluntary nature;
• There was a voluntary agreement, but the person who was required to pay alimony was unwilling to fulfil the legal obligations entrusted to him or her to maintain the children.

In the course of the proceedings, the debtor ' s material and family situation will be reviewed and the amount of the payments determined thereafter; in standard situations, the payer ' s spouse will be awarded a payment proportional to the income received or a firm monetary amount.

Documents for processing

Maintenance legal relations are decided on the basis of a given package of documents, depending on the situation, and the standard set consists of:

• Documents formally confirming the identity and relationship of the applicants to the court;
• The original of the marriage and its dissolution.

Recourse to the judiciary will require:

• The original and copies of the statement of claim, specifying the basic data of the defendant, the plaintiff, the place of residence, the reasons for the claim and all legal requirements;
• Evidence of a documentary nature (e.g. an extract from a home book as evidence of living together, earnings and other earnings, etc.)

Main actions

If the way in which the process is to proceed is determined, then action must be taken:

When concluding the relevant treaty, it is necessary to:

• To state all the nuances about the amount of maintenance, the procedure and the terms of its payment, to write down and to certify all the above.
• To collect all required documents in order to be fully processed in the presence of a notary;

In order to resolve the matter before the courts, it is necessary to:

• Prepare the necessary documents;
• Formulate the claim and file it further, either in the defendant ' s place of residence or in the direct plaintiff ' s place of residence.

The case will then be heard by the Magistrate ' s Court, followed by a decision on how to keep minors, and the legal document received is sent to the executive authorities.

They carry out work related to the enforcement of a court order.

Estimated maintenance as at 2018

The processing process is directly related to the time when maintenance payments are made; in such situations, there is a conflict of interest between the recipient and the payer, each of whom tries to defend his or her position.

This stage is individual and depends on many causes and factors.

Based on general accrual rules, alimony should not be less than the established level of maintenance for children, i.e. not less than the standards guaranteed by the State (the size of the subsistence minimum).

The existence of an agreement facilitates this situation by clearly setting out the amounts and amounts involved in the proceedings before the court; certain factors will be considered in the light of which maintenance will be provided.

• Official data on payer ' s income;
• The marital status and the existence of a new marriage and its children;
• The presence of disabled parents or other dependants;
• Whether the debtor has a job at the time the case is heard, whether the social unemployment authority is registered in the absence of such work (if the benefit is received).

Accompaniment options may be considered in court, and the number of minors requiring maintenance and maintenance is also an important factor; depending on this, maintenance payments may range from 50 to 70 per cent of the payer ' s earnings and other types of income.

How to make child support arrangements properly

Child support is a complex procedure that requires a parent not only to know the basics of procedural legislation in this area, but also to have sufficient psychological support.

Most of the difficulties arise from a family perspective, since the processing of this cash payment is primarily necessary to ensure the material support of minor children who have been left without full parental care.

Child support may be provided in several ways, depending on whether the parent is in contact or not.

How to Make Maintenance Right: Ways

In accordance with the provisions of family law, there are two ways of documenting the maintenance obligations of a parent who does not live with a child:

1. Pre-trial maintenance: This method can only be used when parents are able to reach a compromise on the child ' s child ' s maintenance in a peaceful manner.
2. Legalization of maintenance obligations: This method is used in cases where there is an insoluble dispute between the parents that they cannot resolve without filing an application with the court.

Of course, the voluntary decision of the parent to pay the child ' s maintenance obligations on a regular basis is a priority, and this is a priority not only for the parents themselves but also for the State.

Practice has shown that in most cases it is much easier and faster to resolve the issue peacefully than to initiate a trial; however, each particular case needs to be dealt with separately.

Voluntary agreement on maintenance

A maintenance agreement is a written document in which the parties (most often parents or legal representatives of a minor child) determine the basic conditions for the child's maintenance.

In particular, the document should contain the following information:

1. Amount of cash payments.
2. Periodicity of payments that one parent will pay to the other for the maintenance of a minor child.
3. Procedure for the transfer of funds.
4. Other essential conditions.

In accordance with the rules of Russian family law, the maintenance agreement must be certified in a notary office; otherwise, it would have no legal effect.

Unfortunately, a simple written form of the document could not protect the parent if the other party to the agreement refused to comply with the prescribed conditions and did not allow the obligation to comply with the requirements of the treaty; accordingly, the legal representative responsible for raising the child would not be able to recover the arrears.

If the document is certified by the notary, the parent will be able to refer it to the executive service, in which case, after verification of the submitted agreement to comply with the requirements of the law, the bailiff will decide whether to recover from the debtor the money that he has not paid by way of maintenance.

Recovery of maintenance through court

The most common way of assigning child support to a minor is through a judicial process, and it should be remembered that in this case the parties will not be able to determine the amount of the child's maintenance on their own, it will be determined in accordance with the rules of family law.

As a rule, the parties apply to a judicial institution for a settlement of the matter, in one of the following cases:

1. Parents have been unable to reach a compromise on the matter and to conclude a voluntary maintenance agreement.
2. One party deliberately evades the terms of an earlier maintenance agreement.

In turn, proceedings for the award of maintenance may also be conducted in two ways:

1. The judge shall examine the application within five days of its receipt by the office of the court, without the participation of the parties.
2. The proceedings are conducted in a court proceeding in which both parents (legal representative) are involved; this procedure applies where there is a dispute between the parties (for example, the manner in which the money is transferred or the amount of the maintenance obligation).

In both cases, the proceedings will take place in a judicial institution located at the place of permanent residence of the payer or the payee.

On the basis of the outcome of a case in which all the circumstances, financial and family status of the parties are examined, the judge shall order the recovery of maintenance, which shall include the following information:

1. Amount of maintenance.
2. The method of calculation (this may be a percentage of wages or a fixed amount).
3. The method by which the payment will be made (transfer of the money in person, receipt, postal transfer, transfer through the bank).
4. Periodicity of payment of maintenance obligations.
5. Other essential conditions.

What documents are needed to process maintenance

Depending on the manner in which maintenance is processed, the package for this procedure varies considerably, and attention should be paid to the fact that the package may differ according to the particular life situation in which the parties find themselves.

Basic documents

This package is necessary both for the processing of maintenance through the drafting of an agreement and for obtaining an appropriate judicial decision:

1. Passport of both parents of a minor child.
2. Registration of marriage or divorce.
3. Child birth certificate (a few children if maintenance is not paid for a single child).

Documents for the processing of maintenance through the court

In the event that the parties file alimony through the court, they may also require the following additional documents:

1. An application for maintenance or an application for a court order, since these documents are submitted to a judicial institution, it is absolutely prohibited to fill them in "into the eye", and a parent must comply with the relevant requirements of the civil procedure law when making the application and order.
   In addition, the main circumstances of the case, as well as the list of evidence attached to the claim, must necessarily be reflected in the prepared document.
2. Documentary evidence of all the circumstances reflected by the complainant in the claim: documents that may constitute evidence in this case include: a family composition certificate, which confirms the fact that one of the parents is living together with a minor child, a income certificate for both parents, a health certificate for the person responsible for raising the children, documents showing the costs incurred for maintenance and upbringing (checks, service tickets, receipts).

The application shall be subject to the rules of jurisdiction and shall be submitted to the court located at the defendant's home; the exclusion - the address of the defendant's residence is unknown; the applicant's poor health; the claimant's dependants are minors/unable to work; and, in addition to the decision of the dispute before the Federal Court of General Jurisdiction, the application may also be heard by a justice of the peace through an order procedure.

The correct procedure for the administration of maintenance for a minor

Once a parent with whom a minor child has a permanent residence determines how to obtain maintenance, he needs to know exactly how maintenance obligations are processed.

Procedure for the parties to enter into a maintenance agreement (voluntary order)

In general, the procedure for concluding an agreement on the voluntary payment of child support is as follows:

1. First of all, the parties must reach agreement on all the essential conditions relating to the child ' s salary; in particular, the parties to the agreement must agree on the amount of the cash payment, the time within which it is to be made, and how the parent responsible for the child ' s upbringing will receive the money (from hand to hand by receipt, direct transfer to a map or through the bank ' s cash register by means of an uncash transfer to the account).
2. The next step is to prepare a written document in accordance with all relevant legislation.
3. Further, the parties must collect all the necessary documents to confirm the child ' s residence with one of the parents, the material condition of the legal representatives, as well as evidence of the child ' s maintenance costs incurred at the time of drafting the agreement.
4. If the package is ready, the parents need to contact the notary office to verify the agreement and its verification by a specialist; otherwise, the paper will have no legal effect, and the payer will be able to waive its obligations without any consequences.

Procedure for the processing of maintenance through the court

1. First of all, the plaintiff must prepare an application for maintenance or an application for a court order.
2. The next step is to collect all the necessary documents to prove the plaintiff's position in court.
3. Furthermore, the parent must file a complaint, together with all the documents collected, with the judicial institution set up in the place of permanent residence of one of the parties to the proceedings.
4. The complainant then faces a trial in which he will have to defend his point of view.
5. On the basis of the outcome of the hearing of the claim, the plaintiff is given a judgement or an order.
   The parent must then transmit the executive document to enforce the child ' s second legal representative ' s maintenance obligations at the payer ' s place of work or the bailiff ' s place of residence.

Private cases

Article 90 of the Family Code of the Russian Federation sets out an exhaustive list of spouses who are entitled to maintenance and, as rules, women who are pregnant or who are raising a child under the age of three may exercise this right.

In accordance with the law, if one of the spouses is unable to work, this is also the reason for the obligation of the second spouse to pay alimony; in particular, the following categories of citizens may be required to maintain a disabled relative:

1. Sustained sisters and brothers.
2. It's all about grandma and grandpa.
3. Actual wards of a disabled citizen.

As a rule, such situations arise when legitimate parents do not have the capacity or the will to raise their child.

Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.

Child maintenance

The Russian Federation ' s legislation provides for two ways of regulating alimony: the first is self-regulation by drawing up a notary agreement between the parents of the children; the second is compulsory judicial action; breaches of the terms of a settlement agreement or a court order for the transfer of maintenance are punishable under civil, administrative and criminal law.

Forms of alimony payments

The procedure for the retention of maintenance in favour of minor children and disabled relatives is detailed in chapter 5 of the Family Code of the Russian Federation, which provides for the following forms of maintenance:

• as a percentage or a fixed percentage of the payer ' s official earnings;
• Regularly in a firm amount of money;
• One-time transfers of a large sum;
• By transferring material assets to children;
• mixed shape.

Which option is chosen in each case depends on the type of profit that the payer receives, as well as on the mutual agreement of the parties.

Table No. 1 "Funds and conditions of choice of each form of maintenance calculation"

Interest on income	It is permissible for a separated parent to have an official income paid in Russian rubles
Fixed regular amount	May be appointed in the following circumstances: Lack of a stable income from the payer; Foreign exchange gains; The lack of official income. The advantage is that a fixed amount may be much more than a share of official income, but the courts rarely impose such a form of maintenance, since the payment cannot be less than the regional child subsistence minimum, and there is no guarantee that the payer will be able to transfer the money in the future.
One-time translation	A lump sum may not be less than the amount of the subsistence minimum for a given period of time.
Transfer of property in favour of the child	Not only major purchases (real estate and vehicles) but also basic necessities, but the courts do not prescribe such a form of maintenance, but parents can negotiate the principles of material support through the provision of material goods in a notary agreement on their own.
Combined method	It involves multiple forms of maintenance at the same time. More often, it is a claim for interest on official earnings and the retention of an additional fixed amount of payments.

Maintenance from a notary (without trial)

Adult parents of a child have the right, in accordance with article 99 of the Family Code of the Russian Federation, to draw up a settlement agreement for the recovery of maintenance for common children.

Participants may themselves establish rules and principles for the retention of money, which will be convenient for both mothers and fathers.

However, parents usually have different goals, so it will not be possible to fully satisfy the wishes of men and women.

Legal consequences of notarization of a maintenance contract:

• The impossibility of challenging an agreement that has been drawn up in accordance with the requirements of the law;
• The amendment of the document, as well as its repeal, shall be effected only by mutual agreement of the parties;
• The treaty is legally binding and the parties are therefore obliged to comply fully with the articles of the agreement (in case of breach there is legal liability).

Table No. 2 "Pluses and disadvantages of the agreement"

Self-sustainment of conditions for the transfer of funds for maintenance of children	The recipient of the money cannot claim a failure to pay arrears of 0.1 per cent, as provided for obligations imposed by the court (art. 115, para. 2, of the UK)
An opportunity to identify the objects of expenditure, i.e. the purposes to which the alimony will be spent	If the contract is terminated, it will not be possible to return the property that was previously donated to the child.
Simplified procedure for amending the content of the agreement
There are grounds for invalidating the document under the Criminal Code and the Family Code.

Procedure for notary discharge

Article 100 of the SCK of the Russian Federation states that the agreement drawn up and signed shall be submitted to the notary for approval.

Only then, and once a document has been registered in a single non-paper base, will it acquire the legal force of the execution sheet.

This means that, from the moment of notarization, participants are obliged to comply with agreements, otherwise mandatory detention through the SPF is permissible and legal liability is imposed in accordance with the established procedure.

How to make an agreement?

In 2018, the cost of notarization of the agreement was 5,000 roubles, which is fixed on the basis of the cost of preparing the text by a lawyer.

• independently following the model;
• Personally, but with the assistance of a lawyer;
• By entrusting the procedure to an experienced lawyer.

The rules for drafting voluntary maintenance agreements can be found here.

Necessary documents

The parties that have decided to sign the treaty are obliged to bring the following documents:

• Mother and father ' s passports;
• The birth certificate of each child in respect of whom alimony is held;
• Each party ' s income statement for the previous three months.

Earmarked amount and frequency of payments

Art. 103 of the UK of the Russian Federation stipulates that the amount of the contribution shall be determined by the parties individually, but it may not be less than the regional subsistence minimum for the child; the payment procedure is regulated by the parents on their own, as provided for in article 104 of the Family Code.

Notaries and lawyers recommend that the parties make provision for regular transfers of money for children (e.g. monthly), which allows the child ' s guardian to calculate the child ' s costs and helps to avoid arrears, since the amount of periodic contributions is less than a one-time payment.

Recovery of maintenance through court

It is advisable to bring a claim before a court when there is no global notarization agreement between the parties and it is not possible to determine on its own the manner, amount and frequency of the transfer of money for the child.

Jurisdiction

According to the general rule, an action is brought before a court located at the place of the defendant ' s propiska, which applies to both the justices of the peace and the district courts.

Exceptions:

• The applicant may not travel long distances for reasons of health;
• A minor child or a disabled relative is in the care of the claimant;
• The address of the defendant ' s residence/propiska is unknown.

Necessary documents

The claim must contain an inventory of the attached documents, which include:

• A copy of the plaintiff ' s passport;
• Copies of the children ' s personal documents on which maintenance must be retained (the certificate must include the defendant ' s identity);
• Marriage registration/divorce certificate;
• A certificate on the composition of the parent ' s family with whom the child lives;
• The income of the mother and father;
• Cash receipts and receipts confirming the need for increased child support.

Contents of the statement of claim

An application shall be prepared in as many copies as the main participants in the proceedings (the plaintiff, the court, the defendant, the lawyers) and the following rules shall be taken into account in the preparation:

• Absence of errors;
• A summary of the circumstances;
• Lack of personal speculation and non-censorship language;
• Existence of mandatory requisitions (dates and signatures);
• The elimination of errors and ambiguous phrases.

Time frame for review, procedure and amount of payments

The Code of Civil Procedure stipulates that the maximum length of time for the hearing of a dispute shall be:

• For up to two months in the Justice of the Peace.
• 90 days in the Federal District Court.

These periods may be suspended and resumed if additional expertise and activities are required.

The amount of maintenance depends on the amount of the parent's official income and will be 25% for one child, 1/3 for two children, 50% for three or more, as provided for in article 81 of the Russian Federation.

Judicial practice

Decision No. 56 of 26 December 2017 of the Plenum of the Supreme Court sets out the procedure and rules for the implementation of legal and regulatory acts in the area of the demand for maintenance, each paragraph of which emphasizes that the judge shall be guided by the principles of the protection of children ' s rights and interests.

Legal responses to questions on child support

Despite detailed legal regulation, disputes and unsolvable issues often arise between participants in legal relations.

Could maintenance be granted to parents?

Workable and adult children are obliged to support their parents who are unable to work, which includes not only financial support but also the care of the mother and father.

Step instruction:

• The creation of grounds for obtaining maintenance;
• Preparation of the claim by the parent ' s mother/father or guardian;
• Submission of the claim to the court;
• Consideration of the dispute and award of payments.

Retention of funds takes place on general grounds and legal liability is provided for violations of the terms of the money transfer.

How do you get maintenance in a marriage?

The possibility of obtaining maintenance from the parent does not depend on the existence of a formal marriage; therefore, if the mother and father of the child are not divorced, but the father is separated from the children and does not provide them with adequate support, the woman may file a claim for maintenance with the court.

In such a case, it is necessary to confirm that the parent is not really involved in the child ' s life.

Adult children and disabled parents may themselves initiate the receipt of money for their maintenance from a relative.

In the case of an adult child who has actually lost his or her right to monthly payments since his or her age, he or she can only request payment for the past three years.

Further details on how to initiate maintenance payments for maintenance are described here.

The family law stipulates that every child is guaranteed the right to a full family; if the parents are divorced, the children must be able to communicate with the separated parent, feel his or her participation in the upbringing and hope for financial support; even the deprivation of parental rights does not exempt the mother/father from the obligation to transfer maintenance to the child.

How to Formalize Maintenances

The maintenance of children, even after divorce, is the duty of every parent, and able-bodied citizens are also obliged to provide financial assistance to their close relatives who have lost the possibility to support themselves.

Sometimes ex-wives or other members of the family agree orally on this issue, but the most common way to obtain maintenance is through a notary ' s assurance or through judicial proceedings.

Peaceful means of recovery of maintenance

So, the simplest, quickest and most humane way to get alimony payments is to conclude an agreement between the parties, and for such an agreement to have legal effect, it must be certified by a notary.

A written or written decision on the amount of maintenance, the order and frequency of its payments, as well as other information on the subject, must be given in both form and in writing, and the notary certifying this paper becomes a legal document having the force of an executive sheet.

If the agreement was not not notarized, the defendant ' s failure to pay would have no effect on the continuation of the proceedings.

How to make child support arrangements through court

If a divorced mother and father cannot agree on child support payments on their own, the following may be done:

• Write an application for a court order;
• I'm suing you.

In both cases, child support will be processed by the Magistrate ' s Court at the place of residence of one of the parties; the judge will examine all the case files either in a simplified manner, i.e. within five days without the mandatory presence of the parties, or during a full hearing with the call of the plaintiff, the defendant and possible witnesses.

The outcome of the judgement will be the recovery from the defendant of maintenance equal to a certain portion of the earnings or a firm sum of money; in order to receive maintenance payments in a fixed amount that is usually higher than the amount of the settlement, documents will be required to confirm the defendant ' s income.

Procedure for the processing of maintenance

For those of you who don't know how to arrange alimony, we'll look at the detailed procedure for each of the above cases, and when you're in a peace agreement, you have to meet the payer, write all the details of the payment on paper, or print it on a computer, and take it to the notary for assurance.

In order for maintenance to be processed through a court of law, the following actions must be taken:

• decide on the method of recovery (judicial order or executive notice);
• To collect a certain list of documents;
• to write a statement based on the first paragraph;
• Take the application and the documents to court and wait for the result.

It is much more difficult and time-consuming to process alimony through court, so it is worth first trying to agree on a peaceful settlement of the issue.

Once the court has given its decision to the plaintiff, an executive notice or a court order will be issued by which the defendant will be required to deduct from his or her income a certain amount of alimony from his or her children or other relatives.

Sometimes, in order to get alimony, you have to hire bailiffs.

What documents will be needed to process child support

If the agreement is concluded, the notary will have to be provided with identification documents for the parties, as well as a relationship with the children, i.e. passports and birth certificates.

Judicial intervention in child maintenance will require specific documents for the processing of maintenance, which may change in each case, but will generally be as follows:

• A copy of the plaintiff ' s passport;
• Child birth certificate;
• Documents confirming the marriage ' s conclusion or dissolution;
• An extract from the home book of the applicant ' s place of residence and the children ' s place of residence;
• A copy of the court decision on the joint residence of the children and the parent;
• A receipt for the payment of the public service;
• Bank requisitions for maintenance.

It must be provided with a statement written according to the standards set out in the Code of Criminal Procedure; it must contain the information of the court, the applicant, the defendant, the description of the problem, the amount of the claim, the list of documents attached.

In addition, child support may require papers to support the costs of child maintenance, including cheques, receipts and service vouchers.