How to apply for child support for your mother?

It is an unusual circumstance in our world for children to be raised by a single father.

However, statistics for 2018 show that for every tenth single-parent family there is one such case.

The processes for collecting child support from the mother and father are not very different, but you need to know some nuances.

The legislative framework

Russian legislation pays special attention to parental rights and financial support for a child living separately from his father or mother.

Family Code Art. 61 states that both parents must fulfill equal rights and responsibilities in relation to their children, including the deprivation of parental rights does not exempt them from fulfillment (Article 71, paragraph 2).

How to write an application for deprivation of parental rights.

Features of deprivation of parental rights for non-payment of child support.

The RF IC deals with child support obligations towards their children:

• As mentioned earlier, the responsibilities for raising and supporting children should be equally shared between mother and father.
• When, for certain reasons, a mother leaves the family, leaving a minor with the father, she must comply with the law by taking part in the child’s life.
• If this does not happen, then the second parent has the right to file a claim in the magistrate’s court for the recovery of alimony.

How much is the recovery?

With the voluntary consent of both parties, an agreement is signed at the notary, which stipulates the amount of payments.

The minimum amount of alimony under a notarial document is not specified, but it should not be less than the amount that the court could assign.

When filing a claim with a judicial authority, the application can indicate the amount that the father wants to demand from the mother.

Most often, during the trial, alimony is calculated as a share of the defendant’s salary: 1/4, 1/3, 1/2 - for one, two, three or more children, respectively.

Alimony can also be awarded in a fixed amount if:

• This type is especially popular among single-parent families; if friendly relations develop between former spouses, then they independently negotiate and fulfill all the conditions.
• As a rule, the transfer of money is supported by an appropriate receipt.
• When calculating alimony payments in court, the interests and circumstances of both parties will be taken into account.

If there are valid reasons, the amount may either increase or decrease.

To increase it, you will also have to go to court with a claim, indicating at least one reason:

• checks, receipts for at least a month, which display purchases for the child’s needs;
• illness of a child or someone with whom he lives, which increases the cost of treatment from the family budget;
• inability to find a job for a long time, while being on the labor exchange.

What should I do to file child support for my mother?

Before filing a lawsuit, you need to prepare in advance.

If the child was born out of wedlock, and the birth certificate contains a dash in the “paternity” column, then the father must prove his relationship with the minor.

This can be done in two ways:

Come with the baby’s mother to the registry office and write an application to establish paternity. The procedure does not last long, but before this you should pay a state fee of 350 rubles.

File a lawsuit to recognize paternity. To do this, you need to collect evidence, bring witnesses and undergo a genetic procedure at your own expense.

If the judge makes an affirmative decision, you should come to the registry office with this document and independently (without the mother) make a certificate of paternity.

When paternity is established, you must have checks and receipts with money spent on the child's expenses.

In addition, it is definitely worth bringing witnesses to the court hearing who will confirm the fact that the child was raised and maintained by the father.

Because of this, it is recommended that you start preparing for the trial a couple of months in advance.

What documents are required?

To file a claim, you need a list of required documents:

• a copy of the applicant's passport;
• a copy of the child’s birth certificate and paternity establishment;
• a copy of the divorce certificate (if available);
• characteristics of the mother from her place of residence, confirming failure to fulfill parental responsibilities;
• characteristics from a kindergarten or educational institution confirming the fact of the father’s role in upbringing;
• a certificate of family composition indicating that the father lives with the child.

Where to contact?

• The statement of claim is drawn up in the magistrate’s court at the mother’s place of residence.
• If its location is not known, then this is indicated in the claim, which should be written to the judicial authority according to the plaintiff’s registration.
• In addition, the application with the attached documents can be sent by mail, indicating the court address.

From the moment the court receives your papers, the judge considers the application within 5 working days.

The response is sent to the plaintiff’s address indicated in the claim.

Refusal to open a case can occur for two reasons: lack of supporting documents and indication of false information.

Deadlines for collecting alimony

However, Article 107 of the RF IC specifies the possibility of collecting alimony within a three-year period from the date of going to court, provided that there is evidence that the alimony payer evaded payment.

Is it possible to apply for alimony payments through the government service website or MFC?

With a voluntary agreement to pay alimony, the document requires approval from a notary.

MFC employees do not have broad powers to perform the above tasks.

IMPORTANT! Registration of alimony through the government service website and through a visit to the MFC is not possible.

1. Only a judge has the right to consider and make a decision on an application for forced collection of alimony.
2. Thus, collecting alimony from the mother of a child is not a simple and lengthy process.
3. However, with the right actions and with a significant evidence base from the father, it is impossible to get a refusal from the judge.

How to apply for child support for your mother: collection procedure

After parents separate, children do not always remain with their mother; sometimes the father is appointed as the main guardian.

In such a situation, a reasonable question arises: how to file child support for the mother? Is this procedure different from collecting financial support from the father? In general, no, the rules are established in a similar manner, but there are some subtleties that are important to know to protect the interests of the child.

Conditions of appointment

If the child’s representative, in particular the father, needs to apply for child support for the child’s mother, then he must remember the mandatory conditions for this:

• Relationship with parents must be undeniable. The genetic connection with the mother is not questioned, because this information is written down in the document issued at birth. But in some circumstances the father will have to confirm his status before applying for child support for the mother . For example, if there is no information about it in the certificate. Then he needs to file a claim to be recognized as his father in court, then submit an application to the registry office so that information about him is included in the document.
• The second condition according to which the collection of alimony from the mother is allowed is the age of the child. He must not be older than 18; after reaching adulthood, alimony payments stop.

Child support will be calculated from the moment the claim is filed. Collection for the previous period (maximum 3 years) is possible only if the mother refused to voluntarily help the child financially.

Collection methods

If the mother does not pay child support, what should the parent or guardian do to achieve financial support? There are two options for alimony registration:

• Voluntary agreement - it is assumed that the parents will be able to reach an agreement regarding the amount and procedure for payments.
• Court proceedings are an option; if an agreement cannot be reached, then the father has the right to demand the help of the court.

A voluntary agreement must be certified by a notary. Otherwise it will not be considered legal.

Steps for recovery through court

First of all, you need to find out whether you can get child support for your mother. If there are no restrictions on this issue, then the following steps follow:

• A statement of claim or request for a court order is drawn up.
• The claim is filed with the judicial authorities at the place of residence of the plaintiff or defendant.
• Further, based on the results of the proceedings, a court decision is issued, which comes into force after the expiration of the period allotted for challenging it.
• The collection of alimony by court decision is the task of bailiffs. To do this, enforcement proceedings are launched, as a rule, requests are submitted for the defendant’s work, and the mother’s bank accounts and property are searched.

After issuing the order, the court is responsible for sending a copy of the document to the debtor. She retains the right to challenge the decision within the period established by law.

If the mother files an appeal, the father can file a claim within the framework of the claim proceedings. Only after his request is granted by these authorities will he be able to initiate enforcement proceedings.

Payment amount

After a decision is made whether the mother should pay child support, the amount of financial support will be determined. The amount of monthly payments depends on many factors. The following are mainly taken into account:

• Child's age. Namely, whether he has reached the age of majority. Child support for young children is paid taking into account the mother's income, the proportional ratio is established by law. If financial assistance is needed by an adult child who is incapacitated for any reason, the amount is determined by a fixed amount paid once a month.
• Voluntary fulfillment of obligations. Parents can enter into an agreement without involving the court. To ensure that the interests of the child are not infringed upon, it is worth finding out the minimum permissible limit for child support. That is, the agreed amount should not be lower than the one that the court could assign,

If there is no agreement between the parents, then the amount is set by the court. The calculation is made using the following algorithm:

• The amount is set by default as a deduction of a percentage of the mother’s salary (for one child - 25%, for 2-30%, for 3 or more - 50% of the total income.);
• If the mother does not officially work anywhere or her income is not regular, then a fixed amount of payments is established monthly;
• The court may decide to combine payment options, that is, simultaneously use both options for calculation, taking into account a percentage of earnings and a fixed amount.

The court has the right to reduce or increase the shares of the defendant’s income determined by law if there are circumstances worthy of such a decision. Even if the mother does not have a stable income, this does not relieve her of the obligation to financially support the child.

The father has the right to demand collection of alimony debt through the bailiff service, which may entail the seizure of property belonging to the mother.

Do you need to collect child support payments from the child’s mother, but don’t know how to do it? On the website 33urista.ru you can get a free consultation from our lawyers on this issue or others that require qualified legal assistance. To do this, you just need to formulate a question of interest and send it to our specialist.

How to apply for child support for the mother if the child lives with the father?

Regulatory framework

The Family Code of the Russian Federation regulates the relationship between parents and children. His following articles concern divorce and alimony collection:

• Article 80 reveals the responsibilities of both parents for the maintenance of their children. Paragraph 1 allows for the possibility of an agreement in which the former spouses prescribe the amount of alimony payments and the method of transferring funds. Paragraph 2 adds that in the absence of this agreement, alimony is collected in court.
• Article 81 prescribes the amount of child support for a certain number of children.
• Article 83 allows for the determination of a fixed monetary amount, which is established by both former spouses, bypassing the share clearly indicated in Article 81 .
• Article 100 prescribes the form by which former spouses agree in writing for regular alimony payments.
• Article 107 describes the right of the alimony recipient to sue the payer if cash payments are not transferred on time.
• Article 115 prescribes liability for late payment of alimony.
• Article 119 prescribes the possibility of changing the fixed amount of alimony through judicial proceedings.

It is important to know all these provisions and use them competently in order to prove your case in court.

When should a mother pay child support?

The chance of receiving child support from the mother remains if the following conditions are met:

• The relationship of both parents is documented. The child's birth certificate contains the names of both mother and father. If a child is born in marriage, there is no problem with this. However, if the marriage was civil, then the mother is officially considered single and she can put a dash in the “father” column in the document. In order to raise a child and demand child support from his mother, you need to officially confirm your paternity. At the same time, it is not necessary to get married in the registry office; a birth certificate is sufficient here.
• The mother has sufficient means to help the child: money or property. In a situation where a woman has literally nothing: no job, no property, the chances of achieving anything from her are minimal.
• The child for whose support funds are required has not yet reached the age of 18. If the child is incapacitated, the period of his support is extended after 18 years.

Payment amount

The legislation clearly prescribes the amount of alimony, regardless of who will pay it: the father or the mother. The rules here are:

• exactly a quarter of income is spent on providing for one child;
• for two children – a third;
• for three or more – half.

50% is the maximum level to which the amount of alimony payments can reach.

The mother has the right to request the court to change the amount of money she pays for child support under the following circumstances:

• her income level has decreased significantly, for example, due to dismissal;
• her health has worsened and she needs money for treatment;
• another child appeared in her new family.

A father raising a child alone can also ask the court to increase the fixed amount if he has received information that his ex-wife has gotten a well-paid job or receives another large income.

Design rules

Alimony payments can be issued either on a voluntary basis, by mutual agreement, or through bailiffs. The second option is relevant when attempts to negotiate have not been successful, and the mother has accumulated a significant debt.

The forced method is implemented in the following steps:

1. If the child lives with his father, he goes to court with a request to assist in obtaining alimony from his ex-wife.
2. If the case is reviewed positively, the father receives a court order to start proceedings on the debt.
3. He submits this document to the bailiff service.
4. The bailiff appointed as executor in this case initiates legal proceedings and tries to collect child support from the mother using all available methods.

The list below tells you what documents are needed to obtain alimony:

• statement of claim;
• passport;
• child's birth certificate;
• marriage registration certificate (if it is official and not civil);
• a check confirming payment of the state duty;
• documents that serve as confirmation of the information indicated in the claim.

All these documents (originals and copies) are submitted to the court so that proceedings can be launched on their basis.

What income is alimony levied on?

Alimony payments are withheld from the following income:

• regular income - salary;
• irregular remuneration, such as royalties;
• additional payments for difficult working conditions;
• bonuses for qualifications or academic degrees;
• vacation pay;
• earnings of convicts;
• allowances for military personnel.

Deadline for paying alimony

If the former spouses managed to agree on alimony payments, they enter into an agreement where, among other data, they enter the date of monthly payments. In many cases, this date coincides with the day the mother receives her salary.

In case of regular delays, a debt is formed, and then the father is forced to go to court to influence the negligent payer.

Responsibility for non-payment of alimony

If the agreement concluded between both spouses prescribes penalties in case of debt, they are applied to influence the mother. She answers in full accordance with the agreed points.

If a large debt arises, the father files a lawsuit, and the mother is held liable in the form of a fine or other sanctions.

If the mother is deprived of parental rights

• she treats the child too harshly;
• improperly performs his duties towards him;
• it is dangerous for a child to be near such a mother;
• a crime has already been committed against him;
• After the divorce, she maliciously avoids paying alimony and has accumulated a significant debt.

Even a mother who has been deprived of parental rights can apply for child support. However, after many years, an elderly mother will no longer be able to demand child support from her grown-up child if she did not participate in his upbringing in any way.

Conclusion

So, both parents are equal before the law, and each of them is obliged to support their children. After a divorce, children remain with one parent, and the other pays alimony to support them financially. Both mother and father may find themselves in this situation. While traditionally children remain with the mother and the father pays child support, rare exceptions arise when the situation is reversed.

A single father must act within the law, and it is recommended that he consult with an experienced lawyer to ensure that his actions are correct.

Particular attention should be paid to the text of the alimony agreement so that all the conditions are spelled out there, including the actions of both parties in the event of a delay in payments and the formation of debt.

To give the agreement legal force, it must be certified by a notary.

Alimony from the child's mother

Most often, alimony is paid by fathers who refuse to voluntarily support their children. According to unofficial statistics (according to the calculations of some lawyers and notaries, as well as court officials), the obligation to pay alimony falls on two mothers out of a hundred , while the remaining 98 payers are men.

Child support can be arranged either voluntarily or compulsorily. Their size depends on the mother’s earnings, the family and financial situation of the parties, as well as other conditions. A sample statement of claim for alimony from the child’s mother will help you competently draw up a claim and speed up the process of collecting funds for the child.

Conditions under which you can count on alimony from the child’s mother

According to Family Law, parents are required to support their minor children . If the mother evades fulfilling her duties, then the father caring for the common child has every right to demand that she pay child support. This can be done both while married and after its dissolution.

A father who insists on payments in favor of his children must remember that the following conditions exist that make such a requirement possible:

1. The relationship of the father and mother with the children must be documented . If, as a rule, everything is simple with the mother, because she is the one indicated on the child’s birth certificate, then difficulties may arise with the status of the father. To claim payment of alimony, the father must be recorded in this capacity on the birth certificate or must acknowledge paternity if the child was born out of wedlock or his mother initially decided to put a dash in the “father” column. Thus, in order to claim child support from the mother, the applicant's paternity must be legally recognized.
2. It is important to know that even if the father of the children is not legally the spouse of an unscrupulous mother who evades providing support to the children, he has every right to demand alimony from her .
3. The child for whose upbringing the father expects to receive payments must be no older than 18 years , since upon reaching the age of majority, the mother’s statutory obligation to pay child support ceases automatically. Exceptions are situations when disabled adult children need help.
4. You can also collect alimony from the mother of a common child for the past period, but only within a period of 3 years - see paragraph. 2 hours 2 tbsp. 107 of the Family Code (SC) of the Russian Federation. This means that if the father did not demand alimony for many years, and then suddenly decided to do so, collection of alimony is possible only for a three-year period and only if the man proves that he had previously turned to the child’s mother for help, but was refused .

Size

The amount and method of child support payments from the mother depends on many factors. Let's look at the standard options:

Whether the child(ren) is a minor . For minor children, alimony is most often collected as a share of income, and for disabled adults - in a fixed sum of money (TDS), paid monthly.

Voluntariness of payments . According to the law, parents can enter into an agreement and specify the amount of payments in it, subject to the requirement that the amount of alimony under the agreement cannot be lower than what the child could receive in court. If there is no agreement, the amount of payments is determined by the judicial authority. This is done as follows:

• by default, the amount is set in the form of a monthly deduction of the mother’s share of earnings (for one child - 25%, for two children - 33.33%, for three or more children - 50% of earnings);
• alimony can be collected in the TDS if the mother’s earnings are irregular, paid in kind or in foreign currency, or are officially absent altogether;
• if necessary, the court may establish a combined method of payment - in the form of a share of income and in a fixed sum of money at the same time.

If children remain with each parent, the wealthier parent will be required to pay child support to the less wealthy parent. In this case, the amount of alimony is established in the TDS (see Part 3 of Article 83 of the RF IC).

It is also important to know that the court may reduce or increase the statutory shares of earnings to be paid for child support, taking into account meritorious circumstances.

If the mother does not work and does not receive income, then she must seek funds in any way to pay alimony, in the amount established by the court, based on the minimum wage (minimum wage). Otherwise, the father, through the bailiff service, can foreclose on property belonging to the mother.

Decor

There are two ways to apply for child support:

Voluntary registration . In this case, the parents can enter into an agreement that the mother will pay funds for the maintenance of the child (children) in a certain amount and order. Such an agreement must be certified by a notary, otherwise it is simply invalid.

Involvement of the judiciary . If agreement cannot be reached, the father must seek help from the court. This is done according to the following algorithm:

• Step 1. The father applies to the court at the place of residence of the mother of the child (children) and, depending on the circumstances, files an application for a court order or a claim for the recovery of alimony for common children.
• Step 2. The issued order or court decision is sent to the bailiff service, which initiates legal proceedings and collects alimony from the mother (at the place of work, through the sale of property belonging to her, etc.)

From his marriage with Solomina I.A. there is a minor son, Solomin Artem Igorevich, born 04/28/2012. Since 2017, my wife, defendant Solomina I.A., having got a new job (as a singer in a restaurant), began to lead an immoral lifestyle, being absent at night, disappearing from home for more than a day.

She began to involve her elderly mother and me in raising Artyom; I also did not see money from her to support my son, especially since paying for the apartment and buying food for the family is also my responsibility.

Concerned that Irina began to behave this way towards me, as her husband, and towards her son, I submitted a statement to the commission for minors and the protection of their rights of the Bryansk city administration in order to study the defendant’s behavior towards the child. Last spring, Irina was summoned to the commission, where a warning was issued about the deprivation of her parental rights; there is a resolution from this meeting. However, after the commission, Irina, having collected her things, left home altogether, leaving me with my son.

I have filed for divorce and am awaiting a court hearing on the divorce proceedings, since our marriage has no actual significance with such a mother, whom, if her behavior does not change, I am going to deprive of parental rights.

I support my son on my own, ensure his studies in the 1st grade, and take him to the football section.

Based on Art. 131-132 Code of Civil Procedure of the Russian Federation, art. 81 IC RF

I ASK THE COURT: To collect alimony from I.A. Solomina in favor of the minor son of Solomin Artem Igorevich, born on April 28, 2012. in the amount of 1/4 share of the defendant’s income.

I am attaching to the statement of claim:

1. Copy of the passport.
2. A copy of the child's birth certificate.
3. A copy of the decision of the commission on juvenile affairs.
4. Certificate from the child’s place of study.
5. Certificate from the football section for a minor.
6. Characteristics of the child from the class teacher, reflecting the role of the father in upbringing.
7. Characteristics from the place of residence of I. A. Solomina.

“___” ________ 2023 ______________ /Solomin I.N./

Collection procedure

If the parents have entered into a notarial agreement, then alimony is collected in accordance with its terms.

If the mother refuses to fulfill the terms of the agreement, the father can contact the bailiff service for collection, since the agreement has the force of a writ of execution. There is no need to go to court for this.

If there is no agreement and there has not been one, then the procedure for collecting funds is determined by the court and implemented by the bailiffs.

Funds are withheld from the debtor mother’s salary at the place of work in the amount specified in the agreement or writ of execution. The administration of the organization transfers a certain amount to the account of the recipient father.

If the mother does not have earnings or is not sufficient to pay child support, then they can be withheld from the funds in her bank accounts.

If these funds are not enough, then collection of the resulting alimony debt may be assigned to the property.

Alimony from mother

The legal representatives can demand payment of alimony from the mother : the father raising the child , guardian or trustee. You can request alimony payments both during marriage and after divorce.

In order to receive alimony, it is important for the child’s father to know that the mother must have the financial means to fulfill the monetary obligation or property that can be foreclosed on. Paternity must be officially . The child’s age is no more than eighteen years, or the child must be disabled.

Alimony can be collected in a fixed amount of money, or in the amount of one-fourth of the mother’s income for one child, for two children the amount is one-third of her earnings, for three or more children - half of the mother’s income.

Collection of alimony from the mother is possible by concluding an agreement on the payment of alimony between the parents, or on the basis of a court order or filing a statement of claim to obtain a court decision to collect alimony.

Amount of child support from the child's mother

Child support is funds provided by law for separated minors or disabled children. The amount of these payments can be determined by an agreement reached between the parents or based on a court decision .

The agreement on alimony payments is drawn up in writing and must be certified by a notary (Article 100 of the RF IC).

For a disabled child, alimony is paid every month and in a clearly established amount (Article 85 of the RF IC). A child recognized as disabled for health reasons is a child. A child studying full-time in an educational institution until the age of 23 is not considered disabled.

Funds for the maintenance of a minor child, recovered by court decision, are calculated:

• three children or more - exactly half of the mother’s earnings;
• two children - one third of the income received;
• one child - one fourth of the salary (Article 81 of the RF IC);
• or determined by the court as a specific monetary amount.

It is important that the amount of alimony payments, which is established by agreement of the parties, should not be lower than the amount of alimony that could be determined by the court (Article 103 of the RF IC).

Example

Golikov I.V. filed a lawsuit against his ex-wife, S.G. Golikova. on invalidation of an agreement to pay alimony.

In the agreement, the amount of child support obligations was: one-fourth of the mother’s earnings for two minor children.

The plaintiff explained that he did not know exactly what the minimum amount was established for such obligations, so he agreed to the conditions offered by his ex-wife. But after seeking legal advice, he learned that the payment under the agreement was underestimated.

Taking into account family circumstances, financial situation and other factors, the court has the opportunity to increase or decrease the amount of alimony payments for minor children (Article 119 of the RF IC).

How to collect child support from the mother of a child

To receive child support payments from the mother of the child, the father must take into account the following conditions:

1. Paternity must be officially confirmed. That is, the father must be indicated as such on the child’s birth certificate. When the parents are married, this entry is made automatically. If the child was born out of wedlock, then the fact of paternity is determined either judicially or voluntarily.

1. The child must not be more than 18 years old , otherwise, upon reaching adulthood, the mother’s obligation to pay child support will be terminated. In addition to payments for disabled adult children.
2. The mother must have material means to fulfill obligations, or property to recover. However, lack of income is not a basis for exemption from alimony.

The mother is obliged to seek funds to pay alimony , otherwise, through the bailiff service, the father has the right to foreclose on the property that belongs to her.

It is possible to collect alimony from the mother in the following ways :

• execution of a voluntary agreement , which specifies the method, procedure and amount of payments for alimony obligations. If the mother refuses to fulfill such an agreement, the father has the right to turn to the bailiffs or at the mother’s place of work to enforce the collection of alimony (Article 99 of the RF IC);
• by applying to the magistrate's court to obtain a court order (court decision to collect a sum of money from a person) (Article 121 of the Code of Civil Procedure of the Russian Federation). The order is issued by the court after filing the application within 5 days . In simplified proceedings, that is, when making an order, the presence of the parties is not necessary. The court order is sent to the bailiffs;
• by filing a statement of claim in court (Article 106 of the RF IC).

For a child who is being raised by a guardian or trustee , or is permanently residing in specialized organizations (medical, educational institutions), alimony is collected from the mother through the court (Article 84 of the RF IC).

For the past period, alimony is collected only within three years from the date of application to the court, and it must be established that measures were previously taken to obtain alimony, but the person obligated to pay evaded paying it (Article 107 of the RF IC).

Statement of claim for the recovery of alimony from the mother of the child

A claim for alimony from the mother must be filed with the magistrate's court at her place of residence or at the place of residence of the father . The state fee for such claims is not paid (Article 333.36 of the Tax Code of the Russian Federation). The court considers the application and makes a decision on its acceptance within five days.

Lack of financial assistance from the mother for the child is the main condition for going to court. At the same time, if the mother provides some kind of financial assistance, then it is necessary to indicate the periods and amount of payments, and explain to the court why these funds are not enough .

The claim itself can be filed in person or, for example, sent by mail ; the courts provide for the possibility of filing such documents in electronic form .

The claim must contain the following information:

• information about the court to which the document is sent: address, court district;
• information about the applicant: last name, first name, patronymic, date of birth, place of birth, residential address, telephone number;
• information about the defendant (the same as information about the applicant);
• information about circumstances relevant to the court, for example, whether the parents were married, whether the mother provided financial assistance to the child;
• links to articles from the codes of the Russian Federation confirming the father’s right to receive alimony and to submit an application to the court;
• amount of alimony.

The application must be accompanied by the child’s birth certificate, a certificate of family composition, marriage registration documents or divorce documents if the parents were married, and other documents that the court may need.

Claims to recover alimony from the mother for a disabled child can be filed by the adult himself or his guardian or trustee . The fact of whether a child needs to receive alimony is determined by the court for each specific case.

Example

Sorokin A.Yu. (guardian) filed a lawsuit in the magistrate's court for the recovery of alimony from the mother of a disabled child, a disabled person of group 1 - Yu.A. Belikova, whose guardian he is. Sorokin A.Yu. explained that the government payments that the child receives monthly for his normal maintenance are not enough.

He provided the court with checks and receipts for the past three months, as a fact that state support does not fully cover the costs that are necessary for the child.

The magistrate of the court district, having considered the circumstances of the case, took into account the nature and severity of the child’s illness, the need to purchase medicines and additional means to maintain his health, and took into account the financial situation of Sorokin A.Yu. and the monthly income of Yu.A. Belikova, her marital status, and the court determined to collect alimony from the child’s mother in a fixed amount of 10,000 thousand rubles monthly.

The court considers the claim for alimony payments within one month , hears the parties, examines the evidence, and clarifies the necessary facts.

Court decision to collect alimony from mother

A civil case to collect alimony from the mother ends with a court decision By its decision, the court may:

• satisfy demands for payment of alimony;
• refuse to satisfy such demands.

If the collection of alimony from the mother is refused, the father or legal representative has the right to file an appeal (a means of appealing a court decision). An appeal is filed through the court that made the corresponding decision, no later than one month (Article 321 of the Code of Civil Procedure of the Russian Federation)

The court decision itself to collect alimony from the mother comes into force one month after it is made.

a writ of execution from the magistrate to force the collection of alimony from the child’s mother through the bailiff service.

It is important that the alimony received by the father, guardian or trustee must be spent exclusively on the needs of the child, and not used by them to satisfy personal needs and requirements.

Example

Applicant Khripunova N.Yu. appealed to the magistrate with a claim to change the procedure for executing a court decision to collect alimony payments for her minor daughter by transferring 50% of these payments to an account opened in the child’s name in a bank, on the basis of Art. 60 IC RF. Khripunova N.Yu.

expressed concerns that her ex-husband (B.I. Khripunov) might spend the alimony that she pays to her daughter for other needs. And the amount of money accumulated in the bank by the time the child reaches adulthood could serve to satisfy the child’s interests in the future. Khripunov B.I did not appear in court.

A court decision to collect alimony from the mother contributes to the restoration of the violated rights of a minor or disabled child.

Conclusion

In our country, the number of children whose upbringing is cared for by their father, guardian, and trustee increases every year. In every tenth case, the courts make a decision to leave the child with the father.

a voluntary agreement can be concluded between the parents to pay alimony, their amount, method and procedure for payment can be independently determined, based on the current rules of law.

However, often it is not possible to reach an agreement, and then the father or legal representative has the right to go to court to force the collection of alimony from the child’s mother.

To apply to the courts, you must comply with certain conditions and procedures and provide the necessary documents and certificates.

Magistrates' courts make a decision on the payment of alimony, determine the size and form of these payments, the procedure and method for calculating amounts of money from the child's mother.

are obliged to take part in the maintenance of their children on equal terms , therefore, receiving funds to provide for the child by the father or legal representatives from the mother is a right guaranteed by the law of the Russian Federation (Article 80 of the RF IC).

Alimony from the child's mother

In the popular consciousness, the obligation to pay child support is almost always assigned by the court to the father, and not to the mother of the child. Although in judicial practice there are enough examples where fathers conscientiously raise their children, and it is the mothers who pay their maintenance.

At the same time, it is not at all necessary that a woman leads an asocial lifestyle. However, if she, like negligent fathers, begins to evade paying alimony, then there is a way to force her to fulfill the obligation in full.

Despite the fact that, according to official and unofficial statistics, the majority of “deviators” are men, the issue of the amount and receipt of funds from the mother deserves detailed consideration.

When does the obligation to pay child support arise?

Family law establishes the obligation of parents to support children until they reach adulthood, that is, 18 years of age. This obligation may disappear earlier if the child declares emancipation (Article 27 of the Civil Code of the Russian Federation) or gets married before reaching this age. Or later, if the child is disabled (from birth or became disabled later).

Sometimes, a father may demand alimony while in a formal marriage. For example, if:

• the mother was deprived of parental rights;
• she does not raise the child and does not provide him with financial assistance;
• lives separately for a long time, etc.

Both parents bear an equal burden of financial support for children during the marriage and after its termination. With a slight difference: after a divorce, the child remains with one of the parents, in our case with the father.

Therefore, the mother has the obligation to pay the money due to the child to her ex-spouse. The father uses this money to provide for the child's needs.

Please note that deprivation of parental rights does not relieve you of responsibilities. Including the payment of alimony.

Under what conditions can child support be withheld from the mother?

In order for the child’s father to have a chance not only to demand alimony from his mother through the court, but also to receive it, a number of conditions must be met:

• Both mother and father must have a relationship with the child (children), confirmed by documents . This is usually easier for the mother; her name is written on the birth certificate. As for the father, he must confirm his biological paternity de facto de jure. That is, recognize it if the child’s document contains a dash in the corresponding column or if the birth took place out of wedlock.
• The mother must have an income . His absence will not be recognized in court as an argument for exemption from the obligation to pay alimony. But it will significantly reduce their size and the likelihood of receiving them. Practice shows that so far all measures applied to debtors do not have a tangible effect.
• The child's age cannot exceed 18 years . With the exception of a special case - disability. It does not matter at what age it was received. Adult but disabled children have the right to financial support from their parents.
• The period of claim for collecting alimony is three years . If the father has not previously applied to the court to obtain them, he can count on repayment of the debt for the last three years and further payment of funds on a regular basis.

The absence of an official marriage between the father and mother of the child will not be an obstacle to collecting alimony from the latter through the court. Her relationship with the child is enough.

Amount of alimony

The amount that the child's father will receive from his mother for maintenance depends on several factors:

• it is determined voluntarily or by court;
• children's age;
• mother's income;
• her family and financial status.

The Family Code gives parents the right to agree on the amount of alimony themselves and formalize it in a written agreement (Clause 1 of Article 80 of the RF IC). In this case, if the mother evades the obligation to pay, the court will proceed precisely from the terms of such an agreement. And collect the amount indicated there or a percentage of the income received.

If there is no agreement, then the amount of alimony is established based on the provisions of Art. 81 RF IC. The following values ​​are given there:

Amount of children	Share of salary or other income
1	1/4
2	1/3
3 or more	1/2

The court may change the size of these values ​​up or down. In this case, it will be based on circumstances worthy of attention, such as the financial and marital status of each parent, the presence of each of them other children, etc. A combination of methods is also possible: part of the income plus a certain amount on top of this.

If the child’s mother has an irregular or unofficial income, then it would be more logical to establish alimony in a fixed amount. This will help protect the child's right to receive maintenance from both parents equally.

For an adult disabled child, the father will receive alimony from the mother in a fixed amount. In this case, the rules of Art. 81 of the RF IC does not apply to determining their size.

Registration procedure

The law recognizes two ways for a father to formalize alimony from a child’s mother:

In the first case, the parents enter into an agreement between themselves, which specifies the amount and procedure for paying child support. The document must be drawn up in writing and must be certified by a notary. Otherwise it has no legal force. As long as the terms of the agreement are fulfilled and the parties do not have a dispute over the terms, the state does not interfere.

Through the court, the child's father can demand child support if the mother does not comply with the terms of the agreement or there is no agreement at all. To obtain compulsory maintenance, the father will need:

• Contact the court at the mother’s place of residence. Based on the results of consideration of the application, a court order is issued.
• Take this document to the bailiffs. They open enforcement proceedings and collect the amount of debt specified in the order and further alimony (through the sale of property, deductions from wages, etc.).

The child's mother can appeal the court order. To do this, she is sent a copy of the document. If this happens, the father will have to file a claim and prove his right to receive child support. In this case, contacting bailiffs is possible only after a positive decision on the claim.

The amount of alimony determined by agreement between the parents may be either greater or less than what is required by law. Everything depends on the goodwill and financial situation of the mother.

Methods for collecting alimony

The term “collection” implies the compulsory nature of this action. And indeed, if the negligent mother does not want to pay, the bailiffs will force her to do so. The father addresses them, holding in his arms:

• notarized agreement;
• court order;
• decision to satisfy the claim.

Bailiffs have two options to collect the required amount:

• Apply with a writ of execution to your place of official work. The employer will withhold part of the employee's salary and transfer it to the specified account. This is done automatically; consent to deduct from your salary is not required.
• Use funds from bank accounts. This method is used when the official salary is too small or absent (for example, for an individual entrepreneur). Funds from the debtor's account are transferred to the account of the child or his father.
• Auction part of the property. To do this, an inventory is carried out, and then implementation is organized. The proceeds go to cover the alimony debt. The remainder, if any, is transferred to the former owner of the items.

If the court satisfies the claim and collects alimony from the working mother for the last three years, then the debt will be repaid in installments. Labor laws limit the amount of wage deductions, even when children are involved.

The law protects the right of minors to receive maintenance from both parents. Mothers are obliged to pay maintenance to their children in the same cases as fathers and in the same amount. Parents are not required to be married. The mother can pay the money due to the child voluntarily. Or they will be collected from her through the court.

When considering the issue of child support, the court will take into account the income of both parents, their marital status and whether both have other children in need of support. However, none of these factors is a basis for canceling the parents' responsibility to provide for the needs of the child until he reaches adulthood, and in some cases, longer.