Claim for child support (model) 2023, how to write the correct claim for maintenance: form, example

The application for child support is a document in which the applicant expresses the need for assistance from the spouse in the material situation of the family and also sets out his or her claims to the defendant.

When the need arises to demand maintenance from the surviving spouse in order to maintain the material condition of the children, the applicant should better study the procedure for the implementation of the entire procedure in order to comply with the legislative rules of the Russian Federation. The application for maintenance is part of the fundamental document on the basis of which the court declares the award of payments.

Who can file a child support claim?

If a claim for alimony is brought by the parent (father or mother), it must be a necessary circumstance to live together with the child, since the upbringing of the children must be carried out equally by both spouses, irrespective of whether they are in a marital relationship or divorced or living together or separately; failure by one of the spouses to fulfil their obligations to support the child ' s income may be grounds for bringing a claim for maintenance before the court.

If the child lives with his or her family, he or she has the right to submit to the court a request for maintenance from a silly spouse only after the child ' s right to custody has been acquired; only the official guardian can represent the child ' s interests in judicial and other institutions.

Where to apply for alimony

If the husband makes an application for maintenance from his husband while he is married, the application shall be submitted to the court of their place of residence.

According to the lawyers, it would be more convenient for the plaintiff to try the case by a court located in the defendant ' s area, which ensured that the decision to apply for maintenance to the bailiff was made more quickly.

How do you write a proper claim for alimony in 2023?

At the same time, even after having received a ready-made template, it will be useful to read the article and read the rules for filling in such a letter so as not to repeat the mistakes often encountered in practice.

To date, there are rules of civil procedure in place for the completion of a claim (art. 131 of the Code of Criminal Procedure of the Russian Federation), which may lead to the return of a complaint or to the cessation of a claim without further action; it is therefore recommended that the general rules for the processing of a document be used in the completion of a written application.

As a rule, the application consists of the first part, which shows all the information about the addressee, the Seeker, and the respondent, and the second part, the substantive part, which describes the substance of the request.

Part One

Any application shall start with an introductory part showing the following:

1. The name of the judicial structure to which the applicant sends the request, showing the address to which the court issuing the document is located.
2. Retriever data, with the complainant ' s F.I.O., and addresses of the propiska or location.
3. Information about the defendant, showing the same data as the plaintiff.
4. The estimated value of the claim is noted.
5. Once this information has been completed, the title of the document on the centre line, "The Statement of Claim...", will be filled in.

To the substantive part

This section of the request describes the substance of the document being prepared, indicating the need to collect maintenance payments and the maintenance arrears that have arisen.

1. F.I.O. is the person from whom alimony is required.
2. Passport data or other document supporting the debtor ' s identity.
3. Year and place of birth of the defendant.
4. Address of his propiska or actual location.
5. F.I.O., a child whose maintenance requires recovery.
6. The baby's birthday.
7. The details of the birth form.
8. Amount of maintenance claimed.
9. The date of commencement of the call for payments.
10. Date of marriage of parents.
11. Date of break-up of the marriage (if any).
12. Requisitions of marriage papers and the break-up of the marriage relationship.
13. After the descriptive part of the text, a request for maintenance from the spouse should be made.
14. Under "Annex", compile a list of the materials attached to the request.
15. Finalize the date of writing of the letter and place the personal signature of the originator of the form.

Model application for child support in the Russian Federation 2023

What documents need to be collected to file a claim for child support

The following documents are normally attached to the request:

1. A photocopy of the complainant ' s passport.
2. A copy of the marriage certificate or the break-up of the marriage (if there are such papers).
3. A copy of the child ' s birth certificate in respect of which maintenance payments are sought. Parents are required to be shown on the certificate. If the father is not on the form, a confirmation of paternity is required before the payment is required.
4. A certificate of guardianship.
5. Family membership certificate issued by the housing institution at the child ' s propiska; this certificate certifies the child ' s address with one of the spouses.
6. A certificate about the spouse ' s earnings is not always available because fathers who evade maintenance often hide their income and place of employment.

All attached materials are presented in the form of ordinary photocopies (the originals are made available at the court hearing). The number of copies of the request and the package should be equal to the number of participants in the proceedings (the request is often prepared in three copies for the court, the applicant and the defendant).

(Video♪ Maintenances in 2018 – latest changes ♪

Child maintenance in 2023

To date, the following methods of intervention have been applied to evasive maintenance:

1. Prohibition of travel abroad (if the debt exceeds 10,000 roubles).
2. Restrictions on the use of driving permits.
3. The deprivation of parental rights in the courts.

As a result of these measures, the number of evaders fell by 900,000 in 2018; however, the problem of the demand for maintenance payments remains acute.

Thus, Bill No. 489583-6, which proposes amendments to the Family Code of the Russian Federation, is now registered in the State Duma and, if adopted, will ensure that:

• Use alimony from children ' s indirect relatives (grandmothers, grandparents, aunts, etc.).
• To charge them with child-rearing funds through the courts.
• To commit a minor in the future to care for guardians after becoming an adult.

Note: These legislative amendments will raise the standard of living of children in a number of situations, such as if parents are dead or missing.

The priority method of listing alimony in 2018-2019 is a voluntary, notarized contract; however, the main method remains to force abusive spouses to seek maintenance payments through the courts.

As of today and in 2023, maintenance payments remain the same:

• For one child, 25 percent of the spouse's income.
• Two babies, 33%.
• For three or more children, 50 per cent of the income.

Note: Accrued salary, as reflected in the official payroll, is taken into account for the calculation of maintenance payments; it cannot be less than the SMIC.

Consideration of a claim for child support

In conflict proceedings, the judge shall determine the claimant ' s right to claim maintenance payments against the defendant, whether the child ' s maintenance from the parents is sufficient and the amount of the maintenance is fixed.

The court proceedings end with a verdict, which either sets the amount of maintenance or denies the plaintiff ' s claim.

In making the determination, the justice of the peace shall always declare only a positive section; if the person taking part in the trial is not clear the conclusions of the court and he wishes to receive a copy of the verdict, he or she shall have to write a request to that effect.

The court decision on the claim for maintenance shall be valid 30 days after its announcement, unless an appeal has been filed; in the appeal form, the court decision shall become effective after its review by the appellate body.

Once the definition of validity had been obtained, an executive list should be sought and sent to the bailiff or the problem of the transfer of maintenance by another method should be resolved.

To download the sample and claim form for maintenance

Application for maintenance in marriage (model) 2023

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The obligation to pay alimony or voluntarily support their children is mistakenly linked by many parents, and families often face a situation in which one parent fails to fulfil his or her responsibilities for the maintenance of minor children, although he or she continues to live in or out of the family, and the marriage remains a prisoner.

The law does not require the payment of alimony after divorce, and all parents who do not voluntarily contribute to the child are required to pay alimony.

When can you apply for alimony in marriage?

The most common problems with the maintenance of children in marriage are:

• The parent (most often husband and father) has his own budget and income, of which nothing is allocated to the child;
• The father or mother does not work, does not provide assistance in the home, does not pay for the child;
• The parents are separated from the married couple and the parent who lives separately from the child does not pay alimony and does not provide voluntary assistance.

In all these cases, the parent with whom the child or children live has the right to file a claim for maintenance during the marriage; the dissolution of the union is not required to provide the child with the necessary maintenance through the court.

Note: A child in a marriage is also often subject to compulsory recovery in cases where maintenance needs to be adjusted due to the birth of a child from a second marriage.

Learn more about the nuances of the recovery of maintenance in marriage and without divorce in a separate publication on the subject.

How do you write a lawsuit right?

The recovery of maintenance in a marriage is globally no different from the general policy of retaining cash assistance for a child after a divorce, just as it does not have any key differences and a statement of claim.

The main difficulty in recovering money for the child will be to justify the lack of material assistance from a poor parent, and it is difficult to prove this fact when living together in a marriage, as the defendant may argue:

• It doesn't work, it doesn't have income, but it helps with the household and it deals with the child (this may be both the mother and the father);
• It has irregular and (or) informal revenues that contribute to the overall budget;
• His help is non-financial, for example, a parent can grow vegetables on a farm or look after the farm (in the province and in his own household).

The most interesting thing is that each of these examples has every chance of life and recognition by the court.

All of these circumstances need to be justified regardless of their "author." The claimant parent will prove that there is no help from the marriage partner, but the marriage partner will be all true and untruthful to prove his involvement in the child's possible maintenance.

The general requirements for all claims are set out in articles 131 to 312 of the Code of Criminal Procedure of the Russian Federation, which apply fully to claims for maintenance in marriage.

Form and content

Although there is no clear list of information to be found in the claim for maintenance, in practice there is almost a mandatory list of information without which the court simply will not accept the document; it is formulated in accordance with the requirements of article 131 of the Code of Criminal Procedure of the Russian Federation.

In the suit for maintenance in marriage, the following must be stated:

• Name of judicial authority with precise address;
• The complainant ' s and the defendant ' s FIO, their address and official registration;
• Contact information of the parties on the case;
• Description of the case: When the marriage is concluded, when the child is born;
• Description of the grounds for the claim: why the defendant deviates from the child ' s maintenance, what this is and what this relates to;
• Justification of the method chosen to retain maintenance (allowance or firm amount);
• Court demand;
• List of attached documents, personal signature and date of signature.

The suit is written, both hand-written and computer-based, but if the suit for alimony in a marriage is written in a handwritten form and indiscretion, the judge will leave it without further movement and propose that the document be rewritten, which is a legitimate and well-established practice.

What means of recovery of maintenance in the marriage should be specified in the suit?

As in the case of divorce, the means of recovery of maintenance is not tied to divorce or marriage, nor to the particulars of the recovery of maintenance.

According to the plaintiff, the retention of maintenance may be requested:

• In a fixed sum;
• In proportion to all types of earnings, with a reference to the number of children.

A variety of factors influence the way in which a child is treated for help in marriage.

In the ratio of maintenance, the defendant ' s earnings would certainly be recovered if they were official and stable; in all other cases, the claimant was entitled to claim maintenance in a firm amount to be indexed periodically to the inflation rate.

Example: Maria E. filed a lawsuit against her husband, Sergei E., demanding the recovery of 10,000 roubles per month for the maintenance of their common son Cyril.

Requests that payment be established in a firm amount, since Sergei is an individual entrepreneur and has an irregular source of income.

The court granted the claim and recovered the alimony from Sergei because he was unable to refute the evidence submitted by the plaintiff.

Model application for maintenance during marriage

• The preparation of a claim requires sufficiently extensive legal knowledge and free guidance in the norms of the Criminal Code of the Russian Federation.
• You can use the following model application to try your powers in drawing up your own claim for maintenance during marriage.
• 

To download a sample of a suit for maintenance in marriage.

APPLAUSE: It is not highly recommended that a suit should be prepared on its own unless you have previously had practical experience in the field of law, and our lawyers are prepared to advise you free of charge on any matters relating to the preparation of the application and the recovery of maintenance during the marriage.

Mistakes in the claim and violations of the provisions of article 131-132 of the Code of Criminal Procedure may result in:

• Abandonment of the document without the motion of the judge;
• Return of documents immediately or in the event of the expiry of the deadline to correct deficiencies.

This does not prevent an application from being filed again, but will result in a loss of time and delay in the process of recovery of the child ' s funds.

Where to serve

A claim for maintenance in a marriage must be filed at the place of the defendant ' s official registration, a place of residence other than the address of the registration shall not be deemed to be such.

The plaintiff may choose the place of the hearing and the court in his or her place of residence, but only in cases where:

• The child lives with the plaintiff;
• The plaintiff has an objective health problem that prevents him from leaving for another town.

These circumstances, which give the applicant the right to choose the place of the hearing, must be confirmed by the relevant documents, and only the justice of the peace is empowered to hear maintenance claims, both in marriage and after divorce.

An exception that would result in the referral of the case to the district court would be:

• Simultaneous division of property between spouses;
• Children ' s disputes;
• Statement of counter-claim for the abolition of paternity.

The remaining situations are dealt with by the justice of the peace in accordance with the regional jurisdiction established by law.

I'm sorry. I'm sorry. I'm sorry.

The amount of the maintenance fee to be paid is a fixed amount of 150 roubles.

In doing so, the plaintiff is fully exempt from its payment obligations – in the event of victory, the amount will be withheld from the defendant; and if the claim is dismissed for some reason, the plaintiff will have to pay the money.

The related claims, together with the claim for maintenance in marriage, are paid in accordance with article 333.19 of the Criminal Code of the Russian Federation.

Documents in the suit for maintenance in marriage

Only an experienced lawyer who has studied all the circumstances of your case can establish a precise and actionable list of documents.

In any event, it will be necessary to submit to the court:

• A copy of your passport;
• A copy of the suit for maintenance in marriage for the defendant;
• Marriage, birth of children (copy of certificates);
• A certificate confirming the child ' s place of residence;
• Information on the defendant ' s income (if available);
• Other evidence that may be required by the court.

In the form of a package of documents, we recommend that we follow the following rule: Anything mentioned in the claim must be confirmed. In particular, dates, obligations, agreements, issuance of documents. Reference was made to the marriage certificate. Attach it to the rest of the papers.

We need a lawyer.

If you need more advice on family law, ask our specialists on the website free of charge!

Qualified legal assistance would help to make the right decision and avoid refusals or problems in the handling of the claim.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

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Claim for child support (model) 2023, how to file a claim for child support in court (model)

The Main "Appliances "Claim for child support

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According to article 122 of the Code of Criminal Procedure, child support is not required to file a complaint; it will be sufficient for the ordinary judicial authorities to issue a court order; it may be referred to the executive service, which will begin the procedure.

However, this only applies to situations where only maintenance is required, and if divorce is necessary, the child or anything other than maintenance, then the claim will have to be filed.

Since there can be many such situations, let us provide the option of filing a claim for alimony, to which other claims can be added, in accordance with the current situation.

How to Write a Statement of Maintenance

A claim of this type may be made in accordance with article 131 of the Code of Criminal Procedure of the Russian Federation, which describes the main elements that are required to be contained in any statement of claim, regardless of its purpose.

Important features:

• The application is made only by hand or only on a computer, but not both at the same time.
• The preface must state the name of the court and the data of the plaintiff and the defendant.
• The text must describe the situation and specify the requirements.
• A list of documents to which the plaintiff refers in the claim must be attached. It is very important to state only those facts that can be documented. It is worth avoiding unfounded and unconfirmed allegations.
• The correct application must end with the plaintiff's date and signature.

Amount of maintenance

Among other things, the application recommends that the amount of maintenance to be recovered from the plaintiff should be indicated; according to the general rules, if the defendant works and receives a stable official income, the child ' s alimony will be:

• For one child: 25 per cent of the salary.
• For 2 minor children: 33 per cent of the salary.
• On three children: 50% of the salary, et cetera.

• If the defendant does not work or does not have a fixed wage, alimony may be a fixed amount, calculated on the basis of the average wage for the region or on the basis of the subsistence minimum (from 1 May 2018 it is equal to the minimum wage).
• In order to facilitate the task, we propose a form for such an application, which can be used to guide the drafting of the document ' s own form.
• 

To download a sample of the claim for child support

Rules for filing a claim

A certain set of rules must be taken into account when filing a claim; otherwise, the court will not accept the application or will have to revise it.

Who has the right to file

The following persons may file such claims:

• The baby's direct parents.
• Official guardians.
• Public authorities.
• Management of children ' s institutions.

It should be borne in mind that if one of the child ' s parents provides alimony, the child must live with him/her. This point needs to be documented. It is also important that parents do not necessarily have to live apart from each other. They may well live in the same living room.

The question of maintenance is dealt exclusively with by the justice of the peace, regardless of the price of the question and of any particular features, so it is up to the court of the peace to determine the place of residence of the plaintiff or defendant (there are no restrictions, you can choose as conveniently as possible).

Time frame

Parents or other interested persons entitled to do so may apply for alimony at any time before the child reaches the age of majority; in this case, the rule of limitation is not applied, but there is one limitation: payments for the period prior to the date of application are not paid.

There is an exception: if a child who has reached the age of majority is unable to work, the payments continue until the situation changes.

However, if there are other claims in the claim for maintenance (e.g. the division of property), the duty will have to be paid, but only as part of the additional claim.

Any statement of claim must be accompanied by a list of documents that can confirm the plaintiff ' s right; in the case of maintenance, the following set of documents must be prepared:

• A child's birth certificate is required to specify the parent from whom maintenance is to be recovered. If mothers are almost never in trouble, fathers are not always mentioned; this approach automatically excludes the possibility of requiring maintenance from the biological father; the only option is to establish paternity in court and to include the relevant information in the birth certificate.
• The plaintiff's passport, whoever he is.
• Documents confirming the plaintiff ' s authority: Relevant for guardians, public authorities or representatives of children ' s homes; not required for biological parents.
• A certificate from the HEC that the child lives with the plaintiff.
• The marriage certificate (conclusion and dissolution) is a non-binding document.
• Optimal: A statement from the defendant ' s work on the level of wages.

Each situation is individual and therefore claims of this type may differ greatly, and at free consultation our lawyers will help to deal with the main issues at stake and explain the problems that arise, and they are prepared to assist in the collection and processing of documents, as well as to act as your representatives in court.

If you want to solve your problem, then...:

• Please describe your situation to the lawyer on the online chat room;
• Write the question in the form below;
• Call +7.499)369-98-20 - Moscow and Moscow Region
• Call +7.812)926-06-15 - St. Petersburg and Region

Application for maintenance in 2023: child, sample

In order to recover the money for the maintenance of the children from a parent who is separated from them, it will be necessary to apply to the Magistrate ' s Court and the matter is dealt with by order or by filing a claim for maintenance.

Processing of a claim for maintenance

The reason for filing a claim with a court for alimony payments is the lack of financial support for a minor child by one of the parents; however, the fact of being married and living together or separated is irrelevant.

The claim is dealt with by the court in general terms, with an examination of the evidentiary basis and the views of the parties, and the writing of the document must comply with the requirements of article 131 of the Code of Criminal Procedure of the Russian Federation. This legislation establishes the principles and rules for the processing of the claim.

1. The "head" of the document is placed on the right upper part of the sheet and must include the name of the court, the FIO and the addresses of the parties, the mobile number of the receiver for communication, and the amount of the claim must be completed.
2. The middle part of the sheet contains the title of the document: "A claim for child support".
3. "The subject" begins with information on the marital status of the parties and on the existence of joint children, indicating their FIO, date of birth, followed by the facts that led to the application for judicial protection, such as the residence of the child with the plaintiff and the lack of financial assistance from the defendant.
4. The claimant must then present the evidence.
5. The following legislation is required to justify the plaintiff ' s claim.
6. The following step indicates the court requirement: the amount of maintenance payments, the frequency of their receipt, the method of receipt (in cash or in an account), and the method of recovery of payments (in a firm monetary amount or as a percentage of wages).
7. The documentation attached to the claim should then be listed.
8. The document is being finalized on the date of its writing and the applicant ' s signature.

• Justice of the peace of the precinct
• No.........................................
• The claimant:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• (full IRS, address)
• Defendant: ___________________
• (full IRS, address)
• EXPLANATORY STATEMENT
• on the recovery of child support (children)
• I and I (the defendant ' s FIO) are the parents of the minor child(s)

The child(s) live with me, I provide them with full financial support, the defendant does not provide financial support for the maintenance of the children, the defendant does not have any other children, and is not retained by executive documents.

In accordance with articles 80 and 81 of the Family Code of the Russian Federation, articles 131 and 132 of the Code of Civil Procedure of the Russian Federation;

PLEASE:

Reimburse from the full F.I.O. of the defendant the year of birth, the native child in my favour of maintenance for the maintenance of ___ (full FIO and date of birth of each child) in the amount of ___ of a portion of all earnings per month, from the date of application (specify) to the age of majority of children.

List of documents annexed to the statement(copies by number of persons involved in the case):

1. A copy of the statement of claim.

2. Copy of the marriage certificate (certificate of marriage)

If the marriage is dissolved, the marriage is dissolved.

3. A copy of the birth certificate of the child(s).

4. Housing authorities ' certificate on the child ' s residence with the plaintiff

Date of application: " ___ "

downloadsample...........................................................................Statement of claimon the recovery of child/child support

The amount of the claim

The amount of the claim will depend on the manner in which the necessary amount is retained (as a percentage or as a fixed amount): in most cases, child maintenance payments are recovered as a percentage of wages:

• 1 child - 25 per cent of earnings;
• 2 children - 33 per cent;
• 3 or more - 50% of income.

The court may award other amounts of maintenance on the basis of the material status of the parties and the other dependants of the party responsible, and the maintenance payments may not only be increased by the court but also decreased.

A fixed amount of maintenance is payable if the joint method of recovery violates a minor ' s right to a normal standard of living; in addition, maintenance will be retained in a fixed amount if:

• Such recovery is subject to the terms of the maintenance agreement;
• The debtor does not have a permanent job;
• The remuneration of the defendant shall be paid in the currency of the foreign State;
• The payer works as an individual entrepreneur and his income is variable.

Such a method of recovery of maintenance may be indexed to the subsistence minimum.

List of documentation

To be accepted, the claim will need to be supported by the following documents:

1. Copies of the parties ' civil passports;
2. Marriage certificate or divorce certificate;
3. Child birth certificates;
4. A copy of the home book confirming the fact of living with children;
5. It's proof of earnings.

This list is mandatory but may be supplemented by other relevant documents; the claim is supported by copies of official documents and their originals will be required in court proceedings.

Recovery of maintenance for adults

The plaintiff in this case may be the adult child himself or his guardian.

One of the parents or another person may be a guardian if the 18-year-old child is found by a court decision to be incompetent or of limited capacity.

In order to do so, the child must have 1 or 2 disability groups, and the parent must also have custody, since the child ' s legal status is no longer valid after the child ' s majority.

The method of drawing up the claim does not differ from the claim for maintenance for minor children, and it will only be necessary to add some paragraphs:

1. The "telecom" of the claim will need to indicate the reasons why the adult needs financial support (the disability), the time of its occurrence and the characterization (the disability group).
2. The defendant ' s refusal to provide financial support to the child should be indicated below; this will be the basis for the application to the court.

In most cases, child support is recovered in a fixed amount, a multiple of the subsistence minimum, and it should be written in the suit together with the indexation requirement.

Maintenance of the spouse

One of the spouses may file a claim for maintenance from the other spouse if:

• The plaintiff is a woman who carries a child together;
• One of the spouses lost his or her working capacity and has low incomes (e.g. due to retirement);
• One of the parents cannot get a job because of the care of a disabled child together.

The claim for maintenance of the spouse refers to the financial position of the parties, the claimant ' s need and the amount of the payments, and the maintenance of the spouse is retained in a fixed amount, which is multiplied by the subsistence minimum.

Mother and child benefits

A woman raising a child under the age of 3 may claim maintenance for herself and the child from his father.

A claim for maintenance for a child and a spouse shall be processed in accordance with the general requirements of such documents.

The mother ' s financial support is determined in a fixed monetary amount comparable to the subsistence minimum of the resident.

In the majority of cases, the minor child is placed on the father ' s share of the earnings, each of which must be identified in the claim.

Let's sum up.

The methods of writing claims for maintenance payments do not differ from one situation to another; the differences lie only in certain points relating to the particular situation; following the above recommendations, the claimants will be able to file the claim on their own without the assistance of lawyers.

If you want to know,How to solve your problem -- you can use the online consultant's form downstairs or you can call on the phone.:

Maintenance application for model 2023 (example, form, template) is a claim, action, filing, filing for payment.

If there is a need to recover alimony from the former spouse for the maintenance of the children, the claimant should be aware of the procedure for the entire procedure, which is carried out in a step-by-step manner, in accordance with the law; the application for alimony is the fundamental document on the basis of which the court orders the payment of payments.

Concept and purpose

The claim for child maintenance is a document in which the claimant states the need for payment by the spouse, describes the financial situation of the family, and describes his claims against the defendant.

The court shall, in accordance with the Family Code, examine the claim and the supporting documents attached thereto and order payments in favour of the plaintiff, indicating the frequency and manner of the transfer of the money.

An application and a package of accompanying documents shall be submitted to the office of the court where it is registered and shall be considered; within five days, the court shall either order a court hearing on the question of maintenance or refuse the plaintiff; the reason for the refusal may be the incorrect writing of the claim or the insufficient number of documents attached to the claim.

Varieties

The application for maintenance of sample 2023 shall be filed by the claimant in order:

1. Order proceedings if the value of the claim does not exceed 50,000 roubles.
2. The court case, if the parties cannot reach an agreement and the claim is valued at more than 50,000 roubles.

The application shall be made directly to the office of the court, where the applicant will be issued a form. It is recommended that the procedure for writing the application be first reviewed to ensure that the details are not missed. This can be done on the website where the sample of the claim is freely available.

Who can serve?

Legitimate children's representatives — parents, guardians, guardians — have the right to sue one parent for child support.

If the child lives in a children's state institution, officials - representatives of these institutions - have the right to do so.

When children live with one of the parents who are divorced, the condition of the validity of the claim is that the children must live with the plaintiff, i.e., in this case, the legal rule that both parents must maintain the children in equal shares is respected; the basis for the plaintiff's statement is that one parent fulfils his or her obligation to provide for the children.

Where do I put it?

A claim for maintenance is heard by the Magistrate ' s Court, and the plaintiff chooses the court in the defendant ' s place of residence or in the area where he or she lives.

This is the case in cases where the spouses have divorced and do not live together; if the wife makes a claim for maintenance by her husband while she is married, the application shall be submitted to the court in the place where they live together.

The lawyers are of the opinion that it is more convenient for the plaintiff if the case is handled by a court in the defendant ' s area of residence, because a positive payment order is ready to be made by the court to the bailiffs ' service more quickly.

Structure and model of 2023 maintenance application

The law does not specify a strict procedure for filing a claim for maintenance before a court; however, there are rules for the preparation of a document, which are to be written in a business style and to comply with a certain list of points binding on such documents.

If the application did not meet the requirements, the court could refuse to hear the case.

Information to be included in the claim:

1. Hat: Full name of the court to which the claim is brought, information about the plaintiff and the defendant: F.I.O., place of work, addresses, telephones.
2. Information on children: F.I.O., date and place of birth, address of residence.
3. Name of claim: "A claim for child support".
4. A description of the circumstances that made it necessary to write a claim for alimony is set out in example 2023.
5. Evidence of the circumstances described.
6. Reference to the legislation used by the claimant in writing the application.
7. The plaintiff ' s claims are essentially: the amount of maintenance payments, the frequency, the mode of payment, and the form of payment, whether in a fixed amount or as a percentage of the amount of income, need to be clarified.
8. A list of documents that support the facts as set out in the claim.
9. The claimant ' s signature and date of writing of the claim.

To download a sample of the claim for maintenance

The application may contain additional information relevant to the case under consideration and of an individual nature.

Married

If the application is filed by the plaintiff for the maintenance of the children but the spouses are not divorced, the application must state this fact by stating the reason for the decision.

The reason is generally constant: the husband ' s inability or unwillingness to provide for the family.

Pick up a sample application for maintenance in marriage.

No divorce

The filing of legal action without divorce is a common phenomenon, due to the fact that the father of the family does not raise and support children as an option, does not have a stable income, abuse drinks and so forth.

Without divorcing her husband, a woman has the right to claim alimony from him through a court of law.

Alternatively, they conclude a settlement agreement with each other for child benefits and assure the notary of it.

To download a sample of the application for maintenance in the marriage

Order-making

Ordered maintenance proceedings are the most expeditious way to resolve the issue of payments.

But it is not suitable for parents if there is a property dispute between them or the defendant has an objection to the merits of the case.

Pick up a sample of the application for court order on alimony.

Parents

Parents ' claim for their children ' s maintenance is based on the same parameters, and it is only when the substance of the case is presented that the situation and the reasons why older persons are required to seek child support payments in court must be described.

As a rule, this need is due to their difficult material situation.

Pick up a sample of the claim for maintenance on the parent.

After the age of majority

The law provides that alimony may be recovered from the payer after the child has reached the age of majority.

The application will be reviewed by the court and a favourable decision will be issued if the beneficiary of maintenance continues to study in an educational institution after the end of the school, and the training must be on a budgetary basis and on a face-to-face basis at the university or at a secondary specialized educational institution.

Pick up the student support application form.

In a firm amount of money

The fixed amount of maintenance shall be determined by the court in several cases:

1. In drawing up a settlement agreement between the parents.
2. The payer has no stable income.
3. The payer earns income in the form of a natural product or in foreign currency.

A firm payment is made by the court on the basis of periodic indexation.

Pick up a sample of the maintenance application in a hard cash amount.

Divorce and Retribution

If the spouses have decided to divorce and have children together, it is possible to combine two applications in parallel.

These problems are related, as the issue of the maintenance of children by a parent who leaves the family inevitably arises in the event of divorce, in which case the plaintiff submits two applications with accompanying documents to the court.

To download a sample of the divorce claim and the recovery of maintenance

For the maintenance of the wife in the decree

In a situation where the spouses are divorced when the wife is pregnant, she may apply for maintenance.

The spouses enter into a maintenance agreement in this regard, but if the husband disagrees with the husband ' s demands, she may file a claim with the court, and the maintenance of the pregnant wife is awarded in a firm amount.

To download a sample of the claim for maintenance against the spouse

Compilation advice

Some recommendations for those who intend to bring a claim for maintenance before the court are as follows:

• There should be no unnecessary information, only a statement of the substance of the case;
• There is no need to hide facts that indicate the defendant ' s unwillingness to support his children;
• If the defendant provides material support to the family, the frequency and amount must be indicated;
• If the defendant already pays child support for another family, mention should be made of this;
• Every fact stated in the claim must be confirmed by a certificate.

Documentation collection

Documents attached to the claim:

• Copies of parents ' passports;
• Marriage, divorce and birth certificates;
• Family composition certificate;
• Income statements.

This list is mandatory for all.

Under special circumstances, additional documents will be required; all documents will be made available as copies; originas will be required by the parties directly at the court hearing.

Consideration and outcome

The justice of the peace shall hear the claim for maintenance within 30 days from the date of the registration of the application, and both parties shall be heard and witnesses shall be invited if necessary.

In each case of the plaintiff's claims, the judge investigates the circumstances of the problems; his task is to ensure that the claims in the claim are based on the facts, and in the interests of the children, maintenance is required in the amount required by the plaintiff.

The court shall order the recovery of maintenance, on the basis of which the executive record shall be issued; the judgement shall be transmitted to the bailiffs, and the executive notice shall be delivered at the place of work of the defendant, in order to retain the funds from his salary.

Legislative framework

In the UK, a whole chapter (V) is devoted to the administration of maintenance. It is considered that the issues of alimony payments are most fully addressed in Russian legislation. In addition to the Family Code, they are regulated, supplemented and detailed by the NC, the PC, and the FZ No. 129 "On execution proceedings", the PCA.

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

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