Sample application for spousal support

There are often situations when officially married spouses, for various reasons, stop living together, or one of them refuses to provide funds for child support. The other parent has the right to apply for child support without going through a divorce procedure.

Collection will take place in court. The plaintiff will receive a court decision, which must be presented to the Federal Bailiff Service (FSSP) to open enforcement proceedings. In the future, the bailiff assigned to handle the case will monitor the fulfillment of the husband or wife’s alimony obligations.

Features of collecting funds for child support without divorce

• Joint children.
• A spouse who has financial problems and is caring for a disabled dependent.
• A wife who is expecting a child or is on maternity leave to care for a child under 3 years old.
• A spouse or child who has lost some or all of their ability to work.

The procedure for establishing alimony in an officially registered marriage is no different from that after a divorce. Payments occur on the basis of an executive document (agreement, court decision). Bailiffs control the process. In case of failure to fulfill obligations, authorized persons have the right to apply penalties to the violator. We are talking about the seizure of property and funds. The penalty will be collected separately.

According to the norms of the Labor Code, up to 70% of the income of the alimony worker can be withheld.

Grounds for collecting alimony from a spouse

Living together between mom and dad does not guarantee their fulfillment of parental obligations. Spouses may simply not care for the child or lead an immoral lifestyle. According to the norms of the Family Code, it is possible to collect alimony from a husband or wife without dissolving the marriage bond in cases of obvious evasion of the duty to care for their children:

• The spouse spends all wages for personal purposes (alcohol, drugs).
• The husband or wife works on a rotational basis and does not live with the family most of the time.
• The parents are married and live together, but one of them avoids the obligation to provide funds for the maintenance of their joint children.
• The mother demands that the child’s father get a job, but he does not take any action and does not want to bring income to the family budget.

In judicial practice, there are many more examples of a civil or official spouse evading obligations to support their child. Their essence boils down to a reluctance to fulfill parental duty.

Methods for solving the problem

Parents have the right to decide on the form of punishment (forced, voluntary). Depending on the choice made, the problem will be solved according to one of two scenarios:

Voluntary	Spouses turn to a notary to write a voluntary agreement on the payment of alimony.
Forced	The husband or wife files a claim in order to force the collection of funds from the second parent for the maintenance of the joint child and to determine the required amount of payments.

Forced collection is mandatory if the parent does not want to contribute funds to the family budget for the maintenance of joint children, or there are other disputes.

You will not have to pay for government services when filing a complaint with the court, since the case of collecting alimony is considered in the interests of the child.

Other claims are not free (to establish paternity, divorce, divide property). The plaintiff must pay.

Enforcement options

There are 2 types of claims for alimony in marriage:

To receive a court order	A court order will be drawn up if there is information about the location of the defendant and his work. The parties will not be required to be present during the hearing. Parents will be notified of the decision. Only share payments can be recovered.
For the collection of alimony in the general manner	The hearing will take place as usual. If the court considers it necessary to satisfy the claims, a writ of execution will be drawn up. Both parties to the conflict must participate in the hearing. Shared and fixed payments are collected.

According to Art. 23 Civil Procedure Code, documents are submitted to the magistrate's court at the address of the defendant. If the parents are married but live separately, then it is legal to present documents to the court office at the place of residence of the dependent.

Recommendations from experts

To obtain a writ of execution, you must follow certain recommendations:

• Fill out the application correctly and submit it to the Magistrates' Court at the address of one of the parents.
• Attach documents confirming the feasibility of the application to the application.
• Provide evidence of the defendant's evasion of parental duty.

A claim for spousal support must contain the following information:

"A cap"	• Information about the court (name). • Information about the child’s mother and father (full name, residential address, telephone numbers).
Document text	• Date of marriage. • Year of birth and full name of the dependent. • Reasons for going to court. • Links to regulations confirming the legality of the filed claim.
Request to the court	The plaintiff has the right to petition for the collection of alimony in a certain form and amount in order to obtain a writ of execution or issue a court order on the basis of which payments will be made.
List of documentation	List of documents submitted to the court along with the application: • Photocopy of identity card; • Document confirming the registration of the applicant and dependent; • Marriage certificate; • Child's birth certificate; • Certificate of place of work and monthly income of the second parent, provided by his employer.

You must present originals and copies of documents. At the end, the parent’s signature and the date of submission must be placed.

A document template for issuing a court order looks like this: Having completed samples and blank forms in front of your eyes indicating the information that needs to be entered will make writing easier. Other options can be found on the websites of authorized bodies. You can find out how to apply for spousal support and also get a sample application from a lawyer. Specialist services are paid.

Algorithm for obtaining a court order

Step-by-step instructions for obtaining a court order are as follows:

To write an application.

• Collect documentation required by the court.
• Submit the prepared papers and statement of claim to the court office.
• Wait for the judge's verdict.
• Receive a decision on the collection of alimony.
• Contact the FSSP with a court order in order to open enforcement proceedings.

After the case is accepted, the judge will issue a verdict within 5 days. Parents are not involved in the consideration of the issue. The parties will be notified of the decision. If the defendant has objections, then he has the right to act according to the following algorithm of actions:

• File an appeal no later than 10 days from the date of familiarization with the court decision.
• Participate in a full trial.

If an appeal is filed, the court order is canceled. The case will be considered in the usual manner with the participation of both parties.

Algorithm for obtaining a writ of execution

The algorithm of actions during the trial of a case in the usual manner should be as follows:

• Carefully prepare the claim and the documentation attached to it.
• Submit papers to the Magistrates' Court.
• Find out the date of the first hearing. There may be several meetings in total depending on the severity of the issue being resolved.
• Get a court decision.
• Go to the bailiff service with the writ of execution.

The main difficulty in obtaining a writ of execution is collecting evidence and arguing the claim. Lawyers advise preparing thoroughly for the hearing to avoid the defendant deliberately delaying the trial.

List of evidence substantiating claims

Receipts confirming that the applicant is providing for the child:

• Pays for services (utilities, educational, medical).
• Provides basic needs (feeds, clothes).
• A document confirming the defendant's income.
• A certificate from a narcologist about the presence of addiction (alcohol, drugs) of the second spouse.
• Papers confirming the rotational method of employment and the amount of income.

The testimony of witnesses relevant to the case is examined separately:

• teachers;
• neighbours;
• other family members;
• doctors.

The opinion of a dependent is taken into account if he is over 10 years old. Testimony is provided in written or oral form. The presentation of other evidence (audio and video materials, correspondence) is legal if it is directly related to the case.

Alimony is paid for the maintenance of a dependent, therefore, can be collected regardless of the presence or absence of marital ties. It is better for parents to resolve the issue themselves to avoid litigation and loss of time.

If the option of voluntary payments is no longer available, you will have to file an application with the court. Depending on the situation, a court order or a writ of execution will be issued, which must be handed over to the FSSP employees.

How to file an application for alimony (claim) in 2018 (sample and form)

In the event of a divorce or separation of spouses, one of them is obligated to pay alimony for child support. This can happen in two ways. The first implies the conclusion of an agreement between the parties on a voluntary basis.

Its provisions contain information on the timing of the transfer of funds and the amount of the one-time payment. The second method involves going to court. Not every citizen knows about the features of this procedure.

It is worth considering in detail a sample application for alimony in 2018, the features of its preparation, submission and other aspects related to this issue.

All concepts and points regarding the payment of alimony are prescribed in Article 60 of the Family Code. According to this document, alimony is money transferred for the maintenance of children or other close relatives who, due to their inability to work due to age, health, etc., cannot independently support themselves from a financial point of view.

Who can file a claim for child support?

The following can go to court and file for alimony:

• minor children;
• daughters and sons under the age of twenty-three undergoing full-time education;
• spouses;
• parents of the child support provider;
• other persons.

The obligation to transfer child support payments to minors rests with the parent of the child who does not live with him. He does not have to be in an officially registered marriage with his mother.

On exactly the same basis, they are imposed on adult children who are students and who, due to their training, are unable to provide for themselves independently.

A citizen’s spouse, both current and former, may qualify for the described payments in the following situations:

• for the period of maternity leave;
• when caring for a disabled child;
• upon receipt of any disability group at the time of the validity of the marriage or a year after its dissolution.

In accordance with Article 87 of the RF IC, the parents of the payer can also apply for alimony. This is possible in situations where they need financial support, and their son or daughter does not want to provide it on a voluntary basis.

The list of other persons who have the right to apply for alimony is presented below:

• brothers and sisters who have not reached the age of majority, upon the death of their parents;
• grandchildren - provided there are no parents or adult brothers and sisters;
• Grandmothers and grandfathers;
• adoptive parents, stepfathers and stepmothers, if they raised the child for at least five years until he came of age.

Where is the list of persons entitled to receive alimony payments? All points on this issue are spelled out in the articles of the fifteenth chapter of the RF IC.

How to correctly write a statement of claim for alimony

How to write a statement of claim for the collection of child support? The document is drawn up according to the standard form for initiating a claim and is written to the judge. It is filled out in free form and contains the following information:

• full name of the judicial authority;
• document's name;
• Full name of the plaintiff.
• basic personal data of a citizen who is a defaulter (full name, date of birth, registration and residence address, place of work, etc.);
• basic information about children;
• list of attached documents;
• information about any documentation proving the fact of failure to fulfill obligations to transfer funds;
• requirements for payment of arrears of alimony.

An example of a sample claim form for alimony is presented below:

The required sample statement of claim can be obtained directly from the court office or you can independently find it on specialized Internet resources.

Documentation

What documents are needed to file a claim? The following documentation must be attached along with the application:

• copies of passports of the plaintiff and defendant;
• the original birth certificate of the child (in the case of filing alimony for a person who has reached the age of fourteen - his passport);
• a certificate of the amount of income received by the plaintiff, drawn up according to the unified form of form 2-NDFL;
• an extract from the house register about the registration address;
• certificate of family composition;
• a copy of the marriage and divorce certificate (if available);
• a certificate containing a stamp from a medical and social examination confirming the assignment of a disability group (if any);
• any other documentation confirming the presence of family ties or unfavorable financial status.

Where to file a claim for alimony

How to apply for alimony after divorce? As already mentioned, in order to initiate the debt collection procedure, you need to draw up an appropriate statement of claim and go to the magistrate’s court at the payer’s place of residence. The document must be provided to the secretary of the judge or judicial panel of the Russian Federation.

It can be served in several ways. The plaintiff may apply:

• by visiting a judicial institution in person;
• in the MFC;
• submit an application online through the state Internet portal of State Services.

It is worth adding that immediately before sending the application, the plaintiff will need to pay the state tax fee (state duty). Its size is 150 rubles.

Documents for paying child support to the mother

What documents are needed when filing a claim for child support for the mother of a child? Their list differs from the standard one. It includes:

• copies of passports of the plaintiff and defendant;
• certificate of registration and divorce (if available);
• the original birth certificate of the child or a certificate from the antenatal clinic confirming that the woman is on maternity leave;
• directly the application for collection of alimony payments;
• other documentation confirming the existence of grounds for receiving the described payments.

Child support for an adult child

Along with minors, children aged 18 to 23 years who are studying at any educational institution also have the right to receive alimony payments. In this case, the basis for filing a claim is the fact that the child cannot engage in labor activity due to education, therefore, he is not able to provide for himself.

If the persons are married

Obligations for the monthly transfer of funds for maintenance can occur in relation to the father or mother of the child during an existing marriage. This is possible in the case when one of the parents does not live with the child and does not take part in its maintenance, from a financial point of view.

Civil marriage

Persons in a civil marriage, that is, their family relationships were not officially registered through the civil registry office (registry office), also have the obligation to support their common children. Accordingly, when one of the parents does not participate in this, the second can initiate the procedure for collecting alimony by going to court.

Court order - changes when filing a claim

Important information for spouses filing applications in court. From July 1, 2016, all claims that do not require establishing paternity (maternity) or challenging it, as well as involving other interested parties, must be filed as an application for the issuance of a court order.

All applications submitted differently from those indicated in the example will be returned to the plaintiff.

Jurisdiction for collecting alimony

Evasion of imposed duties and non-payment of alimony payments is punishable in accordance with the current legislation of our state. Enforcement proceedings to collect the debt begin against the defaulter. The court may initiate the following procedures to collect the debt:

1. Interest accrual on unpaid alimony in the amount of half a percent of the payment amount for each day of delay.
2. Seizure and sale of property to pay off alimony obligations (apartments, houses, vehicles, etc.).
3. Seizure of bank accounts.
4. Recovery of a certain portion of the defendant’s wages.
5. Deprivation of parental rights.
6. Deprivation of the right to drive a vehicle for a period until the debt is fully repaid.

In addition, there is such a thing as deliberate evasion of alimony payments. This includes situations when the payer does not fulfill his obligations without good reason, because he simply does not want to. In this case, the collection procedure used, the sanctions and penalties applied are significantly tightened.

Percentage or fixed amount when collecting alimony

When collecting alimony by going to court, its amount is established in accordance with the income of the defendant. It is determined by the number of children:

• for one child – 25%;
• for two children – 33%;
• for three or more – 50%.

In this case, the amount of penalties and late fees is additionally added to the calculated debt. A fixed amount of alimony payments can be established only if the obligation to transfer them was imposed by concluding a peace agreement between the parties to the conflict or in other exceptional cases.

Thus, refusal to fulfill obligations to pay alimony is punishable. Every parent needs to understand that divorce or moving away from family does not relieve him of the need to support his children. The obligation to transfer funds can be formalized on the basis of a court decision or the conclusion of a mutual agreement.

The agreement is drawn up by a notary in the presence of both parties. An appeal to the court is initiated by the filing of an application by the plaintiff

Sample application for spousal support

There is an opinion among Russians that alimony can only be received after a divorce. Art. 80 of the RF IC does not have any instructions regarding this fact.

On the contrary, the document speaks of the need for all parents, without exception, to provide material support for their children.

If the husband has stopped helping with money or has completely withdrawn from raising the child, then you may need a sample application for alimony in marriage, with the help of which you can draw up the document as correctly as possible.

Is it possible to receive alimony while married?

The presence of a stamp in the passport is not an obstacle to obtaining child support. However, in court (when filing a claim), you will have to prove that the spouse does not financially provide for their common children. For example, this situation may arise if the second spouse :

• has an alcohol or other addiction for which the earnings are spent;
• often goes on long business trips or works on a rotational basis;
• does not have any contact with the child and does not allocate funds for his upbringing;
• does not have a job and is not looking for a suitable place to earn money.

While married, spouses can apply for alimony in favor of their joint children. Additionally, in some cases, you can arrange a payment for yourself. The list of such circumstances is given in paragraph 2 of Art. 89 RF IC.

This talks about the possibility of resolving the issue in court, provided that the second spouse has a sufficient amount of money. In this case, alimony is assigned in cases where:

• the second spouse does not have enough funds, and he cannot provide for himself due to his own disability;
• he takes care of a joint disabled child (in general - until the child reaches 18 years of age, in case of disability from childhood of group I - without time limits);
• the spouse is pregnant or raising a child under 3 years of age (that is, she cannot work independently due to the need to look after the child).

In other cases, you cannot count on alimony for your spouse; then you will only be able to claim payments in favor of the child.

Where and how to contact?

1. Submit an application for a court order . This option allows you to receive a court decision on the amount of payments as quickly as possible. But this method also has its drawbacks. The spouse will not be able to receive alimony for himself, nor will he be able to request payments in a form other than that specified in Art. 81 of the RF IC (as a percentage of earnings).
2. Go to court with a claim for alimony . This path is more complicated, but it allows you to receive payments not only in favor of the child, but also for yourself (if, of course, special conditions are met). During the consideration of the case, alimony itself can be assigned not only as a percentage, but also in solid form and in other formats provided for by law. However, the period for consideration of the case in this case is longer (it can drag on for a month, and sometimes more), and the plaintiff will have to collect evidence for the court that the spouse does not support the child or wife/husband financially.

Most applicants choose the second option also because the court order can be appealed without any explanation by the spouse - his disagreement is sufficient.

Features of drawing up an application: form and content

The form of a claim for spousal support is no different from that used to recover payments from former spouses. The document is drawn up in writing and contains information about the parties (the court where the application is submitted, the plaintiff and the defendant). The following is a detailed description of the circumstances of the case. It would not be amiss to indicate:

• the amount of your own salary (in case of lack of work, indicate the reasons, for example, disability or caring for common young children);
• monthly expenses (utilities, food, clothing, etc.);
• participation of the second spouse in the life of the child/spouse (has he always refused to help financially, why does he not give money - for example, due to lack of work, alcoholism).

The document should also indicate the amount of alimony desired and its form (solid, as a percentage). Evidence of need must be attached to the claim itself.

This should include a certificate of income, receipts for payment of utilities, kindergarten or school, sales receipts for the purchase of clothing, stationery, and groceries.

If your spouse has problems with alcohol, you should take care of obtaining a certificate from a drug dispensary.

Witness testimony can be a weighty argument. They most often are neighbors, school teachers, educators, and relatives.

The document must be signed and signed. It is better to prepare 3 copies: one will be accepted by the court office, the second will be handed over to the defendant, the third will remain in hand with a mark of acceptance.

If the application is registered, it is necessary to prepare for the trial: think through your speech, analyze the arguments, find new evidence if necessary or if circumstances change.

Then it will be possible to increase the likelihood of a positive decision, and ultimately the child or the parent himself will be able to lead a normal life, receiving additional financial support.

Sample application for alimony in marriage: what and how to write in the document

The sample application for alimony in marriage given in this article will be useful to those individuals who, while married, do not receive financial support from their spouse to provide for a common minor child. Parents will learn how to correctly draw up a document of this type, as well as what information must be present in it.

Application for alimony during marriage

Those parents who unilaterally provide for their child under eighteen years of age often doubt whether family law provides for such a concept as the collection of alimony without divorce. This opportunity really exists, since when getting married, individuals take on a number of responsibilities, including financial support for the husband/wife, as well as common children.

It should be noted that the duty of a parent to regularly allocate funds for the needs of his minor children, regardless of whether he is married, is stated in Article 80 of the Family Code of the Russian Federation.

Statement of claim

If a husband and wife, subject to the failure of one of them to fulfill parental obligations for a long time, cannot peacefully agree on the procedure for providing alimony benefits, then they will not be able to conclude an agreement, which means that the only way out to resolve this conflict is to file a claim in court.

A claim-type application involves court proceedings (a hearing takes place at which each party tries to defend its interests), and in this regard, a decision on this document is made no earlier than a month after its filing.

The application must consistently set out all the necessary information regarding the spouses and their common children who need alimony payments. When drawing up a document, we recommend that you adhere to the following structure:

• Step #1. It is necessary to start filling out the statement of claim with the “header”, which should be located in the upper right corner. This part indicates the city in which the desired judicial body is located, as well as its number. In addition, full name is written. individuals acting as plaintiff and defendant, along with addresses and telephone numbers.
• Step #2. Next, you need to set out a number of facts, which include information about marriage, a common child, as well as how things stand today regarding the provision of financial assistance from the defendant.
• Step #3. Then the plaintiff needs to clearly formulate the request that he is trying to achieve with the help of this statement of claim. You also need to remember to indicate the amount of money that a parent who provides for their minor children alone wants to receive monthly, necessary to meet their life needs.
• Step #4. After this, you need to enter the full names of the documents that will be attached to the statement of claim for alimony. The implementation of this procedure is necessary to document the words of the plaintiff.

Attention! It is very important not to forget to write down in the document the numbers of those legislative acts that the applicant was guided by when preparing it, as well as put the date, signature and indicate next to it in brackets the transcript (last name and initials of the plaintiff).

How to correctly perform step No. 2

Often, difficulties for parents who file a claim for the recovery of child support from their husband/wife when filling out an application arise precisely at the stage of indicating general information. In this regard, we recommend that you pay attention to the list of data that must be present in the part of the document located immediately after the title (“STATEMENT OF CLAIM”):

1. Information from the marriage certificate. First of all, the plaintiff will need to write both his full name and the individual with whom he married. After this, the date of this event and the date of birth of the child who was born after the official entry into the family life of his parents are displayed, and his last name, first name and patronymic are also indicated.
2. Complaint against the defendant. The applicant will also need to inform the judge about what day, month and year the defendant refused to support his minor child. In addition, the document should note that at the moment the plaintiff is providing for the child, and the second parent did not respond to his systematic requests regarding the payment of alimony and refused to enter into an agreement.
3. Information about the financial situation of the payer. Then, in order for the judge to assign the most objective amount of alimony compensation, it is necessary to indicate with whom and where the defendant lives, as well as to whom this living space is registered. If he has any individuals under his care, then this fact must also be noted in the application. In addition, the plaintiff must remember to indicate whether the payer is officially employed or not.

What documents need to be attached

Simply writing a statement containing a request to collect alimony payments during marriage is not enough. Certain documents must also be attached to the completed sample document, upon examination of which the judge will be able to verify the accuracy of the information contained in the claim. First of all, you need to attach a marriage certificate (not necessarily the original).

After the data regarding the marriage deed has been confirmed, the judge will require a second type of document, which is a copy of the birth certificate of the child in need of alimony support. After this, a certificate received by the plaintiff from the housing authority is considered, containing information that the minor child lives with him at the same address.

Next, you will need documents indicating the financial situation of both spouses.

Such documents are certificates drawn up by the employer according to the 2-NDFL model. If the plaintiff cannot obtain a certificate of this kind from the potential payer’s place of work, then this procedure will be carried out by the court.

And the last nuance, which is mandatory, is the presence of several copies of the claim-type statement. One application must be sent to the court, the second must be handed over for review to the parent who refused to support his child, and the third must be left to the plaintiff.

In this regard, a parent who wants to collect child support benefits will need to fill out an application three times. This procedure can be speeded up as follows: complete the document once and make two copies of it.

In this case, on each application that is not an original, the plaintiff must sign.

If, for example, a wife who is not divorced from her husband provides for several minor children alone, then it is possible to obtain alimony payments for each of them by filing just one lawsuit. To do this, it is necessary to indicate in the application their surnames, first names, patronymics and dates of birth.

Application for alimony in marriage sample form

In order to demand alimony from a spouse for the maintenance of a common child, it is not necessary to get a divorce.

Marriage does not in any way deprive parents of the obligation to support their children. Alimony can be collected both during a marriage and during a divorce of a married couple.

Marriage is not a reason to avoid parental responsibilities

And if it is unlikely that a child will be able to completely eliminate moral injury due to poor relations between parents, then in material terms, marital quarrels should not affect the growing family member. He cannot provide for himself on his own, which means that his parents, and both parents, must do this.

• Based on the above, the legislator does not make any distinction in the obligation to pay alimony to spouses, both those who are married and those who have terminated the marriage relationship.
• If in fact the child is being raised by one parent, and the other is not involved in direct upbringing and support, then a child support obligation arises.

How to collect alimony in marriage

Exactly the same as during a divorce. Alimony is a civil obligation and the marital status of the person who has such an obligation does not matter. If it is proven that one of the spouses is raising a common child, then the other must pay alimony.

1. Some positive aspects in the issue of alimony, when the parents of a minor are married, is some opportunity to reach an amicable agreement.
2. If the marriage is not dissolved, it means that not all ties are broken, and people have not become strangers to each other, even if documented, which means that dialogue is possible.
3. In order not to bring the matter to court, it is necessary for the parents to draw up an agreement on child support themselves, determine the procedure and amounts that one of the parents will pay while supporting their common child.
4. If dialogue is impossible, you are left with the court, to which you must file a standard claim for alimony in marriage with your spouse.
5. The plaintiff will have to prove that despite the registered marriage, he is raising the child alone, and the defendant does not take part in raising and providing for the joint child.

Sample application for alimony in marriage (without divorce) in 2023 - form, how to submit, if living together

The law establishes the need to pay alimony between certain family members, depending on the needs of any of them. At the same time, it is directly stated that alimony can be collected not only after the actual termination of family relations (divorce), but also during its validity. Marital alimony can be recovered from a child or a disabled spouse.

Concept and purpose

An application for the collection of alimony in marriage is a requirement to establish mandatory alimony payments from the payer to the recipient in the absence of a requirement for divorce.

In some cases, the marriage relationship is actually terminated, but formally the spouses are still married. For their personal reasons, they do not want to end the marriage, but the need to obtain some security still arises. For this purpose, an application for the collection of alimony during marriage is necessary.

The purpose of the application is to force each spouse to fulfill existing obligations for actual financial support of both the second spouse and other family members.

Who can submit

An application for the collection of alimony during marriage can be submitted by:

• Disabled spouse for the purpose of collecting alimony from the second spouse.
• One of the parents of a minor child for the second parent.
• One of the parents of an adult but disabled child for the second parent.

Where to contact

Alimony can also be established on the basis of an agreement certified by a notary. However, such an outcome is possible only when the parties can voluntarily agree on the fact of payment and other conditions. Otherwise, you will have to submit an application to the magistrate's court.

If alimony is set as a percentage of earnings, then a court order may be issued. If a fixed size is required, then you will have to file a claim.

Territoriality can be determined by the place of residence of both the defendant and the plaintiff.

A request to establish alimony may be sent to a city or district court, but only on the condition that another issue is being considered in parallel with it. For example, this is the establishment of paternity (a child in a marriage will most often be considered the son or daughter of the spouse, but the circumstances can be completely different and this option is not excluded).

What is the deadline?

You can apply to collect alimony at any time, but you can only collect payments for the past period for three years.

This is due to the establishment of a limitation period, which is three years (and only for some categories of cases it differs).

Consideration of the issue of collecting alimony must be completed within a month from the date of filing the application. But this period may be extended by another month if the circumstances of the case require it (for example, it will be necessary to obtain any documentation that the parties could not obtain on their own).

Required Criteria

This application may be submitted in the following cases:

• When the spouses' marriage is not officially dissolved.
• One of the parents does not fulfill his obligations to provide for a family member (or the second spouse).

In this case, it does not matter whether the spouses live together or no longer maintain a common household.

In any case, while the marriage is valid, they will have certain obligations towards each other, as well as towards some other relatives.

What papers are required?

In order to collect alimony during marriage, you must prepare the following documents:

• A document that can indicate the identity of the applicant. This can be not only a passport, but also other paper, for example, a foreign passport or temporary identity card. However, a driver's license does not apply to such documents.
• If the plaintiff has a copy of the defendant’s identity document, then it should also be attached to the application.
• A paper confirming the fact of marriage (certificate).
• Documentation demonstrating the need for additional expenses (such as treatment or special care).
• Documents confirming the property status of the parties (various certificates of income, agreements for the purchase of any objects, and so on).
• Petitions to call witnesses to the hearing. Of course, their testimony cannot be considered direct evidence, especially if there is only one witness. But they can be used to reinforce and clarify information.
• Power of attorney for a representative. The parent of a minor does not have to provide a power of attorney from the child, as he is the legal representative.
• An extract from the house or apartment register, which will confirm that the spouse changed his place of residence (if in fact he did so).
• Other documents confirming the applicant’s position.

Copies of documents can be attached to the statement of claim, but they will still need to be certified. The judge will be able to do this when the originals are presented to him at the hearing. And if an order is submitted, the originals must be attached immediately, otherwise the requirements will be denied.

If the applicant was unable to obtain any document on his own, then he can ask the court to send a judicial request for the issuance of this paper.

However, it will be necessary to prove to the judge that the applicant did everything he could to obtain such documentation (for example, he sent extradition applications and he has documents confirming this fact).

Structure

An example application for alimony without divorce must contain the following information:

• Details of the court to which such an application will be filed.
• Details of the parties (both plaintiff and defendant), that is, full name and address.
• Amount of duty and amount of claims.
• Title of the application.
• An indication of the events preceding the need to collect alimony (marriage, birth of a child).
• An indication of the termination (or initial absence) of financial support from one of the spouses.
• An indication of other circumstances relevant to the case (for example, the fact of separation of spouses).
• Link to legal acts substantiating the plaintiff’s position.
• Request to the court to collect alimony.
• List of applications.
• Date and signature of the applicant.

Also, the claim must be accompanied by a calculation of the claims, if necessary.

Will I need to pay tax?

When filing an application for alimony, regardless of whether it is collected within or outside of marriage, neither tax nor state duty is paid.

Once alimony is established, it is also not subject to taxation.

Procedure and results

If an application for an order is submitted, the procedure will be as follows:

• Preparing an application.
• Collection of the necessary package of documents.
• Submitting applications and applications.
• Issuance of an order by the court.
• Notice of the debtor's order.
• Receipt of an order that has entered into force.
• Submitting an order to the bailiff service.

If a claim is filed, actions will be taken in the following order:

• Preparing a claim.
• Collection of required documentation.
• Filing a claim in court (in the magistrate's court, if a related issue within the jurisdiction of district and city courts is not resolved at the same time).
• Trial (several hearings may be held).
• Making a decision by the court.
• Receipt of a decision and a writ of execution after the entry into force of a judicial act.
• Submission of the writ of execution to the bailiff service (the sheet is submitted at the debtor’s place of residence).

The outcome of the process will depend entirely on what evidence each party provides (the civil code states that each party must independently prove its position).

The applicant must indicate the need to pay alimony, the lack of support from the spouse and justify the amount of the required payments.

The potential payer has the right to either acknowledge the claims or present his arguments regarding the amount and the very fact of establishing payments.

The legislative framework

Any issues directly related to alimony legal relations are considered by the Family Code of the Russian Federation. If any information is missing from a given legal act, it can be obtained from related legislative acts.

Issues related to forced collection are discussed in the Federal Law “On Enforcement Proceedings”. The act determines the collection procedure, the rights of the parties, the limits of deductions from earnings, and so on.

The legal process is regulated by the Civil Procedure Code, but to determine the amount of the fee, it is worth referring to the norms of the Tax Code.

Judicial practice is also important, with the help of which you can form your own legal position and determine how promising the case is in general.

The legislator does not prohibit the collection of alimony in situations where the marriage has not been dissolved. The spouse may demand payment for himself (in case of his incapacity) and for the joint child. It is only important to correctly formalize the collection by submitting an appropriate application to the justices of the peace. After this, collection of payments will be carried out forcibly.