Citizens living in different regions with their former spouses sometimes do not know how to apply for alimony in another city. The possibility for the plaintiff to choose jurisdiction is provided for in article 29 of the Criminal Code of the Russian Federation. In order to understand the matter in more detail, it is recommended that all legislative subtleties and step-by-step punishment algorithms be studied.
Can alimony be recovered by living in different cities?
Traditionally, claims in civil cases are brought before the courts at the address of the registrar ' s registration; the exception is the recovery of maintenance: article 29 of the Code of Criminal Procedure gives claimants the right to choose a judicial authority:
- at the place of the defendant ' s propiska;
- The last known place of residence of the other party or the location of his property;
- in their place of residence.
Maintenance claims are heard by the magistrates ' courts, and if two claims are made at the same time, they should be referred to the district court.
What happens to the IP after the payer moves to another entity?
According to article 28 of FL 229, in the event of a change of place of residence, the person under maintenance must inform the bailiff in charge of the proceedings (IP). In the absence of notification, the executive documents shall be sent by the bailiff to the last relevant address of the IP participant, even if he or she does not reside there, and he or she shall be deemed to have been notified.
If the bailiff becomes aware of the change in the debtor ' s place of residence, he or she shall transmit the documents to the FSPB office at his or her address; if the address is not known, the case shall remain in the proceedings of the former bailiff until the information or identification of the claimant ' s property has been established.
Where data on the address of the debtor is available, the proceedings are in any case transferred to the territorial unit of the SPCF.
How can you contact a bailiff in different regions?
A free legal consultation will answer your question in five minutes!
The FSPF's official website provides a "Personal Office" service through which IP participants can file applications and complaints and maintain contact with bailiffs, as well as a telephone number for the FSPB desk officer to contact during working hours.
Communication support is also available through Russia ' s Post Office, and the applicant has the right to submit applications for the issuance of certificates in this way, but the delivery period may be as long as a few weeks.
How to recover alimony through court?
It's also important to know: average salary to calculate maintenance.
First, it is necessary to determine the way in which:
- An application for a court order to be issued by a judge within 5 days is filed; it is relevant if there is a certificate of income from the payer; the latter may lodge an objection to the order within 10 days of the receipt of the copy, and the matter shall be dealt with in a court of law.
- Proceedings: No more than 1 month.
The issuing of an order is convenient in the absence of disagreement between the payer and the recipient; the latter may apply to the court in his or her place of residence, even in another city.
The proceedings are more complex and consist of the following steps:
- Commencement of the claim: This is done by the applicant on his own or by paying for the services of a specialist.
- Suspicion: The plaintiff may do so himself or with the assistance of a legal representative, having first obtained a power of attorney from a notary (general or special), which is available for the sending of claims by Russian mail.
- Examination of the claim: When residing in another region, the applicant is entitled to apply for a hearing without his or her participation if he or she does so in the city of the second party ' s residence, which may lead to a refusal of the claim, preferably to initiate proceedings at the address of his or her residence; if this is not the case, the plaintiff ' s interests may be represented by an attorney; if the application is lodged in his or her town, the applicant shall have no difficulty in appearing before the court.
- Decision-making: After entry into force, an executive list (IL) shall be issued and handed over to the applicant, who may send the IL to the FSP at the place where the maintenance is registered or request the court to do so.
Consider the example of practice:
The divorce took place in June 2017, and a three-year-old son remained with the woman and soon moved to St. Petersburg, where the former husband remained in Vladimir.
After the move, the woman decided to collect 25 per cent of his salary from him, and to do so during her visit to the city, Vladimir filed an ex-husband suit and filed a motion for proceedings without her participation.
The decision was granted in full, and the IL was sent to the bailiffs on the plaintiff ' s application by the court.
Other example:
The man moved to Orel, and his wife stayed in Saratov, and she decided to divorce and collect alimony for a minor daughter.
There are two claims for consideration: divorce and recovery of maintenance.
The defendant has been notified of the proceedings, submitted an application and submitted a written consent for the dissolution of the marriage.
The plaintiff appeared at the hearing on the appointed day.
The case was heard in two sessions because there was no objection from the parties; the claims were met in full; the IL was sent by the claimant himself to the FSPF at the place of receipt of the letter of acknowledgement, which was issued by post.
It's also important to know, "Alternatives on sick leave are held or not?
Where should I go?
Justices of the peace are responsible for the recovery of maintenance payments and the possibility of attending hearings should be taken into account in the choice of jurisdiction; when filing the defendant ' s registration documents, it will be necessary to travel to another city or to file an application for review without the participation of the plaintiff.
The law gives claimants the right to choose their own jurisdiction, but the ILs received are submitted to the SPF in the place of residence of the tenant.
Time frame for the consideration of the case
The claim for maintenance shall be considered within one month and, if the claim is brought by the Russian Post Office, the time limit shall begin to run from the moment notification of the service is received.
The order is easier because it is possible to obtain an order five days after the application is filed, and the time limit is extended if the applicant applies to the payer ' s place of receipt and delivery is by mail.
Necessary documents
The list of documents depends on the type of production:
Statement of claim | Application for extradition |
Passport | |
Child ' s certificate or passport for a 14-year-old adolescent | |
Income and cost statements for the child from the recovery officer | |
Payer ' s salary certificates (optional) | Documents on the defendant ' s salary |
Marriage certificates |
Application for maintenance at the defendant ' s place of residence
The procedure must be based on article 131 of the Code of Criminal Procedure on content, which should include information on:
- Name of judicial authority;
- FIO, address of registration or residence, date of birth of the applicant;
- FIO, date of birth and address of the other party ' s propiska;
- The date of the marriage and the dissolution of the marriage;
- The defendant ' s non-participation in the financial costs of a common child;
- FIO, date of birth and data from a certificate for a child under 14 years of age, older than 14 years of age, information from a passport;
- A claim for maintenance;
- Date of writing and signature.
The application shall be made in two copies; one shall be submitted to the court and the other shall be returned to the claimant with a notice of registration.
Example of a statement of claim:
Justice of the Peace of Court No. 10 of Kurska
Alferov I.W.
Claimant:Miriaev O.N.
Address:Kursk, Lenina Street, D. 12
Defendant:Maximenko S.R.
Address:Kaluga, Tsiolkovsky Street, D. 18
Statement of claim
Can I put you on alimony in another town?
Both parents have the same obligation to maintain common children, including financial security, and legislation determines whether alimony can be provided in another city and the answer is yes. The former spouse ' s residence outside the child registration region is not grounds for the cancellation of maintenance obligations.
Under article 106 of the Code of Criminal Procedure, if a maintenance agreement has not previously been concluded with the former spouse, the other party has the right to collect the money from him or her in a court of law; living in another city may not be an obstacle and citizens whose children are dependent may apply to the court at the place where they are registered.
How to file alimony if the defendant lives in another city
A lot of women don't know where to pay alimony if the father lives in another town, and it's very simple here: it's enough to get the money back at the place where the child is registered, and this procedure applies the same rules that I've been asking for money in general, except for the distance adjustment.
Another way to go is to set up a voluntary agreement with the second parent of a minor, which will specify the size and when he must list the finances.
A divorce may not be required for alimony or an agreement; in the first case, it will have to be proved that the spouse tried to obtain material assistance for the child by peaceful means.
It matters!Evidence may be useful here: scripts of social media correspondence with the defendant, audio and video recordings, witness statements. If a court order for maintenance has been selected, it is possible to file an action with the justice of the peace, or an application for an order.
Voluntary agreement between the parties
If the parties have decided to resolve the problem peacefully, they can draw up an agreement, which must be certified by a notary, so that one of them will either have to come to the city of residence or act through a legal representative who will also have a notary power of attorney.
What should the agreement contain:
- The amount and manner of payment of maintenance: ex-wives may choose either a fixed rate or a percentage of the salary, depending on the number of children; 25 per cent for one, two-33 per cent and 50 per cent for three or more minors, of the average monthly earnings of the child.
- If the agreement does not specify a specific time frame, it will remain in force until the child reaches the age of 18.
- In what order the contract may be avoided or modified, it may be indicated here by agreement of the parties or through the court.
- Procedure for indexing maintenance payments: If no such item exists, the indexation is made in proportion to the rate of growth of the subsistence minimum in the region; the rules established by article 117 of the Russian Federation apply.
A notary fee will have to be paid for the certification of the document; the amount for 2018 is 5,000 rubles; the parties may divide this amount equally, or one of them assumes the obligation to pay – legislation does not regulate at this time, but a receipt is provided to the notary without which he or she will not act.
An agreement can be drawn up on its own, or a lawyer or notary can be contacted; in the latter case, in addition to a notary tariff, additional fees will be charged, since the provision of contractual services is paid separately by citizens.
Recovery of maintenance in another city through court
According to article 29 of the Criminal Code of the Russian Federation, a spouse may file a complaint with the court at the place of registration if the ex-husband lives outside the region and has not been able to reach a consensus peacefully.
- A simplified enforcement procedure can be used by applying to the justice of the peace for a court order if it is known which city or organization the defendant lives in;
- If the plaintiff only knows the defendant ' s place of work, it is recommended that a claim for maintenance be filed immediately, and that the duty to search for the father be assumed by the bailiffs, who are authorized to submit official requests to the State authorities for the detection of alimony workers throughout the territory of the Russian Federation.
The plaintiff may also claim alimony at the defendant's place of registration if he or she lives in another city, but it must be borne in mind that he or she will have to attend all court proceedings so that the claims do not turn against him or are not reduced by the court; in such a case, an appeal will have to be lodged, all of which entail considerable costs.
Write-off of application
The most important rule in drafting a statement of claim, which needs to be learned before applying for alimony in another city, is that it is mandatory to indicate that the defendant lives in more than one region with a child, and that distance does not matter.
What information should the document contain:
- Name of the judicial authority to which it is submitted.
- F.I.O., addresses of the plaintiff ' s and defendant ' s registration, passport data.
- Information on children: F.I.O., age with whom they live, series and number of children ' s birth certificates (if more than one minor).
- Subject matter: Request for reimbursement of maintenance from a former spouse living in another region - a fixed rate, or as a percentage of earnings.
- Information on the defendant ' s place of work, if the plaintiff has them, will also be needed on the address of the former spouse, even if it is only suspected.
- References to the articles of the SC and the PCA of the Russian Federation confirming the right to claim alimony and to apply to the place of registration.
- An inventory of the attached documentation.
- Date of the claim and signature of the claimant.
In addition to the statement of claim, the court will need other material to consider:
- A job certificate on the income of a man who must pay alimony;
- The written consent of the person under obligation if an application for a court order is made;
- The family composition certificate required to confirm the complainant ' s and children ' s joint residence;
- A certificate from the EVI on the number of family members living with the defendant.
Documents are provided in the form of copies and originals. Copies remain with the judge ' s assistant and the rest is given to the complainant. It is recommended that the application be made in at least two copies: one must remain in court and the other must be marked for acceptance.
Attention!If an application for an order has been filed, the claim shall normally be executed within five calendar days.
Can you apply for alimony in another city without registration?
The fact that the plaintiff has permanent registration at the place where the claim is filed is irrelevant; he may also submit an application to the place of residence, since the financial well-being of a minor is at stake.
When the claimant moves with the children, the same rules shall be applied as in the case of alimony if the husband is registered in another city and the applicant does not have local registration:
- The claim shall be filed at the place of the applicant ' s residence;
- The court proceedings are instituted on the basis of an action against the defendant ' s place of residence.
The outcome of the review of the application is an executive notice, which must be sent to the bailiffs at the home of the maintenance worker in two ways:
- The applicant himself sends the document to the SPF, and precise information on the location of the body and the index will be required, and it would be desirable for the delivery to be done by Russian mail by means of a letter of notification, which will serve as proof of receipt of the executive list by the bailiffs.
- The court shall, at the request of the plaintiff, send the sheet to the SPCF.
Under the law, an action may be brought in any court, regardless of the residence of the plaintiff or defendant, but the enforcement proceedings will be initiated by the SPF, which is the responsibility of the maintenance provider ' s registry.
How to pay alimony for a child's father's move to another city
If the ex-husband has moved to a different town, the wife may apply for maintenance even if he has not signed in, but this does not constitute grounds for dismissing the claim, most often as follows:
- A claim shall be filed at the place of the executor ' s notice or at the place of maintenance.
- The payer does not appear before the courts and they are held without it.
- If a lot of non-appearances have been allowed, a recovery order will be issued.
- An executive record shall be drawn up, which shall be put into effect at the same time as the court order for maintenance.
- The plaintiff takes the executive list and sends it to the bailiffs, who are run in the hometown of the landlord.
- Enforcement proceedings are initiated by bailiffs and the payer is sought during the process.
- After all the activities, the sheet can be sent to the employer ' s books and the maintenance is paid automatically from each salary.
It matters!If the plaintiff does not know the address of the defendant ' s actual registration or place of work or has no knowledge of his whereabouts at all, the proceedings will be initiated by the FSPF in the city where the proceedings took place.
How to recover maintenance debt when the debtor moves to another city
If the performance sheet has already been processed and maintenance debts have been incurred by the payer, the recipient needs to revert to the bailiff – he is the one responsible for the performance of the obligations on the sheets.
The following measures may be taken with respect to the maintenance worker:
- Call to interview the bailiff voluntarily or forcibly;
- A search warrant;
- Restrictions on the use of driving permits (up to the exemption);
- The debtor will not be able to travel abroad because of the ban.
If, during the search, it is established that the debtor lives in another city, the execution proceedings will be transferred to the SPT in its territory of residence.
Method of transfer of enforcement proceedings to a different division of bailiffs
Once the exact address of the tenant ' s residence has been established, the bailiff is required to perform the following:
- Notify the applicant in writing.
- To issue an order or a re-direction of business to another address.
- Not later than the day after the decision on the transmission of the executive documents has been drawn up, they will be forwarded to the appropriate unit of the MTSP.
All materials are sent as originals by Russian mail; if the recipient wishes to deliver them on his own, they must be handed over to him personally.
As a fund-raiser to communicate with a bailiff in another city
When the material is transferred to another unit of the SPF, the actionr has the same rights as the case management in the city where it is located:
- To learn all the new information and get acquainted with the case file;
- To obtain information on the status of the office;
- Explain and argue.
If it is not possible to make personal visits to the bailiff, the applicant may communicate with him by working telephone, e-mail or e-mail.
Maintenance certificate received – what to do next
The maintenance act in this case refers to a court order for recovery, but in addition to it, an executive notice is issued, which is subsequently handed over to the bailiffs, who are authorized to collect money from the alimony officers, and who, during the search, determine the father ' s whereabouts, place of work and salary, calculate the amount of maintenance.
If the payer lives in another city, this is not an obstacle and the case file is transferred to the place where it is actually located or registered.
How to file for alimony if the ex-husband lives in another city, the Legal Clinic
First, since there is already a decision to pay maintenance for which your ex-husband does not pay, you are entitled to recover the accumulated debt from it; if the execution proceedings are initiated, the debt is calculated by the bailiff.
This calculation is the basis for an action to be brought before a court, and if the execution proceedings have not been initiated, you can also apply to the court for payment of the arrears.
However, it must be borne in mind that you will be obliged to prove that you did not receive the alimony.
Secondly, maintenance payments under your decision are collected in hard cash: 1,500 roubles monthly, if enforcement proceedings are initiated, in accordance with article 1, paragraph 1.
117 The judicial officer of the Family Code of the Russian Federation is obliged to index maintenance in proportion to the increase in the size of the subsistence minimum for the relevant socio-demographic group of the population established in the relevant entity of the Russian Federation at the place of residence of the person receiving maintenance, and if there is no such amount in the relevant entity of the Russian Federation, make such an index in proportion to the increase in the amount of the subsistence minimum for the relevant socio-demographic group of the population in general in the Russian Federation.
Third, according to art.
119. If, in the absence of an agreement on the payment of maintenance following the court ' s determination of the amount of maintenance, the material or family status of one of the parties has changed, the court is entitled, at the request of either party, to change the amount of maintenance or to exempt the person liable to pay the alimony from payment.
Of course, the need to treat a child is grounds for a review of the amount of maintenance.
Fourth, as a general rule, claims are brought before the court in the defendant ' s place of residence; however, under article 29, paragraph 3, of the Code of Civil Procedure, claims for maintenance and paternity can also be brought by the plaintiff before the court in his place of residence.
Thus, you have the right to apply to the Court of Justice at your place of residence for the recovery of maintenance arrears and changes in the amount of maintenance.
As evidence justifying your claim, you must provide information on your ex-husband ' s income, real estate, vehicles and other movable property, as well as medical certificates on your daughter ' s medical treatment and receipts for medicines and medical services.
How to pay for alimony in another city
No matter where you liveParents are obliged to support their minor children (including:Payment of alimony) until they reach the age of 18 years: in one or different cities with the claimant, there is a maintenance worker, or one of them changes his or her place of residence and moves to another settlement –Maintenance obligations maintained in full.
If necessaryInitial recovery of maintenancefrom the father (mother) of the child or (former) husband(s) living in another city to the civil lawRight to apply to the courtIt is not only the defendant ' s place of residence, but also the place of residence of the defendant.Procedure for the transmission of the execution sheetOnce the court has rendered its decision, it depends on whether the payer is known or not.
If, however, the place of the maintenance worker is unknown and the alimony payments are not knownArrears have already been createdthe bailiffs are obliged to accomplish the task by declaring the non-payerI've got a search warrant.by the Russian Federation (in whatever city it is in).
How to recover alimony if the father (mother) of the child lives in another city
The whole alimony process is perfect.does not depend on the locationAs in the case of the child ' s parents staying in the same city, the assignment of material assistance can take place in two ways:
Lawyers advise parents to try to resolve disputes over child support payments.on a voluntary basis with the notaryIf one of the parents refuses to make contact, or the father and mother of the offspring are intransigent in their disputes,To file a complaint with the court.
Voluntary method (by notary)
According to article 99 of the Family Code of the Russian Federation, voluntary meansa compromise between father and motherof a minor child in all aspects of the payment:
- A month's worth.
- Periods of payment.
- The method of listing and other important nuances.
In order to make an agreement, parents mustTo visit a notary together., i.e. the mother or father has to make concessions and come from another town to visit a notary office, with the following documents:
- Passports on both sides.
- A child's birth certificate, even if he already has a passport.
- The marriage certificate or its dissolution.
- The maintenance payer's income certificate is no lower than in the last three months if the amount is recovered as a percentage of the salary.
If the son or daughters on whom alimony will be paid have already reached the age of 14,the child must be presentIn the notary's office at the time of the agreement.
Prices of notary services may vary depending on the region; for example, in 2023 in Bryansk, a maintenance agreement would have to be paid for.5,250 roublesOne party is entitled to pay the service on its own, or the payer and the recipient bear the costs equally.
Each party will receive its own copy of the notary agreement.Legal effect of the execution sheetThis means that, in the event of non-compliance with the terms of the contract, the document can be enforced at the payer ' s place of employment or at the territorial court bailiff ' s service.
Court of Justice (Judicial Court)
The coercive method is used when one of the parentsAvoid child maintenanceIn this case, the person with whom the minor is living has the right to judicial payment (art. 80, para. 2, of the Code of Criminal Procedure).jurisdiction of the world.
Article 29, paragraph 3, of the Code of Civil Procedure provides for an alternative procedure of recourse to a court: i.e. the right of appeal to a court of law.
The applicant may file a claim for alimony in any form.Global courthouseBoth the defendant ' s place of residence (in another city) and his settlement.
IfThe defendant ' s address is unknownthe proceedings will also be heard in the claimant ' s place of residence for maintenance.
Better use of the right granted by law and recourse to the courtsat the location of the fund-raisersince it would be convenient for the complainant to attend court proceedings and to defend his claims in person.
But if the retriever does,to the court at the defendant ' s place of residenceIn another city, and therefore not able to attend court hearings, it is best to draw up and send to the courtApplication to hear the case without the participation of the claimant ' s partyand to maintain its demands in full.
To SovietDistrict CourtKrasnodara Krasnodar, Rue Petrenko, D. 9
Claimant:Larina Olga Grigorievna, Moscow, Garden Street, D.17, tel.:hhhhhhhhhh
Defendant:Larin Stepan Sergeyevich of Krasnodar, Dubov Street, D.118, tel.: hhhhhhhhhhh
Application to hear the case without the participation of the claimant ' s party
In the proceedings of the Krasnodar Soviet District Court, the case for the recovery of maintenance from the defendant, Larina S. S., born in 1980, in favour of a daughter under the age of majority, Larry Alina Stepanovna, born in 2012, in the amount of 1/4 of the defendant ' s total income.
On the basis of article 167, paragraph 5, of the Criminal Code of the Russian Federation, the court is requested to consider the case without my participation in connection with the remote residence and inability to visit the trial.
I insist on the full extent of the claims against the defendant.
12.03.2022 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Upload application sample
The complainant should also bear in mind that he is in the present case.Exempted from payment of State dutyUpon the conclusion of the trial, the Minister of State is liable to the defendant under article 333.36, paragraph 2, of the Tax Code of the Russian Federation.
Where do you apply for alimony if the payer lives in another city?
The outcome of the recovery hearing for child maintenance is an executive document –court order or executive noticeThey state the defendant ' s monthly maintenance obligation (in which firm amount or share of income is recovered from the person).
In accordance with the law, it is the duty of the court to execute the order.Sub-group of the MTSP:
Is it possible to apply for alimony in another city: How to do it, where to turn?
It is the duty of parents to support children until they reach the age of 18 years; the termination of relations between spouses does not abolish this obligation established by the Family Code of the Russian Federation.
In practice, most often after a formal divorce, children continue to live with their mother and the father is obliged to pay alimony for them; some ex-husbands try to evade responsibility, change their jobs and place of residence, and move to another city.
The legislation of the Russian Federation allows the mother of the children to involve the father in the payment of payments, regardless of the place of residence.
Application to the court of the child ' s place of residence
In the interests of a minor, the Code of Civil Procedure allows a parent to apply for maintenance at the place of permanent registration of a child.
If the application only requires money for the maintenance of a son or daughter, such situations are dealt with by the justice of the peace, which is at the place of permanent registration of the woman.
If paternity determination is required, the mothers of the children should apply to the district court.
When the case is concluded in favour of the mother (the plaintiff), she shall be given an executive notice; he shall be referred to the bailiffs in the town where the former husband lives; the mother of the children shall be entitled to do so in person by post, or the court may send the bailiffs to the city where the defendant is located.
Documents required to be made available to the judiciary:
- A claim for maintenance from the child ' s father;
- A photocopy of the birth certificate of the child (children);
- A copy of the applicant ' s passport;
- A certificate of who the children live with (extract from the home book).
Application to a court of residence of a former husband who lives in another city
In cases where the mother is for some reason unwilling or unable to file an application with the court in her own place of residence, she may file an application with the judicial authorities at the place of permanent or temporary registration of the defendant; there are several ways to recover the maintenance debt, even if the ex-husband is already in another city.
Application for maintenance by the plaintiff personally
The ex-husband can come to the city where the father of the children lives and bring an action before a justice of the peace or district court at the place of the former husband ' s new registration.
The advantage of this method is that the mother can personally file a complaint and supervise the process of registration with the court registry.
The shortcomings of the method include the need for time and money to arrange travel to the court to which the application is submitted.
Through the representative
The use of legal intermediaries will save time and, on the basis of the power of attorney, the authorized person will bear the burden of preparing the claim and accompanying the execution proceedings; the lack of means is obvious: the monetary cost of the mediation.
RELEVANT: Maintenance: processing of cases within the PCO
Sending an application by mail
The legislation of the Russian Federation allows for remote application to the court; the mother of the child may submit a complaint to the judicial authority by mail in the form of a registered letter of notification and a mandatory inventory of the investment.
Other documents must be attached to the application, including a motion to hear the case without the participation of the plaintiff.
Lawyers recommend that they come to the meeting in person, but if the mother does not have the opportunity to do so, it makes sense to present her case in the petition and motion as fully and in detail as possible.
Maintenance husband in another city
It is clear that the child's interests will be impaired if the mother with whom the minor has stayed spends time travelling in the country, spending money on tickets, hotel fees, meals in a foreign town.
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Contents:
- How to pay alimony if the child's father lives in another city
- How do you apply for alimony if your husband lives in another city?
- How do you get alimony from your husband if he's in another town and he's not officially working?
- How to pay for alimony in another city
- How can you pay alimony if the child's father lives in another city or has moved?
- How to pay alimony if a husband is in another city
- How to pay alimony if you don't know where your husband lives.
Take a look at this: What to do and where to go if there is a problem with the payment of maintenance
How to pay alimony if the child's father lives in another city
The means of transferring the execution proceedings to another city, irrespective of the place of residence, are required by the parents to maintain their minor children, including by paying alimony until they reach the age of 18: If the father of the child ' s mother or the former husband of the wife residing in another city is required to pay maintenance, the civil law provides for the right of the applicant to apply to the court for payment of funds in his or her place of residence and not only in the place where the defendant is located.
The procedure for handing over an executive notice after a court decision has been issued depends on whether the person paying maintenance is known or not, but if the place of the maintenance provider is not known and the alimony payments have already created a debt, the bailiffs are required to accomplish the task by announcing the non-payer to an executive search for the Russian Federation in whatever city he is in.
How to recover alimony if the child ' s mother lives in another city The process of applying for alimony itself is completely independent of the location of the payer and the claimant and is in accordance with the general provisions of the law.
As in the case of the child ' s parents in the same city, the assignment of material assistance can occur in two ways: lawyers advise parents to try to resolve a dispute over the payment of child support voluntarily by a notary in a peaceful manner, as it requires less time and effort.
If one of the parents refuses to make contact, or the father and mother of the offspring are irreconcilable in their disputes, it will be necessary to sue.
Payment terms and other important nuances. This agreement must be certified by a notary maintenance agreement in the manner provided for in para.
In order to conclude an agreement, parents must visit a notary together, i.e. they must carry the following documents: the passport of both parties; the birth certificate of the child, even if he already has a passport.
The certificate of marriage or its dissolution: the certificate of income of the maintenance payer shall not be less than in the last three months, if the amount is recovered as a percentage of the salary; if the son or daughter on whom the alimony is to be paid has already reached the age of 14, the presence of the child in the notary ' s office is mandatory at the time of the conclusion of the agreement.
Prices of the notary service may vary depending on the region; for example, in Bryansk in the year, rubles will have to be paid for the maintenance agreement.
A party is entitled to pay the service on its own, or the payer and the recipient bear the same expenses; each party will receive a copy of the notary agreement.
It has the legal effect of an executive list.
This means that, in the event of non-compliance with the terms of the contract, the document can be enforced at the payer ' s place of employment or at the territorial service of the SBS bailiffs.
In the courts of the peace, the compulsory method is used when one of the parents avoids the maintenance of the child and refuses to register a voluntary agreement.
In such a case, the person with whom the minor is living has the right to payment by the courts. c. Maintenance cases have a global jurisdiction; if the defendant ' s address is unknown, the proceedings will also be heard in the claimant ' s place of residence.
It would be better to take advantage of the right granted by law and to apply to the court in the place where the funds were collected, since it would be convenient for the complainant to attend court proceedings and defend his claims in person.
If the applicant did turn to the court at the defendant ' s place of residence in another city and therefore would not be able to attend the proceedings, it would be best to prepare and submit to the court a motion to hear the case without the participation of the claimant ' s party and to maintain its claims in full.
To the Krasnodar Soviet District Court, Krasnodar, Petrenko Street, Dr. Larina Olga Grigorievna, Moscow, Sadova Street, Dr. Larin Stepan Sergeyevich, Moscow
The case for the recovery of maintenance from the defendant, Larina S., is pending in Dubova, d. Krasnodara, on the basis of the statement of claims against the defendant, and I insist on the full extent of the claim.
Where to file an executive note for maintenance if the payer lives in another city? The outcome of the recovery hearing for child maintenance is an executive document - a court order or an executive note - which specifies the defendant's monthly maintenance obligation in what amount or share of the income is recovered from the person.
According to the law, it is the responsibility of the territorial division of the SBS to comply with the order: The procedure for the action of the applicant, if the bailiff is located in another city, a step-by-step instruction if the address of the payer ' s residence in another city is known after the move, it is mandatory for the claimant to send the original of the execution sheet upon receipt to the SBS residence office of the defendant.
The address of the territorial public authority can be specified on the official website of the SSPF, and the following documents are attached to the executive page: Application for the commencement of enforcement proceedings in the event that documents are sent by mail is accompanied by the applicant ' s filled-in, if the SBS office is visited in person, the form proposed by the bailiff can be completed.
A model application is given below: To download an empty application form from the Bank Account of the recipient of the funds.
It should be borne in mind that the requisitions and the bank card number are different, without which the bailiff will not be able to make maintenance payments; a registered letter must be sent with notice to ensure that the documents are not lost.
This type of correspondence will prove that the information was actually transmitted by the person seeking it.
In the event that the defendant ' s address is not known, the executive list should be forwarded to the SBS territorial office at its place of residence for the initiation of enforcement proceedings.
How to deal with bailiffs when the maintenance debtor has moved to another city? Sometimes in practice the situation may arise: if the alimonyer is good-faith, the payment continues, and in fact the fact does not change anything for the recipient.
If, on the other hand, the person under maintenance is in arrears over a certain period of time, some effort will have to be made by the beneficiary of the relief in order to meet the task of claiming the debt.
The powers of the bailiff are territorially defined: the clemency officer will be issued with an executive search if the perpetrator or bailiff becomes aware that he has changed the city of residence and has not informed the address of the new location.
An application for an executive search may be initiated by the official himself or at the request of the applicant, and once the location of the non-payer in another city has been established, the bailiff will decide to refer the maintenance case to the division of the SBS which is territorially empowered to impose enforcement measures on the debtor.
There is no legal dispute between officials as to the place where the execution took place, and the bailiffs of another city will be obliged to notify the alimony agent of the non-payment and responsibility for it in one of several ways: How to transfer the maintenance enforcement proceedings to another city?
- An executive case of maintenance debt may be brought before another division of the MTSP by bailiffs or by the recriminator himself.
- Before sending a package to the new designated payer ' s office, the bailiff in charge of the case is obliged: the claimant has the right to personally transfer the maintenance case to ensure that the required documents are not lost, damaged, lost or entrusted to the bailiff ' s office.
- Unfortunately, cases sent by mail are often lost and it is difficult, and often impossible, to recover lost documents and hold anyone accountable.
If the recipient of the maintenance has the possibility of referring the case personally to the bailiffs in another city, it is better to choose this option; in the case of a separate transfer of the documents by the recipient of the support, he or she must leave a receipt with the bailiff in order to receive the case for transmission to the designated payer ' s office.
When the papers are received by the authority of another city in which the non-payer lives, the bailiffs of this unit begin work in the execution proceedings to recover the funds from the debtor.
How do you apply for alimony if your husband lives in another city?
The possibility for the plaintiff to choose jurisdiction is provided for by article. In order to understand the matter in more detail, it is recommended that all the legislative nuances and step-by-step punishment algorithms be examined. Can alimony be recovered by living in different cities? Traditionally, claims in civil cases are filed with the courts at the address of the landlord ' s registration; the exception is the recovery of maintenance:
I'm divorced, a 13-year-old daughter living with me, an ex-husband living in another town, barely helping us, a few years ago.
Where to file an application for maintenance? The enforcement of maintenance is only ordered by a judicial authority; for example, it must be addressed: however, there is no enforcement on its own.
Such acts are the responsibility of other institutions, for example, the courts issue an order which must be enforced; by virtue of this obligation, authorized institutions have the right to compel the father to pay alimony.
These institutions are defined by law as follows:
How to pay for alimony in another city
The means of transferring the execution proceedings to another city, regardless of the place of residence, are required by the parents to maintain their minor children, including by paying alimony until they reach the age of 18 years: if the father of the child ' s mother or ex-husband of the wife residing in another city is to be initially paid, the civil law provides for the right of the person responsible to apply to the court for the allocation of funds at his place of residence and not only at the place of the defendant ' s place of residence. If the place of the maintenance provider is not known or not; if the place of the maintenance provider is not known and the amount of the maintenance payments has already been paid, the duty of the bailiff is to perform the task of declaring the non-payer to an executive search for the Russian Federation in any city; how to collect alimony if the father of the child lives in another city; the process of filing maintenance itself is entirely independent of the place of the payer and the applicant and is in accordance with the general provisions of the law.
How do you pay for alimony if your husband is in another town? How do you pay for alimony while you're in another town?
If a child lives with his mother, the father must pay a monthly amount of maintenance.
At the same time, the Family Code of our country carefully regulates the procedure for determining the amount of maintenance and its payment; if you are divorced and the child lives with you, your husband is obliged to pay a certain amount of money as alimony.
If he refuses to pay this amount of money voluntarily, you can file a claim with the court to collect maintenance debts.
How to pay alimony if a husband is in another city
In fact, the action algorithm is no different from the standard; the only exception is the distance correction, which allows the applicant to apply or use the services of a notary in his or her city.
In total, there are two options for recovery: a voluntary payment agreement is drawn up at the parents ' mutual request; the procedure is being followed in a notary office.
On a unilateral basis, a parent living with a child filed an application with the court.
If the second parent lives in another city by means of or (former) a husband (wife) living in another city.
The law determines whether alimony is available in another city and the answer is yes. The former spouse ' s residence outside the child registration region is not grounds for the cancellation of maintenance obligations.
How to apply for alimony, if the husband lives in another city, ex-wives with children and once living together can start living in different cities.
If the question of the recovery of maintenance had not been raised before then, the mother would probably want to know, if there was a desire to recover money for the child, how to apply for alimony if the father was in another town? There are several ways to file a claim, considering them in this article.
If only a claim is made for the recovery of money for the maintenance of a son or daughter, it is necessary to apply to the justice of the peace; if, for example, paternity is to be established, the district court must apply to the court.
Good afternoon, you must file a claim for maintenance with the justice of the peace at the place of your propiska or at the place of your father's propiska — the choice is yours alone.
The main claim for alimony How to pay alimony in another town How to pay alimony in another city Many mothers believe that it is difficult and mandatory to collect alimony from the father of the child or husband living in another settlement to travel directly to the debtor ' s place of residence.
However, this is a mistake: the residence of the child ' s parents in different cities should not be an obstacle to their equal participation in its material content, as provided for in the Family Code of the UK, including through the payment of alimony.
For the convenience of a single parent raising a child, judicial and executive proceedings for the recovery of maintenance may be initiated not only at the place of residence or residence without the registration of the payer, but also at the place of residence of the recipient of the funds.
In the process of direct enforcement of the judgement, the officials of the Federal Service of the Federal Guards of the OFSP will decide, depending on the area in which their territorial powers are extended, where the execution of the maintenance worker will take place.
If a parent who does not contribute to the child ' s maintenance lives in another city, this will not be an obstacle to the initial recovery of maintenance.
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