What kind of paperwork you need to file for child support after divorce,

The question of how to apply for alimony after a divorce unfortunately becomes relevant to the parent with whom the children remain, as he will have to deal with all the problems that arise on his own.

After divorce, all matters relating to the upbringing and maintenance of the children are settled jointly by the former spouses, and it is not important which parent they live with.

Grounds for recovery

It is possible to obtain them if:

• There are blood-born or adopted minor children;
• There is a disabled child who has reached the age of majority;
• The ex-wife is pregnant;
• One of the spouses lost his or her capacity to work in marriage or within 12 months of divorce;
• The former spouse is disabled;
• The ex-husband (or wife) is a retired man.

Material support by mutual agreement

If it is possible to resolve the issue of a benefit for a minor without the use of arbitrators, a special agreement shall be drawn up; the document shall be certified by a notary and shall clearly specify a firm sum, a time limit and the means of payment.

In order to formalize the maintenance agreement, the notary should be provided with documents:

• Parents ' civil passports;
• Birth certificates for children;
• a certificate of income of a parent wishing to provide material support.

Specialist comment: Under the maintenance agreement, it is often possible to obtain more money than forcible recovery through court.

Enforcement

• In order to retain maintenance against the payer ' s will, they are referred to the court at any time before the children reach the age of majority, as well as in circumstances that make it possible to obtain material support from the former spouse.
• If the parent does not have a job or stable income, the retention is determined in a firm amount.
• The procedure for the processing of documents for the recovery of money consists of several steps.

Definition of jurisdiction

Applications for maintenance shall be made before the justices of the peace unless:

1. Paternity (maternity) is contested or needs to be established.
2. The involvement of third parties interested in the case is required, as a rule, where a claim for assistance is made in a firm amount, the children ' s place of residence is in dispute, the defendant is already paying alimony for minors from other marriages, and it is impossible to establish the location of the defendant and the source of his income.

In these two cases, the application is made to a court of district or city importance.

An important point is that the retention penaltyr does not pay a State duty when filing an application to the court. It is possible to file documents at the location of the plaintiff or defendant, which is not of principle; once the jurisdiction is determined, it is possible to proceed to the next stage.

Read about the features of the change in the amount of maintenance here.

Collection of documents

Success depends to a great extent on a well-prepared package of documents, and the evidence must be presented to the court in the original, personal documents in original, notarized copies.

The list of required papers is as follows:

• The statement of claim (generally made in multiple copies, taking into account the number of parties to the case);
• The applicant ' s civil passport;
• A certificate of dissolution of marriage;
• Birth certificates for children;
• A certificate on the composition of the claimant ' s family;
• A copy of the civil passport and information on the defendant ' s earnings (despitely but not necessarily).

Maintenance cases authorized by the courts provide for the payment of duties; once the claims have been settled, the amount is recovered from the defendant in the State budget, but the plaintiff is exempt from paying any duties and taxes.

Note by the specialist: The allowance, determined in a firm amount, is subject to indexation when the minimum subsistence level is changed.

Literacy of the statement of claim

If the situation is complex and complicated, it is best to involve a qualified expert in the processing of the application, but the plaintiff must have an idea of how to create the document.

It should include the name of the court, names, addresses, contact details of the parties, the estimated amount of the benefit for 12 months.

The text should indicate the dates of marriage, its termination, the birth of children together, and with whom the children live; if the detention is imposed on a spouse who has lost his or her capacity to work, the application must justify the right to material support.

The amount of financial assistance and the type of penalty should be specified in the document:

• as a percentage of the defendant ' s monthly earnings;

Counsel ' s observation: The child support allowance can be recovered not only from the date of application but also from the period since then.

Resolution of the matter in court

In a justice of the peace, an application is allowed in five days by the judge in absentia, without the invitation of the parties.

As a result, a court order is issued; if the document does not appeal within 10 days, the defendant will enter into force.

In a court of general jurisdiction, the authorization of the application shall be subject to the rules of the proceedings within a period not exceeding two months and the parties to the case, the persons concerned, the witnesses shall be called to the hearing and the presiding officer shall examine the evidence and make a decision.

Specialist observation: The basis for the retention of the benefit is a court order or an executive notice.

How is the verdict on the recovery of maintenance being implemented?

• Directly send the executive document to the accounting department of the firm in which the defendant works;
• Send a court order (or executive notice) to the territorial service of bailiffs for enforcement.

If the defendant is not employed, conceals the duty station, the location of the parents is not established, the benefit is calculated equally and the amount depends on the regional subsistence level.

The only way to obtain material assistance is through the bailiffs ' service, who can interact with it in person or through a public service portal.

It is important that maintenance be obtained from the former spouse to any parent whose children are dependent upon the divorce if he or she has lost his or her capacity to work.

Child support documents without divorce

It is not uncommon for a husband not to care at all for his children, to spend all his wages on his own needs, not to provide his wife with any material assistance, often leading to divorce, and the wife sues for alimony.

However, it is not necessary to wait for the dissolution of a marriage to take care of their children, but it is possible, and even necessary, to go to court at once. The review of the maintenance claim is an independent legal process that does not depend on the dissolution of the marriage, although they are often combined over time.

For what reason is it desirable to apply for maintenance without divorce, i.e. in advance? The divorce procedure may take a long time, and it may be possible for the husband to delay it and try to change the situation in his favour, while he may take care to reduce his official income.

Where do you go to get alimony without a divorce?

How do you apply for alimony without a divorce?

This will require an application to be filed with the court, which is considered by the justice of the peace at the place of residence of either the plaintiff or the defendant; in the event that the defendant fails to appear in court without a valid reason, the proceedings may be conducted without his or her participation.

In order to obtain maintenance without divorce, the following documents will have to be submitted to the court:

• 2 copies of the statement of claim;
• An extract from the home book indicating where the child is living;
• Marriage certificate;
• The birth certificate of the child.

Other documents may be required to obtain maintenance without divorce, depending on the different circumstances.

The standard maintenance rate is 25 per cent of the official salary per child and 30 per cent of the two children.

The judge shall decide on the amount of maintenance, taking into account the material means of both parties, the existence of children from another marriage, dependent relatives, and other circumstances.

It can both reduce and increase the amount of the payments and may also be awarded in a firm amount of money.

1. It would also be useful to provide detailed information on the spouse ' s income in order for the court to have a complete picture of his or her earnings.
2. In addition, you can apply for child support without divorce, and you can also apply for child support if you are pregnant, unable to work, raising a disabled minor child or a disabled child, regardless of age, group 1 disabled person.

In order to make a valid claim for maintenance from your spouse, you can contact a lawyer at the legal clinic, and he can represent you in court and help to obtain a maximum amount of payment.

If there is no money to go to a lawyer, you can use online legal advice.

With this modern method, you can get the information you need, you know your rights and duties, you can make the necessary documents yourself.

If, after a court decision, a spouse evades the payment of maintenance for his child, he may be held criminally liable; therefore, he will be interested in working and thus will be able to provide for the family even if you do not wish to divorce.

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Maintenance without divorce, or how to get alimony while married

Maintenance is a regular payment paid by the court or by agreement of the parties for the maintenance of relatives who are unable to work, and the beneficiaries of maintenance may be not only children, but also spouses, parents and other relatives; maintenance obligations are based on the statutory duty of the spouses under the Family Code to provide material support to each other and to support the children.

In which cases maintenance may be obtained while married

Support is usually provided when the husband does not take part in the material support of the family and children, which often leads to divorce and the establishment of maintenance payments by the court.

But...Under Russian law, the receipt of maintenance for children or spouse is not linked to divorce.This issue can also be resolved without the formal dissolution of the marriage, and there are two ways to define these payments:

• Voluntary (by agreement of the parties): The spouses, having reached an agreement, approach the notary to sign the agreement, the amount of the payment being determined in a firm amount or as a percentage of the income, depending on the two parties ' decision.
• Court proceedings are pending before the justice of the peace in the place of residence of one of the spouses (the plaintiff or the defendant); the application is submitted to the judge by the party concerned; the case may be heard by an order (simplified, without the appearance of the parties) or by a court of law.

In cases where alimony can be obtained without resorting to divorce:

• There is a possibility that the official divorce will be long; for example, the spouse will obstruct the procedure by delaying it, or will try to hide some of the property, reduce income, etc.
• The spouses did not want divorce for certain reasons, but did not live together, and there was no voluntary maintenance agreement.
• The wife claims maintenance during pregnancy or until the child reaches the age of three.
• In some cases, the wife applies for maintenance without divorce in order to reduce the amount of the other pay slips from the spouse ' s salary.

• Maintenance may be given not only to minor children and to the spouse, but also to disabled children who are unable to work (both husband and wife).

Maintenance in a common-law relationship

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Whether or not the parents ' marriage is officially registered, the children are guaranteed the same rights under the law, i.e. a child born in a common-law relationship may also be given alimony in the amount prescribed by law.

Only the procedure for the recognition of paternity is a condition for the acquisition of maintenance; if the child ' s registration, with the consent of the father, is recorded in the birth certificate, the fact of paternity is deemed to be certified by the civil registry authorities.

In the absence of a certified fatherhood, the mother of the child will have to prove that he is the father, and the court will rule on the basis of convincing arguments (and only one of them is the genetic test of the DNA).

The maintenance obligations of the spouse derive from their obligation to support each other financially, as set out in article 89 of the Family Code of our country: material support does not provide for the full maintenance of one spouse at the expense of the other, but only additional support if necessary.

Strangely enough, the gap in domestic family law does not give the father the right to claim maintenance from his wife if he remains alone with the child at birth and brings him up to the age of three, although in doing so the man certainly has some material difficulties.

Amount of maintenance per child provided that the child is married

Under article 81 of the Family Code, monthly alimony is recovered in the following amounts from the total income of the person liable:

What documents are needed to apply for child support after divorce, in marriage (without divorce) and out of wedlock - list, list of child support documents

The list of documents required to apply for alimony is standard; the list is slightly different depending on the circumstances.

For example, if the plaintiff's aim is to collect alimony for a minor child after a divorce from the defendant, the list of documents will be the same, and a completely different list will be required to process maintenance for a disabled child over 18 years of age.

In this article, we will look at the most typical situations in which maintenance is collected and provide a complete list of the documents needed to be filed in court.

Maintenance documents for a minor child

Where alimony is sought against a minor child, the list of documents differs depending on whether the marriage between his or her parents has been dissolved.

In order to sue for alimony on his own husband without divorce, if he is married, he will have to collect such documents:

• A claim for maintenance;
• A copy of the passport;
• Marriage certificate;
• The birth certificate of the child;
• A certificate from the housing authority confirming the child ' s place of residence (family composition certificate);
• Bank account data for maintenance payments;
• It's a bill of payment for the mistress.

If the documents are filed with the court after the divorce, a certificate of dissolution must be submitted in lieu of the marriage certificate, and a copy of the divorce order must be attached, as it indicates the child ' s place of residence.

If an application for maintenance is filed at the same time as a divorce claim, the following list must be used for the preparation of the package:

• Application for dissolution of marriage;
• A copy of the passport;
• Marriage certificate;
• The birth certificate of the child.
• Documentary proof of security of tenure (certificate of ownership, lease agreement);
• Documentation of material security (income statements, tax returns, reports);
• Bank account data for maintenance payments;
• It's a bill of payment for the mistress.

Outside marriage (if the marriage between the parents has not been registered)

If the parents weren't an official husband and wife, it doesn't mean that the child will be deprived of financial support.

The list of documents attached to the application is the same as in the above-mentioned cases; the difference is that the application will not have to be accompanied by a certificate of registration or dissolution of the marriage.At the same time, more attention should be paid to documenting paternity.

• If the child's birth certificate indicates the father, it is sufficient to recover maintenance from the father who evades the child's financial support.
• If the child's birth certificate does not include the father's data before bringing a claim for maintenance before the court, a claim for paternity must be filed. Read more about this in the article "How to make maintenance payments out of wedlock. "

Maintenance documents for an adult child who is not able to work

Maintenance payments may be required not only for children under the age of 18, but also for adult children who, for whatever reason, are unable to work and need assistance.

If this is the case, it is necessary to apply to the court for maintenance by preparing the following documents:

• A claim for maintenance;
• A copy of the plaintiff ' s passport;
• The birth certificate of the child (despite the fact that an adult child already has a passport, it is the birth certificate that must be submitted to the court because it confirms the child ' s relationship with the defendant);
• Documents confirming the child ' s inability to work (certificates, medical reports on disability of groups 1 or 2);
• proof of need (social benefits and other income certificates, cheques and expenditure receipts);
• Bank account data for maintenance payments;
• It's a receipt to pay for the government service.

How to apply for alimony after divorce: documents, application, questions

When a marriage is dissolved in which children are born or one of the spouses is unable to work, the question of the recovery of maintenance is almost always raised.

The ideal option would be to agree with almost the ex-husband and to draft a voluntary maintenance agreement, to provide for the order and amount of the monthly payment, to assure the notary and to proceed with its execution.

If, on the other hand, it is not possible to reach a consensus on the payment of funds for the maintenance of minor children or for a needy spouse, then one recourse is not made to the judicial authority, which will make a mandatory monthly payment compulsory.

If you don't know where to file the alimony application, how to get it right and what to attach, what to do with the court decision, the detailed action algorithm.

• children born or adopted in that marriage who have not attained the age of 18;
• Adult children who are declared unfit for work for health reasons or other reasons (disability group, face-to-face training, etc.),
• one of the spouses (or former spouses) if he is incapable of work and unable to support himself,
• One of the spouses who cares for a young child under the age of three (including a woman who is pregnant with a common child) is unable to earn a living on her own, in which case the applicant may claim maintenance for both the child and his maintenance.

Step 2: To determine which jurisdiction and territoriality court you should apply to

All applications for alimony are heard by the justices of the peace, but there are three cases in which you can only take a claim before a court of general jurisdiction (city, district or other entity of the Russian Federation):

• The defendant (the spouse who must pay alimony) categorically refuses to pay, conceals from the court his or her location, source and amount of income,
• The plaintiff wishes to collect the alimony from the defendant in express monetary terms,
• One of the spouses does not comply with the provisions of the earlier notarized voluntary maintenance agreement between them.

As far as territoriality is concerned, the applicant may file an application with the court, both at the defendant ' s place of residence and at the address of his residence, as he himself may be comfortable.

Step 3: Prepare documents

A positive decision on maintenance depends directly on which documents and in what form were made available to the court, all of which must be presented in original form with copies of the number of parties to the proceedings.

As a rule, in maintenance cases, three copies of one copy are required - the court, the plaintiff and the defendant - all certificates issued by any authority must be made available to the court only in the original.

Documents that can only be submitted in copies must be duly certified by the notary.

1. Statement of claim: It is written in two copies: one is delivered to the office of the court and registered there; the other is returned to the applicant with a receipt and registration mark.
2. The passport of the Seeker and copies of all its pages where any marks are available.
3. A divorce certificate (certificate from the civil registry office or a divorce order if the document has not yet been received) and, if the spouses have not been issued, proof of joint residence.
4. Marriage certificate (if the marriage has not been dissolved at the time of the suit).
5. The birth certificate of a common minor child (children) born during marriage; in the case of a common-law marriage, both parents must be mentioned in the metric.
6. The applicant ' s residence certificate on the family member.
7. If possible, the passport of the defendant (or his photocopy), a certificate from his place of work on the amount of his salary.
8. A receipt confirming payment of State duty.

This list can always be supplemented, depending on the particular situation and at the request of the applicant.

Step 4: It is correct to prepare a statement of claim

It's not a problem to find a model claim for maintenance, you can go to the court office or download it from the Internet.

In the most difficult situations where legal aid is not available, legal aid may be sought.

They're gonna be able to get the lawsuit right, and they're gonna get the documents, and they're gonna explain where to apply for alimony, not for free, of course.

The text of the claim should indicate:

• That the plaintiff and the defendant were lawful spouses (specify the date of the marriage and the dissolution of their union).
• Whether there are children born in wedlock (to write them FIO and date of birth).
• That the children are living with him, that he provides them with full financial support, and that the defendant does not provide them with any material assistance.
• Whether the defendant has children in other marriages and whether he pays alimony for them.
• If maintenance is sought to support a disabled spouse, the grounds on which he or she is entitled (disability, care of a small child, etc.) should be reflected.
• The summary part of the claim indicates the form and amount of maintenance that the claimant wishes to recover from the defendant.
• At the end of the application, the attached list of documents is attached, and the date and signature of the claimant is indicated.

Family law provides for one child to be recovered from the payer at a monthly rate of not more than 25 per cent of his or her income, two children at 33.3 per cent, three or more at a rate of 50 per cent, and the plaintiff may claim maintenance in a fixed (or firm) monetary amount when the amount is determined by the court on the basis of the plaintiff ' s arguments and the level of the defendant ' s income.

A claim for alimony may be filed even if the spouses have not signed it, only to confirm that they are living together, and the children ' s metrics must both be identified as parents.

Step 5: Trial

An action brought before a court shall not be considered for more than one month; if its form and the documents submitted meet all the requirements, the judge shall take it to court and set a hearing, which shall be notified to both parties.

The justice of the peace has the right to hear the suit without inviting the spouses to a court hearing and to rule on the payment of maintenance in absentia, which will be a court order.

The ordinary courts usually hear the case with the participation of the plaintiff and the defendant.

The judge shall examine all documents and evidence submitted to him or her, decide whether or not "hard" maintenance is possible, whether a voluntary agreement is valid or invalid, etc. The positive outcome of such cases is the issuance of an executive notice.

It is on the basis of one of these documents, the court order or the executive record, that alimony is subsequently recovered from the defendant, from the date and in the form and amount specified therein.

According to judicial practice, cases involving the recovery of maintenance are almost always dealt with positively because the obligation to provide material support for their minor children, disabled spouses or parents is clearly stated in the articles of the Family Code of the Russian Federation.

Step 6: Get Document in Hands

If the defendant has accepted the decision of the court and has not appealed against it, it shall become enforceable 10 days after the date of the decision; the judge shall send a copy of the court order or the executive record to each party and shall also submit one copy to the territorial section of the court bailiff ' s office; they shall be responsible for the recovery of maintenance from the payer.

The claimant will be re-insured and ensure that the bailiffs receive the document in a timely manner and institute execution proceedings, after which the alimony from the payer will be recovered.

The law does not prohibit the applicant from giving himself an executive notice or a court order to the bailiffs (this may be done without leaving the house, via the Internet) or at the payer ' s place of work, which will speed up the procedure for the payment of maintenance money from his salary.

Maintenances are in any case assigned, only the size of which will be linked to the region ' s subsistence minimum.

In such cases, where the payer does not have a permanent job or salary, it is better to apply to the court immediately for maintenance in a firm amount, rather than in a proportion to his salary.

How to apply for bailiffs online

It is now possible to apply for maintenance on the Internet, and the applicant must already have in his or her hands a positive decision (judicial order or executive notice) or a notarized voluntary maintenance agreement.

First, you need to register on the State Services website (https://www.gosuslugi.ru/). The following information should be inserted in the section entitled "Office of the Federal Service of the Marshals":

• Their FIOs
• respondent ' s data
• Territorial branch of the court execution service to be responsible for recovery (by place of residence of the defendant)
• Scanned (or photographed) copy of judicial decision or voluntary maintenance agreement

If you have done all your actions consistently and correctly, you will receive notification from the FSP (Judiciary Service) of the commencement of the recovery of maintenance after a period of time.

Step 7: Interaction with the bailiff

It is no secret that the staff of the SPF are busy, but also meet those who do not perform their duties in good faith.

Therefore, the applicant should personally meet the bailiff who will be in charge of his maintenance case and contact him periodically.

Any information on the change of residence or employment of the payer, his or her receipt of additional income, as communicated to the perpetrator by the court, will first help the applicant himself and increase the chances of receiving full maintenance payments.

Answering Popular Questions

Question:
We don't live with a civilian husband for almost two years. Can I file a post-mortem alimony? We have a common daughter, a civilian husband recorded on her birth certificate as a father.

Response:: Under article 107 of the Family Code of the Russian Federation, a person entitled to alimony may apply to a court for recovery at any time.

But one condition must be met: never before has he been sued or paid, either by a court order or by a voluntary agreement, and once a court decision has been rendered, you will be able to receive alimony for your daughter.

You can collect alimony from your husband in the past period (i.e. not living together), but there is a three-year statute of limitations.

In your case, two years have passed, for which you can also collect maintenance for your daughter.

Question:
My husband was divorced three years ago and immediately filed a suit for maintenance for our minor son.

At the time, my husband wasn't working anywhere, so I didn't take a court order to the bailiff's office, and there was no execution.

Now I know the ex-husband's got a good job, and I'd like to get him alimony for his son.

ResponseYou already have a court decision in your hands, so you don't have to go to court, and you have to take a court order and bring your husband to the service of bailiffs and work.

If the judgement is lost, it is necessary to apply to the court to which it was delivered and to obtain a duplicate.

If, however, the implementing document contains a handwritten statement that you have been paid in full in advance and you have no claim against the defendant, it is unlikely that you will be able to recover the alimony.

Question:
Can a husband apply for alimony?

Response: If the child has been left to live with the father after the divorce and is provided with full financial support and no financial support from the mother, it is possible.

The husband may recover alimony from the ex-wife and his maintenance if he is found to be incapable of work and in need of material assistance.

Child support documents without divorce

Almost one in three couples is divorced, because many people cannot live with each other all the time, taking care of each other and not having to deal with it.

But every parent must fulfil his or her obligations to educate and provide, and this is stated in the Family Code of the Russian Federation.

Legal aspects

Under article 63 of the Russian Family Code, every parent undertakes to take care of his or her child, regardless of divorce.That is, it must provide it with material support and support.

However, maintenance may be granted not only in the case of divorce, but also in a marriage union; the latter is normally only granted when one of the spouses does not live with the child and this can be proved.

Thus, a person living with a child may, by law, receive financial support from another spouse.

According to article 80 of the Family Code, a person living together with a child has the right to request the full amount of maintenance and the person who has left must pay the payment on time.

Article 107 of the same legal act allows the employer to apply at any time regardless of the right to receive financial support.

Appointment

The procedure for the recovery of funds from the second spouse is similar to that for divorce.That is, the spouses can decide for themselves how they will pay their fees, whether by a court of law or by a settlement agreement.

The latter does not entail additional financial costs and allows the spouses to agree peacefully on payment.

The peace agreement is a document under which the conditions are written, the official document is registered by a notary and has legal force, and the spouses decide on the amount of the payment and the form of the calculation.

The document also describes the period of payment and the type of transfer.If a person ceases to fulfil these obligations, the payer may apply to the court and the bailiffs may recover the missing amount.

Another way – the most common way – is through a court of law, a parent living with a child filing a lawsuit with a justice of the peace in his or her place of residence, which is a measure of last resort, which implies that a peace agreement cannot be concluded in pre-trial proceedings.

What documents are needed to support a child without divorce

Maintenance papers for a child without a divorce are proof of the grounds.The maintenance of a minor child is the responsibility of every parent, regardless of their marital status, which is enshrined in the legislation in force.

More often, payments are collected jointly or after divorce, and the father is most often not responsible for the child ' s care.

The processing of payments will require a claim that has been properly completed, as well as:

1. A copy of the passport data;
2. A copy of the minor ' s birth certificate;
3. A marriage or divorce certificate;
4. A certificate on the composition of the family;
5. All certificates confirming the defendant ' s income;
6. Documents supporting expenditure transactions;
7. Amount of penalty calculated in detail.

Right to receive and amount

Many citizens consider the procedure to be humiliating.Because both parents must provide for the child, but for some reason the other spouse does not.

The baby's maintenance requires a little bit of expense — toys, food, clothing, and it's almost impossible to handle all the financial costs by raising a child on your own.

A spouse with whom minors reside permanently has the right to receive payment.If the child lives with one parent, he or she is entitled to 25 per cent of the earnings of the second spouse regardless of the marriage union.

This is regulated by article 81 of the Family Code of the Russian Federation; in accordance with article 83 of the Family Code, the spouse may expect payment in a firm amount.

Hard money isn't a percentage of wages, it's a sum of financial support that the kid always gets.This method allows for payment even if the second parent does not have an official income.

Even if a parent falls in income, the same amount will make it possible to protect the minor child from falling in income.

Judgement

If people are not allowed to sign a peace agreement, they must go to court.One way to approach a court is to file a lawsuit or an application for a court order.

The claim may be in marriage and the claim may be in conjunction with the declaration of dissolution of the marriage.

If a person has not previously applied for payment, the child may apply at any time before the child reaches the age of majority; if the child is declared legally disabled, the parent may do so at any time.

Maintenance is granted on application to the court.If a payment is avoided, it can be recovered in the past three years.

If the person intends not to fulfil the obligation, but the agreement or order was in place, the penalty shall be incurred for the entire duration of the document ' s presence.

The court shall rule on the claim within five working days of the receipt of the application; the court shall hear the testimony of the spouses, take into account documents, and the witnesses shall not be called.

If a person disagrees with the decision, he or she may appeal within 10 days.This situation allows the order to be revoked while the appeal is being heard.

In marriage to a minor and a wife

The Family Code allows for payments not only to the minor, but also to the wife in a certain situation, but the obligation to pay to the wife and child is different, and the court considers the claims on different grounds.

If a woman wishes to receive a payment, she shall make this claim separately from the maintenance obligations of a minor.

The spouse is entitled to claim this security only if there are:

1. Pregnancy;
2. Incapacity to work;
3. Joint minors under 3 years of age;
4. A minor with a disability and in the care of the minor;
5. A minor with a childhood disability for the rest of his life.

Maintenance is paid on the basis of the calculation of the financial position of each party as well as of the legal acts in force.As a general rule, a firm monetary amount is set to be paid.

The application to the court shall take place in the place of residence of the defendant, and a claim must be filed in triplicate, together with a package of documents, and the claim must contain all the parties ' expenditure and income transactions and must be accompanied by supporting documents.

If there is no disputed situation, an application for an order may be made.

The court may refuse alimony or limit the time limit in connection with:

1. Incapacity derived from the use of alcohol or narcotic drugs;
2. Incapacity obtained in connection with an intentional offence;
3. The plaintiff behaved unworthyly in a family relationship.

All disability is confirmed by medical documents and other certificates.

Payments for two or more children

According to article 81 of the Family Code, every parent must pay maintenance in a certain amount.Depending on the number of children, payment is made, and usually the retention occurs at the defendant ' s place of employment.

The size will be:

1. One to 25 per cent of the defendant's earnings;
2. Two to 33 per cent of earnings;
3. Three or more is 50 per cent of the earnings.

A person pays for these obligations regardless of the number of unions where so many children have been born; the amount of the payment can be reduced if the defendant marries another woman who has children.

The spouse will also pay 50 per cent, but the share of the former falls to 16.7 per cent.

If the parent does not have a fixed income or receives money in currency, the court may award a firm sum of money.If the parent has an additional income, recovery may also be sought at the discretion of the court.

In calculating the necessary payment, the court is guided by the child ' s way of life and his or her current financial situation and health, and payments are made until the child reaches the age of 18.

The exception is an individual form of education; then the parent pays up to the age of 23 for maintenance; if one of the children has crossed the border and the other is also a minor, the mother may apply to the court to increase the amount of maintenance.

If they refuse to perform the duty voluntarily, the court appoints an executive case to assist in the performance of the duty.

The agreement then becomes a practical option for all parties, as the document does not take much time to make payments.

The right to payment arises not only from the mother, but also from the father if the court decides that the child remains in the care of the second parent.A person may be forced to pay both in marriage and after divorce.