When a divorce between parents often raises the question of child support payments. If this question cannot be resolved amicably, you can turn to the Magistrates Court with a claim for the recovery of alimony. The main thing in this matter is to correctly draw up a statement and collect all the necessary documents.
Who can apply
The right to file a claim for alimony is with the parents or guardians of the child, as well as with officials of institutions and government agencies that act in his interests.
If the document is submitted by one of the parents, then the most important condition in this case is that the child must live with the claimant.
And it does not matter whether the parents are divorced or continue to live together, if one of the family members does not fulfill their obligations (maintenance of the child), this is the basis for filing an application to the court for the recovery of funds.
When a child lives with his relatives, they can also file a lawsuit against his parents, but only after they have custody or guardianship, because only the official guardian has the right to defend the rights of the child in court and to represent his interests in other bodies and instances.
Writing tips
Today, the rules for drafting claims are governed by article 131 of the Code of Civil Procedure of the Russian Federation. If the document does not comply with these norms, your application may be returned or it will not be moved. Because it is so important to understand what exactly should be in the lawsuit:
the name of the court where the document is eaten;- Full name, address, place of work, contacts of the claimant and the respondent;
- data on children - full name, date of birth, residential address;
- document's name;
- the narrative, where you need to tell that the mother, father or guardian refuses to fulfill the obligation to maintain the child;
- evidence of the events described;
- references to the norms of GP and SP;
- claims for recovery of funds - it is better to indicate either the desired monthly amount, or the percentage of the defendant’s wages, the regularity of payments, the date, etc .;
- the date and signature of the plaintiff.
the name of the court where the document is eaten;What documents to attach
It is impossible to file a claim without attaching to it a number of documents that will confirm the claimant’s claims and the circumstances described in the application. These include:
- the claimant's passport;
- marriage or divorce certificate;
- documents for the child (birth certificate), and they must be indicated parents. If the father is not indicated in the certificate, then before filing a lawsuit, it is necessary to confirm his paternity;
- if the trustee or guardian submits an application to the court, the relevant documents are attached;
- information about the composition of the family, which can be taken in the housing authority at the place of residence of the child - this document will confirm his joint residence with one of the parents;
- documents confirming the defendant’s income, however, it is not always possible to obtain this document - the defendants often, not wanting to pay child support, hide the place of work or official earnings.
When submitting an application, all documents are submitted in the form of copies, but the originals are brought to the court hearing. It is very important to submit as many copies as there are parties involved in the process (usually these are three documents - to the claimant, the defendant, the court).
Where and how to apply
As noted in Article 29 of the Code of Civil Procedure of the Russian Federation, the claimant is granted the right to choose any court, either at the place of his residence or at the place of residence of the defendant. However, given that the child must live with the defendant, it is more convenient to file a lawsuit at the place of residence. But at the place of residence of the defendant, it is also beneficial to submit - in this case, enforcement documents will be transferred from the court more quickly.
You can file a claim in the following ways:
- personally. To do this, you need to come to the World Court, register the documents and get a copy, on which there must be a mark about the acceptance of the claim;
- by mail. In this case, you need to send a registered letter, where, in addition to the claim itself, the attachments to it, there must also be an inventory of attached documents. You must also receive a notice of service, which will be proof of the delivery of the claim to the court.
If the court accepts the statement, then the plaintiff will receive a notice of the date of the trial, place, time. Usually such claims are considered by the World Court within 30 days from the moment the claim is filed.
Sample application for child support
To write your own lawsuit, use our sample:
Justice of the Peace
No. 12 in the city of Moscow Olyunina V.V.
Plaintiff: Karavaeva Irina Vladimirovna, 09/23/1980 year of birth,
native of Moscow, residing at the address: 120789, Moscow,
st. Pushkinskaya, 7, ap. 453.
Place of work: LLC Arcadia, 119678, Moscow, ul. Novoorlovskaya, d.9.
mob telephone - 8 (926) 0467834.
Defendant: Karavaev Sergey Viktorovich, born on 18.03.1970,
native of Moscow, residing at: 120546, Moscow,
st. Lomonosova, d. 15, apt. 777.
Place of work: LLC "Shop" Arlekino ",
Moscow, st. Novoorlovskaya, 9. House. Telephone - 8 (499) 6008123,
mob Telephone - 8 (926) 5557761
The statement of claim for the recovery of child support
I, Karavaeva I.V., and Karavaev Sergey Viktorovich got married on February 3, 1996, and lived together until April 15, 2015. We have a common minor child Karavaev Anton Sergeevich on April 10, 1999, from marriage.
The child lives with me, I take all the material expenses: the respondent does not pay child support. Also, the defendant has no children from other marriages, no deductions for executive documents. According to the articles of the RF IC (80, 81) and the Civil Code of the RF (131, 132), please:
To recover from the defendant in my favor alimony for the maintenance of Karavaev Anton Sergeevich in the amount of 25% of all the defendant's incomes monthly from the date of filing the claim until the child reaches 18 years of age.
List of attached documents:
- the claimant's passport;
- statement of claim;
- certificate of divorce;
- birth certificate of the child;
- certificate from the housing authorities about the child’s residence with the claimant;
- reference 2-NDFL with the defendant and the plaintiff.
Date of application: "01" May 2016 Signature of the plaintiff.
Download the claim form for child support 2018
However, it is worth remembering that the defendant has the right to protest your claim or even file a counter with a reduction in alimony, for example, if he brings up a second minor child, because such a trial can be quite lengthy.
