Unfortunately, life can present not only pleasant surprises. Yesterday you were an exemplary family, and today you are enemies. In a fit of emotion, former spouses are often not able to soundly decide on the subsequent maintenance of the child. In the article we will consider all the ways and subtleties of how to apply for alimony.
Alimony recovery amount
Legislation established that child support is a cash payment that is usually made by one of the parents. This benefit is paid until the child reaches the age of majority. Alimony can be exacted in two ways:
- in a specific monetary amount (applied in the case when the parent does not have regular earnings);
- payment as a percentage of the income of the father (mother) - this method is usually awarded when the parent has a fixed income.
Where and how to apply for child support?
It is also possible to recover content from a spouse for a child in different ways. The most acceptable for both parties, but at the same time not the most common way, is an agreement. If the parent agrees to pay child support voluntarily, then you should conclude an agreement on this and notarize. Naturally, such an agreement should establish the amount of payments not lower than that established by law. If one of the spouses wishes to make any changes to the contract, then this action also needs to be carried out only through a notary's office. To break this agreement is possible only through the court.
Alas, a very small percentage of parents agree. The rest has no choice but to file for child support through the courts. In this case, the spouse who lives with the child has the right to appeal to the court.
Required documents
In order to file a lawsuit in court with a request for payment of maintenance, you need to prepare a certain package of documents. In particular, before applying for child support, you should have in your hands:
- marriage certificate (its copy);
- your passport and preferably the passport of the defendant (copies);
- certificate of divorce (copy);
- birth certificate of your common child (copy);
- a statement of income and place of stay of the defendant;
- receipt of payment of costs prescribed by law.
Can I apply for child support if you are married or married?
The procedure for applying for alimony when the spouse is divorced is more or less known to many. But what if you are still in formal or informal relationships?
In moral terms, of course, it seems strange when one of the parents requires support for the child, being married. But this is permitted by law, and there is no fundamental difference for the courts to decide whether the parties are married or not. The main thing for them is to establish the fact that the parent does not provide financial support to the child.
Even more interesting is the issue of the payment of alimony when the parents did not formalize their relationship. What are the chances of recovering child support if you are in a civil marriage and filed for child support? What if the father of the child is written according to the mother? In this case, you need to start not with the requirement to pay child support, but with the establishment of paternity in the courts. Only after establishing a family relationship between the defendant and your child can we talk about collecting financial assistance.
Be that as it may, we wish you never to face the problems of collecting child support, and to all your children - the constant support and attention of both parents!