Both parents are required to raise and support their minor children, but life circumstances sometimes add up so that families break up. In this case, one of the parents, the one who takes responsibility for the children for himself, can file an alimony in court or sign a payment agreement with the defendant. In different life situations, the procedure for filing a lawsuit in court is different and requires the collection of a certain package of documents. It is worth considering in detail what documents are needed to apply for child support, depending on the situation.
What documents are needed if the parents are married
It happens that parents are not yet divorced, but do not live together or simply do not lead a joint life. In this case, you can recover child support without a divorce. Documents to be provided:
- passport;
- application to court;
- birth certificates of children or their passports;
- certificate of family composition;
- receipt of payment of state duty;
- bank statement with account number;
- Marriage certificate.
With this package of documents you need to contact the magistrate at the place of registration of the defendant. In this case, the court will take the side of the plaintiff and oblige the defendant to participate directly in the maintenance of the children.
If there is no marriage certificate, you can take a second one at the registry office, this is not a reason to refuse payments. Just as in the case where the spouses live together, because this fact will be indicated in the certificate of family composition, it is enough to involve witnesses in the trial. Here it is very important not only to consider what documents are needed for alimony, but also to confirm that the spouses no longer conduct joint farming.
After divorce
If the divorce is already executed, then instead of a marriage certificate, you must provide a court decision or a document confirming this fact. In the first version, the court determined the place of residence of the child, respectively, a certificate of family composition is no longer needed.
It does not matter when the divorce occurred - the parent can collect child support when it sees fit. In some special cases, you first need to find out what documents you need to collect for child support . Because, for example, if a woman does not work for the reason that the child is under three years old, then the husband is obliged to support not only his offspring, but also his ex-spouse.
The deduction of payments does not begin when the trial takes place, but from the moment the application is submitted. In some cases, the court may recover alimony retroactively, but more on that later.
Alimony and divorce at the same time
A fairly common situation, when a divorce and alimony are processed simultaneously. What documents are needed for child support in this case:
- statement of claim;
- passport;
- marriage and child birth certificates;
- document confirming the right to housing;
- income statement;
- payment of state duty ;
- bank statement confirming the account number.
Thus, in the courtroom, the spouses can dissolve the marriage, determine the child’s place of residence and find out the amount and procedure for the payment of alimony appointed by the court.
If the child is over 18 years old
Even adult children need financial support sometimes. If after 18 years the child cannot provide for himself on the basis of disability or his income does not reach the subsistence level, then alimony should be paid, but only if they are recovered in court.
What documents are needed to apply for child support to the court after the child has reached the age of majority:
- the plaintiff’s passport (if the child is competent, he can file a claim on his own);
- birth certificate of a child;
- statement;
- confirmation of the child's disability;
- certificates of income of the child, benefits, pensions;
- state duty.
Now it’s worth explaining: despite the fact that a citizen is already 18 years old and he has a passport, you need to provide a birth certificate to the court , because it contains the paternity of the defendant. If a child is studying at a university and needs money to study, then the lawsuit will be denied, because he can go to work and provide for himself.
If the child is disabled in the first or second group, it is necessary to clarify which documents for the submission of alimony to prepare as confirmation of this fact, for example, a medical certificate. If the child and his mother work, but their total income does not reach the subsistence level, this may also be the basis for continuing payments.
Alimony for the past period
The mother of the child, who is raising him alone, retains the right to recover child support for the past period. This is the case if the spouses did not live together and she did not receive payments for a certain time. But according to the law, alimony can be collected only in the last three years.
What documents do I need to file for alimony backdating? All the same as in previous cases, but you just need to provide all the evidence, letters, records of telephone conversations, testimonies of relatives that over the past three years, the father did not help the children or evaded his obligations, for example, did not get in touch with his ex-wife.
All documents should be prepared for submission to alimony and filed a lawsuit, then the defendant will pay the debt for the last three years and current payments. And the bailiff will control good faith execution, respectively, if the debtor does not fulfill its obligations, it will be held liable.
Mutual agreement
Spouses can disperse peacefully and agree mutually on the maintenance of common children. But this fact needs to be legalized so that mutual claims do not arise. What documents are needed for child support in this case:
- passports of parents;
- birth certificates of children;
- salary certificate for the previous 3 months.
But you should not turn to the court, but to a notary public so that he assures the mutual agreement. Here, as an alimony, the transfer of property in favor of your child, for example, an apartment, can be registered, then a certificate of ownership of the property should be provided.
Procedure for going to court
So, in the magistrate's court at the place of residence of the defendant you can file for alimony. What documents are needed is described earlier. In some cases, you can contact the justice of the peace on your own site if the father lives in another area and it is difficult for the mother to travel with a small child.
Next, you need to make a statement correctly, finding a sample is not a problem. The main thing is to clearly state all the requirements. If the case is non-standard, then, in addition to the main list, you need to think about what documents are needed to file for alimony, so that the claim is correctly drawn up. Additional certificates or documents, facts and evidence, witnesses may be needed.
The statement should also indicate what size of payments the defendant undertakes to give and in what order. For example, a percentage of salary or a fixed amount if the former spouse does not work officially or is an individual entrepreneur.
Re-appeal
If the defendant, after the court ordered him to pay child support, evades his duty, then measures can and should be taken. First you need to contact the bailiff service with a court decision on divorce. And he must deal with the collection on his own, that is, seize his property and bank accounts. If the debt is more than 6 months and he does not work anywhere and does not own property, then a criminal case can be brought against him.
If he works and has property, then you can go to court again to recover the main debt and interest from him. Documents for alimony remain the same. But it’s still important to confirm that no payments were made, witness testimonies of relatives, bank statements are suitable for this.
Conclusion
Despite the fact that the legislation is the same throughout the territory of our country, it should be further clarified what documents are needed to apply for child support in a particular case. The situations in each family are different, there are many nuances for each individual, so a consultation with a lawyer will not be an unnecessary event.