In our article, samples of claims for alimony will be presented to the attention of readers. We will figure out what kind of monetary penalties in question, for what reasons it is possible to sue for the purpose of payments, where and in what order to apply to implement ideas.
The fact is that the established Russian legislation will help to understand this issue. Lawyers and the judiciary are often faced with maintenance obligations. And they can explain how to file a statement of claim of a standard form in a particular case. So what should the population know about the question posed? And what do the claims for child support look like? All this will be described later.
Alimony is ...
First of all, you need to realize what kind of payment is involved. Understanding will help to understand under what circumstances you can go to court. Alimony is material wealth that is given out by one person for the maintenance of another. As practice shows, this term is applied to relatives.
Alimony may be assigned:
- married to a disabled spouse;
- on children in marriage;
- on a wife and minor children in an officially registered relationship;
- on parents (disabled);
- the maintenance of minor common children upon termination of the relationship.
Modern lawyers point out that recently very often mothers file child support payments for children and for themselves in marriage. A able-bodied husband refuses to support a wife caring for a common child. And this is the reason for applying to the court.
Where to go
The next question, which many are interested in, is where to go to assign payments. You can draw up a settlement agreement with a lawyer. But it, as practice shows, does not give any guarantees to the vulnerable side of the recipient. Therefore, any free lawyer or person with a legal education will advise you to contact the court immediately.
In Russia, there are many diverse judicial bodies. Which are suitable for dealing with child support issues? The applicant citizen must forward his application to the magistrate court at his place of residence. Better - at the registration of the defendant. Accordingly, only a justice of the peace considers child support disputes. The child support court in these bodies is a common process.
What else do you need to know about assignment of maintenance payments? And how to file a claim in a particular case?
Expression of alimony
The fact is that child support is, as already mentioned, material wealth. They can be expressed not only in money. And every citizen should know about this. Usually, alimony means monthly payments in one way or another. But it is possible to express alimony in the form of:
- one-time or just multiple large payments;
- property;
- real estate transferred to the recipient;
- other material goods that will be given to the recipient.
Family law lawyer advice quite often indicates that people are more interested in money as well as real estate. If we are talking about payments for a minor, then parents often rewrite apartments and other property for a common child. Such a step removes maintenance obligations. But most often all the same, the plaintiff requires precisely monthly payments in one way or another.
Child Support Size
Cash benefits for maintenance can be assigned in several ways. The first is a fixed sum of money. Regardless of the payer's income, he will have to transfer the monthly set amount of money within the agreed time. In practice, this approach occurs when the payer does not have official employment or a permanent source of profit.
Most often, child support is assigned as a percentage of wages. The size depends on the number of recipients. If a citizen has thought about how to file child support as a percentage of earnings, he should understand that there are restrictions on payments. The amount payable cannot be:
- less than 25% in the presence of 1 child;
- less than 33% if there are two children (16.5% each);
- less than 50% when there are more than 2 minor children.
In some situations, interest payments may increase or decrease under certain circumstances. Is it possible to somehow not pay these funds?
Can I not pay child support?
What do knowledgeable people think about this? A free lawyer, as well as giving paid consultations, will surely say that a citizen who has been sued will not be able to avoid paying alimony. Indeed, the responsibility for the content is not removed in Russia by law.
Some people think that a lack of work is a good reason to evade duties. Not at all. Then alimony is prescribed in a solid amount. They will be exacted even from benefits. The claim for child support for a child or other family member will still be satisfied. Maybe not in full, but you need to pay.
But you can reduce the amount of alimony. Such, as lawyers say, is possible in the following cases:
- after payments from a citizen, the financial situation sharply worsens (in practice it is rare);
- at the birth of the next child;
- if the payer is disabled.
There are no more legal ways to reduce assigned payments. Dodgers will be deprived of a driver’s license and the ability to travel outside the country. In any case, you will have to pay child support.
Procedure for going to court
A sample statement of claim to the court for alimony will be presented a little later. First of all, you need to understand how to apply to the judicial authority with a lawsuit of the established form. Indeed, without this, it will not be possible to recover alimony from a citizen in one way or another.
Fortunately, the order of treatment is extremely simple. It is necessary to adhere to the following algorithm of actions:
- Following the established rules, write a lawsuit. About how to correctly prepare a statement of claim will be described later.
- Gather a list of documents necessary to satisfy the appeal to the judicial authority.
- Submit a statement of claim with a set of papers of a standard form to the magistrates court (appeal is considered within 5 business days).
- At the appointed time, the parties meet at the hearing to study the case materials and make a final court decision.
Nothing more is needed. After receiving the court decision, it will be possible to officially collect alimony from the citizen according to the established rules. As a rule, a claim is not subject to appeal. It has already been said - under certain circumstances, you can file a counter application to reduce payments. But no more than that.
Spelling rules
And how to make a lawsuit? What rules must be used in order for the application to be written correctly? In fact, everything is very simple. How to apply for child support? And for disabled parents? Regardless of the nature of the claim, it is required:
- In the upper right corner of the page write data about the court, which the citizen applies to. They also indicate information about the plaintiff and the defendant, as well as contacts for communication with them.
- In the center of the sheet they write: "A statement of claim for child support ....". In place of the ellipsis - for whom in a particular case payments will be made.
- Next is the main part. It is required to state the essence of the appeal, the terms of payments and other circumstances that may affect the course of the case.
- If there are witnesses or evidence of certain actions - it is listed after the main part of the statement of claim.
- The appeal ends with affixing the date of filing the claim and the signature of the applicant (it is also desirable to put its transcript).
As you can see, in fact, everything is much simpler than it seems. A similar scheme compiles many statements, not just suits.
About Documents
How to apply for child support? Anyway, on child support? It has already been said that for this it is necessary to collect certain documents. Which specifically? It all depends on the situation. But most often they require:
- applicant's identity card;
- a claim with detailed requirements;
- documents of kinship with the payer (marriage / divorce / birth certificate);
- income statements (for disabled parents);
- account details and extracts from it;
- any documents that may affect the case.
Next will be presented samples of claims for alimony.
On parents
To begin with, a parental support claim template. Not so often, but similar statements are found. You can be guided by a similar scheme of actions:
“I, Ivanov Ivan Ivanovich, (passport details), father of Ivanov Mikhail Ivanovich, (information about the child), I ask for child support to support me and my disabled wife, Ivanova Marina Dmitrievna, (information about the citizen). Our common son refuses to support us "At the moment, my wife and I are disabled pensioners, disabled people of group 3. Both of us do not work, we receive pensions. Please assign monthly payments of 10,000 rubles. Income statements are attached to this statement."
Per child
Samples of claims for alimony may vary. The fact is that most often there are claims for recovery of children. For example, they look like this:
“I ask you to recover from my ex-husband, Kemerov Kirill Petrovich, (passport data if possible) for the maintenance of our common child, Kemerov Makar Kirillovich, (data about the baby) in the amount of 25% of the monthly earnings. At the moment, we are divorced from the child’s father "He regularly comes to the child, but evades voluntary payment of alimony. Evidence is attached to this statement. We can confirm regular visits with my common friend, neighbor, Marina Ivanovna, living at (address and contacts)" .
Married
Sometimes, as already mentioned, it is necessary to file for alimony and in marriage. Then you can be guided by the following example:
“I ask you to collect alimony from my husband, Ivanov Ivan Ivanovich, for the maintenance of me, my official wife, Ivanova Ivanovna, and our common minor child, Ivanova Maria Ivanovna, in the amount of monthly payments of 15,000 rubles. In connection with the birth of a child, I am in a state of disability and take care of the baby. The only source of income is my husband, the father of the child. He refuses to support us, taking advantage of my situation. Evidence of the refusals and income of the husband is attached to this lawsuit. "
This is exactly what the model of the statement of claim to the court for child support looks like. There is nothing difficult in compiling it.