How to apply for alimony sample. Sample letter of claim for recovery of alimony. Alimony and their types

Hello!
A claim for the recovery of alimony is filed with a magistrate at the place of residence of the defendant or at the place of residence of the plaintiff.

If the place of residence of the defendant is unknown, then the claim must be filed at the last known place of residence of the defendant.
There is no fee to file a claim for child support.

To the magistrate's court __________

Claimant:__________________________________

(full name, address)

___________

(full name, address)

STATEMENT OF CLAIM

Date____ I entered into (a) marriage as the defendant (tsey) (full name of the spouse (s) and lived (s) with him (her) together (indicate the month, year until which they lived together: if the marriage has already been dissolved, then indicate the date of dissolution). From the marriage we have (have) a child (children) (indicate the name, date, month, year of his (their) birth). ) does not provide material assistance for his maintenance (al, ala). The defendant (ca) does not have another child (children), no deductions are made from him (her) under executive documents. (The defendant (ca) does not provide alimony for the maintenance of other minor children pays. (If the spouse has other children and, according to executive documents, alimony for their maintenance is withheld from him, the full name, place of residence of the 3rd person (the person in whose favor the alimony for the maintenance of children is paid

Based on the aforesaid and guided by Article. Articles 80, 81 of the Family Code of the Russian Federation

PLEASE COURT:

Collect from (indicate full name, date and place of birth, place of residence and address of residence, place of work, position) in my favor alimony for (indicate the name and date of birth of each child) in the amount of _______ part of all types of earnings monthly, starting from (the date of application is indicated) and until his (their) majority.

Application:

Copies of the statement of claim for the defendant (and for third parties, if any).
.
.
Certificate from the place of residence (that the child is dependent on the plaintiff).
Certificate from the place of work of the defendant (on salary and deductions made on executive documents in favor of other persons).
date

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A statement of claim for the recovery of alimony is submitted to the justice of the peace. The claim can be filed at your place of residence or at the place of residence of the defendant. The plaintiff is exempt from paying the state duty.

The child support claim must be accompanied by a birth certificate of the child(ren) that confirms that the defendant is the parent. You also need to attach a certificate of family composition, which confirms that the child lives with the plaintiff and is on his maintenance (dependency).

If the parents were married, the application must be accompanied by a certificate of its conclusion (of dissolution, if the marriage is dissolved). If the parents were not married, this document is not required.

(full name, address)
_
(full name, address)

(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)

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Olga Igorevna

Hello, as an addition, I will explain. A statement of claim for the recovery of alimony is filed at the site of the magistrate both at the place of residence of the defendant and at the place of your residence. (Optional). At the same time, you, the applicant, are exempt from paying the state fee. The statement of claim must contain the following information: 1) the name and address of the court district to which the statement of claim is sent 2) the full name of the plaintiff, address of registration, address of residence, telephone 3) full name of the applicant, address of registration, address of residence, telephone 4) Information about circumstances (whether you are married, etc.) 5) Law references (Family Code) 6) Requirements
All the best.

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(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

ASK:

Application:
1. Copy of the statement of claim.

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Justice of the Peace Court District
No. _____ by city ______
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
The price of the claim _____________________
(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full name of children, date of birth). The child (children) live with me, I fully support them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, no deductions are made from him under executive documents.

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) to the age of majority of children.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)
Help from the housing authorities on the residence of the child with the plaintiff
Date of application "___" __________ ____ Signature of the claimant _______

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The application must be written in writing in accordance with the requirements of Article No. 131-132 of the Civil Procedure Code of the Russian Federation. In any court, there is a form for the correct execution of a statement of claim. If you find it difficult to write a statement on your own, you can always contact a professional lawyer for help. 2 In the statement of claim, you must indicate the name of the court in which you are filing an application. Indicate the city or district where the court is located.
Last name, first name, patronymic of the plaintiff, that is, you. Your registration address. 3 Last name, first name and patronymic of the defendant, that is, the person for whom you are filing for alimony. His address of registration and address of actual residence. 4Next, write a statement of claim for the recovery of alimony for a child or children and indicate the number of children. 5 Describe when you got married to the respondent citizen, until what day of the month and year you lived together. When the marriage is dissolved, you must specify the day, month and year. If the marriage is not dissolved, but you do not live together, then indicate from what date of the month and year the joint household is not conducted. If the marriage is not dissolved and cohabitation, indicate that you live together. 6 Indicate that there are children from a joint marriage, and how many. Write the name of each child, day, month and year of birth of each child.
Write that the children are dependent on you and that the defendant does not provide financial assistance for the maintenance of children.
Does the defendant have other children besides yours, and whether deductions are made from him on writ of execution in favor of other children. 7 Next, you need to write: In accordance with Article No. 80, No. 81 of the Family Code of the Russian Federation, I ask you to recover from (indicate the last name, middle name and address of the defendant, a native of which region or city). In my favor, alimony for (indicate the names of the children and the date of birth of each child). In the amount of all types of earnings monthly, starting from the date of application and until the age of majority of children. 8Submit documents and the defendant is awarded the payment of alimony from the date of filing the statement of claim. The amount of alimony will depend on whether the defendant still has minor children.

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STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

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Justice of the Peace Court District
No. ____ by city _______________
Claimant: ________________________
(full name, address)
Respondent: ______________________
(full name, address)

STATEMENT OF CLAIM
to reduce child support

Based on the decision of the justice of the peace of the court district N____ dated "___" _________ ___ N____, in favor of the defendant (ka), alimony is collected from me for the (minor (them)) child (children) _________ (full name, date of birth of the child (children) in the amount _______ (indicate shares or amount of hard money) wages.

Since the decision N ____, circumstances have changed, namely: _________ (indicate the circumstances affecting the reduction in the amount of alimony).

Based on the foregoing, guided by Article 119 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Reduce the amount of alimony collected from me in favor of the defendant (ka) by decision of the justice of the peace of the court district N ____ from "___" _________ ____ N ____ for the maintenance of the child (children) _________ (full name, date of birth of the child (children) to _______ share wages monthly.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
Document confirming the payment of the state fee
A copy of the decision of the justice of the peace N ____ dated "___" _________ ____
Plaintiff's salary statement
Evidence supporting the grounds for reducing child support
Date of application "___" _________ ____ d. Petitioner's signature _______

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STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

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Application for recovery of child support (sample)

In ___________________ district
(city) court of ___________

PLAINIT: _______________________
(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

"__" _________ 20__ I got married to _____________________________ (full name and address of husband / wife) and lived with her (him) __________________________________ (month, year until which they lived together; and if the marriage is dissolved, then the date of dissolution).

From marriage we have (are) a child (children) _____________________ (name, date, month, year of birth)
The child (children) is (are) dependent on me, the spouse (a) does not provide material assistance for his maintenance (al, ala).

The spouse (a) does not have another child (children), no deductions are made from him (her) under executive documents.

In accordance with Article.Article. 80, 81 of the Family Code of the Russian Federation,

ASK:

Collect from _________________________________ (full name and address of residence, work of husband / wife) __________________ year of birth, native (s) _______________________ (city, region) in my favor alimony for ______________________________ (name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (“__” __________201__) until his (their) majority.

Application:
1. Copy of the statement of claim.
2. A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4. Certificate from the place of work of the person obliged to pay alimony, about the amount of salary and deductions.
5. Certificate from the housing authorities on the fact that the child (children) is dependent on the applicant.

"___"__________ ____ G. ______________

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If a parent who evades his obligation to financially support a child does not want to resolve the issue of paying funds for a minor peacefully, then alimony can be collected from him by force - with the help of an appropriate statement of claim - can be lower.

It is possible to collect alimony from the father or mother of the child in court only if it is observed: the parents did not conclude a maintenance agreement, paternity is documented, etc.

How to apply for child support?

Of course, it is always preferable that parents can agree on one's own in relation to child support payments by signing, having legal force.

Unfortunately, not always parents, having common minor children, can peacefully resolve the issue of their maintenance by paying alimony (being married, divorced or for an illegitimate child - that is, born without marriage). Then the second parent, who is dependent on the child, in order to exercise his right to receive alimony, will need to file a corresponding application with the Magistrate's Court. At the same time, forcibly collect child support through the court can be done in two ways:

According to Art. 23 Code of Civil Procedure of the Russian Federation, issues of alimony appointments are dealt with world courts. It is important to note that the state duty (the state duty, the amount of which in 2019 in the general case is 150 rub., and if a decision is made to collect alimony at the same time for the maintenance of both children and the applicant - 300 rub.) for this category of cases taxed by the defendant(clause 2 of part 1 of article 333.36 of the Tax Code of the Russian Federation).

Sample application for child support

A sample statement of claim for the recovery of child support in 2019 is given below:

The number of copies of the statement of claim itself and documents to it must correspond to the number of persons participating in the case (usually required 3 copies). However, in order for the application for alimony to be accepted by the court for consideration, the plaintiff must comply with the basic requirements of Art. 131 Code of Civil Procedure of the Russian Federation regarding its procedural form and content:

Create a claim header:
- the name of the magistrate's court, indicating the address of its location;
- the initials of the plaintiff in the nominative case with the address of residence and a valid contact phone number;
- the defendant's initials in the nominative case with the address of residence and a valid contact phone number;
- initials of the 3rd person in the nominative case with contact and address details, if one will participate in the case.
Write the content of the claim:
- describe the family ties of alimony legal relations (for example, the plaintiff - mother, the defendant - father, in favor of a common son, daughter or several children);
- display the approximate monthly cost of money for a child (tuition fee, food basket, clothes, medical expenses, etc.);
- point out the facts of the parent's avoidance of participation in the maintenance of the common child.
Submit a claim:
- appointment of alimony in favor of the child from the defendant;
- determination of the procedure for collecting funds - a share of income, a fixed amount of money, and so on;
- justification of the chosen order and amount - if a fixed payment is chosen.
Attach supporting documents to the application:
- passports of the plaintiff and defendant;
- birth certificate of the child (even when reaching the age of 14);
- certificates from the place of work of the plaintiff and the defendant;
- characteristics from the place of work of the plaintiff and the defendant;
- certificate of family composition (from housing department);
- certificate from the place of study of the child;
- certificates of visiting circles and sections;
- copies of sales receipts or a printout of bank card expenses showing the plaintiff's expenses for the minor;
- written testimonies of witnesses (teachers, neighbors, relatives) who do not have the opportunity to testify orally in a court session.

If the plaintiff does not have the opportunity to submit to the court separate documents that are significant for making a decision in the case of recovery of alimony, in accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, he can petition the court in writing or orally to demand them.

When can I go to court to apply for child support?

Main conditions compulsory collection of alimony through the court are:

the presence of documented parental status in relation to the child (written in his birth certificate, or in a court decision on adoption or paternity);
the absence of a voluntary agreement between the parents on the appointment of alimony (see);
facts of father's or mother's avoidance of participation in the maintenance of the son, daughter.

And it can be submitted regardless:

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Marriage status:
The fact of joint or separate residence(even if the deviant parent lives with the family, being divorced from his wife or without dissolution of the marriage, if it can be confirmed that he does not contribute materially to the maintenance of the child).
The social status of the payer:
- alimony evader.
Child's age:

The maintenance of the child is the main obligation of the parents, on the basis of this, both men and women can be charged if they stay with their father. Also, the guardians of minors whose biological parents are deprived of rights in relation to them are entitled to claim alimony. In addition, specialized institutions in which children are kept are recipients of payments for them from their parents.

Deprivation does not mean exemption from the obligation to pay, it only applies to the possibility of exercising rights. The collection of alimony does not depend on whether the marriage was registered between the parents. The main proof of the relationship between the child and the payer is an entry in the birth certificate (on establishing paternity).

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Collection of alimony payments by force is allowed only on the basis of a judicial act. Based on this, an application for recovery is submitted to the judicial authority. This may be a magistrate if an application for a court order is drawn up.

If it is necessary to establish other facts, for example, paternity, in the course of collecting payments for alimony, the proceedings will already take place in a lawsuit in the district court.

General requirements

Jurisdiction in alimony cases is alternative, that is, an application is submitted either at the place of residence of the father or the mother with children (at the choice of the claimant). If it is impossible to establish the place of residence of the debtor, the recoverer applies to the court at his last known place of residence, or at the place where his property is located. The rules for filing applications with the court are established by the civil procedural legislation.

The application must indicate:

the name of the court where the filing is made;
full personal data of the applicant and the defendant;
subject and grounds for the claim: information about the registration (dissolution) of marriage, on what the defendant's relationship with children is based, personal data of children, grounds for going to court, i.e. refusal to pay the defendant voluntarily;
if in the application the claimant asks to withhold alimony in a certain fixed amount, then it is necessary to justify what it consists of (costs for the child);
in the pleading part of the claim (after the words “I ask the court”), formulate the main requirements: from whom and in favor of whom and for whose maintenance to make penalties, the period of payments (until the children come of age), the amount of payments (a fixed amount or a percentage of earnings);
at the end, an application is drawn up listing copies of the attached documents, signed and dated.

A sample application for recovery can always be found on the official website of the court on the Internet or in the court building at the information stand. It should be noted that there is no difference between filing an application for alimony in marriage or with the dissolution of the latter.

You can submit two applications with different requirements separately, or one containing two requirements: the recovery of maintenance money and divorce. It is better to do this separately, since the dissolution of a marriage is a longer process than the recovery of alimony.

If the submission form is not followed, the application may be left without movement (to eliminate deficiencies) or returned to the submitter. Then, after eliminating all the reasons for the return, it can be submitted again.

When considering a case in writ proceedings, a simplified form applies. The act is adopted within 5 days without calling the parties to court. The defendant, upon receipt of a ready order, has the right to appeal against it. If the court finds grounds for canceling the order, then it will be possible to recover alimony only in a lawsuit.

The main differences between claim proceedings and writ proceedings are the obligation to call and involve the parties, the consideration period is extended to two months, and a decision is made at the end.

It should be remembered that all copies must be readable, i.e. well printed or copied.

If the applicant does not plan to personally attend the court, then it is advisable to certify all copies with a notary

How to formally write an application for alimony

About reducing the amount

According to Russian law, it is impossible to independently reduce the amount of alimony payments. When agreeing on the amount of payments in a written agreement, changes should also be made in writing and properly certified. In the case of awarding alimony by the court, a change in their amount is also made in court.

Reduction of payments may occur in the following cases:

acquisition by the claimant of incapacity for work of I or II degree;

the conclusion of a minor marriage, provided that he works or is engaged in business;

receipt by minors of income from their own property (dividends from shares, rental payments from real estate), which significantly exceeds the amount of alimony;

the appearance of additional expenses for the debtor (at the birth of new children, upon receipt of the incapacity for work of the new spouse).

The court may refuse to reduce payments if it establishes:

increase in the creditor's income;

appointment of new payments;

donation or inheritance of valuable property.

An application for a reduction in the amount must be submitted at the place of consideration of the initial dispute or at the address of the plaintiff's registration. As a rule, such applications are almost always submitted by debtors. is calculated on the basis of the amount for which the reduction is claimed.

The claim must comply with Art. Art. 131-132 Code of Civil Procedure of the Russian Federation, in particular, must contain information:

about the court;

about the full name and address of the plaintiff and defendant, telephone numbers;

about the grounds for reducing payments;

an indication of the impossibility of resolving the issue out of court;

information on the amount of previously awarded payments with a copy of the judicial act attached;

calculation of expected payments;

a claim for a reduction in alimony;

attached copies of documents according to the number of parties.

Taking into account all the circumstances of the case, the opinions of the parties, the interests of the child, the court may refuse the plaintiff's demand to reduce the alimony and leave the previous payments unchanged, reduce their amount, or completely release the payer from them.

If the other parent does not object to the reduction, then the court may accept recognition of the claim or approve a settlement agreement between the parties.

Applications for maintenance are drawn up in any form, taking into account the mandatory requirements of procedural legislation. An example of writing can be taken in court.

The introductory part of the don contains personal data of the parties, representatives, details of identity documents, addresses, telephones. The following describes the essence of the requirement and focuses on the need for alimony, the amount of debt. The application ends with a request to the court for recovery.

In this part, the applicant states:

personal data of the payer, his passport data, date and place of birth, address;

Name of the child, date of birth;

the amount of payments;

collection start date;

date of marriage registration;

date of divorce

details of marriage and divorce certificates.

To apply for maintenance, copies of documents are attached to it: on marriage, divorce, birth of children, certificates of salary, on family composition. The claimant must live in the same place as the child. The plaintiff - the applicant for alimony, has the right to collect them at any time, regardless of the period that has passed since the emergence of the right to them.

The court may refuse to accept an application to a citizen if:

the impossibility of resolving the claim in civil proceedings.

the presence of a court decision on the same dispute between the same parties;

the presence of an arbitration court decision on the same issue and between the same persons.

Repeated collection of funds for the maintenance of the same person is prohibited.

However, the expression "re-application" occurs in practice and has the following meaning:

a lawsuit was filed, but it was returned;

funds for maintenance were collected, a writ of execution was issued, which was sent to the bailiffs, but the recoverer subsequently took it away (however, the law does not prohibit taking the writ of execution for alimony and re-submitting it an unlimited number of times);

filed a claim for a change in the amount of payments.

For divorce

Dissolution of a marriage with the disagreement of one of the parties is carried out in the magistrate's court if the spouses have children under 18, but they do not have a dispute over their future place of residence, in the event of a property dispute with a claim value of not more than 50 thousand rubles Cases of this category, but more complex (dispute over children, while establishing paternity, deprivation of rights, division of property in excess of 50 thousand rubles), are considered by district courts.

The application for divorce must be accompanied by:

the second copy of the application for the defendant;

copies of marriage certificates according to the number of parties;

a copy of the birth certificates of children according to the number of parties;

original receipt of paid duty.

If the issue of children and property is resolved amicably, then a notarial agreement on this is attached to the application, if not, then the applicant submits an inventory and valuation of property, his version of the division

Samples of writing lawsuits in court are different, it all depends on the circumstances of a particular case.

An application for divorce usually contains:

the name of the court, district judge of the peace;

personal information of the parties;

the circumstances of the case: the date the marriage began and the date it ended, the place of its conclusion, information about the children, the existence of an agreement on who they will live with, the amount of alimony, etc.

an indication of disagreement with the divorce of the second spouse;

reasons for divorce;

the pleading part: on divorce, on the division of property (if there is a dispute), on alimony (if there is a dispute), on the place of residence of the child (if there is a dispute);

list of attached copies of documents, date, signature.

There are various ways to file for divorce. If there is mutual agreement and there is no dispute about children, the application is submitted jointly to the registry office at the place of marriage registration personally by the applicants or through representatives, you can also fill in all the data through the “State Services”, and then come at the appointed time with the necessary package of documents, after paying the state duty.

If the divorce is made in court, then the claim is filed through the reception personally by the applicant, or his representative, or sent by registered mail with notification. You will be notified of the time and place of the meeting by mail, telegram or telephone.

Procedural term for consideration of the application by the court from 2 months (1 to 3 months given for reconciliation of the parties), also the term for the entry into force of the court decision is 1 month. After that, it will be possible to obtain a divorce decision and apply with it to the registry office to obtain a certificate of divorce and affix a stamp in the passport.

bailiffs

It is known that maintenance payments are withheld either at the place of official employment of the payer, or by bailiffs through their service.

After the start of proceedings, the bailiff sends a writ of execution to the accounting department at the payer's place of employment, where an internal order must be issued to withhold deductions from the debtor's earnings.

If the payer does not have a place of work, the contractor sends a request for bank accounts opened in his name, the presence of property. In addition, the bailiff may invite the debtor to an official conversation. If the payer does not fulfill the obligation to pay, the contractor may impose a restriction on the right to travel outside the Russian Federation.

The legislation on the family obliges the debtor to inform the executive bodies involved in the recovery of the change of place of work, place of residence, the occurrence of additional income. Such information within 3 days should come from him to the bailiffs.

Alimony evaders pay a penalty in the form of 1/2 percent of the amount of the debt for each day of delay in payment. Such a recovery is made by the court at the request of the claimant. In addition, if payments are not made on time, the bailiffs, at the request of the recipients, issue a resolution in which the delay is calculated and recorded. This document is subsequently used as evidence in court.

The decision to issue an order shall be issued without summoning or notifying the parties. You can not even get a court order from a justice of the peace, having previously written in the application a request for the court to independently send it to the bailiffs for collection.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Many parents do not want to support their own children or child, so his guardian or other parent (most often the mother) can file a claim for alimony in the judicial authorities. By decision of the court, forced accrual and collection of alimony can be assigned.

It is important! When compiling an application, you must adhere to the strict rules and requirements that are fixed in the Civil Code of the Russian Federation. The statement of claim for alimony of the 2019 sample does not have specific and serious changes.

Making and filing a claim

If you don't know where to apply , where you can get a form for alimony, you need the professional help of a good lawyer. With its help, you will be able to correctly and competently draw up an application for the recovery of alimony for a child, a sample of which will be provided to you by a lawyer advising you.

It is important! Taking into account modern Russian legislation, the application is submitted to the court, which is located at the place of residence of the defendant. In the absence of reliable information from the applicant regarding the place of residence of the defendant, the application is submitted where the plaintiff lives.

So, filing a lawsuit in court, you will need to pay a mandatory state fee. In 2019, its size is 150-300 rubles. By court order, the amount can be doubled.

Applications for child support must contain the following information:

the name of the judicial institution;
information about the plaintiff - full name, place of employment, registration and place of permanent residence;
exact information about the defendant - full name, official and unofficial sources of income;
data on marriage, as well as its dissolution;
information about joint minor children (their date of birth, full name, place of study, etc.);
describe all the circumstances in precise detail, on the basis of which the claim document is drawn up.

It is important! An application for alimony must contain the above information, as well as be supported by a package of necessary documentation:

copies of parents' passports;
copies of documents of children confirming their birth;
information about the composition of the family, place of residence;
certificate from work;
official document confirming income;
divorce certificate.

Alimony in marriage

Spouses are obliged to help and support each other in various life situations. To protect your own financial rights, in order to prevent divorce, you need to know how to file a claim for payment.

Application for alimony in marriage (sample 2019) year contains the following information:

name, exact address of the judicial authority;
name of the parties;
addresses and telephone numbers of the parties (defendant, plaintiff);
the main meaning of the problem;
requirements, as well as their clear justification;
strong evidence;
the total amount expected for the payment of alimony in the marriage.

You can file a claim without a divorce:

disabled or incapacitated spouses;
persons who are raising a child with a disability, and one of the parents does not want to provide financial support;
pensioners.

It is important! An application for alimony, the form of which can be taken from the court, must comply with modern Russian legislation. Any deviation from the established requirements and rules entails unpleasant consequences. For example, the court may not accept the claim and refuse to consider it.

There are several ways to arrange for child support in marriage:

judicial;
negotiable.

The judicial authority has the right to refuse to consider the claim in such situations:

requirements are not met;
there is no compliance with the claim procedure (pre-trial).

Changing the amount of child support payments

There are many factors that affect the financial condition of people. Due to such circumstances, the parent cannot pay child support in the same amount (for example, serious injuries, change of marital status, disability, etc.).

It is important! The legislation does not allow the cancellation of payments and cancel them, but allows you to change their total amount. An application for alimony reduction is drawn up according to a strict model, in compliance with all recommendations and providing reliable arguments.

Reasons for reducing the amount of alimony:

disability of the 1st and 2nd groups;
complete incapacity of the alimony payer;
irrational use of payments in relation to children;
excess of payments established by the law of the Russian Federation;
lack of work and permanent income;
full state support for children.

Points of claim:

court data;
information about the defendant;
arguments confirming the inability to pay alimony in full;
medical certificates confirming incapacity (if any);
links to evidence.

It is important! Strong evidence plays a decisive role in making a positive decision.

It must be submitted to the executor, whose proceedings include the issue of alimony. The application can be submitted by the applicant and the claimant. As for the debtor, he has a legal right to file a claim regarding the reduction of payments on alimony and debt.

It is important! The deadline for consideration of the application by the contractor is 13 days. A copy of the decision is sent on the 14th day by mail. If the applicant does not agree with the decision, he can challenge it in court within 10 working days.

The application contains the following information:

exact address, name of the judicial institution;
Full name of the debtor, his accurate and reliable data, place of residence;
available facts on the debt;
evidence and references;
a list of violated rights by the debtor;
references to laws and regulations to substantiate their own claims;
the price of the claim.

To the justice of the peace of court district N ____

_______________________________________

Plaintiff: ________________________________

(full name, address)

Respondent: _____________________________

(full name, address)

STATEMENT OF CLAIM

on the recovery of alimony for the child (children)

I am married to _______________________

(date) (full name and

spouse's address)

and lived (s) with her (him) together _______________________________

__________________________________________________________________

(indicate the month, year before which they lived together; if the marriage is already

terminated, then report the date, year of termination)

From marriage we have (are) a child (children) __________________

__________________________________________________________________

(name, date, month, year of his (their) birth)

Child (children) is (are) dependent on me, spouse

does not provide material assistance for its maintenance (al, ala).

Spouse (s) of another child (children) does not have deductions for

executive documents from him (her) is not produced.

In accordance with Article.Article. 80, 81 of the Family Code of the Russian Federation,

Collect from _________________________________________________

(Full name and address of residence, work of the person,

liable to pay child support)

Year of birth, native(s) ________________

(City, region)

in my favor alimony on _______________________________________________

(name and date of birth of each child)

in the amount of _______ part of all types of earnings monthly, starting from

date of application (specify) before his (their) majority.

Applications:

1. Copy of the statement of claim.

2. A copy of the marriage certificate (certificate of

dissolution of marriage, if the marriage is dissolved).

3. A copy of the birth certificate of the child (children).

4. Certificate from the place of work of the person obliged to pay alimony, about

wages and deductions.

5. Help from the housing authorities on the location of the child (children)

dependent on the applicant.

"___"__________ ____ G. _________________