One of the most scrupulous sections that make up the Family Code - a "maintenance obligations of family members."It affects the relationship between family members to each other people.When erstwhile warmth and trust disappear at the forefront of property and financial relations.Mothers need support from former husbands for common children, grown old parents - help from grown-up offspring.The first question hard way - what are necessary documents for submission to alimony.This step begins to regulate family relations law.
Act 2015 alimony
According to legal regulations, alimony - this means that some of the family members pay the other with the cases provided by law.Such civil-law relations are governed not only by the Family Code of Russia (which, incidentally, has not changed for several years), but additional documents.Several regulations have been adopted or have gained strength in 2015.
in August 2014 adopted the Concept of state family policy in the Russian Federation for the period up to 2
On January 15, 2016 takes effect was adopted in November 2015 of the Federal Law "On Amendments to the Federal Law" On Enforcement Proceedings "and Certain Legislative Acts of the Russian Federation."According to him, any of the debtor, including alimony, for which the number of non-payment of more than 10 thousand. Rubles, temporarily lose the right to manage all your vehicles.Use a motorcycle, car or boat it can only after full repayment of the amount.
actively discussed by legislators and draft amendments to the Family Code, according to which children are enrolled in the full-time educational institutions will have the right to maintenance and after will celebrate the coming of age, but has not yet reached the age of 24 years.Payments will be made whole training period.It is expected that the new changes will be made in 2016.
Who has the right to
Alimony traditionally associated with payments of money to their parents minor children.The law also provides for other cases of recoveries.Application for their preparation may submit many family members:
- parent with whom the children are after a divorce by a court decision.If both husband and wife are raising at least one child after divorce, filing for child support can be secured by less than a spouse.
- disabled children who have reached the age of majority, require alimony from parents, if they refuse to support them.
- Unemployed biological parents who can not support themselves, are entitled to receive financial support from adults, children are able to work.The same applies stepdaughters and stepsons against the stepfather and stepmother.
- documents on alimony and serves needy and unable to work spouse;pregnant women and mothers with children under 3 years of age;strapped of cash spouse caring for a disabled common child.The defendant stands second spouse.Really request alimony during marriage and upon its dissolution.
- Children under 18 years abroad and unable to provide for themselves, have the right to apply for alimony with adult siblings and grandparents.This is possible, if the parents are not concerned about their future.
- Frail and grandparents who do not support the able-bodied spouses or children, ask for help employees grandchildren.
How is the recovery
collect support is permissible in two ways: the achievement of a settlement agreement and court decision.The law stipulated the payment of three types:
- Enforcement.The appointing authority in the case, to resolve the issue amicably when it is impossible.
- voluntary.Prescribed in the concluded between the parties to the settlement agreement.This document is presented to the court, and on the basis of its authority determines the deadline, the procedure and the amount of payment.
- Informal.These compensation legal field are not regulated.
amount of alimony
Under the provisions of the Family Code, alimony payments can be a fixed amount (if setting takes into account the cost of living for a child) or as a percentage of income - not only on the basic salary, but also from other funds.How often and how much to pay, determined by the court.Financial arrangements prescribed in the settlement agreement.They should not be lower than that set the instance when filing a claim.
Letter of the Law stipulates that the spouse who is obliged to ensure that children pay a quarter of their income for the benefit of one child, a third - on the support of two and a half - for three children.If the kids more time for each child entitled sixth of the personal funds of the deceased father's family, or the mother.Payer, who does not have a clear job, steady income or revenue is expressed in a currency other specific products, things, pays a fixed amount.It is indexed along with revising the cost of living.
Parental support is expressed not only monetary.Any property, prescribed in the agreement, whether it is real estate, vehicle, items of special value components, is also considered a kind of maintenance.Instance considers this in determining the final amount.The amount of maintenance actually reduce or increase by a court decision if financial or family situation of a spouse changed.
To apply for child support
Before you start collecting documents for submission to maintenance costs to deal with what authority has the right to consider this kind of business.The application is submitted in accordance with the place of residence of the defendant.But if the plaintiff insists and makes good to the cause, the case will consider the court at his place of residence.No one will have to pay any legal costs.
statement of claim for alimony, usually served magistrates.If along with the cash one of the parents seeking to challenge or establish paternity, child's recognition of a son or daughter, gives reason for deprivation of parental rights, the case will give the District Court.Instance shall render their verdict, issue a writ of execution.After that the document should be sent to the bailiffs at his residence after a maximum of 3 years after the case is completed.
In another city
What if after the divorce the former spouse is in another city or a mother with children changed their place of residence?Where to go?In this scenario, the law allows you to apply for the payment of child support magistrate in the city, where the plaintiff lives.The only thing is to remember that the bailiffs writ of execution will have to send to the city and the area where the defendant is registered or where his property is registered.
If you do not know where the defendant lives
In practice, there are cases when the magistrate refuses to accept the claim, if the location of the former spouse is not known.The main thing - remember that the truth and the letter of the law on the side of the plaintiff.The statement of claim is served magistrate.Be sure to specify that the exact address of the defendant is not, and ask them to put him on the wanted list.If you know anything about his residence permit or finding property, select it in the document.
Through the Internet
Modern technologies make it possible to request child support and in electronic format.To do this, register on the site www.gosuslugi.ru, get the subheading "Authorities".Federal Service of Court Bailiffs of Justice appears substructure.Choosing from a list of appropriate management, fill in the online document, indicating information about themselves, the defendant, the territorial division of the bailiffs service, attach a court decision or a voluntary agreement in electronic format.When the appeal will be considered, you will be notified about it.
When can I apply for child support
send an application for alimony advisable after divorce will be registered.Although not necessary to wait: no one forbids it to start training before a divorce.In practice, there are different situations.The letter of the law requires and alimony without divorce, and on payment of a child born in an informal, civil marriage.Legal regulations clearly indicate the equality of rights of all children.Decorate alimony to his father or mother, in or out of wedlock, depending on who will take care of the kids shared.
Even if the marriage has not been dissolved but the spouse does not participate in a minimum total financial support toddler woman being married, he has every right to file for child support.The procedure in this case is the same as for production of documents on the financial content after family breakdown.In addition to child support will require additional caregiver disabled spouse for objective reasons (illness, education of disabled minor, caring for baby under 3 years old).
In a civil union
Court child support is possible if the relationship between the spouses have not been formalized.First, the procedure requires you to acknowledge paternity if it is not entered on the birth certificate or if there are doubts as to whether the baby really was born of a common law husband.Evidence - good, until the results of genetic examination.If paternity is fully confirmed, the child is entitled to expect the same amount as that of children born in Marriage.
If the child is 18 years
An adult child who, being healthy, can provide itself, qualify for child support are not allowed.Filing for child support after 18 years abroad is possible if:
- child - the invalid of 1 group since childhood.
- decision on child support was rendered by the court for a long time, however, the former spouse evaded their payment, and it accumulated debt.
- single mother did not address the court and did not receive assistance from the former husband.If the irresponsible attitude of the father proved the 18-year-old child has a right to alimony in just 3 years to his age.
What documents are required for filing a claim
answer to the question, what are the necessary documents for submission to the alimony depends on whether the parties managed to reach an amicable agreement.If a former spouse are unanimous on the amount of child support, then it is a decision you need to provide the notary with the following list of documents:
- passports of spouses with their registration (original);
- birth certificates of all children together (original);
- documents confirming the conclusion and / or dissolution of marriage (original);
- information on the composition of the plaintiff's family;
- documents on incomes of both parties.
When the world does not solve the issue, one road - to the judge.First step - preparing the statement.To it are attached the following documents for submission to alimony:
- plaintiff a passport with an indication of its registration and notes about marriage and divorce, if the Union was an official (copy);
- birth certificate common children (copy);
- documents confirming the conclusion and / or divorce (copy);
- information on the composition of the plaintiff's family;
- documents on incomes of both parties.
Fill in an application for child support, a model of which is presented in any court alone is not forbidden, but it is better to do this with a lawyer.So you will avoid small inaccuracies and possible mistakes, because of which the document be returned for revision.Another important aspect: all the papers needed in triplicate.In one package, however, it remains the plaintiff, the defendant and the court.
What if the ex-husband does not pay child support, or hiding pays mere crumbs?Is second appeal is admissible in court?Letter of the Law reads as follows: twice a claim can not be filed.The question to resolve the power to bailiffs.However, some situations have the right to allow only instance:
- change the amount of maintenance, the designated amount of clear;
- approval of the amount of content of the pregnant woman or the baby shared a mother raising a child under 3 years;
- stop alimony payments;
- transition to another method of calculating payments.
Videos about alimony
About what is necessary documents for submission to alimony, talk to consult any competent lawyer.But the meeting would be superfluous to arm fully informed.From the video below you will gather a lot of information on how to apply for child support, how to leave the statement of claim as the best to protect the rights of their child in court.
sample, write the statement of claim
suit on the child