Form of claim for collection of alimony. Statement of claim for collection of child support

18.02.2019

Attention! All demands for the collection of alimony for minor children, not related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties, are formalized only in the form of an application for the issuance of a court order for the collection of alimony ( the federal law dated March 2, 2016 N 45-FZ).

All filed claims for the collection of alimony will be returned by the courts ( ). To collect alimony, file an application for a court order. Statement of claim the collection of alimony is issued only in cases of cancellation of the court order or when the debtor pays alimony for other years.

Who has the right to file a claim for child support?

The right to file such a claim is enjoyed by parents, guardians, administration of child care institutions, and government bodies acting in the interests of the child.

If the father or mother is collecting child support, prerequisite is their cohabitation with children. This parent must support the child at his own expense, and the support from the other parent is insufficient or completely absent. It doesn’t matter whether the parents live together or separately, whether they are married or already divorced. The main thing here will be the absence financial assistance for the maintenance of children.

If a child, for some reason, is left without parental care, then his guardian will have the right to collect alimony. The guardian must officially have this status, confirmed by documents from the guardianship authorities. If a child lives with relatives or other people without legal guardianship, these people do not have the right to collect alimony until they officially become guardians.

What documents do you need to collect to file a claim?

To draw up a statement of claim for the recovery of child support, a minimum number of documents are required. The most important of them is the birth certificate. A birth certificate confirms the presence of parents of a child, the right of one of them to make demands for child support and the obligation of the second to pay them.

If the child’s father is not included in the birth certificate or is included there only at the request of the mother (without his consent), it will not be possible to simply collect alimony. Paternity will need to be established. For this purpose, another statement of claim is filed.

Guardians, in addition to the birth certificate, must attach a document establishing guardianship. If alimony is collected for several children, then birth certificates for each of them are attached.

Another document attached to the application for the collection of alimony is a certificate from the housing authorities from the child’s place of residence. This document confirms. that the plaintiff and the child live together, and the child is supported by this parent. If the child is registered at a different address, this must be indicated in the text of the statement of claim.

The next document attached to the application for alimony is a certificate of marriage or divorce. This document is not so mandatory, but it will confirm the plaintiff’s arguments about the presence or absence cohabitation and assistance from the parent obligated to pay child support.

It would be good if, when collecting alimony, the plaintiff encloses a certificate from the defendant’s place of work about the amount of his earnings for 1 year. This will allow the court to calculate the state duty payable by the defendant and indicate information about his place of work in the writ of execution, which will speed up the subsequent collection of alimony.

After drawing up the statement of claim, make a copy of it for the defendant. This full list documents required to collect alimony for a child or several children in judicial procedure. However, situations may be different; if in the text of the statement of claim the plaintiff mentions some other circumstances, he will have to attach documents confirming his own arguments.

All documents are attached to the statement of claim in the form of simple copies. The original documents will then need to be submitted to court hearing.

Drawing up a claim for alimony

To draw up an application, download a sample from our website. Fill it out. In this case, you can indicate only the data provided by us or bring your position on the collection of alimony to the court in more detail.

When drawing up a statement of claim, you can type it on a computer or write it down by hand. Enter all information about yourself, the defendant and children in full, without any abbreviations (this especially applies to full name and residential address). Indicate the address where everyone actually lives. The court will send summonses to appear at the hearing to these addresses. If possible, include telephone numbers, both yours and the defendant's. This will help the court notify everything more quickly.

Be sure to include the title of your application - or Statement of claim for collection of child support.

When filing your claims, you should take into account that alimony is collected from the moment the application is submitted to the court. You can ask for recovery for a longer period of time, but there must be very compelling reasons for this. Read more about such reasons in another article.

In addition to determining the amount of alimony to be collected as a share of earnings, it can also be collected in a specific monetary amount. For this purpose, the law establishes certain conditions. We brought these conditions and gave detailed recommendations with attached images of statements of claim in the corresponding article.

At the end of the statement of claim, you must indicate the date of its preparation and put your signature.

How to draw up a statement of claim if the defendant is already paying alimony

There are often situations where the defendant is already paying child support from his first marriage. In such situations, the question arises: how to correctly draw up an application for the collection of alimony for your children?

The statement of claim for the collection of child support in this case is drawn up in a similar way. Additionally, you need to indicate the recipient of alimony for other children as a third party, write down the details of these children (full name and date of birth) and provide details of the documents grounds for collecting alimony (court order, court decision or agreement).

If you do not know the exact data, please provide the information you know. The court is obliged to clarify the issue of alimony payments for other children in a court hearing and involve the recipient of alimony as a third party to participate in your case. Indicating the most complete information in your application will allow the case to be considered in court more quickly.

Where to file a claim for child support?

All claims for alimony are considered only by justices of the peace. This is their jurisdiction. IN district court such a claim will not be accepted. Filing a claim for alimony with the magistrate does not depend on the place of residence of the plaintiff and defendant, or on the amount of alimony being collected. Jurisdiction is specifically enshrined in the article of the Code of Civil Procedure of the Russian Federation.

The second issue that needs to be resolved when filing a claim is to choose a magistrate who is authorized to hear this case. The article of the Code of Civil Procedure of the Russian Federation establishes the rule that the plaintiff can choose a magistrate to file a claim for alimony at his place of residence or at the place of residence of the defendant.

Most often, a statement of claim for the collection of child support is filed with the magistrate at the plaintiff’s place of residence. It's more convenient and simpler. You can always easily get to the court hearing and resolve other issues with the magistrate in person. However, sometimes it is more profitable to file a claim for alimony at the defendant’s place of residence. In this case, you can avoid appearing in court by writing a statement to consider the case in your absence; in addition, the writ of execution will quickly reach the bailiffs.

How to properly file an application for alimony

When filing a statement of claim, the magistrate must necessarily record the fact of its transfer. You can come in person during reception hours to the magistrate’s station and submit a statement of claim for the recovery of alimony against signature on your copy (that is, in this case you need to bring with you another copy of the statement).

The second option for submitting documents is to send them by mail. In this case, you should issue a registered letter with a list of attachments and a notification of delivery. In this case, the plaintiff will have confirmation that the application was accepted at the magistrate’s station.

The magistrate, after receiving the statement of claim, will decide on its acceptance. If everything is in order, the claim will be accepted, the plaintiff will receive notice of the time and place of the court hearing to consider the claim for the recovery of child support.

However, the decision to accept a claim may not always be resolved positively; in this case, the plaintiff will need to promptly respond to the actions of the magistrate.

Consideration by the court of a case on the collection of alimony for children

By general rule The magistrate must consider the claim for the collection of child support within 1 month after its acceptance. To consider the case, a court hearing is scheduled, to which the plaintiff and defendant are invited.

When considering the case, the court finds out whether the plaintiff has the right to collect alimony, whether the defendant is obliged to pay it, whether the child receives the necessary maintenance from the parents and determines the amount of this maintenance.

The consideration of the case ends with a decision. With this decision, the court collects alimony or refuses to satisfy the requirements. The magistrate always formalizes the decision only in the operative part. If the persons participating in the case do not understand the court’s conclusions and want to familiarize themselves with the arguments in detail, they must submit a corresponding application.

The court decision comes into force and is subject to execution 1 month after its issuance, unless there is a complaint. And in the case of an appeal, the decision comes into force on the day the case is considered by the appellate authority.

What to do with a court decision to collect alimony?

It is not enough to file a claim in court and receive a court decision to collect child support. Such a decision must also be executed, that is, alimony must be withheld from the defendant. Alimony can be paid by the defendant voluntarily. However, most often you have to do this forcibly.

After the decision enters into legal force, you need to obtain a writ of execution and present it to the bailiff service or resolve the issue of withholding alimony in another way (submit the writ of execution to the organization at the defendant’s place of work).

We described the procedure for obtaining alimony after a court decision is made in a separate article.

Sample statement of claim for collection of child support

Justice of the Peace judicial section № __

around town_______________________

Plaintiff: _________________________

Respondent: ______________________

Questions about child support applications

What to do if the husband pays alimony for other children from another marriage, what amount of alimony is collected, and how should this be indicated in the statement of claim?

In that case, you need to use this sample statement of claim. Additionally, indicate that the defendant pays child support for other children and in what amount. In this case, you can ask the court to collect alimony for your children, taking into account the amounts paid. It is necessary to determine how much the defendant must pay for all children, divide by the number of children. In the future, the husband may file a claim to reduce the collection of alimony for children from his first marriage.

What other application, besides a claim for alimony, is needed, and where can I get a sample if our dad did not officially divorce his first wife and they have a child? My child was recognized and paternity established by the registry office. And how to write a statement of claim correctly if he does not officially pay child support to his first child?

Write an application using this sample. Just indicate that you were not married to the child’s father, he voluntarily acknowledged paternity, but material support does not provide assistance to the child. You can write about the first child, or you can not write, now it doesn’t matter until the other side demands alimony through the court.

If a child is registered with his father and lives with his mother, is a certificate from the housing authorities needed? I don’t know my father’s place of work; he refuses to provide a salary certificate. What to do in these cases?

In this case, you can do without a certificate, but other evidence may be required that the child is dependent on the mother. Skip this moment for now, if the court suggests, then present 2 witnesses. Regarding the salary certificate, indicate that “he refuses to provide the certificate, please request it from the defendant.”

The claim for the collection of alimony states that the defendant has no other children and deductions are not made under writs of execution. Is it possible to skip this phrase, because... I don’t know if he has any more children and if he pays child support to anyone else?

Of course, if it is not known that there are other persons for whom the defendant must pay alimony, you may not indicate this in the statement of claim.

I don't live with my husband long time, perhaps he now lives in Ukraine, how to file a claim?

Apply for alimony, indicate his last known address in the Russian Federation. If he officially resides in Ukraine, then it is better to apply to the Ukrainian court. After collecting alimony, contact the bailiffs, they will look for the debtor. The law provides for the possibility of executing court decisions on the territory of foreign states.

The defendant pays child support for 2 children. Now the child from the first marriage is 18 years old and, accordingly, I should receive 25% for my child (15 years old). The accounting department at his place of work said that a new court decision was needed. How to correctly draw up a new statement of claim and what documents are needed?

Submit a new statement of claim using this sample, in support of the requirements, indicate that you previously received alimony in the amount of 1/6, now the first child is 18 years old, and ask to recover alimony in the amount of 1/4.

The family legislation of the Russian Federation establishes the norm for the care and protection of all minor children. Of course, living to the fullest happy family, the child is rarely financially offended. However, in the event of divorce, the question of alimony often arises, although the law provides settlement agreement about child support. When a compromise is not found on their own, one of the parents has to turn to judicial assistance. Let's look at a sample application, the submission of which allows you to collect alimony by force.

Options for resolving alimony disputes

As a rule, the process of family breakdown in material terms negatively affects women. Therefore, most often it is they who turn to the appropriate authorities to apply for alimony. According to the norms family law There are several options for resolving this issue:

1. Conclude a settlement agreement (Chapter 16 of the RF IC). In this case, there is no need for legal protection of one of the parents. The parties independently draw up such an agreement. The main thing is to have it notarized.
2. Collect alimony by order. This method is considered simplified due to the speed of its implementation.
3. By judicial trial. In this case, you cannot do without filing a claim.

Let us dwell in more detail on the last two options, as well as on the statements necessary for their implementation.

Order order

This method of resolving alimony disputes is justified if the other party agrees with the demands presented and does not interfere with them. In this case, civil procedural legislation (Articles 121–130) provides the opportunity to obtain a court order without going through court proceedings. The amount of alimony is determined by Article 81 of the RF IC. To implement the simplified procedure, submit an application to the precinct of the magistrate at the place of your residence or registration of the defendant. The form and content of such a document are determined by Art. 124 Code of Civil Procedure. Please provide the following information in your application:

• In the header, place the name of the magistrate, the personal data of the applicant and the debtor, as well as the address and place of their work.
• Below the title of the document, describe the claimant’s requirements, as well as state the grounds and evidence.
• Finally, provide a list of attached documents. Put the date and signature.

Draw up an application for a court order using the sample below.

Related motions

Very often, simultaneously with the above application, the following petitions are submitted to the magistrate for consideration:

1. A petition from a needy parent to search for the debtor when the latter’s whereabouts are unknown.
2. Statement of claim from the employer and authorities Pension Fund documents confirming the income of the parent who refuses to pay child support.
3. A document confirming the recovery from the defendant of money spent by the plaintiff on legal fees.

Procedure for claim proceedings

If the registration of alimony is accompanied by other requirements (establishing/challenging paternity, appointment fixed size alimony, etc.), it is impossible to do without a trial. In addition, the preparation of an application for alimony is also required if the defendant has submitted a written objection to the court order within 10 days. When drawing up a claim, be guided by Article 131 of the Code of Civil Procedure and provide the following information:

• Name of the court indicating the full name of the judge.
• Personal data of the plaintiff and defendant (full name and address).
• Representation of a controversial situation, presentation of the requirements of the interested party, based on the relevant articles of the Family and Civil Procedure Codes.
• Evidence and facts that form the basis for alimony.
• The price of the claim.
• List of attached documents and the plaintiff’s handwritten signature.

File a claim using the standard template provided below. The plaintiff has the right, simultaneously with the statement of claim, to petition for the collection of alimony debt for the previous three years.

Download from our website:

It should be added that the legislation allocates month period for the decision on the claim to come into force. During the specified period, either party has the right to appeal it to the appellate authority.

The main responsibility of parents is to support their children. Capable family members must take care of their relatives who are not able to provide for themselves. This is taught in the family from childhood, and the same opinion is reflected in the legislation of the Russian Federation.

But it happens that parents and families refuse to help their incompetent relatives. To protect the rights of these persons, the law of the Russian Federation provides for a system for calculating payments and deducting funds for their maintenance.

Types of alimony

The Family Code of the Russian Federation in 2016 obliges the parent who refuses to voluntarily provide for his child. In some cases, deductions fall on one of the able-bodied guardians, or on persons divorcing the marriage.

The decisive factor in assigning alimony is proof that the citizen does not fulfill his obligations to provide for disabled members of his family.

According to paragraphs 13 and 14 in Family Code alimony is calculated:

• Minor children whose parent does not support them;
• Adult incapacitated dependent persons;
• Insolvent disabled spouse;
• The spouse is pregnant and for three years after the birth of a joint child;
• A person caring for a joint child with a disability under eighteen years of age, or an adult disabled person of the first group;
• For an ex-husband/wife providing for a joint disabled child of the first group until adulthood and after it;
• An incapacitated spouse who lost his ability to work while married or during the year after the breakup;
• An elderly spouse who requires financial support.

How to file a claim

An application of this kind is usually filled out in free form. The plaintiff needs (samples are also provided at the end of the article) Even if you have a clear form to fill out, it is important to know how to correctly draw up and fill out the application in order to avoid possible mistakes.

First fill in the introductory fragment:

• Name of the court where the application is sent;
• Personal details (full name);
• Identity card details.

Then comes the part that describes the essence of the claim and confirms the need to receive payments for alimony debt. Here you need to specify:

• Details of the person from whom maintenance payments are required;
• Debtor's identification data;
• Date of birth of the debtor;
• Region of birth of the payer;
• Place of residence of the debtor;
• Full name of the child for whose provision payments are required;
• Date of Birth;
• Details of his birth document;
• Amount of alimony;
• Collection time;
• Date of marriage;
• Date of divorce;
• A copy of the marriage papers.

In addition, the application is accompanied by a list of documents indicating the time of filing the claim and the signature of the plaintiff.

Where to send a claim

All applications for the collection of alimony are sent to the magistrate's court. The district authority will not consider it. Filing a claim does not depend on the person’s area of ​​residence or the amount of alimony.

Another issue is the choice of the executing judge who will conduct the case of alimony collection. Article 29 of the Code of Civil Procedure of the Russian Federation states that the plaintiff has the right to choose a judge to consider the application in the region, his own or the defendant’s.

As a rule, cases are sent for consideration judge at the applicant's place of residence. It’s much easier this way; at any time you can personally discuss any issue with the judge or come to the courtroom. It happens that it is better to file a referral at the place of registration of the payer. Then it will be possible not to be present in court, but to send a request to consider the case without the participation of the plaintiff, and the writ of execution will quickly reach the judge.

How to file a claim

When submitting an application, the fact of its transmission must be certified. You can come to the work time to the district judge of the peace and submit the documents for signature on one of the copies (2 copies are required, one remains).

You can submit your application in another way: sending documents by postal service. It is important to choose a registered letter with an inspection of the attachments and a notification of receipt. Then the applicant will have confirmation of the fact that the claim was accepted by the magistrate.

The judge, after receiving documents and applications, is obliged to decide within 5 days whether to accept the case for consideration or not. If all is well and the claim has been accepted, the applicant will receive notification of the place and time of the meeting, the process and the penalty.

The following documents must be submitted with the application:

• A copy of the marriage certificate;
• A copy of the certificate of rupture;
• A copy of the child’s birth document (document on disability, incapacity); Certificate of the payer’s salary and place of employment;
• Certificate of debts in relation to the plaintiff;
• Certificate of residence of the child.

True, it happens that the judge does not accept the application, then the plaintiff should immediately take action.

If the claim is not accepted for consideration, the court is obliged to announce the reason for the refusal. It must be reasoned, with evidence and references to the norms and laws that became the basis. The certificate of refusal is transferred to the plaintiff within five days from the date of filing.

Possible reasons for refusal:

• The application was sent to the wrong authority;
• No measures were taken for pre-trial settlement;
• The claim is filed by an incapacitated person;
• The application was sent by a citizen who does not have the right to do so;
• The case is already in progress;
• The plaintiff filed an application to return the case before its approval.

Re-claim

An application for alimony is submitted only once, the claim is not sent again. True, in judicial realities the word “repeated lawsuit” still appears. This applies to cases.

• Where can I get a sample application for filing a claim?
• How to file a claim for child support in court in 2016?

For the court to accept statement of claim to collect money for child support, this document must be drawn up correctly. Everyone who is forced to resolve this issue is concerned about several points:

• Have the requirements for filing a claim for collection changed? alimony payments per child in 2016?
• How to draw up a claim and where to get a form and an example for drawing up?

Where can I get a sample application for filing a claim?

Claim application for alimony is a document that is considered the basis for judicial review to collect alimony from the defendant.

In 2016, nothing changed in terms of the requirements for drawing up this document. A sample of it can be taken in court. The form itself and an example of how to fill it out are usually posted in a prominent place, and can also be found on the Internet. The sample form is located at:
//alimenty-expert.ru/wp-content/uploads/2015/04/O-neuplate-alimentov.pdf.

Before you draw up this document yourself, using the sample as a basis. You need to carefully read the example of filling it out. You must not make mistakes and you must correctly present all the important information, and then begin filling out the introductory part, which is located in the upper right corner of this form.

In a claim for the recovery of child support payments, the sample of which is taken as a basis, contains the following data that must be correctly indicated:

• the name of the judicial authority to which the applicant submits documents;
• the address where the court is located;
• surname, name, patronymic of the plaintiff without abbreviations;
• details of the applicant's identity document.

This part of the document must fully reveal the essence of the issue so that the court can make an adequate and only correct decision.

Watch also the video on how to write a statement correctly:

This application form also requires that:

• personal data of the person, collection of alimony from which this application should be considered;
• details of the identity document of the alimony payer;
• year, place of birth and residential address of the payer, as well as the address at which he is registered;
• personal data of the child (full name, date of birth) to whom alimony is intended;
• the amount of alimony and the start date of its collection;
• when the marriage was registered (if registration was carried out) and the date of divorce;
• number of the marriage and divorce certificate.

At the end, you must enter the name of all documents that are attached to the claim, below indicate the date of filing the application with the court, and certify this document with the signature of the plaintiff.

How to file a claim for child support in court in 2016?

In 2016, the court accepted a claim for collection of alimony in favor of a child under the previous regime, there were no changes in this regard. In 2016, as before, the plaintiff files a statement of claim with the court at the place of registration of him or the defendant. The state fee is paid by the defendant.

The statement of claim for the recovery of child support from the defendant must be considered within 5 days, and the authorized bodies made a decision on whether to return the claim or accept it.

Article 107 SK Russian Federation also did not change in 2016, so the plaintiff, as before, has the right to receive alimony payments file a claim for their recovery, regardless of how much time has passed since the emergence of the right to alimony. This rule is applicable if, by voluntary agreement of the parties, they were not accrued to the plaintiff.

Having collected the package necessary documents, and taking the sample statement as a basis, you need to carefully draw up your claim, indicating in it all the most significant facts and requirements for the plaintiff. It is necessary to register the claim in court and make a photocopy of it. It must be marked by the judicial authority with the date the claim was accepted for consideration.

What you can do right now:

1. Study carefully the sample on the collection of child support payments;
2. Be sure to assure this document signature;
3. Watch the attached video to the article;
4. Read additional material on this topic: How to file a claim in court against a debtor