How to write an application for alimony

18.07.2021 | Documentation

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 recovery 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.

In case of loss, the guilty person must apply to the court with a request to issue a duplicate. The inaction of the bailiffs can always be appealed by the applicant to a higher authority or to the court.

Basic design rules

Starting from 2019, all claims for the recovery of maintenance for children that are not related to the establishment or contestation of paternity (maternity), the need to involve other interested parties, are drawn up only in the form of an application for a court order through the Magistrate's Court. A claim is filed only in the event of an annulment of a court order.

When writing an application, you can type it in typewritten text or write it by hand. All personal data of the applicant, the defendant are written in full, without abbreviations. The actual place of residence is indicated, since all documents, summonses and notices will be sent there.

If possible, it is necessary to indicate phone numbers, since if there is the consent of the person, in order to speed up the notification process, notifications are made in the form of an SMS notification or a phone call with a telephone message. This allows the courts to significantly save time and public funds.

It should be remembered that alimony will be collected from the date of application to the court, but it can also be collected for the past period within 3 years preceding the day of application. The application must indicate the amount to be recovered (in shares or a specific amount).