Female site sympaty.net have already told our readers about divorce and the right of the child and sometimes a mother, for child support. Today we’ll see how it how you can get them. Thus speech does not go about cases where the father still cares about the child, including financially.
You have nothing to issue, receive and recover. Let’s talk about the families and former families when the use of statutory child support have to be “extracted”.
How to file for child support
Divorce in the presence of common minor children is possible only in court. At this statement, we can immediately say alimony. In any case, the judge will ask you this question: whether an agreement about child maintenance.
Also do not forget about such a document as the agreement about the children. Right its preparation provided in the Family code. The spouses agree who will live offspring, what is the procedure and the size of their contents.
If for any reason the money question was skipped or lost in the divorce (e.g., maintain normal human relationships and the need to file for alimony for the kids just did) or the agreement is not executed, it is possible to address in court in a writ or action proceedings.
Writ procedure involves solely the trial judge and the court order without hearing the parties only on the basis of application and attached documents. The liable party is given a period of 10 days to appeal. If not, then the order comes into force. So it can be worn in the accounting Department at the place of work of the father of the defendant, or the court bailiffs, if the situation of conflict.
File for child support owed to children, and by filing a lawsuit.
This procedure is more difficult the issuance of the writ, because this is a full-on trial with the hearing of parties, witnesses, evidence, etc. the plaintiff must comply with all the requirements for the preparation of the application and the choice of court.
In contrast to the issuance of the order, the order of the Statute involves consideration of more complex cases, i.e. not only the percentage of income of the Respondent (and if you apply for the recovery of maintenance for children in the first embodiment, it may be just that), but:
- a preliminary determination of paternity,
- determination of the size of the alimony in a firm sum of money,
- change the size according to the specific circumstances of the parties in the case.
If necessary, going to court often raises many questions: which court, what to write in the application how to draw up documents etc. Therefore the website sympaty.net have compiled a short manual on judicial protection of their rights.
How to sue for child support
It is necessary to mention the fact that the legislation does not establish strict time limitations for filing such claims.
But the Family code specifies two reservations for the use of such preferences:
- the absence signed by the parties to the agreement on the payment of alimony and had it payments
- the collectability of debts for the last period within 3 years, if it was formed as a result of evasion of an obligor from payment.
Petition for child support is served to the magistrates ‘ court.
As a General rule, cases are heard by the judicial authorities by place of residence (location) of the defendant. But as we consider the claims of the claim, most often mothers with children, the law is going to meet them. In this case, you can apply to the court at the place of residence, it is necessary to confirm that the child lives with you: the statement enclosed extract from the house register.
The statement of claim submitted to the court for the recovery of maintenance, there are certain requirements, namely the information that it must contain the mandatory.
Translated from legal into Russian it means that you specify the correct name of the court, and served for child support (precise preferably directly in the office of the magistrate or on the official website), your name, passport details and address, name of Respondent and last known address.
Next, directly in the text of the statement describe a situation in which circumstances you and/or your child are entitled to alimony, and the fact that the defendant failed to pay of the debt. The calculation in this case is not mandatory, as the earnings of the former husband may not be known, then this fact should be reflected in the lawsuit.
When filing in court claim for child support it is applied a number of documents:
- a copy of the lawsuit in sufficient quantity for the Respondent and third parties, if affected still anyone’s interests,
- the document confirming payment of registration fee,
- the power of attorney or other paper confirming powers of the representative (if any),
- documents (and their copies) confirming the stated requirements (for example, a certificate of dissolution of marriage, requesting them to pay child support and failure to do so).
The tax code determines the size of the state duty payable when filing in court for child support, 150 € If the claim was required to provide the amounts and on the child, and the defendant then the fee will be 300 RUB.
After the court accepts a lawsuit filed to obtain child support, to the production, the matter will be considered in a General manner, submission of evidence, hearing of parties, witnesses.
The final amount payable is specified in alimony rendered after considering the decision.
Issued a writ of execution can be attributed to accounting at the place of work of the former husband or bailiffs in the case of further evasion of the obligation to pay alimony.
Author — Hope Budnikova, site ToKnow365.top
How to sue for child support?