Cases on the collection of alimony arrears and on the determination of the amount of these payments are considered by the magistrate's court. It is these judicial authorities that resolve such family law disputes, regardless of the amount of the stated claims.
When applying to the judicial authorities with a claim for the recovery of alimony, it is important to correctly determine the jurisdiction of the relevant case. If the plaintiff chooses the judicial authority incorrectly, the statement of claim may be returned due to the lack of jurisdiction of a particular case to this court. In the process of choosing a particular court, it is important to determine not only its level in the judicial system of the Russian Federation, but also territorial jurisdiction. Each court accepts and considers the claims for persons residing strictly in a certain territory (as a rule, in a specific settlement, administrative region or in a judicial area). At the same time, the definition of territorial jurisdiction is tied to the place of residence of the defendant, although there are exceptions to this rule.
How to determine the level of the court resolving alimony disputes?
Alimony cases, by their legal nature, relate to disputes arising from family legal relations. Civil procedural legislation refers such disputes to the jurisdiction of magistrates' courts, and the size of the claims in this case has no legal significance. The magistrates' courts consider all family law cases, except for cases of determination of paternity, deprivation or restriction of parental rights, and invalidation of marriage. At the same time, the limit of fifty thousand rubles established for civil disputes is not applied, after which the case becomes subject to the jurisdiction of the district court, since in this case we are talking about a family law dispute.
How to determine the territorial jurisdiction when applying for the recovery of alimony?
The general rule for determining territorial jurisdiction is the need to file a claim with the court located in the territory of the defendant's residence. In other words, the applicant for the claim for the recovery of alimony, which is usually the mother of the child, must find the debtor's new place of residence and determine in which court district the corresponding address is located. But the specificity of such cases lies in the fact that the payer of alimony often hides from obligations to his children, changes his place of work and place of residence. That is why procedural legislation establishes an exception for such disputes in the form of the right of the plaintiff to file a statement of claim with the court at his place of residence. In this case, the place of residence means the address of official registration (in accordance with the mark in the passport).
