Divorce brings many problems to a broken family. The situation becomes more complicated if children suffer from divorce. It is not often that there are men who are ready to voluntarily fulfill their parental duty to their children, more often a woman has to file alimony in court.
To arrange alimony, you need to know some of the nuances of this procedure.
Package of documents
To register child support, you will need:
- a copy of the passport (of the spouse requiring alimony);
- birth certificate (child);
- certificate of marriage (divorce);
- certificate from the place of residence of the second parent.
How to collect alimony
There are 2 options for documents that can be considered:
1) Notarized agreement between both spouses. In this case, the passports of the spouses will be required; marriage (divorce) certificate; a child's birth certificate and an agreement signed by both (required in the presence of a notary).
2) The mother can file a claim in court for the recovery of alimony from the father of the child. In order to file a claim, a passport is required; marriage (divorce) certificate; birth certificate of a child; an application for the recovery of elements (drawn up in accordance with all the rules).
Where to go?
With the registration of the necessary package of documents, you need to contact a notary office to certify copies of the originals. Next, you should file a claim with the local judicial authorities. After consideration, the judge will decide on the amount of support payments and the procedure for receiving them.
The procedure for paying alimony is detailed in section V of the Family Code of the Russian Federation. This item depends on the document on the basis of which the alimony payment process takes place.
If this is a notarized agreement, then the spouses themselves choose the amount of alimony and the frequency of their payment. In case of non-compliance with the contract, the injured party can turn to a notary and boldly go to court.
If this is a court order or a writ of execution on the recovery of alimony, then their payment is more difficult. If the voluntary payment of alimony is refused, the order is sent to the defaulter's work, where the management and accounting department will independently deduct this amount from the salary of the negligent spouse. In this case, payments are made monthly.
If the defaulter does not work anywhere, the relevant authorities begin to check all movable and immovable property, therefore, it will not be possible to hide behind a lack of money - they will force them to sell. It should be understood that if a person deliberately avoids the payment of alimony, then he will be able to avoid confiscation, referring to the fact that the property is in use, and not in possession.