Alimony obligations in relation to relatives are regulated by the Family Code of the Russian Federation. The amount and procedure for the payment of alimony is determined by the court. In order for the judge to make an objective decision, it is necessary to prepare and provide the judicial authorities with a number of documents.
It is necessary
- To collect child support:
- - original and copy of birth certificate
- - original and copy of marriage certificate - if available
- - original and copy of the divorce certificate - if available
- - original and copy of passport
- - copy of the defendant's passport - if available
- - certificate of income of the defendant
- - statement of claim in duplicate
- - receipt of payment of the state fee
- - an extract from the house book
- To collect alimony for the maintenance of a disabled citizen in need:
- - an extract from the house book
- - original and copy of passport
- - original and copy of the passport of the person for whose maintenance you are applying for alimony
- - income statement
- - certificate of disability
- - a claim in duplicate
- - receipt of payment of the state fee
Instructions
Step 1
Prepare documents confirming that the person for whose maintenance the alimony is being collected (a minor child or a disabled adult) lives with you.
Such a document most often becomes an extract from the house book. You can get it at the ZhEK or HOA at your place of residence. Residents of rural areas receive such a certificate from the Village Council.
Step 2
If you are renting a house, prepare for the court a lease agreement for the dwelling that you entered into with the owner. Please note: the contract must indicate that the minor or disabled person, for whose maintenance the alimony is being collected, lives with you.
Step 3
Request a certificate of salary or a certificate in the form of 2NDFL from the place of work of the citizen from whom you plan to collect alimony. This can be done by contacting the accounting department of the company where the respondent works. The certificate can be collected in person or received by mail.
Step 4
Prepare documents for incapacity for work. This must be done if alimony is collected for the maintenance of an incapacitated adult citizen. Such a certificate can be obtained from the bodies of medical and social expertise.
To do this, contact the SME bureau with an application, a medical card and documents proving the identity of the disabled person.
Step 5
Prepare a statement of your income. This document is needed if you plan to collect alimony from your grandparents, brother / sister / children / adoptive parent. In this case, you need to provide the court with documents confirming that you are in need.
Such a document can be a certificate of salary or a certificate in the form of 2 personal income tax from the accounting department or bank statements.
Step 6
Draw up a legal claim. It must indicate
Full name of the person for whose maintenance the alimony is being collected;
date of birth of the person you are claiming for
circumstances in connection with which you are applying to the court.
In the event that a claim is drawn up for the payment of alimony to a child, then you need to indicate
details of the marriage certificate, the date of its issue and the name of the authority that issued the document (if any)
details of the child's birth certificate, date of issue and the name of the authority that issued the document
details of the divorce certificate (if any)
Also, in the lawsuit, you need to indicate the amount of alimony that you demand from the defendant.
Step 7
Pay the state fee of 100 rubles. The details of the judicial authority that will consider the Claim for the recovery of the elements can be obtained from the assistant judge or on the website of the judicial section.
Step 8
Make copies of all documents that you submit to court. Remember that the lawsuit must be made in duplicate.
