The Family Code of the Russian Federation provides for the collection of alimony in a fixed amount. But they can only be collected under certain conditions. In this case, the court takes into account the material and marital status of both parties.
Parents are obliged to support their children until they come of age. Alimony can be collected both in shares of earnings and in a fixed amount. In the first option, it is enough to submit to the magistrate an application for the issuance of a court order and after 3 days receive a writ of execution. In the second case, you will have to go through all the stages of the civil process: from receiving an application to a court decision and issuing a writ of execution. The term for consideration of the case will be 1 month. And the same number of decisions will come into force.
Grounds for collection
The law clearly stipulates the conditions when alimony can be collected in a fixed amount:
- the absence of a voluntary agreement on the maintenance of the child (meaning its notarization), - volatile or frequently changing salary, - the presence of income received in foreign currency or in kind (in whole or in part), - lack of earnings, - other cases when it is difficult to collect shares in shares or it violates the interests of the child and worsens his situation.
Preparation of a claim
If there is one or more grounds on which it is possible to recover material content in a fixed amount, it is necessary to draw up a statement of claim. As a rule, there are samples of such claims in every magistrate's court.
The application must comply with the requirements of the Code of Civil Procedure of the Russian Federation and contain:
- address and number of the court area, - personal data about the parties, - the essence of the stated requirements, including information about children, and the reasons for collecting alimony, - in the petitionary part - a request to the court to satisfy the claim and the desired amount of money.
It is necessary to attach documents to the claim: marriage or divorce certificate, documents on the birth of children, information about the place of residence of the children (reference), information about the plaintiff's income. If possible, you can provide evidence to support the type and amount of income of the defendant.
One of the requirements of the law: the collection of alimony in such an amount that would keep the child a decent standard of living.
But do not despair if such documents are missing. Having accepted the claim for production, the judge will certainly demand them from the opposite side.
The state duty when filing claims for the recovery of alimony is not paid by the plaintiff.
Sometimes a parent receives an envelope salary by declaring a small official income. Meanwhile, with a small salary, the defendant may own expensive property: a car, a house, an apartment, a land plot. When preparing a claim, it is necessary to keep these factors in mind and to report them to the court.
The court will check the arguments of the plaintiff and, if they are confirmed, may conclude that the defendant has additional income, which he does not want to report. The judge will take these facts into account and make a positive decision.
The amount of alimony should be indicated in the amount of the minimum wage (minimum wage): 2 minimum wages, 4 minimum wages, etc. When the minimum wage rises, alimony is indexed along with it.
Application submission
The claim is filed in the number of persons participating in the case. It is necessary to prepare the same number of photocopies of the above documents. As a rule, three sets of documents are obtained (for the judge, the plaintiff and the defendant). On the day of the reception (and justices of the peace conduct a reception almost daily), you should appear at the desired judicial department and file a claim.
After 5-6 days, the judge calls for an interview. During the conversation, you can make a request for the direction of inquiries in order to find out what property the defendant has. Based on the results of the interview, a court hearing is scheduled.
Based on the above, filing a claim for child support is not particularly difficult. The main thing is that there are grounds for their collection.
