Issues related to the payment of financial support - alimony - to the ex-spouse or children born in marriage with him are regulated by many regulations, including the Civil, Family, Civil Procedure and Tax Codes of the Russian Federation. These documents also determine the judicial affiliation of the solution of these issues.
Who is eligible for child support
The legal basis for applying to the judicial authorities for the recovery of alimony is chapters 13-15 of the Family Code of the Russian Federation. They regulate such obligations that arise in relation to parents and children, former spouses, as well as other family members. These obligations, for example, exist for adult brothers and sisters who have become full orphans in relation to their minor brothers and sisters, as well as for grandparents in relation to their grandchildren, who cannot support themselves on their own. In most cases, the payment of alimony is made in accordance with an agreement on this, which is concluded in writing and must be notarized without fail. When such obligations are not voluntarily fulfilled and there is no agreement between family members on the payment of alimony, they can be recovered through the court.
Which court to apply to
When determining the judicial affiliation, one should be guided by Article 23 of the Civil Procedure Code of the Russian Federation, according to which the issues of issuing a court order for the recovery of alimony are considered by justices of the peace. If we are talking about minor children, the exception is the cases provided for by Article 122 of the Code of Civil Procedure of the Russian Federation, when a statement of claim is filed simultaneously with a request to challenge or establish paternity, as well as a statement on deprivation or restriction of parental rights. In such cases, a court of general jurisdiction should consider the alimony case, in accordance with Article 24 of the Code of Civil Procedure of the Russian Federation.
The territorial jurisdiction of cases on the recovery of alimony is determined in accordance with Article 28 of the Code of Civil Procedure of the Russian Federation. According to its provisions, an application for the issuance of a court order for the recovery of alimony, as well as a lawsuit about this, must be filed with the court at the place of permanent residence of the defendant. However, according to Article 29 of the Code of Civil Procedure of the Russian Federation, when the last place of residence of the defendant is unknown to the plaintiff, these documents can be sent to the place where the last place of residence of the defendant was, about which the plaintiff was aware. In the event that the plaintiff has no idea about the place of residence of the defendant, a statement of claim or an application for the issuance of a court order can be sent to the court located at the place of residence of the person in favor of which the alimony is being collected.
When the debtor raises objections to the court order issued by the magistrate, this order, in accordance with Article 129 of the Code of Civil Procedure of the Russian Federation, can be canceled, and the claim for alimony is considered in the course of action.
