According to the current legislation, both parents, if they are capable, are obliged to support their minor children. In the event of a divorce, a family member living separately is obliged to pay alimony in the amount agreed by the parties or by the court.
Necessary
- - statement of claim;
- - Marriage certificate;
- - birth certificate of the child;
- - an extract from the house book;
- - receipt of payment of state duty.
Instructions
Step 1
Parents can conclude an agreement on the payment of alimony without the participation of the court and representatives of the guardianship authorities. The document is drawn up in writing, after which both parties sign it and secure it through a notary. If parents have disagreements on the amount and procedure for collecting alimony or other issues, the procedure for their registration is established through the court.
Step 2
Send the statement of claim to the magistrate court at your place of residence or the place of residence of the defendant. If there is a serious disagreement about the recovery of alimony, or if there is a dispute about establishing or challenging paternity, a claim should be filed with a federal court. Please note that when submitting an application, you must pay a state fee in the amount of 100 rubles and attach the received receipt to the document.
Step 3
Sign the alimony claim before filing it in court in person, or entrust it to your official representative. In this case, one of the mandatory documents serving as an attachment to the claim will be a power of attorney. Also attach a marriage certificate, birth certificates of all existing children, as well as an extract from the house register confirming your residence permit.
Step 4
Wait until the court considers the application and makes its decision. Usually the term of the proceedings does not exceed 5 days. The Justice of the Peace has the right to resolve the conflict that has arisen alone. The federal court sets a date for the proceedings, in which both parents and their children, as well as the guardianship authorities, are required to participate. The court makes a final decision and, through a writ of execution, obliges one of the parents to pay alimony in the established amount and within the specified period. Evasion of the payment of alimony threatens the debtor with both administrative and criminal penalties.
