Collecting alimony is a rather unpleasant and stressful situation. To get legal funds for a child, you often have to go to court. It is necessary to write a statement, make sure that there are no inaccuracies in it, collect all the necessary documents, and then the claim is accepted for proceedings. The court authorities themselves will take care of the distribution of summons and copies of documents. Let's figure it out in order.
Court session and preparation for it
Please note that both parties receive the summons. From this paper, the time and place of the meeting will become known. The notice will be sent in the form of a registered letter. If you are not in the apartment, the postal workers are obliged to leave a notice in the mailbox. Therefore, having submitted for alimony, check your mail more carefully.
On the day of the court session, it is better to prepare in advance, collect the necessary documents and their copies. Put everything in the prepared folder, it will give you a more solid look. Keep your passport nearby, usually required at the entrance to the building where the trial will be held. Some establishments also provide a metal detector. Better to be ready for this.
How to behave correctly? At the meeting itself, you need to collect your nerves into a fist. Do not forget: it is your legal right to pay child support, it is not a shame, but completely normal. It is better to behave calmly and with restraint, not to offend the ex-spouse directly in court. This will make a good impression, and it will also save nerve cells.
Court order to collect funds
If a petition was submitted to the court for the issuance of a court order for the recovery of alimony, then neither you nor the future payer need to come to the meeting.
The order is the exact document that tells the decision to award child support. This is if the rights you claim are not in doubt.
When the alimony case is complicated by additional circumstances, it will not be possible to manage with one petition and order. This situation just presupposes the presence of a meeting and a court decision. All the circumstances of the proceedings will be set forth in the lawsuit.
The court decision and the order for the payment of alimony must be immediately enforced. In this case, the defendant can appeal against them.
Procedure for collecting alimony
It is unlikely that the payer voluntarily and happily rushes with the writ of execution to pay the bills. Conscientious payers give money voluntarily and are not sued. In this case, payments will be collected by force. The court decision or order is sent by the authorities at the place of residence of the debtor.
To speed up the process, you can independently deliver the documents to the payer. If for some reason this is not possible, the bailiff receives the necessary papers by mail. Further, a special case in the field of enforcement proceedings is started. Court employees find the debtor at his place of work, and the recovery of alimony occurs by calculating from wages.
Sad statistics show that today about 70% of potential payers do not want to pay money to their children. If not everything goes smoothly, the debtor is hiding from the law, does not have official employment, or wants to challenge the court order, the bailiffs work according to the circumstances. A search for the maintenance worker is carried out, an arrest is imposed on his property.
Recovery of alimony from foreigners
In some families, there are situations when the ex-husband and father of children has foreign citizenship. This greatly complicates the process, because it is legally difficult to call a foreign dad to account. You can act in two ways:
- Submit a claim to our court. The Civil Code has articles of law in this regard.
- Apply to the courts of the home state of the debtor. To do this, you need to familiarize yourself with foreign legislation in advance, understand how to write an application and where to submit it.
The most unpleasant thing is that even if the court decides in favor of the plaintiff, the bailiff of our country will not always be able to help you. Then you need to apply directly to the executive bodies of the state in which the dishonest payer has citizenship.
