If the debtor does not pay alimony, you can go to court with a statement of claim. Thus, you will be able to protect your rights and legitimate interests, as well as get the money you owe.
Instructions
Step 1
When writing an application for the recovery of alimony, indicate the person who is obliged to pay it (for example, the ex-spouse must pay funds for the children). In addition, indicate the following information: the defendant's place of work, telephone number, residential address. Also note the number of children on whom the alimony is being collected, their dates of birth. Do not forget to write about the amount of payments that you are counting on. It should be noted that, according to Article 81 of the Family Code of Russia, alimony for minor children is calculated in this way: one quarter, one third or half of the funds will be charged from the parent's income. It all depends on how many children you have: one, two, three or more.
Step 2
Now attach your documents. In this case, copies of birth certificates of children, about the conclusion and dissolution of marriage will be required. In addition, you will need a certificate from the housing authority that the children are dependent on you, a certificate from the defendant's place of work about the amount of his income. Be sure to make a copy of your application.
Step 3
If you have any difficulties in obtaining a certificate from the defendant's work, contact the court with a request to receive a request to the right organization on behalf of the court. Such a request will exactly provide you with the information you require.
Step 4
According to article 23 of the Civil Law Code of the Russian Federation, this category of cases is under the jurisdiction of a magistrate. As a rule, the claim must be filed at the place of residence of the defendant. However, based on Article 29, you can apply in your place of residence as well. Find out the address of the magistrate and either personally take the application there, or use the mail.
Step 5
A trial date is set after the judge accepts and reviews your claim. Both the defendant and the plaintiff will be notified of the place and time of the meeting on the summons (it will come by mail). After familiarization with the case materials, evidence and arguments of both parties, the judge will make a decision. According to article No. 211 of the Code of Civil Procedure of Russia, the court's decision on the recovery of funds must be immediately executed by the defendant.
