The basis for the payment of alimony is a judicial act, as well as a court order issued after its adoption. An alternative basis may be an agreement on the maintenance of the child, which is concluded between the payer of the alimony and the legal representative of the minor.
Instructions
Step 1
The actual basis for the payment of alimony is paternity or motherhood, which is established in a particular citizen in relation to a minor. The fact of motherhood is established and recorded at the birth of a child in a medical institution, the fact of paternity can be recognized voluntarily (application to the registry office), established in court on the basis of certain evidence.
Step 2
The legal basis for the payment of alimony is the obligation of parents to support their own minor children, enshrined in the current legislation. In case of improper fulfillment or non-fulfillment of this obligation, the state may forcibly collect money in favor of the child or his legal representative from the unscrupulous parent.
Step 3
The documentary basis for the payment of alimony is usually a court order. It is issued when the child's legal representative applies to the court with an application for the recovery of alimony. If there is no dispute about paternity, then the court may not consider the case in a general manner, but issue a court order, which simultaneously performs the functions of an enforcement document. This means that this order can be sent to the department of the bailiff service for its enforcement.
Step 4
Another documentary basis for the payment of alimony is a court decision, as well as a writ of execution issued after its entry into force. In this case, there are usually additional issues that need to be resolved in the litigation process (for example, there is a dispute about paternity). After the decision is made, the child's representative awaits its entry into legal force, and then applies for the issuance of a writ of execution. The writ of execution can be presented to the bailiffs for enforced recovery of alimony.
Step 5
In some cases, the child's parents or one of the parents and the legal representative enter into an agreement on the maintenance of a minor. This agreement fixes all the obligations to provide payments, may contain other conditions that do not violate the law and the rights of the child. The agreement is subject to obligatory notarization, after which it also acquires the force of an executive document. If it is improperly executed, the interested party can directly contact the bailiffs with such an agreement.
