Cases on the recovery of alimony cover most of the claims, which include not only statements of claim for the recovery of alimony from parents in favor of minor children, but also cases when adult children pay alimony in favor of their parents or grandchildren in favor of their grandparents. But, basically, they go to court in the case of alimony for minor children.
Instructions
Step 1
In accordance with the provisions of the Family Code of the Russian Federation, parents are obliged to bear financial responsibility for their children. Alimony can be collected by signing a voluntary agreement or through bailiffs. Before going to court, it is necessary to agree with the father of a minor child on the conclusion of an alimony agreement, which provides on an individual basis the amount of payments, terms, as well as the necessary additional material assistance for educational, medical and health services. The agreement must be signed by both parents, and certified by a notary (in accordance with Article 100 of the Family Code of the Russian Federation), otherwise the document will be declared invalid. If the parties could not find a compromise, then the next step in obtaining alimony is to go to court.
Step 2
In order to file a claim for alimony, you must provide a list of documents: a copy and original of the child's birth and marriage certificates; an extract from the house book of the plaintiff and the defendant; certificates from the place of work of the plaintiff and the defendant (in the 2-NDFL form or in free form); statement of claim in duplicate.
Step 3
The following information must be reflected in the application itself: the name of the court where the plaintiff applies with the application (at the place of residence of the defendant); the name of the defendant and the plaintiff and their addresses; amount of children; name, patronymic, surname of children, their date of birth.
Step 4
In accordance with the rules established by the Family Code of the Russian Federation, the amount of alimony is determined based on the proportion to the payer's earnings (it can be either a father or a mother, depending on who the child is with): for one child - 1/4 of income; for two - 1/3; for three - 1/2 or more. Alimony is calculated from all types of wages, scholarships, pensions, etc. The amount of payments can be determined not only on the basis of the ratio of the share to the amount of earnings, but also in a fixed amount, if the following circumstances take place: the parent receives a salary in part or in full in kind or in foreign currency; the parent has an irregular income or none at all.
