The Family Code of the Russian Federation provides for the obligations of both spouses to support children. Consequently, in case of divorce, the spouse, separately from whom the child lives, must pay alimony for his maintenance. The new edition of the Family Code, adopted in 1996, provided for two procedures for the payment of alimony.
Instructions
Step 1
Before going to court, you should try to negotiate with your ex-spouse about the voluntary payment of maintenance for a minor child. Does the law provide for this form? as an agreement on the payment of alimony.
The agreement can be concluded after the dissolution of the marriage or while still in the marriage. It is very important that such an agreement be certified by a notary, otherwise it has no legal force. In this document, it is necessary to indicate the amount, procedure, timing and method of paying child support.
The spouses or ex-spouses agree on the amount of financial support at their own discretion. But this amount should not be less than 1/4 of earnings or other income for one child, 1/3 for two children and 1/2 for three or more children.
Step 2
If the parents failed to agree amicably, you have to go to court and write a statement of claim. This application should indicate which court it is being submitted to, the last name, first name, patronymic and place of residence of the plaintiff and the defendant.
In the text of the application, it is necessary to describe why it is the plaintiff who demands to collect alimony from the defendant. Usually they write that there is a common child, indicate his name and year of birth, and report from what period the defendant does not live with the child and does not support him.
A number of documents must be attached to the application. This is a child's birth certificate, a certificate from the place of residence, which indicates that the minor child is dependent on the plaintiff, two copies of the application.
Step 3
After the case for the recovery of alimony is considered by the magistrate's court, the writ of execution for the recovery should go to the bailiffs. The plaintiff must submit this document to the bailiff service at the place of residence of the defendant.
After that, the bailiff will initiate proceedings for the recovery of alimony and issue an appropriate resolution, which will be sent to the payer and the recipient of the alimony. Then he will look for the defendant's income through the Pension Fund, tax service, insurance companies.
