In accordance with the Family Code of the Russian Federation, parents are obliged to support their own children who have not reached the age of majority. An adult is a citizen aged 18 years or more. Parents can voluntarily establish the form and procedure for providing support for their children, but such issues are most often resolved through the courts.
Necessary
- - statement of claim,
- - power of attorney (if necessary),
- - an extract from the house book,
- - Marriage certificate,
- - certificate (s) of the birth of the child (children),
- - a receipt for payment of the state duty in the amount of 100 rubles,
- - other documents at the discretion of the plaintiff.
Instructions
Step 1
In the case of the consent of both parents, they can conclude an agreement on the payment of alimony, which is concluded in writing and must be certified by a notary. If the parents have irreparable disagreements on this issue, the amount and procedure for collecting funds for alimony is established by the court.
Step 2
Cases for the issuance of a court order are considered by justices of the peace. Claims for the recovery of alimony, as well as challenging or establishing paternity, fall under the responsibility of federal judges. The amount of the state duty for considering a claim or an application for the issuance of a court order for the recovery of alimony is 100 rubles.
Step 3
The plaintiff himself has the right to decide whether to submit an application to the court at his place of residence or at the place of residence of the defendant.
Step 4
The claimant must personally sign the application for the recovery of alimony. In addition to the claimant himself, his representative can sign the application, but in this case, a power of attorney will also need to be attached to the application. The rest of the documents that are submitted along with the application are listed in the "You will need" section.
Step 5
The court issues an order within 5 days from the date of receipt of the statement of claim for the issuance of a court order. The order is made by the judge, without calling any proceedings or calling any of the parties.
Step 6
Thus, the application for the recovery of alimony together with the documents attached to it is submitted to the district court, the application for the issuance of a court order for the recovery (and the documents attached thereto) - to the magistrate in person or by mail. World and federal judges conduct personal reception on a first-come, first-served basis. Office hours at federal and justices of the peace in Moscow: Monday from 9:00 to 13:00, Thursday from 14:00 to 18:00.
