Family law regulates obligations arising from kinship and family relations. It is an important responsibility to support a family member if he or she needs a livelihood and asks for help. If a citizen refuses to pay alimony voluntarily, it is allowed to enforce the required funds in court. To claim maintenance funds through the court, the needy party must file a claim for alimony.
Necessary
Paper, pen, printer, computer, money
Instructions
Step 1
The following persons have the right to apply to the court to resolve a dispute on the issue of payment and receipt of alimony in case of refusal of material support: one of the parents acting in the interests of the child, a legal representative or a prosecutor; former spouses, grandmothers (grandfathers), stepmothers (stepfathers), actual educators acting in their own interests.
Step 2
A statement of claim for the recovery of alimony is drawn up in writing. The content of such a statement must comply with the requirements of civil proceedings. A receipt for payment of the state fee and copies of the necessary documents are attached to the application.
Step 3
Among the attached documents should be those that confirm the grounds for filing a claim for the recovery of alimony and which justify the need for the applicant to receive funds for maintenance. Official certificates confirming the income of the defendant may be requested in the lawsuit.
Step 4
Claims for the recovery of alimony belong to the category of jurisdiction at the choice of the plaintiff, therefore, they can be brought to court at the place of residence of the plaintiff or the defendant. All controversial issues arising from family law relations with a claim price not exceeding fifty thousand rubles are considered by the magistrate as a court of first instance. Such statements of claim are presented to the office of the district judge.
Step 5
However, if there is a dispute between the spouses about children (for example, with whom of the parents the minor child will live or about the dispute of paternity), a claim for alimony is filed with the district court. The district court also considers applications in which claims for the payment of maintenance funds are combined with other related claims, for example, on divorce or on the division of jointly acquired property between spouses.
Step 6
You can file a statement of claim for alimony after the expiration of the term for the emergence of the right to receive funds for maintenance. It should be borne in mind that alimony is awarded from the moment of going to court.
Step 7
If it is proved in court that, before filing a claim, measures were taken to obtain alimony, but the defendant avoided this, the court may award alimony for the past three years, but no more. This requirement can be stated in the statement of claim immediately upon filing or when it is clarified in the process of considering the case in court.
