Life does not pass without conflicts with others. Each person has the opportunity to settle a controversial situation arising from minor contradictions on their own. But in case of serious disagreements, you have to resort to court proceedings, since in case of infringement of the rights of any citizen, he has every right to file a lawsuit.
Necessary
A package of documents and a well-written statement of claim
Instructions
Step 1
A statement of claim can be filed if civil, property or family rights have been violated and the victim is confident in his rightness. Family rights include child maintenance. The claim must be drawn up in accordance with the law, the slightest violation of the requirements leads to a refusal to accept the claim. The law does not provide for specific situations, as a result of which a statement of claim is filed, only general norms are indicated in accordance with which the situation that has occurred is interpreted, this also applies to a claim to recover alimony from a parent in favor of a minor child.
Step 2
Both parents must be responsible for maintaining their child, as required by family law, therefore, the defendant is obliged to pay at least half of the amount of the subsistence minimum in order for the child to be provided with half of the necessary food and goods.
Step 3
First of all, you need to know that the statement of claim must not contain such details as the name of the court, all data about the defendant and the plaintiff, a description of the circumstances of the case, evidence in the case, a list of attached documents, links to legal documents that are the basis for filing a statement of claim, signature of the applicant.
Step 4
The statement of claim is drawn up in any form, but in accordance with the accepted rules. At the first stage, you need to clearly formulate claims and put forward your claims to the defendant, which must be justified.
Step 5
In addition to the application, the court will need: copies of the divorce certificate and the child's birth certificate, a certificate from the defendant's work, a certificate of finding the child from the housing authority.
Step 6
The claim must be filed at the place of residence of the defendant, but if it is difficult for a parent with a minor child to go to that court, then the law provides for an exception and the opportunity to file a statement of claim at his place of residence. The positive outcome of the case largely depends on a well-written and detailed statement.
