The Family Code provides in some cases for the collection of alimony. Alimony is a payment made by one of the parents to support a minor child. If it was not possible to agree peacefully on the issue of money for the son (daughter), then documents should be submitted for alimony to be paid in force.
List of required documents
If the father (mother) of the child flatly refuses to pay money for the child, then it is necessary to contact the court. To do this, you need to prepare certain documents for child support:
- Statement of claim. Here we indicate the information about ourselves and the defendant, we state the circumstances of the case and our requirements. The lawsuit needs to specify the following facts: from what time the defendant refuses to support the child, whether you are divorced or not, whether you tried to find out this problem peacefully, etc. Also, do not forget to indicate the list of all documents that are submitted with the lawsuit.
- Income statements (both of the defendant and the applicant).
- Marriage certificate (if you are divorced - divorce).
- Extract from the house book or a copy of the apartment card.
- A check confirming the payment of state duty.
- Birth certificate of a child.
- Other documents for alimony, which confirm the requirements of the defendant.
Before submitting documents to the court, we recommend that you try again to talk with the father (mother) of the child about the voluntary maintenance of the child and the conclusion of an agreement.
Order order
The procedure for collecting child support will be somewhat simplified if you apply for a court order. It is both a judicial decision and a writ of execution. Such a process goes even without inviting the parties. The judge independently considers documents for alimony within 5 days from the date of receipt of the application. However, in this order, the parent who lives with the child is considered the applicant, and the other parent is the debtor. You can appeal the decision of the justice of the peace within 10 days after receiving a copy of the decision. In especially difficult situations or if the debtor has filed an objection to your application, it is still better to go to court.
Minimum child support amount
As a general rule, alimony will be paid in the amount of 25% of the earnings of the father (mother) or in a fixed amount (if there is no official duty station). The court may recover payments according to this principle:
- if the child is alone, then a quarter of the salary can go to child support;
- for two, one third of the income is withdrawn;
- for three or more - half the earnings.
The amount of payments may be revised if the material situation of the defendant has become better or worse. If the parent, who lives separately, does not have a permanent place of work, then the court has the authority to determine the specific amount of money that he must give out to the child every month. The minimum amount of alimony is not determined, the court decides this issue in each case purely individually. In addition, if the parent receives income in a foreign currency, it may also be recoverable.