How to use a sample claim for alimony? A solid judicial practice has already taken shape, but all the same, citizens have different questions about how to apply the norms of the family code. Which court to apply to? What other subtleties are there?
Why the court
A model claim for the recovery of alimony will be needed by a woman who, for some reason, is deprived of the material support of the father of her children. Today, only the court decides on the collection of alimony, if the parties have not reached an agreement.
Is a lawsuit filed immediately?
Code of Civil Procedure provides a simplified procedure for the trial - the publication of the order. The applicant draws up an application, attaches copies of documents to it. Then he pays a fee in a reduced amount (50%) and transfers the papers to the court.
The peculiarity of the procedure is that the judge makes a decision without calling the parties to the dispute to his office. The second side learns about the result when it receives a copy of the order explaining the right to cancel it within 10 days. Cancellation is made by filing an application with the court of disagreement with the order without any additional arguments.
The right to claim arises if the order is canceled by the judge who issued it or a decision is made on the cassation appeal (no appeal is ordered for the order).
Despite the identity of the content, the sample claim for alimony in this case is somewhat different.
Where to go
Code of Civil Procedure for such actions extends the competence of the world court. At the same time, in the samples of claims for the recovery of alimony, mention is made of district courts. Why is that? The dispute may concern not only child support. If requirements that are jurisdictional to both the district and world courts are combined, priority is given to the district level.
If the case is open, and the lawsuit is already in the process supplemented by requirements under the jurisdiction of the district courts, the justice of the peace terminates the case and transfers it to the court.
Body selection
As a general rule, a lawsuit is filed at the place of residence of the defendant, but the law gives the applicant the right to choose a court of residence in the category of cases under discussion. In the sample claim for the recovery of alimony, a direct recommendation is sometimes given in this regard.
Reasons for receiving payments
The law indicates the following circumstances:
- the presence of common children;
- the common child is not yet 18 years old;
- the child continues to study full-time.
Spouse or spouse, including former, and parents are also entitled to demand child support, however, such cases are rare in practice. For this reason, the Supreme Court is discussing questions about payments for children.
Claim Structure
A sample application for the recovery of alimony has the following structure:
- court name or world trial number;
- information about the plaintiff (full F. I.O., place of residence, contact details);
- information about the defendant (full F. I.O., place of residence, contact details);
- statement of circumstances (the presence of common children, their age or education, evasion of the husband (not necessarily the former) from providing financial assistance);
- a request to provide a recovery in a fixed amount of money or a share of income, depending on the number of children;
- list of attached documents;
- receipt of payment of duty;
- copy of the decision to cancel the court order;
- signature and filing date.
If several requirements are combined, in particular, the establishment of paternity, or the question is raised about the choice of the child’s place of residence, the lawsuit looks different.
The application and the papers attached to it are submitted by the number of participants in the process (usually two sets).
List of attached documents
Judges find out whether the plaintiff or defendant is married or not, although this does not really matter. Nevertheless, a copy of the marriage and birth certificate is always attached.
If we take an example of a claim for alimony, where the defendant has more than one child, the situation is more complicated. Firstly, all children are equal, and their material situation is also taken into account. Secondly, to a greater extent, the material situation of the mother is taken into account.
Sometimes, due to objective circumstances, fathers are not able to pay substantial amounts, and the court appoints less than what was requested in the lawsuit.
If one of these situations arises, certificates of income, subsidies and other payments received are attached.
The judge examines the amount of spending (for utilities, treatment, training, other expenses) based on the provided papers. A sample application for the recovery of alimony offers a general list of documents, the judge will make a clarification if necessary.
How to submit a statement to court
The most common way is to submit documents to the court registry. The applicant’s copy shall bear the stamp and signature of the employee regarding the acceptance of documents.
The secretary of the organization will check the application for compliance with the law, and if there are not enough copies, murals, receipts of payment of the fee, indicate this. Nevertheless, it remains likely that he will not notice the mistake made in the preparation of the claim. In this case, the judge will leave him motionless until the defects are rectified.
Since 2017, an electronic application form for the collection of alimony has been provided: a form for the text will be filled out on the court’s website, electronic copies of documents will be downloaded there, information about the payment of the fee will be transmitted - and that’s all. A lawsuit is considered filed. However, certification by electronic digital signature is required.
Using modern technology allows you not to spend too much time visiting the office.
Is there another way to apply for the collection of alimony if there is no time for the office and there is no access to modern technology? You need to send the paper by mail, not forgetting to make an inventory and a letter of notification.