The application for the issuance of a court order gives rise to a simplified procedure for the collection of monetary debt and the recovery of property. Order production is provided for a limited number of cases. One of the categories is child support cases.
Features of this type of production
Judicial orders are issued after the application is sent to the court, documents are attached to it, on the basis of which the judge makes a decision on the application.
The peculiarity of these judicial acts is that they are also executive documents. After their entry into force, you can immediately contact the bailiffs. The structure of the application for a court order is slightly different, as described below. The peculiarity of such statements is that the decision on them is made exclusively in the office of the judge. None of the interested parties will be summoned to court. The result will come either in the form of a court ruling or in the form of an order.
When is the child support question raised?
An application for a court order is appropriate provided that:
- The question of establishing paternity or motherhood is not raised.
- Third parties are not involved (for example, the question of the child's stay with one of the parents or relatives is not raised).
Thus, the application for the issuance of a court order should be devoted to one single topic - alimony, which we will discuss a little later.
Which court to file?
With the application for the issuance of a court order, the general rules of jurisdiction work. That is, the applicant has the right to appeal to the justice of the peace at his place of residence. If more convenient, then at the place of residence of the defendant.
The address of the judge serving the respective world section can be found either on the special site of the world justice of the region or on the site of the district court under whose jurisdiction they are located.
Application Writing Scheme
The application for the issuance of a court order to recover child support is written according to the following algorithm:
- the number of the world section or court, if the courts of the peace do not work in the region;
- Name of the claimant, his place of residence or location;
- Name of the debtor, place of residence, location, work, date of birth;
- circumstances causing the need to issue an order (reference to refusal or evasion of the obligation to provide for the child, to the fact of kinship with the child, etc.);
- a claim for the recovery of alimony (what proportion of the expenses the applicant asks to deduct in favor of the child);
- the signature of the person who submitted the documents to the court and the filing date;
- inventory of copies of attached documents.
Formally, there is no need to pay the state fee, but it is advisable to refer in the order to the provisions of tax legislation that exempt the applicant from the obligation to pay it. 2 sets are transferred: one for the debtor, the second for the court - a case is formed from it, which will then be sent to the archive. It is desirable that the document occupies no more than one page, because here it is necessary not so much the art of argument as the presence of all the relevant elements.
What documents are attached?
The main document is the birth certificate of the child, proving his relationship with the claimant and the debtor. Then a court ruling on divorce or a judicial act determining the place of residence of the child. If during a divorce the question is not raised in the lawsuit, the judge will still make a note with whom the child remains. If there was no divorce, then a certificate from the passport service of the police or from the management company about family members is attached.
Return statement
It happens that the application for the issuance of a court order to recover child support is returned. This happens if the requirements for design, content and relevant documents have not been met.
Refusal of Extradition
An application for a court order for alimony leads to a refusal in two cases:
- the debtor is at the time of filing the application abroad;
- there is a dispute about the right: for example, a request to recover a fixed sum of money, which implies the study of a number of circumstances with the participation of the parties.
If the judge sees a dispute regarding paternity, place of residence and other issues related to the child in one way or another, he will refuse to issue an order.
Why do they write?
A sample application for a court order must be sought in two cases in order to:
- to receive an order for further appeal to the bailiffs;
- to be refused in his extradition, so that later there would be no obstacles with the direction of a full-fledged lawsuit.