How to apply for child support? This question is asked by almost every parent who raises children without the participation of a second parent (father or mother). So, to receive child support, you must go to court. To do this, you must attach to your application a certificate of birth of the child (or children), as well as a certificate that the children live with the plaintiff on the same living space. Learn more about all this from this article.
A little about the main thing
What is child support? These are certain monthly payments that are necessary for the maintenance of minor children or elderly parents (the latter sometimes also require financial support from their adult children). Moreover, even a wife has the right to alimony if their common child and husband are not yet three years old, and he refuses to provide them and lives in a separate living space. Unfortunately, this also happens.
General position
Most often, it is women who ask themselves how to file child support if the ex-husband or lover refuses to support their common child? Here it is immediately necessary to say that in order to receive money to provide for a child, the parents of the latter do not have to be legally married. The main thing is that the baby's father is inscribed in his birth certificate. This will be the only reason for the pope to take part in the life of his offspring and transfer funds for his material support.
What actions to take
To receive alimony for a child, the parent with whom the latter lives must apply to the magistrate's court with a statement. As a rule, such cases are resolved fairly quickly (up to one month). If you file a claim for alimony, then the case will be considered according to all the rules of the civil process, that is, with the parties summoned to a meeting. In the event that the place of the parent of the child is known, then it would be best to limit yourself to an application for a court order. This occurs in up to five days.
Important
However, many mothers of children are wondering what documents to apply for child support. So, here everything is much simpler than it might seem at first glance. The list of documents for collecting alimony to provide for the child from the second parent, who in every possible way evades the material content of his offspring, will be as follows:
- birth certificate (both parents must be indicated in this document);
- marriage registration document (if the union of two people was formalized);
- or certificate of divorce;
- a document confirming paternity if the marriage has not been registered (sometimes a judge requires it during the trial);
- a certificate of residence of the plaintiff (one of the parents of the child) with the baby (it must be obtained at the passport office).
After collecting the package of documents, you can go to court. In this case, it is not necessary to pay the state duty, because it is a question of protecting the rights and interests of children.
Nuances
How to apply for child support if the mother of the child does not know where her ex-husband is? In this case, she can go to court at her place of residence. The law allows her to do this. After all, a woman lives together with a minor child. Consideration of cases of the recovery of alimony is handled by a justice of the peace. Nevertheless, if the father of the child is not indicated in the birth certificate of the latter, then it will be necessary to first establish paternity, and then to recover funds for the maintenance of the baby. If two issues are resolved simultaneously, then such cases are already considered in the district court. You must know about this.
FAQ
How to apply for alimony if one of the child’s parents evades the maintenance and communication with his son or daughter? To do this, you need to seek help from a judicial authority. Only this authority is authorized to decide on the enforcement of child support from an irresponsible parent. The justice of the peace considers such cases very quickly, after which she makes a decision and issues a writ of execution or a court order.
What amount will the father pay for two children if he does not work anywhere? In this case, it is possible to recover funds from him for providing children in a fixed amount. This is usually done in practice when the respondent does not have official income.
If alimony is recoverable in percentage terms (for two children it is 33% of the salary) from an unemployed citizen, then bailiffs will calculate alimony based on the average salary in Russia. And this is quite fair.
What other situations are there?
It often happens that parents, after their children become adults and independent, also file for child support. Here, many citizens have a legitimate question: how is this possible? Indeed, if a father left his family and did not help his son or daughter financially, then the latter also have the right not to help such a parent. Nevertheless, according to the norms of the current law, it turns out that if a mother or father did not live together with their children while they were minors, but were not deprived of their parental rights, they can apply for alimony.
In some cases, the court takes the side of such parents and exacts child support from adult children. But, if at the meeting the defendant will be able to provide evidence that the father or mother did not pay money for his maintenance, did not engage in upbringing and did not participate in the life of his offspring, then the plaintiff will be denied the requirements. This practice exists.
In addition
Despite this, some citizens are wondering about how parents who left them and did not raise them for child support. How is this possible in terms of morality? Here the fact is that child support from adult children for the maintenance of parents is collected in court. But this is done if the parent has become disabled:
- disabled person;
- reached the age of 60 years.
Of course, decent elderly people want their children to live with dignity and never ask for anything from them, even if the pension is very small and there is almost nothing to live on. Nevertheless, some parents, knowing that adult children have a good income and are financially independent, try to collect child support from them, regardless of whether they raised them from childhood or not. Unfortunately, but this also happens.
If a woman left her children
In a similar situation, her ex-husband may file child support for the maintenance of common babies. Unfortunately, but at present, many fathers raise a child or children without a mother. Because the latter left the family and lives its own life or is deprived of parental rights.
In the event that the father has filed an alimony to provide for common children, the former spouse will have to pay them. She will do this regardless of her income and permanent work. Otherwise, the woman will be held liable for non-payment of alimony. This should be known to all mothers whose children live with their father, her ex-husband.
If people are married
Unfortunately, even if people are officially married, this is not a guarantee that they will live happily ever after, help each other in everything, and raise common children. It often happens that a husband leaves his wife with a child and leaves to live in another apartment. These people remain legally married and not divorced. But the man does not consider it necessary to help his family financially. What should his wife do in this situation? How to file for alimony in marriage? In such a situation, a woman needs to go to court and write an application for a court order for alimony. If the baby is not three years old, then the wife also has the right to receive maintenance from her husband. You need to know about this.
In addition, evidence must be provided that the man does not help his family and lives separately. Also, a certificate from the Federal Migration Service stating that the child is registered and lives on the mother’s living space must be brought to court. Here you need to remember that the interests of children are in the first place. Therefore, in order to recover child support from another parent who is not involved in raising his child, in this case there is every reason. You also need to know about this.
To the above
How to apply for child support if married, if the child is registered at the place of residence of the husband, but lives with his mother? Such a question is often asked to lawyers by women who are faced with problems of divorce and recovery of funds for the material support of a common child from an unscrupulous father. So, here it will be necessary to provide a court certificate from the district police officer, who knows that a woman lives with her child and takes care of him alone without the participation of a second parent. It is very important. Also, the fact that the child lives with the mother can be confirmed by colleagues, relatives and friends, neighbors.
Interesting
In modern times, many couples do not consider it necessary to formalize their relationship. This is good for men, but not for women. Indeed, in the event that a child is born in such an union that the woman’s partner does not recognize, she will have to go to court to establish the paternity of the latter. This is not a very pleasant procedure. Therefore, it is necessary to strive to ensure that children are born into the world in a legal marriage.
Nevertheless, many young girls are interested in the question of how to file child support for a former boyfriend if the child is already born and the latter does not want to recognize the baby? First you need to establish the paternity of a man and enter it into the document on the birth of a common child. And only then to apply for child support for the maintenance of the child. Because, if there is a dash in the birth certificate of the baby, then it will not work to recover funds for its provision from the father.
brief information
Where to apply for child support if the ex-husband voluntarily transfers money to support the children of the ex-spouse? In this case, you do not need to go anywhere. Indeed, in court, funds for the maintenance of common children are recovered from parents only when they do not help their children. If the father transfers alimony voluntarily and communicates with the children, then you should not contact the justice authorities. However, ex-spouses can draw up an agreement on the payment of funds to provide for babies and notarize them. This document will guarantee that the father will steadily pay alimony to his children until they are 18 years old. In practice, such an agreement is applied in extremely rare cases.
Additionally you should know
Where to apply for child support when the child’s father lives in another city? In such a situation, the law does not prohibit the baby's mother from filing a lawsuit with the magistrate's court of her locality. Moreover, many women do this.
If the husband filed an alimony for his ex-wife, who already pays money to support their child, then what should be done last in such a situation? The woman needs to continue to transfer funds for the child to her ex-spouse. Or try to defend in court your right to live together with your child. Especially if the mother is not deprived of her parental rights.
Can grandparents file alimony if grandchildren live with them, and not with mom and dad? Yes, this is possible. But, if parents are deprived of their rights to babies, and grandparents are considered the official guardians of grandchildren.
Conclusion
Is it possible to apply for alimony if the husband and wife live on the same territory, but do not actually have a joint household and the spouse does not provide the last means for the maintenance of common children? To do this is quite possible. Moreover, if the husband does not work anywhere and does not want to provide for his children.
How to file for alimony in marriage? This is another serious question that worries women who remained with a small child in their arms after the husband left to live in another living space? In this case, the woman needs to go to court and collect child support not only for the child, but also for her own support (if the baby is not three years old). The court always protects the interests of children.