Divorce is not an easy process not only for adults, but also for children. In order to minimize financial difficulties for the parent with whom the child is left, a special procedure for collecting child support is provided. She usually begins just after the divorce.
Purpose and features of alimony
Before the parent, who for some time has become independent, the question of resolving material difficulties raises sharply. To ensure decent content for a minor child, you need to know where to file child support after a divorce. Child support obligations are one of the most effective tools among child protection mechanisms. This is financial assistance from a former family member to support the child of the second parent.
The answer to the question of where to file child support after a divorce may be different. It is based on the fact that it is possible to consolidate these obligations using two mechanisms:
- voluntary agreement between parents;
- the court's decision.
The first option involves the provision of financial assistance on a voluntary basis, when the former spouse supports his family left. A specific agreement is negotiated by former spouses. As a result, a special agreement is drawn up indicating not only the size of such payments, but also their form, as well as a specific option for transferring funds. This paper is certified by a notary.
In some cases, the question "where to file for child support after a divorce" may not reach. This is possible if, when parting, the former spouses can independently come to a mutual decision, when everyone understands the importance of material support for the child. Even in this case, if there are disagreements in the future, you can go to court. To avoid additional problems, experts recommend that you initially draw up a mutual solution through certified documents. And then the question of where to file child support after a divorce and what documents are needed for this will not arise before you.
Possible grounds for recovery
Alimony paid by a former family member refers to a certain amount of money as material support for an abandoned child. Before deciding what order of registration and where to file for alimony after a divorce, you need to know if there are grounds for that. Such a recovery is possible in the following cases:
- the presence of minor joint children, which must be provided;
- the ex-wife is pregnant, has a common child, the maintenance of a woman is supposed not only for the period of pregnancy, but also for the next three years after the baby is born;
- the spouse has disabled status;
- care for a disabled child is required;
- the spouse loses her ability to work during the marriage or during the following year after it;
- the retirement age of the spouse at the time of divorce or for subsequent years after it.
Where to file child support after a divorce?
These situations in the lives of citizens are quite common. Perhaps the most pressing question in this situation is where to apply for child support after a divorce? And the course of action is important. The legislation provides two options for this procedure:
- Simplified.
- Optimal.
In a simplified version, the court where to file an application for alimony after a divorce is a justice of the peace. He, in turn, will prepare an appropriate court order. But this scenario is possible only if there are no contentious issues between spouses, including regarding the choice of place of residence for a common child.
An additional condition for the implementation of the simplified option is a certain requirement regarding the size of the amount of alimony. If there is any disagreement, this mechanism cannot be applied.
If order proceedings are started, then the corresponding paper will be ready after five working days after filing the application with the court. If in the next 10 days the other party does not raise any objection, then this order receives legal force and is transferred to execution.
The second option, where to apply for alimony after a divorce, is more complex and lengthy. But in practice, in most cases, they turn to him. Usually, along with documents on divorce, appropriate papers are also submitted to establish alimony, and if necessary, with the requirement to documently determine which of the parents the child will remain with. This is a complex and costly mechanism. To take a winning position and increase the chances of making a decision in your favor, it is better to contact an experienced family lawyer. He will not only give a sample application and explain where to apply for child support after a divorce, but he will also explain all the unclear points. In such matters, the help of professionals is needed.
Lawsuit
When the option of organizing order proceedings is not possible, there is only one option left where to apply for child support after the divorce. This is a statement of claim.
Actually, lawsuit proceedings are not an easy process. Both warring parties participate in it. There is no quick fix in such cases. All controversial issues are resolved within the framework of the court session. Among other things, the judge will determine the total amount of alimony and the procedure for their payment.
As a result of the consideration of the case, a decision is made on alimony. Everything is reflected in a document called the writ of execution. It is transferred for execution to bailiffs. Moreover, this procedure can be performed independently or to issue the necessary application for this in court.
Who should file a lawsuit?
Each of the former spouses has the right to file a lawsuit. It does not matter at all whether he is a defendant or plaintiff in a divorce proceedings. In any case, the question of where to file documents for alimony after a divorce is relevant for the spouse with whom the children remain.
In the vast majority of cases, this role is assumed by the mother. She decides where she will apply for child support after the divorce or during the process.
In exceptional cases, the father takes the children to him. Then he will have to figure out where to apply for alimony after a divorce in order to receive material support from his ex-wife. He has every right to do so.
Which court is applying for child support?
To speed up the process, you need to clearly know where to file child support after a divorce and what the procedure is. Specialists argue that only two courts have the right to consider relevant claims. It:
- District courts. This should be addressed if the spouses cannot independently determine with whom the children will remain. The same authority establishes the final amount of the amount of alimony, and also, if necessary, appoints the establishment of paternity in relation to the child.
- Magistrates' Courts. When the former spouses have no mutual claims, they independently chose the place of residence of the children and they only need to determine the final amount of the alimony.
Understanding which documents and where to file for child support after a divorce, it is necessary to observe the principle of alternative jurisdiction. It states that the choice of venue is up to the parties to the process. It can take place at the place of residence of one or the other side.
Required documents
If the question of where to file documents for child support after a divorce is resolved, you need to prepare the necessary papers. To file a statement of claim, the following papers are required:
- passport and its copy (mandatory presence of pages reflecting the registration of marriage, place of registration);
- documents on the birth or establishment of paternity in relation to the child;
- an application of the established form (it is drawn up in a free form indicating the required details and important aspects of the case);
- marriage or divorce documents;
- papers reflecting the composition of the family, which are handled by the Housing Office or passport office;
- the desired amount of support and their justification.
In cases where the parents were not legally married, an additional procedure is required, namely the establishment of paternity. Without this, the question of where to apply for child support after a divorce (it is too early to look for a sample application in this case) makes no sense, because paternity is not confirmed. But problems can be avoided when the relevant information is already reflected in the birth certificate of children.
If there is no information on paternity in the birth certificate, then a separate determination of the fact of paternity is required in a separate court session. Its result is a prepared court decision.
The peculiarity of registration of alimony is that the limitation period does not apply to this procedure. You can draw up the necessary paper up to the time children reach adulthood.
Statute of limitations is present only in cases of collection of debt for the payment of alimony, it is three years.
How to act when applying to the court?
When submitting a statement of claim, the period for consideration is limited to three months. The term is counted from the moment when the court will be provided with papers that fully comply with applicable requirements and the rule of law.
As soon as a specific case is accepted into proceedings, the judge who leads it will determine the date of the meeting. Relevant notifications will be received by both sides of the process.
A court hearing on child support and determining the place of residence of children is possible only with the mandatory participation of both parties. Therefore, where exactly to apply for child support after a divorce (a sample application is presented in the article), it is better to think about it in advance.
During the trial, the judge will do the following:
- will consider the submitted papers, available evidence in a particular case;
- decide whether in a particular case alimony can be assigned in a fixed amount depending on the total income of the defendant and the availability of certain property for him and the child in respect of whom the procedure is being carried out;
- recognizes the voluntary consent concluded by the parties previously valid or no longer legally binding.
In cases where the judge makes a decision on the recovery of alimony during the court session, this is reflected in the writ of execution.
According to statistics, in the vast majority of cases, the process of establishing alimony is completed in favor of the plaintiff. This is based on the fact that the parent who left the child is required to provide financial assistance. This is reflected in applicable law.
Dates of going to court
If there is a statutory right to alimony, anyone can apply to the court if they have not received them as part of a voluntary agreement between the parties. Where to file documents for alimony after a divorce, any lawyer will tell you if you yourself doubt how to do it right.
Otherwise, alimony is paid for a period of three years, after the case went to court.
Methods for calculating the amount of alimony
What will be the amount of alimony payable in case of divorce of spouses in a particular case? Current legislation limits only the minimum size. But the total amount is always calculated individually, taking into account the peculiarities of the situation.
The amount of alimony is determined by a combination of factors:
- the fact of employment of a person who will have to pay child support;
- his official source of income;
- the presence of other persons dependent on the defendant;
- salary amount;
- current financial position of the defendant.
As a general rule, child support is calculated according to the following rule (% of salary):
- for one baby - 25%;
- for two - 33%;
- for 3 and more - 50%.
It is important to note that this is not the maximum payout. In special cases, the court may decide to pay up to 70% of the amount of official earnings.
Calculating the amount of child support is easiest when the parent who has to pay them has an official job. In the absence of confirmed regular income, in practice, payments in fixed amount are established. In this case, their size is fixed and in no way depends on the size of the defendant's income.
The legislation also stipulates a specific set of payments from which child support cannot be withheld. These include childbirth payments, travel expenses, and some others.
Important nuances of child support
When making payments, it is not enough to know where you need to submit the prepared paper. Be sure to consider a number of additional details. So, if you have a minor child, you must:
- during the preparation of the statement of claim, make copies of all documents used;
- take a special certificate from the Housing Office to reflect the composition of the family indicating the area of housing and persons registered in this territory;
- a certificate from the Housing Office about the place of residence of the former spouse;
- if it is not known where the second parent lives, the court will issue an appropriate search order;
- at the hearing it is advisable to submit preliminary calculations and the justification of the desired amount for the maintenance of the child;
- the plaintiff lists the sources of income of the defendant known to him.
There are several options for resolving the issue of child support. The option of a peaceful solution to this issue through an agreement always remains. And it’s better to agree among themselves than to decide later where to file child support after a divorce. The order of their collection is tedious and unpleasant to both parties. The task of parents is to make every effort for a civilized dialogue and appropriate arrangements. Quarrels and abuse will not only delay the lawsuit, but also negatively affect the child. And this is also important.