Recently, almost one in four couples divorced. In most cases, the child remains with his mother, and in half of the cases, for various reasons, the father refuses to participate in his maintenance. But the Family Code of Russia (Article 80) states that the main duty of parents is to maintain their children until they reach adulthood. This is precisely the basis for the legislative framework, which is aimed at collecting child support.
There are several ways to get child support. The first is a “peace” agreement between parents, which must be certified by a notary. The second method is used when the father (sometimes the mother) does not want to pay funds for the maintenance of the child. In this case, the mother can go to court to apply for child support. As practice shows, the second option to solve this problem in our country is more in demand. In addition to the mother, the application for the recovery of alimony can be submitted by:
- If the adoption was performed by only one person - the adoptive parent.
- Guardian or guardian of the child.
- Adoptive parents.
- Guardianship and custody.
The administration of the institution (in most cases, the orphanage) in which the child is brought up may also submit an application for alimony.
The application to the court for alimony must contain the name of the court in which it will be considered, and all the passport details of the plaintiff (name, registration address, address of the place of actual residence).
Documents required when applying to the court:
- A photocopy of the certificate of marriage with those from whom payment of alimony is required.
- If the marriage has been divorced, then a certificate of divorce is required.
- A photocopy of the birth certificate of those children on whom alimony is charged.
- If the marriage has not been registered, a copy of the paternity certificate is required .
- A certificate from the work of the spouse who is required to pay child support.
After a positive decision is made in the direction of the plaintiff, the defendant is charged at least a quarter of his official earnings for one child, a third for two, and half the amount for three children or more. She will be divided equally among all children.
Sometimes the collection of alimony can be performed in a simplified form on the basis of a court order. To do this, an application for alimony must be submitted to the magistrate's court. Detailed examples of his writing are in the same place. Based on the attached and studied materials, the justice of the peace will decide that the defendant is now obligated to pay child support. In the event that he (the defendant) does not agree with the court order, the order is canceled, and all subsequent claims will be considered in the civil court.
The time from which cash payments will be calculated must coincide with the time when the application for child support will be filed. Over the past time, the collection of alimony will be carried out only in the last three years. And this will be possible only if the court finds out that before applying to him, attempts were made to receive these funds.