Sample application for alimony 2020 without divorce

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Most often, the issue of child support by parents is raised during a divorce, but this does not mean that a registered marriage is a guarantee of the protection of the child’s rights to financial support. It often happens that the relationship between parents is officially registered, but for various reasons they live separately.

The reasons why a husband and wife do not divorce have no bearing on the fulfillment of parental obligations towards children. If a son or daughter is fully supported by one of the parents, and the other parent does not fulfill parental responsibilities, alimony can be recovered from him in court - even without a divorce. It should also be said that not only the child, but also the wife (during pregnancy and the period of child care until the child reaches 3 years of age) has the right to receive financial assistance from her husband, and if he does not provide for his wife voluntarily, money can be forcibly collected by court.

Read on to learn what to include in your claim, where to file it, and what to expect.

How to file a claim for spousal support?

A claim for the recovery of alimony in marriage must necessarily comply with the requirements of civil procedural legislation, that is, include all the information listed below. If the claim is drawn up with deviations from the law, the court may refuse to accept it and return it to the plaintiff for correction.

Use the recommendations below to correctly draft your own statement of claim.

So, the claim must contain the following information:

• name of the judicial authority;
• information about the plaintiff and defendant (full name, place of residence);
• information about a minor child (full name, date of birth, place of residence);
• The title of the document is “Statement of Claim for the Recovery of Alimony...”
• circumstances: when the marriage was concluded, when the children were born, whether parental responsibilities for financial support of children are fulfilled (with reference to supporting documents. Particular attention should be paid to the collection of documents and other evidence of the parent’s failure to fulfill responsibilities for material support of a minor son or daughter);
• requirements for the court to collect alimony from the defendant for minor children;
• list of documents attached to the claim;
• date of application;
• signature.

How is the payment amount determined?

How is the right to collect child support during marriage determined?

If your children live with you on a permanent basis, and there is documentary evidence of this, you have every right to receive financial assistance from a spouse who does not live with you.

It all depends on how much income the second parent has. So, if the amount of this income is constant, then the amount of the payment is calculated as a percentage, depending on the number of children who require financial support. For example, for one - a quarter of the parent’s income is assumed, for two - a third, for three and sick - half of the income.

If the parent’s income is constantly changing or he carefully hides it, trying to avoid providing financial assistance, payments are assigned in a fixed amount. Their size does not depend on the parent’s income.

Next, we will look at the situation when an application for alimony in marriage is written, and we will also answer all the questions that arise for many parents who have decided to take this step.

Documentation

The statement of claim is submitted to the court not in a single copy, but in two - for the plaintiff (with a note from the court office about the acceptance of the document) and directly for the court. The plaintiff is also obliged to notify the defendant and send him a copy of the statement of claim - by virtue of clause 6 of Art. 132 of the Code of Civil Procedure of the Russian Federation (innovation from October 1, 2020).

application document is submitted in the same number of copies

• A copy of the passport of the plaintiff and defendant;
• A copy of the marriage certificate;
• A copy of the child's birth certificate;
• Extract from the house register - about the place of residence of a minor child (issued by a housing organization);
• Certificate of income of the defendant;
• A copy of the notice of delivery of the package to the defendant or other documents.

In addition to the above basic documents, you will need to provide the court with evidence of the parent’s failure to fulfill his obligations to provide financial support for his son or daughter (see “How to prove that the father or husband did not pay child support”).

Establishing paternity

Can a woman apply for alimony if the marriage is not registered? If the mother and father are not in a registered marriage, then a paternity establishment procedure is necessary to enter information about the man into the child’s documents. It is issued voluntarily and compulsorily.

To voluntarily resolve the issue, the consent of the mother and father of the child is required. The parties apply to the district registry office at the place of registration of the minor’s birth with a general application to include information about the man in the child’s documentation.

Mother and father pay the state fee. In 2020, its size is 100 rubles. for establishing paternity and 100 rubles. for issuing a new certificate. The child's old document is declared invalid.

From this moment on, the man is considered the official father of the minor. Now he is vested with parental rights and responsibilities in relation to him, including financial support.

A woman cannot confirm information about a man’s paternity if she:

• died;
• deprived/limited parental rights;
• declared incompetent/limited in legal capacity;
• declared missing/deceased.

In what situation does a man apply to the registry office on his own? As additional information, a resolution of the district guardianship and trusteeship authority on the possibility of establishing paternity is provided.

To receive it, a citizen submits to specialists a statement and evidence of his paternity:

• an extract from the house register that the parents were registered together;
• joint photos;
• data on health status (absence of mental illness, alcoholism, drug addiction);
• witness statements.

When making a decision, the guardianship authority is guided by the child’s right to life in a family. Having an official father is in the best interests of the child, so permission is granted in most cases.

Important! Specialists of the guardianship authority can independently request information about the man’s criminal record for a complete description of the person. The person's consent to receive data is not taken into account.

If one of the parties refuses to voluntarily establish paternity, the interested party may go to court. The plaintiff provides justification for the claims, and if necessary, the court orders a genetic examination. Based on the test results, a court decision is made.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Data about the father is entered based on a court decision, regardless of the man’s wishes. The claim can be filed independently or together with demands for recovery of financial security.

Application deadlines

The provisions on limitation periods established by civil law do not apply to family legal relations and the claims arising from them (including alimony).

According to this, a claim for alimony can be filed regardless of the time frame in relation to the conclusion or divorce of a marriage. The only thing that should be taken into account is that alimony is collected only for minor children; in special cases, alimony can be collected for the previous three years.

Methods for collecting alimony payments when parents live together

If you find yourself in a difficult life situation, you should not be discouraged.

The issue of maintaining a common child can be resolved in two ways:

• by drawing up an official document - an agreement;
• filing a claim.

The first method is possible with a conscious attitude to their responsibilities by both spouses.

Through peaceful negotiations, they decide how much money their growing children need to meet their immediate needs. This agreement has great force; it is equated to a judicial writ of execution.

The document must necessarily be certified by a notary office, then it is considered official.

The amounts stipulated here may even be recovered by force. The only condition is that the monthly amount of payments for the child should not be lower than the one that (hypothetically) will be awarded to the child by law.

The agreement provides for different forms of payments - as a percentage of the father’s (mother’s) income or a fixed amount if the parent does not have a permanent job.

The terms of payments and their frequency are discussed. Such documents are rarely drawn up, since they are possible only if good relations between spouses are maintained.

More often than not, an irresponsible parent leaves no choice. The only option left for the second spouse is to go to court.

The legal process is longer and more expensive; you will have to collect the necessary documents and prove your case to the servants of Themis.

As for the state duty, its payment (150 rubles) is the responsibility of the defendant. The plaintiff will have to prepare for the trial. In addition to a well-drafted statement of claim, he will need to support all his arguments with the help of relevant facts.

Where to file a claim for spousal support?

The general rule is that an application for alimony is submitted to the magistrate’s court at the defendant’s place of residence. If it is not known, the application is submitted at the last known place of residence or at the location of the defendant’s valuable property - by virtue of clause 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In special cases, it is allowed to file an application at the place of residence of the plaintiff , if valid reasons (illness, caring for young children) do not allow him to go to court at the place of residence of the defendant.

The court will examine the circumstances of the case, listen to both sides and make a decision. In most cases, the court takes the side of the mother and child - the father is obliged to pay alimony in favor of the minor. This is reported in the writ of execution. Next, the mother needs to take the IL to the Bailiff Service or transfer it to the accounting department at the defendant’s place of work. Already from the husband’s next salary, the child will receive the due alimony (see “How long to wait for the first alimony”).

The statement of claim must be drawn up according to the rules of office work.
The slightest inaccuracies and errors with calculations lead to the abandonment of the claim without movement or its return to the plaintiff. Before making a statement, it is necessary to analyze the situation. If the situation allows, reach an agreement with the child’s father and send not a claim, but a regular application to the court. The magistrate will issue a court order on the basis of which alimony can be collected in special proceedings without filing a lawsuit. Otherwise, you need to prepare for court hearings - collect reports, correspondence, certificates and other documents. If you need help in drawing up a claim, determining jurisdiction, state fees and deadlines, contact the lawyers of our website for advice. They will help you understand the legal side and file a competent, balanced claim. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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How does the trial work?

If an application for an order has been submitted, the process is carried out without summoning the parties.

The court either satisfies the demands or sees in them a dispute about the right and explains to the applicant the right to apply to the court in the manner of claim proceedings.

If a claim is filed, the process is as follows:

• The plaintiff submits an application to the reception office of the magistrate of the relevant area.
• The court reviews the documents and either refuses to accept the claim on any legal grounds or schedules a court hearing.
• The court notifies the parties of the hearing.
• The court hearing is conducted on adversarial principles. Each side presents its own arguments, and may refuse any comment and even acknowledge the demands.
• The court considers the parties' arguments, as well as the evidence they provide, and makes a decision.
• After the decision comes into force, the plaintiff can receive it along with a writ of execution and submit it to the bailiff service for enforcement.

Each party must prove the factors it relies on for itself. To do this, you can use documents, as well as witness statements.

In what cases can a spouse’s claim be rejected in court?

There are situations when the mother cannot obtain child support. It happens:

• with unproven paternity;
• if the wife’s salary is several times higher than the husband’s income;
• when a lady receives various benefits;
• if the mother cohabits with another man who assists her in maintaining the minor.

In such cases, the judge may consider the collection of alimony payments inappropriate.