How to apply for child support if the child’s father (mother) lives in another city

How to collect child support if the second parent lives in another city? Conclude a notarial agreement
Go to court

Where to file a writ of execution if the alimony holder lives in another city?

Is it possible to collect alimony debt if the payer has moved?

Regardless of their place of residence, parents are obliged to support their minor children (including paying alimony ) until they reach the age of 18: the alimony holder lives in the same or different cities with the claimant, or one of them changes his place of residence and moves to another locality - alimony obligations are preserved in full .

If it is necessary to initially collect alimony from the child’s father (mother) or (former) husband (wife) living in another city, civil law provides for the right of the claimant to apply to the court for the assignment of funds at his place of residence, and not only at the location of the defendant. The procedure for transferring a writ of execution after the court makes a decision depends on whether the location of the alimony payer is known or not.

If the location of the alimony payer is unknown, and arrears have already arisen , bailiffs are obliged to solve the problem by putting the defaulter on the enforcement wanted list in the Russian Federation (in whatever city he is located).

How to collect child support if the child’s father (mother) lives in another city

The process of applying for alimony does not depend at all on the location of the payer and the claimant and complies with the general provisions of the law. As in the case of the child’s parents staying in the same city, the assignment of financial assistance can occur in two ways:

by mutual consent of the parents - by concluding a notarial agreement if there are no objections from both parties;
forcibly - through the court.

Lawyers advise parents to try to resolve the dispute over payment of child support voluntarily with a notary (peacefully), since this method requires less time and effort. If one of the parents refuses to make contact, or the father and mother of the offspring are irreconcilable in their disputes, it will be necessary to file a lawsuit .

Voluntary method (at a notary)

According to Art. 99 of the Family Code (FC) of the Russian Federation, a voluntary method means a compromise between the father and mother of a minor child on all aspects of payments:

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Monthly amount.
Payment deadlines.
Method of transfer and other important nuances.

To conclude an agreement, the parents must visit a notary together , that is, the mother or father must make concessions and come from another city to visit the notary’s office. You must have the following documents with you:

Passports of both parties.
The child's birth certificate, even if he already has a passport.
Certificate of marriage or divorce.
A certificate of income of the alimony payer no less than for the last 3 months, if the amount is collected as a percentage of the salary.

If the son or daughter for whom alimony will be paid is already 14 years old, then the child’s presence in the notary’s office is mandatory during the conclusion of the agreement.

Prices for notary services may vary depending on the region. For example, in 2020 in Bryansk, you will need to pay 5,250 rubles . One of the parties has the right to pay for the service independently, or the payer and recipient bear the costs equally.

In court (magistrate's court)

The forced method is used when one of the parents evades child support and refuses to register a voluntary agreement. In this case, the person with whom the minor lives has the right to receive payments in court (Part 2 of Article 80 of the RF IC). Alimony cases have worldwide jurisdiction .

Part 3 of Article 29 of the Code of Civil Procedure (Civil Procedure Code) of the Russian Federation provides for an alternative procedure for going to court: that is, an applicant for alimony can file a claim in any magistrate’s court , both at the place of residence of the defendant (in another city) and in his own locality. If the defendant's address is unknown , the proceedings will also be heard at the place of residence of the plaintiff-applicant for alimony.

It is more advisable to take advantage of the right granted by law and go to court at the location of the recoverer of funds , since in this case it will be convenient for the applicant to attend court hearings and personally defend his claims.

If the claimant nevertheless applies to the court at the location of the defendant in another city and, accordingly, will not have the opportunity to attend court hearings, it is best to draw up and send to the court a petition to consider the case without the participation of the plaintiff and support his claims in in full.

In the Sovetsky District Court of Krasnodar, Krasnodar, st. Petrenko, 9

Plaintiff: Larina Olga Grigorievna Moscow, st. Sadovaya, 17, tel.: xx-xx-xx

Defendant: Larin Stepan Sergeevich Krasnodar, st. Dubovaya, 118, tel.: xx-xx-xx

Request for consideration of the case without the participation of the plaintiff party

The Sovetsky District Court of Krasnodar is in the process of collecting alimony from the defendant Larin S.S., born in 1980, in favor of his daughter, who has not reached the age of majority, Larina Alina Stepanovna, born in 2012, in the amount of 1/4 of the total income defendant.

Based on Part 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, I ask the court to consider the case without my participation due to my remote place of residence and the inability to attend the trial.

I insist on the stated claims against the defendant in full.

03/12/2019 _____________ /signature/

List of required documents

According to the regulations of the Code of Civil Procedure of the Russian Federation, a package of documents is attached to the statement of claim.

List of documents attached to the statement of claim in the alimony case:

photocopy of the statement of claim;
the child’s birth certificate (a copy is provided), where the name of the defendant is indicated in the column about the father;
a copy of the marriage certificate or divorce certificate;
an extract from the house register stating that the minor lives with his mother (or with his father, but in most cases it is the mother who applies for child support);
a number of other documents that substantiate the claim.

If the plaintiff does not comply with the requirements established by the Code of Civil Procedure, or has not provided all the documents, the judge has the right to return the claim to make adjustments and provide a full package of papers.

If mistakes are made in the statement of claim, the plaintiff has the right to submit it again, but the procedure will take time.

Where to submit a writ of execution for alimony if the payer lives in another city?

The result of the court hearing on the collection of funds for child support is an executive document - a court order or writ of execution . They stipulate the defendant’s monthly alimony obligation (in what fixed amount or share of income the funds are collected from the person).

, the territorial division of the SSP is obliged to comply with the court order :

at the place of residence or stay of the defendant (in most cases - the father), if known - Part 1 of Art. 33 of Federal Law No. 229-FZ of October 2, 2007;
at the place of residence of the claimant (most often the mother), if the payer’s address is unknown - until information about the location of the debtor or his property is established (Part 4 of Article 33 of the Federal Law No. 229-FZ of 02.10.2007).

Procedure for the claimant if the bailiff for alimony is located in another city (step-by-step instructions)

If, after moving, the payer’s residential address in another city is known, the claimant must necessarily send the original writ of execution after receiving it to the SSP department at the defendant’s place of residence . The address of the territorial government agency can be found on the official website of the FSSP.

The following documents are attached to the writ of execution:

An application for initiating enforcement proceedings

Bank account details of the recipient of funds . Please note that bank details and bank card number are two different things. Details mean detailed information about the current account, INN and BIC of the bank. Without it, the bailiff will not be able to calculate alimony.

It is necessary to send a registered letter with notification so that the documents are not lost. This type of correspondence will be evidence that the information was actually transmitted by the claimant.

How should I write an application?

A claim for alimony payments is drawn up on the basis of the regulatory requirements of the Code of Civil Procedure of the Russian Federation, Art. 131 and consists of the following sections:

a cap. The following are recorded here: the name of the judicial institution and its address, passport details of the plaintiff and the alimony payer, contact numbers and residential address, a third party participating in the proceedings (for example, a guardianship authority);
. It is the main part of the document and includes: clarification of the relationship between the plaintiff and the defendant, a description of the grounds for demanding alimony payments, a list of evidence why the plaintiff needs payments;
requirements. In this section, the applicant: indicates what is more convenient for him - to receive financial assistance in a fixed amount of money or as a percentage of the defendant’s income, explains his choice (he will definitely have to provide information about the defendant’s salary), calls witnesses (their personal and contact information is written down);
attached documentation. Here is a list of papers attached to the statement of claim and their number.

The statement of claim can be written by hand or prepared in printed form using a computer.

What to do with bailiffs if the alimony debtor has moved to another city?

Sometimes in practice the following situation may arise: alimony proceedings were initiated in one city, and the payer, for some reason, left and lives in another locality. If the alimony provider is conscientious, the payment of funds continues, and essentially this circumstance does not change anything for the recipient. If the person obligated for alimony has incurred a debt for a certain period , the claimant of financial assistance will need to make certain efforts to solve the problem of collecting this debt.

The powers of the bailiff are determined territorially: if the debtor is located in a territory that is not under the influence of a government agency employee , he is obliged to transfer the original enforcement alimony case to the department that oversees the debtor’s city of residence. The alimony payer will be put on the executive wanted list if the claimant or the bailiff becomes aware that he has changed his city of residence and has not reported the address of the new location.

The announcement of an executive wanted list can be initiated by the official himself, or at the request of the recoverer . After investigative measures have established the location of the defaulter in another city, the bailiff will decide to transfer the alimony case to the SSP department that is territorially authorized to apply enforcement measures against the debtor.

Bailiffs of another city will be required to notify the alimony provider of non-payment and responsibility for it in one of a number of ways:

How to transfer enforcement proceedings for alimony to another city?

An enforcement case regarding alimony debt can be presented to another branch of the SSP by bailiffs or by the collector himself personally . Before sending a package of documents to the department at the new established location of the payer, the bailiff leading the case is obliged to:

make a decision on redirecting alimony proceedings and draw up a deed of transfer of the case;
on the next working day after the decision is made, send the case to the appropriate branch of the FSSP Office of another city.

The claimant has the right to personally transfer the alimony file so that the necessary documents are not lost, damaged, lost, or can entrust this to the bailiff service. Unfortunately, cases of lost cases redirected by mail often occur, and it is difficult, and often almost impossible, to restore lost documents and hold someone accountable for this.

If the recipient of alimony has the opportunity to personally transfer the case to bailiffs in another city, it is better to choose this option.

If the alimony recipient independently forwards documents, he must leave a receipt with the bailiff for receipt of the case for its subsequent transfer to the department at the established location of the payer. When the papers arrive at the authority of another city, in whose territory the defaulter lives, the bailiffs of this division begin work on enforcement proceedings in order to collect funds from the debtor.

Judicial collection of alimony

If by the time the decision is made neither the ex-spouse nor his property or funds have been found, then further search activities will be carried out by the bailiffs. To do this, they will need a decision and a writ of execution issued on it. If the claim or later indicates a requirement for its transfer through the court, then the document will automatically be sent to the bailiffs. Otherwise, you must obtain it and contact the FSSP yourself.

Bailiffs, just like before law enforcement agencies, will establish the location of a person and the presence of property. FSSP employees have the authority to demand the seizure of the property of alimony debtors or other measures of influence. For example, a ban on leaving the country.

How can you obtain alimony from the payer if nothing is known about his place of residence?

In fact, the question of how to collect alimony when there is no information about the defendant should not cause difficulties. In this case, a lawsuit is filed with a request to search and recover the amount. To award financial support to children, it is not necessary for a parent to provide information about his place of residence or work. If the paper is not accepted at the office, it can be sent by mail.

Attention!

If the applicant does not have information regarding the situation of the payer and his place of residence, then this reason can be directly indicated in the application. As an alternative, register your own address.

Sample statement of claim

The plaintiff who files the application is interested in how to correctly draw up a claim and what requirements are presented to it, as well as what documents are attached.

The Code of Civil Procedure provides for the requirements that a claim must meet. It is drawn up in writing indicating the information:

the name of the court to which the application is being submitted;
details of the plaintiff: last name/first name/patronymic, where he lives, and other important information from the identity card;
information about the defendant: name, place of residence or lack of information about the location of the second parent, information available to the plaintiff is indicated;
the requirements presented to the defendant are explained;
reference to legislative acts as justification for the requirements.

here for reference .

How to file a claim

We remind you! You can have your situation assessed by a family lawyer - free of charge. Call!

The statement of claim for recovery is filed at the last place of residence of the applicant or the location of his property. If no information is known, then you can contact the registration address of the child, and therefore the applicant.

Art. 29 of the Code of Civil Procedure determines the measure of behavior that the plaintiff must implement if the payer’s place of residence is unknown.

Voluntary payment of alimony

If the child’s parents living in different cities decide to independently resolve the child support issue, then to conclude an agreement they will need to complete the following steps.

Decide on the conditions for transferring alimony

Parents need to decide on the following conditions:

amount of alimony;
procedure for accruing money: in a fixed financial amount, as a percentage of income, in a one-time cash payment;
method of transferring funds: by mail or bank transfer, cash;
frequency of transfers: every month, quarter, year, in a one-time payment;
liability of the alimony provider for failure to fulfill financial obligations (for example, a fine);
grounds for terminating the alimony agreement or reducing the amount of payments (the child reaches the age of 18, the alimony provider has disabled dependents, etc.).

The amount established in the agreement cannot be less than the amount of alimony that the court would determine in similar circumstances. If the text of a document violates the property rights of one party or another, then it can be declared invalid in court.

Confirm the agreement

After the document is drawn up and signed by both parties, it must be certified by a notary. Parents themselves agree on which city the certification will take place. If, for example, a mother lives with small children, then the father can come to her.

Along with the agreement, parents will need to provide the notary with:

passports;
divorce certificate;
birth certificates of common children (or their passports, if they are already 14 years old).

Parents can draw up the text of the document directly from the notary. In this situation, along with certification, the cost of a specialist’s services will cost approximately 5-10 thousand rubles.

Who will look for the applicant

If the application itself can be submitted at the last known place of residence/work, then in order to make a decision on the collection of alimony, it is necessary to ensure the presence of the potential payer in court. And if the place of residence is unknown, then the court is entrusted with the obligation to put the person on the wanted list.

Search activities to find a citizen begin on the basis of a judge’s ruling. This procedural document is being processed.

Art. 120 of the Code of Civil Procedure determines the need to organize search activities when collecting alimony in a fixed or percentage amount.

The alimony act has been received - what to do next?

In this case, the act of alimony means a court decision on collection, but, in addition to it, a writ of execution is drawn up, which is subsequently transferred to the bailiffs. They are the ones who are authorized to collect money from alimony workers. During the search, they establish the whereabouts of the father, his place of work and the amount of his salary, and calculate the amount of alimony.

If the payer lives in another city, this is not an obstacle, and the case materials are transferred to the place of his actual location or registration.

Search as part of a trial

Applying for child support is the first thing a parent who is actually raising minor children can do. And if it is unknown where the second parent is, the court will take all necessary measures to find him.

If the person’s presence is unknown, you need to prepare for a delay in the legal process. The delays are due to the fact that the court is obliged to order search activities, which require time.

So, the court ruling is sent to the Ministry of Internal Affairs. Internal affairs officers establish the location at the last known place of work, registration, location or property. If the search does not produce results, then queries are sent regarding:

tax and pension fees;
registered vehicles;
real estate in possession.

Attention!

If there are no leads, then the court has the right to consider the application without determining the location of the defendant. The amount of alimony collected from the applicant will most likely be minimal.

Question:

What will be the court decision if the spouse is not found?
Answer:
A decision is made in absentia proceedings, it is mandatory for execution and is transferred to the SSP for execution. If there are no payments from the defendant for more than six months, the state will pay the minimum.

Voluntarily by agreement of the parties

If the parties decide to resolve the problem peacefully, they can draw up an agreement.
It must be certified by a notary, so one of them will have to either come to the city of residence or act through a legal representative, for whom a notarized power of attorney is also issued. What the agreement should contain:

Amount and procedure for paying alimony. Former spouses can choose either a flat rate or a percentage of their salary depending on the number of children. For one child 25% is paid, for two children 33%, and for three or more minors - 50% of the average monthly earnings of the child support recipient.
For what period is the agreement drawn up? If it does not indicate a specific period, it will be valid until the child reaches 18 years of age.
In what order is it possible to terminate or change the contract. Here you can indicate this possibility by agreement of the parties, or through the court.
The procedure for indexing alimony payments. If there is no such item, indexation is carried out in proportion to the increase in the cost of living in the region. The rules established by Art. 117 RF IC.

You will have to pay a notary fee to certify the document. For 2020, the amount is 5,000 rubles. The parties can divide this amount equally, or one of them assumes the obligation to pay - this moment is not regulated by law, but when contacting a notary, a corresponding receipt is provided, without which he will not act.

Is it possible to apply for alimony if the husband’s place of residence is unknown?

Spouses often stop communicating after a divorce. Not all fathers strive to financially support their child. Most of them even change jobs or move to another country. In this case, the ex-wife should know the procedure for filing for alimony if the husband’s place of residence is unknown.

Procedure

If the mother has applied to the court in order to establish the place of residence of her ex-husband in order to collect child support from him, the judge will begin a search. The case is transferred to the internal affairs body, where a group of employees will carry out certain search activities. To simplify their activities, you will need to provide outdated data about his location and place of work.

To carry out operational investigative activities, you will need to provide the following information:

The place of the former spouse who is assigned permanent or temporary registration;
Availability of a vehicle owned by a former spouse;
Address of real estate owned by the potential alimony payer, and so on.

However, even if no information about the spouse is known, this is not a reason not to initiate legal proceedings. It is considered without the participation of the defendant and is executed legally. Under certain circumstances, even the mother may not be present at the court hearing on the appointed day. The law allows this.

Filing a claim

But in order for the court decision to satisfy the plaintiff, it will be necessary to pay close attention to the preparation of the statement of claim. The document is submitted in two copies. One is provided to the court, and the second to the defendant, if his place of residence is known.

If his whereabouts are unknown, this must be indicated in the application. The statement of claim should also indicate the desire to search for the missing spouse. To do this, competent lawyers advise referring to Article 120 of the Code of Civil Procedure. In order to find him as soon as possible, the internal affairs bodies, which will be entrusted with the search, will need to provide information about the spouse:

Full Name;
Spouse's last place of residence;
Other important information for law enforcement.

This information is also included in the statement of claim.

Formulation

If you don’t know where your ex-spouse currently lives, then don’t despair.
You need to prepare a competent claim in court that guarantees reimbursement of the money spent. The application is submitted in a general manner and in a relatively free form, but in order not to be refused acceptance of the document, you need to take into account a number of simple rules and tips. According to the general rule, the defendant’s contact information should be displayed in the “header” of the document, but if any data is missing, then this must be directly indicated in the content of the petition. In addition, it is required to display the dates of the last meeting, as well as information about available material goods.