How does alimony court proceed: how long does the hearing last and how to win the trial?

Unfortunately, most spouses who are at the stage of divorce resolve the problems that arise through the courts. This is especially true for the issue of collecting alimony from the child’s father.

If there is no written alimony agreement between the ex-husband and wife defining the procedure for the material maintenance of children, resolving this issue with the help of the servants of Themis becomes inevitable.

In order for each of the interested parties to speak adequately during the consideration of the case, they need to know how the court hearing on alimony proceeds.

Documents attached to the claim

The Code of Civil Procedure of the Russian Federation contains a list of documents that must be attached to the claim.

These include the following documents:

A copy of the claim for the defendant and third parties;
A copy of the plaintiff's passport;
A copy of the child’s certificate or passport;
Other documents confirming the circumstances referred to by the plaintiff.

It is also advisable to attach documents on the financial condition of the parties and their marital status to claims for alimony.

Can alimony be awarded without the presence of the defendant?

Please study the Family Code of the Russian Federation Article 81. Amount of alimony collected for minor children in court 1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances. Article 82. Types of earnings and (or) other income from which alimony for minor children is withheld Types of earnings and (or) other income that parents receive in rubles and (or) in foreign currency and from which alimony is withheld minor children in accordance with Article 81 of this Code are determined by the Government of the Russian Federation. Article 83. Collection of alimony for minor children in a fixed amount 1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this the parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony is in proportion to earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money. 2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances. 3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed amount of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

In addition to wages, the defendant may also have other sources of income, from which it is possible from income from shares and other income from participation in property management. The search for a person obliged by a court decision to pay alimony is carried out by the authorities.

Statement of claim

The second step to a court decision that fully satisfies the plaintiff’s claim is to draw up a competent claim. In addition to the mandatory information provided for by the Code of Civil Procedure of the Russian Federation, the claim may contain other information and facts that could influence the court decision.

Mandatory information according to the law includes the following information:

Name and address of the court;
Full information about the parties to the process, as well as about third parties;
Cost of claim;
List of attached documents;
Other information and information established by the Code of Civil Procedure of the Russian Federation, as well as necessary for a specific case.

Surgut forum

1.My husband pays alimony to his daughter from his first marriage. A month ago we had a child. How to reduce child support due to the birth of a second child? (Marina) 2. My husband pays alimony for his son from his first marriage. We had a daughter in our marriage. What documents are needed to apply for child support and at whose place of residence should they be submitted? Will there be a trial? Is it necessary to list my husband's ex-wife as a recipient in the statement of claim? What actions need to be taken (should I write a new statement of claim) and what other documents should my husband prepare in order to pay 33% of the salary for two children (i.e.

Acceptance of claim. Return. Leaving the case idle

If the claim is drawn up legally correctly, all necessary information is included in it, documents required by law are attached, the claim is filed in the appropriate court, the judge is obliged to accept it for consideration within 5 days from the date of its receipt.

If an application is submitted with violations, it is either returned to the plaintiff, or the case remains without progress until the plaintiff corrects all errors.

When making a ruling on scheduling a case for trial, the judge indicates the date and time and clarifies the rights and obligations of the parties.

How does the trial proceed step by step?

The first thing to do before the trial is to try to resolve the issue peacefully. Perhaps the spouse will sign an agreement on alimony. A document certified by a notary will have the force of a writ of execution. In addition, later in the claim it will be possible to indicate that agreement could not be reached, and this is one of the reasons to request alimony in court.

When planning a visit to court, you must:

File a claim. If the content of the document does not comply with the law, the judge will leave it without consideration.
Prepare the necessary applications. They must contain identification documents of all parties to the process (passports, child’s birth certificate), information about the minor’s place of residence, and, if necessary, information about the property status of the parties, a receipt for payment of state fees.
File a claim in court according to the jurisdiction of the case. Divorce cases without division of property worth over 50 thousand rubles. and without disputes about children are considered in the magistrate court, in other cases - in the district court. The claim can be brought in person, sent by registered mail with an inventory and notification of receipt, or filed through a representative authorized to do so. The number of copies of the claim must be equal to the number of persons interested in the case.
Having received the claim , the judge draws up a ruling to initiate a civil case and invites you to a preliminary hearing. It is necessary to clarify controversial points and add specifics to the case. At this stage, the parties may file a motion to hear the case in absentia. The conversation is conducted without a protocol, so you can ask the judge all your questions and justify your position. Attendance at the preliminary hearing is not required. At the request of one of the parties, the court may announce a break for a period of no more than 5 days to present evidence in the case.
Determining the date of the court hearing where the dispute is considered on the merits. The parties receive appropriate notifications of the place and time of the meeting by registered mail, telephone message or other available means. Both parties must appear unless they have submitted documents in advance to explain their absence.

You must attend the main meeting in person or send a representative. Absence without a good reason is regarded as disinterest in the child's life.

Child support court hearing

You should take a summons, identification, and original applications to the court. Then contact the secretary and wait for an invitation to the meeting room. The process then goes like this:

The judge makes sure that all interested parties have appeared at the hearing. If the plaintiff or defendant fails to appear, the data is checked: whether the persons were notified of the date and time of the meeting, whether they filed a petition to consider the case in absence or to postpone the date of the meeting for a valid reason. If the reasons for failure to appear cannot be determined, the judge reschedules the hearing to another date. If the defendant (potential alimony provider) fails to appear again, the judge may make a decision without him, and if the plaintiff fails to appear again, the judge may leave the case without consideration. If unforeseen plans arise on the date of the hearing, the court must be notified in writing.
The judge asks the question : is there a desire to challenge authorized persons.
Next, the rights and obligations of the parties are read out in accordance with the Code of Civil Procedure of the Russian Federation, and it is reported whether the process is being videotaped or audio recorded. From time to time, the judge will ask whether what is being presented is clear to the parties. You should answer: “Yes, dear court, the rights and obligations (or other points) are clear.”
Subsequently, the claim is read out. The judge will ask both sides if they support the claim. The plaintiff replies: “Yes, I support it in full,” and the defendant replies, “I acknowledge the claims” or “I do not recognize...”. If the defendant agrees, the process is considered completed, and if not, they proceed to discuss the dispute.
The court will ask the plaintiff to ask questions to the defendant, and then vice versa. The outcome of the case depends on how correctly the dialogue is structured. So, even in the absence of direct evidence, it is possible to identify third-party income of the defendant and provide a number of indirect evidence of the defendant’s evasion from paying alimony. The court evaluates evidence, reviews video and audio recordings, and hears testimony.
The debate between the parties is the next stage, where each party provides its arguments: why it is necessary to pay alimony in the specified amount, satisfy the claim or leave it unsatisfied. It is recommended to speak only to the point and avoid excessive emotionality.
Removal of the judge to the deliberation room, where the final decision will be made.
Making a decision. After a short time, about 1 hour, the judge returns and announces the operative part of the decision. The final version of the court decision consists of several parts: introductory, descriptive, motivated, operative. The judge will issue it within 5 days from the date of acceptance.

A citizen who decides to file an appeal must submit an application to the magistrate to draw up a reasoned decision. The period for appealing the decision is 30 days (Article 321 of the Code of Civil Procedure of the Russian Federation).

The decision to collect alimony is subject to immediate execution. The plaintiff can only obtain a writ of execution from the secretary and submit it to the bailiff service.

What to say in child support court

At a child support trial, it is recommended to speak only to the point. Following simple rules will help you avoid trouble:

You should speak only when given the floor, answering questions from the judge, lawyer, or opponent.
Contrary to popular belief that you should address the judge as “your honor,” you don’t need to do that. The acceptable form of address is “dear court.”
You should express your opinion, answer, or address while standing.
The expressions “you are wrong”, “you have no right”, “you are mistaken” and other forms of bickering are unacceptable. For such behavior, the violator may be removed from the hall or subject to a fine, the amount of which will be determined at the same meeting.
You cannot interrupt the speaker even if you disagree with his position.
To avoid questions arising at the meeting, it is recommended to appear at the preliminary meeting and clarify everything.
It is unacceptable to use rudeness or expressions in speech that can be regarded as disrespect for the court.

During the hearing, you must remain calm and follow the instructions of the presiding judge and lawyer.

Judicial practice: example

Citizen Yu. filed a claim with the Surgut City Court to establish paternity and collect alimony. In the lawsuit, Y. indicated that she cohabited with S. before the birth of the child, but S. did not recognize paternity and refused to go to the registry office to register the child. The defendant does not want to participate in the life of a minor.

At the meeting, Yu. supported her demands and stated that she was ready to participate in a forensic genetic examination. Yu. also explained that the defendant is against conducting an examination. The defendant was notified of the date of the hearing by telegram and SMS. The telegram was handed to his legal wife against signature, but the defendant did not appear. The court decided to consider the case in his absence.

The defendant's absence, as well as his avoidance of genetic testing, was regarded as an evasion of responsibility. The defendant did not provide any objection regarding paternity. Taking into account the long-term cohabitation with Yu., the court decided to satisfy the request for recognition of paternity.

Since parents are obliged to support their children (Article 80 of the RF IC), the court decided to establish alimony for the child until he reaches the age of majority in the amount of ¼ of S’s income.

The defendant may file an application to cancel the decision within 7 days of receipt or appeal it on appeal.

When considering a child support case in court, knowledge of legal acts plays an important role. The plaintiff and defendant will not have time to think through questions and answers, and no matter how they prepare for the hearing, the matter may take an unexpected turn.

Given the psychological stress, it will not be easy to conduct a constructive dialogue. In such cases, a lawyer from the site ros-nasledstvo.ru will help, who will support you at the right time. He will control the process, help with the collection of documents and evidence, and even save you from the need to appear in court.

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What questions are asked?

At the very beginning of the hearing, the judge asks whether challenges to the court will be filed. This question asks whether either party objects to this particular judge hearing the case. It is important to take into account the fact that challenges to the court can be filed only in cases provided for by law.

Also during the trial, the judge asks the parties whether they will file any motions. For example, if in a lawsuit one of the parties presented documents or information that was not previously known to the other party, the latter may request time to study these materials.

The plaintiff is asked whether he supports his claims, and the defendant is asked whether he agrees with the claim. Depending on the specifics of the case, the parties may also be asked other questions.

Child support if the father does not work

In the absence of deductions from the payer, alimony arrears begin to accumulate. In accordance with a court order, a charge may be placed on the property of the defaulter to compensate for the resulting debt. These circumstances are considered on an individual basis.

In general, when calculating alimony, the court takes into account various additional factors. For example, if the defendant has no official income, but has various hidden earnings, the plaintiff can indicate this in his application. It is important that the claim contains not all sorts of assumptions, but specific statements, if possible with evidence. The mentioned sources of income can be a wide variety of types of income, for example, from the unofficial provision of residential and non-residential premises for the use of other citizens on a rental basis, interest on deposits, etc.

Judgment

After the judge has heard both sides and examined the evidence presented, it is time to make a decision. The decision is made by the judge alone in the deliberation room. The participants in the case are waiting in the corridor.

After being invited into the meeting room by the secretary, the main part of the decision is announced. The full text of the decision is prepared within 5 days. After this, the parties are given a month to appeal. If they do not do this, after this period, the plaintiff will receive a writ of execution.

Methods for collecting alimony payments

The legislation defines 2 main methods of judicial collection of alimony. But at the same time, each case of assigning alimony in favor of minors or for a wife is considered taking into account individual characteristics.

For example, it matters to the court whether the parties are in an officially registered relationship or whether the claim for alimony payments is considered simultaneously with the dissolution of the marital relationship. Also, the course of legal proceedings depends on whether paternity is disputed.

Order proceedings

A court decision can be made without considering the case in court proceedings. This is how cases are considered in writ proceedings. The big advantage of considering a case in this manner is the shortened time frame. An application for a court order is considered in only 5 days. Another 10 days are given to the defendant to express objections. After this, if the defendant does not exercise this right, the plaintiff receives a writ of execution.

But this form of production also has a significant disadvantage. It consists in the fact that if the defendant submits objections to the court within the allotted ten-day period, the plaintiff will have to prepare and file a statement of claim for consideration of the case in the usual manner.

What's next?

Then the judge announces the decision, you need to wait until it comes into force. How long should we wait for this? Also 1 month, unless there is an appeal against the decision.

Child support cases are rarely appealed, but nothing can be ruled out. If a complaint is received, you will have to wait a little longer.

The complaint, we note, is being considered in a higher court. It will also take about the same period of time to resolve the issue as to consider the issue in the court of first instance.

That is, the judicial procedure may be significantly delayed.

And one more important point: the one-month period applies to cases where, for example, the current wife filed for alimony, but did not make other demands. If the question is raised about the division of property, divorce, or determining the place of residence of a child, then the general period during which the judges consider cases applies.

In order not to delay the collection of alimony and its payment, it is necessary to refrain from combining different claims, even if related to each other, in the application. However, very often courts, on their own initiative, separate claims and consider them in different cases.

Some tips for attending court hearings

Never be late for a court hearing, arrive strictly at the time specified in the court ruling;
Address the judge correctly - “Dear Court”, not “Your Honor”;
You need to talk to the judge while standing, unless he has specified that you can answer while sitting;
Do not interrupt the other party when given the opportunity to speak. Listen carefully and write down on paper everything with which you disagree. Express your objections when the judge gives you the floor;
And most importantly, remember that any contempt of court can be punished by a fine.

Can alimony be awarded without the presence of the defendant?

If an agreement does not work out, then through the court in the same manner as after a divorce. Child support without divorce is equal in amount to alimony paid in the event of divorce. You can also collect alimony for your maintenance (in a fixed amount) if the child is under three years old.

Don't get excited, Tanyush! Almost all families experience similar situations, especially at the beginning of family life. There is no need to rush to part, it is better to try to understand each other. Start with yourself, think about what you are doing wrong!? Change yourself, become more patient. Don’t ask him for money, he should give it himself and as much as he sees fit. In the end, he earns them))) If he starts a fight, just don't answer him. be wiser!