What documents are needed to apply for alimony: a list of papers required to fill out an application for payments to a child, as well as to receive maintenance for a wife

When conducting divorce proceedings involving two people who have minor children together, the bailiff should raise the issue of considering regular alimony payments to the parent taking an active part in the upbringing. The party who is interested in keeping the child is obliged not only to present a number of evidence in court, but also to study the list of documents for alimony after the divorce, if the case is decided in her favor. It is worth noting that the list of papers directly depends on the circumstances of the divorce. Therefore, in order to correctly apply for alimony after a divorce, you need to know what documents are needed for this, how to properly draw up and certify them, and what their list depends on.

How to draw up a claim: list of documents for alimony after divorce

The main document for alimony and divorce is a statement of claim for collection, which contains a number of data related to a specific case, information about each of the parties, separate petitions to the bailiff and other information. The claim itself to a legal authority consists of the following parts:

Title. This includes the address of the institution (court), its full name, last name, first name, patronymic of both parties, address and contact information of the plaintiff, defendant;
Information part. The content must contain detailed information about the entire situation, including the date on which the marital union was concluded, the birth of children, their number, as well as the date on which the divorce was formalized. Then you should provide information about where the children are now, who they live with, and how much money the defendant allocates. After this, you need to calculate the amount of alimony payments, taking into account real reports on the average income received. Completion of the information part consists of petitions to the bailiff;
Final part. Contains a list of documents for alimony after divorce, which are attached to the claim, a number of materials, the signature of the plaintiff and the date when the claim was filed for consideration in court.

Step-by-step instruction

Draw up a statement of claim for divorce in accordance with Art. 131 Code of Civil Procedure of the Russian Federation.
Pay the state fee.
Submit an application to the court, or send it by registered mail with notification.
Appear at the trial.
Receive a court decision on the case (adopted in accordance with Chapter 16 of the Code of Civil Procedure of the Russian Federation).

It is possible to apply for alimony only in accordance with established civil procedural norms provided for by the legislation of the Russian Federation. Simultaneously with the application for termination of the legality of the marriage, it is possible to file a claim for alimony. In this case, you need to justify the amount of monetary compensation you are applying for. In other words, prepare a solid documentary base. For example:

health certificates (of one of the spouses or children);
lack of a permanent place of work;
the need to rent housing due to the impossibility of living together;
the presence of credit obligations assumed during the marriage, with the verbal consent of the second spouse (credit cards, microloans, etc.);
reimbursement of invested personal funds for the purchase of joint property (payment for a mortgage loan, purchase of a car, etc.).

Of course, the stronger your arguments and their evidence base, the more likely you will be awarded exactly the amount of alimony that you indicated in the application.

The issue of alimony can be resolved while you are married, on the basis of a notarized agreement. Such a document contains information about the payer and recipients of payments, the amount, the procedure for their payment, conditions for changing, terminating the agreement. Instead of money, certain property can be issued, services provided, etc.

According to the agreement, both children and ex-spouses can receive alimony. It is possible to file a lawsuit a second time to terminate or change this document if it is contrary to their interests.

Our experts have prepared other useful publications on the topic of collecting alimony, from which you will learn:

What to do if a man does not recognize paternity and how to file a claim to establish paternity and assign alimony, as well as to challenge paternity and cancel alimony?
Sample applications for the issuance and cancellation of a court order for the collection of alimony, as well as how to submit an application to the SSP?
How is the amount of alimony calculated and where can I get a writ of execution?

How to determine the party who can submit a package of documents for alimony after a divorce

The collection and submission of a package of documents for alimony after a divorce for a child who has not reached full adulthood should be handled by the parent who will carry out the educational process after the marriage is dissolved. It is worth noting that a minor child can remain with his mother or father by agreement of both parties or based on a court decision.

To file a claim, you need to collect evidence and documents from the appropriate list, and then perform several actions:

Preparation of a competent claim request.
Registration of collected documents, filing them for divorce and alimony to a legal authority.
Direct attendance at a court hearing.
Obtaining a writ of execution, which is issued upon completion of the divorce process and resolution of all related issues.
Sending the conclusion of court employees to the federal bailiff service.

general information

Whether to apply for alimony or not is an individual decision for each woman left with a child. But you need to remember that the award of payments occurs from the day the documents for alimony are submitted.

Expert opinion

Davydov Alexander Yurievich

Civil law consultant with 20 years of practice. Author of numerous articles on legal topics

Even if your ex-spouse voluntarily helps you, you do not know whether payments are being made in full or whether he will get tired of doing this after some time.

The wife will receive a court decision and then the husband will be obliged to pay money for the maintenance of their common children.

Circumstances vary widely, it is important to know the following:

You can apply for alimony both after the divorce and during it.
Both parents are required to support children.
Regardless of the relationship between the spouses, the one who lives separately from the children pays.
Time is money. The sooner you file a claim, the sooner you will begin receiving alimony.

What is needed for alimony after divorce and expected financial expenses

Before filing a claim, you should familiarize yourself with the list of documents needed for alimony after a divorce:

The plaintiff’s identity card (passport), as well as all passport data.
A photocopy of the claim, which should be with everyone taking part in the process.
Extract from the house register.
Complete information about the financial income of the person filing the claim.
Certificate of medical and social examination (must be provided by persons who are disabled).
Certificate confirming the dissolution of the marital union.
Certificate confirming pregnancy. It is necessary if the spouse is pregnant at the time of the court hearing.
A notarized written decision of the court on where and with whom a child under the age of majority will live.

Also, passport data and a number of accompanying certificates for a child whose age ranges from 14 to 18 years inclusive can be added to the list of documents for divorce and alimony.

Remember the main thing:

If there are minor children or disputes over the division of property, then divorce can only be done in court. If there are no children or property and both spouses agree to a divorce, get a divorce at the registry office.
At the registry office, take your passports, a receipt for payment of the fee and an application.
Sample statements and claims can be downloaded above and filled out yourself at home.
Take your passport and statement of claim with the attached receipt to the court. All documents must be in 3 copies. Make copies of your marriage and children's birth certificates.
In a statement of claim for divorce, you can immediately ask to establish child support and communication procedures.
The state fee for a divorce in the registry office costs 650 rubles for each spouse, for a divorce through the court - 600 rubles.
It is better to pay the fee through government services, then there will be a 30% discount.

List of documents for divorce and alimony, based on situations

Today, there are several ways to file a claim, which provide for changes in the list of documents for divorce and alimony. Among them are:

application for collection of child support while married;
claim for payment of alimony for minor children after divorce proceedings;
collection of child support when the spouses are in a civil marriage;
a claim followed by filing in court.

How does the procedure work in court?

According to the provisions of Article 81 of the RF IC, if there is no agreement on the payment of alimony, then the issue is resolved in court.

The court must be guided by the following principles:

both parents must bear equal costs of caring for their child;
spouses must support it in equal shares, even if the fact of birth was recorded after the divorce;
the court ruling is valid throughout Russia;
payments must be made before reaching adulthood.

There is a strict procedure for payments, which is fixed in the current legislation. It is necessary to understand what you can count on in a particular case when applying for alimony.

What documents are needed for divorce and child support in marriage?

Before you collect a package of documentation, you should familiarize yourself in more detail with the question of what documents are needed for divorce and alimony. It is worth noting that one of the spouses, even while married, has every right to demand that the other party, who refuses to support the child, pay money in a strictly compulsory manner. The main feature is proof of the fact that the father or mother refuses to allocate finances for the children. A rough list of documentation includes the following:

a statement confirming the issuance of a court order. Required if the problem will be resolved exclusively through the courts;
consent drawn up by specialists to pay for the mat. collection, if a voluntary alimony agreement has been received to pay the penalty for the child;
birth certificate of one child or several (depending on the number of minor children). It is necessary in order to confirm the very fact of their presence;
certificate of marriage;
a document identifying the alimony payer and the plaintiff himself, who will receive the money;
bank card details or personal account number where it is planned to accrue financial income.

You also need to submit a certificate from the housing maintenance office, which states that the child is actually registered at the place of residence of the potential recipient of the penalty.

Where to get it and where to submit it?

To collect all these necessary documents, you need to contact the relevant institutions:

A certificate of income is issued at the place of work, you can also get it from the tax office or from the bank where the earned money is received.
For a statement with an account number, you need to contact your bank (where the account is opened).
A certificate of family composition is issued by the housing office at the place of residence. It can also be ordered through the MFC.
To confirm your pregnancy or disability (temporary or permanent), you should apply for the appropriate certificate from medical institutions.
It is better to prepare copies of personal documents in advance; they do not need to be certified.
As for the correct writing of the statement of claim, a sample of it is available in any reception room of the judicial authority, and can also be viewed on the Internet. You can also seek help from a lawyer.
The application form itself can be conveniently downloaded via the Internet.

On a note. You can submit the required set of documents to the court in person (through the court office) or send it by registered mail. You can also now do this through the MFC or online on the State Services portal.

We tell you more about how to send documents for alimony through State Services here.

Documents for alimony after divorce: features

It is worth noting that the issue related to the payment of a material penalty should be considered exclusively by the magistrate’s court. The package of documents for alimony after a divorce consists of an application for the issuance of court orders, a passport and several certificates for the child. This option is more profitable, convenient and faster than the process of filing a writ of execution. This is due to the fact that the process of filing claims involves waiting for the start of the meeting, taking part in the consideration of cases, and much more.

That is, first you should try to fill out an application for the issuance of court orders by a magistrate, and if one of the spouses is against it, then he has the right to file a claim on his own. In this situation, it is necessary to take into account the fact that each controversial nuance must be confirmed in writing and certified by relevant specialists.

Grounds for application

Divorce is the official dissolution of a marriage, as a result of which the obligations stipulated in the RF IC are terminated between the spouses. Like marriage, its dissolution is an official procedure that requires compliance with the requirements of the legislative framework of the Code on Family Issues, execution of a standard set of documents, indicating information important for the court.

The main condition, as indeed for any official document, is a competent presentation of the essence. The law provides a list of factors that serve as the basis for an official divorce:

personal reasons (SC, ch. 1);
domestic reasons (alcoholism or drug addiction);
difficulties of a material nature (an unemployed spouse, inconsistent income, lack of housing and prospects for purchasing it; extravagance of a spouse living beyond her means);
sexual disagreements.

If one of the spouses behaves immorally towards family members, and his actions fall under the articles of the Criminal Code of the Russian Federation (Articles 131 - 135), then this must be indicated in the statement of claim. In such cases, the divorce process will be closed in order to preserve the privacy of personal life (if non-disclosure is desired by the injured party, who is obliged to indicate this request in the petition).

It is also necessary to take into account that the victims of such actions may be people who are not members of this family (this fact may be revealed during the consideration of the case). In such a situation, publicity is inevitable.

What additional documents are needed to apply for alimony after a divorce?

Many people are concerned about the question of what documents are needed to apply for child support after a divorce if they are faced with a non-standard situation - for example, when a mother or father wants the children to be able to receive financial compensation directly. In this case, you should collect a number of necessary documents:

A salary certificate or a number of other confirmations of the income of a person who is a potential payer. This is necessary to determine what amount of alimony can be demanded by the plaintiff, based on the cost of living.
If the child is officially declared disabled, the court order must be attached to the request. Thus, the plaintiff will receive regular payments not only until the child reaches adulthood, but also after that.
Submitting papers that confirm attempts to collect alimony outside of court. Plays an important role if the payer wants to recover the minimum amount for past years.

How can I resolve the issue of alimony?

Payment of alimony is one of the most pressing topics today. Moreover, this problem most often concerns mothers, since the children remain with her. There are several ways to resolve the issue with the child’s father:

Come to a common opinion and draw up an alimony agreement. Moreover, it can be issued not only after a divorce, but also during marriage. For example, this situation is possible if the parents live separately or one earns more than the other.
Go to court to order alimony. This option is suitable for families who are no longer married and cannot solve the problem on their own.

In the first case, the list of required documents will be much smaller. The second method provides several options for the development of events:

If a court order is issued to the child's mother. Then we are talking about a simplified procedure for assigning alimony payments.
The normal procedure for considering a case will require more documents. The process itself will be longer, and the court will decide all the issues in the presence of both parties. The case will be considered only after the mother or father (the one with whom the child remained) files a statement of claim.

Papers for bailiffs

If, by a court decision, the defendant is awarded alimony, then the corresponding document is provided to the bailiffs. It can be handed over by the court or by the plaintiff. The second option is faster, but will require the provision of additional documents:

the writ of execution itself (in the original);
the court's decision;
Russian passport of the plaintiff-applicant.

Additionally, it is worth bringing bank account details for receiving funds and the child’s birth certificate. When applying, the plaintiff writes a statement to initiate enforcement proceedings. The bailiff needs to be provided with information about the alimony provider: where he lives, works, how much he earns - everything that is known. There is no need to confirm this information with documents; it will simply help you quickly begin the procedure for collecting money.

If an agreement is drawn up

Unfortunately, parents are rarely able to reach a common solution without going to court. But this method is considered the easiest for both parties. In addition, to draw up an alimony agreement you need much fewer documents than when going to court, and this paper has the same legal force as a writ of execution, but provided that it does not contradict the RF IC.

If the former spouses managed to resolve the issue of alimony on their own, then they should discuss the details in advance and then contact a notary. You will also need to provide the following documents:

Contacting a notary to draw up an agreement with your passports. Moreover, both spouses must be present in person. You will have to take your child with you if he is over 14 years old. Otherwise, his presence is not required.
Documents for the child – certificate or passport. Additionally, if one of the parties is not related by blood, she must prove her relationship with the child. This can be done by presenting a court decision or adoption certificate.
Information about income. Usually we are talking about a 2-NDFL certificate for 3 months or more. The document states the average salary for a certain period. You will need a certificate from the party who will subsequently pay alimony.
Bank account details if money to pay alimony will be transferred to an account or card. Moreover, the information must be complete - not only the account number, but also other bank details.

settlement agreement on payment of child support

There will be a fee for contacting a notary. Therefore, you need to take additional money with you. The expenses incurred may be divided between the spouses, or one of them may assume the obligation to pay for the notary's services.