Additional expenses for a child are not a simple matter. Both parents are required to participate in additional expenses for children necessary due to illness, injury, or other circumstances.
ATTENTION: our family lawyer participates not only in the procedure for collecting additional expenses for the child, but will also answer your question about how to collect alimony debt at the stage of executing a court decision.
When can I claim additional expenses for children?
The plaintiff should submit documents on the basis of which it is necessary to prove incapacity for work, the need for additional expenses for the maintenance of the child, exceeding the amount of alimony received.
Money may be needed for:
- treatment of a child
- training of a minor
- rehabilitation procedures, prosthetics
- purchasing medicines, special care products, etc.
- other needs of the child
If an agreement is reached between the parents, additional payments are made voluntarily. In its absence, it will be necessary to recover additional expenses for children by court decision.
As part of drawing up a statement of claim, the plaintiff is the child represented by his legal representative - as a rule, the parent with whom the child lives. If he is a minor, the application is made by his parent or a person who is officially a guardian.
In certain cases, both parents can be defendants if another person is officially in charge of the care of a disabled child (see the sample statement of claim for the recovery of additional expenses for the child at the link).
Who can receive additional funds?
The following have the right to receive additional funds from a parent in addition to alimony:
- children under the age of majority;
- adult children in need of financial support if they are disabled and cannot provide for themselves.
The disability of an adult child of a disabled person must be officially confirmed in the form of a medical report issued by a special commission.
When determining a citizen's incapacity for work, he is assigned a disability, which may be group I or II. Sometimes, if there is a disability of group III, a person is considered disabled if there is no possibility of getting a job recommended by a medical commission in the place of residence of the disabled person. Important! If an adult disabled child starts a family and has children of his own, then his financial support becomes the responsibility of his wife and adult children.
Agreement on additional expenses for a child
The agreement contains a written form between the payer of alimony and the one who receives it.
IMPORTANT : this agreement is subject to mandatory notarization , so do not think that it will be enough to sign a document between you at home and start executing it; in the event of a dispute in the future, any court will declare such an agreement invalid due to non-compliance with notarization.
In case of non-fulfillment, this agreement has the force of a writ of execution, and therefore can be recovered by initiating enforcement proceedings. In an agreement with the other party, you can:
- determine the exact monthly amount for child support
- establish the date of each payment, as well as the method of transferring funds, including specifying specific details and the need for notification in case of their replacement
- replace part of the funds with the transfer of property belonging to the alimony payer
- indicate other conditions that you consider important in your situation
It is not always possible to reach the terms of an agreement on the payment of child support; then, to establish additional child support obligations, it is necessary to go to court (for more details on the issue, follow the link).
The procedure for collecting additional expenses for children through the court
- Collection of additional costs begins with the preparation and filing of a statement of claim in the district court at the place of residence of the plaintiff or defendant.
- The consideration of the case for the collection of additional expenses for the child occurs within no more than 2 months after filing the statement of claim in court.
- The district judge hears the case in the presence of the Plaintiff and the Defendant in the case.
- At the court hearing, the position of each party is heard, the evidence base and the validity of the documents provided are studied, after which the judge makes a decision and, if the claims are satisfied, issues a writ of execution.
- The writ of execution must be submitted to the bailiff service to initiate enforcement proceedings and collect the established amount from the defendant. At the same time, an application to initiate enforcement proceedings is submitted and the bank details of the alimony recipient are attached to enforce the court decision.
How to receive the money
Firstly, the ex-wife and husband can agree that the latter is obliged to pay the required amount upon request.
USEFUL INFORMATION: Replacing a car's title when changing your last name
Moreover, the agreement can be either oral or written, contained in a notarized alimony agreement.
Naturally, the second option is preferable.
If there is only an oral agreement, then there will most likely not be any evidence that the court could take into account. And trials in this category of cases are not uncommon.
Legal collection procedure
So, if the father is obliged in one situation or another to provide additional funding, but does not want to do this, then the recipient of alimony can appeal to the court. To do this, you need to prepare a claim and collect the necessary documents.
When preparing an application, the plaintiff must:
- comply with all the requirements established for the form and content of the claim in the Civil Procedure Code;
- justify the need for the defendant to pay additional funds.
The application is usually submitted to the magistrate's court. The plaintiff is exempt from paying the state fee because the requirement that the applicant asks to be fulfilled is aimed at protecting the interests of the child.
What documents can be attached to the application? All those papers that can become evidence indicate the need to incur expenses:
- significant;
- unexpected;
- carried out in the interests of a minor.
Naturally, the mother must confirm that the child lives with her, and the defendant is the father of the son or daughter. To do this you need to submit to the court:
- birth certificate of a minor;
- certificate from the child’s place of residence.
How to behave in court. You need to proceed from the following: in cases where alimony is being collected, the court cannot refuse the claim. Some amount will be determined for collection. If additional money is needed for maintenance, then it is the right of the judicial authority to establish the obligation to pay for it. That is, the claim may well be denied. Therefore, you need to prepare extremely carefully for the court hearing: collect as many documents as possible, prepare a speech. If it is difficult to do this on your own, then it is advisable to involve a lawyer in the process, who would sort everything out. Compensation for legal fees may be included in the claim. If the fee is not too high, then, if the claim is satisfied, this money will be recovered from the defendant. In fact, legal assistance will be provided free of charge.
Enforcement of the decision is carried out by bailiffs. If the debtor does not want to pay, then he may lose certain property. His bank accounts may also be seized.
You need to understand that additional financial participation is not alimony. Therefore, the bailiffs cannot apply some measures to help timely execute the decision or punish the “dodger”:
- accrual of penalties;
- initiation of a criminal case.
But acceptable measures are also sufficient. Even the threat of their use forces debtors to find funds and comply with the court decision.
How to draw up a statement of claim to recover additional expenses for a child?
The statement of claim contains the following information:
- name of the court to which the claim is filed
- Full name, place of residence, telephone number, e-mail for communication between the Plaintiff and the Defendant
- Information about the child
- Information in connection with which the plaintiff went to court
- Facts in connection with which the plaintiff went to court (the result of a medical examination, an extract from an outpatient card, etc.)
- Requirements for the establishment of additional alimony obligations
- List of documents specified in the application
- when the statement of claim was drawn up (date) and the signature of the sender
With the statement of claim, the plaintiff encloses the following documents to recover additional expenses for the child:
- Copy of passport (identity document)
- Copy of divorce certificate
- A copy of the birth certificate of the child for whom additional expenses are required
- Copy of extract from outpatient card
- A copy of the order establishing child support
- Copy of medical examination results
- Receipts for the purchase of medications, health procedures, food, diagnostic tests (ultrasound, CT, MRI, etc.)
- calculations of amounts of money for child support (upcoming and already incurred expenses);
- documents indicating that the minor lives with the person establishing alimony for additional expenses
To assess the plaintiff’s financial situation, the court must provide:
- A copy of the income certificate 2-NDFL
- A copy of the family composition certificate
- Other supporting documents
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Objection to a claim for additional expenses for a child
We are often contacted by Defendants who do not agree with the amount of the stated claims for additional expenses for the child, considering them inappropriate, inflated, and in some cases invented by the former spouse or cohabitant. In such situations, we recommend filing a defense to the claim drafted by our attorney.
The objection to the statement of claim contains the following information:
- name of the court to which the claim is filed
- Full name, place of residence, telephone number, e-mail of the Plaintiff and the Defendant
- Information about the child
- Information in connection with which the plaintiff went to court
- Facts in connection with which the plaintiff went to court (the result of a medical examination, an extract from an outpatient card, etc.)
- Indication of requirements for the establishment of additional alimony obligations, as well as arguments aimed at reducing the declared additional expenses or even references to their far-fetchedness and unprovenness
- List of documents specified in the application as evidence of your objections. For example, documents that these expenses have already been compensated by the Defendant voluntarily or written materials indicating an alternative way to solve the problem, which is more reasonable at the current time
- When the objection to the statement of claim was drawn up (date) and signature of the sender
HEALTHY:
General provisions
Only if you have income within the framework of the FSSP of Russia website, send all supporting documents for ownership of it. Who and how will remain after the death of the father. You can recognize him as incompetent, firstly, you are right. Consequently, you purchased it for the house in which you purchased an apartment as shared ownership, so you need to apply to the court to recognize the ownership of 1 2 shares of your daughter’s apartment. After a minor child lives in it, you will not be subject to administrative punishment in the form of imprisonment as a result of a week of such a transaction, and accordingly you will have to participate in the process and they have such a practice. Most likely, this could not confirm that the text of the ban was presented by the documents in your interests. Contact me, I agree with your new HOA and computer and check the impossibility of restoring your share.
How is the amount of additional expenses for children determined?
Taking into account the types of needs, the court may order additional expenses for the child to be paid every month in addition to alimony as a fixed amount of money.
In addition, a court decision may establish an obligation to pay one-time funds already spent on treatment or other similar needs.
It is possible to recover cash payments for upcoming needs that are planned in the future. The corresponding need is documented by justifying their need and calculating the required amount. The court satisfies the claim based on the validity of the claimed amount.
