Statement of claim for divorce and alimony (sample) 2020

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Conflicts during divorce are not uncommon. And, when they go beyond personal claims and lead to a conflict of legitimate interests and freedoms of spouses, the powers to resolve them are transferred to the court. The justice body, guided by legislative acts and taking into account the arguments of the parties, forcibly brings the dispute to a fair resolution. The interested party will only need to correctly file the claims and convincingly argue their position.

When is a claim necessary?

Divorce without children and with the full consent of the spouses is carried out through the civil registry office. The participation of a judge is also not necessary if the spouse of a missing person, incompetent person, or sentenced to imprisonment for a crime (regardless of the presence of common children) applies for divorce.

In all other cases, the divorce process is carried out in court, according to the procedure of claim proceedings. And the spouses can declare their desire to terminate the marital union by filing a lawsuit.

A claim in case of divorce is mandatory*:

If you have common (including adopted) minor children.
In case of categorical disagreement of one of the spouses with the divorce.

* - if the location of each spouse is known, none of them is deprived of freedom or legal capacity.

Also, often during a divorce, the issue of collecting alimony arises. It can be resolved peacefully through the conclusion of an agreement between the spouses, in which they jointly determine the amount of monthly maintenance, the procedure for its payment and other significant additions.

When an agreement cannot be reached, the case is referred to a judicial authority. It can be resolved:

Together with demands for termination (a lawsuit is required).
Separately, before or after a divorce, in the order of writ proceedings - for the recovery of alimony as a percentage (an application drawn up by analogy with the claim is required).
Separately from the case of divorce, in the order of claim proceedings - for the collection of alimony in a fixed amount (a claim is required).

In other words, a claim for divorce and collection of alimony is necessary in the case when one of the spouses or the parents of minor children files for divorce. If the separation of the marital relationship is formalized by the civil registry office, the application for the collection of alimony is drawn up separately and sent to the court as an independent demand.

Divorce procedure timeframes

The timing of the divorce depends on the form in which the dissolution takes place.

Through the registry office - 30 days from the date of application.
Through the court - depending on the situation. The minimum period is also 1 month, but if there are disputes, one of the spouses does not want a divorce, there are doubts - a period of 3 months is assigned and the divorce is delayed.

Additional information
The deadlines for divorce through the court cannot be determined; it all depends on the specific case of the divorcing.

Who is entitled to alimony?

Claims must be legal and reasoned. Therefore, before including a request for alimony in your application, it is important to make sure that the applicant has every right to receive it.

Children

The first responsibility of parents is to provide the child with conditions for normal development and growth. And without a sufficient material base this is impossible.

With the termination of marital relations, it is important for them not to forget about parental duty, which remains in legal force until the common children reach adulthood, and to take part in their lives, regardless of place of residence and family circumstances.

The child support obligation is usually imposed on the parent whose place of residence is determined separately from the child. If, after a divorce, the exes continue to live together, alimony can be collected from the spouse who is not involved in supporting the child.

According to the law, the minimum that a minor child is entitled to is 1/4 of the income of his parent. Two children should receive 1/3, and three or more should receive half.

The amount from which the specified percentage is allocated includes:

wages (fees, salary, official salary, allowances, bonuses, rewards, etc.);
pensions (except survivor's pension);
scholarships;
unemployment or temporary disability benefits;
monetary compensation in connection with dismissal;
income from business activities;
income from property rental;
dividends, income from ownership of shares in the authorized capital of a business company;
material aid;
amounts received under contracts;
compensation for harm caused to the health of the payer;

Of all the amounts listed, alimony is withheld after taxes.

Based on the family, financial situation of the parties and other significant circumstances, the share of contributions can be reduced or increased, or assigned to be paid in a fixed amount.

The amount of a fixed sum of money is determined by way of claim proceedings when the payer’s income is unstable, indicated unreliably, or the percentage of it does not allow covering the needs of the recipient.

The parent will have to transfer the specified payment for the maintenance of the child every month until he reaches the age of majority, or until it is revised due to a change in the cost of living or the financial situation of the parties.

Former spouse

According to Art. 90 of the Family Code of the Russian Federation, former spouses also have the right to receive alimony after a divorce. A demand for forced collection of alimony may be sent by:

A wife during pregnancy or until the common child reaches three years of age.
A spouse caring for a common disabled minor child or a group I disabled child since childhood.
A disabled person of groups I–III, if the disability occurred before the divorce or within a year after.
A former spouse who has reached retirement age no later than 5 years after the divorce (if it lasts).

There is no set interest rate on income. The amount of alimony is determined in a fixed amount, taking into account the need of the recipient and the income of the payer.

However, the court may refuse to award monthly maintenance. This happens if:

the disability of the person in need arose as a result of alcohol abuse, drug use, or the commission of an intentional criminal act;
the marriage was short-lived (as practice shows, from 1 to 3 years, but if the disability resulted from the birth of a common child, the period does not matter);
the applicant for alimony in the family behaved unworthily (the determination of this factor falls within the competence of the judge; this could be failure to respect the legitimate interests of family members, indifference in raising children and incurring expenses for general needs, immoral behavior, etc.).

The collection of alimony in a fixed amount is always a dispute, since there is no unambiguous provision regarding their amount in the law. And, if the parties do not reach agreement on this issue, they can ask for a resolution of the dispute in the divorce petition.

Registration of alimony

In the event that the family has officially broken up, it is necessary either during the process or after the divorce to discuss the procedure and amount of alimony payments. First of all, we note that alimony is cash payments in a fixed amount, which are paid by one citizen in favor of another, who was previously dependent on the first or to whom there are obligations established by law. As a general rule, the amount of payments is set in the form of a percentage of wages, but sometimes there are fixed amounts - the payer is unemployed or alimony is paid not for the child, but for the spouse.

Attention

Alimony can be addressed both to a child with whom the payer does not live, and to a spouse who is declared incompetent and cannot support himself independently. In practice, the second situation arises in connection with retirement, disability, pregnancy, and raising a child. In addition, alimony is also paid to an adult child if he is declared incompetent.

Alimony payments are not collected from all types of income. In order to find out the list of types of earnings from which funds are withheld, you need to refer to the Decree of the Government of the Russian Federation No. 841. There are two methods of payment - voluntarily and through the court. Of course, the most convenient would be to conclude a peace agreement that reflects the mutual responsibilities of parents towards their children. The prepared document is approved by notaries and acquires legal significance. If a peaceful agreement fails, there are two procedures:

If the place of residence and work of the second spouse who is evading payment of alimony is known, a court order is issued in a simplified manner, and forced collection begins.
If a difficult situation arises, everyone has their own opinion, then a lawsuit is filed in court and the issue is resolved through judicial proceedings.

In order to resolve the issue of the procedure for paying alimony, it is necessary to contact the magistrate either at the place of residence of the defendant or at the place of residence of the plaintiff. The sequence of actions is as follows:

Write a statement. If you have one child, a sample is available.

If you have two or more children, then a statement that can be useful.
Collect birth certificates of children, divorce (conclusion) of marriage, copies of the plaintiff’s passports, as well as a certificate of family composition from the housing and communal services. The court may request additional documents.
If the place of residence of the second spouse is known, you must apply for a court order, which takes 5 days to prepare. If the debtor’s income and place of residence are unknown, both parties are called and a decision is made.
Within the specified period, you will be able to receive an order or court decision, on the basis of which the second spouse is obliged to pay alimony.

How to file a claim correctly

What plaintiffs should pay attention to when filing a claim:

Structure.
Required items.
The need for identification.
Writing method

The structure of the application includes four blocks:

Introductory. It must indicate the full name of the spouses, their residential address and the name of the judicial authority.
Descriptive. Contains all the basic information about the purpose, reasons for the appeal, the facts on which the plaintiff bases his position, and evidence for them.
Pleading. Displays the claims, that is, what the applicant would like to achieve by going to court.
Applications. Reveals a list of documents and other materials attached to the case.

In this case, the content of the statement of claim is regulated by Art. 131 of the Civil Procedure Code of the Russian Federation. In addition to the information already listed above, it is important to indicate in the claim:

the essence of the violation or threat of violation of the applicant’s rights (the spouse’s refusal to file a joint statement of claim for divorce and confirm his alimony obligations in the amount specified by the plaintiff);
reasons for divorce (if the decision was not made mutually);
age and number of common (including adopted) children;
additional circumstances that may affect the amount of alimony collected (health status of the potential recipient, disability group, income level, the need for the former spouse to participate in additional expenses for the child, etc.);
Full name, place of residence and powers of the representative (if he acts on behalf of the plaintiff).

Below everything stated by the plaintiff in the application, his signature must appear. Without it, the claim will not be accepted.

The claim can be written in three ways:

By hand.
Via PC (in printed form).
In the form of an electronic document certified by an enhanced qualified signature.

In the first two cases, the document is submitted in person to the court, by mail or through a representative. In the third - through the Internet.

Where to carry

Cases of divorce and collection of alimony are assigned by the Civil Procedure Code of the Russian Federation to the jurisdiction of magistrates. They pass to the competence of the district court only if demands are simultaneously submitted to determine the child’s place of residence or the procedure for communicating with him and disputes about the division of jointly acquired property.

The authorized magistrate must be assigned to the area where the place of residence of the respondent (the applicant's spouse) is registered. But the applicant has the right to change the territorial jurisdiction at his own discretion if he has a minor child with him or his state of health does not allow him to go to the judge at the place of registration of his spouse.

The claim can also be filed remotely: by mail, through the court’s online portal, or through a representative.

In the first case, the plaintiff must notarize his signature and send the claim and all documents attached to it by a certified letter. In the future, he may submit a request to consider the dispute in his absence and ask to send copies of the court decision by mail or to appear at the hearing in person.

Filing a statement of claim through the official website of the court is possible only after certification by the personal strengthened qualified signature of the plaintiff.

Alternatively, you can use the corresponding virtual service on the portal https://ej.sudrf.ru. But for this, the applicant must have a confirmed account on the Unified Portal of State Services (confirmation in this case is carried out in specialized certification centers, during a personal visit of the user).

The applicant also has the right to authorize his representative to perform part or all of the tasks within the framework of the divorce process. They can be any legally competent adult citizen (preferably a lawyer), for whom a notarized power of attorney will be issued.

Attached documents

The list of papers attached to the claim is regulated by Art. 132 Code of Civil Procedure of the Russian Federation. It should include:

A copy of the application.
Receipt for payment of state duty.
Power of attorney of the plaintiff (if a representative acts on his behalf).*
Evidence of the legality of the requirements + copies.
Calculation of the amount recovered from the defendant (and copy).

* - a power of attorney is not required for the legal representative of an incapacitated applicant.

In relation to divorce proceedings with the collection of alimony, the following documents must be presented as evidence:

identification;
Marriage certificate;
birth or adoption certificate of officially recognized children;
health certificate;
income statement;
certificate of the child’s place of residence, etc.

Amount of alimony

There are two forms of alimony amounts: shares (percentage) or a fixed amount. In most cases, a nominal share of alimony is calculated. In accordance with Art. 81 IC RF dimensions are as follows:

For one child – 25% of income.
On two – 33.3% of income.
For three or more children – 50%.

IMPORTANT
If the payer does not have official income, or receives funds in the form of foreign currency or in kind, or has irregular income, a fixed sum of money is assigned. It is calculated depending on the cost of living of the region in which the child lives.

What's next

After the claim is received, the judge decides whether to accept it. Problems may arise in the following cases:

Incorrectly determined jurisdiction.
Submission of an application by an incapacitated person.
Lack of signature of the plaintiff or his authorized representative.
A similar claim from the same applicant has already been accepted for proceedings.
The rules established by law regarding the form and content of the application were not followed.
Not a complete package of required documents has been submitted.

On the last two points, the application will be left without movement. The plaintiff will receive a reasoned ruling regarding this, indicating the errors and asking them to correct them within a specified period, after which the case will be accepted for proceedings from the moment the claim was initially filed.

In other cases, the application is returned to the person who sent it with comments on the reasons and recommendations on how to comply with the established procedure.

All decisions and determinations regarding the acceptance or non-acceptance of the claim are made by the judge within five days.

After the case is accepted for proceedings, the judge announces the beginning of preparations for the trial. During the process, the necessary information is clarified, relevant significant circumstances are identified, and evidence is sought that the parties cannot obtain on their own.

Upon completion of the preparatory stage, a meeting date is set. The parties are present in the courtroom at will. If he is not present or it is difficult for the plaintiff or defendant to appear in person at the hearing, they send a corresponding petition with a request to consider the case in their absence.

In total, no more than one month should pass from the moment the claim is accepted for proceedings until the final decision on the case is made. This period is established for justices of the peace and cases of alimony collection under Art. 154 Code of Civil Procedure of the Russian Federation.

If the proceedings are delayed, the interested party may file a private complaint for violation of the legal procedure. But at the same time, it is important to remember the judge’s right to postpone the divorce hearing for up to three months.

The parties need to take an extract from the decision and go with it to the registry office at the place of their residence or registration of the divorced marriage. There the divorce is finalized and a divorce certificate is issued.

Litigation related to divorce proceedings can be quite acute. It can be difficult for the recipient of alimony to obtain from the payer reliable information about the amount of income and to collect from him exactly as much as required by law.

You can contact the lawyers of the website ros-nasledstvo.ru regarding these and other potentially complex issues. They will answer your questions free of charge and in the shortest possible time, and, if necessary, provide assistance in conducting the divorce process in a format convenient for the client.

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