Collection of child support. Which court should I file my documents in?

Home » Alimony » The procedure for collecting alimony through the court

The legislation of the Russian Federation provides for 2 options for establishing alimony legal relations - voluntary and forced. If parents who have a common minor child, but have already terminated their relationship with each other, are unable to agree on the joint maintenance of their child in an amicable manner, the court will help resolve the situation. What should an adult who decides to seek alimony from a former partner in court know and remember?

How is child support determined in court?

When resolving the situation in court, the requirement to collect alimony must be set out in the appropriate statement of claim. It is submitted to the responsible authority by the party representing the interests of the minor (as a rule, such a representative is the child’s mother). At the same time, there must be a certain dispute between the parents themselves that requires resolution. Typically, unilateral or mutual claims involve:

with the absence of an amicable notarial agreement on the payment of alimony, concluded by the parents on a voluntary basis;
with the impossibility of concluding an agreement and, in principle, resolving the conflict amicably, without the participation of third parties (they will be judicial officers);
with the need to revise or cancel the current amicable notarial agreement on the payment of alimony (new circumstances may arise in the life of both one and the other parent, taking into account which it will no longer be possible to fulfill the provisions of the previously concluded agreement).

If everything is done correctly, the court will initiate proceedings, within the framework of which it will consider the situation on its merits - i.e. taking into account all available materials, circumstances, testimony, etc.

Nuances related to establishing paternity and claiming alimony

A record of paternity is entered into the papers automatically if at the time of the birth of the child the former partners were in a registered union (marriage). The situation turns out to be somewhat more complicated if the relationship has not been formalized.

On the one hand, a man may agree to carry out a paternity determination procedure on a voluntary basis. Then the woman will simply need to come with the father of her child to the territorial registry office, where she will write a statement recognizing the relationship.

Articles on the topic (click to view)

Assignment of the right to claim under alimony obligations is possible
Formula for calculating penalties and fines for alimony: sample
What are the consequences of not paying child support in 2020?
Criminal liability for non-payment of alimony under Art. 157 of the Criminal Code of the Russian Federation
Is alimony from financial assistance withheld for vacation?
Find out the debt by name from the bailiffs for alimony
Reducing alimony debt over the past period

In order not to participate in parallel or continuing cases, a woman is recommended to combine two claims into one, where she can immediately demand both the establishment of paternity and the payment of alimony in favor of a minor (if the relationship between the child and the man is confirmed by the court). The corresponding application in 3 copies (one for each party to the case, including the government agency itself) will need to be submitted to the district court at the plaintiff’s place of residence. The paper contains the following mandatory information:

name of the addressee court;
Full name and residential address of both the plaintiff and the defendant;
circumstances relevant to the case (information about the union with the defendant, about a common minor child, about the second parent’s refusal to voluntarily acknowledge paternity, about disinterest in the upbringing and financial support of the child, etc.);
links to evidence confirming the fact of relationship (correspondence with the defendant, call printouts, photo and video materials from family vacations, checks and receipts for the purchase of joint property, etc.);
a request to establish paternity and collect alimony (indicating the scheme, amount and frequency of payments);
an additional petition to bring witnesses to the hearing to testify, to conduct an independent genetic examination, etc.;
list of attachments (usually, as additional materials, copies of the child’s birth certificate, marriage/divorce certificate, applicant’s passport, certificate from the housing fund about the minor’s cohabitation with the plaintiff are attached to the application);
date and signature.

The average time for consideration of cases on establishing the fact of paternity and simultaneous collection of alimony is 2 months, after which the judge makes a final verdict. If a woman collects a solid evidence base and can document that this particular man is the father of her child, then the court will impose on the citizen the obligation to forcibly support the minor in accordance with the court ruling and the issued writ of execution.

Application for alimony at the place of residence of the plaintiff or defendant

A court order for the collection of alimony.

You can collect alimony in a simplified manner . To do this, you need to write an application for the issuance of a court order and apply to the courts.

This procedure can be used if there are no disputes about paternity and if there is no need for the participation of third parties in the case.

The court order is issued within five days after filing the application . The document has the full force of an executive document.

But you need to figure out where to take the court order for alimony after receiving it.

If there are no objections from the debtor who received a copy of the document, then the court order is issued to the applicant. The claimant can submit an order for execution within 3 subsequent years.

In order to quickly collect alimony payments from the debtor, you can submit a court order to his employer . Then the accounting department will begin to transfer payments from the payer’s next salary.

An application for alimony is submitted at the place of residence of the plaintiff or defendant

A large number of citizens, when parting, resolve the issue of alimony peacefully. To do this, they enter into an agreement setting out the amount and procedure for payments with which both former spouses will agree.

Also, in the magistrate’s court it will not be possible to recover payments from other persons: from parents, from husband or wife, including former ones. It will not be possible to do this in a situation where payments need to be assigned in a fixed amount of money, or when other parties are involved in the dispute. In all the described cases, you should contact the district court immediately.

The listed persons can go to court only if there is no notarized agreement on the payment of alimony between them and the persons obligated to pay alimony.

In fact, if there is an agreement, a court decision is not required.

The agreement can be presented to the administration of the organization where the debtor works, or to the bailiff service for enforcement.

Regardless of where the application for alimony is submitted - in the magistrate's or district court, the rules of jurisdiction for the cases apply. According to the general principle, the issue is initiated at the place of residence of the citizen - the defendant. But, paragraph 3 of Article 29 of the Code of Civil Procedure allows you to file a claim for the collection of alimony against children at the place of residence of the citizen-plaintiff.

The Family Code of the Russian Federation provides for the possibility of judicial modification of an agreement concluded between the parties, therefore, when filing a claim with the court for the collection of alimony, if there is a properly executed agreement, the claim will be refused.

In this case, this rule applies both to cases when the above requirements are stated simultaneously, and to cases when the requirement to establish paternity is stated independently.

Where and when to apply for alimony?

Since October 1, 2019, cases regarding the assignment of alimony have been considered by the district court. Previously, these cases fell under the jurisdiction of magistrates. The plaintiff goes to court:

at your place of residence;
at the place of registration of the defendant.

An application for child support can be submitted until the child turns 18 years old. It does not matter whether the plaintiff is married to the defendant or not.

Payments can be recovered in the following forms:

shares of earnings (1/4 for one child, 1/3 for two children, 1/2 for 3 or more children) - if the father has a permanent “white” income;
in a fixed amount of money - when there is no constant income, the parent does not work at all;
in shares of income and a fixed amount of money - dad can do seasonal work and not have a constant income for the rest of the year.

What should be in the statement of claim?

The claim is submitted in writing. The text should indicate:

name of the court;
details of the parties (full name, address, telephone);
circumstances of the case (information about the child, whether the parents live together or not, divorced, married, etc.);
the amount of payments (either in a multiple of the subsistence minimum per capita, or in shares of earnings);
applications.

How to apply:

on purpose, through the court office;
send by mail;
through a representative (a power of attorney must be attached to the claim);
through electronic services, if technically possible.

For reference! The alimony plaintiff does not pay state duty. It is recovered from the defendant. The text of the claim may indicate that, in accordance with paragraphs. 2 p. 1 art. 333.36 I ask the court to exempt me from paying state fees.

Jurisdiction: which court hears cases of alimony collection

Typically, cases of compulsory collection of alimony are considered in magistrates' courts at the place of residence of either the defendant or the plaintiff (the latter's choice). However, even this rule has its exceptions: for example, if the claim for alimony involves the consideration of any parallel issue (the already mentioned establishment of paternity, deprivation of a citizen of parental rights, adoption of a child, etc.), then the statement of claim should be filed not with the world court, but to the district court.

Which court should I file for alimony?

There are 2 options for collecting alimony: through claim proceedings and through writ proceedings.

An application for a court order is considered by a magistrate. It can only be submitted if there is no need:

Establish paternity.
Dispute the fact of paternity or maternity.
Involve third parties to clarify the circumstances of the case.
Collect alimony in a fixed amount.

If it is necessary to establish paternity and collect alimony payments in a fixed amount (both in a fixed amount and in shares of earnings), you should contact the district (city) court.

Previously, an application for child support could be submitted to the magistrate’s court at the place of residence of one of the parents. But from October 1, 2020, such cases are considered by district (city) courts.

When filing a claim for the collection of alimony payments, the jurisdiction chosen by the plaintiff applies. That is, the collector himself decides which court to send the documents to: at the place of residence of the debtor or at his place of residence.

The procedure and methods for collecting alimony for minor children

Partial collection of alimony from the second parent begins when the plaintiff draws up a corresponding statement of claim, because it is here that she indicates her wishes regarding how, when and how much money she would like to receive for the maintenance of the minor. Of course, her request is not automatically granted by the court - a final decision can be made only after the court takes into account the interests of the parties, the income of the potential payer, and whether he has other dependents (that is, persons in whose favor alimony must also be paid) etc. And yet, as practice shows, claims for alimony are satisfied in almost the absolute majority of cases, because When considering a case, the judge places above all not the interests of this or that adult, but the interests of the minor child and his need for sufficient material support.

Otherwise, another form of payment will be applied to the defendant, involving periodic payment to the recipient of a certain fixed amount (for example, 4,000 rubles monthly). The fixed cash scheme is used in cases where the alimony payer is engaged in seasonal work, receives wages in the currency of a foreign country, or does not have a permanent income at all. When resolving the situation in court, only the use of these two schemes or their partial combination is possible. No other form of payment, for example, payment of alimony by providing property, etc., can be used in this case.

Methods and forms of alimony payments

To receive financial support for the maintenance of children, it is not necessary to apply to the judicial authorities, nor is it necessary to officially execute a court decision. There are traditional options for paying money, including how to resolve the issue of alimony without court voluntarily and in the manner of consideration of the issue by the justice authorities. Depending on the existing relationship between the former spouses, the financial component and parental responsibility, payment methods are chosen:

Unofficial payment according to an agreement that is not legally recorded, possible under the following circumstances:
failure to present or withdraw a writ of execution or a court order due to receipt of payments without compulsory procedure.

A notarized agreement on the payment of alimony payments, which is valid and is an analogue of a writ of execution (clause 2 of Article 100 of the RF IC). It is prohibited to set the amount lower than what the judicial authority would have established upon application, and the method and procedure for payment are determined by Article 104 of the RF IC:
in a fixed amount, paid periodically or once over a long period;
by providing property values in material form;
a combination of various methods.

Forced retention by filing a lawsuit for alimony. In court, recovery is made:
in a fixed amount or in a mixed form (Article 83 of the RF IC) - in non-standard situations when the income of the person liable for alimony is unstable, chaotic in size and periods of receipt, paid in the currency of foreign countries or provides for a barter form of payment.

If strong evidence is not provided to the alimony court about the receipt of unofficial income, the imbalance in the income and expenditure of the payer’s funds, then the authority collects payments in the standard way on the basis of Article 81 of the RF IC, which contains a clause on the possibility of increasing or decreasing.

In addition to changes in family and financial status, the grounds for revision may be other factors that deserve attention, determined by the authority independently. Therefore, the outcome of the case depends on the development of strategy and tactics: how to behave in court regarding alimony, what arguments to present.

Drawing up a statement of claim

A statement of claim for the recovery of child support must be drawn up in accordance with the standards characteristic of all documents of this type. The applicant will need to provide the following information on the paper:

name of the recipient institution;
Full name and residential address of both the plaintiff and the defendant;
place of work of the defendant (if any);
circumstances and information that are important when considering the case (this includes the full name and date of birth of the common child, his place of residence, the degree of involvement of the second parent in the financial support of the child, the presence or absence of child support obligations on the part of the defendant in relation to other persons, etc.);
a request to collect alimony from the defendant (here it is recommended to indicate not only the desired payment scheme, but also the method by which the transfer of funds will be carried out - cash/non-cash payment, postal transfer, etc.);
listing of attachments (usually these are copies of the applicant’s passport, certificate of marriage/dissolution of marriage, birth certificate of a child, certificate from the housing fund about the cohabitation of a minor with the plaintiff, salary certificates of the plaintiff and defendant, as well as other documents attached at will the plaintiff herself);
a receipt for payment of the state fee in the amount of 150 rubles for consideration of the property claim (the court places the obligation to cover this fee on the defendant, and not on the representative and defender of the interests of the child).

This is important to know: How to cancel a writ of execution for alimony

At the end of the application, the woman must put the date and her signature.

Within 5 days from the moment the paper is accepted for consideration, the court makes a decision to initiate proceedings. It will be started if the application is drawn up in accordance with current standards (i.e. without errors of a formal and substantive nature), submitted in 3 copies and supplemented with all the necessary supporting documents.

At the same time, the court may return her written claim to the woman, explaining the reason. Returning the paper will not prevent you from resubmitting it. As soon as all the problems are resolved, the statement of claim can be submitted again to the same court office. However, there is another option for the development of events - a refusal to initiate legal proceedings. This is possible in the following cases:

The court will consider that in the current situation the rights and interests of both the plaintiff and the minor child are not affected or infringed.
The civil dispute between the parties has already been resolved by a court of this jurisdiction.

Time limits for collecting child support

The case of collecting alimony from the second parent is considered within 1 month. It is during this period that a meeting is held, at which both parties and witnesses must be present.

After the hearing, the authorized person issues a special court ruling, which comes into force exactly 30 days after official publication. During this time, the defendant will have the right to file an appeal and appeal the verdict to a higher authority - for the magistrate's court, this place will be the district court. If the defendant agrees with the provisions of the court order, it will enter into force after the specified period. As soon as this happens, the plaintiff will receive the original writ of execution.

In addition, in her application for alimony, the plaintiff will have the right to request alimony for the past 3 years (or less). Retroactive collection of funds is possible only if the woman can confirm that within the specified period she made attempts to involve the second parent in the financial support of the child.

Writ proceedings for the collection of alimony: essence and features

Initiating legal proceedings on the basis of a statement of claim with the subsequent issuance of a court order and the issuance of a writ of execution is not the only way to establish alimony legal relations. The obligation to provide financial support for a minor can also be assigned to the parent in another document - a special court order.

A court order for the payment of alimony is equivalent to a writ of execution. It is issued to the applicant after 5 days from the date of the first application. At the same time, the plaintiff will not be able to deceive the court, because a copy of the order will be sent to the alimony payer himself. He will retain the right to object and protest - in any of the next 10 days, the man will be able to go to court and express his disagreement with the provisions of the issued document in writing. In this case, the order will be canceled and the proceedings will begin anew, but in the ordinary court procedure. If no objection is raised, then the order will gain full legal force.

A court order for the collection of alimony is issued solely on the basis of an application submitted by the plaintiff to the magistrate’s court either at the defendant’s place of residence or at his place of residence (to choose from). This document contains the following information:

name of the court;
personal information about both parties (full name, residential address);
an indication of the circumstances that are important when considering the case (the current order of child support, full name and date of birth of the minor, the presence or absence of other dependents of the defendant, etc.);
references to regulatory legal acts of the Russian Federation (Article 81 of the RF IC, Article 122 of the Code of Civil Procedure of the Russian Federation, etc.);
a request for a court order to collect alimony;
a list of attached materials (usually copies of a marriage or divorce certificate, a child’s birth certificate, a certificate from the housing fund about the minor’s cohabitation with the plaintiff, the applicant’s passport and parents’ income certificates);
date of compilation and signature.

Where do I have the right to file for alimony at the place of residence of the plaintiff or defendant?

– News – Where I have the right to apply for alimony at the place of residence of the plaintiff or defendant

Where to apply for alimony? However, a situation cannot be ruled out when the defendant does not live at this address or does not have registration at all, and his actual place of residence is unknown to the person filing the claim.

In this case, the place of trial is determined by the last known address where the defendant lived, or the address where his property is located.

In this case, the plaintiff is obliged to provide the court with materials confirming the fact that the defendant’s place of residence is unknown to him.

To establish the place of residence of a citizen who is evading providing for his child, the plaintiff can contact the police, however, this route is not always justified, as it is considered long. It is more effective to file a petition to search for the defendant during the consideration of the case in court. Despite the fact that, according to Art.

Where to apply for alimony?

The statement of claim for the recovery of alimony is submitted to the magistrate. The claim can be filed at your place of residence or at the place of residence of the defendant. Attention: The plaintiff is exempt from paying state fees.

The claim for child support must be accompanied by a birth certificate of the child(ren), which will confirm that the defendant is the parent.

You also need to attach a certificate of family composition, which will confirm that the child lives with the plaintiff and is supported (dependent) by him.

If the parents were married, a certificate of its conclusion (of divorce, if the marriage is dissolved) must be attached to the application. If the parents were not married, this document does not need to be attached. When drawing up a written statement, it is recommended to use the rules for drawing up a statement of claim.

If paternity is officially established, the child has the right to receive financial assistance from both parents until the age of 18. Both parents must fulfill their responsibilities. It often happens that one of them does not want to help provide for the child.

In this case, the other parent can apply for child support in favor of the child. It is not possible to conclude a notarized agreement on the payment of alimony on a voluntary basis in all cases.

Important Family relationships can be difficult. Then the parent who cares for the child can exercise his right to receive payments. So, if the plaintiff needs to file for alimony, while dividing jointly acquired property worth more than 500 thousand rubles, the statement of claim is filed with the district court.

How to apply for alimony in another city

Magistrate of the court district No. for the city Plaintiff: (full full name, address) Defendant: (full full name, address) Price of the claim (amount of payments for the year) STATEMENT OF CLAIM for the recovery of alimony for the child (children) I and (full full name of the defendant) are the parents of a minor child (children) (full full names of children, date of birth).

The child (children) live with me, I fully provide for them financially, the defendant does not provide financial assistance for the maintenance of the children. The defendant has no other children, and no deductions are made from him under writs of execution.

In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation, I request: To recover from (full full name.

Where is the best place to apply for child support at the place of residence of the father or child?

How to apply for alimony in another city

A claim for alimony must be filed in the magistrate's court at the place of residence of the plaintiff or defendant.
The court review period takes 1 month.
A court hearing is held in the presence of the parties.
A statement of claim for the recovery of alimony differs from a court order in that it can simultaneously ask the court for the following:

On the collection of alimony payments for the maintenance of the child's mother.
To collect alimony from a non-working person or not registered at the workplace, in a fixed amount of money or in property.
Receive payment of alimony from the defendant for the past period.

When a claim is filed in a district court The district court has the right to consider such cases only if the statement of claim is simultaneously associated with the establishment of another legally significant fact. Regardless of whether an application or claim is submitted, the following documents must be attached to it:

A copy of the applicant's passport.
A copy of the birth certificate of common children.
A copy of the marriage certificate.
Certificate about how many people the family consists of.
Certificate of income of the parties.

In addition, if the case is considered in court, the costs necessary to maintain the minor and the calculation of the amount recovered must be justified.

It's fast and free! Which court should I file my application with—district or magistrate? To understand which court to file a claim for alimony, it is important to know the structure of the judicial system. Lawyer.

RU 156 lawyers are now on the site

Good afternoon ! Where can I apply for alimony if the plaintiff and defendant live in different cities? Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

The plaintiff and defendant live in different cities; in which court should the claim for debt collection be filed?
How to apply for alimony if we live in different cities?

Lawyers' answers (6)

All legal services in Moscow Collection of alimony Moscow from 20,000 rubles. Support of real estate transactions in Moscow from 40,000 rubles.

Its main features:

An application for a court order must be submitted to the Magistrates' Court.
It must contain complete information about the plaintiff and defendant, including his place of work and salary.
The review period by the judge is relatively short, taking 5 days from the date of application by the applicant.
The decision in the form of an order is made by the court alone. A court hearing in the case and the presence of both parties is not required.

There are negative aspects of the court order that the applicant needs to take into account:

The defendant has the right to disagree with the document issued and not to justify it.

In this case, the applicant will have to go to court a second time, but with a statement of claim.

It is possible to recover material resources from the defendant only in a fraction of the actual earnings.
To conclude it you must:

Consent of both parents and their mutual agreement on this form of child support payments.
Availability of payment conditions that will be beneficial to each party.
Joint application to the notary with the following documents:
child's birth document;
salary certificate;
presence of a child if he is 14 years old.

You can enter into a voluntary agreement even if you are not married. At the same time, the main thing that is important to consider when choosing this method of assignment is that you cannot pay less than what is established by law to provide for a child.

Support of real estate transactions in Moscow from 40,000 rubles.

How to apply for alimony in another city
Where to apply for alimony?
Where to go and apply for alimony?
How to collect alimony if your place of residence is unknown
Where do I have the right to file for alimony at the place of residence of the plaintiff or defendant?

How to apply for alimony in another city To do this, he must submit an application for alimony to the court:

A simplified method is to issue a court order.
A full-fledged lawsuit is about the assignment of alimony from the second parent, who evades payments.

In order to recover alimony from a father who evades financial assistance in supporting his child, he must be entered in the appropriate column of the child’s birth certificate. This typically occurs when the other parent, usually the child's father, behaves in the following ways:

Does not want to take part in its content.
I do not agree with the established payment amount.
There is no agreement on the frequency of payments.

In the above situations, you can defend the interests of the child using one of the following options:

apply for a court order;
apply to the court to collect alimony.

Thus, it is the court that is the institution where you need to file a claim for alimony. A child support order is a simplified way of collecting alimony payments through the court.

Where do I have the right to apply for alimony at the place of residence of the plaintiff or defendant? Attention: This document determines the amount, terms, procedure for paying alimony and other nuances of the financial support of my children.

Agreement on the payment of alimony on a voluntary basis. An alimony agreement is a document that determines all the nuances of providing for a child by one of the parents. It is drawn up and certified by a notary on mutually beneficial terms with the participation of both parents.

Where to apply for alimony? If there are no objections from the debtor who received a copy of the document, then the court order is issued to the applicant. The claimant can submit an order for execution within 3 subsequent years.

In order to quickly collect alimony payments from the debtor, you can submit a court order to his employer. Then the accounting department will begin to transfer payments from the payer’s next salary.

Procedure for paying alimony

The procedure for paying alimony (i.e., the scheme, exact amount and frequency of payments) is described in the writ of execution or court order issued to the woman if her request is granted. Next, the mother of a minor child will need to contact the territorial office of the Federal Bailiff Service at her place of residence. Employees of this state organization will ensure the actual collection of funds from the alimony payer and will ensure that the court decision is executed.

Bailiffs will have to initiate enforcement proceedings within 3 days from the date of receipt of the original writ of execution or court order. During this period of time they will need:

Call the payer for a personal conversation.
Explain to the parent the procedure for paying child support. Deductions can be deducted from a citizen’s salary automatically. In this case, he will not have to worry about anything, because... The accountants of the employing organization in which the person is registered will be responsible for the calculation and collection of alimony. If the parent does not have a permanent job, he will have to pay child support himself. In addition to the fact that the payer will need to monitor the timeliness and sufficiency of payments, bailiffs may also require him to provide regular reporting - receipts for the transfer of cash, checks for bank transfers, etc.
Tell the citizen about his rights and responsibilities.

In case of failure to comply with a court decision, bailiffs will have the right to apply sanction measures to the evader, which include searching and seizing the debtor’s property, checking his financial documents, suspending certain special rights (for example, the right to drive a vehicle, the right to travel abroad, etc. ).

How to collect alimony debt if the debtor has moved to another city?

Often, after alimony is assigned, the debtor evades payments and, as a result, arrears arise. Since the writ of execution is submitted for execution to the bailiff service, they are the ones who collect the debt.

Bailiffs, on the basis of Federal Law No. 229-FZ “On Enforcement Proceedings,” when influencing the debtor, apply the following measures:

They call for a conversation with the bailiff. If the debtor does not show up for the appointment, the bailiff issues a forced arrest.
They restrict the use of a special right, that is, they suspend the validity of a driver’s license.
The debtor is wanted.
They impose a ban on traveling outside the Russian Federation, provided that the debt exceeds 10,000 rubles.
Seize the property and bank accounts of the debtor.

The application of such a set of measures is complicated if the debtor lives in another city. Bailiffs carry out their activities in the territory of a certain subject.

The bailiff puts the debtor on the wanted list and finds out his whereabouts. If it is established that the alimony person lives in another area where the powers of the department do not extend, the bailiff transfers the enforcement proceedings to another territorial unit.

Since the debtor can be brought to justice only after he is notified of the debt, the bailiffs at the defendant’s place of residence are obliged to notify him of the debt and take all necessary measures to collect alimony.

Judicial practice on alimony: review

Legal proceedings in cases of collection of alimony in favor of minors are individual in each individual case. Despite the fact that such claims are usually granted, judges carefully analyze the financial and family situation of both parties, and also take into account the immediate interests and needs of the child. In this regard, the judge may deviate from the size of shares established by paragraph 1 of Art. 81 of the RF IC, make a decision to collect alimony in the TDS format, despite the plaintiff’s wish to receive money as a share of income, etc. Such adjustments can be either justified or unjustified.

Example. By the decision of the magistrate's court in the case of collecting alimony, initiated by citizen A., the mother of minors N. and Z., it was established to withhold 1/5 of the wages of the defendant, citizen L., for two children (instead of the required 1/3). The court motivated this by the fact that the father received a high income (over 45,000 rubles ), and, therefore, large alimony payments could be spent for other purposes. In addition, the defendant had an obligation to repay the loan, which the judge considered sufficient grounds for reducing the amount of alimony payments.

However, citizen A. was not satisfied with this decision, and therefore she wanted to appeal it in the district court. After re-examining the case, the judge decided to invalidate the previous decision and ordered the defendant to pay alimony in the amount of 1/3 of all types of earnings. The judge explained his verdict by saying that the presence of a high salary, as well as the obligation to repay the loan, cannot serve as a sufficient basis for reducing the amount of alimony, which is enshrined in paragraph 1 of Art. 81 IC RF. The defendant had the objective opportunity to pay money for the maintenance of two children in the amount of 1/3 of his earnings, and, therefore, had to do this on a general basis.

This is important to know: Statement of claim for the recovery of alimony for the maintenance of a parent: sample

When collecting alimony forcibly, a person representing the interests of a child will not be able to do without thorough legal knowledge. This process consists of a whole range of actions: writing and submitting statements, collecting documents and evidence, defending your own position during hearings.

A professional lawyer will not only help collect child support from the second parent, but will also ensure that during the settlement of the situation in court the interests of both his client and the minor child are not infringed.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;

Is it possible to apply for alimony at the plaintiff’s place of residence and how to do it

Is it possible to apply for alimony at the plaintiff’s place of residence? Later in the article.

Which court should I apply to - district or magistrate?

To understand which court to file a claim for alimony at the plaintiff’s place of residence, it is important to know the structure of the judicial system. Vessel categories:

republican/territorial/regional;
global;
regional

There are also military judicial bodies that hear cases involving military personnel.

However, their competence includes exclusively the consideration of cases related to crimes committed by military personnel and cases concerning the relations of soldiers or officers with the structures of the Ministry of Defense.

Thus, even if the parent who is avoiding providing for the child is a military serviceman, filing a claim for child support in a military court is excluded.

The district court also considers claims related to the payment of child support, when parental rights are challenged and there is a dispute about establishing paternity.

If the defendant refuses to admit that he is the father of a child for whom the other parent is trying to collect child support, the district court will order a DNA examination. When the fact of paternity is confirmed, the case is considered in accordance with the general procedure.

In a number of cases, the assignment of alimony is carried out by a magistrate's court according to a simplified scheme, which provides for the replacement of a costly and lengthy trial procedure with the issuance of an order.

Practice shows that the use of this tool makes sense only if the defendant agrees to pay alimony.

If the defendant files an objection within 10 days, the case will be considered through a lawsuit.

Appointment of alimony based on a court order is possible in the absence of: (more details in the article: procedure for collecting alimony based on a court order)

interests of third parties – the defendant does not pay child support for other children;
dispute over recognition of paternity;
requirements for the calculation of alimony for disabled children who have reached the age of majority;
requirements for calculating alimony in a fixed amount.

The court order is issued in one sitting. The consideration of the case involves a quick trial in the presence of both parents of the child.

Territorial jurisdiction of cases of alimony collection

Having figured out which judicial body needs to file a statement of claim, the plaintiff should determine the location of the proceedings.

It is necessary to take into account that the work of justices of the peace is carried out in territorial areas, and therefore, when considering cases of calculating alimony, the place of residence of the person filing the claim and the parent evading financial support of the child is taken into account. You can find out the territorial jurisdiction of alimony cases on the official website of the court or in the reception room of the magistrate.

General rules

According to the general rule, claims for alimony are filed at the place of residence of the person who files the claim. If the defendant is a foreigner, the plaintiff has the right to apply for alimony to the Russian court at his residence address.

After receiving the writ of execution, the person who filed the claim will have to legalize the decision of the Russian court in the defendant’s country of residence. It must be admitted that this method is not reliable, because

foreign courts are reluctant to enforce decisions made by the judiciary of other states. Therefore, it is considered rational to file a claim with the judicial authority of the state where the defendant lives.

Exceptions

Art. 29 of the Code of Civil Procedure of the Russian Federation provides, as an exception, for the possibility of filing an application for the collection of alimony both at the place of residence of the defendant and at the place of residence of the plaintiff and the child. In fact, the plaintiff is given the right to choose the place where the case will be heard based on personal convenience.

In the selection process, the plaintiff should be guided by whether he, the defendant and other persons will be able to participate in meetings of the judicial body. It is also necessary to take into account the location of the main part of the evidence in the case, the place of residence of witnesses and a number of other circumstances that affect the duration of the trial and the completeness of the evidence base.

Identification of the defendant's residential address is based on information about his registration. However, a situation cannot be ruled out when the defendant does not live at this address or does not have registration at all, and his actual place of residence is unknown to the person filing the claim.

In this case, the place of trial is determined by the last known address where the defendant lived, or the address where his property is located. In this case, the plaintiff is obliged to provide the court with materials confirming the fact that the defendant’s place of residence is unknown to him.

To establish the place of residence of a citizen who is evading providing for his child, the plaintiff can contact the police, however, this route is not always justified, because considered long. It is more effective to file a petition to search for the defendant during the consideration of the case in court.

Despite the fact that, according to Art. 29 of the Code of Civil Procedure of the Russian Federation, the plaintiff is given the right to choose the court considering the issue of alimony at his own discretion; this rule may not be applied in all cases related to alimony. For example, consideration of claims related to changes in the amount of alimony is carried out at the defendant’s place of residence.

When filing a claim for alimony in the court at the defendant’s place of residence, the plaintiff must be prepared for the fact that attending court hearings may be difficult due to the remoteness of the place where the case is heard.

In this situation, the plaintiff can request that the case be considered in his absence. However, refusal to participate in meetings is highly undesirable, because

the plaintiff may face a number of difficulties (for example, due to his absence, being late in filing objections).

Jurisdiction for collecting alimony

If it is necessary to collect alimony from any person, it is necessary to follow the procedure prescribed by law. At the moment, in order to collect alimony, it is necessary to file not a statement of claim, but a petition for a court order to collect alimony payments.

This procedure simplifies the conduct of cases for both the plaintiff and the defendant, due to the fact that most of the actions in this case are carried out without their participation, and the time frame for its consideration is shorter than the conduct of a full-fledged case. However, not every court can issue such an order, and it can be issued differently, depending on the current situation.

General jurisdiction for the collection of alimony

In general, at the moment, Russian legislation provides for the institution of magistrates to resolve most family issues, including those related to the payment of alimony. Therefore, collection of alimony is also carried out by appealing to a magistrate. The plaintiff has the right to file such appeals both at his place of residence and at the place of residence of the defendant.

At the same time, the magistrate acts as a court of first instance, therefore the process of appealing his decision on a claim or the order issued by him provides for subsequent appeal not to district courts, but directly to the appellate instances, and, subsequently, to the cassation courts.

Helpful advice: you can find out the justice of the peace at a specific address using the state portal of the State Automated System “Justice”. The same system indicates a separate official website for each specific magistrate, where you can find out more detailed information related to his work.

The general rules when applying to the magistrate's court regarding alimony are as follows:

The application must provide for the consideration of one case under one article of one code;
The appeal must be carried out at the place of residence of the plaintiff or defendant;
Collection of alimony is carried out by filing an application for an order to make alimony payments; claims for direct forced collection of payments by the magistrate court are not considered.

Jurisdiction of alimony cases in district courts

But not in every case the collection of alimony falls under the responsibility of the magistrate’s court. If one claim or one application requires two actions from the court, for example, the simultaneous establishment of paternity and the subsequent collection of alimony, then obtaining a court order for their payment will be impossible, and the statement of claim will need to be sent to the district court.

In general, the district court has jurisdiction over child support cases in the following cases:

When, in addition to the payment of alimony, other demands come from the plaintiff;
If in order to pay alimony it is necessary to first establish paternity in court;
When the defendant makes a counterclaim;
In situations where it is necessary to deprive the father of parental rights and demand alimony from him.

An important fact: if a claim for alimony is filed simultaneously with a demand for divorce in court, then in this case the total time for satisfying this claim may be more than one month, regulated for issuing orders for the award of alimony. Therefore, if there is an urgent need to obtain a court decision on alimony, it is recommended to open two separate proceedings.

What to do if the whereabouts of the defendant are unknown?

The law obliges all persons staying on the territory of the Russian Federation to obtain temporary or permanent registration. If the defendant is not registered anywhere, it may be difficult to file a claim. Difficulties will also arise if the defendant’s place of residence is unknown to the plaintiff.

To clarify the information, relatives should be interviewed about the location of the child’s father. Then the ex-wife has the right to file a claim for alimony at her place of registration.

Advice! If the location of the defendant, his place of work and the amount of income are unknown, it is better to establish the amount of alimony payments in a fixed amount.

Jurisdiction of claims for alimony in certain situations

The complexity of the jurisdiction of alimony claims may arise if one or both parents are non-residents of the Russian Federation, or permanently reside outside the territory of Russia. However, all these issues can be resolved. It should be taken into account that Art. 163 of the RF IC implies the resolution of disputes regarding children in accordance with the legislation of the country of which these children are citizens. However, the same article of the Family Code provides for the possibility of resolving such issues under Russian law if at the time the claims arise the child is on Russian territory.

If the person from whom alimony is being collected is not a citizen of Russia, then it is possible to appeal both to the court of a foreign state, in the form prescribed by it and according to its legislation, and to Russian courts . Such cases, like other cases, are subject to jurisdiction by magistrates' courts, with the exception of the reasons listed above for consideration by district courts. In general, three main situations are possible when contacting a Russian magistrate regarding the collection of alimony from a foreign citizen:

In the absence of an interstate agreement on the recognition and implementation of court decisions, the writ of execution will not be carried out by the Russian bailiff service in the event of a positive court decision. In this case, the case will be entirely within the jurisdiction of the courts of the state in which the defendant resides.
If the above-mentioned agreement is present, but requires the recognition procedure, then after the magistrate or district court makes a decision, the same court should be petitioned to allow the execution of such a decision on the territory of another power. The responsibility to draw up documents and send them to the relevant authorities will lie with the court and cannot be assigned to the plaintiff.
If there is the agreement described above without the requirement to carry out procedures for recognition of the decision, then no petition will be required - the bailiff service will simply open the relevant proceedings, transferring it to the executive services of another state.

Other non-standard situations, for example, receiving alimony from a prisoner, are no different from the general collection procedure and are resolved with the help of an application for an order for the forced execution of alimony payments in favor of the plaintiff.

The Supreme Court clarified the collection of alimony

Literally at the end of 2020, the Plenum of the Supreme Court of the Russian Federation adopted a new resolution explaining to the courts the practice of applying the legislation on the collection of alimony for persons in need of financial support.

In this article, taking into account the changes from October 1, 2020, we will consider the main points regarding the application of this resolution in terms of the application of the law, jurisdiction, payment of state duties, and the collection of alimony in a fixed amount.

Basic moments

As the Plenum points out, the main document regulating the procedure for paying alimony, the grounds for such payments and their termination, as well as the circle of persons entitled to receive alimony payments and obliged to pay them, is section five of the Family Code of the Russian Federation.

As before, voluntary agreements between interested parties have the prerogative. If it is impossible to agree on the procedure for paying alimony under the agreement, the interested party has the right to apply to the competent court for its appointment.

As for the generic jurisdiction of cases related to alimony payments, from October 1, 2020, magistrates only had jurisdiction over cases of issuing a court order for the collection of alimony. All other disputes related to the assignment of alimony, changes in its amount, exemption from payment, as well as the collection of penalties for late payments are now within the jurisdiction of district courts.

The issue of jurisdiction over alimony cases by district courts is separately considered. The Plenum indicates that district courts consider cases of alimony collection as a court of first instance if, at the same time as such a demand, a demand is filed that is not within the jurisdiction of the magistrate. For example, establishing paternity or maternity, depriving parental rights to children or limiting them.

Also, it is the district courts that have jurisdiction over disputes arising when challenging agreements on the payment of alimony. These may be cases of changing the terms of such an agreement, its termination or invalidation.

This is important to know: Application for a court order to collect child support: sample 2020

The Supreme Court officially established the rule that claims with simultaneously stated demands for the collection of alimony and for establishing paternity can be filed at the place of residence of both the defendant and the plaintiff. The same rule applies when any interested person entitled to alimony makes an independent demand only for the collection of alimony.

Jurisdiction should also be determined if a claim for alimony is filed in the interests of persons entitled to receive alimony. This rule applies when filing claims for alimony and establishing maternity.

However, if the alimony payer wants, for example, to change the amount of alimony collected from him or makes a demand for exemption from payment of alimony or arrears, then he needs to file a claim only at the place of residence of the person to whom he pays alimony (recipient of alimony).

Is it possible to apply for child support in another city?

If a parent who evades child support has moved to another city, the plaintiff has no obstacles to collecting child support payments. The procedure for assigning alimony follows the general procedure, but has some amendments.

Parents of a minor can resolve the situation in the following ways:

Voluntarily - having reached mutual agreement, a man and a woman enter into an alimony agreement, which requires mandatory certification by a notary.
Forcibly - one of the parents goes to court with a statement of claim for the assignment of alimony payments.

According to Art. 19 of the Constitution of the Russian Federation, citizens of Russia have the right to protect their interests in any judicial body on the territory of the Russian Federation. But when filing a claim, you should take into account the circumstances of the case.

Important! A claim is filed in court based on the nuances of the case under consideration, its jurisdiction and jurisdiction. An application for the assignment of alimony obligations is considered according to the territoriality and competence of the judicial authority.

In most cases, the statement of claim is filed at the defendant’s place of residence. If the spouses have already officially divorced, and the mother makes a separate demand for alimony, then no conditions are required to apply to the judicial authority at the plaintiff’s place of residence.

As for the situation when divorce and alimony are considered simultaneously, there are some restrictions. If the child’s mother cannot travel to another city due to significant circumstances, which are determined by Art. 29 of the Code of Civil Procedure of the Russian Federation, she has the right to go to court at the place of her own registration. In this case, the plaintiff will need to provide evidence confirming the circumstances that do not allow him to leave the city.

Order and claim proceedings

The magistrate, who considers cases of alimony collection, now uses in his work only one type of judicial proceedings: writ proceedings.

The judge issues a court order for the collection of alimony when only a demand is made for its collection as a percentage of wages and other income. Such a requirement must be formalized in the form of an application for a court order. If a person goes to court with a statement of claim, and not with an application for a court order, then the judge returns the claim back.

A court order is not issued if the applicant wants alimony in a fixed amount. When considering disputes regarding the assignment of alimony in a fixed amount, many circumstances must be clarified. This requires holding full-fledged court hearings with summons and questioning of the parties on the merits of the dispute and examination of evidence. The magistrate refuses to accept an application for a court order in the following cases:

Do you want to be the first to read useful articles? Subscribe to the page on VKontakte!

When the debtor already pays alimony in favor of other persons.
When a claim is made to receive alimony in a fixed amount or both in a fixed amount and as a percentage.
When, with a request for the collection of alimony, a demand is made for the assignment of alimony not from the moment of application, but for the previous period (in case of evasion of the provision of maintenance).

If, after receiving the court order, the debtor files an objection to it within ten days, then the judge, by his ruling, cancels such an order and explains to the claimant his right to file a claim in court for the assignment of alimony in the general manner.

When there is a concluded and notarized agreement on the payment of alimony between the parties, then it is possible to go to court to collect alimony only in cases where, simultaneously with the demand for alimony, demands are made to declare the agreement invalid or to terminate it.

How long does the trial take?

As a rule, the trial takes place in 1-2 sessions. That is quite fast.

Now it is not necessary to go to court with a statement of claim. You can apply for a court order . This is much faster - the order is issued within 10 days. The claimant receives a court order, takes it to the bailiff service and alimony is collected.

If the debtor challenges the court order, then the case moves into litigation. You need to file a claim. After the trial, you need to wait for the court decision to enter into legal force, obtain a writ of execution and submit it to the bailiff service. The entire process may take 2-4 months.

Payment of state duty

In accordance with tax laws, when filing applications for the collection of alimony or penalties for minor children, the applicant is exempt from paying state duty. The amount of state duty is subsequently collected from the alimony payer.

However, if the person paying alimony wants to change the amount of alimony payments or receive an exemption from payments, then they pay a state fee in accordance with the established rules, based on the price of the claim:

If a requirement is made to reduce the amount of alimony collected, then the state duty is calculated based on the amount by which payments and distributions are reduced or increased, but not more than for a year.
If a request is made for exemption from alimony payments, then the state duty is calculated based on the totality of the remaining payments and issues, but not more than for a year.

Collection of alimony in a fixed amount

What circumstances does the court examine when assigning alimony in a fixed amount? In this case, the general rule applies that the amount of alimony is determined based on the financial and marital status of both parties to the alimony dispute. At the same time, the court also takes into account other circumstances relevant to the case of each of the parties to the dispute.

When the financial situation of the parties is determined, all types of their income are taken into account (wages, income from business activities, from the use of the results of intellectual activity, pensions, benefits, payments for compensation for harm to health and other payments), as well as any property belonging to them (including securities, shares, deposits made in credit organizations, shares in the authorized capital of a limited liability company).

When establishing the marital status of the alimony payer, the facts of whether he has other minors or disabled adult children or other persons whom he is obliged by law to support are subject to clarification.

It should be taken into account that disabled adults who have the right to apply for alimony payments should be understood as persons who are disabled people of groups I, II or III, as well as citizens of retirement age.

The circumstances that the court may take into account when determining the amount of alimony may include the following facts worthy of attention: disability or other incapacity for work of the defendant, the recipient of alimony has returned to work.

What facts does the court establish?

In addition to minor children, the following categories may also qualify for child support:

Children who have reached adulthood but are disabled for various reasons, disabled parents in need of help,
Disabled needy spouse.
The second spouse who does not have enough material resources to care for a common child who is disabled until the age of 18 or for a child who has been disabled since childhood, group 1. The same rule applies to former spouses caring for such children.
Disabled former spouses, under certain circumstances.
Other persons, the list of which is given in Art. 93 – 97 RF IC (brothers, sisters, grandfathers, grandmothers, grandchildren, pupils, stepsons, stepdaughters, stepfathers, stepmothers).

When collecting alimony in favor of the specified categories of persons who need help, the court establishes the financial situation of the person applying for maintenance. Its sufficiency for a full-fledged existence is determined, taking into account age, health status and other circumstances. Can a person satisfy his or her vital needs, such as purchasing necessary products, medicines, and paying for housing and utility services?

The amount of alimony in a fixed amount is determined by the court based on the equality of rights of both parties, taking into account their financial capabilities and other circumstances relevant to the case. If it is difficult to determine all the important factors that may affect the amount of alimony awarded, you should contact an experienced family lawyer.

Alimony is assigned based on the cost of living in the territory of residence of the alimony recipient for the relevant group of the population: children, working-age population, pensioners. If such values are not established in the subject of residence, then the cost of living in the Russian Federation is taken.