What documents for the elements. Documents for filing a claim in court

No matter how strong and happy a family is, it is not immune from the fact that it may fall apart in the future, and the mother with a child or children in her arms will be left alone. It is very difficult for any mother to raise and support a child in our time, and if there are several of them, then the task of maintaining and raising a child becomes simply unrealistic.

It’s wonderful when a father, no longer living in the family, continues to help, but this happens, unfortunately, extremely rarely. Then the single mother can only rely on the legislation, which proposes recovery from the father of the children (child). How to apply for alimony?

Amounts and methods of collecting alimony

The law establishes that they are paid to children by the time they reach adulthood. Typically, they can take the following forms:

• monetary fixed form- when the parent does not have a regular income, also if it is unstable or transfers funds in foreign currency;
• a set percentage of his income- if there is a constantly unchanged parent’s income, a child has the right to a quarter of it, two children - to a third, and three or more - to half of the income of one of the parents.

There are two ways to collect alimony:

1. Voluntary payment

When the parents have agreed peacefully and one of them agrees to pay child support, an agreement is concluded, which is written by a notary, in a certain form and certified there in the manner prescribed by law. This procedure and methods of payment are prescribed only in the presence of both parties.

Of course, the amount cannot be less than what would be determined in court. If one of the parties wishes to make some changes to the agreement over time, all related procedures are also certified by a notary. An existing agreement can only be terminated through court.

2. Judicial payment

The most common way. The parent with whom the child lives can sue. The parent writes a statement of claim at a judge’s appointment or sends it by mail, pays a state fee for its consideration and waits for the court’s decision.

From the moment the court decision comes into force, the parent receives a writ of execution and delivers it to the bailiff service, who monitor the procedure for paying child support to the defendant.

Institutions where documents for alimony are submitted:

• district court - where paternity is most often disputed and determined, and genetic testing is carried out;
• magistrate's court - a simplified procedure is carried out, where an application for the issuance of a court order is written, the presence of both parties is not required, with unknown paternity;
• Bailiffs Service- you are writing an application for recovery, but you do not know the defendant’s place of work.

Alimony without divorce (in marriage), in divorce and cohabitation

Let's look at the most common situations leading to issues of alimony payments.

Married

How to apply for alimony without divorce? Today there are many such parents who do not give their offspring money and live in a legal marriage.

What can be done in this case? First, to receive alimony, you need to try to negotiate on a voluntary basis, but if it doesn’t work out, then, most likely, you will have to go to court, or even file for divorce.

For information on the procedure for collecting alimony, see above.

Divorced

The procedure is no different from the procedure when the parties are married (without divorce). The only thing is that after a divorce, in addition to the baby, one of the spouses can still receive alimony.

Persons having this right:

• a former pregnant wife who became pregnant while still married;
• one of the spouses who raised a common child for the first three years;
• one of the spouses who cared for their common disabled child of group 1 until adulthood;
• one of the disabled spouses who became disabled during the marriage or a year after the divorce;
• one of the spouses is of retirement age or has become disabled in groups 1, 2, 3 after a divorce for 5 years or married life for more than 10 years.

In cohabitation (civil marriage)

All children born in cohabitation have the same rights as those born in a legal marriage, but only if they are recognized and have a legally established father. If the father disputes his paternity or has not been established, an expensive forensic genetic examination is carried out.

What documents need to be submitted for child support?

If the father refuses to pay child support voluntarily, in order to recover it from him, a claim must be filed in court. But for this you need to know exactly how to draw it up correctly and what documents are needed for this. The length of the trial will depend on how correctly you drafted the application.

To file a claim with the court, you must indicate:

• name of the court to which the application was filed;
• the name of the plaintiff, the defendant and the name of the plaintiff’s representative (if filed by a representative);
• information about the parties’ residence, telephone numbers (if any), postal code;
• claims and their justification;
• indication of evidence and references to it;
• list of documents attached to the application;
• amount of penalties according to the application (in the claim).

List of accompanying documents:

1. a copy of the marriage certificate;
2. a copy of the divorce certificate;
3. a copy of the birth certificates of common children;
4. a copy of the plaintiff’s passport with registration and marriage registration mark;
5. a copy of the defendant's passport;
6. certificate of income of the parties;
7. certificate of residence of the defendant.

These are the basic documents, but sometimes some more information may be required about the child to whom alimony will be paid, such as: place of education, health, disability (if any), mother’s income and place of work.

The statement of claim and documents are submitted to the district court at the place of residence of the father (defendant).

There are cases when the plaintiff’s mother does not have information about the defendant’s income and certificates that confirm them, then the application indicates his place of work.

Filing a claim for alimony online

It is possible to file a claim online, which will save your time and money, after you register on the e-government portal, receiving an electronic digital signature.

This responsibility does not arise automatically. The process of processing alimony payments, although streamlined, requires the plaintiff to have some legal knowledge and adherence to a certain sequence of actions.

Who can file for child support?

Before you do, you need to know how to apply for alimony, and you also need to make sure that the law allows you to do this. Russian family legislation clearly defines the list of citizens who can apply for alimony and expect to receive alimony for their maintenance.

These are persons who need financial support due to a change in marital status, that is, divorce:

• children under 18 years of age, legitimate or adopted;
• those who have reached the age of 18 and are recognized as incompetent or incapable of work (disabled people, full-time students, etc.);
• a former spouse who has lost his ability to work and cannot earn his own living;
• ex-wife, if she is caring for a small child and is unable to work.

In addition, other needy relatives belonging to members of the payer’s family (grandmothers, grandfathers, grandchildren, sisters, brothers), as well as his adoptive parents, guardians or educators, have the right to collect alimony for their maintenance.

These individuals are not always able to file on their own, so a parent (usually a mother) or an official legal representative acts on their behalf. These persons will also be considered recipients of alimony.

Voluntary agreement of spouses to collect alimony

Recently, a voluntary method of collecting and paying alimony has become increasingly popular - the so-called alimony agreement concluded between the payer and the recipient.

Former spouses do not necessarily have to file a claim with a court or prepare an extensive package of documents. It is important for them to sit down at the negotiating table and peacefully resolve the issue of child support payments.

If the spouses have reached agreement on all points, then you need to draw up an agreement in writing yourself or seek help from a notary office or other legal company. They will help you draw up the document correctly and explain how to apply for alimony through an agreement.

The agreement must determine the exact date from which payments will be collected, establish their method and amount, and also reflect the procedure and timing for making money transfers.

Video: ALIMONY hidden questions and answers, all the NUANCES of this sensitive issue!

In order for the alimony agreement to become valid, like a court executive document, it must be certified by a notary. The latter will check the correctness of the agreement, make sure that the parties are legally competent and that no one’s rights (primarily the child’s) are violated by this document.

At the notary's office, the parties will be required to present passports, a document on a legal marriage or its dissolution, and records for the child who is the recipient of alimony. Often, a notary asks the child support payer to provide a certificate from work about the amount of income in order to make sure that the agreement indicates an adequate amount of payment for the child.

If the former spouses fail to agree on alimony, they will have to file a claim with the court.

How to apply for alimony during marriage or divorce

1. How to apply for alimony

As a general rule, a claim for alimony in a marriage or divorce is filed with justices of the peace. The number of the required court district is not difficult to determine - it must relate to the area of ​​the locality where the alimony payer lives.

But family law reflects several exceptions regarding the jurisdiction and territoriality of filing such a claim.

An application for the collection of alimony can only be submitted to a court of general jurisdiction (that is, to a regional, city or district court) if:

• the former spouse not only categorically refuses payments, but also hides his location and income for this purpose;
• the claimant demands alimony payments exclusively in fixed monetary terms and can justify her wish;
• one of the parties to a previously concluded alimony agreement does not fulfill or violates its clauses.

In these cases, the statement of claim will be accepted only by a court of general jurisdiction - city or district.

Although the priority is to file a claim for alimony at the defendant’s place of residence, the law allows for the rule of alternative jurisdiction here. This means that the plaintiff can submit an application to the office of the judicial authority located territorially in the area of ​​his residence.

2. What to indicate in the application for alimony

After determining the place where the claim will be filed, it is important to understand how to write a petition correctly and completely so that the court does not return it or leave it without action.

Schematically, the statement can be divided into three parts:

1. Preamble (or header). Placed in the upper right corner of the document. It indicates: the name of the judicial authority, personal and contact information of the plaintiff and defendant (last name, first name, patronymic, registration and residence address, telephone number), amount of the claim (it is equal to the approximate amount of payments for 1 year).
2. Information block of the claim. This is the text of the application itself, which indicates that the plaintiff and defendant are (or are not) married and are the parents of a child or children (full last name, first name, patronymic of all and date of birth). There must be an indication that the children live with the plaintiff, and she provides them financially, but the defendant does not provide any assistance.
3. Resolution part. It sets out the stated requirements: the amount of alimony, the procedure and timing of payments collected from the defendant. The list of attached documents and the number of copies of the claim are also indicated here (at least three - for the judge, the plaintiff and the defendant).

3. What is needed to apply for alimony

Separately, I would like to dwell on the issue of the amount of alimony payments. They are strictly established and enshrined in family standards. For the maintenance of one child, the alimony payer is obliged to pay one quarter of his income per month, for two children - a third of his earnings, for three, four or more - half. Alimony payments are monthly, but can be paid at other time periods previously agreed upon by the parties.
A fixed alimony payment can be assigned by the court in proportion to the size of the subsistence minimum for that period and only in cases where collection as a share of the payer’s income is difficult (unsteady earnings, salary in kind or in foreign currency, etc.).

The following must be attached to the application for alimony:

• metrics confirming the birth of a child (children);
• document on legal marriage (or its dissolution);
• a certificate from the housing office about the family composition of the plaintiff and defendant;
• a receipt confirming payment of the fee;
• a certificate indicating the defendant’s place of work and the amount of his earnings;
• other documents confirming the right to receive alimony and the declared amount of payment.

Procedure and result of consideration of a claim for alimony collection

If the statement of claim is filed with the court office justifiably, drawn up correctly and contains all the necessary list of documents, then it will be submitted to the judge for consideration.

He, in turn, will set a date for the court hearing and invite the parties.

Magistrates have a widespread procedure for the so-called shortened consideration of a claim. This means that they have the right not to invite the parties, but to consider the petition without their presence and render their verdict. In this case, a court order is issued.

In the courts of cities, districts and other populated areas, this procedure for considering a claim is not popular. The judge necessarily invites the parties to the meeting, hears them, carefully examines the presented documents and evidence, and only after that issues a decision. This will be a writ of execution.

These court decisions indicate: who should pay alimony, to whom, for whose maintenance, in what form, amount, from what date payments should begin to be made and when their end date will come.

It is precisely on the basis of one of these documents that alimony payments will subsequently be withheld and collected from the defendant’s income.

Who monitors execution

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Copies (but not copies!) of these decisions must go to the plaintiff, defendant, the bailiff's office at the payer's place of residence, and the accounting department at his place of work (if any).

It is the bailiffs who are called upon to monitor whether the court order is executed and whether funds are paid for the child.

In the accounting department of the enterprise where the payer works, monthly deductions are made from his wages on the basis of a writ of execution or a court order. If the defendant does not work, he must make contributions himself.

How to apply for alimony and receive payments under a voluntary agreement? Exactly the same as with court rulings. Its copies must be sent independently to the bailiff service and to the payer’s work.

Important points when applying for alimony

1. You can file a claim for alimony retroactively, that is, at any time. But only in the case that they have never been collected before and were not paid by the debtor under a court order or agreement. Even an adult child can file for alimony from his father if it has never been collected.
2. But you need to take into account the rule of the statute of limitations: you can file a claim at any time, but you can only collect alimony for the last three years.
3. You can refuse alimony by contacting the department of bailiffs involved in the relevant enforcement and writing a statement that the alimony amount has been paid in full or the claimant does not need it, since he is financially secure and has no claims against the payer. You will need to prove your good financial situation with documents.
4. Alimony can be requested again. For example, the plaintiff abandoned his claims for alimony and later decided to reclaim his rights to receive payments. The law allows their renewal based on a previously issued court order. It will not be possible to renew alimony if the plaintiff wrote on the writ of execution in his own hand that alimony was paid to him by the debtor ahead of schedule for the entire period in full.

How to apply for child support online

• your personal and contact information;
• information about the payer;
• territorial department of bailiffs, which should deal with collection;
• photocopy of the court decision or alimony agreement.

If all actions are carried out correctly, then after some time a notification will be sent from the bailiff service about the beginning of the collection of alimony.

Alimony is monetary compensation intended for the maintenance of minor children, elderly parents or one of the spouses, which a person who does not take part in the upbringing or maintenance of a disabled person is obliged to pay voluntarily or in court.

Who should pay child support?

Let us note that alimony relations are regulated primarily by Section V of the Family Code of the Russian Federation.

• Most often, alimony is paid for the maintenance of minor children, regardless of who they stay with. Today it is no longer uncommon for fathers to raise their children on their own, and according to the law, mothers pay certain compensation (alimony) for their maintenance.
• Elderly parents are also entitled to alimony if they are declared incompetent by the court or their pension does not correspond to the minimum subsistence level.
• One of the spouses who is declared incapacitated by the court (raising a common child under 3 years of age or is disabled in groups 1-2) can count on alimony.

Let's take a closer look at how to apply for alimony, who is entitled to it and what its amount may be. Using the links in the article you can read in more detail about this or that aspect of the relationship.

Child support in 2019

Child support is the direct responsibility of the parent who does not live with him, and is paid to the parent involved in his upbringing, maintenance, treatment, etc. Until how many years is child support paid? As a rule, until adulthood, but there are exceptions.

The Family Code provides for the collection of child support even after adulthood. If a child is disabled or became disabled after reaching adulthood (became incapacitated), the parents are obliged to support him and pay the amount of alimony determined by the court on the basis of a birth certificate issued by the civil registry office.

Child support is paid regardless of the parents’ financial income, and late payment or complete disregard is a criminal offense. Even if the father or mother is deprived of parental rights, they are required to pay child support.

Monetary compensation, that is, child support, goes to the mother or father who is dependent on the child.

Obligation of children to support parents

• Passport;
• Marriage or divorce certificate;
• Children's birth certificate;
• Certificate from the housing department about family composition (extract from the house register);
• Complete list of documents that may be required

If the marriage is not registered and the parent denies paternity, then before filing for child support, paternity must be proven and a genetic examination carried out, this will require an application to the district court.

Payment of alimony for one of the spouses

If the payment of alimony is carried out on the basis of a voluntary agreement on payment, then the amount should not be lower than that assigned by the court. Depending on the financial situation and other circumstances, the amount of alimony can be reduced or increased, but only by decision of the courts.

The amount of alimony worries many, because the social comfort of a person in need of material compensation directly depends on it. The amount of alimony may vary depending on the marital or financial situation of one of the spouses. If you think that the amount of alimony is not true, then you need to go to court.

The court considers the claim, and the amount of alimony can be changed for both the plaintiff and the defendant. Alimony for two children is assigned in the amount of 33%, and if one of the children has not reached 3 years of age, the court also assigns payments for the maintenance of the parent caring for the child. If there are children from different marriages, then the amount of alimony should be at least 1/6 for one child.

The amount of alimony may change if one of the spouses changes their marital status and a new family member takes responsibility for maintaining the children.

The phrase “Submit for alimony” means to go to court for forced collection of maintenance from the obligated person. The vast majority of such cases are the recovery of maintenance in favor of minor children.

When going to court, you must be guided by the Code of Civil Procedure. Article 23 of the Code of Civil Procedure prescribes that in case of collection of alimony, an application should be submitted to a magistrate. Article 29 of the Code of Civil Procedure leaves the plaintiff the right to choose a court: at his place of residence or at the place of residence of the defendant. When the plaintiff does not know where the defendant is now, he has the right to send an application to the previous known address of residence or the address of the property.

Simplified procedure

In cases where alimony must be collected for a minor child, Article 122 of the Code of Civil Procedure provides for the possibility of issuing if alimony is calculated as a share of income. This procedure is considered a simplified collection procedure, because it is enough for the parent to submit an application for the issuance of an order by the court, which, in turn, must contain:

• name of the court;
• Applicant's full name, address, telephone number;
• Full name of the debtor, address, telephone number and place of work;
• the requirement to establish alimony maintenance and the circumstances confirming these requirements;
• list of attached certificates and documents.

Required documents

Child support requirements must be supported by documentation. To do this, attach to the application:

• birth certificates for children;
• a certificate stating that the child lives with the claimant (for example, a certified certificate from the HOA);
• state duty receipt (amount - 100 rubles);
• if available, a certificate of the debtor’s income.

If the claimant does not have a certificate of the debtor’s income (this happens in most cases), the court independently determines the size of the second parent’s salary. The judge issues a court order within five days. It contains, in addition to information about the court, the claimant and the debtor, the amount of alimony to be paid monthly and account details. The debtor has the right to cancel the order: 10 days are allotted for this, counted from the moment of its delivery.

Consideration of the case in a lawsuit

If the other parent cancels the order, child support is required by filing a claim. The rules for determining jurisdiction and jurisdiction are similar for both filing an application and filing a claim.

The form of the claim and content are approximately the same as that of an application for an order. In addition to the previously listed certificates, the claim is additionally accompanied by copies for the defendant. The claim must reflect how alimony should be calculated: by establishing, by a fractional ratio to the salary, or by using two methods in combination.

However the court can either increase or decrease these shares, based on the financial condition of the debtor. If his earnings are not stable, or he receives a salary in the currency of another state, fixed alimony is established.

After examining the evidence presented and listening to the parties’ comments, the court decides to award alimony. Article 211 of the Code of Civil Procedure establishes that the decision on alimony awarded takes effect immediately.

A similar algorithm is applicable for collecting alimony from other obligated persons, for example, from able-bodied children, from a spouse, from parents whose children, although they have reached 18 years of age, are needy and disabled, etc.

In these cases, it is necessary to prove the existence of grounds for alimony. For example, adult children must prove that they are, firstly, disabled, and secondly, in need. Medical reports, certificates from social security authorities, etc. may be provided.

Sometimes one parent, most often the father, does not recognize the relationship with the child and refuses for this reason to pay child support. He is not and has not been in a marital union with a woman; he is not reflected in the child’s birth certificate as a father. In this case, the woman must file a claim to establish paternity and assign alimony.

A claim is filed in the district court, two state fees are paid: 100 rubles for collecting alimony and 200 rubles for acknowledging paternity. It is highly advisable to collect as many documents and certificates as possible indicating that there was a personal relationship between the parties.

Joint photos, witness statements, correspondence on the Internet or SMS correspondence are also suitable for this purpose. But the most significant evidence is the results of genetic testing. During the proceedings, it is paid by the court, and if the results confirm paternity, the burden of costs will fall on the defendant. If the results are negative, the plaintiff must pay it after the court makes a decision.

The writs of execution are sent to the bailiffs at the defendant’s place of residence. Bailiffs take measures to withhold alimony from a person’s income, in particular, by sending a corresponding resolution to the defendant’s employer.

If the defendant does not work and the debt accumulates, his property is seized and sold. The amount of alimony and the enforcement fee are taken from the proceeds, and the rest is returned to the defendant.

Filing an application for alimony is a rather serious and troublesome matter, and therefore it is worth preparing well in advance. An incorrect word or date in the statement of claim or in the document attached to it, and the consideration of the case may be delayed or the court will completely refuse to accept such a statement for its consideration.

What documents are needed to apply for alimony will depend on many circumstances:

• to what authority is the application written: to a magistrate, to a city (district) court, or to a voluntary agreement to pay alimony from a notary;
• a statement is written with a request to issue a court order or a claim is filed to claim alimony;
• for whose maintenance and for what reason is alimony collected: a minor child, a disabled adult, a mother with a one-year-old child, etc.;
• whether the location of the person from whom it is planned to receive alimony has been established, as well as his place of work, other sources and amounts of income;
• whether the marriage between the spouses has been dissolved or they are not yet divorced;
• whether alimony will be collected for the past period;
• others.

Documents for every occasion

You need to approach each situation and each statement individually and try to document every word and action you make. But there is a list of documents for filing for alimony, which remains unchanged in the presence of different circumstances. In each specific case, it is replenished with other papers.

Required documents:

1. Application (request to issue a court order or statement of claim to collect alimony). It is drawn up and submitted in two copies - one of them is registered in the court office, the second is marked with acceptance of the application and is kept by the applicant.

2. The applicant’s passport and its photocopy. Ideally, you need to copy all the marks in the document, but be sure to copy pages with photographs and personal data, with notes on registration, registration/divorce, and information about children.

3. Certificate of official marriage and its photocopy, in cases where the marriage between the spouses has not yet been dissolved.

4. Certificate of divorce and its photocopy if the spouses are divorced.

5. Birth certificates of children (or a child) and their photocopies.

6. Certificate of persons who live with the applicant (certificate of family composition, extract from the house register, etc.). It must be detailed - indicating the address, size of the living space, full name and date of birth of all persons living at this address, indicating the degree of relationship with the applicant. As an option - a rental agreement for residential premises, if the applicant does not have official registration at the place of residence, but rents housing.

7. A receipt confirming payment of the state fee for filing an application for alimony.

These are mandatory documents. Their list can be supplemented with those that are desirable, but the applicant is not always able to provide them.

List of additional documents for filing for alimony:

• Passport of the spouse (or other alimony payer) from whom alimony is planned to be collected, and a photocopy of it. Often the court only needs one photocopy without the original.
• A certificate indicating the debtor’s place of work and the amount of his salary, or simply information about the main and additional sources of his income.
• Information about the place of residence of the person from whom you want to collect alimony.

To this list you will need to add information from the police about the search for the person if alimony is being collected from a relative whose whereabouts have not been established.

If the applicant wishes to collect alimony from the debtor also for the past period, then it is necessary to submit to the court a calculation of the debt for all this time, based on the debtor’s constant earnings or the average salary in Russia.

Documents for child support

Their full list is listed above. Sometimes, in the case of collection of alimony for children under the age of majority, to confirm the determination of the child’s place of residence with the applicant parent, it is necessary to attach a court decision on this.

If alimony is collected from a common-law spouse, then the court will be required to bring evidence or a court decision establishing the fact of paternity.

When alimony is collected for children who are left without parental care, documents confirming the death of the parents and an order establishing guardianship will be needed.

The Family Code also allows those children who have already reached the age of 18 to receive alimony for their maintenance (read more about this in the article -), in two cases:

• if they are unable to work due to disability,
• if they continue their full-time studies (but only until the age of twenty-three).

In the first case, the general list of documents for filing alimony should be accompanied by the original and a copy of a certificate from a medical institution indicating the type of disease and the date of assignment of the disability group or a court decision on deprivation of legal capacity. In the second case - a certificate from the educational institution indicating the form of study, specialty and information about receiving a scholarship.

Some facts

In accordance with Article 107 of the Family Code of the Russian Federation, the statute of limitations does not apply to these relationships. This means that if the right to payments arose when the child was 3 years old, and the parent applied to the court when he was already eight years old, then payments will be assigned from the moment of application until the child reaches 18 years of age.

Documents for child support for a mother on maternity leave

A parent who is on maternity leave caring for a child under three years of age (almost always the mother) has the right to collect child support from the second parent. Provided that he has not yet started work, does not have independent income and needs additional financial support. How and in what amount are paid alimony for the maintenance of a wife up to 3 years of age, we tell.

To the above list of documents, the mother needs to attach a certificate from her place of work indicating that she is on leave to care for a small child and is not receiving wages. Or provide information from the social security service that the mother does not have a permanent job, and also indicate whether she receives child benefit and in what amount.

A pregnant woman will also be able to recover alimony from her husband or ex-husband for her maintenance if she is no longer able to work and has no source of income. To do this, you need to submit a certificate from a medical organization about the duration of pregnancy indicating the date of registration at the antenatal clinic.

Documents for child support for an adult

Cases when alimony has to be paid for the maintenance of an adult citizen do not occur often, but they do not always occur. Most often, people who are elderly or unable to earn money due to health conditions are unable to provide for themselves and need financial support from relatives (or other persons).

These may be parents collecting child support from their already adult children, grandparents hoping for financial assistance from their grandchildren, disabled adult children, educators or adoptive parents who wish to receive child support payments from their pupils and adopted children.

As documents confirming an unsatisfactory state of health, they need to submit a certificate from a medical institution, which indicates the disease and disability group. To confirm a low level of income - a certificate from social security, the pension fund or the employment service with a note on the amount of the monthly benefit or pension.

It will be possible to collect alimony only if the applicant’s income is significantly lower than the income of the person from whom they are collecting alimony.

Documents for a voluntary agreement

If parents (or other persons) decide to enter into an agreement on the payment of alimony on a voluntary basis, then they should apply for its preparation and certification to a notary’s office. You need to bring with you:

• the drawn up text of the agreement or its draft,
• passports of both spouses (or other persons, depending on from whom alimony will be withheld),
• documents confirming relationship (children’s birth certificates, document establishing paternity, marriage/divorce certificate, etc.),
• information about income (of one or the other party, depending on the situation),
• documents confirming incapacity for work (if alimony is collected from an adult).

The notary, at his discretion, will be able to request other information.

Example. By court decision dated February 1, 2008, Ivanov A.A. alimony was awarded in a fixed amount - 5,000 rubles per month. The employee's ex-wife and child live in Moscow. The cost of living in Moscow for children at the time of the court decision was 4,997 rubles. The amount of alimony is a multiple of 1,006 (5,000 rubles: 4,997 rubles).

The cost of living for children in Moscow is:

7,866 rubles (Decree of the Moscow Government dated December 6, 2011 No. 573-PP).
7,825 rubles (Decree of the Moscow Government dated March 20, 2012 No. 94 PP).
7,972 rubles (Decree of the Moscow Government dated 06/05/2012 No. 258-PP).

The amount of alimony in a fixed amount will be:

For December, January, February 2012 - 7870.72 (7,866*1.0006).
For March, April, May - 7829.70 (7825* 1.0006).
For June, July, August - 7976.78 (7,972*1.0006).

Some features

Often spouses also pay alimony at the same time (you can find the form at the end of the material). They can also indicate in it the order of the desired division of property or ask to determine which parent the child will live with after the divorce. Then the form of this application and the list of documents will expand. At a minimum, you will need more than one receipt for payment of state duty.

Some facts

Child support is paid regardless of the parents’ financial income, and late payment or complete disregard is a criminal offense. Even if the father or mother...

When accepting an application at the court office, you will be asked for both originals and copies of your passport, certificate of registration of marriage, divorce, birth of children or establishment of paternity, court decisions, and other official documents that provide certain rights or relieve you of responsibilities.

The following must be original: statements and claims, as well as all kinds of certificates and other documents that are issued specifically for presentation to the court as an appendix to each specific application (certificates of place of residence, place of work and salary, etc.).

Only in copied form will the court be able to accept the passport of the person to whom the penalty is directed, his employment contract, etc. Due to the fact that it is not always possible to present the originals of these documents.
Pay attention to the dates stamped on the documents; some of them are issued for a specific period and may become invalid after some time.

In the application for alimony, you must indicate a list of all the documents that you attach to it, indicating their number and on how many sheets they are located on. This is a way to insure against the loss of a document.

If you still have questions about what documents are needed to apply for alimony, then ask them in the comments