Statement of claim for recovery of alimony. The main stages and subtleties of the process

Sometimes in a family situation develops, whenOnly one of the parents is concerned with the maintenance and care of a common child, although the latter must take an active part in this. In this case, the baby suffers most of all. He turns out to be devoid of attention from the pope or mother and financially disadvantaged. As a result, one of the parents is compelled to make a statement of claim for recovery of alimony from the spouse and to apply the documents to the court.

Circumstances of the appeal to the court

Seek help in the courts on the issue of recovery of alimony can be:

1. After the divorce.

2. Being married.

3. In the event that officially marriage is not registered, but both parents are inscribed on the birth certificate of the child.

In the first case,that all problems related to the maintenance and upbringing of children fall on the shoulders of the parent with whom the child remains, and the second often evades his legal duties. The statement of claim for recovery of alimony becomes the only hope for justice. In the second and third cases, it will be somewhat more difficult to prove the circumstances of an unfair attitude, but it is possible. After applying to the court, the issue of the child's maintenance can be solved in two ways:

1. Voluntarily. In this case, the parents enter into an amicable agreement, which stipulates all aspects of this issue.

2. In a judicial procedure. This occurs when the agreement was not reached, and the decision is taken by the court on the basis of the articles of the Family Code.

Submit such statement of claim for recoveryalimony can be at any time. The main thing is that the payments will begin only after applying to the court. Although, in principle, if one of the parties can convincingly prove that long before this moment, it has already taken certain steps to receive money for the maintenance of children, and the defendant in every possible way shied away from this, the issue can be resolved about the recovery of cash payments within the three-year term and before going to court. Now the most important thing is to correctly formulate a legal statement on the recovery of alimony from a legal point of view. It should include:

1. The name (full) of the court in whichappeals the applicant. Usually this is done at the place of residence of the defendant or the plaintiff, who, at the time of the consideration of the matter, is dependent on the child. Details of the plaintiff and the defendant are also indicated here.
2. The text of the statement, in which the circumstances of the case are fully described and claims are made.
3. At the end of the application, the date and signature of the plaintiff must be delivered.
4. Below are listed additional documents attached to the application:

• certificate of marriage of parents (if any);
• the birth certificate of the child;
• receipt for payment of state duty;
• an extract from the house book.

After this, the judicial authorities begin the proceedings.

How to protect a child

After the claim for recoveryalimony for the child will be considered and satisfied by the court, you can count on the receipt of money. Based on the decision of the court, a writ of execution is issued. Then he goes to the bailiffs, and from there - at the place of work of the defendant, where the accounting department will monthly transfer the sums of money. The amount of alimony, subject to article 81 of the Family Code, may be:

• 25% of earnings per child;
• 33% of earnings for two children;
• 50% of earnings for three or more children.

However, if the defendant, at the time of filing the claim, alreadyis a new marriage and has a minor child in it, then the calculation of alimony will take into account children from both families. But sometimes the amount does not suit the plaintiff. This can be, for example, because the defendant's wages are negligible. At the same time, he receives additional means to live in other ways. Then the plaintiff can demand through the court to increase (within reasonable limits) the amount of alimony. The court has the right to reconsider the question and force the defendant to pay the established percentage of deductions on the basis of all sources of his income.

Difficulty in calculating alimony

There are different life situations. For example, one of the spouses after the divorce resides separately from the former family. In addition, he does not have a permanent official salary. What should the second wife do? On what means to support the child, because there is nothing to count alimony? Or, for example, the defendant receives a salary in kind or in foreign currency. In this case, the Family Code has article 83, which allows the plaintiff to draw up a statement of claim for recovery of alimony in a hard cash amount. The procedure for filing such a statement remains the same. The court, having considered all the circumstances of the case and the documents submitted, makes a decision to recover from the defendant a monthly fixed amount of money in favor of the plaintiff for the maintenance of their common children (minors). The amount of alimony must be at least the amount that the parents spent on the child before the divorce. In support of this, the plaintiff must provide all necessary information. It is worth noting that in the conditions of inflation such funds are necessarily subject to monthly indexation.