Who can apply for alimony, and what documents are required

In recent years, almost every fourth married couple is divorced. In most cases the child remains to live with the mother, and in half the cases for various reasons the father refuses to participate in its maintenance. But the Family Code of Russia (Article 80) states that the main duty of parents is to keep their children until they reach adulthood. This is what is the basis for the legislative framework, which is aimed at recovery of alimony.

There are several ways to get child support. The first is a "peace" agreement between the parents, which must necessarily be certified by a notary. The second method is used when the father (sometimes the mother) does not want to pay for the maintenance of the child. In this case, the mother can apply to the court to file an application for alimony. As practice shows, the second variant of solving this problem in our country is more in demand. In addition to the mother, the application for recovery of alimony can be submitted by:

1. If the adoption was carried out only by one person - the adopter.
2. Trustee or guardian of the child.
3. Adoptive parents.
4. Guardianship and trusteeship bodies.

Also, an application for alimony can be submitted by the administration of that institution (in most cases - an orphanage) in which the child is brought up.

The application to the court for alimony must contain the name of the court in which it will be considered, and all the passport data of the plaintiff (full name, residence address, address of the place of real residence).

Documents required when applying to the court:

1. A photocopy of the certificate of marriage with the one with whom payment of alimony is required.
2. If the marriage was terminated, then a certificate of termination is required.
3. A photocopy of the birth certificate of those children on whom alimony is levied.
4. If the marriage was not registered, then a copy of the certificate of establishment of paternity is necessary .
5. A certificate from the work of the spouse who is obliged to pay alimony.

After a positive decision towards the plaintiff, the defendant is charged not less than the fourth part of his official earnings per child, a third - for two, and half the amount for three children or more. It will be shared equally among all children.

Sometimes the recovery of alimony can be carried out in a simplified form on the basis of a court order. For this purpose, the application for alimony must be submitted to the world court. Detailed samples of his writing are in the same place. According to the applied and studied materials, the justice of the peace will make a decision that now the defendant is obliged to pay alimony. In the event that he (the defendant) does not agree with the court order, the order is canceled, with all subsequent claims being considered in a civil court.

The time from which cash payments will be accrued must coincide with the time when the application for alimony will be filed. Over the past time, recovery of alimony will be carried out only in the last three years. And this will be possible only if the court finds out that before the appeal to him, attempts were made to obtain these funds.