Alimony obligations in Russia cause a lot of issues. Sometimes the filing of a claim for alimony becomes a huge problem. Therefore, below we will deal with sequence of actions under certain circumstances. Who and under what conditions it can count on financial help from relatives? How to seek support? Under what circumstances can change the conditions to an earlier decision? The answers to all of these will necessarily be found below. To focus on the recovery of funds in fixed cash amount.
Under current law, alimony may not receive all citizens. And the claim about their recovery to apply only to individuals.
Often require financial support:
Rarely, the recipients are grandparents and brothers and sisters of the potential payer.
The Claim about collecting of the alimony serves either the recipients or their legal representatives. For example, the parent with whom the child lives or his guardian.
Important: the alimony can be obtained even in marriage. The claim for alimony is made without difficulty. For example, for themselves and for the child. This practice is found in Russian families more and more often.
Where is served the statement of claim in the prescribed form?
Generally, alimony can be obtained by the peace agreement and the decision of the court. Will focus on the second option.
In this case, you may want to visit:
No More scenarios, no. It is better to make an application in the prescribed form at the place of residence of the defendant. If you wish, is to sue for the residence of the plaintiff. This right is at each applicant.
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A Lawsuit to establish paternity and alimony is submitted to the district court. If you just want to request money for the child, you can go to the world court.
When can assign alimony in a fixed amount? This is a situation in which the use of such form of support of relatives:
Generally, a fixed amount of financial aid may be awarded in other situations. Often, they depend on defendant.
The Claim about collecting of the alimony in a firm sum of money may be made at the request of the defendant. But most often the people demand the recovery of funds as a percentage of the potential salary of the payer.
Currently, the fixed payments can be profitable when:
In fact, it is not so difficult as it seems. In particular, if you just prepare for the judicial debate.
How much have to pay after filing a lawsuit for alimony in a fixed sum? A definite answer to this question is no. After all, the court will take into consideration different aspects of family life.
Usually, the amount of financial assistance is influenced by the following factors:
In addition, the huge role is played by the fact of need of the recipient. If he can prove the validity of the claim, the court will try to satisfy them.
Important: when alimony is required to have confirmation of those or other income of the defendant. Otherwise, the size of payments will influence the average earnings in the region and a living wage.
The marital status of both parties is also to be taken into account by the court. And other life circumstances with the customary standard of living of the recipient.
The Next point is that when assigning alimony are taken into account not all of the profits. A number obtained by defendant of profits is not considered by the court when making any decisions.
Such income include:
Tools for resort and sanatorium vouchers will not be considered by the court in determining the amount of alimony.
How to make a claim for alimony? To do this quite easily. Especially if you follow the simple tips.
The document should have the following entries:
The Claim about collecting of the alimony on the child or spouse is almost one and the same instrument. The difference will be only in the main part of the application. We are talking about the story about what is happening in the family. The package of documents for the implementation of the task will be also to change a little bit depending on the circumstances of the case.
The Claim in court about collecting of the alimony can be reviewed. Even after the adoption of a decision, the Respondent or the Complainant may apply to the judicial body again. For example, to reduce or increase payments.
Reduction of financial aid relies if:
As a rule, no work or low earnings are not exempt from responsibilities for the child support. A scheduled payment can reduce by a court decision. Otherwise people will have to pay "the bills", or it will start to be the debt.
A sample of the claim for alimony before us above. This document has no significant features. To be able to each modern citizen.
What documents will be useful when filing a claim for alimony? Package information changes depending on the situation. Most often, applicants require:
Usually this will be enough. In some cases, can be useful for photo, video and audio recordings, correspondence and even e-mails. The testimony of the witnesses too will not be superfluous.
The action for recovery of arrears of child support. In Russia, even the existence of a court decision on the research question is not motivates the alimony to pay the bills. Necessary to carry out the operation by force.
Recover the debt through the court. The potential recipient of funds must apply to the international judicial body with all of these earlier papers. You need to additionally have a certificate of arrears of child support.
Important: after going to court the case is transferred to the Federal bailiff service of the Russian Federation. This service is compulsory alimony.
At the request of a potential recipient of funds may submit a claim for a penalty in child support. It is a kind of penalty that appears in the absence of timely payments without good reason. The amount of the additional payments will increase day by day.
The penalty is through the world court. In addition to the previously listed securities are required to have:
The Claim about collecting of the alimony the penalty also will be changed slightly. In the main part of the documentation must indicate the reasons and describe a situation in which a debt. For example, to write, tried whether the defendant agree to the postponement or he just avoids talking about child support. Preferably all your words to be documented.
Enforce child support is through the FSSP. This organization can:
Most Often, the recovery of the debt by the alimony is accompanied by the retention of funds from the income of the payer. FSSP find the debtor's employer and require to hold a particular amount of earnings of the subordinate.
We met with the order requirements of the alimony in a fixed amount. This method of solvingtasks has its advantages. For example, a citizen may obtain more than it is necessary as a percentage of the earnings of the payer. But most often this option leads to a decrease in financial assistance.
In Russia, to this day, issues related to child support are a concern to many. Even the recovery of money in court does not give any real guarantee of getting laid means. After a separate alimony can simply abscond and not to get in touch.
In 2018 in Russia has allowed to recognize the debtor for alimony to be missing. This change is necessary, that the family of the debtor could be discharged from the housing "nowhere" and got right on making allowances for loss of breadwinner. While such mechanism has not been tested in action.
Article in other languages:
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JA: https://tostpost.com/ja/the-law/6169-alimony.html
PL: https://tostpost.com/pl/prawo/10994-pozew-o-alimenty-cechy-wymagania-i-wz-r.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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