The claim about collecting of the alimony: features, requirements and sample

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2018-03-23 02:57:18

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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.

a writ of execution for alimony

Who is eligible

Under current law, alimony may not receive all citizens. And the claim about their recovery to apply only to individuals.

Often require financial support:

  • Disabled parents in need;
  • Adult children (especially the disabled);
  • Spouses (particularly wives and pregnant girls in the decree);
  • Minor children.

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.

Which court to go

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:

  • The world court - in General;
  • District court - in the solution of other questions in addition to alimony.

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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the Claim for alimony

When to prescribe fixed penalties

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:

  • The claim involves the payment of adult children;
  • For minor children;
  • The parent who cares for a common child (up to 3 years or disabled).

Generally, a fixed amount of financial aid may be awarded in other situations. Often, they depend on defendant.

The Circumstances in which pay a fixed amount of cash

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:

  • The defendant is too low income;
  • Payer of alimony has no formal source of income;
  • They receive wages in kind or in foreign currency.

In fact, it is not so difficult as it seems. In particular, if you just prepare for the judicial debate.

What affects the amount of payments

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.

When assigning a fixed payment

Usually, the amount of financial assistance is influenced by the following factors:

  • Earnings of the payer;
  • Income from enterprise;
  • Surcharges award and payment of the payer;
  • Revenues from the sale of the property;
  • Profit from the payments to public servants;
  • Royalties;
  • A variety of benefits;
  • Profit on securities and the stock;
  • Retirement;
  • Scholarship.

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.

What income does not take into account

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:

  • The parent capital;
  • Social allowance for burial;
  • One-time profit from the rental property lease;
  • Benefits and maternity leave;
  • Payment for care of a child;
  • Compensation, required persons with child dependents;
  • The money paid under the employee in another area;
  • The
  • Travel;
  • Money that are given to health food.

Tools for resort and sanatorium vouchers will not be considered by the court in determining the amount of alimony.

alimony child support

The Content of the claim

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 name of the court;
  • Contact information for defendant and plaintiff;
  • Name of the parties;
  • Product name documentation.
  • A request for alimony in different sizes;
  • Detailed account of the situation;
  • Calculations pointing to the need for recovery of money requested;
  • The list of documents attached to the claim;
  • The signature of the applicant;
  • The date the appeal petition to the court.

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.

Reasons to modify payment

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:

  • Payer began to receive a smaller earnings or were fired is not their fault;
  • Citizen became handicapped or disabled;
  • The family of alimony has a new dependent;
  • The child has a property that brings him an income;
  • Defendant simultaneously contains multiple children from different mothers;
  • Profit payer too low.

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.

Court and child support

Documents to the court

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:

  • Passport
  • The claim in the prescribed form;
  • Certificate of marriage/divorce;
  • Birth certificates of all children of the parties;
  • The income of the payer;
  • Statements about the composition of families;
  • Detailed calculation of alimony with substantiation requirements;
  • Information about the state of health of one side or another;
  • Documents confirming the kinship of everyone involved.

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.

Debt Collection

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.

Review claim

Important: after going to court the case is transferred to the Federal bailiff service of the Russian Federation. This service is compulsory alimony.

Penalties for late payment

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:

  • Certificate of debt;
  • Payment penalty and debt allowances (taken in the service of bailiffs).

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.

How do the police officers

Enforce child support is through the FSSP. This organization can:

  • To seize the property of the defendant;
  • To block the Bank accounts;
  • To deprive of a driving licence;
  • Ban to leave the country.

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.

Conclusion

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.

recourse

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.


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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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