Recently, almost every fourth divorcing couple.In most cases, the child is still living with his mother, and half the time for various reasons, the father refuses to participate in the content.But the Russian Family Code (Article 80) states that the main duty of parents includes maintenance of their children as long as they reach adulthood.It also is the basis for the legal framework, which aims to alimony.
There are several ways to get child support.The first is the "peace" agreement between the parents, which must necessarily be notarized.The second method is used when the father (sometimes mother) does not want to pay child support.In this case the mother may go to court to apply for alimony.As practice shows, the second solution to this problem in our country is more in demand.Besides his mother, the application for alimony can file:
- If the adoption was done by only one person - the adopter.
- trustee or guardian of a child.
- foster parents.
- Government guardianship and custody.
also apply for alimony can file and the administration of the institution (in most cases - children's home) in which the child is brought up.
Application to court for child support should contain the name of the court in which it will be considered and all passport details of the complainant (name, address, residence, place of actual residence).
Documents required when applying to the court:
- photocopy of marriage certificate with those with whom you want to alimony payments.
- If the marriage was annulled, it must be a certificate of its dissolution.
- photocopy of the birth certificate of the child, which are charged by the alimony.
- If the marriage has not been registered, you need a copy of paternity.
- help with the work of the spouse who is obliged to pay child support.
After a positive decision in the plaintiff from the defendant is charged not less than the fourth part of its official earnings for one child, one-third - for two and a half of the sum of three children or more.It will be divided equally among all the children.
Sometimes alimony can be performed on a simplified form on the basis of a court order.To do this, an application for child support should be submitted to the magistrate's court.Detailed examples of his writing are the same.Application and study of the materials will be a magistrate issued an order that the defendant is now obliged to pay alimony.In the case where a court order, he (the defendant) does not agree, the cancellation of the order is made, all subsequent actions will be discussed in a civil court.
Time, which will be awarded with cash payments, should coincide with the time when it filed for child support.Since that time, the recovery of maintenance will be carried out only in the last three years.And this will be possible only if the court finds out that before resorting to it attempts to obtain these funds.
