Family Code provides, in some cases alimony.Alimony - this payment, which produces one of the parents for the maintenance of a minor child.If a peaceful agreement on the issue of money for her son (daughter) was not possible, then you should apply for child support payments to them forcibly.
Documents required
If the father (mother) of the child flatly refuse to pay for the child money, you should contact the court.To do this, you need to prepare certain documents for child support:
- claim.Here you specify information about yourself and the defendant set out the facts of the case and their demands.The lawsuit is necessary to specify the facts: since when the defendant refuses to include a child in a divorce or not, did you try to figure out the problem in a peaceful way, and so on. D. Do not forget to specify a list of all documents submitted with the claim.
- statement of earnings (both the defendant and the applicant).
- marriage certificate (if you are divorced - divorce).
- Extract from the house register or a copy of the door-card.
- receipt confirming payment of state duty.
- child's birth certificate.
- Other documents for child support, which confirms the defendant's claims.
Before submitting the documents to the court recommended to try again to talk to the father (mother) of the child on voluntary child support and custody agreements.
fiat order
procedure recovery of maintenance more easier if you apply for a court order.He is both a judgment and a writ of execution.This process takes place without even inviting the parties.The judge examines the documents for their own child support within 5 days from the date of receipt of the application.However, in that order the parent who lives with the child, is considered by the applicant and the other parent - the debtor.Appeal the decision of the judges may be within 10 days after receiving the copy of the decision.In particularly difficult situations or if the debtor filed an objection to your application, it is better to go to court.
minimum amount of maintenance
Alimony a general rule, be paid at a rate of 25% of the earnings of the father (mother) or a fixed amount (if the official duty station is not).A court may collect payments on the following principle:
- if one child, then child support can go a quarter of the salary;
- double withdrawn one-third of the income;
- for three or more - half earnings.
amount of payments may be reconsidered in the event that the defendant's financial situation was better or worse.If the parent who lives alone, has no permanent place of work, then the court has the authority to determine the specific amount of money that he has to give a child a month.The minimum amount of child support to be determined, the court decides the question in each case is individual.In addition, if the parent receives income in foreign currency, it may also be subject to penalties.
