Download a sample statement of claim for alimony. How to draw up a claim for alimony (sample) to the court? Collection of funds and application to bailiffs for alimony arrears

from 01/20/2020

In the courts, a statement of claim for the recovery of child support is the majority of family lawsuits. The claim itself is not at all difficult to file on your own. Just download the sample, fill it out and read our recommendations.

The plaintiff must decide before filing documents in court whether it is possible to draw up a claim more correctly. If there is no reason for this, use the example below. And the nuances can be discussed with the site’s on-duty lawyer.

Pay attention!!! If the plaintiff does not simultaneously declare a claim, or maternity, with the need to involve (for example, a recipient of alimony for other children), the court is filed. Otherwise, the court is forced to make a decision without consideration. Alimony in a fixed amount or for a period of 3 years before going to court - only by filing a claim.

Example of a statement of claim

To the Aleisky City Court

Altai Territory

Aleysk, st. Pervaya, building 1, apt. 1,

tel. 68746163516

Born 05/04/1982, native of Moscow,

address: 658130, Altai region,

Aleysk, st. Second, building 2, apt. 2,

passport 0105 No. 3654631

tel. 68496163546

I, O.D. Petrova, am the mother of Sergei Olegovich Petrov, born on February 21, 2014, and Natalya Olegovna Petrova, born on January 1, 2018. Defendant Petrov O.N. is the father of the children. We have been married since 2004, divorced on December 11, 2019. They ran a joint household until April 2019.

The children have been living with me and have been my sole support since April 2019. However, both parents must take an equal part in the financial support of their minor children.

In accordance with Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

The defendant does not provide financial assistance for the maintenance of children, alimony is not collected from him. He refuses to voluntarily pay money. He refers to his difficult financial situation and his lack of work. I know nothing about his place of work and sources of income. The defendant has no other children, and he does not pay child support to anyone else.

In accordance with Article 81 of the Family Code of the Russian Federation, in the absence of alimony for minor children, alimony for minor children is collected by the court from their parents monthly in the amount of one third of the earnings and (or) other income of the parents for two children.

Guided by Art. 60, 68, 81, articles 131-132,

To collect from Oleg Nikolaevich Petrov, born 05/04/1982, a native of Moscow, in favor of Oksana Dmitrievna Petrova, alimony for the maintenance of Sergey Olegovich Petrov, born 02/21/2014, and Natalya Olegovna Petrova, born 01/01/2018, in the amount of 1/ 3 parts of all types of earnings and other income monthly, starting from the date of divorce on December 11, 2019 until each child reaches the age of majority.

Application:

Birth certificate of Sergei Olegovich Petrov (copy)

A copy of the birth certificate of Natalya Olegovna Petrova

Certificate from the passport office about family composition

Marriage certificate
Court decision on divorce
Certificate 2-NDFL of the plaintiff
Notice of sending the claim and documents to the defendant

Date 01/15/2021 Signature Petrova O.D.

How to file a claim for child support

Alimony is collected regardless of whether the parents are married or divorced, whether they live together or separately. The main condition for filing a claim is the absence of full financial assistance from the other parent.

Draw up a statement of claim according to the example given. There is nothing superfluous here. If possible, supplement the application with information about the defendant’s place of work. Attach documents confirming the defendant’s earnings or other income. Also in the application, the plaintiff can indicate whether the parties were married or not and demand that paternity be established. Can be combined with other requirements. For example, etc.

If the defendant provides financial assistance, the plaintiff must inform the court of its amount and frequency. Express your opinions about its insufficiency to fully provide for minors. If the plaintiff and defendant are still living together, the plaintiff must describe how the defendant spends his money.

When determining the amount of alimony, the provisions of Article 81 of the Family Code of the Russian Federation should be taken into account. If the defendant already pays child support for other children, this is indicated in the statement of claim. And then the amount of child support will be determined taking into account these children. For example, the defendant has 3 children, for 2 he already pays alimony by court decision, then you can ask the court to collect from him only 1/6 of his earnings (6/6 all income, 3/6 half of earnings, each of the 3 children should receive 1/6 each).

Filing an application to court

Claims for the collection of alimony are within the jurisdiction of the district court. At the place of residence of the plaintiff or defendant (the plaintiff himself chooses). The World Court considers cases of alimony only about.

If the defendant's address is unknown, provide the last known address. However, according to Article 120 of the Code of Civil Procedure of the Russian Federation, if the location of the defendant in cases of alimony is unknown, the court announces a search for him. During the search, the proceedings will be suspended.

The statement of claim can be sent by mail or submitted in person during office hours. The judge has 5 days to decide whether to accept the statement of claim.

Consideration of alimony case

The judge considers demands for the collection of alimony in the form of a claim within 2 months. The judge listens to the parties. The plaintiff must prove that the children live with him and are dependent on him.

If the parents live together, the court will ask clarifying questions about the procedure for participating in the upbringing of the children. The defendant is asked to present that he provides financial support. The plaintiff must be prepared to provide explanations to the defendant's objections. And if necessary, provide additional evidence. For example, bring 2 witnesses who will confirm that the defendant does not support children.

Court decision on alimony

The consideration of a civil case for the collection of alimony ends with the issuance of a decision. If the claim for alimony is denied, with which the plaintiff does not agree, you can file.

The court's decision to collect alimony comes into force immediately. But it can also be appealed. Then the plaintiff submits the court decision and writ of execution to the bailiff service for.

In general, the court considers a claim for the recovery of child support quite quickly, since the claim is filed to protect the rights of minors.

Clarifying questions on the topic

In family law Russian Federation Article 80 states that the burden of financial support for their children under eighteen years of age is borne by both parents. If one of them refuses to pay cash to provide for children, then you need to write an application for alimony and apply to the judicial authorities. How to do this is described in this article.

Persons who have the right to claim child support

The legal right to apply for child support belongs to the father, mother and guardians who are guided by the interests of the child. If one of the parents demands alimony from the other parent, then he must certainly live with the child, in addition, he must be dependent on this parent, while financial assistance from the second parent is small or non-existent.

If the child is in the care of guardians, the guardian has the right to file a claim for alimony. But only in the case of an officially formalized situation with the availability of identification documents from the guardianship and trusteeship authorities.

Documents for filing a claim

In order to file a claim for alimony, you will need a minimum of paperwork. The first and main document of these is the child’s birth certificate. It proves the parent's right to apply for child support. In addition, the child’s birth certificate confirms the other parent’s obligation to pay child support.

When the child’s father is not indicated on the birth certificate or is indicated based on the words of the mother, then before writing an application for child support, paternity will first need to be established.

If a request for alimony payment is made by guardians, then, in addition to the child’s birth certificate, they will need a document certifying guardianship.

The statement of claim must be accompanied by a certificate of family composition, issued at the child’s place of residence. This document confirms the cohabitation of the plaintiff and the child. It is advisable to attach to the application for the collection of alimony a certificate of the amount of the defendant’s salary for last year, you can get it at his place of work. This will enable the court to determine the amount of the state duty that the defendant is required to pay and indicate the place of service in the writ of execution.

When preparing documents, use a sample application for alimony. Make a second copy of the document to provide to the defendant.

How is the amount of alimony determined and what does it depend on? There are different ways determining the amount of alimony payments. This could be a percentage of the parent's income, or it could be a certain fixed amount of money.

When the defendant has a permanent income, the amount of alimony is determined as follows: if there is one child, then one-fourth of the income, if there are two children, then one-third of the income, if there are three or more children, then half of the parent’s income will be collected for alimony . The specified amounts of payments are provided for by law.

On an individual basis, the amount of alimony may change up or down, depending on the circumstances of the case. If the parent does not have a regular income, then the amount of alimony is set in fixed monetary terms.

Filing an application for payment of alimony

An application for alimony can be submitted in simple written form or completed using a computer. Your data, the data of the defendant, and data about children must be indicated in full. The address of actual residence and telephone numbers are indicated.

The application must indicate the amount of alimony sought. At the end, you must indicate the date of execution of the document and put a personal signature.

The picture below shows a sample application for alimony.

Where to apply

An application for the collection of alimony is within the jurisdiction only of justices of the peace, and when it is filed, it does not matter the place of residence of the parties to the lawsuit or the amount of alimony required. This is definitely the Civil Procedure Code of the Russian Federation.

It is more convenient to submit a statement of claim to the magistrate at the plaintiff’s place of residence. Because there is a possibility without extra costs finances and time to come to court and resolve some issues in person.

Innovations

It should be noted that in accordance with Federal Law No. 45 of March 2, 2016, starting from June 1, 2016, applications for the collection of alimony for children under eighteen years of age who do not require participation in trial third parties are not related to establishing or challenging paternity and maternity; they are submitted only as applications for the issuance of a court order to claim alimony from the defendant.

Applications submitted as claims for the collection of alimony are not subject to consideration and will be returned to the plaintiffs.

Alimony is mandatory money transfers that are collected from one family member in favor of the second for his maintenance (one of the spouses, a child, parents). Most often, money is paid for the maintenance of minor children.

A claim for child support is filed if one of the parents refuses to voluntarily make payments for child support. As a rule, the claim is not filed together with the application for divorce, but it can also be filed in separately. You can also file a lawsuit to recover money to support your spouse, parents, or, in some cases, an adult child.

To receive monetary payments, you need to go to court with a statement of claim or an application for a court order for alimony. A lawsuit can be filed by the parent with whom the child lives, a guardian, or a proxy acting in the interests of the child. If there are no questions about paternity and there is no need to involve other interested parties in the process, you can apply for a court order.

To obtain an order for the collection of alimony, the application must be submitted to the magistrate's court, where the decision is made. The order is prepared within 5 days. If the payer evades payment of funds for the maintenance of minor children and does not file an objection to the court order, it is sent to the bailiffs for execution of the sentence after 10 days. When submitting an application, you must attach additional documents to it:

state tax payment receipt;
papers that substantiate the put forward requirements (certificate of income from the place of work and others).

A statement of claim is filed in court if:

there are disagreements between the parties;
alimony is collected in a fixed amount of money;
No third parties are involved in the process;
the payer has other alimony payments.

This application is considered in the presence of the applicant and the defendant, all the demands made and the evidence provided are discussed. The court makes a decision within one month. After which, it comes into force another month after its adoption. There is no need to pay a state fee when filing a claim. To apply, the applicant must have with him:

original and copy of passport;
marriage certificate;
certificate of divorce;
documents confirming the registration of guardianship;
a certificate of family composition from the utility company at the place of residence;
information about the income of the applicant and the respondent;
a copy of the statement of claim in at least 2 copies (one of them is sent to the defendant).

If, after a court decision is made, the payer does not pay alimony, the debt begins to accumulate. From the accumulated debt, the recipient of payments can recover compensation in the total amount of 0.5% of the debt amount for each overdue day. To do this, you need to write an application to the court to collect a penalty.

Sample application for payment of alimony for the maintenance of a minor child

The document for obtaining a court order is drawn up strictly according to the standards specified in Art. 124 Code of Civil Procedure of the Russian Federation. It can be filled out manually or printed. An application for a decision on alimony by order must contain the following information:

complete official name and the address of the institution where the application is being submitted;
information about the plaintiff and defendant (full name, passport number and series, registration address, telephone numbers);
all claims made against the defendant;
justification of the requirements;
list of documents attached to the application;
applicant's signature;
date of application.

The rules for drawing up a statement of claim in court are also presented in the Civil Procedure Code of the Russian Federation (Article 131). The procedure for drawing it up is almost the same as an application for a court order, but there are a number of features. It may also be submitted in either written or printed form. Should contain the following information:

the full name and address of the judicial institution where the claim is filed;
personal information about the applicant and the respondent (full name, passport number and series, registration address, place of employment, telephone number);
information about common children who have not reached the age of majority (full name, date and place of birth, address of actual residence);
presentation of controversial issues and requirements that relate to the collection of alimony;
amount of claim (amount money transfers for child support, which must be provided by the defendant);
list of attached documents;
date of application;
personal signature of the applicant.

The amount of state tax when filing an application for alimony collection

When filing a lawsuit, you do not need to pay state tax (subclause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation). If the claim is satisfied, then the defendant will have to pay a state fee in the amount of 150 rubles. The tax will be added to the amount of cash payments indicated in the court decision.

Amount of cash payments per child

The amount of child support payments will depend on how they are collected. There are the following payment methods:

voluntary payments in a certain amount by agreement of the parents;
percentage of the payer’s official income;
in the form of a fixed sum of money;
in-kind form of alimony payments;
mixed option.

If the parents were able to come to general decision regarding the financial support of children and independently agree on the amount of alimony, then there is no need to file an application with the court. The payer’s voluntary consent to payments is simply drawn up, which is certified by a notary. But, you need to take into account that the amount of money transfers should not be lower than the state-established subsistence minimum for the region in which the recipient lives.

Calculation of payments in percentage from wages occurs on the basis of the norms of the Family Code of the Russian Federation, and depends on the number of children for whom payments are made:

for one child – 1/4 of income;
for two children – 1/3 of income;
for three or more – 1/2 of official income.

But this payment option is only possible if:

the alimony payer has an official stable income;
there are disagreements between parents regarding the amount of cash payments;
the payer's wage is higher than the established minimum wage in Russia.

To receive payments in this way, it is necessary to file a claim with the court for the recovery of alimony in a fixed sum of money. Payments for a child in a clearly fixed amount are made if:

the payer does not have a regular income;
the person who must make payments is registered as an individual entrepreneur;
the defendant has seasonal earnings;
The parent’s work is paid in the form of goods or in foreign currency.

Collection of alimony in this form occurs through the court. The amount of cash payments must be set no lower than the subsistence level. The funds received are managed by the parent with whom the child or his guardian lives.

Making payments to support an adult child

The legislation provides for child support payments until the child reaches adulthood. But, in certain situations, the payment period may be extended:

the child is classified as disabled group 1 or 2;
if the child for whose maintenance funds are paid is recognized as incompetent after reaching the age of majority;
the child needs expensive treatment or rehabilitation;
the presence of arrears of child support, which was not repaid until the child reached the age of 18;
presence of written voluntary consent from the payer and recipient to continue payments.

The child reaches 18 years of age.
Official employment and transition to self-sufficiency. Some types of work are permitted from the age of sixteen, and even earlier.
Marriage registration. It is believed that a citizen who is able to provide for himself and his family, and also understands the responsibility of his decision, can decide to start a family.

Payments of funds for the maintenance of a spouse

The Family Code of the Russian Federation stipulates that spouses are obliged to support each other financially. From this we can conclude that the husband must support not only his child, but also his mother. As a rule, the mother of a child needs financial assistance in the following cases:

the woman is in maternity leave caring for a child under 3 years of age;
the wife is pregnant;
a woman takes care of a disabled child.

The mother of a child under three years of age has the right to receive payments for her maintenance, both from ex-husband, and from the legal one. Registration of alimony payments can be formalized in the form of a voluntary agreement, certified by a notary and with the help of the court. Even if a woman works, if she has a child under 3 years old, she has the right to receive payments from her husband (former or official). If the husband and wife have come to a general agreement regarding the amount of payments, then a formal agreement is drawn up, which is certified by a notary. In order to certify a voluntary agreement with a notary, it is necessary to collect a certain set of documents:

passports of husband and wife;
original marriage certificate;
original birth certificate of the child;
an agreement on monetary payments to the child’s mother drawn up and signed in the presence of a notary.

If there are disagreements, the woman submits an application to the court, which determines the amount and timing of alimony payments. But the following circumstances must be taken into account:

the financial situation of both parties (both wife and husband);
marital status of each party;
other circumstances (the presence of other dependents and other alimony obligations of the payer, the financial situation of the child’s father and mother, and others).

To file a claim for the recovery of alimony for the maintenance of the child’s mother, you must collect the following package of documents:

original passport of the applicant;
marriage registration certificate;
child's birth certificate;
a completed statement of claim, in accordance with all norms established by the court.

Cash payments by court decision for the maintenance of a spouse are always assigned in a fixed amount and are paid monthly.

The procedure for collecting alimony for the maintenance of the mother

After the court decision is made, it is transferred to the bailiffs, who carry out the collection procedure. They send a letter, with a court decision attached to it to collect alimony, to the accounting department at the payer’s place of work. The management of the organization makes a monthly transfer of a set amount to the woman’s bank account.

Filing an application for alimony payment is a fairly common and relatively easy procedure. But it is necessary to carefully study all the points before drawing up an agreement or filing a claim. Because any process has its pitfalls that you need to try to avoid.

If the mother or father of the child shirks their obligations to support the child, then the child’s parents need to sit down at the negotiating table and enter into an agreement on the amount and procedure for paying child support. However, if it is not possible to reach a compromise or one of the parents refuses to comply with the requirements of the Family Code of the Russian Federation (the obligation of both parents to provide for the maintenance of children is enshrined in law), then the issue of collecting alimony payments can be resolved in court.

Not only one of the parents, but also the juvenile protection service can file a claim for collection of child support.

The procedure for assigning and collecting alimony payments is regulated by Section 5 of the Family Code of the Russian Federation, and the procedure for filing a claim is Federal Law“On enforcement proceedings”, Civil Procedure Code. As a rule, alimony payments are filed with the court after a divorce; in such cases, justifying the need for alimony payments is quite simple, since the parents are no longer in an official relationship, do not run a household together, and one of the parents takes care of the child. However, in order to assign alimony payments, you can also go to court in cases where the parents are married; in such cases, the mother or father of the child must find witnesses who will confirm the fact that one of the parents is avoiding supporting the child.

What to do if the marriage is not officially registered

Through the court, it is possible to recover alimony payments for a child born out of wedlock, but in this case it is also necessary to prove the fact of paternity. This can be done using the results of a genetic medical examination and providing a birth certificate with information about the child’s father.

The modern judicial system provides 2 main options for procedures in which the child’s parents can sue for alimony payments:

Simplified procedure: involves issuing a court order.
Ordinary procedure: involves the court hearing a civil claim.

Court order

A court order is the most effective and simplest of the court procedures for considering alimony issues. During the writ proceedings, the judge alone considers the application for payment of child support, examines the documents provided and makes an appropriate decision. When considering the case, the parties to the proceedings are not called to the hearing, since the parents do not have any contested positions or objections regarding the assigned alimony payments, the circumstances of the case are extremely clear.

A judge in writ proceedings can assign alimony payments only in shares of the defendant’s earnings; upon receiving a court order in hand, the mother or father of the child can immediately contact the bailiff service for its execution.

The amount of alimony payments within the framework of writ proceedings is established in accordance with Article 81 of the Family Code, according to the rules of which the following parts of the defendant’s earnings are subject to payment:

Up to 25% - for one child.
Up to 33.33% – for two children.
Up to 50% - for three or more common children.

The total amount of alimony payments from the defendant can reach 70% of his income, since the guarantees of Article 139 Labor Code The Russian Federation does not apply in this case. In order for the court to consider an application under the simplified procedure, it is necessary to submit to the court the following information about both parents of the child:

About your place of residence.
About the composition of the family.
About sources of income.
About children in custody.
About being married.

The judge makes a decision based on the family and financial status of both parents.

Claim proceedings

Claim proceedings are the most universal method assignment of alimony payments by the court. Claim proceedings provide for adversarial proceedings, as well as openness in resolving a legal dispute. The claim process goes through several stages, starting from a preliminary court hearing and ending with consideration of the case on its merits. The defendant and the plaintiff take part in the process; each party to the dispute can provide the court with its objections, explanations, and any necessary evidence. A party's participation in a lawsuit may also require the involvement of a professional lawyer to resolve legal issues that arise during the course of the proceeding.

Claim proceedings are used when assigning alimony payments in fixed monetary terms, a combination of accruals in shares of earnings and a fixed monetary amount.

This process is also used to collect alimony debt for past periods. In the claim proceedings, the judge takes into account not only the fact of the parent’s failure to fulfill his obligations, but also the plaintiff’s correct justification of the amounts of alimony necessary to support the minor.

To apply to the court for alimony payments, the plaintiff must prepare a package of documents. Thus, you must submit copies of the following documents:

Birth certificates of common children.
The plaintiff's passport with pages with marriage registration and registration.
Certificates of registration or divorce.

The following documents must be submitted in original:

Certificate of family composition of the defendant from his place of residence.
Calculation of the amount of alimony payments.
Certificate of the plaintiff’s family composition from his place of residence.
Justification of the costs of maintaining a common child.

A detailed certificate of family composition can be obtained from the housing office; the certificate will indicate the characteristics of the house or apartment, as well as the data and list of everyone registered in this residential premises. If the applicant knows the sources of income of the alimony payer, then they must be indicated in the application, especially in cases where the claim proceedings are deciding the issue of assigning alimony payments to the defendant, who is not officially employed, does not have a permanent stable income, or is engaged in entrepreneurial activity.

If the issue of collecting alimony debt for previous periods is being decided, then the plaintiff must indicate all movable and immovable property of the defendant, which is owned by the defendant, so that the court in its decision can limit itself not only to general phrases about property and income, but also indicate specific values and property that bailiffs can foreclose on.

A package of documents is attached directly to the statement of claim or application for alimony.

Deadlines

An application to the court for the collection of alimony payments can be submitted at any age of the child until he reaches the age of majority; alimony in a court decision will be assigned from the moment the child goes to court. According to Article 107 of the Family Code of the Russian Federation, the period limitation period does not apply to alimony payments. It must be taken into account that when setting the amount of alimony payments for several children, the court decision will be valid until the eldest child reaches the age of majority, after which the amount of alimony payments will be reviewed in court.

Procedure when going to court

The procedure for applying to court for alimony payments is as follows:

Collection of originals and copies of necessary documents.
Drawing up a statement of claim or an application for the issuance of a court order.
Filing a claim in the magistrate's court. Moreover, the plaintiff can choose a specific court himself, since disputes in this category can be considered by magistrates’ courts both at the place of residence of the defendant and at the place of residence of the plaintiff. Documents must be submitted to the court office in three copies: one copy remains in the court files of the case, the second is sent to the defendant, and on the third copy the court secretariat makes a registration mark and returns it to the plaintiff . Using the number assigned to the court case by the office, the plaintiff can further track the progress of the case, find out in what composition the court will consider the dispute, and also clarify the time and date of the court hearing.
After considering the case on its merits, the court makes a decision or issues a court order. The plaintiff must wait until the end of the appeal period and receive copies in hand, while the court office must put a special mark on the entry into force of the document. After receiving the decision, you must contact the office, where the plaintiff will be issued a writ of execution.
Take the writ of execution or court order to the bailiff service.

The statement of claim in accordance with the provisions of Article 126 of the Civil Procedure Code of the Russian Federation must contain the following data:

Name and address of the court where the claim is filed.
Name of the defendant and plaintiff.
Information about the residence of the parties.
Circumstances that underlie the claims.
The monetary amount of the application.
Required evidence.

Applicants in the category of cases of alimony penalties are exempt from paying state duty and other fees, which the plaintiff will not have to pay when submitting documents. When contacting any government agencies or organization for a certificate, as well as when submitting an application to the court, you must have a civil passport with you, otherwise the office workers will not accept the documents.

You wrote an application for a court order to collect alimony, took everything into account, wrote according to the sample, and you still received a ruling to cancel the court order.

First thoughts: “How could the court cancel the court order, since the child’s rights to alimony were violated?”

Anyone who has read our article “All about the court order for the collection of alimony” will not panic and will take the judge’s decision to cancel the court order with ease.

Indeed, in fact, a court order is a simplified form of collecting alimony and is issued only in the absence of disputes between the parties. If there are any, please write yourself a statement of claim for the collection of alimony and receive the legally established alimony for the maintenance of minor children.

How to write a statement of claim for the recovery of alimony after the cancellation of a court order, read our next article.

Rules for writing a statement of claim for the recovery of alimony

The statement of claim is submitted in writing.

Article 131 of the Code of Civil Procedure has a specific list of requirements for the form and content of the statement of claim.

Thus, in a statement of claim for the recovery of alimony, the following 6 points must be met:

1)name of the court to which the application is submitted. The statement of claim for the recovery of alimony is submitted to the magistrate. Since there are many justices of the peace, you need to accurately determine the name of the judge or at least the number of the court district. To do this, you must make the following choice for yourself:

Or file a claim at the plaintiff’s place of residence.

The choice is yours, depending on your convenience.

The list of streets that are assigned to each judge can be found on the website of justices of the peace in the territorial jurisdiction section.

2) Full name of the plaintiff(the applicant), his place of residence or, as well as the name of the representative and his address, if the application is submitted by a representative;

3)Full name of the defendant(i.e. the person for whom the application is being submitted) and his place of residence;

4) what is the violation or a threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;

5) circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances;

6) a list of documents attached to the application.

The statement of claim may indicate telephone numbers, fax numbers, addresses email the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s petitions.

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. The authority to sign the application is available if you have a notarized power of attorney or an order from a lawyer.

What documents must be attached to the statement of claim for alimony?

There is a certain list of documents that are attached to the statement of claim for the collection of alimony.

Thus, the following must be attached to the statement of claim for the recovery of alimony:

1) Copies of the application with an attachment according to the number of persons (for the court and for the defendant);

2) a power of attorney or order certifying the authority of the plaintiff’s representative;

3) documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants, if they do not have copies; In this case we are talking about a birth certificate, marriage certificate or divorce certificate.

Within five days from the date of receipt of the statement of claim at the court site, the magistrate is obliged to make one of the following 4 decisions:

1) Accept the statement of claim;

2) Refuse to accept the statement of claim;

3) Return the statement of claim;

4) Leave the statement of claim without movement.

What does each of the above solutions mean?

1. The judge examines the statement of claim, if all the requirements for it are met, within five days he issues a ruling on acceptance of the statement of claim. Based on this determination, a civil case is formed. The judge also makes a ruling on the preparation of the case for trial or to schedule a preliminary hearing.

2. In what cases does a judge refuse to accept a claim for alimony?

The list of grounds on which a judge refuses to accept a statement of claim is available in Art. 134 Code of Civil Procedure of the Russian Federation. However, not the entire list concerns claims for alimony.

Thus, a magistrate refuses to accept a claim for alimony if:

There is a court decision that has entered into legal force on a dispute between the same parties, on the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff’s refusal of the claim or the approval of a settlement agreement between the parties;

There is a decision of the arbitration tribunal that has become binding on the parties and was adopted on a dispute between the same parties, on the same subject and on the same grounds, with the exception of cases where the court refused to issue a writ of execution for the forced execution of the arbitration tribunal's decision.

If a ruling is made to refuse to accept a claim, it must be served or sent to the applicant within five days.

The decision to refuse to accept the application can be appealed by filing a private complaint through the magistrate to the city court.

After a refusal to accept an application, re-applying to the court with a claim against the same defendant, on the same subject and on the same grounds, is not allowed.

3. In Art. 135 of the Code of Civil Procedure of the Russian Federation contains a list of grounds for returning a statement of claim, including the collection of alimony:

The claim was filed by an incapacitated person;

The statement of claim is not signed or the statement of claim is signed and filed by a person who does not have the authority to sign it and present it to the court;

In the proceedings of this or another court or arbitration tribunal there is a case regarding a dispute between the same parties, about the same subject and on the same grounds;

Before the court issued a ruling on accepting the statement of claim for court proceedings, the plaintiff received an application for the return of the statement of claim.

Within five days, the judge issues a ruling on the return of the statement of claim, motivates it, and indicates how to eliminate the circumstances that impede the initiation of the case. Within the same five days from the date of receipt of the application to the court, the statement of claim must be served or sent to the applicant along with the application and all documents attached to it.

After eliminating the shortcomings specified in the definition, the applicant can again file a lawsuit against the same defendant, on the same subject and on the same grounds.

A private complaint may be filed against the judge’s decision to return the application within fifteen days from the date of the decision.

4. If the statement of claim does not meet the requirements of the law in terms of the form and content of the statement or any documents necessary to consider the case on the merits are not attached, the judge issues a ruling to leave the statement of claim without progress.

A copy of the determination is sent to the person who submitted the application; the determination indicates a reasonable period for correcting the deficiencies.

If the applicant eliminates the deficiencies listed in the determination within the specified period, then the application is considered filed on the day of its initial submission to the court. Otherwise, the application is considered unsubmitted and is returned to the applicant with a determination to return the statement of claim and with all documents attached to the application.

A private complaint may be filed against a court ruling to leave the statement of claim without progress within fifteen days from the date of the ruling.

The site’s legal service has developed various samples of statements of claim for the collection of alimony, depending on your situation:

For one, two, three or more children in shares;

For one, two, three or more children in a fixed amount;

For a child born out of wedlock;

Statement of claim for the recovery of alimony after the cancellation of the court order.

Samples of statements of claim for the collection of alimony

SAMPLE statement of claim for the maintenance of one minor child in shares.

Plaintiff: Ivanova Elena Ivanovna

Statement of claim

To recover from Ivan Ivanovich Ivanov, born October 29, 1980, native of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky Ave., 3 kv. 1 in my favor alimony for the maintenance of my son - Timofey Ivanovich Ivanov, born January 3, 2012, in the amount of ¼ of all types of earnings monthly, starting from the date of filing the application on April 11, 2015 years before his/her coming of age.

a copy of the applicant's passport,

certificate of family composition.

2. SAMPLE statement of claim for the maintenance of two minor children in shares.

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

Statement of claim

The debtor's place of work is unknown to me.

In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

Please:

To recover from Ivan Ivanovich Ivanov, born October 29, 1980, native of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky Ave., 3 kv. 1 in my favor alimony for the maintenance of children: son Ivanov Timofey Ivanovich, born January 3, 2012, daughter Ivanova Alina Ivanovna, born February 22, 2014, in the amount of 1/3 parts of all types of earnings monthly, starting from the date of application on March 11, 2015 until the children reach adulthood.

Enclosure: copy of marriage certificate,

2 copies of the child’s birth certificate,

a copy of the applicant's passport,

certificate of family composition.

3. SAMPLE statement of claim for the maintenance of three (or more) minor children in shares.

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don, Voroshilovsky Ave., 3, apt. 1 tel.

Statement of claim

on the collection of alimony for the maintenance of minor children.

Currently marital relations ceased between us. The children live with me and are completely dependent on me. The debtor does not voluntarily provide financial assistance for the maintenance of children.

The defendant has no other children, and no deductions are made from him under writs of execution.

The debtor's place of work is unknown to me.

In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

Please:

To recover from Ivan Ivanovich Ivanov, born October 29, 1980, native of Rostov-on-Don, resident. Rostov-on-Don, Voroshilovsky Ave., 3 kv. 1 in my favor alimony for the maintenance of children: son Ivanov Timofey Ivanovich, born January 3, 2012, son Ivanov Artem Ivanovich, born March 20, 2013, daughter Ivanova Alina Ivanovna, Born on February 22, 2014, in the amount of 1/2 of all types of earnings monthly, starting from the date of application on March 11, 2015 until the children reach adulthood.

Enclosure: copy of marriage certificate,

3 copies of the child’s birth certificate,

a copy of the applicant's passport,

certificate of family composition.

4. SAMPLE statement of claim for the maintenance of one child in a fixed sum of money (one child).

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don

Voroshilovsky Ave., 3, apt. 1

Statement of claim

on the collection of alimony for a minor child in a fixed sum of money

I have been in a registered marriage with Ivanov Ivan Ivanovich since November 11, 2010. During our marriage, we had a son, Timofey Ivanovich Ivanov, born January 3, 2012.

At present, the marriage relationship between us has been terminated. The child lives with me and is completely dependent on me. The debtor does not voluntarily provide financial assistance for the maintenance of the child.

The defendant has no other children, and no deductions are made from him under writs of execution.

I ASK:

To collect from the defendant alimony for the maintenance of a minor child, Timofey Ivanovich Ivanov, born on January 3, 2012, in a fixed sum of money in the amount of ... rubles, (indicate the amount of a fixed sum of money in shares of the subsistence level established in ... region/region/republic, etc.) d., if not established in the region, then the subsistence level in the Russian Federation). I request that you collect alimony from the moment you file this claim in court until the child reaches the age of 18.

Application:

1. copy of the child’s birth certificate;

4. certificate of income of the plaintiff;

6. certificate of family composition.

5. SAMPLE statement of claim for the maintenance of two children in a fixed sum of money (two children).

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don

Voroshilovsky Ave., 3, apt. 1

Statement of claim

on the collection of alimony for two children in a fixed amount

I have been in a registered marriage with Ivanov Ivan Ivanovich since November 11, 2010. During our marriage, we had a son, Timofey Ivanovich Ivanov, born on January 3, 2012, and a daughter, Alina Ivanovna Ivanova, born on February 22, 2014.

At present, the marriage relationship between us has been terminated. The children live with me and are completely dependent on me. The debtor does not voluntarily provide financial assistance for the maintenance of children.

The defendant has no other children, and no deductions are made from him under writs of execution.

The defendant often changes jobs and has irregular earnings, which depend on the season. Sometimes the defendant does not work, and is often registered for work unofficially. These circumstances indicate that collecting alimony in proportion to his earnings is difficult and will violate the interests of the children.

Under such circumstances, in the interests of the children, I believe that the amount of alimony collected monthly must be determined in a fixed monetary amount - ... rubles per month.

According to Art. 83 of the Family Code of the Russian Federation, in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income fully or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares and in a fixed sum of money.

Based on the above, guided by Article 83 of the RF IC, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

I ASK:

To collect from the defendant alimony for the maintenance of minor children Timofey Ivanovich Ivanov, born on January 3, 2012 and Alina Ivanovna Ivanova, born on February 22, 2014, monthly in a fixed sum of money in the amount of ... rubles (indicate the size of the fixed sum in shares of the subsistence level established in ... region/region/republic, etc., if not established in the region, then the subsistence level in the Russian Federation). I ask you to collect alimony from the moment you file this claim in court until the children reach the age of 18.

Establish a procedure for indexing alimony collected by the court depending on changes in the cost of living in the territory of _________ (indicate the subject of the Russian Federation or in the Russian Federation as a whole).

Application:

1. 2 copies of children’s birth certificates;

2. income certificate ( wages) the defendant (not necessary, only if available);

3. a copy of the marriage certificate (if the marriage is dissolved, then you must attach a copy of the divorce certificate);

4. certificate of income of the plaintiff;

5. a copy of the statement of claim and documents attached to it to the defendant;

6. certificate of family composition.

03/23/2015 (Date of filing the application) Signature of the plaintiff ________ (decryption of signature - full name)

6. SAMPLE statement of claim for the maintenance of two children in a fixed sum of money (three or more children).

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don

Voroshilovsky Ave., 3, apt. 1

Statement of claim

on the collection of alimony for three (or more) children in a fixed amount

I have been in a registered marriage with Ivanov Ivan Ivanovich since November 11, 2010. During the period of marriage, we had a son - Ivanov Timofey Ivanovich, born on January 3, 2012, a son Ivanov Artem Ivanovich, born on March 20, 2013, a daughter - Ivanova Alina Ivanovna, born on February 22, 2014.

The defendant has no other children, and no deductions are made from him under writs of execution.

Under such circumstances, in the interests of the children, I believe that the amount of alimony collected monthly must be determined in a fixed monetary amount - ... rubles per month.

Based on the above, guided by Article 83 of the RF IC, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

I ASK:

To collect from the defendant alimony for the maintenance of minor children Timofey Ivanovich Ivanov, born January 3, 2012, Artem Ivanovich Ivanov, born March 20, 2013, Alina Ivanovna Ivanova, born February 22, 2014, monthly in a fixed sum of money in the amount of ... rubles, (specify the amount a fixed monetary amount in shares of the subsistence level established in ... region/region/republic, etc., if not established in the region, then the subsistence level in the Russian Federation). I ask you to collect alimony from the moment you file this claim in court until the children reach the age of 18.

Application:

1. 3 copies of children’s birth certificates;

2. certificate of income (salary) of the defendant (not necessary, only if available);

3. a copy of the marriage certificate (if the marriage is dissolved, then you must attach a copy of the divorce certificate);

4. certificate of income of the plaintiff;

5. a copy of the statement of claim and documents attached to it to the defendant;

6. certificate of family composition.

03/23/2015 (Date of filing the application) Signature of the plaintiff ________ (deciphering the signature - full name)

7. SAMPLE a statement of claim for the maintenance of a minor child, if the parties were not married.

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don

Voroshilovsky Ave., 3, apt. 1

Statement of claim

on the collection of alimony for a minor child

From July 10, 2010, we lived together with the defendant at the address: Rostov-on-Don

Voroshilovsky Ave., 3, apt. 1. Our relationship was not officially registered with the civil registry office. From living together we had a child -

Currently, relations between us are terminated. The child lives with me and is completely dependent on me. The debtor does not voluntarily provide financial assistance for the maintenance of his son. The defendant does not dispute that Timofey Ivanovich Ivanov is his son.

The defendant does not have another child, and no deductions are made from him according to writs of execution.

The debtor's place of work is unknown to me.

In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

Please:

Attachment: a copy of the paternity certificate,

a copy of the child's birth certificate,

copy of the applicant’s (plaintiff’s) passport,

certificate of family composition.

8. SAMPLE a statement of claim for the maintenance of one minor child, if the court order was canceled.

To the magistrate of court district No._

District__________region

Plaintiff: Ivanova Elena Ivanovna

living Rostov-on-Don, Pushkinskaya str., 12, apt. 1

Defendant: Ivanov Ivan Ivanovich

living Rostov-on-Don, Voroshilovsky Ave., 3 apt. 1, tel…

Statement of claim

on the collection of alimony for the maintenance of a minor child

I have been in a registered marriage with Ivanov Ivan Ivanovich since November 11, 2010. During our marriage, we had a son, Timofey Ivanovich Ivanov, born January 3, 2012.

The defendant does not have another child, and no deductions are made from him according to writs of execution.

The debtor's place of work is unknown to me.

On February 2, 2015, I appealed to the magistrate to issue a court order to collect alimony for the maintenance of a minor child. On the same day (02.02.2015) my application was granted, and I received a court order in my hands. However, on February 21, 2015, the magistrate issued a ruling to cancel the court order. I received a copy of the ruling on March 6, 2015. I do not agree with the ruling and intend to defend the child’s rights to receive alimony in a lawsuit.

In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

Please:

To recover from Ivan Ivanovich Ivanov, born October 29, 1980, native of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky Ave., 3 quarter 1 in my favor alimony for the maintenance of my son - Timofey Ivanovich Ivanov, born January 3, 2012, in the amount of ¼ of all types of earnings monthly, starting from the date of filing the application on February 2, 2015 years before he/she comes of age.

Enclosure: copy of marriage certificate,

a copy of the child's birth certificate,

a copy of the applicant's passport,

a copy of the ruling to cancel the court order,

certificate of family composition.