Required documents for alimony and amount of payments

The Family Code provides for a number of casesrecovery of alimony. Alimony is a payment made by one of the parents to keep a minor child. If peacefully to agree on the issue of money for the son (daughter) failed, then it is necessary to file documents for alimony for their payment on a compulsory basis.

List of required documents

If the father (mother) of the child flatly refusesto pay money to the child, it is necessary to apply to the court. For this you need to prepare certain documents for alimony:

1. Statement of claim. Here we indicate the data about ourselves and the defendant, we state the circumstances of the case and our demands. In a lawsuit, you need to specify such facts: from when does the defendant refuse to support the child, whether you are divorced or not, have you tried to find out the problem peacefully, etc. Also, do not forget to list all the documents that are filed with the claim.
2. Inquiries about income (both as a defendant and as an applicant).
3. Certificate of marriage (if divorced - about divorce).
4. An extract from the house book or a copy of the apartment card.
5. A check confirming the payment of the state fee.
6. The birth certificate of the child.
7. Other documents for alimony that support the defendant's demands.

Before submitting documents to the court, we recommend that you once again try to talk with the child's father (mother) about the voluntary maintenance of the child and the conclusion of the agreement.

Order order

The procedure for recovery of alimony is severalIt will be simpler if you apply for a court order. It is both a court decision and an execution sheet. Such a process takes place even without inviting the parties. The judge independently reviews the documents for alimony within 5 days from the date of receipt of the application. However, in this order the parent who lives with the child is considered the applicant, and the other parent is the debtor. Appeal to the decision of a magistrate can be made within 10 days after receiving a 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 alimony

Alimony by general rule will be paid in the amount of 25% of the earnings of the father (mother) or in a fixed amount (if there is no official duty station). The court can collect payments according to this principle:

• if the child is alone, then a quarter of the salary can go to alimony;
• for two, one third of the income is withdrawn;
• for three or more - half the earnings.

The amount of payments can be reviewed in theIf the defendant's financial situation has become better or worse. If the parent who lives separately does not have a permanent place of work, then the court has the power to determine the specific amount of money that he must give out to the child on a monthly basis. The minimum amount of alimony is not determined, the court decides in each case exclusively individually. In addition, if a parent receives income in a foreign currency, it may also be subject to recovery.