How to write an application for alimony sample. Alimony application. What documents do you need to collect to file a claim?

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Last updated February 2019

If, after the divorce, the parties could not agree on amicable settlement of the dispute on the maintenance of a minor child (children) and did not conclude an agreement on the recovery of alimony, then the party whose rights were violated has the right to file a claim for the recovery of alimony for the maintenance of the child from ex-husband not fulfilling their direct duties.

Important! If both parents do not fulfill their obligations regarding the proper maintenance of their minor children (child), then the guardianship and guardianship authority has the right to independently file this type of claim with the court and oblige the parents (parent) to pay this mandatory payment.

Where to apply for child support

The submission process is quite simple. A person who intends to file a claim for child support must collect some papers, attach an appropriate statement to them and submit this package of documents to court of general jurisdiction, which is located at the place of residence of the defendant or plaintiff. This case is to be heard by a magistrate.

Important! If, when submitting documents, it is not established that the defendant is the father of a minor child in whose favor alimony will be collected and this fact should be established, and also if the issue of deprivation is being resolved in parallel parental rights both or one spouse, then the data documents must be submitted to the district court cities (Article 23, Clause 4 of the RF IC).

If the marriage between the parents of a minor child was not concluded, then it is initially necessary to establish the fact of paternity. If the document (birth certificate) contains an entry stating that this person is a parent, then proving will be a fairly easy procedure. If this record is not available, then it is necessary to make a genetic medical examination, which will reliably confirm paternity.

How to apply for child support

Article 131 of the Civil Procedure Code of the Russian Federation indicates that a statement of claim for alimony must be submitted only in a simple written form. Also, this article establishes some mandatory information that must be indicated in this document, but this list is not exhaustive. These include:

the name of the court;
Full name of the plaintiff, data on his place of residence;
Full name of the defendant, data on his place of residence;
the essence of the claim (violation of the rights of a minor child and deviation from the payment of alimony);
circumstances and evidence confirming the fact of violation;
the amount of alimony;
list of attached documents.

Sample request letter for child support

In order to better understand how the application for alimony should look like, check out its example (comments are highlighted in blue) or:

Justice of the Peace Court District
No. 3 in the city of Taganrog
Claimant: Ivanova Raisa Yurievna,
living: Taganrog, st. Zhukova, d.5, apt.8
Respondent: Ivanov Anatoly Georgievich,
resident: Taganrog, st. Chaikina, d.7
The price of the claim: 48,000 rubles (amount of payments per year)
The amount of the claim is 48,000 rubles (if in a fixed sum)
If the collection occurs during marriage, then this line is missing.

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)
or in a fixed amount per child (children)
or a child in marriage

I and Ivanov Anatoly Georgievich are the parents of a minor child (children) Ivanova Anastasia Anatolyevna, born in 2008. The child (children) lives (s) with me at the address: Taganrog, st. Zhukova, d. 5, apt. 8. I fully support him (them) financially, the defendant financial assistance does not provide for the maintenance of the child (children). The defendant has no other children, no deductions are made from him under executive documents ( it is not possible to voluntarily resolve the issue of paying alimony, an agreement on the payment of alimony was not concluded between us - add if the collection occurs in a firm form) .

If the collection occurs during marriage, then add: “available on this moment I do not have enough funds for a full-fledged and comprehensive development child, because taking into account the large expenses associated with his education, the acquisition of the necessary textbooks, notebooks, books, clothes for him and related accessories for learning, not to mention proper and balanced nutrition, the costs of which are also borne only by me " .

In accordance with articles 80, 81 of the Family Code of the Russian Federation (83, 117 if child support is in solid form), articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Collect from Anatoly Georgievich Ivanov, born in 1975, a native of the city of Taganrog, Rostov Region, in my favor alimony for the maintenance of Anastasia Anatolyevna Ivanova, born in 2008, in the amount of 1/4 part (for 2 children - 1/3, for 3 children - 1/2) all types of earnings monthly, starting from the date of application on June 25, 2019 until the age of majority of the child (children).

If the recovery occurs in a firm form, then indicate the amount and reason for payments of this particular form:the parent liable to pay maintenance has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income. And also indicate how much money was spent on the maintenance of a child during marriage every month. If the ex-spouse has no earnings, then it is necessary to indicate the amount of the average monthly earnings at the time of application, as well as the minimum subsistence level for a child.

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
Copy of marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)
Help from the housing authorities on the residence of the child with the plaintiff
Certificate from the place of work of the defendant (if there is no work, and he is registered with the employment center, then a certificate of payment of benefits to the defendant)
State duty payment receipt
Documents confirming the amount of the defendant's income
Documents confirming the amount of necessary support for children
(Points 7 and 8 are necessary in case of collection of alimony during marriage).

List of attached documents

When filing with the court, the following documents must be attached to the statement of claim for the recovery of alimony:

copy of marriage certificate
copy of divorce papers
a copy of the birth certificate of the child (children) who have not reached the age of majority
documents that confirm the fact that the child lives with the plaintiff (they are issued by the housing authority)
a certificate from the place of work confirming that the defendant has earnings (if this party is unemployed and is in the employment center, then a certificate of payment of benefits to the defendant)
a document containing information on the payment of the state fee

Important! The amount of the state duty in accordance with paragraph 14 of Article 333.19 of the Tax Code of the Russian Federation is 150 rubles. It is charged to the defendant. If the plaintiff has already paid it, the court will oblige the defendant to return the expenses incurred. If the court decided to collect a mandatory payment not only in favor of the minor, but also in favor of the plaintiff, then the amount of the state duty will increase by 2 times.

You can file a lawsuit to collect child support at any time before the child reaches the age of majority. At the same time, in the court decision, alimony will be determined from the moment of application.

Grounds for return and non-acceptance of the claim

Sometimes the court may refuse to accept the claim, return it or leave it without movement. Cancellation is possible in the following cases:

there is already a case in proceedings against the party whose interests are being protected
there is a court decision, which has already entered into legal force, between the same subjects on the same subject and the same grounds
there is a court ruling on accepting the refusal of the plaintiff about this claim

This list is not exhaustive. After the refusal, the court issues a reasoned ruling that prevents the re-filing of a claim for the recovery of alimony against the same defendant, on the same grounds and subject matter, however, the ruling may be appealed.

The return of the claim occurs in the following cases:

non-compliance with the procedure for pre-trial settlement of relations
this court has no jurisdiction
the claim is filed by a person who is incompetent
the court already has an open case between the same subjects, on the same grounds and subject
the application was not signed or signed by a person who does not have the right to perform this action
if an application was received from the plaintiff to return the claim to him

This list is not exhaustive. At the time of return, the judge issues a reasoned ruling, indicating in it all the necessary circumstances. The return period is 5 days after submission. After the elimination of the shortcomings, the claim may be filed again, and a complaint may be filed against the decision of the judge.

The statement of claim for alimony remains without movement if the conditions of its form and content have been violated. After correcting the deficiencies, the claim is again sent to the court.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

If a parent who evades his obligation to financially support a child does not want to resolve the issue of paying funds for a minor peacefully, then alimony can be collected from him by force - with the help of an appropriate statement of claim - can be lower.

Collect alimony from the father or mother of the child in judicial order it is possible only if it is observed: the parents did not conclude a maintenance agreement, paternity is documented, etc.

How to apply for child support?

Of course, it is always preferable that parents can agree on one's own in relation to child support payments by signing, having legal force.

Unfortunately, not always parents, having common minor children, can peacefully resolve the issue of their maintenance by paying alimony (being married, divorced or for an illegitimate child - that is, born without marriage). Then the second parent, who is dependent on the child, in order to exercise his right to receive alimony, will need to file a corresponding application with the Magistrate's Court. At the same time, forcibly collect child support through the court can be done in two ways:

According to Art. 23 Code of Civil Procedure of the Russian Federation, issues of alimony appointments are dealt with world courts. It is important to note that the state duty (the state duty, the amount of which in 2019 in the general case is 150 rub., and if a decision is made to collect alimony at the same time for the maintenance of both children and the applicant - 300 rub.) for this category of cases taxed by the defendant(clause 2 of part 1 of article 333.36 of the Tax Code of the Russian Federation).

Sample application for child support

A sample statement of claim for the recovery of child support in 2019 is given below:

The number of copies of the statement of claim itself and documents to it must correspond to the number of persons participating in the case (usually required 3 copies). However, in order for the application for alimony to be accepted by the court for consideration, the plaintiff must comply with the basic requirements of Art. 131 Code of Civil Procedure of the Russian Federation regarding its procedural form and content:

Create a claim header:
- the name of the magistrate's court, indicating the address of its location;
- the initials of the plaintiff in the nominative case with the address of residence and a valid contact phone number;
- the defendant's initials in the nominative case with the address of residence and a valid contact phone number;
- initials of the 3rd person in the nominative case with contact and address details, if one will participate in the case.
Write the content of the claim:
- describe the family ties of alimony legal relations (for example, the plaintiff - mother, the defendant - father, in favor of a common son, daughter or several children);
- display the approximate monthly expenditure of funds per child (tuition fees, food basket, expenses for clothing, treatment, etc.);
- point out the facts of the parent's avoidance of participation in the maintenance of the common child.
Submit a claim:
- appointment of alimony in favor of the child from the defendant;
- determination of the procedure for collecting funds - a share of income, a fixed amount of money, and so on;
- justification of the chosen order and amount - if a fixed payment is chosen.
Attach supporting documents to the application:
- passports of the plaintiff and defendant;
- birth certificate of the child (even when reaching the age of 14);
- certificates from the place of work of the plaintiff and the defendant;
- characteristics from the place of work of the plaintiff and the defendant;
- certificate of family composition (from housing department);
- certificate from the place of study of the child;
- certificates of visiting circles and sections;
- copies of sales receipts or a printout of bank card expenses showing the plaintiff's expenses for the minor;
- written testimonies of witnesses (teachers, neighbors, relatives) who do not have the opportunity to testify orally in a court session.

If the plaintiff does not have the opportunity to submit to the court separate documents that are significant for making a decision in the case of recovery of alimony, in accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, he may petition the court in writing or orally to demand them.

When can I go to court to apply for child support?

Main conditions compulsory collection of alimony through the court are:

the presence of documented parental status in relation to the child (written in his birth certificate, or in a court decision on adoption or paternity);
the absence of a voluntary agreement between the parents on the appointment of alimony (see);
facts of father's or mother's avoidance of participation in the maintenance of the son, daughter.

And it can be submitted regardless:

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Marriage status:
The fact of joint or separate residence(even if the deviant parent lives with the family, is divorced from his wife or without divorce, if it can be confirmed that he does not contribute financially to the maintenance of the child).
The social status of the payer:
- alimony evader.
Child's age:

Hello!
A claim for the recovery of alimony is filed with a magistrate at the place of residence of the defendant or at the place of residence of the plaintiff.

If the place of residence of the defendant is unknown, then the claim must be filed at the last known place of residence of the defendant.
There is no filing fee for filing a claim for child support.

To the magistrate's court __________

Claimant:__________________________________

(full name, address)

___________

(full name, address)

STATEMENT OF CLAIM

Date____ I got married as the respondent (tsey) (full name of the spouse (s) and lived (s) with him (her) together (indicate the month, year until which they lived together: if the marriage has already been dissolved, then indicate the date of dissolution). We have (have) a child (children) from marriage (indicate the name, date, month, year of his (their) birth). The child (children) is (are) dependent on me, the defendant (ca ) does not provide material assistance for his maintenance (al, ala). The defendant (ca) does not have another child (children), no deductions are made from him (her) under executive documents. (The defendant (ca) does not provide alimony for the maintenance of other minor children pays. (If the spouse has other children and, according to executive documents, alimony for their maintenance is withheld from him, the full name, place of residence of the 3rd person (the person in whose favor the alimony for the maintenance of children is paid

Based on the aforesaid and guided by Article. Articles 80, 81 of the Family Code of the Russian Federation

PLEASE COURT:

Collect from (indicate full name, date and place of birth, place of residence and address of registration, place of work, position) in my favor alimony for (indicate the name and date of birth of each child) in the amount of _______ part of all types of earnings monthly, starting from (the date of application is indicated) and until his (their) majority.

Appendix:

Copies of the statement of claim for the defendant (and for third parties, if any).
.
.
Certificate from the place of residence (that the child is dependent on the plaintiff).
Certificate from the place of work of the defendant (on salary and deductions made under executive documents in favor of other persons).
date

Good answer bad answer

A statement of claim for the recovery of alimony is submitted to the justice of the peace. The claim can be filed at your place of residence or at the place of residence of the defendant. The plaintiff is exempt from paying the state duty.

The child support claim must be accompanied by a birth certificate of the child(ren) that confirms that the defendant is the parent. You also need to attach a certificate of family composition, which confirms that the child lives with the plaintiff and is on his maintenance (dependency).

If the parents were married, the application must be accompanied by a certificate of its conclusion (of dissolution, if the marriage is dissolved). If the parents were not married, this document is not required.

(full name, address)
_
(full name, address)

(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)

Good answer bad answer

Olga Igorevna

Hello, as an addition, I will explain. A statement of claim for the recovery of alimony is filed at the site of the magistrate both at the place of residence of the defendant and at the place of your place of residence. (Optional). At the same time, you, the applicant, are exempt from paying the state fee. The statement of claim must contain the following information: 1) the name and address of the court district to which the statement of claim is sent 2) the full name of the plaintiff, address of registration, address of residence, telephone 3) full name of the applicant, address of registration, address of residence, telephone 4) Information about circumstances (whether you are married, etc.) 5) Law references (Family Code) 6) Requirements
All the best.

Good answer bad answer

(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

I BEG:

Appendix:
1. Copy of the statement of claim.

Good answer bad answer

Justice of the Peace Court District
No. _____ by city ______
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
The price of the claim _____________________
(amount of payments per year)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full name of children, date of birth). The child (children) live with me, I fully support them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, no deductions are made from him under executive documents.

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Collect from _________ (full name of the respondent) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full name and date of birth of each child) in the amount of ______ of all types of earnings monthly, starting from the date of application (specify) to the age of majority of children.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved)
Copy of the birth certificate of the child(ren)
Help from the housing authorities on the residence of the child with the plaintiff
Date of application "___" __________ ____ Signature of the claimant _______

Good answer bad answer

The application must be written in writing in accordance with the requirements of Article No. 131-132 of the Civil Procedure Code Russian Federation. In any court, there is a form for the correct execution of a statement of claim. If you find it difficult to write a statement on your own, you can always contact a professional lawyer for help. 2 In the statement of claim, you must indicate the name of the court in which you are filing an application. Indicate the city or district where the court is located.
Last name, first name, patronymic of the plaintiff, that is, you. Your registration address. 3 Last name, first name and patronymic of the defendant, that is, the person for whom you are filing for alimony. His address of registration and address of actual residence. 4Next, write a statement of claim for the recovery of alimony for a child or children and indicate the number of children. 5 Describe when you got married to the respondent citizen, until what day of the month and year you lived together. When the marriage is dissolved, you must specify the day, month and year. If the marriage is not dissolved, but you do not live together, then indicate from what date of the month and year the joint household is not conducted. If the marriage is not dissolved and cohabitation, indicate that you live together. 6 Indicate that there are children from a joint marriage, and how many. Write the name of each child, day, month and year of birth of each child.
Write that the children are dependent on you and that the defendant does not provide financial assistance for the maintenance of children.
Does the defendant have other children besides yours, and whether deductions are made from him on writ of execution in favor of other children. 7 Next you need to write: In accordance with Article No. 80, No. 81 of the Family Code of the Russian Federation, I ask you to recover from (indicate the last name, middle name and address of the defendant, a native of which region or city). In my favor, alimony for (indicate the names of the children and the date of birth of each child). In the amount of all types of earnings monthly, starting from the date of application and until the age of majority of children. 8Submit documents and the defendant is awarded the payment of alimony from the date of filing the statement of claim. The amount of alimony will depend on whether the defendant still has minor children.

Good answer bad answer

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Good answer bad answer

Justice of the Peace Court District
No. ____ by city _______________
Claimant: ________________________
(full name, address)
Respondent: ______________________
(full name, address)

STATEMENT OF CLAIM
to reduce child support

On the basis of the decision of the justice of the peace of the court district N____ dated "___" _________ ___ N____, in favor of the defendant (ka), alimony is collected from me for the (minor (them)) child (children) _________ (full name, date of birth of the child (children) in the amount _______ (indicate shares or amount of hard money) wages.

Since the decision N ____, circumstances have changed, namely: _________ (indicate the circumstances affecting the reduction in the amount of alimony).

Based on the foregoing, guided by Article 119 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Reduce the amount of alimony collected from me in favor of the defendant (ka) by decision of the justice of the peace of the court district N ____ from "___" _________ ____ N ____ for the maintenance of the child (children) _________ (full name, date of birth of the child (children) to _______ share wages monthly.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the claim
Document confirming the payment of the state fee
A copy of the decision of the justice of the peace N ____ dated "___" _________ ____
Plaintiff's salary statement
Evidence supporting the grounds for reducing child support
Date of application "___" _________ ____ d. Petitioner's signature _______

Good answer bad answer

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

In accordance with articles 80, 81 of the Family Code of the Russian Federation, articles 131, 132 of the Civil Procedure Code of the Russian Federation,

Good answer bad answer

Application for recovery of child support (sample)

In ___________________ district
(city) court of ___________

PLAINIT: _______________________
(Full name, address of the applicant)
RESPONDENT: ____________________
(full name, address)

STATEMENT OF CLAIM
on the recovery of alimony for the child (children)

"__" _________ 20__ I got married to _____________________________ (full name and address of husband / wife) and lived with her (him) __________________________________ (month, year until which they lived together; and if the marriage is dissolved, then the date of dissolution).

From marriage we have (are) a child (children) _____________________ (name, date, month, year of birth)
The child (children) is (are) dependent on me, the spouse (a) does not provide material assistance for his maintenance (al, ala).

The spouse (a) does not have another child (children), no deductions are made from him (her) under executive documents.

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

I BEG:

Collect from _________________________________ (full name and address of residence, work of husband / wife) __________________ year of birth, native (s) _______________________ (city, region) in my favor alimony for ______________________________ (name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (“__” __________201__) until his (their) majority.

Appendix:
1. Copy of the statement of claim.
2. A copy of the marriage certificate (certificate of divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4. Certificate from the place of work of the person obliged to pay alimony, about the amount of salary and deductions.
5. Certificate from the housing authorities on the fact that the child (children) is dependent on the applicant.

"___"__________ ____ G. ______________

Good answer bad answer

You wrote an application for the issuance of a court order for the recovery of alimony, took everything into account, wrote according to the sample, but you still received a decision to cancel the court order.

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

Whoever read our article “ All about the court order for the recovery of alimony”, he will not panic and will react to the judge’s decision to cancel the court order with ease.

Indeed, in fact, a court order is a simplified form of alimony recovery 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 recovery 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 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.

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

1)name of the court to which the application is being made. A statement of claim for the recovery of alimony is submitted to the justice of the peace. Since there are many magistrates, you need to accurately establish the full name of the judge, or at least the number of the court district. To do this, you must make the following choice for yourself:

Apply according to the general rules of jurisdiction, that is, at the place of residence of the debtor (at the address).

Or apply with a statement of claim at the place of residence of the plaintiff.

The choice is yours, depending on your convenience.

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

2) Full name of the plaintiff(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 being applied for) 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 claims;

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

6) a list of documents attached to the application.

The statement of claim may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.

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 in the presence of a notarized power of attorney or an attorney's order.

What documents must be attached to a claim for the recovery of alimony

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

So, to the statement of claim for the recovery of alimony, the following is attached:

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 an 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, a certificate of marriage or divorce.

Within five days from the date of receipt of the statement of claim at the judicial district, the justice of the peace must 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, in case of compliance with all requirements to it, within five days, issues a ruling on accepting the statement of claim. Based on this definition, a civil case is formed. The judge also issues a ruling on the preparation of the case for trial or on the appointment of a preliminary court hearing.

2. In what cases does the judge refuse to accept a statement of claim for the recovery of alimony?

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

Thus, the justice of the peace refuses to accept a statement of claim for the recovery of 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 the settlement agreement of the parties;

There is a decision of the arbitration tribunal, which has become binding on the parties and adopted in a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court refused to issue a writ of execution for the enforcement of the decision of the arbitration tribunal.

In the event of a ruling on refusal to accept the statement of 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 a magistrate in the city court.

After the refusal to accept the 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. Art. 135 of the Code of Civil Procedure of the Russian Federation provides a list of grounds for the return of a statement of claim, including the recovery of alimony:

The claim is filed by an incompetent 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 arbitral tribunal there is a case on a dispute between the same parties, on the same subject and on the same grounds;

Prior to the issuance of the court ruling on the acceptance of 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 prevent the initiation of a case. Within the same five days from the date of receipt of the application by 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 the elimination of the shortcomings indicated in the definition, the applicant may again apply to the court with a claim against the same defendant, on the same subject and on the same grounds.

A private complaint may be filed against the decision of the judge 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 for the consideration of the case on the merits are not attached, the judge issues a ruling on leaving the statement of claim without movement.

A copy of the ruling shall be sent to the person who filed the application, the ruling shall indicate a reasonable period for correcting the shortcomings.

If the applicant eliminates the shortcomings listed in the ruling 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 not submitted and is returned to the applicant with the decision to return the statement of claim and with all the documents attached to the application.

A private complaint may be filed against a court ruling on leaving the statement of claim without movement within fifteen days from the date of the ruling.

The legal service of the site has developed a variety of samples of statements of claim for the recovery of alimony, depending on your situation:

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

For one, two, three or more children in solid sum of money;

For a child born out of wedlock;

Claim for the recovery of alimony after the cancellation of the court order.

Sample letter of claim for recovery of alimony

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

Plaintiff: Elena Ivanovna Ivanova

Statement of claim

Collect from Ivanov Ivan Ivanovich, born on October 29, 1980, a native of the city of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky pr., 3/1 in my favor alimony for the maintenance of my son – Ivanov Timofey Ivanovich, born on January 3, 2012, in the amount of ¼ of all types of earnings monthly, starting from the date of application on April 11, 2015 years before his (their) majority.

a copy of the applicant's passport,

information about the composition of the family.

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

To the justice of the peace of the court district No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

Statement of claim

I do not know where the debtor works.

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

I beg:

Collect from Ivanov Ivan Ivanovich, born on October 29, 1980, a native of the city of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky pr., 3, quarter 1 in my favor child support for the maintenance of children: son Ivanov Timofey Ivanovich, born on January 3, 2012, daughter Ivanova Alina Ivanovna, born on February 22, 2014, in the amount of 1/3 part of all types of earnings monthly, from the date of application on March 11, 2015 until the children reach the age of majority.

Attachment: copy of marriage certificate,

2 copies of the child's birth certificate,

a copy of the applicant's passport,

information about the composition of the family.

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

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

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

Statement of claim

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

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, no deductions are made from him under executive documents.

I do not know where the debtor works.

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

I beg:

Collect from Ivanov Ivan Ivanovich, born on October 29, 1980, a native of the city of Rostov-on-Don, resident. Rostov-on-Don, Voroshilovsky ave., 3rd quarter 1 in my favor child support: son Ivanov Timofey Ivanovich, born on January 3, 2012, son Ivanov Artem Ivanovich, born on 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 the age of majority.

Attachment: copy of marriage certificate,

3 copies of the child's birth certificate,

a copy of the applicant's passport,

information about the composition of the family.

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

To the justice of the peace of the court district No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

living Rostov-on-Don

pr. Voroshilovsky, 3 kv.1

Statement of claim

on the recovery of alimony for a minor child in a fixed amount of money

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.

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

The defendant has no other children, no deductions are made from him under executive documents.

I BEG:

To collect from the defendant alimony for the maintenance of a minor child Ivanov Timofey Ivanovich, born on January 3, 2012, monthly 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 minimum established in ... region/territory/republic, etc.). d., if not installed in the region, then living wage in RF). I ask you to collect alimony from the moment you apply to the court with this statement of claim and until the child reaches the age of 18 years.

Appendix:

1. copy of the child's birth certificate;

4. statement of the plaintiff's income;

6. certificate of family composition.

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

Justice of the Peace Court District No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

living Rostov-on-Don

pr. Voroshilovsky, 3 kv.1

Statement of claim

on the recovery of alimony for two children in a fixed amount of money

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 and a daughter - Ivanova Alina Ivanovna, born on February 22, 2014.

The defendant has no other children, no deductions are made from him under executive documents.

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

Under such circumstances, in the interests of children, I believe that the amount of alimony collected on a monthly basis must be determined in a fixed amount of money - ... 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 obliged to pay alimony has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery 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 on a monthly basis, in a fixed amount of money or simultaneously in shares and in a fixed amount of money.

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

I BEG:

Collect from the defendant alimony for the maintenance of minor children of Ivanov Timofey Ivanovich, born on January 3, 2012, and Ivanova Alina Ivanovna, born on February 22, 2014, monthly in a fixed sum of money in the amount of ... rubles, (indicate the amount of the fixed sum of money in shares of the subsistence minimum established in ... region / region / republic, etc., if not established in the region, then the subsistence minimum in the Russian Federation).

Establish a procedure for indexing the alimony collected by the court depending on the change in the subsistence minimum in the territory of _________ (indicate the subject of the Russian Federation or the whole of the Russian Federation).

Appendix:

1. 2 copies of birth certificates of children;

2. income statement ( wages) defendant (optional, only if available);

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

4. statement of the plaintiff's income;

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

6. certificate of family composition.

23.03.2015 (Date of application) Plaintiff's signature ________ (signature full name)

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

To the justice of the peace of the court district No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

living Rostov-on-Don

pr. Voroshilovsky, 3 kv.1

Statement of claim

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

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, son Ivanov Artem Ivanovich, born on March 20, 2013, daughter - Ivanova Alina Ivanovna, born on February 22, 2014.

The defendant has no other children, no deductions are made from him under executive documents.

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

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

I BEG:

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

Appendix:

1. 3 copies of birth certificates of children;

2. certificate of income (salary) of the defendant (optional, only if available);

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

4. statement of the plaintiff's income;

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

6. certificate of family composition.

23.03.2015 (Date of application) Plaintiff's signature ________ (signature full name)

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

To the justice of the peace of the court district No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

living Rostov-on-Don

pr. Voroshilovsky, 3 kv.1

Statement of claim

on the recovery of maintenance for a minor child

From 07/10/2010 we lived together with the defendant at the address: Rostov-on-Don

pr. Voroshilovsky, 3 kv.1. Our relationship was not officially registered with the civil registry offices. From living together we had a child -

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

The defendant does not have another child, no deductions are made from him under executive documents.

I do not know where the debtor works.

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

I beg:

Collect from Ivanov Ivan Ivanovich, born on October 29, 1980, a native of the city of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky pr., 3/1 in my favor alimony for the maintenance of my son – Timofey Ivanovich Ivanov, born on January 3, 2012, in the amount of ¼ of all types of earnings monthly, starting from the date of application on March 11, 2015 years before his (their) majority.

Attachment: copy of the certificate of paternity,

a copy of the child's birth certificate,

a copy of the passport of the applicant (plaintiff),

information about the composition of the family.

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

To the justice of the peace of the court district No._

District__________ region

Plaintiff: Elena Ivanovna Ivanova

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

Responsible: Ivanov Ivan Ivanovich

living Rostov-on-Don Voroshilovsky ave., 3 kv.1, tel…

Statement of claim

on the recovery 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 the period of marriage, we had a son - Ivanov Timofey Ivanovich, born on 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 voluntarily does not provide financial assistance for the maintenance of his son.

The defendant does not have another child, no deductions are made from him under executive documents.

I do not know where the debtor works.

On February 2, 2015, I applied to the justice of the peace for the issuance of a court order for the recovery of 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 justice of the peace 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 rights of the child to receive alimony in a lawsuit.

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

I beg:

Collect from Ivanov Ivan Ivanovich, born on October 29, 1980, a native of the city of Rostov-on-Don, resident. . Rostov-on-Don, Voroshilovsky pr., 3rd quarter 1 in my favor alimony for the maintenance of my son - Ivanov Timofey Ivanovich, born on January 3, 2012, in the amount of ¼ of all types of earnings monthly, starting from the date of application on February 2, 2015 years before his (their) majority.

Attachment: copy of marriage certificate,

a copy of the child's birth certificate,

a copy of the applicant's passport,

a copy of the decision to cancel the court order,

information about the composition of the family.

A statement of claim for the recovery of alimony can be submitted both by the person claiming to receive maintenance funds, and by his legal representative. Recommendations for the preparation and submission of the said document to the judicial authority are given in our article.

Who can file a claim for child support

on a voluntary basis, when an agreement is concluded between the relevant persons on the payment of AP;
by decision of the judiciary.

Moreover, if the agreement on the payment of AP:

does not exist, only those persons (or their legal representatives) who are granted the right to receive alimony by law (Article 106 of the Family Code of the Russian Federation, hereinafter referred to as the RF IC) can apply to the judicial authority;
exists, but the obligated person does not perform it or performs it inappropriately, the recipient of the alimony or his legal representative is entitled to demand the fulfillment of the terms of this agreement forcibly through the court, as well as the termination or amendment of this document.

Application for the recovery of alimony or application for the issuance of an order: what to choose

Cases related to the recovery of AP are resolved in the order of writ or claim proceedings. In the 1st case, an application for the issuance of a court order (the so-called simplified procedure) must be filed, and in the 2nd case, a statement of claim for the recovery of alimony.

A court order, which is at the same time an executive document, is issued within 5 days from the date of filing with the judicial authority an application for issuing such an order. At the same time, the trial is not held, the parties are not invited to the court (Article 126 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

The legislation provides for the possibility of issuing a court order in the case of the recovery of AP in the only case: if the plaintiff makes a claim for the recovery of AP for children who have not reached the age of majority, and at the same time this requirement does not imply a parallel resolution of disputes about paternity (maternity) or the need to involve other parties in the case interested parties (paragraph 5, article 122 of the Code of Civil Procedure of the Russian Federation).

In all other cases, the case must be resolved according to the rules of action proceedings, including:

if the defendant has objections to the stated requirements;
if the AP is levied on disabled children or other family members who have reached the age of majority;
if the defendant is already making an AP by a court decision in favor of other persons, etc.

Also, on the basis of an order issued by the court, it is not allowed to recover AP expressed in a fixed amount of money for children under the age of majority (clause 11 of the resolution of the plenum of the Armed Forces of the Russian Federation “On the application by the courts of the Family Code of the Russian Federation ...” dated 10.25.1996 No. 9, hereinafter - Resolution No. 9 ).

Where to apply for alimony

Based on a system analysis sub. 4 p. 1 art. 23 and Art. 24 Code of Civil Procedure of the Russian Federation, it can be concluded that the justice of the peace has jurisdiction over disputes:

on the recovery of AP for children who have not reached the age of majority;
on the recovery of AP for disabled children who have reached the age of majority;
on the recovery of a penalty in connection with the violation of the established deadlines for the payment of alimony;
on changes in the amounts of the collected payments;
other disputes arising from family law relations.

An exception to this rule are cases on the recovery of AP, connected simultaneously with the requirements for the restriction or deprivation of parental rights, establishing paternity (maternity), determining the place of residence of the child. These issues are within the competence of the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

If, guided by the provisions of paragraph 1 of Art. 151 Code of Civil Procedure of the Russian Federation, the plaintiff combined in 1 statement of claim (hereinafter - IZ) several requirements, some of which are within the jurisdiction of the magistrate's court, and some of them - to the district court, then all claims must be considered by the district court.

As a general rule, a claim may be filed at the defendant's place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation). At the same time, an application for the recovery of an administrative offense is also allowed to be submitted at the place of residence of the plaintiff (clause 3, article 29 of the Code of Civil Procedure of the Russian Federation). Additionally, paragraph 24 of Decree No. 9 clarifies: claims by alimony payers containing demands for a reduction in the amount of the AP are presented at the place of residence of the claimant (recipient of the AP).

Application deadline

A person who, by law, claims to receive an AP may submit to the court a statement of claim for alimony-sample-2018 - 2019 is given in our article), regardless of the period that has passed since the date the right to the AP arises, provided that earlier the AP under the agreement on they were not paid (clause 1, article 107 of the RF IC).

By general principle AP are awarded from the moment of application to the judicial authority. At the same time, the AP can also be recovered for the past period of time, limited to a 3-year period from the date of filing the IZ with the court, if the person obliged to implement the AP evaded their payment, although the plaintiff took measures aimed at obtaining the AP (paragraph 2 of Art. 107 RF IC).

To such measures, according to the Presidium of the Supreme Court of the Russian Federation (review judicial practice on cases related to the recovery of alimony ..., approved. 05/13/2015), courts may refer:

sending registered letters of appropriate content;
sending messages via e-mail with a request for the implementation of the AP;
the plaintiff's appeal to the magistrate with an application for the issuance of a court order, etc.

The plaintiff must provide evidence that the conditions of paragraph 1 of Art. 107 of the RF IC are complied with. Otherwise, the courts usually refuse to satisfy the claim for the recovery of the administrative offense for the period preceding the appeal to the judicial authority (for example, the appeal ruling of the Donetsk City Court of the Rostov Region of December 15, 2015 in case No. 11-37 / 2015).

Determining child support arrears

Recovery of AP is possible:

For a period within 3 years preceding the presentation for collection of a notarized agreement on the payment of AP or the relevant executive documentation (clause 1, article 113 of the RF IC).
For the entire period from the moment of awarding alimony, if the deduction of the AP by order of executive documentation or on the basis of an agreement on the payment of alimony certified by a notary was not carried out through the fault of the person obliged to pay alimony (clause 2, article 113 of the RF IC). If the fault of the payer in this case is not established by the court (illness, difficulties with employment, etc.), then the AP will be recovered for the previous 3 years (see the appeal ruling of the Khabarovsk Regional Court dated January 13, 2016 in case No. 33a-266 / 2016).

If a claim for the payment of alimony is filed simultaneously with the claim for the establishment of paternity, then upon satisfaction of the named claim, the AP can only be awarded from the moment the IZ is filed to establish paternity in court in accordance with the rules of paragraph 2 of Art. 107 of the RF IC (clause 8 of Resolution No. 9).

If the salary and income of the obligated person are not enough, the AP can be recovered from the debtor's funds placed in the bank accounts or covered from his property (clause 1, article 112 of the RF IC).

Statement of claim for the recovery of alimony for a child: sample-2018 - 2019

When preparing a statement of claim for the recovery of alimony, one should be guided by the general rules established by Art. 131 Code of Civil Procedure of the Russian Federation. This document is in writing and includes the following information:

the name of the judicial authority to which the FROM will be filed;
information about the plaintiff and the defendant: last name, first name, patronymic and address of residence - for citizens, name and location - for organizations participating in the case;
a description of the essence of the dispute that has arisen, indicating the affected legitimate interests and rights of the plaintiff;
the formulated requirement for the recovery of AP;
evidence of the facts cited by the plaintiff;
the price of the claim with the calculation (in this case, the price of the claim is calculated as a set of AP for the year (subclause 3, clause 1, article 91 of the Code of Civil Procedure of the Russian Federation));
list of applications to IZ;
Date of preparation;
plaintiff's signature.

You can download a sample application for the recovery of alimony by clicking on the link: Sample statement of claim for the recovery of alimony .

A sample statement of claim for alimony also assumes the presence of mandatory applications (Article 132 of the Code of Civil Procedure of the Russian Federation), such as:

copies of the statement of claim for the recovery of alimony according to the number of defendants and third parties;
copies of documents containing the substantiation of the claims made by the plaintiff and certifying the facts given in the IZ, according to the number of defendants and third parties, if they do not have these documents (usually such documents include certificates of registration or divorce, birth of children, certificates of the place of residence of children );
calculation of the amount to be recovered.

A copy of the receipt for the payment of the state duty is not attached, since in this case the plaintiff is exempt from paying it by law (subparagraph 2, paragraph 1, article 333.36 of the Tax Code of the Russian Federation).

So, a statement of claim for the recovery of alimony can only be presented by eligible persons in accordance with Art. 106 RF IC. The execution of this document must meet the general requirements of the Code of Civil Procedure of the Russian Federation for IZ. In this case, the plaintiff is exempt from paying the state duty.

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How to write an application for alimony sample. Alimony application. What documents do you need to collect to file a claim?

Where to apply for child support

How to apply for child support

Sample request letter for child support

List of attached documents

Grounds for return and non-acceptance of the claim

How to apply for child support?

Sample application for child support

When can I go to court to apply for child support?

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

What does each of the above solutions mean?

Sample letter of claim for recovery of alimony

Who can file a claim for child support

Application for the recovery of alimony or application for the issuance of an order: what to choose

Where to apply for alimony

Application deadline

Determining child support arrears

Statement of claim for the recovery of alimony for a child: sample-2018 - 2019

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