The law in the Russian Federation imposes on both spouses equal responsibilities for the maintenance of children. If one of the spouses lives separately from the child after the divorce, he must pay the maintenance - alimony. They are defined as the percentage of earnings paid to the ex-spouse on a monthly basis. The new version of the Family Code, which was adopted in 1996, provides for two options for the payment of child support / child support.
It is necessary
- - birth certificate of the child;
- - a certificate from the place of residence with information that the minor child lives at the expense of the mother or father.
Instructions
Step 1
Russian legislation provided for two options for collecting alimony from an ex-husband. For a support agreement, try negotiating with your ex-spouse to voluntarily pay child / minor child support. Such an agreement can be concluded both after a divorce from a spouse, and in legal marriage.
Step 2
Have the agreement certified by a notary, because otherwise it will not be legally binding. Indicate in the document the amount of alimony, terms, procedure and method of paying maintenance for the child. Discuss the amount of pay with your ex-spouse. The amount of alimony should not exceed ¼ of the husband's salary for one child, 1/3 for two, ½ for three or more minor children.
Step 3
If it was not possible to agree voluntarily with your ex-spouse, resolve the issue through the court. Write a statement of claim, in which indicate the court to which you are filing the claim, the last name, first name, patronymic and place of residence of the plaintiff (your data) and the defendant (data of the ex-husband). In the application, indicate the reasons for collecting the alimony. Usually they describe the situation that there is a common minor child (his name and year of birth), but the plaintiff does not support the child.
Step 4
Attach two copies of the statement of claim, a birth certificate of the child, a certificate from the place of residence indicating that the child is dependent on the mother.
Step 5
After consideration of the case for the recovery of alimony from the ex-spouse, the writ of execution goes to the bailiffs: you take the document by court decision to the bailiff service in the area where the plaintiff lives.
Step 6
The bailiff initiates proceedings and issues an order on the recovery of alimony. This document is sent to the payer and payee. The bailiff will collect money from the defendant through the data of the Pension Fund, the tax service and insurance companies.
