In accordance with the family legislation of the Russian Federation, parents are obliged to financially support their children until they reach the age of majority, that is, up to 18 years of age. Alimony is paid not only upon dissolution of a registered marriage, but also in its absence. To do this, you need to apply for a genetic examination to establish paternity. Since March 1, 1996, there have been changes in the regulation of the issue of maintaining minor children. Now people can agree on voluntary alimony payments.
It is necessary
- - statement of claim in duplicate
- - certificate of mother's income, 2-NDFL form
- - certificate of father's income, 2-NDFL form
- - an extract from the house book or a certificate of registration of the plaintiff and the defendant
- -original and copy of the child's birth certificate
- -original and copy of marriage or divorce certificate
- -certificate on establishing paternity (if necessary)
- -receipt of payment of the state fee
Instructions
Step 1
For voluntary payments, draw up a written contract and certify it at a notary office. In most cases, the contract is drawn up by the notary himself, since it is important to have a legally competently drawn up contract on the agreement of the parties.
Step 2
The amount of money and the timing of its payment, the parties negotiate, and everything is fixed in the contract.
Step 3
More often than not, the two parties, the plaintiff and the defendant, cannot agree on a voluntary basis. In this case, file a claim in court. The defendant will be required to enforce alimony. The required package of documents must be submitted to the court.
Step 4
Pay the state fee.
Step 5
If paternity or maternity has not been established in relation to the defendant, then it is necessary to undergo a genetic examination for this establishment. These expertise should be submitted to the court along with the documents on the recovery of financial support.
Step 6
You can go to court in person or by sending a package of documents by registered mail via mail.
Step 7
The court makes a decision on the financial support of the child. A quarter of the income is paid for 1 child, a third of the income for 2 children, and half of the income for three or more children.
Step 8
If the defendant's earnings are not constant or if the amount of income is constantly changing, the amount of alimony can be set in a fixed amount.
Step 9
If you do not have a desire to file for alimony, then the guardianship and guardianship authorities can independently send a statement of claim to the court, in the interests of protecting the rights of the child. They can force you to apply for the recovery of alimony.
