Divorce or separation does not relieve spouses of their responsibility to support their children. The parent with whom the children live must be paid child support. Do not postpone their registration. If it is not possible to settle the issue in the usual way, you will have to go to court.
It is necessary
- - passport;
- - divorce certificate;
- - birth certificates of children;
- - certificate of the defendant's salary or other evidence of his income;
- - receipts confirming expenses for children.
Instructions
Step 1
To contact the magistrate, collect a package of documents: birth certificates of children, passport, divorce certificate and copies of these documents. It is a good idea to have a document certifying the spouse's income from which the alimony will be charged, for example, a certificate of salary.
Step 2
Decide how it is more convenient for you to receive payments. Alimony can be ordered depending on the defendant's monthly income or as a lump sum. The latter option is more profitable if the former spouse does not have a stable income. If you are applying for such a payment option, you will have to explain to the court what amount is needed so that the interests of the children are not infringed upon. Collect receipts for club and section payments, clothing purchases, and medical expenses to confirm costs.
Step 3
If you choose to pay as a percentage of the respondent's income, keep in mind that the court only considers the official salary. For one child, a quarter of the income will be charged, for two children - a third, for three or more - half.
Step 4
Write a statement of claim in which you state your child support request. A sample can be found at the reception of the court or downloaded on the Internet. Attach copies of documents to the claim. You will be told the date when your case will be reviewed. Please note that alimony will be credited only from the moment you go to court, so do not delay filing a claim.
Step 5
After the trial is over, receive a copy of the judgment. The same document will be sent to the bailiffs' service, who will be involved in the collection. The bailiff will send a writ of execution to the defendant's place of work.
Step 6
Be sure to check the process of transferring the writ of execution. If the bailiffs did not take the necessary action within the time limit established by the law, you can write a complaint about them and send it by registered mail with acknowledgment of receipt. An appeal to the prosecutor's office is also possible.
Step 7
If the defendant does not pay alimony, citing income instability or lack of work, you can initiate a new case against him with a demand to change the order of payments and collect a penalty from the debtor for late payment of the due amounts. It is 0.5% of the assigned amount for each day of delay.
