Samples of statements of claim for alimony. Legal counseling in family law

In our article, samples of lawsuits for alimony will be presented to readers. We'll figure out what kind of pecuniary penalties we are talking about, for whatever reasons, you can sue for appointments, where and in what order to apply for the implementation of the idea.

The fact is that the Russian legislation will help to sort out this issue. Lawyers and the judiciary very often face alimony obligations. And they can explain how to properly submit a statement of claim in the prescribed form in this or that case. So what should the public know about the question? And how do the samples of claims for alimony look? All this will be discussed later.

Alimony is ...

First of all, it is necessary to realize what payment is involved. Understanding will help you to understand under what circumstances you can go to court. Alimony is material wealth that is given by one person to the content of another. As practice shows, this term applies to relatives.

Alimony can be assigned:

• In marriage to a disabled spouse;
• On children in marriage;
• On the wife and underage children with officially registered relations;
• On parents (disabled);
• On the maintenance of underage children in common with the dissolution of relations.

Modern lawyers point out that in recent years, very often mothers are filed for child support and for themselves in marriage. A able-bodied husband refuses to support a wife caring for a common child. And this is the reason for applying to the court.

Where to go

The next question that interests many is where to go for the purpose of payments. You can arrange a settlement agreement with a lawyer. But it, as practice shows, does not give any guarantees to the vulnerable party-recipient. Therefore, any free lawyer or person with a legal education will advise to apply immediately to the court.

In Russia, there are many different judicial bodies. Which are suitable for consideration of issues related to maintenance? The applicant citizen must send his application to the world court at his place of residence. Better - on the basis of the defendant's residence permit. Accordingly, only the magistrate examines alimony disputes. The court for maintenance in these bodies is a normal process.

What else is required to know about the purpose of payments for maintenance? And how correctly to file a statement of claim in this or that case?

Expression of alimony

The fact is that alimony is, as already mentioned, material wealth. They can be expressed not only in money. And every citizen should know about this. Usually, alimony means monthly payments in various sizes. But it is possible to express alimony in the form:

• A one-time or just a multiple large payout;
• Property;
• Real estate, rewritten to the recipient;
• Other material benefits that will be given to the recipient.

Legal advice on family law quite often indicates that people are more interested in money, as well as real estate. If it is a question of payments to a minor, the parents often rewrite apartments and other things for a common child. This step removes maintenance obligations. But most often the plaintiff still requires monthly payments in various sizes.

Amount of alimony

Cash benefits for maintenance can be assigned in several ways. The first is a fixed sum of money. Regardless of the payer's income, he will have to transfer monthly the set amount of money within the agreed time. In practice, this approach occurs when the payer has no formal employment or a permanent source of profit.

Most often, alimony is assigned as a percentage of wages. The size depends directly on the number of recipients. If a citizen thinks about how to file child support against children as a percentage of earnings, he should understand that there are restrictions on payments. The amount due to payment can not be:

• Less than 25% with 1 child;
• Less than 33%, if the children are two (16.5% per person);
• Less than 50% when underage children are more than 2.

In some situations, interest payments may increase or decrease, under certain circumstances. Is it possible to somehow not pay these funds?

Can I not pay alimony

What do knowledgeable people think about this? A free lawyer, as well as giving paid consultations, will necessarily say that the citizen who was sued will not be able to evade payment of alimony. After all, responsibility for the content is not removed in Russia by law.

Some people think that lack of work is a good reason for avoiding duties. Not at all. Then the alimony is appointed in a firm amount. They will be collected even with allowances. The claim for child support for a child or another member of the family will still satisfy. Maybe not in full, but you need to pay.

But you can reduce the amount of alimony. Such, as lawyers say, is possible in the following cases:

• After payments from a citizen, the material situation deteriorates sharply (in practice it is rare);
• At the birth of another child;
• If the payer is disabled.

There are no more legitimate ways to reduce the amount of payments. The deviators will be deprived of their driving license and the ability to travel outside the country. In any case, you will have to pay alimony.

Procedure for Appealing to the Court

A sample of the claim in the court for alimony will be presented later. First and foremost, it is necessary to understand how to apply to a judicial body with a suit of the established pattern. After all, without this, it will not be possible to collect alimony from a citizen in one way or another.

Fortunately, the order of treatment is extremely simple. It is necessary to adhere to the following algorithm of actions:

1. Follow the established rules to write a lawsuit. How to correctly formulate a statement of claim, will be discussed further.
2. Collect the list of documents required to satisfy the appeal to the judicial authority.
3. Submit a statement of claim with a set of certified securities to the world court (consideration is given within 5 working days).
4. At the appointed time, the parties meet at the court session to examine the case materials and make a final judgment.

Nothing more is required. After receiving the court decision, it will be possible to collect alimony from the citizen formally according to the established rules. Appeal, as a rule, the claim is not subject. It has already been said - under certain circumstances it is possible to file a counter-claim for a reduction in payments. But nothing more.

Writing rules

And how to draw up a suit? What rules should be used to ensure that the application was written competently? In fact, everything is very simple. How to file for child support? And on incapable parents? Regardless of the nature of the claim, it is required:

1. In the right upper corner of the page write information about the court, in which the citizen applies. There also information about the plaintiff and the defendant, as well as contacts for communication with them.
2. In the center of the sheet they write: "A claim for alimony ....". On-site dots - for whom in a particular case will be intended payments.
3. Further - the main part. It requires you to state the essence of the appeal, the terms of payment and other circumstances that may affect the course of the case.
4. If there are witnesses or evidence of any actions - it is listed after the main part of the statement of claim.
5. The appeal is completed by stating the date of filing the claim and the signature of the applicant (it is also advisable to deliver it).

As you can see, in fact everything is much simpler than it seems. In a similar way, many statements are made, not just suits.

About documents

How to file for child support? And anyway, on alimony? It has already been said that for this it is necessary to collect certain documents. Which ones specifically? It all depends on the situation. But most often require:

• Identity card of the applicant;
• Lawsuit with detailed requirements;
• Documents of kinship with the payer (certificate of marriage / divorce / birth);
• Certificates of income (for disabled parents);
• Account details and extracts from it;
• Any documents that may affect the case.

Next, samples of claims for alimony will be submitted.

On the parents

To begin with, a claim template for alimony for parents. Not so often, but such statements are found. You can follow such a scheme of actions:

"I, Ivanov Ivan Ivanovich, (data from the passport), Ivan Ivanov's father, (information about the child), I ask you to assign alimony for the maintenance of me and my disabled wife, Ivanova Marina Dmitrievna, (information about the citizen.) Our common son refuses to support us At the moment, my wife and I are disabled pensioners, disabled persons of Group 3. Both of us do not work, we get pensions. Please make monthly payments of 10,000 rubles. "Income statements are attached to this application."

On the child

Samples of claims for alimony may be different. The fact is that most often there are lawsuits for the recovery of children. For example, they look like this:

"I ask you to collect from my ex-husband, Kemerov Kirill Petrovich, (passport data if possible) for the maintenance of our common child, Kemerov Makar Kirillovich, (data on the baby) at a rate of 25% of earnings monthly. At the moment, my father and I are divorced He regularly comes to the child, but evades voluntary payment of alimony.The evidence is attached to this statement.Charil Petrovich, our common acquaintance, neighbor, Marina Ivanovna, who lives at (address and contact), can confirm our regular visits " .

Married

Sometimes, as already mentioned, you have to file for alimony and marriage. Then you can guide the following example:

"I ask you to collect alimony from my husband, Ivanov Ivanovich for the maintenance of me, the official wife, Ivanova Anna Vasilyevna, and our common minor child, Ivanova Maria Ivanovna, in the amount of monthly payments of 15 000. In connection with the birth of a child, I am in a state of incapacity And I take care of the baby.The only source of income is my husband, the father of the child.It refuses to keep us, using my position.The proofs of the refusals and the income of the husband are attached to this suit. "

This is how the sample of the claim in the court for alimony looks like. There is nothing difficult in compiling it.