What documents are needed to file for alimony: a complete list

Both parents are obliged to educate and support their underage children, but life circumstances sometimes develop in such a way that families break up. In this case, one of the parents, the one who takes responsibility for the children, can file an alimony in court or sign a payment agreement with the defendant. In different life situations, the procedure for handling a claim in court is different and requires the collection of a certain package of documents. It is worthwhile to consider in detail what documents are needed to file for alimony depending on the situation.

What documents are needed if the parents are married

It happens that parents are not yet divorced, but do not live together or simply do not have a common life. In this case, you can collect child support without divorce. Documents to be submitted:

• passport;
• Application to the court;
• Birth certificates of children or their passports;
• Certificate of family composition;
• Receipt of payment of state duty;
• An extract from the bank with the account number;
• Marriage certificate.

With this package of documents, you need to apply to a magistrate at the place of residence of the defendant. In this case, the court will take the side of the plaintiff and oblige the defendant to take a direct part in the maintenance of the children.

If there is no certificate of marriage, you can take a second marriage in the registry office, this is not an excuse to refuse payments. Just as in the case when the spouses live together, because in the certificate of the composition of the family this fact will be indicated, it is enough to involve witnesses in the trial. It is very important here not only to take into account what documents are needed for alimony, but also to confirm that the spouses are no longer conducting a joint farm.

After divorce

If the divorce has already been completed, then instead of the marriage certificate, you must provide a court decision or a document confirming this fact. In the first variant, the place of residence of the child is determined in the court ruling, accordingly, a certificate on the composition of the family is no longer needed.

It does not matter when the divorce occurred - the parent can collect the alimony when he considers it necessary. In some special cases, you need to know in advance about what documents you need to collect alimony . Because, for example, if a woman does not work for the reason that the child has not reached the age of three, then the husband is obliged to keep not only his offspring, but also the former spouse.

The deduction of payments begins not when the court takes place, but from the moment the application is submitted. In some cases, the court may recover the alimony retroactively, but more on this later.

Alimony and divorce at the same time

Quite a common situation, when divorce and alimony are formalized simultaneously. What documents are needed for alimony in this case:

• statement of claim;
• passport;
• Certificates of marriage and the birth of children;
• A document confirming the right to housing;
• Certificate of income;
• Payment of state duty ;
• An extract from the bank, confirming the account number.

Thus, in the courtroom of the court, the spouses can terminate the marriage, determine the place of residence of the child and find out the size and order of payment of alimony appointed by the court.

If the child is more than 18 years old

Even adult children need material support sometimes. If after 18 years the child can not provide for himself due to disability or his income does not reach the subsistence minimum, then alimony must be paid, but only if they are renewed in court.

What documents are needed to file for alimony in court after the age of the child:

• Passport of the plaintiff (if the child is legally capable, he can apply independently);
• The birth certificate of the child;
• statement;
• Confirmation of incapacity for work of the child;
• Certificates of the child's income, benefits, pensions;
• State fee.

Now it is worth explaining: despite the fact that the citizen is already 18 years old and he has a passport, the court must provide a birth certificate, because it spelled out the fatherhood of the defendant. If the child is studying at a university and he needs money for training, the claim will be refused, because he can go to work and provide for himself.

If the child is a disabled person of the first or second group, it is necessary to specify which documents for alimony are to be prepared as evidence of this fact, for example, a medical certificate. If the child and his mother work, but their total income does not reach the subsistence minimum, this can also be the basis for continuing payments.

Alimony for the past period

For the mother of the child, who brings him up alone, the right to collect alimony for the past period remains. This is the case if the couple did not live together and payments were not received within a certain time. But according to the legislation, it is possible to collect the alimony only for the last three years.

What documents are needed to apply for alimony retroactively? All the same as in previous cases, but only need to provide all the evidence, letters, records of telephone conversations, testimony of relatives, that over the past three years, the father of the children did not help or shied away from his obligations, for example, did not contact his ex-wife.

It is necessary to prepare all documents for filing for alimony and apply to the court, then the defendant will pay the debt for the last three years and current payments. And to supervise conscientious execution there will be a judicial officer, accordingly, if the debtor of obligations does not execute, will incur the responsibility.

Mutual agreement

Spouses can disperse peacefully and agree on the content of common children. But this fact needs to be legalized so that there will be no mutual claims. What documents are needed for alimony in this case:

• Parents' passports;
• Birth certificates of children;
• A certificate of wages for the previous 3 months.

It's not up to the court to appeal, but to the notary to assure the mutual agreement. Here, as alimony can be registered transfer of property in favor of your child, such as an apartment, then you should provide a certificate of ownership of the property.

Procedure for Appealing to the Court

So, in the world court at the place of residence of the defendant, you can file for alimony. What documents are needed - described earlier. In some cases, you can apply to a magistrate on your site if your father lives in another area, and your mother is difficult to reach with a small child.

Next, you need to correctly formulate a statement, a sample is not a problem. The main thing is to clearly state all the requirements. If the case is non-standard, then you need, in addition to the main list, to think what documents are needed to file for alimony, so that the claim was correctly framed. Perhaps you need additional information or documents, facts and evidence, witnesses.

Also, the application should specify the amount of payments that the defendant is obligated to give and in what order. For example, the percentage of wages or a specified amount, if the former spouse does not work officially or is an IP.

Repeated treatment

If the defendant, after the court ordered him to pay alimony, evades his debt, then it is possible and necessary to take action. First, you need to contact the bailiff service with a court decision on divorce. And he should be engaged in recovery independently, that is, to arrest his property and bank accounts. If the debt is more than 6 months and he does not work anywhere and does not own property, then it is possible to start a criminal case against him.

If he works and has property, then you can apply again to the court to recover from him the main debt and penalties. Documents for filing for alimony remain the same. But it is still important to confirm that payments were not made, for this testimonies of relatives, bank statements are suitable.

Conclusion

In spite of the fact that the legislation applies equally throughout the whole territory of our country, it is necessary to specify in addition which documents are needed to file for alimony in this or that case. Situations in each family are different, there are many nuances for each individual, so consulting with a lawyer will not be an extra event.