Under Russian law, the rights and obligations of parents in relation to children do not change depending on whether the mother and father are married. Therefore, you have the right to collect child support from your common-law husband.
Instructions
Step 1
Prove the paternity of your common-law spouse. If he voluntarily agreed to include his name on the birth certificate, no additional confirmation is required. In the event that the birth certificate contains a dash instead of the father's name, or the document has not yet been issued, go to court for recognition of paternity. It is possible that a genetic examination will be needed. The claim should be filed with the district court at the place of residence of the defendant, that is, the alleged father. If your common-law husband is recognized as a father through the court, reissue the child's birth certificate so that the father is indicated on it.
Step 2
Try to negotiate the amount of child support. They must be at least 25% of income for one child, 33% for two and 50% for three or more children together. If you come to an agreement with your common-law spouse, draw up an agreement, sign it and have it certified by a notary. It will have the same degree of legitimacy as a court decision.
Step 3
File a support claim with the district court. If you wish, you can indicate in it in what form you want to receive alimony - as a percentage of your spouse's earnings or as a fixed amount. Attach a copy of the child's birth certificate and an extract from the house register to the claim, according to which the child must be registered in the same house as you. Also pay a state fee of one hundred rubles for the consideration of your claim.
Step 4
Be prepared for the fact that the husband may file a counterclaim to determine the child's place of residence. However, in most cases, custody is given to the mother. Only from the age of ten, the opinion of the child can also be taken into account by the judge.
Step 5
If you disagree with the court's decision on the amount of the child support awarded, file an application to appeal the decision to a higher court.
