Alimony is a cash payment made by one of the parents to support their child. At the same time, it does not matter whether you are married or not, live together or separately, the main thing is that this is your child and you are obliged to financially help him until he comes of age.
It is necessary
- - passport and its copy
- - birth certificate of the child and its copy
- - an extract from the house book about living together with the child
- - application for the recovery of alimony
Instructions
Step 1
According to the Family Code of the Russian Federation, parents are obliged to support their child under 18 years of age. And they should do this equally, regardless of their relationship with each other. If it is not possible to come to a peaceful agreement on material assistance, then the issue can be resolved with the help of an official filing for alimony. This is done through the magistrate's court at the place of residence of either the defendant or the plaintiff.
Step 2
To be able to file for child support, you need an official confirmation of the relationship with the child. Such a document is a birth certificate with completed lines about parents. If the parents were not in a registered marriage at the time the baby was born, then two of them must come to the registry office, and the father must recognize the child. If he did not appear, and in the column "father" a person is recorded according to the mother's words - this circumstance must be indicated, then this is not an official proof of paternity. In this case, it is also necessary to obtain confirmation of this through the magistrate's court, and only then to collect alimony, you can do this at the same time.
Step 3
If a man categorically refuses to recognize the child, then you can oblige him to do a DNA examination through the court. Of course, no one can force him to do this, but in case of refusal, this will be considered one of the proofs of paternity. It is also worth providing all possible evidence of acquaintance and relationship: it can be testimony of witnesses (relatives, friends), photographs, payment documents, etc. After all these actions, the case is heard, and the judge decides on the recognition of paternity. If you are not satisfied with the decision, you can appeal it and reapply.
Step 4
If there are no problems with the recognition of paternity, the issue of collecting alimony is solved quite simply. It is necessary to submit a number of documents to the magistrate's court: your passport and its copy, the child's birth certificate and its copy, an extract from the house book confirming that the child lives with the plaintiff, and also write a statement - the form is provided in the court itself. You are assigned a date and time for your hearing, and the defendant is summoned. The application must indicate how you would like to receive support, either as a share of official income or at a flat rate. The latter option is most convenient when the defendant does not work or his salary is very low. You can provide proof of income yourself, or the court makes a request at the place of work.
Step 5
If everything ends peacefully, then after that payments will begin until the child reaches the age of majority. If the defendant evades alimony, then a statement of claim is written and the bailiffs deal with the issue. Perhaps it will be appointed for the money to be automatically deducted by the employer in accordance with the decision of the judge. If the defendant constantly does not pay alimony or does it in a smaller amount without serious reasons, then it is possible to bring him to criminal responsibility, deprivation of parental rights (but with the preservation of mandatory payments).
