If a divorce occurs when the spouses have minor children, as a rule, the question arises of collecting alimony from the ex-husband. There are certain rules according to which these payments are made out.
Necessary
- - application to the court;
- - birth certificate of the child;
- - marriage certificate;
- - an extract from the house book;
- - receipt of payment of state duty, etc.
Instructions
Step 1
If you and your spouse have come to a mutual agreement on the issue of paying alimony for your common minor children, conclude an appropriate agreement. This document is drawn up in writing and must be certified by a notary, otherwise it will not be endowed with legal force.
Step 2
If you cannot agree on the procedure, conditions and amount of alimony payments, they will have to be collected from your ex-spouse in court. To do this, submit an appropriate application to the executive judicial authority located at your place of residence or the place of residence of the defendant (ex-spouse). A sample for writing an application will be given to you in court, or you can find it on the Internet. You can apply to the court in person or by sending an application by registered mail.
Step 3
Attach a set of the following documents to the application for the collection of alimony: a child's birth certificate, a marriage certificate, a receipt for payment of state fees, an extract from the house book. You may need other documents as well, depending on the specifics of your situation.
Step 4
According to the laws of the Family Code of the Russian Federation, a court order for the calculation of alimony is issued within five days after the receipt of the application by the court. Please note that litigation, like summoning the parties, is not required for this.
Step 5
Provided that the former spouse does not work anywhere, the bailiff will search for the debtor's personal property in order to satisfy the court's decision. Requests will be sent to the pension fund, BTI, Employment Center, traffic police, banking structures, etc. Both the movable and immovable property of your ex-spouse will not be left unattended.
Step 6
If alimony payments are systematically delayed, you can prosecute your ex-husband with the help of the same bailiff.
