The division of property and submission of an application for child support - a standard procedure, especially in the modern world. More rare is the situation when one of the parents is going to file for child support in marriage. Today we try to understand how and when this is carried out non-standard procedure.
Legislation and alimony
Law of the Russian Federation found that to obtain financial assistance from the other spouse in the official marriage can expect:
- common children who have not attained the age of eighteen;
- a woman during pregnancy and for three years after birth;
- disabled children with disabilities at any age;
- the spouse who is caring for a disabled child until the age of eighteen years of age (for invalids of the first group of life-long software provided).
The ideal solution would be to agree on the payment of alimony in a peaceful way. It's enough to register the contract at the notary. It will have legal validity.
judicial formalities
If the spouses can not agree among themselves, you can ask for help in the court issuing a declaration and documents. The difficulty may arise from the provision of evidence of the lack of financial assistance from the other spouse. It is desirable to find witnesses who will confirm the words of the plaintiff. the establishment of maintenance decides, the magistrate, guided by legislative acts: Family Code of the Russian Federation and Civil Procedure Code of the Russian Federation.
Documentation of action
The application for financial assistance to the Office of the spouse is made in two copies in a relatively free manner. However, it is required to indicate:
- the name and address magistrate Court;
- Name and details of the place of residence of the plaintiff and defendant;
- the essence of the requirements;
- evidence regarding the validity of the claims, and references to them;
- the required amount of money.
Of the plaintiff required documents:
- photocopies of all pages of internal passport;
- photocopy of birth certificates of children (joint);
- photocopy of the marriage certificate;
- help of family members;
- income statement both sides.
The amount to be raised for the maintenance of children or spouse must be justified, and therefore the calculation of this amount shall be referred to the judge in writing. The action may be served as a residence of the claimant and the place of residence of the respondent.
Download now:
A sample agreement on the payment of alimony in marriage;- Sample completed an agreement on the payment of alimony in marriage;
- Sample application for child support in a marriage;
- A sample of a completed application for child support in a marriage.
consideration of the application
To apply for child support in a marriage, it is required to pay the legal costs and expected within five working days. The court, if there is no dispute, usually hears the case and makes a decision on their own, without the presence of the parties. The judge also has the right to refuse to accept a claim in the event that:
- documents are not duly executed;
- submitted an incomplete list of documents, or no hard evidence on the right of the claimant to the claimed child support;
- the defendant lives abroad.
If the marriage is a civil, will first have to prove paternity and only after that to present material claims.
recover an amount
The amount of child support to be installed not only imposed on the claimant calculations, but also the defendant's opportunities. According to the legislation on the total amount of income he is obliged to pay 1/4 of one child, 1/3 for two children and 1/2 in three children (and more). However, even the absence of the official salary is not an obstacle for the judge. Help children will still be set.
Apply for child support in a marriage at any time until that is legitimate. For example, until the child reaches the age of eighteen years or until the end of the three-year period since the publication of women on maternity leave. Financial assistance is calculated from the date of filing a claim.
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