Sample application for child alimony

Sample application for child alimony

Family legislation of the Russian Federation enshrines the norm about the care and protection of all minor children. Of course, living in a complete happy family, a child is rarely offended. However, in the event of a marriage termination, the question of alimony often arises, although the law provides for the global agreement on the content of children. When the compromise was not independently found, one of the parents have to contact judicial assistance. Consider a sample of the application, the flow of which allows you to recover the alimony into a compulsory.



1
Aliminal dispute settlement options

As a rule, the family decay process in the material plan negatively affects women. Therefore, most often they are assessed by the appropriate authorities to submit to alimony. According to family law standards there are several options for resolving this issue:

  1. Conclude a settlement agreement ( chapter 16 of the RF IC). At the same time, there is no need for a judicial protection of one of the parents. The parties independently draw up such a contract. The main thing is notarized.
  2. To recover alimony in an ordinary order. This method is considered simplified due to the efficiency of its implementation.
  3. By trial. In this case, do not do without applying for a claim.

Let us dwell on the last two options, as well as on the statements necessary for their implementation.



2
Order order

This method of resolving aliminal disputes is justified if the second party agrees with the requirements submitted and does not interfere with it. In this case, civil procedural legislation ( art. 121-130) Provides the possibility of obtaining a court order, bypassing the proceedings in court. The size of the alimony is determined article 81 of the RF RF. To implement a simplified procedure, apply for a plot of world judge at your place of residence or the responsibilities. The form and content of such a document determines art. 124 GPK. In the petition, reflect such information:

  • In the header, place the name of the magistrate, personal data of the applicant and the debtor, as well as the address and place of their work.
  • Below the name of the document describe the requirements of the recoverer, as well as present the basis and evidence.
  • Finally, specify the list of attached documents. Put the date and signature.

Make an application for the issuance of a court order at the following sample.

Typical application for issuing a judicial order about alimony here.

Sample application for the issuance of a judicial order about alimony here.

3
Related petitions

Very often simultaneously with the above statement for consideration by the magistrate, such petitions are submitted:

  1. The petition of the in need of a parent about the search for the debtor, when the location of the latter is unknown.
  2. Application for recovery from the employer and bodies of the Pension Fund of documents confirming the parent's income refusing to pay alimony for content.
  3. Document for recovery from the defendant money spent plaintiff to pay for legal services.

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4
The procedure for the claim

If the decoration of the alimony is accompanied by other requirements (the establishment / challenge of paternity, the appointment of a fixed size of alimony, etc.), without a trial not to do. In addition, the preparation of an application for alimony is required in the event that the defendant has provided a written objection to the court order within 10 days. When drawing up a claim, follow article 131 GPK And specify the following information:

  • The name of the court indicating the name of the judge.
  • Personal data of the plaintiff and the defendant (full name and address).
  • Displaying a controversial situation, the presentation of the claims of the interested party, relying on the relevant articles of family and civil procedural codes.
  • Evidence and facts that are the basis for alimony.
  • Price claim.
  • The list of accompanying documents and its own signature of the plaintiff.

Come on the model sample proposed below. The plaintiff is entitled at the same time as a statement to apply for the recovery of aliminal debt in the three previous years.

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It is necessary to add that the legislation set up a monthly term to ensure that the decision on the statement of claim entered into force. During the specified period, any of the parties has the right to appeal in the appeal.

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