Recently, almost every fourthmarried couple divorced. In most cases the child remains to live with the mother, and in half the cases for various reasons the father refuses to participate in its maintenance. But the Family Code of Russia (Article 80) states that the main duty of parents is to keep their children until they reach adulthood. This is what is the basis for the legislative framework, which is aimed at recovery of alimony.
There are several ways to get alimonyon children. The first is a "peace" agreement between the parents, which must necessarily be certified by a notary. The second method is used when the father (sometimes the mother) does not want to pay for the maintenance of the child. In this case, the mother can apply to the court to file an application for alimony. As practice shows, the second variant of solving this problem in our country is more in demand. In addition to the mother, the application for recovery of alimony can be submitted by:
Also, an application for alimony may be filed by the administration of that institution (in most cases - an orphanage) in which the child is brought up.
The application to the court for alimony must contain the name of the court in which it will be considered, and all the plaintiff's passport details (full name, residential address, address of the place of real residence).
Documents required when applying to the court:
After a positive decision in the direction of the plaintiff withdefendant is charged not less than the fourth part of his official earnings per child, a third - for two, and half the amount for three children or more. It will be shared among all children equally.
Sometimes an alimony can be collectedunder the simplified form on the basis of the judicial order. For this purpose, the application for alimony must be submitted to the world court. Detailed samples of his writing are in the same place. According to the applied and studied materials, the magistrate will make a ruling that the defendant is now obliged to pay alimony. In the event that he (the defendant) does not agree with the court order, the order is canceled, with all subsequent claims being considered in a civil court.
The time from which money will be accruedpayments, should coincide with the time when the application for alimony will be filed. Over the past time, the recovery of alimony will be carried out only in the last three years. And this will be possible only if the court finds out that before the appeal to him, attempts were made to obtain these funds.