By EasyHow

In which case you can apply for child support

Maintenance – is a common practice in the case when the child's parents for any reason do not live together. It is accompanied by a number of legal points that you need to know.

In which case you can apply for child support
How to write a letter for child support
How to write an application to the court for child support
How to apply for child support

You will need

- passport;
- marriage certificate or divorce;
- copy of marriage certificate or divorce;
- birth certificate of the child;
- copy of birth certificate of the child;
- application (example);
- a copy of the application;
- a certificate from housing Department about registration of the child.

Instruction

The right to alimony provided after the child's birth and until adulthood (18 years). After this period it is possible to recover child support arrears for previous years, if any, was formed. The question of the repayment of debt raised by the court, over a three-year term, or regardless of the time of payment, if the debtor wanted.

The claim for alimony is entitled to apply one of the parents, adoptive parent (if he is one), Trustee, or guardian (or guardianship and guardianship body) and the administration of the institution which takes care of a child. Legally, it is considered that the waiver of alimony – an action contrary to the interests of the child, and the adoption of measures to obtain them – the duty of a conscientious parent or the person replacing him.

The amount of alimony determined by the court. Their calculation is performed after tax, monthly wages and other income (allowances, bonuses, stipends, income from business, etc.). In the case of a payer in a correctional or medical institution, or in the case of forced him to hard labor, alimony is paid from all pay, excluding deductions for the maintenance in such an institution and deductions set by the court. The amount of payments of the judgment can be improved (if the salary payer is low, and the standard calculation of child support does not cover the needs of the child) or reduced (in the opposite case).

The right to alimony after eighteen years are children with disabilities or in need of financial assistance. Parents must ensure that these children regardless of whether they themselves have sufficient funds for the payment of alimony. In exceptional cases (severe illness, injury) in a judicial order it is possible to recover additional funds for the maintenance of the child.

The claim can be submitted at the place of residence of the plaintiff and the defendant. Stamp duty not paid. If the place of residence of the defendant is unknown, the judge announces his search through bodies of internal Affairs, and the parent can contact the social security authorities demanding payment of the increased monthly benefits. To a claim enclose a copy of (the number of participating entities) and proof of income of both parties. Alimony is awarded from the date of submission of the claim, and in the case of establishing the fact of evasion of the Respondent from the payment earlier, may be charged the corresponding amounts for the previous period (not more than three years).

Note

There are cases when the courts may not give a claim of course, referring to the fact that copies of documents are not notarized. Legally this is not required: at the initial meeting, the plaintiff offered the court the original documents, and the judge has the right to certify copies.

Useful advice

Most likely the income statement of the defendant to retrieve will fail. In this case, you must specify in the statement that the place of work of the defendant is unknown, and gathering information, will the court.