You will need
- -statement of claim;
- -a copy of the claim for each of the trial participants;
- -copy of certificate of marriage;
- -copy of certificate of divorce;
- -copy of birth certificate of children;
- -certificate of employment of the defendant on the wage;
- -certificate from the passport office about the finding of the child a dependent of the claimant.
Refer to the experts who spetsializiruyutsya in matters of family relations. The lawyers constitute the statement about collecting of the alimony from the former spouse, as well as represent your interests in court.
Deciding to write your own statement to the court, you should take into account all the nuances that may arise in the future in order not to lose in money, if the former spouse change jobs, residence, or he will change the form of earnings.
Statement of alimony you must write on a sheet of A4 paper. To begin complete the "hat" claim.
In the upper right corner, specify the name of the court and the address where is located the court. If statement to write to a magistrate, specify the name and number of the judicial district.
Below, write your surname, name, patronymic and passport details. Be sure to include the address of their residence.
Write the details of your former spouse, namely his surname, name, patronymic, registration address and actual place of residence, if known.
In the text of the statement of claim write to someone asking to collect child support, enter the date of registration of your marriage with your spouse and the period in which you worked with him on a farm. If the spouse you divorced, then you should specify the date of divorce. Note in the statement how many children you have from joint marriage, their date of birth and surname, name, patronymic.
Further Express in writing the request for recovery in your favor of alimony in the amount which will be calculated from all types of income of the defendant, since the date when you filed a lawsuit.
Following is a list of all documents that you attach to your statement of claim. Put the date and your signature with details.
Serves prepared statement in court. Within five days of receipt of your claim in court, the judge must make a determination that will be the basis for instituting a civil process against your ex-spouse.
How to fill out an application you can see in the court at the information booth, where samples of all claims.
Advice 2 : 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.
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.
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).
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.
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.