Turning to judicial bodies with the claim about collecting of the alimony it is important to determine the appropriate jurisdiction of the case. If the Complainant chooses the wrong judicial body, the claim can be returned to the jurisdiction of a particular case to this court. In the process of selecting a particular court, it is important to determine not only the level in the judicial system of the Russian Federation, and territorial jurisdiction. Each court receives and considers requirements to persons living strictly on a certain area (usually in a specific locality, administrative area or judicial district). This definition of territorial jurisdiction linked to the place of residence of the defendant, though from this rule there are exceptions.
Cases on child support in its legal nature belong to the disputes arising from family relationships. Such disputes civil procedure law attributes to the jurisdiction of justices of the peace, and the size requirements in this case has no legal significance. World courts handle all family law cases, except cases of definition of paternity, deprivation or restriction of parental rights, annulment of marriage. It does not apply to civil disputes set a limit of fifty thousand rubles, after which the matter becomes the jurisdiction of the district court because in this case we are talking about a family legal dispute.
The General rule determining the territorial jurisdiction is the need of bringing a lawsuit in the court located in the domicile of the defendant. In other words, the applicant of the requirement about collecting of the alimony, which is usually the child's mother, must find a new place of residence of the debtor and to determine which judicial district is the appropriate address. But the specifics of such cases is that the payer of alimony is often hidden from obligations to their children, change jobs and place of residence. Therefore, the procedural legislation provides for such disputes, the exception of the plaintiff's right to file a claim in the court of the place of residence. The place of residence means the address of official registration (in accordance with the stamp in the passport).
How to determine the level of the court allowing alimony disputes?
Cases on child support in its legal nature belong to the disputes arising from family relationships. Such disputes civil procedure law attributes to the jurisdiction of justices of the peace, and the size requirements in this case has no legal significance. World courts handle all family law cases, except cases of definition of paternity, deprivation or restriction of parental rights, annulment of marriage. It does not apply to civil disputes set a limit of fifty thousand rubles, after which the matter becomes the jurisdiction of the district court because in this case we are talking about a family legal dispute.
How to determine territorial jurisdiction when applying for alimony?
The General rule determining the territorial jurisdiction is the need of bringing a lawsuit in the court located in the domicile of the defendant. In other words, the applicant of the requirement about collecting of the alimony, which is usually the child's mother, must find a new place of residence of the debtor and to determine which judicial district is the appropriate address. But the specifics of such cases is that the payer of alimony is often hidden from obligations to their children, change jobs and place of residence. Therefore, the procedural legislation provides for such disputes, the exception of the plaintiff's right to file a claim in the court of the place of residence. The place of residence means the address of official registration (in accordance with the stamp in the passport).