Who is eligible for alimony
The legal basis for the appeal to judicial authorities for recovery of maintenance are Chapter 13 and 15 of the Family code. They are governed by such obligations that arise in relation to parents and children, former spouses, and other family members. These commitments, for example, are the adult brothers and sisters, left orphans in respect of their minor brothers and sisters, and grandparents against their grandchildren, who can't contain themselves. In most cases, alimony payments made in accordance with the agreement which is in writing and notarized. When such obligations are not fulfilled on a voluntary basis and there is no agreement between family members ' agreement on the payment of alimony, they may be recovered through the courts.
Which court to apply
In determining judicial facilities should be guided by article 23 of the Civil procedure code of the Russian Federation, according to which questions about a court order for alimony considered magistrates. If we are talking about minor children, except the cases, envisaged in article 122 of the code of civil procedure of the Russian Federation, when the application is filed simultaneously with the requirement about contest or establish paternity, and a statement on the deprivation or restriction of parental rights. In such cases, to consider the case of child support should the court of General jurisdiction, according to article 24 of the RF CPC.
Territorial jurisdiction of cases alimony is determined in accordance with article 28 of GPK of the Russian Federation. Under its provisions, a statement of the judicial order on recovery of alimony and the lawsuit should be filed in the court at the place of permanent residence of the defendant. However, according to the article 29 of civil procedure code of the Russian Federation, when the last place of residence of the defendant to the plaintiff unknown, forward these documents can where was the last place of residence of the defendant, about which plaintiff was aware. In the case where the plaintiff has no idea of the place of residence of the defendant, statement of claim or application for injunctive orders can be sent to the court, which is located at the place of residence of the person in whose favor the alimony shall be exacted.
When the debtor raises objections to a magistrate issued a court order, this order, in accordance with article 129 of the code of civil procedure of the Russian Federation may be repealed, but the requirement of alimony is considered in the order of action proceedings.
