Samples of claims for child support. Legal advice on family law

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2018-03-17 15:40:25

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In our article readers will be presented samples of claims for child support. We understand, of any monetary sanctions in question, for what reasons can apply to the court for the purpose of payment, where and in what order to apply for an idea embodiment in life.

The fact that to understand this question will help set the Russian legislation. Lawyers and the judiciary are very often faced with maintenance obligations. And they can explain how to file a claim application form in a particular case. So the public needs to know about the question? Are samples of claims for alimony? All this will be explained later.

Child support is...

You first need to understand what kind of payment it is. Understanding will help to understand the circumstances under which you can apply to the court. Child support is a tangible good, which are issued by one person on the contents of another. As practice shows, the use of this term with regard to relatives.samples of claims for child support

Alimony can be assigned:

  • Married to a disabled spouse;
  • Children in a marriage;
  • The wife and minor children when legally registered relationship;
  • Parents (of disabled);
  • For support of minor children upon termination of the relationship.

Modern lawyers indicate that in recent years very often the mother serves the child support and on my marriage. Working husband refuses to support his wife, caring for a common child. And this is the reason for the appeal a statement in court.

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Where to go

The Next question many are asking is where to go to assign payments. You can arrange a settlement agreement with a lawyer. But, as practice shows, makes no warranties vulnerable side to the recipient. Therefore, any free lawyer or a person with a legal background advise you to apply immediately to the court.

In Russia, there are many diverse judiciary. Which are suitable for addressing issues related to child support? The applicant should direct their appeal to the world court at the place of their residence. Better - at the residence of the defendant. Accordingly, only the magistrate considers alimony disputes. The court in the alimony of these bodies is the usual process.

What else you need to know about the purpose of the maintenance payments? And how to file a claim in a particular case?

how to file for child support

Expression of alimony

The fact that child support is, as already mentioned, material goods. They may involve not only money. And should be known to every citizen. Usually, the mean monthly child support payments in different sizes. But perhaps the expression of alimony in the form:

  • Just a one-time or repeated large payments;
  • Property management;
  • Real estate, transferred to the recipient;
  • Other material goods that will be given to the recipient.

Legal Advice on family law quite often indicate that people are more interested in money and real estate. If we are talking about payments to minors, the parents often rewriting apartments and other property for their common child. This step removes maintenance obligations. But most often, the plaintiff still requires the monthly payments of various sizes.

Amount of alimony

Cash benefits for the maintenance may be administered in several ways. The first is a firm sum of money. Regardless of the income of the payer, it shall within a specified period to transfer monthly a set amount of money. In practice, this approach occurs when the payer does not have formal employment or a permanent source of income.sample statement of claim to court for child support

Most Often, alimony is assigned in the form of a percentage of wages. Size depends directly on the number of recipients. If a person is wondering how to file for child support as a percentage of earnings, it needs to understand that there are limitations on payments. The amount of money deposited to be paid, may not be:

  • Less than 25% if there is 1 child;
  • Less than 33%, if two children (16.5% each);
  • Less than 50% when minor children greater than 2.

In some situations, the interest payments can increase or decrease under certain circumstances. And is it possible not to pay these funds?

Can not to pay child support

What do you think about the people in the know? Free lawyer, as well as giving paid advice, be sure to say that the citizen who brought the suit, will not be able to avoid paying child support. Because responsibility for the contents is not cleared in Russia by law.

Some people think that lack of work is a good excuse for evading responsibilities. Not at all. Then child support is prescribed in a fixed amount. They will be charged even with benefits. A claim for child support or other family member will still satisfy. Maybe not fully, but you need to pay.

free lawyer

But it is possible to reduce the amount of alimony. Such as the lawyers say, it is possible in the following cases:

  • After paying citizen's rapidly deteriorating financial situation (in practice rare);
  • When the birth of another child;
  • If the payer is invalid.

No More legitimate ways to reduce scheduled payments. Evaders will be deprived of a driver's license and ability to travel outside the country. In any case, to pay alimony will have.

Order to court

Sample statement of claim to court for child support will be presented later. First and foremost, you need to understand how to address the courts with the claim of the established sample. After all, without it does not work to charge the citizen a alimony in different sizes.

Fortunately, the procedure for applying is extremely simple. Must adhere to the following sequence of actions:

  1. Follows the established rules to write the claim. How competently to make a claim, will be explained later.
  2. Collect the list of documents required to meet appeal to a judicial body.
  3. File a claim with the package of securities of the established sample to the magistrates ' court (pending appeal within 5 working days).
  4. At the appointed time the parties meet in the hearing to study the case files and final adjudication.

Nothing More is required. After receiving the court decision can be formally according to established rules to collect from the citizen alimony. To appeal, as a rule, the action can not be. Has been said - under certain circumstances you can file a counter-statement to reduce payments. But no more.

the court of alimony

Rules for writing

And how to make a claim? What are the rules you must use to ensure that the application was written correctly? It is actually very simple. How to file for child support? And disabled parents? Regardless of the nature of the claim, required:

  1. In the upper right corner of the page to write the data of the court which refers the citizen. There's also specify information about the plaintiff and the defendant, as well as contacts to communicate with them.
  2. In the center of the sheet write: "a Petition for the appointment of child support....". In place of the dot for who will be intended payment.
  3. Next is the main part. It is necessary to outline the essence of the treatment, conditions of payment and other circumstances which may affect the progress of the case.
  4. If you have witnesses or proof of certain actions - it is listed after the main part of the statement of claim.
  5. Completes the treatment of the indication of the date of filing and the signature of the applicant (the transcript is also desirable to put).

As you can see, it is actually much easier than it sounds. A similar scheme drawn up a statement not only claims.

the claim for alimony

Documents

How to file for child support? Anyway, for alimony? Has been said that it is necessary to collect certain documents. What exactly? All depends on the situation. But most require:

  • The ID of the applicant;
  • The claim with detailed requirements;
  • Documents the relationship with the payer (the certificate on marriage/divorce/birth);
  • Income certificate (for disabled parents);
  • Account details and extracts from it;
  • Any documents that may affect the business.

Next will be presented samples of claims for child support.

Parents

For starters, the template of claim for child maintenance for parents. Not so often, but such statements occur. You can follow the same scheme of actions:

"I, Ivanov Ivan Ivanovich, (passport data), the father of Ivanov Mikhail Ivanovich, (information about the child), please give alimony to support me and my disabled wife, Ivanova Marina Dmitrievna, (to civilian life). Our son refuses to contain us. In this...






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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