Divorce brings many problems to a broken family.
The situation becomes more complicated if children suffer from divorce.
It is not often that men who are willing to voluntarily fulfill their parental obligations to children, often have to file a child for alimony in court.
In order to make alimony, you need to know some of the nuances of this procedure.
Package of documents
For registration of child support for the child you will need:
- a copy of the passport (spouse requiring alimony) -
- birth certificate (child) -
- certificate of marriage (divorce) -
- certificate from the place of residence of the second parent.
How to collect child support
Here there are 2 versions of documents that can be considered:
1) A notarized agreement between bothSpouses. In this case, passports of spouses will be required - a certificate of marriage (divorce) - a birth certificate of the child and an agreement signed by both (mandatory in the presence of a notary).
2) A mother may file a claim in court for recoveryAlimony with the father of the child. In order to file a claim, you need a passport-a certificate of marriage (divorce) - a birth certificate for a child-an application for the recovery of items (executed in accordance with all rules).
Where to turn?
With the preparation of the necessary package of documents to youYou need to contact the notary office to certify copies of the original. Then you should file a claim with the local courts. After examination, the judge will decide on the amount of payments of alimony and the procedure for obtaining them.
The procedure for payment of alimony is detailed in section V of the Family Code of the Russian Federation. This clause depends on the basis of what document is the process of paying alimony.
If this is a notarized agreement, thenThe spouses themselves choose the amount of alimony and the frequency of their payment. In case of non-observance of the contract, the injured party can apply to a notary and be able to go to court.
If this is a court order or a writ of executionOn recovery of alimony, their payment is more complicated. In case of refusal from voluntary payment of alimony, the instruction is sent to the work of the defaulter, where management and accounting will independently calculate this amount from the wages of a negligent spouse. Payments in this case are made monthly.
In the case if the defaulter does not work anywhere,The relevant authorities begin to check all movable and immovable property, so they will not be able to hide behind the lack of money - they will force them to sell. It should be understood that if a person evades payment of alimony intentionally, then he can avoid confiscation, referring to the fact that the property is in use, and not in possession.