Family Code stipulated alimony as a fixed sum.
But to collect them only under certain conditions.
The court takes into account the financial and marital status of both parties.
Parents must support their children tothe onset of adulthood. Alimony can be collected in a fraction of the earnings, and the fixed amount. In a first embodiment, enough to file a statement of the magistrate issuing the injunction, and after 3 days to get the executive document. In the second case it is necessary to go through all stages of civil process, from receipt of the application to the court decision and the issuance of a writ of execution. The term of consideration of the case will be 1 month. And still the same decision will enter into force.
Grounds for recovery
The law clearly stipulates the conditions under which the maintenance may be levied at a fixed rate of:
- The absence of a voluntary agreement on child support (meaning its notarization)
- Unstable or frequently changing salary,
- The availability of income received in foreign currency or in kind (fully or partially)
- The absence of earnings,
- Other cases when shares recover or difficult it violates the interests of the child and his situation worsens.
In the presence of one or more bases, withwhere you can collect the material content of a fixed amount, you need to make a claim. As a rule, every court has the world such claims patterns.
The application must meet the requirements of the Russian Code of Civil Procedure and shall contain:
- Address and court plot number,
- Personal data concerning the parties,
- Being declared requirements, including data on children, and the reasons for the recovery of maintenance,
- In the part of petition - a request to the court about the lawsuit and the desired amount of pay.
By the claim should be attached documents: a marriage certificate or divorce documents on the birth of children, information on the place of residence of children (reference), information about the claimant's income. If possible, you can provide evidence to the type and amount of income of the respondent.
One of the requirements of the law: the recovery of maintenance in such an amount that would keep the child a decent standard of living.
But do not despair, if such documents are missing. Taking a suit to the production, the judge is required to destroy them from the opposite side.
The state duty when filing claims for alimony is not paid by the plaintiff.
Sometimes a parent receives a salary "in envelopes"declaring a small official income. Meanwhile, at a small salary from the defendant may be in the ownership of expensive assets: car, home, apartment, land. Preparing a lawsuit, you must be aware of these factors and to report them to the court.
The court will verify the plaintiff's arguments and, if theyconfirmed, can infer the presence of additional income from the defendant, which he does not wish to disclose. The judge will take into account the facts and make a positive decision.
The amount of maintenance should be given in the amount of the minimum wage (SMIC): 2 times the minimum wage, minimum wage, etc. 4 When the increased minimum wage, along with it indexed and alimony.
The lawsuit was filed in the number of persons involved in the case. To it is necessary to prepare the same number of photocopies of the above documents. Typically, there are three set of documents (the judge, the plaintiff and defendant). The reception day (and magistrates are receiving almost daily) should be required to appear in court site and submit a claim.
After 5-6 days, the judge calls for a conversation. During the conversation, you can make a request to query the direction to find out what property is the defendant. hearing is appointed At the end of the interview.
Based on the foregoing, the filing of a claim for child support presents no particular difficulties. The main thing that there were grounds for their punishment.