Application for a court order to collect alimony (instead of a statement of claim)

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The collection of alimony is forcibly applied when the parent of a child evades in every possible way the fulfillment of his obligations for material support in relation to a minor son or daughter.

If the parents were unable to come to an amicable agreement and conclude an agreement, then there is only one option left - to go to court.

An interested parent with whom a minor child lives can demand forced collection of child support through the court in two main ways:

• file a claim for collection of child support;
• submit an application for a court order.

In both cases, you need to apply to the magistrate’s court at your place of residence together with the child or at the place of residence of the debtor. In alimony cases, the plaintiff (collector) can decide for himself where it is more convenient for him to file an application for forced collection.

Which court should I file for alimony?

There are 2 options for collecting alimony: through claim proceedings and through writ proceedings.

An application for a court order is considered by a magistrate. It can only be submitted if there is no need:

1. Establish paternity.
2. Dispute the fact of paternity or maternity.
3. Involve third parties to clarify the circumstances of the case.
4. Collect alimony in a fixed amount.

If it is necessary to establish paternity and collect alimony payments in a fixed amount (both in a fixed amount and in shares of earnings), you should contact the district (city) court.

Previously, an application for child support could be submitted to the magistrate’s court at the place of residence of one of the parents. But from October 1, 2021, such cases are considered by district (city) courts.

When filing a claim for the collection of alimony payments, the jurisdiction chosen by the plaintiff applies. That is, the collector himself decides which court to send the documents to: at the place of residence of the debtor or at his place of residence.

Collection of payments from a spouse by order and in a lawsuit

As mentioned above, alimony is assigned in court according to a simplified or standard scheme.
The simplified version allows you to open writ proceedings, avoiding many formalities. This scheme makes it possible to issue a court order without the presence of the parties. The standard option involves filing a claim, a full hearing and, at the end of the consideration of the case, a definite decision by the court.

Each procedure has its own characteristics and differences. Let's take a closer look at them.

Order order

The main feature of the order is the absence of trial. This is possible if the former spouses have no claims against each other (that is, the wife does not demand anything from her ex-husband). In such situations, there is no need to involve a lawyer or collect a certain evidence base.

Under what conditions is writ proceedings opened? In some cases, alimony payments can be allocated in favor of the child only on the basis of a court order (Civil Procedure Code of the Russian Federation, Art. 122). This is possible if one person makes claims to another party.

The conditions for opening writ proceedings are the following factors:

1. alimony payments can be assigned only on the condition that it is necessary to support a minor child;
2. filing an application cannot be combined with the procedure for clarifying the family roots of the offspring or challenging them;
3. the issue is resolved without the presence of the parties and witnesses at the trial.

In which court will the problematic aspect be considered? Based on the requirements of the Code of Civil Procedure of the Russian Federation, Article 123, Article 23, such cases are carried out in magistrates' courts. That is, in instances of general jurisdiction. An alternative may be the magistrate’s court at the applicant’s place of residence (Civil Procedure Code of the Russian Federation, Art. 28, Art. 29).

What documents should I submit to obtain an official order? The list includes the following papers:

1. statement. It is written in accordance with the standards of the Code of Civil Procedure of the Russian Federation, Art. 124;
2. passport of the alimony recipient and identity card of the offspring (photocopies), if available;
3. document confirming the birth/adoption of a child;
4. certificate confirming the existence of a family union or divorce;
5. paper on the number of family members;
6. certificate of the amount of income of the applicant and the defendant.

After submitting an application, its consideration and issuance of an order takes place within 5 days (Civil Procedure Code of the Russian Federation, Art. 126). Then the court decision is sent to the alimony payer. If the former spouse files an objection within 10 days, the court will immediately cancel its decision.

At the same time, it will be explained to the applicant that the second time it is no longer possible to oblige the defendant to pay alimony by order, but it is possible to force the irresponsible father to pay child compensation by filing an official claim.

If no objections are received from the ex-spouse within 10 days, then alimony payments in favor of the child are assigned by order.

What documents are needed to apply for alimony?

In addition to the question of where to submit the application, the list of documents that may be required when going to court causes difficulties. It is also important to know how to write an application for child support.

The application must indicate the following information:

1. Name of the court and its address.
2. Information about parents (full name, residential address). Moreover, information about the debtor must additionally include: date and place of birth, place of work and one of the identifiers: TIN, SNILS, OGRNIP, details of a passport, driver’s license or vehicle registration certificate).
3. The essence of the requirements.
4. The amount to be recovered.

In addition to the application (and two copies of it), the following is required:

• child's birth certificate (copy);
• certificate of marriage or divorce (copy);
• copy of the passport;
• certificate of family composition.

The best option when going to court is to get the help of a lawyer. He will best explain where to go, what documents are needed and what results to expect.

How to apply for a court order to collect child support?

Lawyer Antonov A.P.

Parents are required to support their minor children. If the parent does not fulfill this obligation, funds for the maintenance of the child (alimony) can be recovered through the court, in particular through writ proceedings. An application for a court order can be submitted provided that the requirement to collect alimony for minor children is not related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties (clauses 1, 2 of Article 80 of the RF IC; Part 1 of Article 121, Paragraph 5 of Article 122 of the Code of Civil Procedure of the Russian Federation). However, on the basis of a court order, it is impossible to collect, for example, alimony in a fixed amount or simultaneously in shares of the parent’s income and in a fixed amount. In these cases, alimony is subject to recovery through litigation (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56). To apply for a court order to collect alimony for a minor child, we recommend following the following algorithm.

Step 1. Draw up an application for the issuance of a court order An application for the issuance of a court order must be drawn up in writing and must contain, in particular, the following information (Clause 1, Part 1, Article 23, Parts 1, 2, Article 124 of the Code of Civil Procedure of the Russian Federation): 1. Name of the court to which the application is submitted: cases regarding the issuance of a court order are considered by magistrates. 2.Last name, first name, patronymic (the latter - if available) of the alimony claimant, his place of residence. 3.Last name, first name, patronymic (last if available) of the debtor, his place of residence, as well as (if known) date and place of birth, place of work and one of the identifiers (for example, SNILS, INN). 4. The claimant’s claim and the circumstances on which it is based. 5. Documents confirming the validity of the claimant’s claim. 6.List of documents attached to the application. In this case, the requirement set out in the application for a court order must be indisputable. It is such if it is confirmed by written evidence, the reliability of which is beyond doubt, or if recognized by the debtor (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 N 62). An application for a court order is signed by the claimant or his representative who has the appropriate authority (Part 3 of Article 124 of the Code of Civil Procedure of the Russian Federation).

Step 2. Prepare the necessary documents. The application for a court order must be accompanied by documents confirming the circumstances to which you refer and the validity of your stated requirements. Depending on the circumstances of the case, such documents include, in particular (clauses 5, 6, part 2, part 3 of Article 124 of the Code of Civil Procedure of the Russian Federation): 1) a copy of the certificate of marriage or divorce; 2) a copy of the birth certificate of the child (children); 3) a copy of the certificate of paternity or other document confirming the parenthood of the debtor; 4) documents confirming the debtor’s income (if such documents are available); 5) certificate of registration of the child at the place of residence of the claimant; 6) a copy of the document certifying the authority of the representative (if the application is submitted by the representative). When submitting an application, you do not need to pay a state fee (Article 89 of the Code of Civil Procedure of the Russian Federation; paragraph 2, paragraph 1, Article 333.36 of the Tax Code of the Russian Federation).

Step 3. Submit an application to the court and wait for the case to be considered. An application for a court order to collect child support is submitted to the magistrate at the debtor’s place of residence or at your place of residence (Clause 1, Part 1, Article 23, Article 28, Part. 3, 10, Article 29, Part 1, Article 123 of the Code of Civil Procedure of the Russian Federation). A court order on the merits of the stated claim is issued within five days from the date of its receipt by the court without summoning the debtor and the claimant and conducting a trial (Parts 1, 2 of Article 126 of the Code of Civil Procedure of the Russian Federation). However, if there are established grounds, for example, if the demand is not supported by documents, the judge will return the application or refuse to accept it within three days from the date of receipt of the application (Parts 1, 3, 4 of Article 125 of the Code of Civil Procedure of the Russian Federation). The court is obliged to send a copy of the issued court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution (Article 128 of the Code of Civil Procedure of the Russian Federation). If objections are received from the debtor within the prescribed period, the judge will cancel the court order. In this case, a claim for the collection of alimony may be brought in the manner of litigation (Article 129 of the Code of Civil Procedure of the Russian Federation).

Step 4. Obtain a court order to collect child support. If the debtor does not object, the judge will issue you a second copy of the court order, certified by the official seal of the court, to present it for execution. At your request, the court may send a court order to the bailiff for execution (Part 1 of Article 130 of the Code of Civil Procedure of the Russian Federation).

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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How to sue for alimony (methods of appeal)?

As mentioned above, you can collect alimony by going to court either with a statement of claim or with an application for a court order. Claim and writ proceedings in this category of cases have their own characteristics.

Application for a court order to collect alimony

It is easier and faster to collect alimony payments through a court order. The advantage of writ proceedings is that the presence of both parents in court is not required.

To apply, you must prepare an application and a package of documents. After consideration of the case, a court order is issued, the execution of which is monitored by the bailiff service.

However, there are some restrictions with this method of collecting alimony payments:

1. The amount of alimony will be assigned as a share of the payer’s earnings. Sometimes transferring a fixed amount is better for the child, but this cannot be achieved through writ proceedings.
2. The procedure is suitable if it is necessary to collect child support for children under 18 years of age. If the child is an adult, but incapacitated, you will have to apply to the district (city) court with a statement of claim. Also, in the order of writ proceedings, requests for payments for the maintenance of a parent who is raising a child are not considered.
3. This method is not suitable if the payer’s rights to alimony are contested.

For more information about the ordering procedure and drawing up an application, read the article “Application for a court order for the collection of alimony (instead of a statement of claim).”

Claim for alimony

In the cases listed above, you should file a claim with the court.

Claim proceedings are complex and multi-stage. In order to resolve all controversial issues, both parents take part in the consideration of the case.

The claim is filed in almost the same way as an application for a court order. The parties to the case are called the plaintiff and the defendant. Here it is necessary to indicate exactly what violations of the plaintiff’s rights exist.

If difficulties arise with the registration, use the services of a lawyer who will help you competently draw up a claim and collect the necessary documents.

For more information about the claim procedure and the requirements for filing an application, read the article “Claim for the recovery of alimony: features of drafting.”

Order proceedings for the collection of alimony: features

Writ proceedings have undoubted advantages over claims:

• no need to go to court hearings and waste time on it;
• short term: the order will be issued within 5 days after filing the relevant application;
• no writ of execution is required. The order on the assignment of payments is sent for execution to the bailiff service or to the accounting department of the alimony provider.

But we should not forget about the disadvantages of collecting alimony through writ proceedings:

• if the second spouse has objections, even if they are not justified and not supported by anything, the court order for alimony will be canceled. This is its main drawback;
• there is no way to recover alimony payments for previous years;
• allows you to collect alimony only in a legally established percentage, not allowing the determination of fixed amounts;
• the ability to demand payments for a child only under 18 years of age (minor);
• if there is a need to establish/challenge paternity or involve other persons, this method is not applicable.

Thus, it makes sense to resolve the issue of collecting alimony through writ proceedings when the second spouse, being the legal parent, agrees to the demand, and the amount of payments is determined only as a share of income.

Collection of alimony payments through a court order is similar to concluding an agreement on the payment of alimony, which is concluded with a notary. However, within the framework of the agreement, all issues regarding child support are immediately determined and there is no need to wait for it to enter into legal force.

Application for alimony to the accounting department

Withholding of alimony payments through the employer is made after receiving the appropriate document: a court decision or a notarized agreement between the parents, which is equivalent to a writ of execution.

If there is a voluntary agreement, both the claimant and the alimony payer can submit documents to the accounting department.

The application should indicate:

• information about the recipient of the royalties (full name and passport details);
• Full name and age of the child;
• the amount of deductions or a set percentage of earnings;
• the time frame within which payments must be made;
• recipient details.

When there is no agreement on the payment of alimony, the accounting department is provided with documents received through the court:

1. A court order or court decision.
2. Performance list.