How to file for alimony: a contract or a court?

Unfortunately, life can present not only pleasant surprises. Yesterday you were an exemplary family, and today you are enemies. In a fit of emotion, former spouses are often unable to resolve the problem of the child's subsequent care. In the article, we will consider all the ways and subtleties of how to file for alimony.

The amount of recovery of alimony

Legislation establishes that alimony is a cash payment, which is usually performed by one of the parents. This benefit is paid until the child reaches the age of majority. Alimony can be recovered in two ways:

- in a specific monetary amount (applies in the case where the parent does not have a permanent salary);

- payment as a percentage of the income of the father (mother) - this method is usually awarded when the parent has a fixed fixed income.

Where and how to file for alimony?

To collect from the spouse (the spouse) the maintenance on the child too it is possible differently. The most acceptable for both sides, but at the same time not the most common way is an arrangement. If the parent agrees to pay alimony voluntarily, then you should conclude an agreement on this and notarize. Naturally, such a contract should set the amount of payments not lower than that stipulated by law. If one of the spouses wants to make any changes to the contract, then this action must also be carried out only through a notary office. It is possible to break this agreement only through a court.

Agree, alas, it turns out a very small percentage of parents. The rest is nothing left, except how to file for alimony through the court. The right of appeal to the court in this case is the spouse who resides with the child.

Required documents

In order to file a claim with the court with a claim for the payment of the content, you need to prepare a certain package of documents. In particular, before applying for alimony, you should have:

- certificate of marriage (its copy);

- your passport and preferably the defendant's passport (copies);

- certificate of divorce (copy);

- birth certificate of your common child (copy);

- certificate of income and place of stay of the defendant;

- receipt for payment of legal costs.

Can I file for alimony if you are in an official or civil marriage?

The procedure for filing for alimony, when the couple is divorced, is much more or less known. But what if you are still in formal or informal relations?

In the moral sense, of course, it seems strange when one of the parents demands the maintenance of the child while being married. But this is permitted by law, moreover, for the decision of the courts there is no fundamental difference whether the parties are married or not. For them, the main thing is to establish the fact that the parent does not provide the child with financial support.

Even more interesting is the issue of paying alimony when parents did not formalize their relationship. What are the chances to collect the maintenance on the child, if you are in a civil marriage and filed for alimony? What if the father of the child is recorded with the words of the mother? In this case, you need to start not with the requirement of payment of alimony, but with the establishment of paternity in court. Only after the establishment of a kinship between the defendant and your child can you talk about the recovery of financial assistance.

Whatever it was, we wish you never to face problems of recovery of alimony, and to all your children - constant support and attention of both parents!