Good afternoon. My husband and I lived together in a civil marriage, and we had a son together. My father did not register it for himself, explaining that in this way I could obtain the status of a single mother and receive benefits from the state, but he still lives with us and supports us. But soon the relationship went wrong, he left me and my son, he didn’t give us any money. My benefits as a single mother are not enough. Can I apply for alimony and how can I do it correctly?
Natalya, 24 years old.
Natalya, good afternoon! There is no doubt that you have the right to receive support payments from your child's father.
In recent years, the creation of families and the birth of children without official registration of relations in the registry office has become very common. Moreover, when children are born, parents do not always establish paternity when registering the birth. Some out of ignorance, and some wanting to receive material support from the state like...
Problems begin when a man leaves the family and stops providing financial support. The mother inevitably faces the question: if the child is not registered with the father, can she apply for child support?
The law clearly states that parents are obliged to support their minor children (Article 80 of the RF IC). But at the same time, parental status must be established officially. If in the documents there is a dash in the “Father” column or the father is written down from the words of the mother, the mother has the status of a woman who is raising the child alone, then it is impossible to collect alimony. Initially, paternity must be established; this can be done either voluntarily or through the court.
First, try to talk with your father, explain to him the possibility of acknowledging paternity voluntarily. Explain that if he refuses, the case will be considered by the court, and the parties will not only incur additional material costs, but will also waste a lot of time, effort and nerves. This can be avoided by submitting an application to the registry office (Article 47 of the RF IC).
If the parent agrees to this, both parents must submit an application to establish paternity to the registry office at the place of residence of either parent or to the registry office that registered the fact of the child’s birth.
It is necessary to present the parents' passports, the child's birth certificate, and also pay a state fee of 350 rubles.
The submitted documents will be reviewed and on the same day the necessary procedure will be carried out, documents confirming paternity and a new birth certificate will be issued.
After this, invite the father to voluntarily pay money for maintenance, securing this agreement certified by a notary (Articles 99, 100 of the RF IC). If he refuses, it is necessary to file a lawsuit, attaching the documents newly issued by the registry office.
If an unscrupulous parent categorically refuses to recognize paternity, it is necessary to establish this fact through the court (Article 49 of the RF IC). To do this, you need to file a claim in which you ask to establish the fact of paternity (filed at the defendant’s residence address), you can also simultaneously demand to collect alimony (can be filed both at the defendant’s and the plaintiff’s residence addresses). Attach to the application a document confirming payment of the state fee of 300 rubles, documents on the birth of the child, written evidence of the paternity of the defendant.
When considering the case, the mother must provide evidence that the defendant is the father. The court considers any evidence. It is necessary to invite witnesses who can confirm the fact of cohabitation or close relationships before the birth of the baby, present photographs, videos, correspondence (handwritten, electronic on social networks, by email or instant messengers, SMS messages).
As a rule, in such cases, an expert DNA test of the child and the intended parent is ordered. Often, a potential parent evades participation in the examination; if he evades, the court may recognize, taking into account other evidence presented by the mother, that paternity has been established (Article 79 of the Code of Civil Procedure of the Russian Federation).
Don't forget that DNA testing is an expensive procedure. Initially, its cost is paid by the mother; if the claim is satisfied, the amount is recovered from the defendant. If not, the expenses will remain with the mother.
If the court finds it proven that the child originated from the defendant, the claim is granted. Based on the court decision, information about the father is entered by the registry office.
When a demand for the collection of funds for maintenance is simultaneously made, alimony is also collected from the date the man is recognized as the father. If such a claim has not been made, you can file for collection of funds after the decision has acquired legal force.
Article 80 of the Family Code of the Russian Federation states that parents must support their minor children. If the parents do not intend to support them, the appropriate funds are collected in court.
But many women often ask the question: “How to apply for alimony if we are not married and the child is not registered with the father?”
Where to go to claim your due payments in 2019? Let's look at how to force a parent to regularly fulfill his child support obligations.
Minor children are a socially vulnerable segment of society that needs parental support until they reach adulthood.
Whether the parents were married or not does not matter. Article 53 of the RF IC regulates that children who were born to persons who did not marry each other (with confirmed kinship) have the same rights as children born into the world in an official marriage.
Financial support from parents is necessary to maintain the normal development of a minor child. Parents must pay child support voluntarily or forcefully if they evade payments.
Let's consider whether it is possible to apply for alimony if the child is not registered with the father.
A lawsuit on the issue of alimony for a former cohabitant is filed if:
If the child is registered only to the mother, it is necessary to go through the procedure of establishing paternity. Without it, it is impossible to realize the property, inheritance, and material rights of a minor in relation to a parent.
The procedure for establishing paternity is:
Let's look at how to apply for child support if the father is not listed on the birth certificate.
If the child's father does not want to acknowledge paternity, the woman can appeal to the district court. Applications can be submitted by:
Paternity is established by the court at any time after the birth of the child.
The mother files a statement of claim at the defendant’s place of residence, setting out her demands.
The following conditions must be met:
The court may order a genetic examination. But its results are only one piece of evidence. The court evaluates them in conjunction with other evidence available in the case.
How to properly file a claim? The document states:
In the main part, the plaintiff describes the circumstances of the case and the following information:
Also, the mother must collect irrefutable evidence that confirms the relationship of the child and his father.
Evidence may be testimony of parties, third parties, written and material evidence, audio-video recordings, expert opinions.
The court may order a DNA test. If the potential father avoids participating in the examination, the decision will be made on the basis of other evidence presented.
The court may recognize the fact of paternity as established or refuted. The decision depends on which party avoided the examination and what significance this research has for it.
If the mother, simultaneously with the claim to establish paternity, filed a demand for alimony, alimony is awarded from the date the claim was filed. But in this case it is impossible to collect child support for the past time.
If paternity has not been established and the father has died, the child does not have the right:
If the father's parents are alive, the court orders a genetic forensic examination. Genetic material is taken from the child and from the parents of the deceased father.
A couple who has not registered their relationship can draw up an alimony agreement. Parents should:
The agreement will be drawn up in writing and notarized, which will provide the document with legal force and the force of a writ of execution. The amount of payments is established by the parties and included in the agreement.
If the father violates the terms of the agreement, the mother will hand over the document to the bailiffs so that they initiate enforcement proceedings.
Unilateral changes to the terms of the agreement or unilateral refusal to comply with its clauses are unacceptable.
Let's find out how to collect child support if the child's father refuses to pay it.
A parent has the following ways to claim child support from the other parent through the court:
An application for a court order for the collection of alimony is issued under a simplified procedure for considering cases for the collection of alimony for the maintenance of a minor child.
A court order is a court order made by a single judge on the basis of an application for the recovery of monetary amounts.
The document is issued within five days without a trial, and is sent for execution to bailiffs 10 days from the date of issue.
The procedure is enforceable if the alimony payer has not sent a written objection to the magistrate.
If the alimony provider is against it, the court order is canceled, the claimant applies to the magistrates’ court with a statement of claim for the collection of alimony. The case is heard in court in the presence of both parents.
The court decision comes into force in a month. During this period, it is subject to appeal to a higher judicial authority.
In the statement of claim, the plaintiff indicates the same information as in the statement of paternity, which is submitted simultaneously with the collection of alimony.
Also, do not forget to indicate that the plaintiff’s rights have been violated and what evidence he has. Enters the cost of the claim and its calculation.
Alimony can be collected in the form of a portion of salary or monthly payments.
Article 81 of the Family Code regulates the following amounts of payments:
The court may reduce or increase the amount taking into account the financial or family circumstances of the participants.
The amount of the fixed payment is established taking into account the goals of maintaining the child’s previous level of support, the financial situation of the alimony payer, and other important circumstances.
The recipient of alimony may recover from the evader the losses caused by late payments.
The following have the right to file a claim:
Basic conditions for collecting alimony: the parent must live with the child for whom the other parent is evading payment of alimony, support him at his own expense, and the support of the other parent must be insufficient or absent.
We have already found out whether it is possible to sue for child support if the child is not registered with the father. But how can you force a negligent parent to pay if he does not pay even after the court decision comes into force?
A parent who does not receive child support from the other parent, whom the court ordered to pay these funds, can contact the Federal Bailiff Service.
If, after notifying the bailiffs, the parent does not intend to pay the required financial support to the child, he faces administrative liability:
Criminal liability may also arise (Article 157 of the Criminal Code of the Russian Federation). If parents violate a court decision and do not fulfill their child support obligations, they may be assigned:
Fines, administrative, criminal liability, deprivation of parental rights do not relieve the evader from the obligation to pay all alimony debts, as well as continue to regularly pay financial support for the child.
Alimony obligations must be fulfilled within five days from the receipt of written notification from the bailiffs.
The plaintiff can also contact the administration of the organization at the defaulter’s place of work with a writ of execution or an agreement regulating the procedure for fulfilling alimony obligations.
The administration must withhold payments every month from the salary and other income of the draft dodger, transfer them to the account of the parent who should receive alimony, within three days from the date of receipt of the salary (Article 109 of the RF IC).
The administration of the organization that withholds alimony by court decision or agreement must notify the bailiff no later than three days that the alimony provider has resigned, as well as his new place of work or residence, if there is such data.
The same information must be provided by the parent who must pay child support.
Usually, defaulters begin to urgently pay all their debts after the first notification from the bailiffs. But some people do not pay attention to such a measure, and then they have to act radically.
This is an expensive procedure, but it is resorted to if the biological father is quite wealthy and can provide a decent maintenance for the baby. It is hardly worth applying this action to an unemployed citizen or one who does not have a stable income. It is necessary to be guided, first of all, by the interests of minor children. Establishing paternity entails parental responsibilities for child support. The court may order alimony payments based on certain percentages of the father's income:
If the father's income is not stable, a fixed amount is assigned to pay child support. It is calculated by the budget for the minimum provision of minors in a given region or the subsistence minimum at the federal level.
If entered The presence of a parent's certificate in the column makes it easier to receive payments for the child. In this case, there is no need to prove relationship. A standard algorithm of actions is assumed here. It will be enough to submit an application to recover funds for the child, and possibly the mother.
This applies in cases of child care and lack of financial resources. The law does not provide for a separate set of steps, so you can use the standard one. But the procedure for identifying the father should be excluded - since he is already included in the document.
In other options There is also an option when the parent is included in the birth certificate, but this is not enough to receive child support. This is due to the fact that under standard conditions, the presence of two parents at the time of issuance of this paper will be mandatory - in this way the father will confirm his paternity and relationship with the child.
The main document will be the statement of claim. It should be filled out based on the sample: The list of information that the application should include includes:
Obtaining alimony from a common-law husband is a rather long and complicated process. Here you will need to prove the relationship between the child and the man. Only a legal procedure will allow you to receive payments and this will take a lot of time.
If there is no agreement on alimony obligations between the former spouses, the amount of alimony is determined based on the minimum wage. Payments must be made monthly in a fixed amount. Also, the ex-husband will pay alimony only if the mother proves that she really needs financial assistance.
In addition, the court will also examine the position of the father, since he may, for example, be unemployed and also unable to pay child support. A man is obliged to pay child support obligations until the child turns 3 years old, but in the case when a woman’s financial situation changes (remarried, went to work, etc.).
The first of these is recognition of paternity. There are two ways of development of events here. If your common-law spouse recognizes the child and is included in the birth certificate voluntarily, the situation becomes simpler. It is enough to prepare the following list of documents:
It is worth noting that the mere fact of entering the father's name on the birth certificate is not sufficient.
If you do not have a certificate of paternity, it will have to be established in court.
Important
The court considers all proposed evidence (witness testimony, telephone recordings, photographs and videos, documents, letters). But, without a doubt, the most convincing evidence can be genetic testing. It is carried out on the basis of a blood test and allows you to establish with maximum certainty the relationship between a man and a child.
Alimony agreement It is possible that a man and a woman, who until recently lived as one family, will be able to find a common language and resolve the issue of financial support for their common children. If a compromise is reached, the man and woman should put it in writing.
Home / Alimony / How to apply for alimony outside of marriage, in a civil marriage, if the child is not registered with the father Views 7088 Contents
Is it possible to apply for alimony without marriage? It does not matter whether the child was born to a husband and wife, or to a man and woman who are not officially married. Born children have the right to financial support from both parents.
Attention
If the court intervenes in the case, it is no longer guided by the wishes of the parents, but by the requirements of the law. And the law establishes clear requirements for the amount of alimony, both for divorcing spouses and for married or living in a civil partnership. As a general rule, you have to pay 25% for one child, 33% for two, and 50% of income for three.
The document is registered at the notary's office and is binding. If the parents, when registering their children, submitted a joint application to establish paternity and previously agreed on the amount and terms of payment of child support for a child out of wedlock, they do not need to go to court. According to the law, the child has a father who fulfills his parental responsibilities for financial support by paying alimony for his maintenance.
Parents can monitor the timeliness and correctness of child support payments together. The agreement may contain a clause requiring the father to submit a report that his alimony paid for the child was spent by the mother for its intended purpose: to buy food, clothes, shoes for the baby, pay for kindergarten, sports clubs, a swimming pool, and more.
The procedure for collecting alimony through the court depends on whether the man recognizes himself as the father and whether he is included in the birth certificate as the father. If the man does not deny that he is the father, then it is enough to simply apply for a court order. The only condition is that there should be no dispute about the fate of the child.
In cases where there is a dispute about children and it is not possible to peacefully agree on child support obligations, it is necessary to go to court with a civil claim. Next, a writ of execution is issued, which in turn is issued to the bailiffs. If the debtor refuses to voluntarily fulfill the obligation, the bailiff may foreclose on his income or existing property.
Thus, a child born out of wedlock has the same rights to his maintenance as a child born in a legal relationship.
You will need
Instructions
According to the Family Code of the Russian Federation, parents are obliged to support their child until the age of 18. And they must do this equally, regardless of their relationship with each other. If it is not possible to reach a peaceful agreement on financial assistance, then the issue can be resolved by officially filing for alimony. This is done through the magistrate’s court at the place of registration of either the defendant or the plaintiff.
In order to be able to apply for child support, you must have official confirmation of your relationship with the child. Such a document is a birth certificate with completed lines about the parents. If the parents were not in a registered marriage at the time the baby was born, then the two of them must come to the registry office, and the father must recognize the child. If he does not appear, and in the “father” column a person is written down according to the mother’s words - this circumstance must be indicated, then this is not official proof of paternity. In this case, it is also necessary to obtain confirmation of this through the magistrate’s court, and only then collect alimony; you can do this at the same time.
If a man categorically refuses to recognize the child, then he can be obliged through the court to undergo a DNA examination. Of course, no one can force him to do this, but in case of refusal, this will be considered one of the proofs of paternity. It is also worth providing all possible evidence of acquaintance and relationship: this could be testimony of witnesses (relatives, friends), photographs, payment documents, etc. After all these actions, the case is heard, and the judge makes a decision to recognize paternity. If you are not satisfied with the decision, you can appeal it and resubmit your application.
If there are no problems with recognizing paternity, the issue of collecting alimony is resolved quite simply. It is necessary to provide a number of documents to the magistrate's court: your passport and its copy, the child's birth certificate and its copy, an extract from the house register confirming that the child lives with the plaintiff, and also write an application - the form is provided in the court itself. You are given a date and time for your hearing and the defendant is served with a summons. The application must indicate how you would like to receive alimony, as a share of official income or at a fixed rate. The last option is most convenient when the defendant does not work or his salary is very low. You can provide proof of income yourself, or the court makes a request at your place of work.
If everything ends peacefully, then payments will begin until the child reaches adulthood. If the defendant evades alimony, then the bailiffs deal with the claim and the issue. It may be ordered that the money be automatically contributed by the employer in accordance with the judge's decision. If the defendant constantly does not pay child support or does so in a smaller amount without serious reasons, then he may be brought to criminal liability and deprived of parental rights (but with mandatory payments remaining).
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