How to apply for child support if the parents were not married and there is a dash in the father column

Family law > Alimony > How to apply for alimony if we are not married, but the child is registered with the father?

If one of these parents intentionally fails to fulfill their obligations regarding the maintenance of the child, then the second one can file for alimony.

In this regard, some people have a question: how to apply for alimony if we are not married, but the child is registered with the father?

What is needed to collect alimony in a civil marriage in 2020?

Is it possible to apply for alimony if the “spouses” are not married, but the child is registered with the father? Certainly!

Moreover, if a baby was born from a couple who have never lived together, he has the right to regularly receive money for his maintenance.

They must be paid directly by the parent who does not live with their child under the same roof.

Thus, alimony can be recovered from the father only if one of the following two conditions is met:

1. If his last name is included in the child’s birth certificate (the baby was registered with his participation in the registry office, and he agreed to indicate his last name and other data in the “father” column).
2. If he was recognized as the child’s parent by a court decision (this can happen either at the request of such a father or at the request of his common-law spouse).

Alimony agreement

• It is absolutely possible that a woman and a man who recently lived in a civil marriage will still be able to find a common language, and then resolve the issue of financial support for their common children.
• If a compromise solution is reached, the man and woman will need to put it in writing.
• In order to draw up such an agreement, parents also need:

1. Mutually agree on all the details and conditions for the payment of funds, which relate to: the frequency of payment, its size, as well as the method of transfer to the recipient.
2. Submit the following package of documents to the notary office to collect alimony in a civil marriage:
   • passport of father and mother;
   • baby's birth certificate;
   • if necessary, a certificate of paternity (or a similar court decision);
   • certificate from the place of work of the parent paying child support;
   • details of the recipient's bank card or account.

Then you need to pay the cost of the notary service provided.

The agreement is drawn up on a special form, certified by the signatures of the notary, the recipient and the payer, and then it is issued to both parties in the original.

The created document is called an Alimony Agreement, which stipulates in detail all the conditions for collecting alimony:

• the procedure for calculating the amount of payments (an agreed upon fixed amount or a percentage of earnings);
• agreed payment amount;
• frequency and regularity of payments;
• procedure for alimony payments (withholding from the payer’s wages, transfer directly into hand, bank or postal transfer).

Why does a document need to be drawn up at a notary office? The fact is that it is the notary’s certification mark that equates it to a writ of execution, which can be provided to the bailiff service to initiate forced collection of alimony.

Also, in case of failure to comply with the terms of payment, which are displayed in the document, the agreement can be transferred to the claimant directly at the place of work of the alimony payer for subsequent deduction of funds from his salary.

Judicial collection of alimony

If it is not possible to resolve this issue peacefully, then you have to resort to litigation - often troublesome, lengthy, and unpleasant.

Legal proceedings regarding the fulfillment of alimony obligations outside of marriage can be of two types:

1. Orderly . It is used if the father’s place of residence and the direct fact of paternity are established. In this case, an application must be submitted to the court to issue a court order. In this case, the judicial review is carried out by the court itself, without inviting the parties, due to which a court order is issued, that is, a writ of execution.
2. Iskov . If there is a dispute about paternity, if the exact place of residence of the father is unknown, and also if the terms of the alimony agreement are not met, a statement of claim should be filed. Where to file a claim? To local judicial authorities. As a result of a detailed consideration of the case, the court will make a decision, which will be formalized by a writ of execution on the payment of alimony.

The following documents must be attached to the statement of claim:

• passport (to confirm identity);
• the baby’s birth certificate (with or without information about the father);
• certificate of family composition;
• income documents;
• If paternity has been established in court, then a court decision establishing paternity must be attached.

What is the amount of alimony if the “spouses” are not agreed upon?

1. Of course, this must be done within reasonable limits, so that neither the rights of the child nor the rights of the parent are violated.
2. If the court intervenes in the case, it will no longer be guided by the wishes of the parents, but only by the requirements of the law.
3. In turn, the law of the Russian Federation has established clear requirements regarding the amount of alimony not only for married spouses, but also for those divorcing or living in a civil marriage.

According to the general rule, the amount of alimony should be as follows: for one child - 25%, for two children - 33%, and for three or more children - 50% of the income of the alimony payer.

• However, when determining the amount of alimony, the court must take into account all the circumstances, including both the financial capabilities of the parents and the real needs of the children.
• So, depending on the evidence presented, the exact amount of alimony will be established in court.
• If it turns out that the defendant does not work anywhere or his income is unstable, then the court must order alimony payment in a fixed amount.
• As a rule, this amount depends directly on the cost of living in the region where the family lives.
• It is noteworthy that in the Russian Federation neither the minimum nor the maximum amount of alimony payments is established by law, since the amount of funds to support a child may depend on a variety of factors, for example, such as:

1. Social and financial status of the payer - unemployed, pensioner, disabled; the presence of other dependents (other children for whom alimony is also paid, or disabled parents in need).
2. The child's position (for example, a disabled child).

Video: What is the amount of child support established by law?

When will child support payments begin?

1. The plaintiff has the right to receive alimony directly from the time when paternity is established, but not from the moment the child is born, as many people think.
2. If paternity was established after the court considered the case, then the date of commencement of collection of alimony will be the date of entry into force of this court decision.
3. If a claim for alimony was filed significantly after paternity was established, this means that the applicant can demand alimony for the past time, but only from the moment paternity was established.

Source: http://semeinoe-pravo.net/kak-podat-na-alimenty-esli-my-ne-v-brake-no-rebenok-zapisan-na-ottsa/

Difficulties of unregistered relationships: how to apply for child support if the child is not registered with the father?

Relationships between two young people do not always end in marriage, and many now prefer not to sign, but simply live and build their destiny without stamps in their passports. However, when deciding to take such a step, girls, first of all, should think about the consequences.

When a child appears in a civil marriage, his rights are practically no different from those of a legitimate child. But to use them rightfully, you will have to work hard. In this case, the question becomes relevant: how to apply for alimony if there is a dash in the father column.

Rights of a child whose parents are not registered

Regardless of whether a child is born in a registered or civil marriage, he has equally equal rights in the matter of registration and receipt of inheritance. A child can also apply for alimony, but only under one condition - if paternity is officially registered.

If the fact of motherhood is recorded in the document that the mother receives upon discharge from the maternity hospital, then in order to establish paternity, it is necessary to go through a number of procedures.

If the relationship between the common-law spouses has ended, the father is obliged to pay alimony, as in the case of a divorce in an official marriage. However, only when paternity is established.

During pregnancy or immediately after the birth of a child, parents must visit the registry office and submit an application indicating:

• data of each spouse;
• fact of recognition of paternity;
• wishes regarding the baby's future surname;
• indicate your place of residence and secure it with signatures.

After consideration of this petition, the mother will be given a document in which the baby’s father will be indicated. This is perhaps the easiest way to establish paternity.

• If at the time of discharge the father was absent due to various circumstances, the child is automatically assigned the mother’s surname.
• If, at the same time, an earlier agreement was drawn up between the spouses that the man recognizes paternity, but it was not included in the document column, then the child can subsequently count on alimony payments and even claim an inheritance.
• The situation with registration is a little similar: a child who was born in an officially unregistered union can be registered in the living space of both his mother and father, provided that paternity has been established or there is a court order.

An unofficially registered marriage between young people deprives the child of not only a father, but also close relatives. With unregistered paternity, children do not have the right to claim the property and inheritance of their grandparents and other relatives on their father’s side.

Is it possible to apply for alimony if there is a dash in the “father” column?

If the document contains information about the father from the words of the mother, but there is no actual recognition of paternity even in a civil marriage, then paternity can only be proven through the court.

In order to count on payment of alimony, a woman must ensure that the certificate is amended and information about the father is entered. A parent does not always voluntarily recognize his child and agree to the procedure for establishing paternity.

Of course, if the former spouses drew up an agreement in advance and wrote a statement that paternity was recognized, then there will be no problems with payments. When a man does not want to recognize himself as the pope and help him in every possible way, then only a judicial organization can resolve the situation.

The procedure for filing a claim for alimony payment:

1. apply to the courts with a request to establish paternity;
2. obtain the results of a genetic examination;
3. submit a request to the registry office to make changes in the child’s document;
4. write an application for alimony with the amended certificate;
5. obtain a court decision and send a copy of the decision to the relevant authorities.

How to apply for child support if the child is not registered with the father?

Many lawyers recommend filing a claim for child support along with the application for recognition of paternity. In turn, the child's father can provide the court with evidence that he participated in raising the children. These can be checks, receipts for children's purchases, money transfers, treatment, etc.

Read also: Recalculation of alimony: for the past period, by bailiffs, taking into account the amount paid

The parties may, at any stage of the trial, enter into a written agreement on the joint upbringing of the child. If paternity has not been confirmed, then the court cannot oblige the alimony provider to pay funds for the maintenance of the child.

If paternity is confirmed, then the next step is to consider a claim for alimony. When there are no disputes between two parents regarding the child and his upbringing, then it is enough for them to enter into a voluntary agreement on child support payments, certified by a notary.

Or resolve the issue through the magistrate's court. Here, a petition for the issuance of an act or order is submitted in a similar way. A spouse who was in a civil marriage with a woman has the right to refuse to pay alimony if he proves that he did not live with the plaintiff and also did not know that she was pregnant at the time of separation.

In such cases, the court requires evidence that the parties lived together or refute these facts. They may interview neighbors and relatives, and require correspondence, photographs and other documents.

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Paternity Establishment Procedure

If a man avoids the examination in every possible way or tries to prevent it from being carried out, then the court is able to independently make a decision on paternity and not organize an examination.

The mother can file a claim at her own discretion - both at her place of residence and at the place of residence of the father. As a rule, an examination is appointed after the first court hearing, when the court needs additional evidence in its decision.

The examination is carried out using blood tests in a special institution. Its cost is within 15,000 rubles. If the result is positive, all costs of the examination can then be borne by the defendant.

In addition to the examination, paternity can be proven through other data. It could be:

• personal correspondence between mother and father;
• photographs, videos;
• telephone conversations;
• Money transfers;
• receipts and checks;
• documentation on receipt of transfers and parcels;
• certificates of family composition;
• questionnaires, medical cards, etc.

All this must be provided to confirm the fact that there was a relationship between a man and a woman before the conception of the child, as well as to invite witnesses who can confirm the personal relationship between the parties.

Amount of alimony payments

Alimony will be collected from the debtor only from the moment he is recognized as the child's blood father . No funds will be charged for the remaining period from the date of birth.

At the same time, having a dad on paper does not always have a positive effect on the life of the child himself. If before this he did not deal with issues of upbringing and did not participate in any way in the life of the child, then even after legal registration he will not do this.

At the same time, the mother may encounter some difficulties - she will need to constantly contact her ex-spouse to obtain his permission to travel abroad, move to other cities, sell the child’s property, change the surname, etc.

The amount of child support payments is 25% of the official income if the father no longer has children. If the father is not employed, then alimony is paid in hard currency.

It is important to know that if paternity is established, the mother is deprived of the benefits and benefits that she received as a single mother.

If the father has property, then the child also has the right to claim it after death, unless in the will the entire inheritance is transferred to other persons.

How to avoid litigation?

As mentioned earlier, you can avoid litigation if:

1. the father recognizes his relationship with the child and gives his voluntary consent to changes in the birth certificate;
2. the parents entered into a voluntary agreement to pay child support;
3. at the beginning of the trial, both parties decide to enter into an agreement on the maintenance and upbringing of the child.

• Any situation can be resolved peacefully by agreeing on everything in advance.
• The key factors in further disputes about paternity and the collection of alimony are that the woman closely hid the pregnancy from the man, broke up the relationship and did not report the pregnancy, was promiscuous and is trying to “force” the child on one of the applicants, does not personally know who it might be father of the child, but tries to grab onto a better option.
• That is why, when agreeing to a civil marriage, you should know what risk you are exposing yourself and your future generation to.

Source: https://prozakon.guru/semejnoe-pravo/alimenty/kak-podat-esli-v-grafe-otets-procherk.html

How is child support paid out of wedlock?

Every child has every right to love and attention from both of his parents, as well as to financial support from them. And it doesn’t matter at all whether he was born from legal spouses, or whether his parents did not officially register their relationship.

Child support out of wedlock

Even if a child was born from a couple who were in a civil marriage or never lived together, he has every right to receive funds for his maintenance. They must be paid by the parent with whom the child does not live under the same roof.

It is possible to recover alimony from such a father, but only if one of two special conditions is met:

• he must be included in the birth certificate (the child’s registration with the civil registry office took place with his participation and he agreed to indicate his data in the “father” column),
• he is recognized as the parent of the child according to a court decision (this can happen both at the request of the father himself and at the claim of his common-law wife).

If we compare it with an official marriage, then one fact of registered marital relations is enough to include both parents in the birth document according to the words of only one of them. Therefore, you can start collecting alimony immediately.

How to establish paternity

Not a single woman will be able to claim alimony for the maintenance of a child from his second parent if his birth certificate contains handwriting in the “father” line. She needs to find out how to establish paternity, and only then can she apply for child support.

It is very important to find out the reason for this dash:

• the father does not renounce his relationship with the child, he simply did not have the opportunity to be in the registry office when registering the newborn,
• the father refuses to recognize the child as his own, or has never even met him,
• The child’s mother is categorically against having information about his biological father included in the document.

It happens that proof of the relationship between the father and the child is necessary due to the fact that his mother has died, been declared incompetent by the court, or has been deprived of parental rights to the child. These cases can be attributed to our third reason.

In the first situation, parents simply need to contact the territorial registry office or the judicial authority, receive a document confirming the fact of paternity and make an amendment to the birth certificate of the child.

In the last two cases, the fact of relationship between father and child can be confirmed only in court.

How to become a parent through court

If the parent himself wishes to confirm the fact of his paternity, then he must file a claim in court. The application will need to be accompanied by:

• identification document (passport),
• child's birth certificate,
• evidence of the relationship between him and the child (ideally this is a 99.9 percent positive DNA test result, as well as documentary sources, joint photographs and witness statements),
• a document confirming the death of the child’s mother, a court decision declaring her incompetent or deprived of parental rights, etc. (if paternity is established for one of these reasons).

Facts where the biological father of a child denies in every possible way his relationship with him are much more common.

And the reason for this is often that most men in this way try to avoid alimony obligations to their children.

In such cases, the burden of proving the relationship of her child and his actual father falls on the shoulders of the mother; this is done by filing a statement of claim to establish the fact of paternity.

Legal nuances in the Family Code in the procedure for establishing the origin of a child.
Article Contents Art. 48 establishing the origin of the child. Art. 49-50 establishment of the fact of paternity and its recognition in court Art. 51 entries of the child's parents in the birth register. Art. 52 challenging paternity or maternity Art. 53 rights and responsibilities of children born out of wedlock (between their parents).

She will also need to present to the court:

• your passport,
• child metrics,
• details of the child's alleged father,
• evidence that can confirm the fact of paternity: all kinds of documents or testimony indicating their cohabitation both immediately before the birth of the baby and after that; photographs from the family archive showing father, mother and child; but the greatest evidentiary force will have a positive answer from genetic experts about the alleged relationship.

When considering cases of this category, the judge calls the plaintiff, defendant, and witnesses to participate in the hearing. Sometimes the child himself is invited if he has already reached the age of 10 and is able to express his own opinion on this issue.

If, by the time the application is filed in court, a genetic examination has not been carried out (for example, the putative father refuses to provide the biological samples necessary for its conduct), then the judge has the right to order it forcibly and continue the proceedings in the case after receiving the results.

The responsibility for paying for the DNA examination falls on the shoulders of the plaintiff. If the result turns out to be positive, that is, the biological samples taken from the father and child match on most points, the defendant will be obliged to reimburse the plaintiff for the money spent for the investigation.

If, after studying all the arguments of the parties and the evidence they presented, the court considers them sufficient and undeniable, then the decision will be positive - the judge will issue a decree recognizing paternity.

Alimony when establishing paternity and the procedure for collecting it

A child who was born out of wedlock and who has only one documented parent (usually the mother) also has the right to receive child support from the father. To do this, the child's mother must contact a judicial authority and file a claim.

This can be done at your place of residence

It is no different from the usual procedure for paying alimony for a child born in an official marriage.

Read also: Responsibilities of godparents: for boys and girls

After confirming the fact of relationship, the child immediately has the full right to receive funds for his maintenance from the “newly made” parent.

Now is the time for parents to think about how to apply for alimony, if it is not written down, in what terms, in what way and from what amounts alimony will be paid for the maintenance of the child. We talk more about some of these issues in the article - https://divorceinfo.ru/2518-s-kakih-summ-dohodov-uderzhivayutsya-alimenty-na-rebenka

Parents will be able to approach the resolution of this issue in a civilized manner and enter into an agreement on the payment of alimony, which will help save them from additional hassle.

After the complex legal process of proving paternity, such decisions are quite rare, but sometimes they do happen.

In the settlement agreement, parents should indicate the amount of child support, the terms and conditions of their payment.

After drawing up and signing by both parents, this document must be endorsed by a notary, only then will it have legal force similar to that of a court order or writ of execution.

It will be executed by bailiffs, and for this there is no need to go to court.

Article 103 of the Family Code of the Russian Federation reflects that in the interests of children, the amount of alimony specified in the agreement should not be less than that established by law.

Along with documents establishing the identities of the parents and the child, the notary will require the presentation of a court decision on establishing paternity or another document proving his relationship with both parents.

If the common-law spouses have not formalized a voluntary alimony agreement, then they must file for alimony outside of marriage in court. You can find out more about how to apply for alimony if it is not scheduled on this page.

The mother should file a claim with the magistrate at the site that is assigned to the father’s residential address.

In the office of the court they will demand from her: a birth certificate for the children for whom she wished to collect alimony, a certificate of paternity (or a corresponding court decision), information about the defendant’s residential address, as well as about the organization where he is employed, and all kinds of sources of income.

The judge will be able to examine the submitted documents without holding a court hearing. After this, he will issue a court order to assign and pay alimony, indicating its amount established by law. The order must indicate that alimony will be collected from all income available to the defendant, as provided for by law.

Copies of the court order are issued to the plaintiff and also sent to the defendant and the bailiff service. It is important to make sure that the order is received by the recipients and registered with the bailiff service. Only after this will the last measures be taken to ensure the execution of this order.

You will have to collect alimony for an illegitimate child by filing a claim in a city or district court if:

• the plaintiff will demand the assignment of alimony payments in firmly established monetary terms,
• the clauses of the voluntary child support agreement are not fulfilled by the second parent,
• There is no information about the place of residence and income of the second parent.

A statement of claim, which may indicate the above circumstances (either one or all at once), is submitted along with documents: copies of a passport, a child’s birth certificate, a certificate or court order establishing paternity and the rest of the list of documents required in each specific case.

Typically, such cases are considered by a judge with the participation of both parties.

The judge sends the decision made, along with the writ of execution, to the bailiff service. Its employees will have to search for the defendant and collect alimony payments from him.

When is alimony due?

The right to receive alimony payments arises from the moment when the fact of paternity was established, and not from the date of birth of the child. If paternity is established after a judicial review of the case, then the date from which alimony should begin to be collected will be the date the court decision enters into legal force.

If a claim for the collection of alimony is filed much later than the fact of paternity has been established, then the applicant will be able to file claims for the collection of alimony for the past period, but only from the moment of proof of the relationship between the father and the child.

Source: https://divorceinfo.ru/2408-kak-vyplachivayutsya-alimenty-na-rebenka-vne-braka

How to apply for child support if the child is not registered with the father?

Author of the article: Elena Plokhuta, lawyer,
reading time: 5 minutes,
updated:
September 4, 2019
Reads:
2122

Many parents wonder how to apply for child support if they are not married and the child is not registered with the father. This can be done by concluding an alimony agreement or in court. Both options have their own nuances that must be taken into account when preparing documents.

Grounds for the emergence of alimony obligations

Contents (click to open)

According to Art. 80 of the RF IC, parents are obliged to equally support their common minor children, provided that information about them is indicated in the birth certificate.

If there is a dash in the “father” column and in fact the man is not the father, this frees him from child support obligations. An exception is drawing up a voluntary agreement or establishing paternity together with the collection of alimony in court.

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Is it possible to apply for child support if the child is not registered with the father?

Filing a statement of claim without specifying a requirement to establish paternity is not a legally valid action. It is impossible to oblige a person who is not a parent according to documents to pay money for the maintenance of a child.

If the man does not deny kinship with the minor, but is not officially listed as a parent, the parties can draw up a child support agreement.

Voluntarily

A voluntary procedure means drawing up an agreement on the payment of alimony with a notary. However, it is important to comply with several conditions:

• Notarization. Without it, the document has no legal force.
• Content. Parents have the right to independently determine the amount and timing of child support payments. Payments can be calculated as a share of the salary, in a fixed amount of money or in a mixed form. It is possible to provide property to pay off alimony debt if alimony was previously collected peacefully.

Important! The duration of the agreement is established by the parties. Termination of alimony obligations occurs upon expiration of this period, the child reaching the age of majority, adoption or emancipation. Also, alimony obligations are canceled in the event of the death of the minor or the payer.

Establishing paternity and collecting alimony through the court

If a man is categorically against paying alimony and denies relationship with the child, the woman must establish paternity. This is done as follows:

1. Evidence of kinship and other documents are collected to be presented to the court.
2. A claim is filed in the district court.
3. On the appointed date, the parties appear for the hearing. The judge examines the evidence presented. The decision is not made in one meeting, since a number of procedural actions are required: conducting an examination, clarifying the circumstances, etc.
4. A decision is made and a writ of execution is issued.
5. With an extract from the decision, the plaintiff visits the registry office to issue a new birth certificate for the minor.

The period for consideration of such cases is 2 months from the date of registration of the application. If the decision is positive, the IL is transferred to the plaintiff. He has the right to submit it to the FSSP to initiate enforcement proceedings and enforce the collection of alimony, or to the accounting department at the defendant’s place of employment.

Important! If necessary, the judge may order a genetic examination. The refusal of one of the parties to take a DNA test affects the outcome not in favor of the person who refused. If the mother is against, this indirectly indicates the untruthfulness of her demands. If the father denies this, doubts arise about the absence of a biological relationship with the child; this can be interpreted in favor of the plaintiff.

How to file a claim

In this case, the claim specifies two demands at once - to establish paternity and to assign alimony. First you need to determine the method of collection:

• As a share of salary. For one child 25% is paid, for two – 33%, for three or more – 50%.
• In a fixed amount of money. The cost of living in the region is taken into account.
• In a mixed form. Payments are assigned in shared and fixed amounts if the defendant has official and unofficial earnings.

Having determined the method of collection and made a calculation indicating the exact amount, it is necessary to file a claim. It contains the following information:

• Full name, date of birth, passport details, registered address of the plaintiff;
• Full name, date of birth, residential address of the defendant;
• when the marriage was registered or cohabitation began;
• date of divorce or termination of cohabitation of the parties;
• circumstances during joint farming;
• the amount and method of collecting alimony;
• the date of birth of the child, the date of alleged conception, where the defendant is at this time;
• a list of evidence indicating the relationship of the defendant with the child;
• a request to call witnesses (if any);
• claims: to establish paternity and collect alimony;
• a list of the attached documentation;
• date of compilation and signature.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The application is drawn up in two copies. One remains in court, the second is returned to the plaintiff by the secretary with a note about registration.

According to the law, the judge is given 5 days from the moment the documents are received to open the case. The parties are notified in writing of the adoption of the relevant decision.

Documentation

When going to court, the following is provided along with the claim:

• the child’s birth certificate, it is necessary to prove the absence of information about the father;
• a certificate of family composition confirms the plaintiff’s cohabitation with the minor and participation in his life, which is the basis for dividing parental obligations to support the child in half;
• certificate 2-NDFL is required when considering the issue of assigning alimony payments;
• marriage registration certificate - the presence of this document indicates a high probability of paternity;
• certificate of divorce.

Evidence base

Collection of evidence is required if at the time of the child’s birth the parents were not officially married, or if the child appears later than 300 days from the date of divorce or death of the man. Proof is also required when a man categorically denies relationship with a minor.

The following is used as evidence:

• documents, audio and video recordings, witness statements;
• personal correspondence, letters;
• other facts confirming cohabitation at the time of the child’s birth.

The obligation to collect evidence rests with the plaintiff. It must be presented at the time of filing the claim.

Where to contact?

Cases on establishing paternity and collecting alimony are simultaneously considered by district courts. The claim is filed at the place of registration of the plaintiff or residence of the defendant. The parties have the right to independently determine territorial jurisdiction.

State duty

According to the Tax Code of the Russian Federation, applicants in cases of alimony collection are exempt from paying state duty. To establish paternity you will have to pay 350 rubles. before going to court and 650 rubles. before going to the registry office for the production of a new certificate.

Read also: Buy a room with maternity capital

Arbitrage practice

Source: https://SocPrav.ru/kak-podat-na-alimenty-esli-rebenok-ne-zapisan-na-ottsa

How to apply for alimony in a civil marriage if the child is not registered with the father?

Registration and payment of alimony

04.09.2017

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4 min.

For many mothers, the issue of child support from fathers to whom the child is not registered and with whom they were in a civil marriage is relevant. Does the child have the right to help from a parent in such a situation, and if so, how to achieve it?

First of all, we note that in Russian legislation there is no such concept as “civil marriage”. Despite this, a baby born to parents not registered in the registry office has the same rights and social guarantees as a child of legal spouses.

In particular, both parents are obliged to support and raise their child until the age of eighteen, or until the age of twenty-three if he continues his studies.

The severance of personal relationships does not relieve them of parental responsibilities, since these responsibilities are derived from paternity and maternity, and not marriage.

In other words, if the parents separate, the child is entitled to child support from the father. Proof of paternity in court is a birth certificate. But if the baby is not registered with the father, according to the law, there is no one to collect child support from.

However, this does not mean that he is deprived of the help of his second parent. The mother simply needs to achieve compulsory establishment of paternity.

If the father does not want to recognize the child and pay child support, the mother needs to go to court to establish paternity. A sample application can be found here. To establish the truth, the court usually orders a DNA examination.

The cost of the examination is about 30,000 rubles, and the plaintiff must pay for it, i.e. mother.

If the plaintiff wins the trial, he has the right to demand compensation for all legal costs from the defendant, including a refund for the examination fee.

When drawing up an application, you must immediately indicate the amount of alimony that you want to collect from the defendant.

If the defendant does not provide material for the examination and generally evades it in every possible way, the court makes a decision based on the following evidence:

• photographs;
• documents that indicate joint living arrangements;
• testimony of witnesses, etc.

It must be said that if the defendant refuses the examination, most often the court makes a decision in favor of the mother. Once paternity is established, the mother writes the father on the birth certificate. From this moment on, she ceases to be considered a single mother.

To avoid unnecessary legal expenses, you can voluntarily enter into an agreement on alimony payments. In this case, the mother and father draw up a written agreement, which must be certified by a notary. The agreement must indicate the amount and order of payments.

Keep in mind that the need for notarization of the contract is regulated by Art. 100 SK. If this is not done, the agreement will not have legal force. In addition, in order for your contract to comply with the requirements of the law, the amount of payments must be no less than the amount regulated by the Family Code of Russia.

According to current legislation, the amount of payments can be determined in several ways:

• percentage of income;
• fixed amount;
• valuable property for alimony payments.

Most often, the amount is set as a percentage of income. One child is entitled to 25%, but not less than a third of the subsistence minimum established by law for a child of the appropriate age. If two children were born in a civil marriage, then the amount of alimony will be 33.33%. For three children, the father will have to give half of his income.

The court may change the amount of payments, since the presence of children from another marriage is taken into account, as well as the financial situation of the father.

As for the fixed amount, it should not be less than 25% of income and 1/3 of the subsistence level.

Income is considered not only salary, but also all other types of earnings, including additional remuneration at work, additional payment for part-time work, etc.

It must be said that in 2017 an amendment to the Family Code was prepared on the minimum amount of penalties, according to which the fixed amount will be 15,000 rubles. Moreover, it will be tied to the minimum wage. However, now the amendment is only at the consideration stage and, quite possibly, will be rejected in the same way as a similar initiative in 2014.

Also, by agreement of the parties, the father can transfer his valuable property as alimony - this could be a house, apartment or, for example, a plot of land.

Please note that once the property is transferred, payments stop. Therefore, the mother needs to think carefully about whether it is worth agreeing to accept the property.

In some cases, after paternity has been established, in addition to alimony, additional funds may be collected from the father at the request of the mother. But they are not used for any expenses, such as alimony, but only for the special needs of the child, such as:

• special treatment;
• development of certain abilities or other similar needs.

To do this, the mother must submit documents confirming that the child really needs additional financial assistance (temporary or permanent).

From all of the above, it follows that the mother has every right to file for alimony, even if the woman gave birth outside of an official marriage, and the child is not registered as his father on the birth certificate.

However, be prepared for the fact that the trials will last a long time, since the defendant may not appear at the hearings and evade the examination.

Source: https://krugompravo.ru/alimenty/uplata-alimentov/kak-podat-na-alimenty-esli-my-ne-v-brake-i-rebenok-ne-zapisan-na-otca.html

How to apply for child support if we are not married, but the child is registered with the father?

In recent years, civil marriage has become increasingly popular. The main disadvantage of cohabitation is the lack of mutual marital rights and obligations. Therefore, women have a question: “How to apply for alimony if we are not married, but the child is registered with the father?” Let's look at the procedure.

Collection of alimony outside of marriage

Cohabitants rarely raise the issue of registering their marriage. Therefore, in the event of the birth of a child, it can only be registered in the name of the mother. A dash is placed in the Father column.

The law provides for the possibility of entering information about the father later or on the day of birth registration. To do this, a man can file an application to establish paternity. A specialist from the Civil Registry Office will review the application and issue a certificate of paternity.

If a man does not want to resolve the issue voluntarily, then the child’s mother has the right to go to court. A request for genetic research can be attached to the statement of claim. In case of a positive result of the examination, paternity will be established by a court decision.

In these cases, from the moment the father’s information is entered into the children’s documents, he is obliged to pay financial support for the minor.

However, the law allows the child’s mother to enter data from her own words. The woman herself chooses who to indicate in the Father column. In this case, the child and the man do not have mutual child-parental rights and responsibilities.

Important! A man’s parental responsibilities arise from the moment the data is entered into the birth certificate, regardless of the presence/absence of marriage ties between him and the minor’s mother.

Payment options

The mother must act in the interests of the child. Therefore, in order to protect the property interests of a minor, a woman must raise the issue of financial support.

The law provides the following options:

• notarial agreement;
• application to the magistrate's court.

• How to increase the amount of alimony
• The procedure for establishing paternity through court

Notarial agreement

The Family Code provides for the possibility of voluntary settlement of the issue of payments. To do this, the parties must enter into an agreement.

The parties to the document will be:

• mother and father of a child aged 0 to 13 years;
• father and child aged 14 to 18 years (mother gives consent).

The document is drawn up in writing by a notary and is subject to notarization. The amount of payments cannot be less than what the child would receive if collected in court. However, the final amount is determined by the parties.

The amount can be set:

• in the form of a fixed payment;
• as a percentage of income.

The price of services varies depending on the subject of the Russian Federation. The cost of registration in 2020 in Moscow is 8,000 rubles. In the Kaluga region, from 5,000 rubles..

If the father refuses to make payments, the woman can submit the agreement to the FSSP for enforcement. There is no need to go to court again to recover funds.

Judicial order

If the father refuses to provide financial support for his son or daughter, the mother must go to court. An application is submitted for this purpose. The document is submitted to the magistrate's court.

A woman has the right to direct him:

• to the judicial authority at the place of residence of the father;
• to the court district where the child is registered.

The applicant independently determines the collection procedure. Funds can be withheld as a flat amount or as a percentage of the official income of the alimony provider.

Procedure

The applicant’s algorithm of actions:

1. Collection of documentation.
2. Drawing up an application.
3. Referral to the Magistrates' Court.
4. Obtaining a court order.
5. Transfer for execution.

Collection of documents

To complete the application, you must collect the following documents:

• mother's civil passport;
• child's birth document;
• copy of father's passport;
• information about the father's income;
• a certificate from the passport office about the place of registration of the child.

Important! The mother of a minor does not pay a fee when collecting financial support.

Drawing up an application

It is not difficult to file an application to the Magistrates' Court. Samples are often displayed on stands in court.

The document must include the following information:

• name and address of the court site;
• applicant's details, including address;
• details of the minor's father, including address and telephone number;
• title of the application;
• information about the birth of the child;
• data on establishing paternity (voluntarily, through the court);
• reference to law;
• requirement for collection of material security;
• application description;
• date and signature.

Download Statement of Claim to establish paternity and collect alimony

Important! Requirements may include both the collection of alimony and the withholding of payments for the previous 3 years.

Getting a solution

Documents are reviewed within five days. After which an order is issued. It is sent to the defendant by mail.

The citizen must sign for receipt. After which, he has 10 days to cancel the document.

The order is given the force of a writ of execution. Therefore, the woman must take it to the bailiffs.

Following actions:

1. Submission of the order to the FSSP at the place of registration of the payer.
2. Filing an application for recovery.
3. Providing an account number for transferring funds.

The presence/absence of a marriage between parents has no relation to payments of financial support for the maintenance of children. The father must provide financial support until his son or daughter comes of age. The issue will be resolved in a general manner.

Source: https://pravoved365.ru/pravo/semejnoe-pravo/kak-podat-na-alimenty-esli-my-ne-v-brake-no-rebenok-zapisan-na-otca