Alimony for a child out of wedlock. How to avoid child support out of wedlock legally If child support is out of wedlock

Legislative regulation of alimony legal relations is aimed at protecting socially unprotected groups of the population, including minor children born to parents who have not officially registered their family.

Such children, according to the norms of the family Russian law, have similar personal and financial rights with children born in a complete family. Accordingly, maintenance payments for an illegitimate child must be made by the alimony payer in the generally accepted, standard manner. At the same time, the procedure for assigning maintenance payments in favor of illegitimate children has its own legal nuances.

The category of illegitimate children includes minor citizens who were not born in the family. The legal term "not in the family" means that the parents of the child at the time of his birth were in a so-called civil marriage or did not live together at all.

In practice, there are many reasons why a couple did not register their marital relationship, but, from a regulatory point of view, the fact of the absence of an official family does not at all affect the obligation of each parent to take care of a joint child. Therefore, both parents must provide for him in the same way as if the baby was born in a registered marriage.

The basic difference between alimony for an illegitimate child and financial assistance in favor of children born in the family is the need in the first situation.

By general rule, the obligation to support and educate minor children is assigned equally to two parents. Therefore, the father (mother), who lives separately from the child, must constantly provide him with material support until adulthood.

However, in cases with illegitimate children, the biological father of the child is not always indicated in the documents as a parent. Therefore, his paternity has to be proven. And only then, with paternity officially established and recorded in the documents, it is possible to forcibly call on the father to the obligation to constantly provide financial support to the minor.

Main legal act regulating the conditions and procedure for collecting alimony for illegitimate children, is the Russian Family Code.

How is paternity established?

If, during marriage, the paternity of a baby born into the world is established automatically, then in case of an unformed relationship, either the consent of both parents is required, or

Accordingly, the legal basis for the recovery of alimony for children born out of wedlock is one of the following circumstances:

• in the children's birth metric, the "Father" column contains reliable information about the father of the newborn, who agreed to "paternity", and the baby was registered with his direct participation;
• paternity is recognized in the courts at the initiative of either parent.

If both parents of the newborn agree to record the man as the father of the baby, it is advisable for him to make an appropriate entry in the child's birth certificate immediately after the birth of the child.

In all other situations, when the father was not immediately indicated in the certificate, paternity must be proven in courts in order to recover maintenance payments for an illegitimate child. This also applies to situations where both parents have reached agreement and wish to voluntarily establish paternity.

True, in the latter case, the judicial procedure is greatly simplified, since the presentation of evidence of kinship is not needed either. But if the man does not agree to register his paternity, then the mother of an illegitimate child will need to prove to the court that it is the defendant who is the biological father, who is obliged to pay maintenance payments for the maintenance of his child.

Based on judicial practice, the most recognized by the court argument and evidence in establishing paternity today are the results of a genetic examination.

How is alimony assigned?

Alimony payments without marital relations are assigned and paid according to a similar scheme as in ordinary situations with the official registration of a family in the registry office, but again with nuances regarding the recognition and establishment of paternity.

Official alimony for illegitimate minor children, as well as for children born in marriage, can be assigned (determined) in the following ways:

• through the court at the request of the interested party;
• on the basis of a maintenance agreement certified by a notary.

If the father agrees to provide sufficient financial assistance an illegitimate child, you can do without the collection of maintenance payments. In case of voluntary payment of alimony payments, the parties themselves can agree on the amount, procedure for payments and their frequency. In the absence of an agreement between the parents, maintenance payments will be determined by the judge on the basis of general legislative rules.

Alimony by agreement of parents

The legislator regulates the right of parents to mutually agree on the upbringing, financial support and residence of common children. Since an oral agreement is not a sufficient legal basis for the collection of alimony payments, and it can be violated at any time without legal consequences for the offender, it is advisable to fix all issues agreed by the parties in writing,.

Such an agreement can include almost any point regarding the financial maintenance of the child and his upbringing: the amount of maintenance payments, their frequency, the procedure and terms of payments, the living conditions of the minor, the frequency of meetings with the parent, etc.

Notarization of legal documentation that defines aspects of alimony legal relations provides legal guarantees. Agreements certified by a notary public become binding on the parents, and the alimony parental agreement itself acquires legal force. writ of execution.

With the voluntary agreement of the parents, financial support for an illegitimate child can be provided not only in monetary terms, but also in the form of the purchase of things, school supplies, etc.

The amount of alimony payments depends only on the mutual desire of the parties or on a compromise solution they have found, prescribed in the alimony agreement. The amount of the payment can either be determined by a percentage of the parent's earnings, or be a fixed amount of money.

At the same time, the amount of payments determined by the maintenance agreement, according to the regulatory rules, cannot fall below the minimum provided by the legislator. For example, when the parties agree on a fixed amount of maintenance payments, it cannot be determined below the regional subsistence level.

Compulsory assignment of alimony

The procedure for applying to the courts for the interested party to demand maintenance payments to an illegitimate child depends on whether paternity has already been established. When paternity is established, a simplified procedure for legal proceedings is possible. IN otherwise litigation needs to be initiated.

When parents of illegitimate children (subject to established paternity) cannot peacefully establish alimony legal relations, the parent who actually cares for minors may initiate the recovery of financial assistance through the courts. To do this, you need to make an application to the world court at the place of residence. In the situation under consideration, the legislator exempts the plaintiff demanding maintenance payments from paying the state duty.

If the fact of paternity is not documented, it is advisable for the interested party to simultaneously file a claim for the payment of alimony and the establishment of paternity by the court.

Thus, in court it is possible to achieve the appointment of maintenance payments in favor of an illegitimate child in the following situations:

• the biological father of an illegitimate baby considers him his child and officially recognizes this fact, but does not provide financial support;
• in the children's birth certificate, the man (the defendant) is recorded as the father (as already mentioned, this can be done at the birth of the child or in the course of legal proceedings);
• the man does not recognize paternity, but the mother of the child will try to prove this fact in court as part of the case to recover maintenance payments from the defendant.

If paternity is not established, a compulsory genetic examination may be ordered in the course of legal proceedings, which the plaintiff must initially pay for. However, if evidence of the defendant's paternity is obtained, the judge will oblige the latter to reimburse the cost of the research procedure.

After paternity is certified in court, the procedure for the forced collection of maintenance payments from the father will take place in the standard manner according to general legislative rules.

If an illegitimate child is fully supported by the father, the obligation to make maintenance payments falls on the mother of the minor. Then all the above rules apply to the mother: she must pay financial support if her motherhood is proven.

Alimony payments can be appointed by the judge as a percentage of the income of the alimony payer or in a fixed amount.

It is possible to collect alimony for minor children even if the marriage between the parents never been imprisoned, that is, even without marriage. However, in this case (if the relationship with the father has not been registered), the person caring for him does not have the right to demand maintenance for herself.

Agreement on the payment of alimony in a civil marriage

If the parents are not married, but paternity of the child is established, the most convenient and less expensive way to process alimony is the conclusion of a notary (Article 99, 100 of the RF IC), endowed with the legal force of a court writ of execution.

To make an agreement, parents need to:

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

In case of non-fulfillment of the payment terms reflected in the document, the agreement can be transferred by the creditor directly to the place of work of the person liable for maintenance for the subsequent one (Article 109 of the RF IC) or to the bailiff service for.

How to sue alimony for a common-law husband?

If the parent evading maintenance is against concluding a notarial agreement, it is only possible to recover child support from him:

Sample application to the world court for the issuance of a court order

A sample application for the issuance of a court order in the case of the recovery of alimony for a child without marriage is possible.

Claimant: Simonenko Oksana Valerievna,
Bryansk, st. Beregovaya, 14-2, tel. xx-xx-xx

Debtor: Burov Yury Ivanovich,
Bryansk, st. Orlovskaya, 114-26, tel. xx-xx-xx

Application for a court order for the recovery of alimony

From relations with the debtor Yury Ivanovich Burov, there is a minor daughter, Yulia Yuryevna Burova, born on February 22, 2013. After the birth of the child, we, the parents, by mutual agreement, established the paternity of the girl in the registry office of the Bezhitsky district on 03/23/2013. While living together with me and my daughter, Burov Yu.I. took care of us, the decision not to enter into an official marriage was our mutual desire.

However, in 2018, the defendant admitted to cheating on me and decided to leave me and my daughter. I spent a lot of time trying to maintain a relationship with him, forcing him to see the child, to participate in the upbringing of his daughter. Despite this, Burov in May 2018 married c. Kotova E.V., who is currently expecting a child from him. After leaving my family, Burov does not help me and my daughter financially, help from him came for the entire 2018-2019 year only three times: he came to his daughter and gave me 1,000 rubles each. My earnings will not be able to fully meet the needs of my daughter, even for her normal existence (including payment for food and utilities).

Considering that parents are equally obliged to support their minor children (Article 80 of the Family Code of the Russian Federation), the preservation of the rights of children born to parents without official marriage registration (Article 53 of the RF IC), as well as the provision of Art. 81 of the RF IC, obliging to collect 1/4 of all income of the payer for the maintenance of the 1st child, taking into account the lack of maintenance obligations for other children from the debtor, on the basis of Art. 121-124 Code of Civil Procedure of the Russian Federation,

PLEASE COURT:

1. Issue a court order on the appointment of alimony in the amount of 1/4 share of the income of the debtor Yuri Ivanovich Burov, born in 1980, a native of the village of Suponevo, Bryansk region Bryansk region, in favor of the claimant, Simonenko Oksana Valerievna for the maintenance of her minor daughter, Yulia Yuryevna Burova, born on February 22, 2013.
2. From the payment of state duty - exempt.

Attached documents:

1. Copy of applicant's passport.
2. Copy of the child's birth certificate.
3. A copy of the certificate of paternity.
4. Certificate from the place of work of the debtor Yu. I. Burov about wages.
5. Certificate from the place of work of the claimant on wages.
6. Copies of payment receipts for kindergarten.
7. Copies of utility bills.

May 10, 2019 _____________ O. V. Simonenko

Sample application for alimony in a civil marriage

A sample statement of claim for the recovery of alimony for a child out of wedlock (i.e. if his parents were not married) can be downloaded at separate file.

To the Magistrate's Court of the Bezhitsky District of Bryansk
Bryansk, st. Young Guard, 41

Claimant: Elena Ivanovna Ostapova,
Bryansk, p. Tolmachevo, 2B, tel. xx-xx-xx

Respondent: Bereznyak Anton Yegorovich,
Bryansk, st. Kuibyshev, 12-10, tel. xx-xx-xx

Statement of claim for the recovery of alimony in favor of minors Yegor Antonovich Bereznyak, Stepan Antonovich Bereznyak

05/12/2011 from joint relations with gr. Bereznyak A.E. I gave birth to twins Egor and Stepan. Since the father of the children and I were in a civil marriage and were not going to formalize the relationship, Bereznyak A.E. established paternity in the registry office and has been the father of the children since 06/04/2011.

We did not live together with the defendant, we did not run a joint household, I did not ask him for material assistance to my sons, because I had a decent salary, a big house, a car, and did not want to depend on him. I never interfered with the defendant's communication with his sons, he met with the boys whenever he wanted, on my and his territory, as well as in places of mass recreation and entertainment in the city of Bryansk.

At the end of 2018 (November), I was dismissed from my post due to staff reduction, transferred to the reserve. To date, I have not been offered a similar position, therefore, in order to support my two sons, I got an unofficial job as a sales assistant at the Lime company, my salary per month is 14,000 - 16,000 rubles, which does not allow me to support children, ensure their former standard of living, continue to develop (art school, tennis, language courses). The costs of maintaining the house and car are also borne only by me. I cannot sell the car, because it is the only way to get around (we live outside the city, I work in the Bezhitsky district of the city, I take the children to Lyceum No. 1 in Bryansk every day).

The defendant, knowing my life situation, does not provide material assistance to us and the children, which allows us to ensure a normal standard of living for our sons, despite the fact that he has a stable income, is officially employed.

A child is a little person who, due to his age, cannot support and provide for himself on his own. This is the responsibility of his parents. Even if the parents are not in a formal relationship, both are responsible. Therefore, if the father refuses to financially help such a child, the woman-mother can apply for alimony for the illegitimate child.

An illegitimate or illegitimate child is a boy or girl born to a man and a woman who is not in an official relationship. This term applies to children born during the period of cohabitation of his parents or from an outside woman, not his wife. In order for the baby to be considered an “official” child, an alliance must be concluded between the parents in the registry office.

For a long time, there was a negative attitude around the world towards children born in unregistered relationships. They didn't even have any legal rights. But over the past decades, the trend of out-of-wedlock births has changed dramatically. In some European countries, the number of babies born out of official relations is approximately 50%. In Latin American countries, the birth rate of such children is 80%. In Russia, this figure is equal to 25%.

IMPORTANT! The law of the Russian Empire of July 3, 1902 changed the attitude towards such children, and equalized their rights with legitimate children. Therefore, a child born outside of official relations has the same rights to attention and financial assistance from the father as the children of his official family.

Regulatory framework

“The child is registered immediately after birth and from the moment of birth has the right to a name and to acquire a nationality, and, as far as possible, the right to know his parents and the right to be cared for by them.” - this is what paragraph 1 of Art. 7 of the UN Convention on the Rights of the Child.

None of the legal documents specifies an "illegitimate" child. All children are equal and their rights are spelled out in the following documents:

• UN conventions on the rights of the child
• declaration of the rights of the child
• Constitution of the Russian Federation
• Law on Basic Guarantees of the Rights of the Child in Russian Federation»
• Family Code of the Russian Federation

first four normative documents describe general rights and guarantees for children. The Family Code describes in more detail what a child can count on, his rights and responsibility for violating obligations towards the baby. In Art. 49 of the RF IC outlines voluntary and compulsory options for confirming paternity for a baby born outside of official relations. The main decisive document for recognizing a man as the father of a child is the birth certificate of the baby, or rather, an entry in the registration book. There are several options for filling out the "Father" column in it:

1. Application from both parents.
2. Father's statement.
3. Recording according to the decision of the court.
4. Recorded from the words of the mother.

Any kind of record, except from the words of the mother, is not subject to dispute. The applications were submitted on a voluntary basis, the court decision based on the results of the genetic examination is not subject to refutation. Any court will confirm this. And for confirmation uses Art. 49, art. 51 and Art. 52 RF IC.

Recovery of alimony for children out of wedlock

Equal rights between children from different women or from informal relations are spelled out in Art. 53 RF IC. Since officially there is no difference between children, the responsibility of a man to them is equal. The second woman can claim alimony for an illegitimate child if there are children in an official marriage. To do this, she can apply to the court. But, first you need to try to amicably resolve this issue.

If a man has a child out of wedlock, and he is recorded as a father on the birth certificate, he is obliged to financially help the baby until he becomes an adult. The law provides for two options for resolving issues of alimony: through a notary and through a court. What is the difference between these methods, we will show in the table.

To conclude a peace agreement, both parents, original passports and birth certificates of the child are needed.

When a man does not provide financial assistance to a child and when he denies paternity, women wonder how they can file for child support for an illegitimate child. In such cases, a double claim is filed, which describes two requests - to help establish paternity and the recovery of alimony. A sample application for alimony for an illegitimate child and the establishment of paternity is possible.

How is child support percentage calculated?

According to Art. 81 of the Family Code of the Russian Federation, the parent is obliged to compensate the amount of funds for the maintenance of the child in the following amounts, relative to his income:

• 25% per child
• 33% for two children
• 50% three or more children

There are also cases when the court appoints a fixed amount of compensation.

IMPORTANT! In cases where a peace agreement is drawn up, it must also be taken into account that the amount of funds for the maintenance of the baby should not exceed half of the father's income. These dimensions must not be exceeded.

Imagine a situation where one woman gave birth to a child from married man. He refused to acknowledge paternity and she sued him for almost half of his income even though he had a wife and children. The woman wanted to live comfortably with her child on this money. The court granted her claims in part. The amount of alimony was reduced to 2,500 rubles. When filing an application with the court, the woman did not take into account the amount of alimony and the minimum living wage on children.

Making alimony for a child born out of wedlock

Despite the fact that the law is usually on the side of the mother of the child, there are points that depend on the position of the man. This applies to the recovery of funds for the maintenance of the child.

Options and ways to resolve the issue of alimony:

1. The father is listed on the birth certificate. This entry is carried out by the registry office by the voluntary decision of the man. Based on this, a woman can demand a peaceful solution to the issue or go to court.
2. The man is not recorded as a father or there is a mark in the registration book “according to the mother”. First, paternity must be proven through witnesses, neighbors or documentary evidence and using genetic testing. After that, the woman files for alimony.
3. The man acknowledges paternity. The easiest way to resolve the issue of financial assistance is an agreement. In case of disagreement, the mother sues.
4. The man renounces paternity. In this case, the woman is forced to go to court with a double claim - to establish paternity and compensation for the maintenance of the child.

Women, if you are going to give birth from your partner or from a man who is not your husband, you need to take care of the future of the baby. The law provides for the assistance of two parents. As shows arbitrage practice Not all fathers agree to recognize an illegitimate child. Be prepared that you may have to defend the rights of the child in court. But, it is better to give birth in official relations or from a man who agrees to share parental responsibilities with you.

The obligation to maintain minor children is determined by law equally for both parents. It does not matter whether the marriage is formalized or there are extramarital affairs. The procedure for collecting alimony is identical, however, in the absence of documented marital relations, there are certain nuances.

Should a man pay child support for an illegitimate child?

Children born in a civil marriage are equal in rights to those born in a registered relationship. This provision gives grounds to require the parent to pay child support in accordance with the procedure established by law.

The procedure can also be initiated in a situation where the couple did not live and in a civil marriage. Payments are made forcibly through the court, however, if there is agreement between the parties, alimony can also be accrued on a voluntary basis.

It is important to know...

The key aspect for collecting alimony for an illegitimate child is the establishment of paternity. In this matter, there are two ways that give the right to receive payments:

• the parent was present at the registration of the birth certificate and agreed that his data fit into the document;
• illegitimate paternity is recognized by the court forcibly at the initiative of one of the parents.

Separately, the situation is singled out when a minor is adopted by the second spouse. The official consent of a citizen who is informed that the child is not his is equated to full-fledged paternity with all the ensuing consequences for the payment of alimony.

Experts in the field of law and family law draw attention to the fact that the absence of a second parent in a birth certificate is not always a malicious evasion of the obligation to support an illegitimate child and pay alimony. There are several reasons why there may be a dash in place of the father in the document:

• the citizen could not be present at the registry office at the time of registration of the birth certificate;
• the father does not know about the existence of an illegitimate child;
• the mother does not want to enter the biological parent.

Regardless of the reasons sought, the first step in the calculation of alimony will be the establishment of paternity. The procedure will vary depending on the conditions:

• both parents are included in the certificate - no additional measures to establish paternity are required, alimony can be paid both voluntarily and involuntarily;
• the father did not know or could not be present at registration, but he does not refuse an illegitimate child - the parents apply to the registry office and amend the document giving the right to alimony;
• the parent does not recognize paternity and refuses to support an illegitimate minor - you can claim payment through the court on the basis of establishing paternity.

The case when the mother refuses to include the father in the birth certificate is considered separately. Without documentary evidence, she cannot claim child support for an illegitimate child. However, these may be required by the guardianship authorities if the mother has died, has been declared incompetent, or has been deprived of parental rights.

How to collect alimony for a child born out of wedlock peacefully?

The easiest way to get child support for an illegitimate child is to enter into a voluntary agreement. To do this, parents turn to a notary who documents the consent of the parties.

Pay attention to the presence of both parents in the birth certificate of an illegitimate child. If the father is absent from the document, but assumes obligations to pay alimony on a voluntary basis, then it is understood that he recognizes the illegitimate child as his own. This gives him not only duties, but also rights in relation to the minor.

That is, to determine documentary paternity when mutual consent and the conclusion of an agreement may not be necessary. However, such registration may be required by a notary or one of the parents in order to avoid misunderstandings.

The procedure for voluntary approval of the payment of alimony for the maintenance of an illegitimate child implies certain stages:

• the parties discuss all the accompanying conditions: sizes, frequency, methods of payment - a one-time payment of alimony or the transfer of certain property is allowed if this method suits both parties;
• a package of documents is submitted to the notary institution, including the passports of the parents, the birth certificate of a minor, a certificate of paternity, if necessary, a certificate of income from the place of work, as well as details of the account to which payments are supposed to be accrued;
• the services of a lawyer are paid, after which the notary draws up an agreement on alimony in accordance with the agreements reached;
• both parents receive the original agreement, certified by the details of a notary, as well as the signatures of the parties.

The received document has the force of a writ of execution, legally approving the obligation to pay alimony for an illegitimate child. All the nuances and consequences are explained by the notary in the course of drawing up the agreement.

Procedure through the court

Recovery of alimony for a child born out of wedlock, in the absence of the consent of one of the parents, is carried out only through the court. The key aspect in this matter is the definition of paternity. There are two types of procedures - on the initiative of the father in the absence of the consent of the mother or on her initiative with the evasion or disagreement of the second parent.

To prove one's paternity, the parent submits a statement of claim with the following list of documents:

• identification;
• birth certificate of an illegitimate child;
• evidence of paternity - a DNA test, testimonies, photographs, other documentation directly or indirectly confirming family relationships;
• if necessary, a document confirming the death of the mother, declaring her incompetent or deprived of parental rights.

Such a procedure is relevant in the case when the father wants to retain the rights to an illegitimate child and communicate with him, while agreeing to pay alimony, but is faced with opposition from the mother. Much more often, she herself has to prove paternity and demand maintenance for an illegitimate child.

Procedure In this case, the procedure is the same:

• a statement of claim is filed, which may include both a request for the establishment of paternity by force and a requirement for the payment of alimony;
• the defendant and witnesses are invited to consider the case, if the illegitimate minor has reached the age of ten, his presence is also mandatory;
• the court has the right to forcibly appoint an examination to establish paternity in relation to the defendant;
• if the test is positive, a case for the calculation of alimony for an illegitimate child is considered in accordance with the general procedure.

It should be borne in mind that all the costs of conducting tests and examinations are initially borne by the plaintiff. However, if the test is positive, the court has the right to oblige the defendant not only to pay alimony, but also to reimburse all expenses incurred by the applicant.

Sample claim

To assign alimony to an illegitimate child, the plaintiff submits a statement of claim to the Magistrate's Court. The document specifies the following aspects:

• the address of the judicial institution;
• contact and passport details of the plaintiff and defendant, in the absence of any of the second - the last known;
• brief information about the circumstances of the case, the birth of an illegitimate child and the status of the relationship between his parents;
• a list of documents directly or indirectly confirming paternity, in their absence - a request for the appointment of a forensic examination;
• a request for the recovery of alimony for an illegitimate child;
• a list of witnesses and documents attached to the claim;
• date and signature of the complainant.

The statement of claim for alimony for illegitimate children is filed with the court at the place of residence of the defendant. If this is unknown - at the place of his residence or the last known address. It is allowed to file a claim at the place of residence of the plaintiff, this option is also relevant if, due to the care of a minor, it is problematic for the plaintiff to travel to another city or region.

List of required documents

TO statement of claim For the collection of alimony for an illegitimate child, the following list of documents is attached:

• the plaintiff's passport and the birth certificate of an illegitimate child;
• papers about the alleged father: certifying documents or copies, certificates from the place of work, other documents;
• evidence of paternity: a positive DNA test, evidence of cohabitation, photos and videos, payment and other documents;
• certificate of residence of an illegitimate child with the plaintiff;
• certificates and receipts proving the size wages the plaintiff, as well as paid bills for the maintenance and upbringing of the child.

In order to collect alimony through the court, unofficial materials are also attached to the statement of claim, according to which the defendant indirectly confirms paternity. Among them are records telephone conversations, messages, other materials, according to which the parent did not deny or agreed with family ties, but refused to pay alimony.

How much payout can you expect?

In the legislation of the Russian Federation there are no strictly stipulated values ​​for which alimony is paid. However, there are a number of aspects that should be guided by when concluding a voluntary agreement or collecting alimony for an illegitimate child through the courts.

The first factor is the equality of parents. Regardless of the registration of the relationship, both bear the same responsibility for the maintenance of an illegitimate child. Based this factor the plaintiff may claim from the defendant only half of the amount necessary for the maintenance of the minor.

When concluding a voluntary agreement, the amount of alimony for an illegitimate child cannot be lower than the level that would be determined by the court. When considering a case in court, the amount of payments is determined on the basis of the following data:

• the material well-being of the plaintiff and the defendant, the amount of wages, ability to work;
• requirements for the care of an illegitimate child, including utility bills, education, treatment, or other factors;
• having other illegitimate or legitimate children.

In the latter situation, attention is paid to the well-being of all minors. In calculating the amount of alimony for an illegitimate child in the presence of children from other marriages, up to 25%, 33% and 50% of the income for one, two, and three (or more) minors can be withdrawn from the debtor. If they are from different marriages, then the amount charged is at least 16% for each.

Now quite often we hear the following expression: They live in a civil marriage. Under it, the gross number of our compatriots is understood as living in the same living space, joint housekeeping, raising children (if any), but at the same time they did not register their marriage in the prescribed manner, that is, they do not have a marriage certificate.

But such an opinion is erroneous. Consider the concepts: civil marriage and official marriage from a legal point of view. As seen in the legislation, both named terms are identical. In other words, it will require the passage of an official marriage procedure. And relationships that are not registered under the law are called cohabitation.

It does not matter official marriage or cohabitation, children appear in families.

Some look forward to it, while others just get it. Far from always, a man readily agrees to recognize himself as the father of a newborn. He simply leaves in the circumstances and leaves the woman herself to solve all the problems related to the upbringing, maintenance, and education of the child. But, according to the law, even children born out of wedlock have the right to decent maintenance. This obligation is imposed on both parents, and it does not matter whether they were married or not. Children should not suffer from their negligence.

The Family Code acts as the main law that regulates all relations that arise between parents and their children. Let's turn to Art. 48 of this regulatory legal act. It is directly connected with children, or rather with their origin.

As seen from paragraph 3 of the said legal norm, in cases where the parents are not officially married, paternity can be established in one of the following ways:

• a statement that both parents jointly wrote and signed;
• the biological father single-handedly submits a written application to the registry office. There are good reasons for this procedure:
  • the mother of the minor has died;
  • recognition of the mother of a minor as incompetent, while this fact is confirmed by the relevant documents;
  • it is impossible to establish the location by all available methods, methods and means;
  • The court terminated the mother's parental rights.
• But for this, in addition to the application itself, it will be necessary to contact the guardianship and guardianship authority and obtain their consent. If there is none, then you will need to provide a court decision to the registry office;

• filing a joint application to the registry office of future parents who did not legalize their relationship until the birth of the baby. This is possible if it is impossible or difficult to apply at the time of the birth of the child. For example, the future dad has to go on a long business trip. Next, we turn to Article 49 of this Code. In her we are talking on the establishment of paternity through the court, that is, when the father of the child voluntarily does not want to recognize himself as such.

In a few words, let us dwell on the norms that are enshrined in the Decree of the Plenum of the Armed Forces of the Russian Federation No. 16 of May 16, 2017. It directly concerns the peculiarities of the application by the courts of the law related to the establishment of the origin of children when considering this category of cases in court. In particular, we are interested in paragraph 15 of the named document.

Based on its content, it is seen that only the courts have the right to consider the issue of the origin of the child, if a joint application for establishing paternity has not been submitted from persons who are not in official marital relations. IN this case a statement of claim can be filed not only by one of the parents, but also by the guardian or custodian, the person who is dependent on the child, as well as the child himself, but only after reaching the age of majority.

The same is enshrined in the Family Code in Art. 49.

Further, the same paragraph reflects the provisions of paragraph 3 of Art. 48 of the UK, according to which paternity can be established unilaterally, by submitting an appropriate application by the pope. But here it will be necessary to apply to the guardianship and guardianship authority with a request for permission. In cases where the named body does not give its consent, the interested party files a claim with the court. When, even before the beginning of the consideration of the stated claims in court, it is established that there was no such appeal, the court returns the application to the plaintiff.

If the paternity case was initiated, but the court became aware that the plaintiff did not apply for consent to the guardianship and guardianship authority, then the application remains without consideration. In this case, the court explains to the interested party his right to apply to the named body to obtain consent.

Ways to establish paternity

It is not uncommon for women to choose not to include their father's details on their birth certificates in order to receive state-sponsored single mothers' allowance. If, after the expiration of time, at the request of one of the parties, the fact of paternity is established, then the payment of benefits to the woman as a single mother is terminated. Now, in order to recover the money, she will need the voluntary consent of the man (if he has the means to pay alimony) or oblige him to pay cash for the maintenance of his child in a judicial proceeding.

Below we will dwell on the voluntary and judicial procedure for establishing paternity.

Voluntary procedure for establishing paternity

This procedure provides for the submission of a joint application by future parents to the registry office of an application of the established form to establish paternity. In addition to the application itself, the parties will be required to provide the following documents:

• civil passports;
• if some time has passed since the registration of the newborn in the maternity hospital and until the establishment of paternity, a birth certificate is required;
• when the registration of the child and the establishment of paternity are carried out simultaneously, a certificate issued by the maternity hospital is submitted to the registry office;
• National tax. As for the establishment of paternity, the amount of the state fee is 350 rubles.

In life, a situation may arise when, at the time of the birth of a child, the father cannot come with the mother to submit an application. In such situations, the law allows you to write a statement of paternity in advance. But here, along with the application, a document is submitted that confirms the fact of the woman's pregnancy.

The amount of the state fee remains unchanged - 350 rubles.

Now such documents can be submitted to the relevant civil registry office in various ways:

• through a dedicated portal. One of the parents registers on the State Services website and in electronic format guides everything Required documents. On the appointed day, the parties will need to personally visit the named body and certify with a signature their consent in the application for establishing paternity;
• send the relevant documents through post offices. In this case, notarization of documents is required;
• oral statement.

It is not entirely correct to talk about the advantages of this or that method, since each life situation is considered individually and only future parents can decide which of the named options for establishing paternity will be the most optimal for each party.

Under such circumstances, as a rule, there are no questions about the payment of alimony for a child born out of official marriage.

Parents, at their own discretion, can draw up a maintenance agreement, on the basis of Articles 99 and 100 of the Family Code.

Judicial procedure for establishing paternity

With the voluntary establishment of paternity and the payment of alimony for the maintenance of children, everything is completely clear. Of great interest is the situation when the father of the child refuses to recognize himself as such. In such situations, a fairly large number of questions arise. Among them, one of the leading places is the establishment of paternity. Only after that it is possible to decide on the recovery of alimony for the maintenance of a minor.

Now, to confirm the biological relationship between a man and a minor, it is possible to conduct a DNA examination. To do this, you will need to provide biological traces of the alleged father and child. The burden of paying for the services of an expert lies with the applicant, however, upon confirmation of this fact, the plaintiff has the right to recover the costs incurred from the defendant.

In addition to the examination itself, the interested party has the right to present other evidence to the court, which will form the basis for satisfying the stated requirements. Such evidence may be the testimony of witnesses and eyewitnesses, personal explanations of the parties, audio-video evidence. The collection of all evidence in the case is assigned to the applicant, that is, to the interested party in this process.

But nevertheless, expertise still acts as the main evidence.

Not only the mother of a minor can act as a plaintiff in establishing the fact of paternity. Such a right, according to family law, is vested in guardians and trustees, persons who are dependent on the child, the child himself, after he reaches the age of majority. The plaintiff is directly involved in the course of consideration in the district court of the case on the merits of the stated requirements.

Steps to establish paternity in court:

1. Claim preparation.
2. Sending a claim to court.
3. Consideration of the case in court.
4. Making a decision by the court to establish paternity or to refuse to satisfy the stated requirements.

In addition, the law does not prohibit in one statement of claim to petition for the establishment of paternity and the recovery of alimony from the defendant.

As for the size of the state fee, when resolving the above issue through the court, it is 300 rubles.

In cases of appealing the decision of the first instance loan to higher courts, the state fee will be 150 rubles each time. Both parties, that is, the plaintiff and the defendant, have the right to appeal the court decision.

Contents of a claim filed out of wedlock

The statement of claim for the establishment of paternity and the recovery of alimony for a minor must contain the following information:

1. Introduction. Here we indicate the name of the court where the application is submitted, the data of the plaintiff and the defendant (full personal data).
2. Descriptive part. In it, it is necessary to state the circumstances of the case in as much detail as possible (cohabitation, pregnancy, the birth of a child, refusal to recognize him as a man, evidence that confirms the fact that he is the biological father of the child, etc.).
3. Petition for recognition as a father and for the recovery of alimony. With regard to alimony itself, the applicant may request that payments be established in a fixed amount of money or as a share of the income of the defendant.

The following documents are attached to the claim:

• identity document (civil passport);
• birth certificate of the minor in whose interests the claim is filed (it does not matter if the father is indicated in it or not);
• if the DNA examination was carried out before the consideration of the case on the merits, then the expert's opinion;
• certificate of income of the plaintiff and defendant, as well as the composition of the family.