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How to apply for maintenance
How to apply for child support u obligation relates to the recovery of children of both parents, sadly, not always in harmony with it
u obligations relating to the recovery of children of both parents, sadly not always fulfilled if one of them, whether married or decide to go ignored. Obligations, and the second proposal may be submitted to court for child support . / u
u obligation of support / u
duty to maintain the childs parent occurs when the childs birth and ends at the time of independence. If the child continues their education, even for an adult, or is able to to support themselves - for example due to unemployment, disability or mental illness -. then maintenance obligation continues
u maintenance obligation may arise between: / u
former spouse, spouse, brother, sister / ul
can also affect other relatives in the ascending - grandfather and grandmother - and descendants - children against parents, grandparents and grandchildren - a basis for liability in these cases ... involving a lack of self-satisfaction can not be justified in accordance with the needs person entitled to alimony
u have the right to file a complaint / u
If the childs parents live in separate, each of them - one with whom the child permanently inhabited -. has the right to apply to the court with a proposal for child support for child
In case of termination of marriage, divorce, divorce court decision determines the amount of expenses that each parent is required to have a child Alimony paid .. then in the hands of parents with whom the child normally lives, compared to a monthly stated in the judgment of the court
If the childs parents are separated - the real - or a child comes from a compound outside of marriage, and the parents live separately, the parent with whom the child is permanently resident may request the other parents legal obligation to pay the costs of child maintenance -. Of course if you do not do it voluntarily, therefore, no duty to maintain a marital birth, and not from the time of admission or judicial determination of paternity
u amount of child support / u.
During the proceedings, the court shall determine the amount of child support on an individual basis, taking into account the needs of the person entitled to maintenance and the possibility of earning money and property of persons liable.
u level of maintenance for the child affected by the following facts:. / u
legitimate needs of the child, the possibility of earning money and property from the scope of services the parents of the child by a parent liable for maintenance, personal care for the maintenance and education / ul
reasonable needs of children are those that provide normal living conditions and development These include among others: . housing, food, school supplies, etc. In the case of a sick child will also have to buy medicines or having medical costs related to the parent. to impose other obligations to participate in these costs, should, on request or at the request of the court to present evidence of his costs, for example, bills or receipts.
Speaking about the possibility of acquiring taxpayer to pay maintenance, the court takes into account the actually achieved, not only income, but earnings and profits that the individual can be achieved with the use of force and the skills held - not to receive them However, the reason unworthy of consideration
personal effort to keep children rely on parents to actively participate in his upbringing. not only relate to material reality. will certainly be in the form of different maintenance obligations of parents who are involved in the upbringing of children, and others As, for which the contact with their child is forced or occasional event. usual lack of interest in child and do not keep up with the contact leads to greater amounts of maintenance - the whole burden of responsibility for raising the child to the other parent the court is not bound by the recommendation of the request and depending on the circumstances may determine child support even larger amount than requested in the lawsuit
u Applying to the court ... / u
most common way to ask another parents child support process application shall be submitted to the Department of Family Juvenile and Family Court, the proper place of residence of the person entitled to maintenance and are suitable for the accused - to decide the reason for this is right to support or his legal representative. person who is a requirement for maintenance is exempt from court fees.
If maintenance authorized for two or more children, has for each of them, the amount being requested and a request for an amount that is more specific about. childs needs and suggest the possibility of earning money and property liable for child support - from the profession and the qualifications, financial situation and lifestyle -
u for submission of requests for maintenance must be accompanied by appropriate attachments: / u
copies of the petition for each participant involved in the case, copies of civil status, copies of the preceding sentence, the maintenance contract or plea agreement establishing child support, proof of the cost of living and education has the right to support, for example, the costs related to the education of children, the treatment costs incurred, compensation for an apartment, etc., a certificate of the childs health, if it has an impact the scope of the maintenance costs, proof of earnings - debt - parents, family members with whom the plaintiff remained in the same household / ul.
application with attachments shall be filed in the court office podawczym, but it can also be sent by post - at the recommended s -. the court shall inform the parties of the date and place of the hearing, the defendant shall serve a copy of the complaint and that it agrees to submit proof of income. may file a complaint, that evidence of the witnesses stated, in support of their arguments. a copy of this letter , the court shall give the persons request for child support.
u alimony judgment / u After
hearing - a hearing of the parties and witnesses reported - the court decides to hold
u During the proceedings the court may admit evidence of the form. / u
private - for example letters - or official documents, it is important for the cause of the act of the previous case, child support or divorce, supporting relevant circumstances - for example, division of property -. / ul
Court gives judgment was immediately enforceable, which means that immediately after the issue was subject to execution. feasibility refers to the rate after the date of filing the complaint in terms of rate prior to filing the complaint -. for a period not longer than 3 months of the complaint may include a request for measures caution, issuing a temporary court order on the basis of the defendant. can be an ongoing process is required to pay the plaintiff in terms of repeating a certain amount of money
seafront enforcement bailiffs / u
if the obligation to pay child support -. debtor, even
stating that the judgment is final and no appeal from it
If you need to pay child support fails to comply with this obligation and executive bailiff has no effect, in accordance with the Code of the family can apply for child support against the debtors immediate family to his parents, siblings or adult children -.
u legal foundation / u
Act of 25 February 1964 - Family and Guardianship Code - OJ 1964, No. 9, item 59, as amended d - .... Law of 17 November 1964 - Code of Civil Procedure - Official Gazette 1964, No. 43, item 296, as amended d - ....