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Alimony obligations аre used in legal relationships, which regulate the mutual rights and duties of parents, children, spouses, grandparents and others.
The parties having an alimony obligations may in an extrajudicial procedure conclude the agreement on payment of the alimony, their amount, the order of payment, indexing and etc.
The services of a lawyer on alimony are required in case of the unwillingness of citizens to participate personally in the judicial sessions or realizing the complexity of the proceedings.
The services of alimony lawyer includes: collection of documents, drawing up the statement of claim in court, filing a claim in court, participation in judicial session, obtaining a court decision on alimony payments and etc.
The recovery of the alimony is the based on the decision of the court and may be paid in fixed amounts or as part of all types of income, earnings.
Legal services concerning to the enforcement of alimony through thr court in Armenia:
• Legal consulting on issues of alimony, orders and terms of recovery, the amount of recovery.
• Drawing up the statement of claim, responses to claims, complaints on recovery of alimony;
• Conduct of recovery cases on alimony in court in Armenia;
• Detection of the debtor, the debtor's property and other assets;
• Collecting arrears and fines on alimony payments in a judicial order;
• Increase or decrease the amount of the alimony in the judicial order;
• Recovery of alimony in case of deprivation of parental rights;
• The collection of alimony and the establishment of paternity through judicial procedure;
• The recovery of alimony from the foreigner and the legalization of the court decisions for submission in abroad.
As a general rule, the alimony is paid for the child until the reach of the age of majority, but the exclusion is the payment of the alimony for adult child who continues education, for which it is also needed to apply with a claim to the court.
The size of the alimony for a child can be amounted to one quarter of the salary, for two children - one third, for three and more children – half of the income.
Which court to file a claim about collecting the alimony?
Collection of alimony and disputes about this are considered by the local district court. There are two options: to sue at the place of residence of the defendant or in the court of your area. If You plan to write a statement to the district court - in the final part of the claim make a link to the article 83 of the Code of Civil Procedure of Armenia.
In the header of the statement for collecting the alimony the court name is specified. It is necessary to specify also first name, last name and middle name of the claimant and the respondent, the residential address or locations, the postal index, numbers of means of communication if they are known.
In the introductory part of the application for the recovery of alimony should be indicated the presence of a common child. Indicating his/her first name, last name, middle name, date of birth, and also that the child lives with you.
The following part is motivation, here it is necessary to tell that the respondent participates in the maintenance of the child insufficiently or doesn't participate at all that doesn't render voluntary financial support to the child. It is possible to specify its place of work.
In the presence of the documents confirming that You have turned to the respondent with the request for the support of the child, but the respondent refused, it is necessary to specify in the complaint, and copies of the documents provide to the court. Good evidence will be the testimony of the witnesses, who will confirm that the Respondent does not voluntarily fulfill his obligations to support the child (children).
Alimony can be charged three months earlier from the date of filing a claim in court.
If the complainant wishes to receive support in the form of money, then should be chosen the form of alimony.
There are 2 forms - the percentage from the income and a firm sum of money. The method and amount of the alimony is determined by court, but in your statement You have the right to request the court to collect the alimony in a certain form and amount.
If the respondent has no permanent income the alimony is recovered in a fixed sum of money.
After this, in the applications should be listed all the documents, confirming the above said information. The statement of claim shall be attached to the copies of documents, but the originals are provided to the court for the review in the court session. To the application for the recovery of alimony should be enclosed: a copy of the passport, a copy of the child's birth certificate, certificate from the place of residence of the child, a copy of the certificate on the dissolution of the marriage of the parents or an entered into force court decision on the dissolution of a marriage (it's not optional, as parents are not always the former spouses).
The application for the recovery of alimony for all applications are delivered in the court office. Be sure to enclose a copy of the statement of claim with applications for the defendant, otherwise the application will not be accepted. You must also attach a receipt about payment of state duty.
If there is no time or desire to engage in self-recovery of alimony, you can always entrust it to a lawyer.
Thank you for your attention and responsibility, scrupulosity and reliability! For excellence and high level of competence in your chosen rather complex and sometimes controversial field of legal relationships!