✅ The procedure for collecting alimony for a child

The procedure for collecting alimony for a child

Recovery of alimony

Recovery of alimony in Zaporozhye is a fairly common practice and one of the most popular categories of cases in the city in the field of family law, which are considered by the courts.

Alimony is, in fact, regular cash payments to a parent who lives separately from the child and they are paid to the parent who maintains the child in order to ensure a normal standard of living for the child.

According to the family legislation of Ukraine, parents are obliged to support their children and take care of them until they come of age.

Payment of alimony from 18 to 23 years old

In addition, if, upon reaching the age of 18, the son / daughter continues their education and at the same time needs material support, the obligation to support their children with the parents continues until the son / daughter reaches the age of 23.

Basically, this is the age when a person has the opportunity to get higher education.

Such alimony obligations in Zaporozhye appear only if the parents can provide financial support.

Our lawyers advokat-skriabin.com are often asked such questions: how is the court for alimony in Ukraine going, the recovery of alimony for the past period in Ukraine, how to calculate the alimony, the procedure for collecting alimony by the executive service in 2021.

When is the best time to file for child support?

As a rule, the claim for the payment of alimony is filed after the divorce between the spouses has been formalized and, although there are cases when the spouses agree in advance on the issues of providing for the child before dissolving the marriage or during the divorce proceedings, nevertheless, most cases of collecting alimony in Zaporozhye arise after divorce.

But it is possible to collect alimony while married, for example, when one of the parents absolutely does not support the child financially, living separately or being on a long-term business trip.

The process of collecting child support

In addition, the collection of alimony does not always take place in court, in particular, when parents peacefully agree on the procedure for payment and the amount of alimony for the child.

Parents can verbally agree on material support for children or by drawing up a written agreement on the upbringing and provision of children, which must be notarized, otherwise, at the first dispute, it is easy to refuse to fulfill the contract due to its invalidity.

Parents can also draw up an alimony agreement, in which they agree on all issues related to the payment of alimony for children in Zaporozhye.

What is more convenient to agree on the payment of alimony, in the contract you can always prescribe the most convenient and acceptable conditions for fulfilling alimony obligations, indicating the method of payment, the amount, which, by the way, should not be less than the size established by law and other essential conditions.

Judicial procedure for the recovery of alimony

But as mentioned above, a small percentage of married couples resolve the issue of alimony amicably and there is always a litigation ahead to recover alimony.

The statement of claim for the recovery of alimony in Zaporozhye is filed according to the general rules at the place of residence of the defendant.

But, before drawing up a claim for the recovery of alimony, it is necessary to determine the amount to be collected and the method of obtaining alimony is possible in the situation.

Method for determining the amount of alimony

There are two ways to collect child support.

The first way is in a fixed amount of money.

This method of collecting alimony is established in the event that a potential alimony payer in Zaporozhye has an irregular, unstable income or receives part of the income in kind.

The second way is in a share of earnings.

The Family Code of Ukraine provides for the minimum amount of alimony, which is 50% of the subsistence minimum for one child of the corresponding age.

Thus, if the court sentenced alimony in a smaller amount, the child will still receive the missing amount in the form of the difference between the condemned alimony and 50%, this difference is reimbursed by the state.

Circumstances affecting the amount of alimony

When deciding on the recovery of alimony for a child, the court must take into account the health and financial situation of the child, as well as the payer of the alimony.

Often the reason for the decrease in the amount of alimony is the presence of other dependents of the alimony payer in Zaporozhye.

Circumstances that are significant when deciding on the recovery of alimony may be different depending on how the claims and objections of the parties to the process of collecting alimony will be substantiated.

Alimony is a kind of obligation to be fulfilled immediately after a decision is made to collect alimony in Zaporozhye, and at the same time, the obligation to pay alimony does not arise from the moment the decision is made, but from the moment a claim is made to recover the alimony.

Recovery of alimony for the past time

In addition, alimony can be collected for the past time, but no more than three years. In addition, the wife / ex-wife has the right to receive financial assistance during pregnancy and until the child reaches three years of age.

I would like to note that the issue of alimony is not so simple as it seems at first glance, and there are many cases when it is possible to demand alimony and when the payer has the right not to pay alimony.

Each situation is absolutely individual and the “so they say” option does not work.

Therefore, if you are faced with the issue of alimony, seek advice from a lawyer in Zaporozhye who is competent in resolving issues of collecting alimony, and you can get more information and professional assistance in collecting alimony, including when executing a court decision on the recovery of alimony.

Family Support Lawyer

The best solution in disputes on the recovery of alimony is to contact experienced family lawyers.

Alimony lawyer:

  1. will consult on your question;
  2. will help to determine the best option for solving the case;
  3. prepare all the necessary documents;
  4. will accompany you throughout the entire trial.

Our lawyers will do everything necessary for a quick and high-quality completion of the case!

Alexey Skryabin
family lawyer
Contacting us is a way to save time and money in resolving the issue of collecting alimony for children.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a child support case is to contact good family lawyers!

Up to what age can child support be paid?
Can child support be paid after 18 years of age?
In what order is the issue of collecting alimony resolved?

Useful site materials advokat-skriabin.com:

  1. Alimony after divorce
  2. Alimony as a share of earnings
  3. Alimony in firm cash
  4. Additional costs for the child
  5. Exemption of parents from paying alimony
  6. Agreement between parents on the payment of alimony
  7. Reducing and increasing the amount of alimony
  8. Child support for adults
advokat-skriabin.com

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Checked by Victoria on 23.06.21

ADVEGO

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always 3 0.34

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SKRIABIN
Up to what age can child support be paid?
Child support is paid until the child reaches the age of majority - up to 18 years.
Can child support be paid after 18 years of age?
Yes, child support can be paid up to the age of 23, if the child is studying at this age.
In what order is the issue of collecting alimony resolved?
The decision of the case for the recovery of alimony can take place in court or by agreement between the parents of the child.