✅ Contesting paternity, maternity of a person paying alimony by court decision

Contesting paternity, maternity of a person paying alimony by court decision

Contesting paternity, maternity of a person paying alimony by a court decision in Ukraine

Our family lawyers are often asked the following questions: Is it possible to go to court with a claim to exclude information about the person who pays alimony, as the father, mother of the child from the birth certificate? How to make a claim to contest paternity and exclude information about the father from the record?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Challenging the paternity, motherhood of a person paying alimony by court decision” and, if you have any questions, ask for legal advice from our family lawyers and lawyers who will provide you with business.

Contesting paternity of a person paying alimony in Ukraine

  1. The recovery from the person recorded by the father, mother, alimony for the child is not an obstacle to going to court with a call to exclude information about her as the father, mother of the child from the record of her birth.
  2. The Family Code presupposes the right to contested paternity, maternity of a person paying alimony by court order.

Obstacles to going to court to contest paternity in Ukraine

Moreover, according to this legal norm, the recovery from the person recorded by the father, mother, child support is not an obstacle to going to court with a claim to exclude information about her as the father, mother of the child from the record of his birth.

Our lawyers advokat-skriabin.com are often asked the following questions: disputing paternity Family Code, disputing paternity after the death of a person, a statement of claim to invalidate the paternity record, what rights the father of the child has if the marriage is not registered in Ukraine, recognition of paternity outside of marriage, the rights of the father a child out of wedlock in Ukraine. In this article, we will cover the main aspects of frequently asked questions.

The judicial practice of the Ukrainian SSR, which was set out in the resolution of the Plenum of the Supreme Court of the USSR of June 15, 1973 “On some issues arising in judicial practice on the application of the Code of Marriage and Family of the Ukrainian SSR” (clause 11), made it impossible to accept claims for challenging paternity if there was a court decision on the recovery of child support, which entered into legal force.

Later, the practice was somewhat changed and in paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Ukrainian SSR No. 16 of June 12, 1998 “On the application of certain norms of the Code of Marriage and Family of Ukraine by the courts” the following was noted.

An application for challenging paternity can be considered by the court only after the decision to recover alimony is canceled due to the fact that in both cases we are talking about a dispute between the same parties, on the same subject and on the same circumstances.

Family Code provisions on challenging the paternity of a person paying alimony in Ukraine

The Family Code has taken a more grounded position.

If the person is not the father, mother of the child and was established on the basis of a court decision, then he is not obliged to bear the maintenance debt in respect of the child.

In this regard, it is impossible to make the dependence on the existing alimony debt a condition for the exercise of the right to contest paternity, motherhood, since this contradicts the right to judicial protection.

Judicial procedure for considering cases on contesting paternity in Ukraine

Therefore, if the claim for challenging paternity, maternity is satisfied, the court decision on the recovery of alimony should be revised on the basis of newly discovered circumstances in accordance with the requirements of the Civil Procedure Code.

This position of the legislator is more correct, since alimony is collected while the paternity dispute continues and only after its completion is the court’s decision on the recovery of alimony reviewed.

Based on the results of reviewing such a decision on newly discovered circumstances, in case of confirmation of the absence of consanguinity between the person recorded as father, mother, and child, the court rejects the claim for the recovery of alimony.

Refusal of a claim in cases of challenging the motherhood of a person paying alimony in Ukraine

No less important is the issue of reversing the execution of a court decision on the recovery of alimony in the event of a refusal in a claim due to newly discovered circumstances.

According to Part 2 of Art. 445 of the Civil Procedure Code for cases of the recovery of alimony, the reversal of execution is not allowed regardless of the order in which the decision was made, except for cases when the decision was based on forged documents or on knowingly false information of the plaintiff.

Thus, it is possible to return unreasonably received alimony only on condition of proof of the fact that the revised court decision was based on forged documents or on knowingly false information of the plaintiff, which is too difficult to do.

Family lawyer in cases of challenging paternity, maternity of a person paying alimony by court decision in Ukraine

For an effective solution of a case on challenging paternity, maternity of a person paying alimony by a court decision, one should contact professional family lawyers.

Family lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

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

Contacting us is a way to save time and money in resolving the issue of challenging paternity, motherhood of a person paying alimony by court decision.

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 resolving a case on challenging paternity, maternity of a person paying alimony by court decision is to turn to good family lawyers!

If the article “Contesting paternity, maternity of a person paying alimony by court order” was useful for you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding challenging paternity, maternity of a person paying alimony by court order.

Frequently asked questions to a lawyer in Ukraine

☝ Is the payment of alimony for a child an obstacle to filing a lawsuit with the court to exclude information about him as the father, mother of the child from the record of his birth?
☝ Should a person who is not the father or mother of the child have to bear the child support debt?
☝ How does the payment of alimony take place if the claim to contest paternity, maternity is satisfied?

Useful site materials advokat-skriabin.com:

  1. The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren
  2. Control over the expenses of alimony
  3. Real estate for the payment of alimony
  4. Determination of the origin of the child whose parents are married to each other
  5. Determining the origin of a child whose parents are not married to each other
  6. Determination of the origin of the child from the father at the request of a woman and a man who are not married to each other
  7. Determining the child’s surname
  8. Determining the name of the child
  9. Determining the patronymic of the child
advokat-skriabin.com

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ADVEGO

alimony 25 2.94
paternity 24 2.82
solution 23 2.71
challenging 21 2.47
challenging paternity 20 2.35 / 4.71
family 18 2.12
ship 15 1.76
court decision 13 1.53 / 3.06
pay 13 1.53
paying alimony 13 1.53 / 3.06
maternity 12 1.41
paternity maternity 11 1.29 / 2.59
child 11 1.29
lawyer 10 1.18
maternity paying 10 1.18 / 2.35
maternity paying alimony 10 1.18 / 3.53
challenging paternity maternity 10 1.18 / 3.53
father 10 1.18
alimony to decision 9 1.06 / 2.12
alimony court decision 9 1.06 / 3.18
collection 9 1.06
maternity alimony decision 9 1.06 / 4.24
paternity paying 9 1.06 / 3.18
paternity parentage paying alimony 9 1.06 / 4.24
paying alimony decision 9 1.06 / 3.18
paying alimony to a court decision 9 1.06 / 4.24
recovery of alimony 8 0.94 / 1.88
code 8 0.94
challenging paternity of maternity paying 8 0.94 / 3.76
family lawyers 8 0.94 / 1.88
question 7 0.82
claim 7 0.82
court 7 0.82
judicial 7 0.82
right 6 0.71
mixing 6 0.71

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SKRIABIN
☝ Is the payment of alimony for a child an obstacle to filing a lawsuit with the court to exclude information about him as the father, mother of the child from the record of his birth?
✅ The payment of alimony for the child is not an obstacle to filing a claim with the court to exclude the statements about him as the father, mother of the child from the record of his birth.
☝ Should a person who is not the father or mother of the child have to bear the child support debt?
✅ If the person is not the father, mother of the child and was established on the basis of a court decision, then he is not obliged to bear the maintenance debt in respect of the child.
☝ How does the payment of alimony take place if the claim to contest paternity, maternity is satisfied?
✅ If the claim to challenge paternity, maternity is satisfied, the court decision on the recovery of alimony should be revised.