✅ From what moment the alimony is calculated

From what moment is child support awarded in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: What are the grounds for the spouses' alimony obligations? Which spouse loses the right to maintenance? When can a claim for termination of content be filed?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “From what moment child support is awarded” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Recovery of alimony after divorce in Ukraine

Dissolution of a marriage in the presence of common children most often ends with the recovery of alimony from the parent leaving the family. This, as follows from common cases, may be the father or, less often, the mother of the child, does not live with the minor.

Alimony can be paid both voluntarily and levied in court in the form of a share of all types of earnings or in the form of a fixed amount fixed by the court.

The right to receive alimony does not arise from the moment of divorce or even from the moment the father leaves the family.

The child’s right to alimony is secured from birth; theoretically, even in marriage and when living together, the mother has the right to demand alimony payments from the minor’s father.

Our lawyers are often asked the following questions: from what moment are child support awarded in Ukraine? From what moment is the alimony charged under the writ of execution? From what moment is the alimony calculated after the establishment of paternity? From what moment is the alimony calculated according to the court order? In this article we will try to answer the questions about the child support award.

Time from which child support is awarded in Ukraine

Child support is awarded by a court decision from the date the claim is filed, and in the case of an application for the issuance of a court order, from the date of such application.

Alimony for the past time can be awarded if the plaintiff submits evidence to the court that he took steps to obtain alimony from the defendant, but could not receive it due to the latter’s evasion of payment.

In this case, the court can award alimony for the past time, but not more than ten years.

The procedure for the appointment of alimony for a child in Ukraine

Child support is awarded by a court decision from the date the claim is filed, and in the case of an application for the issuance of a court order, from the date of submission of such an application, aimed at the best interests of the child.

Regardless of how long the court will consider claims for the recovery of alimony, the legislator has determined that child support is awarded not from the date of divorce in the registry office or court, but from the date of the claim.

And in the case of filing an application for the issuance of a court order – from the date of filing such an application, and not from the moment the court decision or court order enters into legal force.

Assigning alimony for a child for the past time in Ukraine

It is noted that alimony for the past time can be awarded if the plaintiff presents evidence to the court that he took steps to obtain alimony from the defendant, but could not receive it due to the latter’s evasion of payment.

In this case, the court can award alimony for the past time, but not more than ten years. The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Strengthening the Protection of the Child’s Right to Proper Maintenance” amended Part 2 of Art. 191 of the Family Code and increased the period to ten years – the elapsed time for which the court can award alimony if the plaintiff proves that he took measures to obtain alimony from the defendant, but the defendant evaded paying alimony.

Evasion from the payment of alimony in Ukraine

The defendant’s evasion from the payment of alimony consists in his willful actions or inaction, as a result of which child support was not paid to the plaintiff and the plaintiff could not receive it.

The fact that one of the parents independently kept the child, without making demands for the recovery of alimony to the second parent, is not a basis for awarding alimony for the past time.

Family Alimony Lawyer in Ukraine

To effectively resolve the child support case, you should contact professional family lawyers.

Alimony 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!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of awarding child support.

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!

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Frequently asked questions to a lawyer in Ukraine

Useful site materials advokat-skriabin.com:

1. Right to maintenance after divorce
2. Collecting alimony for the past period and alimony arrears
3. Responsibility for non-payment of alimony
4. Exemption from payment of alimony arrears
5. Application for adoption of a child
6. Court decision on adoption
7. Right to privacy of adoption
8. Cancellation of adoption
9. Deprivation of parental rights from the adoptive parent