Publication date: 07.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Alimony collection procedure:
Collection of alimony by Ukrainian legislation is regulated by a number of normative acts, which determine the procedure and conditions for the fulfillment of obligations regarding the payment of alimony, as well as procedures for debt collection.
Procedure for collection of alimony:
- The main legislative act regulating the collection of alimony in Ukraine is the Civil Code of Ukraine, the Family Code of Ukraine and the Law of Ukraine "On Executive Proceedings".
- These normative acts determine the rights and obligations of the parties in alimony recovery cases, as well as the procedure for executing court decisions on alimony recovery.
Claim for alimony collection:
In case of non-fulfilment or improper fulfillment of obligations regarding the payment of alimony, you have the right to apply to the court with a demand for the collection of alimony.
The grounds for filing such a lawsuit may be a refusal to pay alimony, a violation of the terms of payment of alimony, as well as a change in the financial situation or circumstances affecting the possibility of paying alimony.
Judicial process:
During the judicial process regarding the collection of alimony, the court takes into account the financial situation of both parties, the needs and capabilities of the child (children), the circumstances that led to the emergence of the obligation to pay alimony, as well as other circumstances that are important for the resolution of the dispute .
Enforcement proceedings:
- After a court decision regarding the collection of alimony has been issued, it is subject to enforcement in accordance with the requirements of the Law of Ukraine "On Enforcement Proceedings".
- The writ of execution issued by the court is the basis for collecting alimony through enforcement proceedings.
Recovery possibilities:
- The court can apply various types of alimony recovery measures, including withdrawal of funds from the debtor's accounts, withholding of a share of earnings, pensions or other types of income, as well as withdrawal from the debtor's property.
- It is important to keep in mind that child support litigation can be complicated and sometimes take longer than desired.
- It is recommended that you contact a qualified attorney for legal assistance and representation in court.
If the father does not receive an official salary, this can complicate the process of collecting alimony, but does not make it completely impossible. Below are some possible scenarios and tips that may be helpful in this situation:
Alimony collection claim :
- If the father does not receive an official salary, there may be other sources of income or property that can serve as the object of child support.
- It is important to document any factual circumstances that indicate the possibility of paying alimony.
Investigate financial assets:
It is important to find out if the father has any financial assets, such as bank accounts, real estate, cars, or other assets that may be subject to enforcement for child support.
Contacting the social security authorities:
In some cases, the father may receive assistance from the state or other social benefits, which may be subject to collection or may serve as a source for determining the amount of alimony.
Financial investigation: If it is suspected that a parent is concealing his income or assets, it may be necessary to conduct an investigation into his financial situation, including a review of bank statements, tax returns, property documents and other sources of information.
Appeal to the court:
If the previous measures have not brought results, it may be necessary to appeal to the court with a demand for the collection of alimony based on the available facts and evidence.
It is important to keep in mind that collecting child support in these situations may require additional effort and time, and it is recommended that you contact a qualified attorney for legal advice and support in this process.
