Publication date: 27.10.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The wife's right to maintenance while the child lives with her is an important part of family law. This right is enshrined in the legislation of many countries, including Ukraine, and is aimed at ensuring the material support of a woman during and after the birth of a child. In Ukraine, this right is regulated by the Family Code.
- Subjects of the right to maintenance: The wife, with whom the child lives, has the right to material maintenance from the husband (former or present), who is the biological father of this child.
- Conditions for providing maintenance: Maintenance is provided regardless of whether a man and a woman are officially married at the time of submitting an application for alimony. This means that the wife who lives with the child may have the right to maintenance even after the divorce, if the child's father is obliged to financially support the child and its mother.
- Duration of the right to support: The right to support is valid until the child reaches the age of three.
Form and amount of maintenance: Maintenance can be provided as regular cash payments (alimony) or in another form that leads to remuneration (eg food, medicine, housing). The amount of maintenance depends on the financial capabilities of the husband and the material needs of the child and mother, and can also be determined by agreement of the parties or in court.
- The procedure for obtaining maintenance: If the former spouse cannot agree on the amount and form of maintenance, the wife has the right to apply to the court to determine the amount of alimony. In the case of a husband's refusal to provide maintenance by a court decision, enforcement measures may be applied (for example, collection through the enforcement service).
According to the provisions of the Family Code of Ukraine, a pregnant wife or a wife with whom a common child lives has the right to maintenance from a person regardless of her financial situation or the fact of employment. This means that:
- Independence from employment: A wife is entitled to support from her husband even if she has a job or a stable income. The law does not limit this right depending on the fact of her employment.
- Independence from the wife's financial situation: The wife's financial support (income, personal savings or property) also does not affect her right to maintenance. The law provides this right to provide her and the child with the necessary support.
- The condition of the possibility of providing assistance from the husband: An important condition for the realization of the right to support is the availability of a person's financial ability to provide such support. The court considers the person's ability and ability to provide financial assistance.
- Protection of the rights of a pregnant wife and a wife with a child: The right to maintenance of a pregnant woman and a woman with whom the child lives is a special type of material support in order to ensure material conditions for the care of the child during and in the first years after birth.
This right protects the wife and child, guaranteeing them financial support if the husband has such opportunities, and is preserved regardless of the wife's financial independence.
Question
Is it necessary to confirm the possibility of the husband providing material assistance?
Answer
According to Part 4 of Art. 84 of the Civil Code of Ukraine, the wife with whom the child lives has the right to receive alimony only if the husband has the opportunity to pay it. Based on the provisions of the legislation and court practice, it is better to submit evidence to the court that the husband really has the opportunity to provide financial assistance. The wife can provide the court with documents that prove her income as a person, including information about official income, real estate, bank accounts, business interests and other assets, if such data is available. If there is not enough information about the spouse's income, the court can help to obtain it by making formal inquiries to the tax authorities, banks or employers. The wife can bring in witnesses who confirm facts indicating the person's stable income or standard of living (for example, testimony about his property or expenses).
With the participation of a lawyer, you can more professionally prepare evidence and provide the court with a complete picture of a person's financial situation, which will help to argue claims for the collection of alimony. Thus, it is important for the wife to gather as much evidence as possible so that the court can assess the husband's capabilities and apply a reasonable amount of alimony.
Question
How to collect alimony in court?
Answer
First, you need to prepare a statement of claim, which must contain: the full name of the court to which the claim is filed, information about the parties, your request for alimony for the wife, taking into account her status as the mother of a child under three years old, state the reasons why you need to receive alimony (for example, the child's needs, independent income, financial situation), specify the amount of alimony based on the husband's income. Proof of residence must be added to the application, confirming the fact of having a child, financial needs, income, etc. The statement of claim and the documents attached to it must be submitted to the court in person, through a representative (lawyer) or sent by mail. Lawyer advice may be required to prepare a statement of claim. After receiving the statement of claim, the court will set a date for the hearing, at which both sides can present their arguments and evidence. On the basis of the submitted evidence, the court makes a decision on the appointment of alimony and determines its amount, taking into account the husband's capabilities.
A correctly prepared statement about the probability of a decision on the wife's wife. Legal services may be required if advice is required on drafting a claim or litigation.
Lawyer services when applying to the court with a claim for the collection of alimony:
The services of a lawyer can be very useful when filing a claim for alimony, after which the lawyer will help ensure the legality of the documents and represent the plaintiff's interests in court. Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: The lawyer will explain the client's rights and obligations, will help to achieve the outcome of the case. Assess available documents and advise what additional evidence will be required to support relevant claims. A lawyer will help to correctly draw up a statement of claim with all the necessary legal wording. The application must contain specific requirements regarding the amount of alimony and justification of their necessity.
Lawyer help in gathering the evidence base: An attorney will help gather the necessary evidence to support the support, including requests for proof of income, property status of the answer, etc. Lawyers online can help make requests to official agencies to obtain information that can be obtained in a case.
Court proceedings: The attorney will represent the client's interests in court, argue and support claims for alimony. During the trial, the lawyer can answer questions, give additional evidence and arguments, and ask questions about the answer or his representative. If the court decision turns out not to be in favor of the client or to satisfy the claim partially, the lawyer can help to file an appeal. Also, the services of a lawyer can be useful for representing the client's interests in appeals.
Alimony for the wife plays an important role in ensuring the material well-being of the family, especially in periods when the wife cannot support herself (during pregnancy or raising a child up to three years old). In the event of a divorce, alimony is an important tool to protect the woman who has taken responsibility for raising the child. They compensate for her temporary economic vulnerability and ensure an equal distribution of family responsibilities and financial responsibility.
