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Publication date: 05.03.2024
Actually, collecting child support is possible even in cases of not terminating marriage or parents not being married.
The Ukrainian state has exempted plaintiffs (in case of filing a alimony collection lawsuit or increasing their amount) and applicants (when filing an application for issuing a court order for alimony collection for a child) from paying court fees for consideration of relevant cases in all judicial instances.
Ukraine guarantees the issuance of a court order by the court for such amount collection of alimony:
1. In terms of income, for one child - one-quarter, for two children - one-third, for three or more children - half of the payer's income, but not exceeding ten subsistence minimums per child of the corresponding age for each child.
2. In a fixed monetary amount - in the amount of 50 percent of the subsistence minimum for a child of the corresponding age.
- To collect the specified amount of alimony as a part of income or in a fixed monetary amount, it is necessary to file a statement to the court for issuing a court order for alimony collection (alimony collection claim).
- The process of issuing a court order for alimony collection in the order of an order procedure differs from the issuance of a decision on alimony collection in the action procedure in that the court considers the application for issuing a court order within 5-10 days from the date of its receipt without a court hearing and without notifying the applicant and the debtor - the second of the child's parents.
- So, in case of filing an application for issuing a court order for alimony collection, your ex-partner won't even know that the court will decide on the collection of alimony from him/her. He/she will simply receive a copy of the court order by mail. In this case, the Ukrainian state deprives him/her of the right to file an application for the cancellation of the court order. Also, Ukraine establishes that the court order for alimony collection becomes legally binding on the day of its issuance.
It should be noted that in the case of alimony collection as a part of income, provided that the alimony payer does not have official employment and official income, the enforcement authority will calculate the amount of alimony subject to collection from the average monthly salary in the respective region of the alimony payer's residence.
In case of your desire to collect alimony in a larger amount, you need to file a lawsuit claim for alimony collection alimony collection lawsuit with relevant justification to the court.
Child alimony can be collected without resorting to court.
- For this purpose, the child's parents enter into an agreement on the procedure for alimony collection for the child, in which they determine the amount and payment terms. The agreement on the procedure for alimony collection must be notarized. In case of its non-compliance, the alimony collection procedure takes place based on the notary's executive endorsement.
- It is also worth noting that parents are obliged to support their children until they reach adulthood. And if adult daughters or sons continue their education and therefore require financial assistance, parents are obliged to support them until they reach the age of twenty-three, provided that they can provide financial assistance.
- Ukrainian legislation allows a minor child - from the age of 14 to independently apply to the court with a request for issuance of a court order or with a lawsuit for the collection of alimony from their parents. Сhild alimony collection, conditions for child alimony collection.
In some cases, apart from the child, even after divorce, the right to maintenance from the former spouse exists.
Such cases include if one of the former spouses:
1. Became unable to work before the divorce or within 1 year after the divorce.
2. Became disabled after 1 year from the divorce due to the former spouse's wrongful behavior during the marriage.
3. At the time of the divorce, there are less than 5 years until reaching retirement age, provided that the spouses have lived together for at least 10 years. Alimony is collected after reaching retirement age.
4. Due to raising a child, managing household chores, caring for family members, illness, or other circumstances of significant importance, one of the spouses was unable to obtain education, work, or hold a corresponding position. The right to maintenance in this case is valid for three years after the divorce.
5. The wife has the right to maintenance from the husband during pregnancy and in case of divorce.
6. One of the spouses, with whom the child resides, has the right to maintenance until the child reaches the age of three.
7. One of the spouses, with whom the child with physical or mental disabilities resides, has the right to maintenance until the child reaches the age of six.
8. One of the spouses, with whom the child with a disability resides, who cannot manage without constant external care and takes care of the child, has the right to maintenance regardless of the fact of marriage for the entire period of living with the disabled child and taking care of them.
To understand the specifics of alimony collection in your case and make an optimal decision regarding the collection of alimony for children, get consultation at the legal marketplace "CONSULTANT".
You can find out the cost of lawyer services and order lawyer services on the website https://consultant.net.ua/.
