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Publication date: 10.04.2024
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Collection of alimony for a minor child in Ukraine is regulated by current legislation. The main document is the Family Code of Ukraine, which contains norms concerning the responsibilities of parents regarding the maintenance of children.
According to this legislation, parents or other persons who have children are obliged to provide for their maintenance, education, health care, etc. If one of the parents does not fulfill these duties, the other father or mother can apply to the court with a demand to collect alimony for the support of the child with alimony collection claim.
The court can make a decision on the appointment of alimony in accordance with the financial capabilities of the parents and the needs of the child. The amount of alimony is set individually in each specific case.
In case of failure to comply with the court's decision regarding the payment of alimony, there is a possibility of applying fines, as well as enforcement of the decision by means of enforcement proceedings.
The procedure for collecting alimony in Ukraine includes the following steps:
1. Preparation of the statement of claim: The statement of claim must be drawn up in writing and contain all the necessary information, including the personal data of the parties, the circumstances of the case, the requirement to establish or change the amount of alimony, as well as evidence that confirms the legitimacy of the claim.
2. Filing a claim in court: A claim statement together with all the necessary documents is submitted to the appropriate court at the place of residence of the defendant (father or mother of the child). Depending on the complexity of the situation and the region, this process can take place in paper or electronic form through the court's electronic document management system.
3.Consideration of the case in court: After claim for alimony collection, the court sends a summons to the defendant and sets a date for the hearing. At the meeting, the parties present their evidence and arguments. The court considers the case and makes a decision.
4. Issuance of a court decision: After considering the case, the court makes a decision on establishing or changing the amount of alimony. This decision is formalized in the form of a court decision, which is sent to the parties to the case.
5. Execution of the court decision: In the case of non-compliance with the court's decision regarding the payment of alimony, it is possible to apply to the executive service for enforcement of the decision through enforcement proceedings.
Alimony collection from the unemployed in Ukraine can be a more complicated process compared to collecting alimony from people who have a stable income. However, the legislation provides for the possibility of collecting alimony regardless of the debtor's employment status. Here are some important aspects of this process:
1. Court decision: The court determines the amount of alimony that must be paid by the unemployed father or mother. This decision can be made in the process of consideration of alimony recovery case.
2. Enforcement of the court decision: After the court decision is issued, a question may arise regarding the possibility of the unemployed father or mother to enforce the decision regarding the payment of alimony. In such a case, measures may be taken to enforce the court decision, such as seizure of property or collection of wages, if the unemployed person later finds a job.
3.Helping to enforce a court order: Some courts may make it possible for you to contact child services or other relevant agencies to help you enforce a court order to collect child support from an unemployed parent.
4. Monitoring of the debtor's financial condition: Sometimes the financial condition of an unemployed father or mother can be monitored to determine the possibility of executing a court decision regarding the payment of alimony. If the financial situation changes, the amount of alimony can be revised.
It is important to remember that collecting alimony from an unemployed father or mother can take a long time and require the parties' patience and cooperation with judicial and executive authorities.
A change in the method of collection of alimony in Ukraine can be made through a court decision or by agreement of the parties. Here are some possible ways to change the way child support is collected:
1. Agreement between the parties: The father (or mother) of the child and the person entitled to alimony can conclude an agreement on changing the method of collecting alimony. For example, an agreement on cashless transfer of alimony to a bank account can be concluded.
2. Changing the court decision: If the method of alimony collection was previously established, but the parties wish to change it, they can submit an application to the court to change the conditions of collection. The court can take into account individual circumstances and the agreement of the parties when issuing a decision.
3. Executive proceedings: If the method of collecting alimony was established by a court decision, but there are problems with its implementation, for example, due to difficulties in collecting funds, the parties can apply to the executive service with a request to change the method of collection. The enforcement service can consider such a request and take appropriate measures to change the method of collection, for example, change the method of collection from salary to seizure of property.
It is important to note that any change in the method of collection of alimony must be carried out in accordance with the law and may require the consent of both parties or a court decision.
This is the general procedure for filing a claim for child alimony collection in Ukraine. It is important to bear in mind that specific details and procedures may vary depending on the circumstances of the case and local laws and practices.
