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Publication date: 25.04.2024
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A claim for alimony collection is a document that is submitted to the court for the purpose of demanding the payment of alimony from the debtor. Here are some key elements that can be included in a statement of claim:
Information about the parties: The full name and address of the plaintiff (the person filing the claim) and the name and address of the defendant (the alimony debtor).
Factual Circumstances: A description of the facts supporting the need for alimony, such as the child's age and needs, the claimant's financial status, etc.
Requirements: Clearly formulated requirements regarding the amount of alimony, as well as the terms and procedure for their payment.
Evidence: A list of evidence that confirms the legitimacy of the claimant's claim, such as affidavits, documents about the defendant's financial status, documents about the child's health, etc.
Requirements to the court: Application for the appointment of the hearing of the case, as well as for the resolution of the issue of issuing a court decision regarding the collection of alimony.
The procedure for collection of alimony. Alimony collection from the unemployed person can be a difficult situation for both the child support payer and the dependent child. However, there are certain procedures and mechanisms that can be used to collect child support even from an unemployed parent.
Here are some possible solutions to this problem:
Court decision: In case of non-payment of alimony, you can apply to the court with a claim for the collection of alimony. The court can issue a writ of execution to collect alimony from various sources, including the unemployed parent.
Applying to the enforcement service: After receiving the writ of execution, you can apply to the enforcement service to collect alimony from the unemployed father or mother through wages, pension or any other sources of income.
Other measures of legal influence: If the father or mother has sources of income that cannot be used to collect alimony, other measures of legal influence can be applied, such as confiscation of property or the imposition of administrative fines.
Regarding criminal liability for debts, this is possible only in a very limited context, for example, if the debtor evades payment of alimony in willful violation of a court order. In other cases, debts are usually regulated by civil procedure.
Avoiding the payment of alimony is a serious violation of the law, and can have serious consequences for the debtor. Here are some possible consequences for a person who avoids paying child support:
Penalties: The court may assess penalties for each day of delay in child support payments.
Criminal liability: In some countries, failure to pay child support can result in criminal liability, including arrest or imprisonment.
Confiscation of property: The court may decide to confiscate the debtor's property to compensate for alimony.
Withdrawal from Pension or Wage: In some countries, a court may order the withholding of pension or wages in order to pay alimony.
Threat of loss of parental rights: In some cases, the court may consider the deprivation of parental rights in case of systematic evasion of payment of alimony.
It is important to seek legal advice from an attorney or legal advice service to get individualized advice regarding your specific child support enforcement situation and the best ways to handle your child support enforcement and alimony collection lawsuit.
