Publication date: 30.04.2024
Лоер
Lawsuit for collection of alimony.
Article 1. Grounds and procedure for filing a claim for alimony recovery
1.1. A claim for the recovery of alimony may be filed by a person who has a legitimate interest in the reimbursement of maintenance and support costs of another person in accordance with current legislation.
1.2. An application for recovery of alimony is submitted to the court at the place of residence or stay of the defendant in the territory of this country.
1.3. The application must specify the facts and circumstances justifying the demand for the collection of alimony, as well as proposals regarding the size, terms and procedure of payment of alimony.
Article 2. Procedure for collection of alimony
2.1. The procedure for collecting alimony is carried out in accordance with the order and procedures of court proceedings established by law.
2.2. The amount of alimony recovery is determined by the court based on the claimant's application and taking into account the defendant's financial capabilities.
2.3. The conditions for collection of alimony for children are established by the court, taking into account their needs and interests.
Article 3. Change in the method of collection of alimony
3.1. In the event of a change in the circumstances of alimony collection, the plaintiff has the right to submit an application to the court to change the method of alimony collection.
3.2. A change in the method of collecting alimony can be made on the basis of a court decision and agreed upon by the parties.
Article 4. Collection of alimony from the unemployed
4.1. If the defendant is unemployed, the court can establish alimony in the amount that corresponds to his capabilities and the needs of the person entitled to alimony.
4.2. The procedure for collecting alimony from the unemployed is determined in accordance with legislation and court decisions.The time from which alimony is awarded is determined in accordance with the legislation on family relations. In particular, child alimony collection is awarded by a court decision from the day a lawsuit is filed or from the day an application for a court order is submitted, in accordance with Article 191 of the Family Code of Ukraine. This means that the time that has passed from the moment the claim is filed to its satisfaction is irrelevant.
The statute of limitations does not apply to claims for the recovery of alimony in court, that is, a claim can be filed at any time during the existence of the right to alimony. The child has the right to alimony from the moment of his birth.
If one of the parents refuses to voluntarily provide support for his child, the other parent or mother with whom the child lives claim for alimony collection for child support or apply for a court order, regardless of how much time has passed since the occurrence this right. Also, the reasons for which the court was not previously requested to collect alimony are irrelevant.
If the claim or application is submitted to the court in person, the day of the submission of the claim is considered the day of its acceptance by the court, which is evidenced by the date of registration. In the event that a lawsuit or statement is sent by mail, the day of presentation is considered the calendar date of receipt of the corresponding letter by mail, which is confirmed by a postmark, and not the day of receipt by the court (the date of registration of the incoming documentation by the court).
Адimony collection lawsuit for the past period is possible in accordance with Article 194 of the Family Code of Ukraine, which provides such an opportunity in certain cases.This right to collect alimony for the past period is an exception to the general rule and can be exercised if:
alimony was not charged before;
the plaintiff will prove that he made efforts to receive alimony from the defendant, but the defendant avoided paying child support.
In this case, the court can assign alimony for the past period, but not for more than ten years.
The process of proof in such cases is complicated, because if a person has not applied for alimony before, it is assumed that the other parent has properly fulfilled his responsibilities regarding maintenance.
Evidence that the plaintiff tried to receive alimony can be:
attempts to establish the place of residence, work and real income of the defendant;
written evidence of the plaintiff's appeals to the defendant with a demand for alimony payments;
electronic evidence of correspondence with the defendant.
Electronic evidence must be presented in paper and electronic form, certified by EDS and signed, and attached to the case file.
Evasion of payment of alimony can be confirmed by concealment of income, places of residence or temporary departure abroad.
After the court makes a positive decision regarding the collection of alimony for the past period, a writ of execution is issued, which must be presented for execution. Alimony can be collected under the writ of execution for the past period, but not more than ten years before the writ of execution is presented for execution.
In the event that the alimony collection lawsuit of execution was not collected due to the search for the alimony payer or because of his stay abroad, it must be paid for the entire past period.
alimony collection lawsuit, alimony collection claim, alimony collection lawsuit, change in the method of alimony collection, alimony collection procedure, alimony collection from the unemployed, conditions for child alimony collection, amount collection of alimony, procedure for collection of alimony.
