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Publication date: 22.05.2024
Procedure for Collecting Alimony
Alimony is a crucial source of financial support for children when their parents live separately. Alimony collection is a legal process that allows receiving financial assistance for the maintenance of minor children from the parent who does not reside with them. This procedure is governed by relevant laws and regulations and involves specific requirements and stages.
The primary document for initiating alimony collection is a claim for alimony collection. This document must be properly prepared and filed with the court at the place of residence of the respondent (the father or mother from whom the alimony will be collected). The claim for alimony collection should contain necessary information about the plaintiff and the respondent, their personal data, information about the children for whom alimony will be collected, as well as the justification for the claim and the requested amount of alimony.
After filing the alimony collection claim with the court, the court will review the case and render a decision. If the alimony collection lawsuit is granted, the court will issue a writ of execution, which serves as the basis for the compulsory collection of alimony. The writ of execution is then transferred to the state enforcement service for compulsory execution.
The amount of alimony collection is determined by the court in accordance with the law and takes into account various factors, such as the age and needs of the child, the financial situation of the alimony payer, the presence of other dependents, and so on. Most often, alimony is collected as a certain percentage of the alimony payer's income.
An important aspect is the conditions for child alimony collection. Alimony can be collected for children until they reach the age of majority or until they complete their education if the child continues to study full-time after reaching the age of majority. Additionally, alimony may be collected for adult disabled children who require financial assistance.
The procedure for collection of alimony can be complicated in certain cases, for example, if the alimony payer is unemployed or has an irregular income. In such cases, the court may order alimony collection from the unemployed in a fixed monetary amount, based on their financial situation and capabilities.
It is also possible to change the method of alimony collection if certain circumstances arise that make it impossible to collect alimony in the previous manner. For instance, if the alimony payer changes jobs or loses income, one can apply to the court with a claim for a change in the method of alimony collection.
Overall, the alimony collection procedure involves several legal procedures aimed at ensuring the proper financial support for children in cases where their parents live separately. Adherence to established norms and timely filing of an alimony collection lawsuit with the court allows for the protection of the child's rights and interests to receive proper maintenance.
