Publication date: 29.05.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
Child Support Collection: How to Ensure that You Receive the Proper Payments
Child support enforcement is one of the most common requests to a family law attorney. A claim for alimony collection claim is submitted to the court if the parties cannot independently resolve the issue of maintenance of joint children.
The procedure for collection of alimony through the court is used in the absence of an agreement on voluntary payment of funds. In order to start a case, you need to file an alimony collection lawsuit . The following data are indicated in the application:
- Name of the judicial body to which the application is submitted;
- Name and place of residence of the plaintiff;
- Name of the defendant;
- The circumstances on which the plaintiff bases his claims — data about the child, his place of residence, needs, and the period for which the defendant does not pay alimony;
- A list of documents attached to the application — a copy of the passport and identification code, a child's birth certificate, a certificate of cohabitation with a child, a divorce certificate, etc.
An application for the recovery of alimony is submitted in three copies - one copy remains with the claimant, and two are submitted to the court office. A lawsuit for the recovery of alimony is filed in the district court, and the application can be filed at the place of residence of the plaintiff or defendant. The terms of consideration depend on the workload of the court but not longer than one month.
The Amount of Alimony Collection for Children through the Court
The amount collection of alimony is clearly regulated by law — a quarter of the income for one child, more than half of the parents' income for two children. If it is about collecting alimony collection from the unemployed , the amount is calculated relative to the minimum wage.
The court can issue a decision on the amount of alimony, which is charged monthly in fixed monetary form or in installments. At the same time, it is always possible to change in the method of alimony collection , for example, if the plaintiff learns about a significant increase in the defendant's income level.
Collection of Alimony Until the Court Resolves the Dispute
Before issuing a final decision, the court must issue a resolution on the collection of alimony for children. It should be understood here that the excess amount paid during the temporary decision cannot be returned. If a higher amount of alimony was established in the final decision than in the temporary one, the defendant must pay the difference.
Execution of the Court Decision on the Collection of Alimony for the Child
The alimony collection procedure provides for the immediate execution of a court decision. At the same time, the defendant has the opportunity to appeal the court's decision in the court of higher instance. He is given ten days for this. If a person does not want to voluntarily pay alimony, then the State Executive Service of Ukraine will take care of the execution of the court decision. The enforcement procedure can be initiated by the recipient of alimony by providing the relevant document.
It is the Executive Service that will be able to find measures to influence the defendant. Failure to pay alimony will result in a bank account or property being seized. Thus, the debtor will be forced to pay the amount owed.
But in order to achieve a fair amount of alimony, it is necessary to correctly prepare a statement and provide arguments even at the stage of filing an alimony collection lawsuit in court. In this case, a lawyer will come to the rescue. It is not easy to cope with everything on your own, so an experienced specialist will help you get a fair amount for child child alimony collection support.
