Publication date: 31.05.2024
lawyer, 23 years of experience in enforcement.
Peculiarities of collecting alimony for the past time.
As a rule, alimony for a child is determined by a court decision, which is issued on the day of the appeal to the court, as well as by an application for the issuance of a court order, which is submitted on this day (Part 1, Article 191 of the Family Code of Ukraine). of Ukraine (hereinafter the Family Code of Ukraine). However, the legislator allows storage of alimony for a period of more than 10 years (Article 191 of the Civil Code of Ukraine). The relevant details of the case, which must be demonstrated for this type of penalty, were recalled by the Supreme Court in the resolution dated March 20, 2024 in case No. 235./101/21.
"The analysis of Article 191 of the Criminal Code of Ukraine gives grounds for the conclusion that in order to collect alimony for the past time, the plaintiff must prove:
- 1) taking measures to obtain alimony from the defendant;
2) evasion of the defendant from providing maintenance to the child."
Past child support is also an intriguing topic, given the concern for establishing paternity. Courts have different functions. By the decision of the Supreme Court of April 19, 2023 in case No. 369/9386/17, the court of appeal considered that the payment of alimony depends on the recognition of the defendant's paternity, and not on the appeal to the court with a claim. . The Supreme Court did not agree with this, as it violates Part 1 of Article 191 of the Criminal Code of Ukraine, noting:
"from the defendant in favor of the plaintiff, alimony for the maintenance of the child is subject to collection from the moment of filing the relevant claim with the court. Similar legal conclusions are set out in the ruling of the Supreme Court dated August 28, 2019 in case No. 754/3558/16-ts (proceedings No. 61-22781св18)."
As a matter of fact, the Supreme Court recognized that in the case of filing a complaint with simultaneous demands for the recognition of paternity and the collection of alimony, it is impossible to collect the latter for earlier elapsed time. Even without taking into account the fact that the defendant is attributed to the child (ie historical reference). The alimony position depends on the court's recognition of the defendant's paternity, which is incorrect.
Therefore, if you want to collect alimony, you must have documents that you tried to resolve the problem amicably with the father/mother of the child, as well as documents that the other parent refused to participate in the financial support of the child. From evidence in practice this is possible, including emails, screenshots of email correspondence and social media, etc. - anything that can be used to document your efforts to resolve this issue legally, otherwise the child support money will be collected from the time of the lawsuit, in addition , regardless of the specific moment of recognition of paternity. An legal alimony advice or alimony lawyer consultation kiev can help you solve these problems. ( cost of alimony lawyer services, alimony lawyer kiev )
Specialists of the legal service "Consultant" will provide legal alimony lawyer consultation and alimony lawyer assistance help in solving such issues as alimony arrears, collection of alimony from military personnel, deprivation of parental rights, alimony, alimony without divorce, termination of alimony collection, as well as similar issues, and will accompany on at all necessary stages to resolve the issue related to allowances.
