RECOVERY OF ALIMONY ✅ FAMILY ✅ SERVICES

Oral consultation to determine whether the service is available or not. If the service is available, a contract is concluded with the lawyer for further review of the documents.

If it is not possible to provide the service, the cost of the stage is included in the cost of consultation and is not reimbursed.

The lawyer describes the circumstances of the case, makes the legal and regulatory reasoning, analyses the jurisprudence and writes the statement. If necessary, a lawyer’s request is sent to the Tax Service for the purpose of obtaining the registration number of the debtors' tax payer card.

The client opens a separate account in the bank to receive alimony payments. The lawyer submits an application to the executive service to open enforcement proceedings for the recovery of alimony.

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Alimony recovery

Weddings of couples in love regularly take place in the country. And divorces are registered no less often. Adults are free to decide their own destiny. But at the legislative level, it is established that children must be protected in any situation. At least from the financial side. Therefore, a lot of alimony collection cases are considered. Let's analyze the main theses that parents of minor children should know during divorce.

Legislation on collection of child support

According to the legislation, the partner with whom the children remain has the right to receive monetary compensation for their maintenance from the other. Alimony is assigned until the child reaches the age of majority. And in cases where she continues her studies at a university on a full-time basis and does not have her own income, until she receives her diploma. Alimony can also be assigned to an adult disabled child.

A claim for collection of alimony can be filed at any time:

1. Simultaneously with the lawsuit for divorce.

2. After the divorce.

3. During marriage, if one of the parents lives separately or neglects his own duties.

Alimony is assigned from the moment the court decision is received. In exceptional cases, it is possible to collect payments for past periods. But for this, it is necessary to prove that during this time the plaintiff took all possible measures to receive payments, and the defendant avoided it with all his might.

Is it possible to be exempted from paying alimony

The duty to support one's own children concerns both parents. If they do not live together, the partner living apart must provide regular financial support for the child. The only way to get rid of monthly payments is to transfer real estate to the child. It can be an apartment, a house, a plot of land.

To be exempt from alimony, you need:

● reach agreement between parents;

● obtain consent from guardianship authorities;

● draw up an agreement on the termination of rights to alimony for the transfer of real estate;

● notarize the agreement.

Methods and conditions for collecting child support

In Ukraine, it is stipulated that parents can agree on the payment of alimony independently. That is, to agree on the amounts and terms of payment. The relevant agreements are recorded in the agreement and notarized. No additional actions are required. If it is not possible to reach an agreement, that is, one of the parents does not agree to the payments or their amount, the partners have to apply to the court with a claim for the collection of alimony.

Alimony recovery procedure

The procedure for collecting alimony in the event of disputes between parents involves going to court. At the first stage, you should contact a lawyer. A specialist will help you to correctly draw up an application for the collection of alimony and protect the interests of the child. After considering the case, the court will determine the amount of payments. The decision will be forwarded to the executive service, which must ensure timely transfers. During consideration of a claim for the recovery of alimony, the court may order payments in the form of a share of the income received by the defendant or establish a fixed amount. If there are good reasons, we can ask for a change in the method of collecting alimony.

Advantages of contacting a divorce lawyer:

● fast consideration of the case;

● legal protection;

● guarantee to respect your rights;

● no risk of making a mistake when collecting evidence and drafting a lawsuit.

Minimum and maximum amount of alimony recovery

Usually, the amount of alimony is determined as a share of all income of the defendant. That is, the court carefully considers the case. after which sets interest to be paid. When considering, special attention is paid to:

● health of the child;

● material situation in the family where she lives;

● the state of health of the payer and his financial support;

● the defendant has other children;

● presence of disabled relatives (wife, parents, children) under the care of the defendant;

● expenses of the defendant for the purchase of valuable movable or immovable property;

● owning movable or immovable property.

Standard amount of alimony as a percentage of income is:

● 25% for one child;

● 33% for two children;

● 50% for three or more.

But these shares can be changed by a court decision. The legislation allows charging up to 70% of the income to support minor children. If we are talking about establishing alimony in a fixed amount, it is calculated according to the subsistence minimum. Currently, it is UAH 2,272 for children under 6 years old and UAH 2,833 — from 6 to 18. Thus, the minimum amount of alimony is UAH 1,136 and UAH 1,416, respectively (50% of the subsistence minimum). The maximum amount of payments cannot exceed 10 subsistence minimums.

Is it possible to collect alimony from an unemployed person

Losing a job is not a reason to stop alimony payments. If the prescribed amounts are not paid voluntarily, they will be accrued as a debt. In cases where the defendant is registered at the Employment Center, the charges will be from the assigned unemployment benefit. Our lawyers will help you protect your rights at any stage of the proceedings. The help of a specialist with many years of experience is a guarantee of your peace of mind and saving money.