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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 lawyer files the lawsuit, supervises the proceedings and receives the court’s decision.
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.
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:
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.
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:
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.
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:
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:
Standard amount of alimony as a percentage of income is:
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.
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.
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The best legal startup in Ukraine according to the HiiL Innovative Justice Challenge 2021 Ukraine, residents of Diia. City, the first legal service to launch a marketing strategy on all national channels, we work in Poland and England, we were the first to integrate AI (Chat GPT), we not only inform about legal problems from open data, but solve them on a turnkey basis, more than 1000 registered lawyers, more than 25,000 users of the mobile application, we have donated more than $100,000 for legal advice... and this is only a part of our achievements!
Kyslychenko Oleksandr
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