recovery of alimony
Procedure for collecting alimony
The procedure for determining and collecting alimony in Ukraine is not particularly complicated. Determination of the amount of alimony can be decided voluntarily, by mutual agreement of the spouses. In this case, it seems reasonable to fix such an agreement in writing. The surest way to certify a contract, of course, is notarization. In the absence of mutual agreement between the parents of the child in determining the amount and procedure for payments, the recovery of alimony takes place in court. & nbsp; If there is an agreement between the spouses, but in case of violation of its terms & nbsp; – indisputable (on the basis of a notary’s executive note).
What is alimony?
Alimony – material resources that are provided for the maintenance of a disabled family member, a person who has an obligation to maintain it. The emergence of the concept of “alimony” dates back to Roman law, “ alimentum” from & nbsp; Latin – “food”.
Procedure for payment and collection of alimony
Disputes about the amount and recovery of alimony are quite common in Ukraine. Recently, a number of laws have been adopted that simplify the collection procedure, on the one hand, and strengthen the liability of willful defaulters, on the other. The legislation makes it possible to determine the amount of alimony both in a fixed fixed amount and in part from the income of citizens.
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Что обеспечит участие адвоката
As already mentioned, the process of determining the amount and collecting alimony is not complicated and is quite accessible to citizens. However, the presence of a family lawyer in the process will give you certain competitive advantages:
Building the right line of defense for your rights will make it possible to maximize the amount of alimony you receive.
The lawyer will conduct a search for the property belonging to the defendant, with the subsequent provision of information to the court.
The professional experience of a lawyer will allow you to consider your case as soon as possible.
You will be able to completely entrust the representation of your interests to a lawyer – not to visit the court, saving time and nerves.
The experience of a lawyer will make it possible, in some cases, to resolve the case without going to court – through negotiations.
All information received will be protected by lawyer’s secrecy and under no circumstances can it be disclosed.
In Ukraine, at the legislative level, the obligation of parents to support their child is determined in order for him to reach the age of majority (in Ukraine, this age is 18 years old). This obligation is practically easily realized in a complete family, when both parents live together with the child and fulfill their obligation to support this child, or children, by mutual agreement and based on common opportunities.
It’s another matter if the parents are divorced and the child lives with one of the parents. In this case, it turns out that the entire burden of responsibilities for the maintenance of the child falls on the parent with whom the child lives. To eliminate such an imbalance, alimony exists.
To receive maintenance for a child, it is not at all necessary to go to court and receive an appropriate court decision on the recovery of alimony. Divorce can take place in different ways. Some parents, having wisdom, can agree on the amount of financial assistance to the parent with whom the child was left to live. Such an agreement is best notarized. In the future, the second parent will pay monthly the amount specified in such an agreement with the obligatory indication of the purpose of the payment.
If the parents cannot or do not want to agree on the amount and procedure for paying alimony, then they will have to go to court.
The legislator has provided for the filing of a claim with the use of alternative jurisdiction in cases on the recovery of alimony. Simply put, the plaintiff (the parent who goes to court) can file such a claim at his place of residence. Needless to say, this greatly simplifies the entire process of obtaining a court decision on determining the amount of alimony. Also, the legislator exempted the plaintiff from paying court fees for considering cases related to the determination or change of the amount of alimony.
“… Important ! If you enter into an agreement with a lawyer on the issue of providing you with legal assistance and representing your interests in court, in cases of establishing the amount of alimony, the costs you paid as a lawyer’s fee may, by a court decision, be completely & nbsp; or partially compensated by collecting them from the defendant….”
Attorney, Managing Partner of the Attorneys at Law ” Magisters “
- statement of claim for the recovery of alimony;
- a copy of the divorce certificate (or a court decision if the marriage was dissolved by the court);
- a copy of the child’s birth certificate;
- a copy of the defendant’s passport and tax number;
- a document confirming the amount of the defendant’s income;
- a set of copies of documents to be handed over to the defendant;
statement of claim for alimony
A claim for child support payments may be made at the claimant’s place of residence . The plaintiff in this case is relieved of the need to pay the court fee.
The text of the statement of claim, for its successful acceptance for consideration in court, must meet a number of legislative requirements. Below you can download a sample text of the statement of claim.
The amount of alimony determined by the court is not a legally fixed amount. The legislator determines only the minimum and maximum possible amount of alimony. Otherwise, the amount of alimony payments is affected by:
- the financial condition of both the plaintiff (applicant) and the defendant;
- the presence of children from previous marriages;
the amount is determined as follows:
1 child – 25% of total income
2 children – 33% of total income
- the state of health of the alimony payer;
- the ability to work of the second spouse;
- the presence of property rights;
and many other circumstances.
Responsibility for non-payment of alimony
In 2018, Ukraine adopted Law No. 2475-VIII “On Amendments to Certain Acts of Ukraine Concerning the Creation of Economic Preconditions for Enhancing the Protection of a Child for Proper Maintenance”.
This law strengthens liability for non-payment or late payment of alimony.
The sanctions applied to non-payers include:
1.Fines and penalties for late payment of alimony:
more than 1 year – 20% of the amount owed
more than 2 years – 30% of the amount owed
more than 3 years – 50% of the amount owed
2. Imposition of bans for defaulters:
- going abroad; to hunt and have at your disposal & nbsp; hunting weapons;
- to drive a vehicle, except for: if the vehicle is the only source of income;
- disabled persons of groups 1 and 2;
- persons doing military service;
The amount of alimony in 2021.
The guaranteed minimum amount of alimony is 50% of the minimum subsistence level for children of a certain age.
From December 1, 2020, the amount of the minimum alimony payments will be:
for children from 0 to 6 years old, this amount will be – 961 hryvnia / month;
for children from 6 to 18 years old – 1198 hryvnia / month;
the minimum amount of alimony is determined for parents with a low total monthly income, in other cases, it is more likely that the amount of payments will be assigned equal to the subsistence level for one child. This is the so-called recommended amount of alimony payments:
for children from 0 to 6 years old – 1921 UAH / month;
for children from 6 to 18 years old – 2395 hryvnia / month;
for children continuing education (up to 23 years old) – 1095 hryvnia / month;
The maximum amount of alimony payments
The amount of defined alimony payments also has an upper limit.
The maximum amount of alimony in 2021 will be:
for children from 0 to 6 years old
from December 1, 2020 – UAH 19 210 / month;
from July 1, 2021 – UAH 20 130 / month;
from December 1, 2021 – UAH 21 000 / month;
for children from 6 to 18 years old
from December 1, 2020 – 23 950 UAH / month;
from July 1, 2021 – UAH 25 100 / month;
from December 1, 2021 – UAH 26 180 / month;
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