Application for collection of alimony

Application for collection of alimony

The law obliges parents to financially support their minor children, and it does not matter whether the mother and father are legally married or not. If one of the parents refuses to provide for their child voluntarily (with the consent of the parties), then the second has the right to collect alimony from him through the court.

You can go to court for child support by filing a statement of claim or an application for a court order. In the first case, the decision is made after court hearings with the participation of the parties (the plaintiff is the alimony collector, and the defendant is the payer), and in the second, the case is considered in a simplified manner, and a decision on it is made without trial 5 days after the application is accepted.

If it is required to collect alimony in a fixed amount of money or additional demands have been made (for example, to collect alimony for the mother of a child under 3 years old), then the case is considered only through the claim process.

Where to file an application for alimony collection

In general, all cases related to alimony payments (for example, about withholding alimony, about exemption from paying it, about changing the amount of payments or about withholding a penalty for non-payment) are considered in court.

The district court should be contacted if an application is submitted to change the alimony agreement, as well as if the claim states an additional requirement within the jurisdiction of the district court:

  • on recognition of paternity or maternity;
  • about deprivation of parental rights;
  • on the division of marital property.

If a claim is filed to change (reduce) the amount of payments on behalf of the alimony payer, then the rules for choosing alternative jurisdiction do not apply and the claim must be filed at the place of residence of the alimony claimant.

When several demands are combined in a statement of claim (for example, about the division of common property and the collection of alimony), the right to choose territorial jurisdiction in any case remains with the plaintiff.

Application for alimony payment: amount, voluntary payment

To voluntarily pay alimony, parents can enter into a notarial agreement, in which they can independently indicate all the conditions for calculating payments. But according to the Family Code of Ukraine, their size in any case cannot be less than that established as a share of income when going to court. Such a document will have the force of a writ of execution, so if suddenly the payer subsequently refuses to fulfill the obligations, then the agreement can be sent to state executors to collect funds forcibly.

In the absence of an agreement on the payment of alimony, it is collected by the court in shares of income depending on the number of children:

  • in 1/4 – if there is one child;
  • 1/3 – if there are two children;
  • 1/2 – if there are three or more children.

If an application for alimony is submitted through a claim proceeding, the claimant also has the right to ask the court that it be calculated in a fixed monetary amount – that is, in fixed monthly payments. According to the Family Code of Ukraine, child support can be assigned in this form of a fixed amount if the following circumstances occur:

  • the father has irregular or variable income, or none at all;
  • the payer receives income in kind or foreign currency;
  • the declared income is less than the actual one (then it is necessary to prove in court the real earnings of the second parent).

The court may also reduce or increase alimony payments, taking into account the financial condition of the parties and the previous level of support for the child (for example, before the parents’ divorce). To do this, the interested party must apply to the court to change the procedure for collecting alimony. As evidence, you must provide information about the income of each parent, as well as proof of expenses for the child.

Application for collection of child support through the court

If a parent does not want to enter into a voluntary agreement, then in order to collect child support, he will need to apply to the court:

  • If a demand is made only for the payment of child support, the case can be considered through writ proceedings. In this case, the court makes a decision based on the application for a court order and the documents provided, without scheduling a court hearing or summoning the parties.
  • In a more general case, alimony is collected through a claim proceeding – with court hearings in which the plaintiff (collector) and the defendant (payer) participate. A statement of claim for alimony is drawn up taking into account the requirements of the Civil Procedure Code of Ukraine.

Application for a court order to collect alimony

An application for the issuance of a court order is drawn up according to the rules of the Civil Procedure Code of Ukraine. The descriptive part should indicate the debtor’s place of work and the amount of his income (if these data are known). It should also be noted that the man has no other alimony obligations. And the petition part indicates the amount of money to be collected from the income.

A court order is issued 5 days after filing a lawsuit. However, after the application is filed and days after the order is issued, it may be canceled if the debtor files an objection to its issuance with the court. In this case, a decision will be made to cancel the court order with an explanation that the applicant should apply to the court through a claim proceeding.

When the father re-applies to the court for child support with a statement of claim, he will need to attach a decision to cancel the court order. In this case, alimony will be assigned from the moment the application for the issuance of a court order is filed.

It is impossible to collect alimony through writ proceedings in two cases:

  • In a simplified procedure, they cannot be recovered in a fixed monetary amount, since the court, when considering the case, will have to check all the circumstances of the stated claims. Namely, to study information about the income of the parties and possibly obtain the necessary evidence.
  • You also cannot apply for a court order if the payor is already paying child support for another child. Since in order to determine the procedure and amount of payments, the court will need to involve third parties, and this issue can only be considered within the framework of a court hearing in the manner of claim proceedings.

Statement of claim for collection of child support

In order for the court to accept a statement of claim for the recovery of alimony, it must be drawn up according to the rules of the Civil Procedure Code of Ukraine and contain the following information:

  • Name and address of the court to which the application is being filed.
  • Full name, address and contact details of the plaintiff and defendant.
  • The title is “Statement of Claim for the recovery of alimony for a child (children).”
  • The descriptive part will consist of the following information:
  • The details of the plaintiff are indicated, to whom he is related to the defendant and in whose favor alimony is collected. If the marriage between the spouses is dissolved and the child lives with the mother, this is also described.
  • In what form will alimony be collected – as a share of income or as a fixed sum of money? If the recovery occurs in a fixed amount, then the reasons for this should be indicated, and relevant evidence must also be provided (for example, in a statement of claim, the plaintiff may request a certificate from
  • Pension Fund about insurance deductions from the salary of the other parent).
  • The grounds for the penalty are described – the defendant’s evasion of obligations to support the child, as well as financial need.
  • The petition part expresses the claims: “I ask you to collect from the defendant alimony in favor of the plaintiff for child support in the amount of ___ part of all types of income (or in a fixed amount) monthly, starting from the date of filing the application.”
  • The following is a list of documents attached to the claim:
  • a copy of the plaintiff’s passport;
  • the child’s birth certificate, as well as a passport if he has reached 14 years of age;
  • marriage certificate or court decision on divorce;
  • certificate of income of both parents (if available).

Also, depending on the situation, the following documents may be required when filing a claim:

  • Calculation of child support – checks for expenses for food, non-food items, medical expenses, etc.
  • Documents confirming the child’s residence with the plaintiff – through the police or the management company, it is necessary to draw up an act on the actual residence of the plaintiff with the child.
  • If the father hides his real income, then he should petition the court to demand the relevant evidence or provide it himself. For example, bank statements or confirmation of other expenses that do not correspond to the defendant’s declared income (purchase of cars, real estate, etc.).

Claim to change the procedure for collecting alimony

According to the Family Code of Ukraine, the procedure for payment and the amount of alimony prescribed by the court or with the consent of the parents can be changed at the request of the interested party. The grounds for going to court include a change in the financial or marital status of both the claimant and the payer.

For the claimant, this may be for the following reasons:

  • a decrease in the income of the alimony recipient;
  • increase in prices for consumer products (inflation);
  • the debtor’s income has increased significantly;
  • There was a need to purchase food, clothing, and medical care necessary for the child.

For the alimony payer:

  • the emergence of alimony obligations in relation to other persons;
  • decrease in income due to job loss;
  • the payer’s retirement;
  • the onset of disability or other serious illness in which the debtor cannot perform work.

To change the amount of alimony, the court must provide relevant evidence, such as certificates of employment, health certificates, and other income. Or apply for their claim in a statement of claim.

Application for recovery of alimony for maintenance of spouses

The Family Code establishes that spouses must support each other financially. Therefore, in some cases, the mother can collect alimony not only for the child, but also for her own maintenance. The procedure and amount of payments can be established by spouses with consent. However, if the parties were unable to reach an agreement voluntarily, then alimony may be forcibly collected through the court if one of the following conditions is met:

  • A man became incapacitated during marriage or within a year after its dissolution – if he is seriously ill and as a result is unable to perform work, and he also does not have other income that can provide a living wage.
  • If the wife takes care of a child over 3 years old.
  • A man takes care of a common disabled child until he reaches 18 years of age.

Alimony for a wife with a child under 3 years of age can be filed both during marriage and after divorce. Moreover, according to the Family Code of Ukraine, a man does not have the right to go to court for a divorce if his wife is pregnant or the child is less than a year old. If a man refuses to acknowledge paternity, the court orders a genetic examination.

Spousal support is awarded in a fixed monetary amount. In the descriptive part of the statement of claim, the wife should indicate the need for additional financial support. For example, there is no income, and the alimony collected for the child will not be enough to provide for the family.

If the spouses have income, this will not be a basis for refusing payments. However, when setting the amount of alimony, the court will take into account the financial situation of both parties and the needs of the mother and child. When making a decision, the cost of living in the region of residence of the plaintiff will also be taken into account.

Application to the state executor for the collection of alimony

According to the current legislation, the state executive service begins to collect alimony on the basis of a writ of execution and an application for the opening of enforcement proceedings. You can contact the executor at any time, regardless of the period that has passed since the issuance of the writ of execution.

Depending on the method of collecting alimony, enforcement documents may be different:

  • After the claim for alimony is satisfied, a letter of execution is issued, on the basis of which funds will be collected from the defendant. According to the Civil Procedure Code of Ukraine, cases of collection of alimony are subject to immediate execution; accordingly, a letter of execution is issued immediately after the decision is made, or it can be immediately sent to the executor at the request of the plaintiff.
  • When issuing a court order, there is no need to receive a letter of execution, since the court order itself is an executive document, so it can be immediately sent to the state executor.
  • If a notarial agreement on the payment of alimony is signed between the parents, then it can be presented to the executor to open enforcement proceedings.

An application to the state executor for the collection of alimony is submitted at the place of residence or stay of the debtor or at his last known place of residence. When drawing up an application, it must include the following information:

  • Details of the claimant (full name, place of residence, passport and contact details).
  • Personal data of the debtor, as well as information about the last known place of work or information about other income (benefits, pensions, etc.).
  • Bank account details for making payments.

Court fee for collecting alimony

According to the Civil Procedure Code of Ukraine, when filing a claim for alimony, citizens are exempt from paying court fees. If the claim is satisfied, it is collected from the defendant.

These rules apply if an application is submitted to change the order of payment of alimony by the claimant. If such an application is submitted by the payer, then the court fee is calculated from the price of the claim – as for claims of a property nature according to the rules of the current legislation of Ukraine. The cost of the claim in this case will be calculated from the amount by which payments are reduced over a period of one year.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or a lawyer, your case of collecting alimony will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case for the collection of alimony, call or write to a lawyer and you will receive answers to all your questions.

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