Application for recovery of additional expenses for a child

Application for recovery of additional expenses for a child

Collection of additional funds for the maintenance of children, in addition to alimony payments, is made if a child is diagnosed with a serious illness, serious injuries, as well as if constant care for the child is necessary, that is, if there are exceptional grounds.

In situations where both parents could not agree on the amount of additional payments, the issue of collecting money from the parents will be decided by the court. A statement of claim for the recovery of additional expenses for the maintenance of a child is filed with the court at the place of residence of the initiator of the appeal or the defendant.

When satisfying the plaintiff’s demands, the judge indicates in the decision the amount of additional expenses in a fixed monetary amount that the defendant will have to transfer monthly for the maintenance of the child.

The judicial authority may refuse to satisfy the claim if during the process it is established that the additional expenses are not related to preserving the health of the child, and also if there are sufficient grounds to assume that the defendant does not have enough funds for additional child support and is raising minor children.

Statement of claim for the recovery of additional expenses for a disabled minor child

If maintenance of alimony during divorce proceedings occurs due to the presence of at least one child, then the collection of additional funds for the maintenance of children is carried out as an exception.

Exceptional cases when, in addition to alimony payments, the father must incur additional expenses include the circumstances described in the Family Code of Ukraine.

These include:

  • severe illness (for example, cerebral palsy);
  • mutilation and serious injury;
  • constant child care (requiring material costs), established by a doctor (Family Code of Ukraine).

Thus, additional costs may include costs for surgery, expensive medications, prostheses, rehabilitation courses, etc.

In many cases, the presence of the above diseases in a child is confirmed by assigning him a certain disability group.

Practice shows that, for example, the costs of educating children are not considered by the courts as additional expenses.

All exceptional circumstances listed in the Family Code of Ukraine are not exhaustive, but their general criterion can be considered that they are related to the need to preserve the life and health of the child.

  • Parents bear additional costs for the maintenance of a disabled child based on mutual agreement or by decision of a judicial authority. A voluntary agreement between parents is concluded in writing with the mandatory procedure of notarization. The drawn up agreement can be used as a writ of execution, which will allow, in case of failure to fulfill the agreement, to collect the debt from the parents with the help of employees of the State Executive Service of Ukraine.
  • If the parties were unable to agree on a peaceful resolution of the dispute regarding additional funds for the maintenance of a disabled child, then the conflict will be resolved in court when filing a claim.

Claim for recovery of additional expenses for a child

When drawing up an application, the plaintiff must indicate in the document the compelling reasons that led to the application to the court, as well as the facts confirming the reason for the application.

The statement of claim must indicate:

  • name and address of the judicial authority considering the application;
  • information about both sides of the case (full name, place of residence, etc.);
  • information about the representative (if any);
  • information about the child;
  • circumstances that led to going to court (disability, serious injury);
  • facts confirming the reason for the request (medical findings, medical history, etc.);
  • demands for collection of monetary amounts;
  • list of attached documents, etc.

Where to file an application for recovery of additional expenses for children

A claim demanding the recovery of additional expenses for a child is filed with the court at the place of residence of the plaintiff or defendant.

The plaintiff must prepare two copies of the statement of claim, one of which is submitted to the court office, and the second the court will send to the defendant to familiarize himself with the requirements and arguments of the initiator of the dispute.

In addition to the claim, the plaintiff submits to the court:

  • a copy of an identity document (passport);
  • a copy of the marriage certificate;
  • a copy of the court decision on divorce;
  • a copy of the child’s birth certificate, for which you need
  • additional expenses;
  • medical history (copy);
  • a copy of the court decision on the collection of child support;
  • conclusion of the attending physician on the prescription of medications, special diet (copy);
  • medical report (copy);
  • cash receipts confirming the purchase of medicines, food, the provision of diagnostic (ultrasound, tomography, etc.)
  • and health services (for example, massage);
  • calculations of amounts of money for child support (future and already incurred expenses);
  • documents indicating the residence of the minor and his parents;
  • other documents confirming the need for additional expenses to support the child.

To assess the plaintiff’s financial situation, the court must provide:

  • income information;
  • a certificate of the amount of pension and other payments for a disabled child;
  • certificate of family composition;
  • other significant documents.

Procedure for considering a claim for recovery of additional expenses

Hearings on the case of collecting additional funds for a minor child begin a few weeks after the statement of claim is received in court.

  • The case is considered by a judge in the presence of both spouses, as well as their child (if necessary). The judge carefully studies all the evidence in the case before the start of court hearings, and may also invite each of the spouses to a conversation to clarify their positions on the case.
  • During the court hearing, each party expresses its point of view regarding the dispute. The plaintiff provides the judge with documentary evidence of additional expenses incurred as a result of the child’s treatment (receipts, invoices, contracts for the provision of medical services), a salary certificate, the amount of compensation payments for the child (if such payments are made), as well as other evidence.
  • Also, during the hearing (at the request of the judge), the plaintiff proves the validity and correctness of the calculation of additional amounts of money intended to retain the child in the future.
    In addition, the court takes into account the defendant’s arguments related to his income and expenses, the presence of other minor children in support, health status, the presence or absence of arrears in alimony payments, etc.

As part of the litigation, both parties have every right to present additional arguments and evidence not previously included in the statement of claim.

Court decision to recover additional expenses for the child

At the end of the trial, the court issues a decision specifying the amount of additional expenses that the defendant will have to pay monthly in respect of his child.

The court makes a decision in the presence of both parties. If one of the spouses is absent without a good reason, the judge announces the decision without his participation.

As a result of the court decision, the claim may be:

  • satisfied (in full or in part);
  • rejected;
  • considered later (postponement of the court hearing).

If the plaintiff’s demands are satisfied, the judge sets the amount of additional payments not in a certain share of the total income of the parents, but exclusively in a fixed amount of money. The amount of payments will depend on the financial situation of the defendant, as well as other significant circumstances (presence or absence of employment, children).

The total amount of additional expenses and alimony payments cannot exceed 70% of the defendant’s income.

Additional expenses for the child incurred by the plaintiff in connection with the litigation, if the claim is successful, are also subject to recovery from the defendant (usually half the amount).

By decision of the court, additional costs may be charged both to a minor child and to an adult child who may also require financial assistance.

The court collects additional costs:

  • for a limited period (during the course of treatment);
  • for an indefinite period (for example, in the treatment of AIDS).

The judge has the right to refuse to satisfy the claim if during the court hearing it is proven that the additional costs are not related to the circumstances provided for by current legislation, and also if the defendant has a small profit and there are other minors in his custody. In addition, in situations where it is possible to receive free help, the court may consider additional costs unjustified (for example, the plaintiff is treating a child in a paid clinic, although there is the possibility of full free treatment).

The court decision comes into force one month (30 days) after it is made, which allows both parties, if they disagree with the decision, to appeal it, that is, to file an appeal. If the claim is satisfied, the judicial authority issues a writ of execution

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents regarding communication between a parent and a child after a divorce.

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

With the help of a family lawyer or lawyer, your case regarding communication between a parent and a child after a divorce will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance regarding communication between a parent and a child after a divorce.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case regarding communication between a parent and a child after a divorce, call or write to a lawyer and you will receive answers to all your questions.

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