Child support after divorce

Child support after divorce

If the spouses divorced, but did not agree in advance on the conditions and procedure for paying alimony, then this can be done after the divorce. The statute of limitations rules do not apply to such cases.

It is possible to resolve the issue of providing assistance in maintaining common children by drawing up an agreement or filing a statement of claim with a judge at the place of registration of one of the former spouses. If the dispute is resolved in court, the claim will need to be accompanied by documents confirming the validity of the stated claims.

Apply for child support after divorce

Married parents are required to bear the costs of maintaining their minor children jointly. Divorce does not mean the end of the former spouses’ financial obligations.

After the divorce, many questions arise regarding the continued existence of the family, including financial support. Namely, the calculation of alimony. There are many nuances here regarding who makes payments, to whom, when, in what amount and within what time frame.

Alimony is funds paid by one former spouse to the other, intended to provide financial assistance. They can be paid or transferred voluntarily or compulsorily (by court).

Spouses can resolve this issue before a formal divorce or when considering a divorce case. For example, cases of divorce and collection of alimony can be considered at the same time in one meeting. You can also file a claim with the court to recover funds after the divorce.

How long after a divorce can you file for alimony?

Based on the Family Code of Ukraine, the rules of limitation periods (the period established by law during which the plaintiff has the right to file a statement in defense of his rights) do not apply to these relations.

After a divorce, you can go to court with a claim to collect alimony at any age for children until they reach the age of majority (18 years). It should be noted that funds for the maintenance of minors are subject to payment from the moment they go to court if a positive decision is made.

Example

The Ivanovs divorced their marriage when their common son was three years old. The ex-wife went to court to collect alimony when the child turned five years old. Consequently, payments will be assigned from the date of application to the court until the minor reaches eighteen years of age.

The following persons have the right to demand payment of alimony:

  • former spouses within three years from the date of birth of their common child;
  • ex-husband caring for their shared disabled child before his
  • eighteen years of age or a disabled child of group I since childhood;
  • required by a disabled husband or wife who became so before the divorce or within a year after it;
  • needs a man who has reached retirement age no later than five years from the date of divorce, provided that they have been married for a long time (more than ten years).

The statute of limitations applies to requests for debt collection in previous years. However, it is equal to ten whole years.

This means that if the court made a decision to transfer alimony and which subsequently has not been paid over the past ten years, then the ex-wife has the right to file a claim to collect it. But in this case, it is necessary to provide the court with evidence that the defendant deliberately evaded payments.

Collect child support after divorce

In cases where one of the spouses does not want to fulfill their obligations to support the child, the parents need to resolve this issue together through negotiations. They can prepare and sign an agreement on the procedure for paying alimony, in which all the necessary points regarding payments to the ex-man caring for a minor should be specified. You will need to indicate:

  • the amount of monthly payments;
  • the date no later than which funds must be transferred;
  • how payments will be made (in cash, by transfer to a bank account or card, and so on);
  • provide for payments of additional funds in case of illness of a child, etc.;
  • the possibility of changing the payment procedure and amount of alimony;
  • liability of the former spouse in case of violation of the terms of the transaction;
  • other information that may be relevant.

At the request of the parents, the document can provide for a schedule of communication with the child. When the transaction is ready, you should contact the notary who certifies it. After this, this document will have the force of a writ of execution.

However, if it was not possible to find any compromise on this issue, the parties could not agree, or for some reason one of the spouses thinks that he should not comply with the requirements of family law, the dispute over the collection of alimony from him can be resolved in court.

If there is no agreement between the former spouses, the amount of payments will be determined in court in the following amounts:

  • One fourth of earnings per child.
  • One third part – for two children.
  • Half of earnings for three or more children.

In this case, the family financial situation of the parents and other circumstances will be taken into account.

If the former man who is obligated to pay alimony has an irregular income or is unemployed (that is, he has no income), then the court may determine the amount of monthly funds collected in a fixed amount.

There are certain principles according to which such disputes will be considered in court. These include:

  • equal obligation of former spouses to support a minor child;
  • the obligation of parents to support their common children, regardless of when they were born – before or after divorce;
  • court decisions in cases of alimony collection are valid throughout the territory of Ukraine;
  • the equality of all existing children of one parent to receive full abstinence from him.

Where to apply for alimony after divorce

If the former spouses did not come to a common opinion and it was decided to sue for alimony, you need to take into account some nuances.

If there are several common children, then after the court makes a decision according to which they evade transferring funds for the maintenance of the child, the parent will be obliged to pay alimony, such a document will be valid for a certain time. Namely, until the eldest child reaches the age of eighteen. After this, the amount of maintenance should also be revised taking into account the number of remaining common minor children.

It happens that a person has doubts about whether he has the right to go to court with such a claim. Consequently, an application for the collection of alimony can be filed by a former spouse in cases where, by a court decision, minor children remain to live with him after the divorce. This is not affected by the fact who initiated the divorce.

According to established judicial practice, children under eighteen years of age remain in the care of their mother. Consequently, she is the plaintiff in such a child support case. Single parents also have the right to file such an application for the recovery of financial assistance if the children remain with him and he provides for them without financial support from his ex-wife.

Situations are possible when children remain with both the patronymic and the mother. In this case, alimony can be recovered from one of the spouses in favor of the other, who is less wealthy. In this case, payments will be determined in a fixed monetary amount.

Once the decision has been made to file a lawsuit, you will need to prepare a package of documents, including a statement of claim, and take them to the court. You must choose its location yourself. This may be a court located in the locality at the place of registration of the plaintiff or the defendant – the former spouse.

Claim for alimony after divorce

The statement of claim will be accepted if it is drawn up correctly. Such a document must necessarily contain an appeal to the court. It must indicate:

  • Name and details of the court for which the application is being submitted.
  • Passport details of the plaintiff and defendant: last name, first name and patronymic of the person, address of residence.

The statement also consists of a descriptive part. It must reflect all the circumstances relating to the case. Here you need to clearly and in detail explain all your requirements to the defendant.

Then follows the petition part, containing a request for the collection of alimony for the maintenance of children. You can also ask the court to invite the second parent to participate both in the expenses already incurred and in those that will be incurred in connection with the child’s illness and other circumstances. After this you need to put a date and signature.

The claim ends with the Appendix paragraph with a list of documents that the plaintiff attaches to this application. The documents specified in the attachments must be properly certified.

Documents for filing for alimony

In order to file a claim against your ex-spouse for alimony for minor children after a divorce, you must prepare certain documents and their copies. These include:

  • identity documents (passport) of the plaintiff and defendant;
  • Marriage certificate;
  • court decision on divorce;
  • birth certificates of children under the age of majority;
  • income certificates;
  • certificate of family composition.

In some cases, it will also be necessary to provide other documents confirming the grounds for the proposed claims against the defendant, that is, indicating the plaintiff’s need for financial support. This may include the following information:

  • about disability;
  • about retirement;
  • various hospital discharges.

It is not prohibited to attach to the claim other documents that, in the opinion of the applicant, can clarify the current situation.

If you do not know about the income of the second spouse, then to obtain this information you can contact the judge by filing an appropriate petition. He will put forward a request to obtain relevant data from the competent authorities, which will be attached to this case. The judge, at his discretion, may require other documents in addition to the listed documents. You can find out about this directly at the court hearing.

Answers from a lawyer about child support after divorce
My husband and I divorced three years ago. We have two minor children left. They are now five years old. The man is not helping us. Refuses help. Can I apply for child support now?
After the divorce, my son stayed with me. Upon divorce, we made a deal and had it certified by a notary. Four years ago he started a new family, and since that time he has stopped making payments. This year my son turned one year old and entered university, so we need money to pay for his studies. Can I sue my ex-husband to recover back alimony payments from him for these four years?

Collect child support after divorce through court

After the dissolution of a marriage, there is no automatic termination of parents’ financial obligations to support their children. It is possible to resolve the issue of the procedure, amount and conditions for paying money to an ex-man with whom a minor child remained after the divorce, both during the divorce process and after it.

This can be done in two ways: by preparing and signing an agreement on the procedure for paying alimony or in court by filing a statement of claim. However, the statute of limitations rules do not apply to this case. In order for the transaction to have the force of a writ of execution in the future, it must be certified by a notary.

If it is not possible to resolve this dispute through negotiations, it is possible to file a claim with a judge at the place of registration of one of the former spouses. The claim must be accompanied by documents confirming the validity of the defendant’s claims.

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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