Child support without divorce

Child support without divorce

As follows from the norms of the Family Code of Ukraine, responsibility for the maintenance and provision of children under the age of 18 lies with the parents (or their substitutes). The father and mother are equally obliged to support the child, and to the same extent they have rights in relation to the child.

  • In what form the provision of benefits and the distribution of responsibilities for the child occurs is decided by the parents themselves, by mutual agreement.
  • In case of disputes on this issue, persons go to court.

The burden of maintaining a minor may not be distributed evenly by the general consent of the spouses/former spouses. For example, the father agrees to bear the material costs of education, buying clothes, shoes, etc., and the wife, in turn, undertakes to provide normal nutrition for the child’s age.

Legislation, in order to protect the rights of the child, makes it possible to resolve issues of child support, both during marriage and after.

Due to various circumstances, even without a divorce, the mother/father may require the second man to bear the costs of providing the child with everything necessary for a normal existence (food, clothing, education, etc.)

Determination of alimony obligations can occur on two grounds:

  • voluntary – by drawing up a transaction;
  • with the help of judicial red tape if the father does not fulfill/refuses his obligations; or no agreement was reached between persons when drawing up the document.

Apply for child support without divorce

The process of obtaining alimony during marriage and after divorce is no different. The procedure, documents (with the exception of the marriage certificate/court decision on divorce) and other nuances are identical. The parties either resolve the issues themselves or seek help from a judicial authority.

Agreement on alimony without divorce

By virtue of family and civil law, an agreement is an agreement containing the amount, conditions and procedure for paying alimony, concluded between the recipient of alimony and the citizen who is obliged to pay it. The above citizens are legal representatives, parents, guardians.

  • If one of the parties to alimony obligations is incapacitated, then the agreement is concluded by their legal representatives.
  • If a citizen has limited legal capacity, then an agreement is concluded with the consent of his representatives.

Citizen Matveeva R.I. and Matveev K.P. are the parents of Matveev P.P.. The marriage between Matveev was broken off 10 years ago, at that time, Matveev P.P. was 5 years old. The following years, the child’s father did not participate in the child’s life and did not provide for him.

After the divorce, the mother of the minor, given that a mental disorder arose, was declared incompetent by the court and her sister A.I. Grineva became her representative. As a result of negotiations between the child’s parents, it was decided to enter into an agreement on the payment of alimony. Since Matveeva R.I. is incompetent and the agreement concluded with him will be considered invalid, then the agreement was concluded on behalf of A.I. Grineva. in the interests of Matveeva R.I. and minor Matveev K.P.

The agreement does not have a clearly defined content. Based on its essence, it should be clear within what time frame and what amount the minor will receive or what expenses will be borne by each party to the transaction.

Alimony agreement without divorce

The document is drawn up in writing and certified by the signature of a notary. The agreement has the force of a writ of execution in accordance with the Family Code of Ukraine. The validity of the agreement obliges the citizens who entered into it to comply with their obligations until the day the agreement is valid.

Since the transaction is a contract, the emergence or termination of its legal force is subject to civil law rules. That is, an agreement concluded in violation of the basic rules of the law on transactions will be invalid and will not have force. In particular, failure to comply with the form of the transaction and lack of notary certification will entail the same consequences.

The Agreement ceases to be valid in the following cases:

  • upon expiration of the contract period specified in the document;
  • termination of the transaction by common consent;
  • death of the alimony payer or the person in whose favor payments are made.

Collection of child support without divorce through the court

In cases where concluding an agreement by common consent is not possible for various reasons or a party wishes to go directly to court to collect alimony, collection of alimony is possible with the help of the court.

You can go to court with one of two applications:

  • statement of claim;
  • application for a court order.

The claim may be filed as a separate claim during the marriage or after the marriage has ended. The requirement for alimony payments can also be expressed in a petition for divorce. The legislator is not categorical on this issue.

The duration of the limitation period is considered as follows: if a person has not previously applied for alimony payments, then he can apply at any time before reaching the age of 18, and in the case of a child’s disability, accordingly, without restrictions. Payments are assigned from the moment you apply to the tribunal.

  • If a citizen previously took action to receive alimony, but the person evaded it, then alimony can be recovered for previous years.
  • And if the person obligated to pay alimony intentionally did not comply with the requirements, but an agreement or writ of execution (court decision) previously existed, then collection can be made for the entire time from the appointment of payment to the day of payment.

The order of writ proceedings is typical for alimony obligations in which there are no disputes about paternity or payment.

The court makes a decision within five days from the date of receipt of the application. Witnesses are not called, the court of the party does not listen to the basis of the decision only the evidence provided by the applicant.

Within ten days, the party against whom the decision was made may file objections. In this case, the order is canceled and the dispute is considered in the usual manner.

Documents for child support without divorce

Child support is the responsibility of parents established by law. In society, as a rule, child support is levied for children after a divorce after a certain time has passed when the father does not fulfill his obligations to provide for the child. But the legal point of view on this issue is not clear-cut and allows even being in a marital relationship to be forced to perform one’s parental functions.

Moreover, the legislator does not set a condition for living together or separately to realize the possibility of collecting alimony. If a person demanding the collection of alimony decides to go to court, he must add the following documents along with the application:

  • copy of the passport;
  • a copy of the children’s birth certificate;
  • a copy of the marriage certificate;
  • certificates of income of the plaintiff and, if possible, the defendant (if this is not possible, ask the court to request);
  • certificate of family composition;
  • documents justifying expenses for the child;
  • amount to be recovered with all payments.

Alimony without divorce for child and wife

Alimony obligations in relation to a child and a wife are different obligations and if the plaintiff’s demand for the collection of financial resources for the maintenance of the child is stated in court, then it will not apply to him. If a woman wants a man to make payments on her account as well, she must make a separate request for this.

There is a certain list of conditions under which a spouse has the right to demand her financial support:

  • pregnancy;
  • spouse’s disability;
  • having a common child under 3 years of age;
  • caring for a disabled minor child;
  • Caring for a disabled child from childhood group throughout the child’s life.

The amount of alimony for the wife is determined based on the financial situation of the spouses, the interests of the parties and other facts relevant to determining the amount. As a rule, a fixed amount of money is assigned.

The plaintiff applies to the court at the defendant’s place of residence or place of residence. You must submit an application in 2 copies and add copies of documents. The application indicates the details of the plaintiff and the defendant, the circumstances justify the demands and attach evidence of their arguments. If there is no dispute, you can apply for a restraining order.

The court has the right not to order alimony payments to the wife or to limit the period of payments in cases where:

  • disability occurred as a result of alcohol/drug abuse;
  • disability occurred as a result of committing a crime (intentional);
  • A wife who behaved unworthily in her husband’s family is demanding alimony payments.

Child support without divorce

The Family Code of Ukraine determines the amount of alimony to be paid to the child. The number of children determines how much of the alimony payer’s income will be withheld.

  • The amount of child support is 1/4 or 25% of the salary.
  • For two children 1/3 or 33%.
  • For three children and more 1/2 or 50%.

It doesn’t matter how many marriages the three children came from, one or more. If a parent already pays alimony in the amount of 25% for one child and marries for the second time, and the second wife demands payment of funds for the maintenance of two children born in the second marriage, then the amount of payments for the first child from the first marriage can be reduced.

If the father does not have a regular income or he receives payments in foreign currency, etc., then the court may order a payment in a fixed sum of money.

The guideline for paying a certain amount is the living wage. The cost of living depends on the age of the child. Taking into account indexation, the fixed monetary amount is subject to correction.

If the defendant has additional income, then the penalty will be applied for part of it, at the discretion of the court. When calculating payments, the court focuses on the child’s lifestyle, financial situation, marital status, health status, etc. If one of the children turns 18 or for other reasons, payments will be made only to two or one child, then the interested party can go to court and increase the amount of alimony.

Answers from a lawyer about child support without divorce
My sister, while pregnant, married a man who is not the father of the child, since the biological father abandoned the child. According to the documents, the father of the child is considered to be the sister's husband. Today they decided to end the marriage. Who should pay child support, the biological father or the ex-husband?
My ex-husband, by court decision, must pay a certain amount of alimony. He has not fulfilled his obligations for three years; before that he paid. During this period, the amount amounted to about 200 thousand hryvnia. He has been married for 2 years and they own a car and an apartment. Is it possible to recover this amount in any way?

Collection of child support without divorce

Providing a child with a normal standard of living is the responsibility of the parents or their substitutes. If citizens refuse to fulfill their duty voluntarily, then a court decision and enforcement proceedings will help fulfill these obligations.

An agreement between spouses is the most practical option for all parties because it does not take much time and helps to reach a common decision. Litigation is a measure without which a person cannot otherwise protect the rights of the child.

The right to alimony obligations arises not only from the mother, but also from the father of the child, in the case when the child (by a court decision or a general agreement of the parents) remains to live with her husband. An unscrupulous man can be forced to support children both during marriage and after its dissolution. It is important to keep in mind that the need to support children becomes mandatory for parents even after the child reaches adulthood, if he is disabled or continues to study.

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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