Collection of alimony through court

Collection of alimony through court

The Family Code establishes the obligation of parents to support their minor children, regardless of whether they are in a registered marriage or not. Also, according to family law, spouses are obliged to support each other financially. Moreover, there are situations when, after a divorce, the ex-man needs additional financial support – for example, due to the onset of disability. For these purposes, the law provides for the possibility of voluntary payment and forced collection of alimony.

Thus, financial support in the form of alimony provided for by law can be assigned to a child or a man in need by concluding a notarial agreement between the parties. However, if it is not possible to reach agreement on payments voluntarily, then the interested party will have to go to court to formalize them. The collection of alimony in court has its own characteristics depending on the specific circumstances of the case and the requirements stated by the plaintiff, while the court will take into account the financial situation of both parties and other circumstances worthy of attention.

Sometimes going to court does not serve to collect alimony, but to change the order of its payment, if over time after registration the positions of the parties have changed significantly (for example, if the financial situation of the payer has changed significantly or one of the spouses has developed or ceased to be incapacitated, etc.).

The procedure for collecting alimony in court

The right to child support arises regardless of the marital status of his parents – payment for child support can be demanded both during the marriage and after its dissolution (or even without marriage, if paternity of the child has been established in relation to the payer in accordance with the law). Also, one of the parents with a child has the right to additionally count on their maintenance in the following cases:

  • if during the marriage or within one year from the date of its dissolution he became incapacitated due to disability;
  • if this is a pregnant wife or the spouses have a common child who is less than three years old;
  • if a man takes care of a common disabled child.

As mentioned above, the Family Code, when the right to alimony arises, provides for contractual or judicial collection. In the first case, the spouses enter into a deal and independently determine all the conditions of alimony payments, however, the amount of alimony under the agreement in any case cannot be less than the minimum established by law. If it is not possible to reach an agreement voluntarily, then the interested party has the right to recover funds through the court.

How to collect alimony through court?

If child support is collected, then, in accordance with the Civil Procedure Code of Ukraine, it can be assigned in a simplified manner on the basis of a court order. This document has the force of a writ of execution and is issued without scheduling a hearing in the case. To do this, the claimant should go to court and indicate in the application that the man does not participate in the maintenance of the child. And if there are no disputes about recognition of paternity, the court will independently decide within five days to collect alimony in shares of the parents’ income.

However, such a decision can be canceled if, within 10 days from the date of receipt of a copy of the court order and the documents attached to it. In addition, if the court does not have grounds for issuing it or to defend its position it is necessary to provide various evidence in the case, then it will be necessary to go to court again through a lawsuit.

More information on how to draw up a statement of claim for the collection of child support and an application for the issuance of a court order can be found in the following article.

Jurisdiction of cases of alimony collection

A statement of claim or a request for the issuance of a court order can be filed according to the general rules of jurisdiction, that is, to the court at the place of residence of the defendant. However, according to the Civil Procedure Code of Ukraine, claims for alimony can also be brought to the court at the plaintiff’s place of residence, at his discretion.

  • If, simultaneously with a claim for alimony, a demand is made for recognition of paternity or deprivation of parental rights, then such a dispute is subject to consideration in the district court – as well as claims to change or invalidate the agreement on the payment of alimony.

Court fee for alimony collection

In accordance with the provisions of the Law of Ukraine “On Court Fees,” plaintiffs in cases of alimony collection are exempt from paying court fees. In this case, when the claim is satisfied, legal costs are borne by the defendant.

When several claims are combined in a statement of claim, the court fee is calculated for each of them – that is, for example, if the plaintiff, at the same time as the claim for alimony, made demands for the division of common property, then he will need to pay the court fee for this claim based on the price of the claim. However, he still will not pay the court fee for demanding alimony.

For how long can alimony be collected through the court?

You can apply to the court to collect alimony at any time, regardless of how much time has passed since the rights to it arose. Payments are calculated from the moment you go to court if the claim is satisfied.

It is possible to collect alimony for the past period for the last 10 years before going to court, if it is proven that attempts were made to negotiate with the defendant about their payments, but he avoided fulfilling his obligations. The following can serve as confirmation:

  • notification of sending the relevant requirements by mail (including electronically);
  • confirmation of sending a proposal to conclude an alimony agreement;
  • refusal of the court on an application for a court order in connection with the received objection of the second party.

If a claim is filed in court simultaneously for the collection of alimony and recognition of paternity, then it will not be possible to collect alimony for previous years. Their accrual will be deducted from the moment the application is submitted to the court, since until that moment the defendant was not recognized as the father of the child.

The right to receive alimony is terminated in the following cases:

  • the child is 18 years old or has acquired full legal capacity;
  • adoption of a child by another father;
  • death of the recipient or payer of alimony.

Alimony can be paid to a disabled child even after 18 years of age. However, to do this, the recipient (collector) will need to go to court with a separate request to assign payments to a disabled adult child.

Amount of alimony collected in court

When filing an application with the court, you must indicate how much payments will be charged. For a minor child, alimony is usually established as a share of the income (earnings) of the alimony payer in accordance with the norms of the Family Code of Ukraine. However, if the defendant’s income is inconsistent or non-existent, then payments can be assigned monthly in a fixed amount (a fixed amount of money), but for this the plaintiff will need to provide evidence of the defendant’s income. In rare cases of seizures, a combination of these methods can be established

In any case, the amount of alimony may be assigned at the discretion of the court, taking into account the financial and marital status of the parties to the dispute, as well as other circumstances worthy of attention.

Thus, depending on the circumstances of the case, alimony can be awarded by the court in the following form:

  • As a share of income (earnings) – depending on the number of common children, 1/4 of earnings can be recovered for one child, 1/3 for two children, or 1/2 if there are three or more children.
  • In a fixed amount – alimony is paid in a fixed amount monthly. Assigned in this form when the payer’s income is not constant or absent. And also if such a demand is made by the wife.
  • In a mixed form – they can be appointed by the court when the debtor, in addition to the main income, has a permanent additional income, for example, a state pension.

Evidence for the court in the case of alimony collection

When filing a claim for alimony, you must provide the court with evidence substantiating the plaintiff’s position. For example:

  • If child support is collected as a share of earnings or other income, it should be indicated that the defendant has employment or another source of regular income.
  • If alimony must be collected in a fixed monetary amount, then the court can be presented with facts such as that the defendant has irregular earnings, lack of it, or that he receives income in kind or in foreign currency. This can be confirmed by various certificates that will act as evidence in the case.

However, documents on income cannot be provided to the plaintiff in person, so you should petition the court to request them.

As a general rule, when assigning alimony in a fixed monetary amount, the previous level of support for the child should be taken into account. If alimony is payable to the wife, then it is usually assigned in the amount of the subsistence minimum or in shares of it.

If the defendant’s actual income is significantly higher than that indicated in official documents, then the plaintiff should also provide relevant evidence of this or request documents confirming the discrepancy between the defendant’s expenses and his declared income. For example, this could be account statements, witness statements, the presence of an expensive car, real estate, or confirmation of trips to expensive resorts, etc.

Changing the procedure for collecting alimony through the court

If alimony has already been assigned, situations may arise when it is necessary to change the procedure for collecting it. A legally significant circumstance for this is a change in the financial or marital status of the payer or recipient of alimony, for example:

  • the appearance of a disabled family member on the payer’s payroll;
  • the onset of a disease in which the payer is unable to perform work;
  • the child has his own income, etc.

If alimony is paid on the basis of a concluded agreement, then its terms can be changed through the court. For example, if the payer’s salary has increased significantly, and the agreement stated that alimony is charged in a fixed amount.

The court accepts the claim if a pre-trial settlement of the dispute has been made and a proposal has been sent to change the terms of the agreement. To satisfy the claim, the following documents must be provided along with the agreement:

  • If there has been a change in the defendant’s financial situation, then the relevant documents must be provided – for example, a certificate from the place of work about income, about family composition, about the presence of an illness, about being registered as unemployed.
  • Documents confirming the sending of a proposal to change the defendant’s contract and its rejection or leaving without a response – notification of delivery of a registered letter to the defendant with a description of the documents. Or a corresponding written refusal signed by the alimony payer.

Court decision and writ of execution on alimony

Claims for the collection of alimony are those cases in which decisions are subject to immediate execution. Therefore, a letter of execution when collecting alimony is issued immediately after a court decision is made.

However, the possibility of appealing the decision remains, so the defendant can file an appeal within 30 days from the date of the decision.

If enforcement proceedings began on the basis of a court order, then it can be canceled within 10 days. In all cases, applications to higher authorities are sent through the court that heard the case.

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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