Divorce and alimony collection

Divorce and alimony collection

Issues related to marriage relations are regulated by the Family and Civil Procedure Code and other normative and legislative acts.

Thus, divorce is carried out at the request of both spouses (administratively) or only one of them (judicially).

  • In case of joint consent of the spouses, their marriage union is terminated by the civil registry office, provided that they do not have common minor children.
  • If one of them is against the termination of family relations or there are minor children in the family, then divorce is possible only through the court.

In one claim, you can make several claims that are related to each other. Thus, simultaneously with the demand for divorce, you can also indicate a demand for alimony. If the court deems this possible, these issues will be considered in one court proceeding.

Jurisdiction for divorce and alimony collection

Cases of divorce and alimony awards are classified as civil cases that are subject to the jurisdiction of the district courts at the place of residence of the defendant or plaintiff. Therefore, an important point when filing a claim in court is the correct determination of the jurisdiction of the case.

Thus, cases of divorce and collection of alimony are subject to jurisdiction at the plaintiff’s place of residence, if the plaintiff is supporting minor children, or due to health conditions the plaintiff cannot go to court at the defendant’s place of residence.

In other cases, if a man and a woman cannot agree on who the child will live with after their divorce, on the participation in his upbringing of the parent who leaves the family and will live separately, as well as on the amount and procedure for paying financial support , cases are subject to the jurisdiction of the district court at the place of residence of the person with whom the child is located at the time of going to court.

When considering these cases, it is fundamentally correct to find their jurisdiction.

  • According to general rules, a claim is filed in court at the defendant’s place of residence.
  • At the same time, in some cases, the plaintiff has the right to choose the court to which he intends to file a claim (alternative jurisdiction).
  • If the plaintiff, with whom the minor child remains to live, does not have information about the defendant’s place of residence, or travel to the place of residence due to health reasons is difficult, then the statement of claim can be filed at the defendant’s last known place of residence or at his place of residence.

Before the court accepts the document of claim for proceedings, the spouses, by mutual agreement, can change the territorial jurisdiction of the case provided for by law, that is, change the court where further consideration of the case will take place.

How to file for alimony after divorce?

It is not always the parent (most often the mother) with whom the child remains to live who, during the dissolution of the marital relationship, simultaneously resorts to collecting alimony from the other parent. This happens in cases where spouses divorce peacefully and the one who bears the burden of alimony obligations first promises to pay them voluntarily, but subsequently does not fulfill his promises.

Or, an application for divorce is submitted unilaterally to those spouses with whom the child does not live, in the absence of consent to the divorce of the other party. In this case, either the other party files a counterclaim for alimony, and then the court may decide to combine the two applications into one trial, or she files it at any time after the official dissolution of the marriage.

At the same time, we should not forget that alimony for the elapsed period of time when such a right arose is not awarded. If the claim is filed after a divorce, payments will be assigned only from the moment the court goes to court. Once the child reaches adulthood, this is no longer possible.

If the father who pays alimony has a stable income, then the plaintiff may well apply to the court to issue a court order. If there are sufficient grounds, the judge has the right to consider it in a simplified manner, without calling the parties to the case at the court hearing. Alimony in court is established in partial relation to the wages and other income (earnings) of the defendant and depending on the number of minor children.

If the father, who is obligated to pay child support, disagrees with the decision of the judge, the court order at his request may be canceled. Then the applicant for alimony must file a corresponding statement of claim with the district court, which will make the final decision on this case.

Application for divorce and alimony

Demands for divorce and alimony can be filed in separate claims or combined into one claim.

It is possible to resolve these issues quite quickly if the spouses have made a joint decision to sever their relationship and they have no disputes about the residence of their common children, about the participation of each in their upbringing and further maintenance. In such a situation, they file an application for divorce and collection of alimony from the judge at the defendant’s place of residence. At the same time, they need to determine who will be the plaintiff in the case and who will be the defendant.

In all other cases, when spouses have disputes regarding issues concerning their children, the situation can only be resolved by filing a statement of claim in the district court. Such a procedure will take much more time, and will largely depend on the correctness of the claim, the provision of a full package of necessary documents, including calculation of child support costs, and the compromise of the parties during the trial.

The Civil Procedure Code defines the requirements for the form and content of an application for a court order, of which the main ones can be identified:

  • submitting an application in writing;
  • indicating the details of the court;
  • availability of information about the alimony payment claimant and the debtor;
  • a listing of the circumstances where the applicant’s claim is based and documents confirming its validity.

Requirements for the form and content of the statement of claim must satisfy the provisions determined by the current legislation of Ukraine. This article does not contain any fundamental difference from previous requirements. A distinctive feature is that in the claim the parties are referred to as “plaintiff” and “defendant”, and a broader list of requirements is presented to the content of the statement.

If you doubt your ability to competently draw up a claim document without outside help, then it is better to immediately contact a lawyer or other professional lawyer.

When a judge prepares a case for trial, he may come to the conclusion that it is inappropriate to try several claims stated in one claim in one trial. Then he makes a decision to divide them into separate productions.

Court decision on divorce and alimony

There are general rules regulated by the Civil Procedure Code of Ukraine, in accordance with which civil cases are considered and resolved. At the same time, on the basis of the Family Code of Ukraine, a decision in a divorce case can be made by the court no earlier than a month from the date of filing the documents.

In addition, a court order to collect child support is issued by a judge within five days from the date of filing the relevant application with the court. In this case, no trial is carried out and explanations of the parties in the case are not heard.

During the judge’s consideration of an application for divorce, if the parties do not have any controversial issues, a decision can be made already at the first court hearing.

As a rule, in practice, all the above deadlines are not observed. This is especially true in cases where claims for divorce and alimony are stated in one statement of claim and are considered in one court proceeding. Therefore, if the process on one of the requirements is delayed, then the decision on another issue is automatically delayed.

Before making a final decision on the case, the court examines all the documents provided to it confirming the stated claims, hears both sides of the process and witnesses in the case.

When making a decision on divorce, the court is based on facts established during the trial that confirm the impossibility of further prolonging the spouses’ life together. But if one of them is against divorce, then the judge may give the couple time to reconcile. However, after this period, which can last up to six months, if the parties do not come to an agreement and insist on breaking off the relationship, then their marriage is dissolved.

When resolving disputes concerning children, the court, first of all, takes into account the interests of the children themselves. It takes into account not only their age, commitment to each parent, but also pays attention to the moral and personal qualities of the spouses, the level of relations between them at the time of consideration of the case, their income and the possibility of creating appropriate and favorable conditions for the children for their upbringing and development in the future.

At the request of the father, with whom the children will not live, the court has the right to determine the order of his meetings and communication with them. A representative of the guardianship and trusteeship authorities must be involved in the consideration of this issue.

After the end of the trial on the merits of the case, the judge, guided by the provisions of the Civil Procedure Code of Ukraine, makes a court decision, which, like a court order, can be appealed by the parties in a higher court.

As for decisions made to collect child support, they are subject to immediate execution. Therefore, a court order issued by a judge, which itself is an executive document, or a letter of execution drawn up on the basis of a court decision, are transferred to the state executive service at the place of residence of the alimony payer to open the appropriate enforcement proceedings.

Child support without divorce

It happens in life that, while married, one of the spouses avoids fulfilling their parental responsibilities and does not provide financial support to the child. To resolve the situation, it is not at all necessary to part with him. It is enough to apply to the court with a statement of claim for the recovery of alimony for the maintenance of a minor child.

The amount of payments will depend on the person’s salary and income, as well as the number of children. If he has unstable earnings, alimony can be assigned in a fixed fixed amount.

Example

Spouses Leontiev O. and Leontiev D. are legally married. They have a four-year-old son. For a year and a half now, O. has been living either at home or with his parents and has not helped his family financially. It’s hard for my wife to support a child and pay rent on her salary. She is unable to resolve the issue with her husband about monthly financial support from him in an amicable way. She also doubts whether she should go to court for alimony when O. does not have a regular income.

In this case, citizen Leontyeva D. needs to go to court as soon as possible with a statement of claim to collect alimony from her husband for the maintenance of her son. This should not be delayed because:

  • payments will be assigned only from the moment the application is submitted;
  • if Leontyev O. does not pay the awarded alimony, then the accumulated debt on it can always be recovered from any of his income in the future, or he can be brought to administrative and even criminal liability.

If the spouses continue to be married, then the procedure for applying to the court for child support, as well as the requirements for the form and content of the statement of claim are the same as when filing documents after a divorce.

A distinctive feature of this trial will be the need for the male plaintiff to prove the lack of financial support from the male defendant.

Answers from a lawyer about the collection of alimony and divorce

My husband and I have been divorced for four years. We have a daughter. When a man lived with us, he helped us financially. Not long ago he moved to a separate apartment and stopped giving money to support his daughter. Where can I apply for alimony and what do I need for this?

If your ex-spouse’s income is stable and he will not resist paying alimony, then the issue can be resolved by applying to the court for a court order to collect these payments.

If he receives income from several sources or his earnings are inconsistent, then the claim should be filed in the district court. The stated demands must be specific, to the essence of the matter, and must be clearly reasoned. The claim must be accompanied by a package of documents, including:

  • passport proving your identity;
  • daughter’s birth certificate;
  • marriage certificates;
  • court decision on divorce;
  • a certificate confirming that your daughter lives with you;
  • certificate of the defendant’s place of residence (if possible);
  • calculation of the amount of alimony for the maintenance of the daughter and justification of the expenses included in it.

If you know the sources of income of your ex-spouse, then they must be indicated in the text of the submitted application.

Divorce and collection of alimony

The difficulty of divorce cases is that the man and woman at such a moment are full of insults and claims against each other. And there are many reasons that lead them to such a decision. The task of the court is precisely to take an objective approach to the current situation in order to understand in detail the difficult relationship between the spouses in order to make the only right decision.

If one of the spouses does not agree to divorce, the court takes measures to reconcile the parties. Sometimes this gives positive results, and the family is preserved.

If the spouses mutually agree to dissolve the marriage, the judicial authorities, as a rule, do not go into detail about the circumstances that led them to this step. However, they must monitor whether the rights and interests of their common minor children are violated.

The legislation allows consideration of claims for divorce and alimony in one court case.

When filing a claim in court, you need to correctly determine the jurisdiction of the case, comply with the requirements for its design, and also collect a package of necessary documents and evidence.

A claim for alimony can be filed at any time before the child reaches the age of majority. It does not matter whether the spouses are in a registered marriage or have officially broken off their family relationship.

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.

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