Documents for alimony

Documents for alimony

Alimony can be paid voluntarily (through a notarial agreement) or compulsorily (in court). In any case, to assign them, the claimant must prepare certain documents confirming two basic conditions: the right to alimony and the need for it.

It is important to note that in case of voluntary collection of alimony payments, notary services are subject to payment. In the event of a judicial assignment of funds for maintenance, the plaintiff (applicant) is completely exempt from paying the court fee.

The list of documents when assigning funds by voluntary consent, as well as when collecting through the court (using a court order or filing a statement of claim) will be somewhat different, but there will also be overlaps (for example, documents confirming family ties between the parties).

After preparing all the necessary papers, depending on the method of alimony registration, you will need to come to an appointment with a notary or go to court. And the result of consideration of the issue of alimony will be an executive document giving the right to violate enforcement proceedings on alimony.

Documents on payment of child support for an agreement between parents

Notarial alimony agreements between the parties can be concluded only if the recipient and the payer have a complete compromise on the following issues:

  • payment of funds;
  • the method of their maintenance;
  • payment amounts;
  • frequency of payment;
  • accrual terms;
  • transfer methods

If the parties have a discrepancy in at least any of the parts relating to alimony payments, the notary will not be able to certify the agreement and will offer to formalize the assignment of payments in court.

If agreement is reached, the payer and recipient must jointly visit any notary office with the originals of the following documents:

  • passports of the parties.
  • documents certifying family ties between the parties (as a basis for assigning funds):
  • birth certificate of the child (if the payer is the father of the child), and in the case of the birth of a son or daughter out of wedlock – an additional document confirming paternity:
  • certificate of paternity establishment from the DRATS authority;
  • or a court decision establishing paternity that has entered into legal force.
  • marriage certificate or court decision on divorce (if alimony is being collected against a man or ex-spouse);
  • other documents confirming family ties (if we are talking about maintenance between other related persons).

Certificate from the place of work of the future alimony payer on the amount of wages for at least 6 months. This document is necessary for a notary when concluding an agreement for a minor child in compliance with the Family Code: the amount of alimony collected under the agreement cannot be lower than what a person could realistically expect in court (for example, at least 1/4 of the payer’s income when assigning alimony for one child).

Recipient’s bank account details. It is important to note that the notary is provided with the so-called “detailed” details of the claimant, issued by the bank and containing the account number. This document is provided to the notary to include details in the transaction.

Drawing up a child support agreement

The service for drawing up a notarial agreement is paid. The cost of the alimony agreement depends on the specific notary. The parties to the transaction pay for the service by agreement (one of the parties in full or jointly – in half or in any other ratio).

If we are talking about supporting several children, in order to save money, you can conclude one agreement for all of them at once. However, if we are talking about alimony for a child under the age of three, and at the same time about the maintenance of his mother, you will have to draw up two separate documents (which will accordingly double the costs).

If an agreement is drawn up to assign alimony in favor of a minor child who has reached the age of 14, his personal presence at the notary together with the parents is mandatory. This is due to the teenager acquiring partial legal capacity and the right to independently sign a document with the consent of the parents – legal representatives in accordance with the Family Code of Ukraine.

Despite the peaceful and peaceful nature of the conclusion of this document, the Family Code of Ukraine gives it the legal force of a writ of execution. This means that in the event of non-fulfillment of alimony obligations, the notarized consent may be subject to forced execution.

Documents for collecting alimony through the court

The judicial procedure for assigning funds is provided when the other party refuses to voluntarily participate in the financial support of the child. Alimony disputes related to issues of establishing or challenging paternity are resolved in court.

You can order alimony payments in court:

  • by writing an application for the issuance of a court order for the collection of alimony (the method is provided only for the collection of funds in favor of minor children);
  • by going to court with a claim for alimony.

The method of submitting documents to the court does not depend on the chosen recovery option (writ or claim); the applicant has the right to choose the most convenient for him:

  • paid – send an application and a package of documents by registered mail with notification so that the applicant receives confirmation of receipt of the documents by the court;
  • free – personally submit the claim to the court office.

When serving in person, it is important to take care to obtain a mark confirming acceptance of the application on your copy of the claim so that the court does not delay the consideration of the alimony case.

Claim and writ proceedings in the collection of alimony

An application for a court order provides for simplified proceedings and is considered by the court within 5 days without summoning the parties.

However, the disadvantages of such proceedings are the impossibility of assigning funds for child support in a fixed monetary amount, as well as the high probability of a simplified cancellation of the order by the debtor (in the latter case, the applicant will have to apply for alimony again, but this time through a lawsuit).

A statement of claim for the recovery of alimony is applicable to all categories of claimants and payers, and is carried out by the court within approximately 2-4 months with mandatory court hearings and summoning of the parties.

However, the advantages of filing alimony claims in a statement of claim outweigh the possible prospect of delays:

  • any parties to alimony legal relations (parents, children, spouses or ex-spouses, as well as other relatives in accordance with the Family Code of Ukraine) can apply for payments;
  • funds can be assigned in any possible way:
  • in shares of the defendant’s income in accordance with the Family Code of Ukraine;
  • in a fixed monetary amount according to the Family Code of Ukraine;
  • simultaneously in shares and a fixed monetary amount.
  • provision is made for the recovery of funds for the child, including for the past period.

Documents for collecting alimony through the court

The list of documents for issuing a court order is regulated by the Code of Civil Procedure, but there is no clear requirement for it. By order, it is possible to assign alimony payments only to minor children, and their need is recognized “by default”, taking into account the incapacity for work, as well as the obligation of parents to support their children until adulthood.

The list of documents is indicated as part of the application and should be as follows:

  • An application drawn up in accordance with the requirements of the Civil Procedure Code of Ukraine;
  • A copy of the claimant’s passport and taxpayer code.
  • A copy of the child’s birth certificate (if the child was born out of wedlock, an additional document establishing paternity must be attached: a paternity certificate from the civil registry office or a similar court decision).
  • If there is no document confirming paternity and the father is only the biological father of the child, collection of alimony through a court order is impossible. In this case, alimony can be assigned only through a full-fledged claim in a district (city) court as part of a “complicated” claim – simultaneously for recognition of paternity and the assignment of alimony.
  • court decision on divorce (if the child’s parents are divorced).
  • Certificate from the debtor’s place of work (if available).

It is important to note that the court must be provided with two sets of documents (including the application itself): one each for the court and one for the debtor.

Documents for filing a claim for alimony

Requirements for the preparation and documentation of a statement of claim are set out in the Civil Procedure Code of Ukraine. However, the documents required for a claim for alimony may be somewhat broader than the list:

required:

  • a copy of the plaintiff’s passport and taxpayer code;
  • a copy of the defendant’s passport and taxpayer code (if);
  • a copy of a document confirming family ties with the defendant as the basis for his obligation to pay alimony:
  • to collect child support – a birth certificate and additional documents on paternity (if available);
  • to collect alimony for a needy man – a marriage certificate or a court decision on divorce;
  • for other relatives – other documents indicating the existence of a relationship;
  • documents confirming the need for alimony (except for alimony for minor children, since the law already recognizes them as needy):
  • for parents when collecting funds from an adult child – a certificate of incapacity for work (disability), pension
  • certificate, other documents indicating low income;
  • for a man, when assigning alimony from a man – documents on being on maternity leave until the child reaches the age of 3 years, a pension certificate, a certificate of disability, etc.;
  • for parents, when collecting funds for a disabled adult child – a certificate of disability of their son or daughter.

additional:

  • certificates from the place of work about the wages of the plaintiff and the defendant in order to correlate the income of the parties (if there are no such documents, you may not provide them);
  • certificate of family composition (to confirm the separation of the parties, if this is the case);
  • copies of certificates from the child’s general or additional education institutions (such as certificates of employment and expenses for a schoolchild, a child athlete, a musician, an artist, etc.);
  • copies of receipts and checks for monthly expenses (receipts for rent, checks for the purchase of medicines, clothing, shoes, and other everyday household items).
  • A list of additional documents is provided to the court at the discretion of the plaintiff. It can be supplemented with other information that will allow the court to more fully present the picture of the plaintiff’s needs and his monthly expenses.

If the plaintiff’s expenses cannot be documented, you can use the testimony of invited witnesses. In some cases, courts are willing to hear third parties and take their evidence into account in favor of either party.

What documents are needed for enforcement proceedings on alimony?

In reality, collecting alimony in court is half the battle. The actual implementation of a court order, writ of execution or alimony agreement (upon termination of voluntary payments) is carried out directly at the payer’s workplace or in a unit of the State Executive Service of Ukraine.

After receiving any of the listed executive documents on the assignment of alimony, the claimant has the right:

  • Directly transfer it to the defendant’s workplace. Then the employer will begin to transfer alimony to the recipient no later than three days from the date of accrual of wages to the payer in accordance with the Family Code of Ukraine.
  • Transfer it to the territorial division of the State Executive Service of Ukraine for violation of enforcement proceedings. This will take much more time, but will guarantee control over the execution of the document by the payer’s employer.

In the second case, to violate enforcement proceedings, you will need to submit the following documents:

  • original of the court order, writ of execution or notarized alimony agreement;
  • applicant’s passport (for identification);
  • child’s birth certificate (if we are talking about assigning funds for the maintenance of a minor);
  • bank account details of the claimant (for transferring funds);
  • application for the opening of enforcement proceedings (written according to the form provided by the state executor).

After the documents are accepted by the enforcement service department, the state executor opens the proceedings and carries out a set of necessary measures for its further implementation.

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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