Types of alimony. Recovery of alimony in Ukraine. How to sue alimony and how much and to whom you can count

The concept of alimony has a wider meaning than we used to understand in everyday life. Alimony payments are not always a concept related only to children. According to the current legislation, the obligation to pay child support, and the right to demand their payments are provided for the family member who needs children, husband, wife, parents for health reasons or age. The concept of alimony has at the same time the status of rights and obligations. So for one and the parties, for example, a parent in respect of a minor child, it will be an obligation. And this is the same concept, but the child must be treated as a question of the right to demand their payment.

Types of alimony. Recovery of alimony in Ukraine. How to sue alimony and how much and to whom you can count

So, we will consider each category separately:

Child Support:

The Family Code stipulates that parents are obliged to support their children from birth to 18 years of age, and in the case of education in the university until they reach the age of 23.
An adult disabled child who needs material assistance (for example, a disabled person)
The duty of parents to bear the additional costs for the child due to special circumstances. This may be treatment, rehabilitation, talent development.

Alimony on parents:

The right of disabled parents who need material support to demand maintenance from adult children.
The right to receive alimony payments from adult children in case of serious illness.

Alimony per spouse:

The duty to maintain the second of the union in the case of:
Spouse's disability
of the Wife or husband with whom the child lives up to three years, and sometimes up to 6 years.

Each of these categories has a number of features (size, payment order, penalty, timeframe) and requires consideration of the individual case, where engaging a lawyer to collect alimony will help the best examples to take into account all the pitfalls, and find the best solution for your situation.

It is not difficult to understand that to bring a lawyer and sue alimony will be required when the parties could not agree on their own and there is a dispute or debt. The legislator also provides two ways: voluntary and compulsory (recovery). Voluntary is when people are able to agree. This may be a verbal agreement or a signed agreement. This contract can be transferred to the accounting department at the place of work for their deduction.

Consider an example - the recovery of alimony for the maintenance of a minor child. The law says that the refusal of education or cohabitation with your baby does not exempt from the monetary costs of its maintenance. If on a voluntary basis it does not work out, there is a debt, it is worth contacting the court for the recovery of alimony. Here you can be assisted by highly qualified lawyers and lawyers of the Alibi law firm. They have extensive experience and will consider all possible options to protect your rights. There are two ways to calculate child support:

  • • Solid form, with indexing
  • • Percentage of wages

The minimum alimony, determined by the legislator in 2018, is 50% of the subsistence minimum for the maintenance of a minor child of appropriate age. The cost of living is defined for the whole year, but it can vary. But still it allows, to recover a clear, definite amount from persons who do not have official income. Thus, the legislator stands on the protection of children's rights, because the minimum amount of alimony is determined by the subsistence minimum.
With 01. 07. 2018 the cost of living for children in Ukraine:

  • • age from 0 to 6 years -1559 UAH.
  • • from 6 to 18 years old - 1944 UAH.

C 01. 12. 2018 will be:

  • • for children from 0 to 6 years - 1626 UAH.
  • • from 6-18 years old - 2027 UAH.

What does the court take into account when considering the case on the merits, and what conditions affect the amount of alimony in Ukraine? This is the respondent’s income level, number of dependents, availability of real estate, general financial condition, necessary expenses for the treatment or development of the child.
Speaking about the percentage ratio, if you sue for alimony, you can expect 1/4 of the salary for the maintenance of one child, 1/3 for two children, and 1/2 earnings for three or more children.
Today, the procedure for collecting alimony is simplified. You can file a lawsuit at the place of residence of the claimant with a statement to issue a court order. If you have an idea to compete for higher alimony, you will need to confirm with checks and other documents, the amount for the maintenance of the child for the court to decide on a fixed amount. From judicial practice it is known that such a procedure is often applied to individual entrepreneurs and the unemployed who do not have a permanent stable income. After all, the law and authority, especially in recent months, stand guard over the protection of childhood.
Documents that should be prepared to file a lawsuit:

  • • A copy of the Applicant’s (Claimant’s) passport
  • • TIN
  • • Copy of marriage certificate (if there was a marriage)
  • • Copy of birth certificate
  • • Help family composition
  • • A copy of the dissolution of the marriage (if it is terminated)
  • • Checks, medical reports, other documents confirming additional costs

Also note that the applicant is exempt from paying a court fee regarding the issuance of a court order for the payment of alimony. If the applicant claims the minimum amount of alimony, the court hearing takes place without the participation of the parties. For several days, a court decision is issued, which, by the way, cannot be appealed, unlike a court decision. But it is worth remembering that it is possible to collect alimony on the basis of a court order if he or she is de jure his father or mother.
Payment terms:

Voluntary - from the date of which agreed, in the court - from the date of filing with the court.

It is worth noting that in matters of filing a lawsuit, if lawyers from Alibi will collect alimony in court, they will combine professionalism, successful experience and human qualities, given the subtleties of the issue.

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