- Alimony online in Ukraine
- How to arrange child support while married or after a divorce in Ukraine?
- In what cases can you collect child support without divorce in Ukraine?
- To what extent can alimony be collected in Ukraine?
- Alimony Payment Agreement in Ukraine
- List of documents for filing for alimony in Ukraine
- Where to go about alimony in Ukraine
- Problems of collecting alimony in marriage in Ukraine
- Conclusions in Ukraine
Alimony online in Ukraine
Online child support is a new lawyer service that is emerging due to the rapid development of legislation and technology. Its essence is that you can remotely delegate to a family lawyer the authority to protect your rights and interests in court, registry office and other government agencies.
Undoubtedly, this also applies to such an issue as alimony, the determination of their amount and control over the payment. To do this, you just need to contact us and provide online all the necessary copies of documents. However, before that, we suggest that you familiarize yourself with the process and the rules of law in relation to alimony.
For your convenience, in the course of the text you can find the hyperlinks of our site, where the information you need is set out in more detail. The same applies to the list of sample documents.
How to arrange child support while married or after a divorce in Ukraine?
To begin with, you need to determine who has the right to claim alimony in marriage, which gives the recovery of alimony if you have not filed a divorce and the grounds for collecting alimony in marriage.
Of course, if you need material assistance, for example, during the period when you are caring for a child under 3 years old, alimony will be very useful, since the maintenance of children is a materially costly activity. In addition, the law obliges both parents to provide and support a common child equally.
Both spouses can apply for alimony in marriage. The rules for collecting alimony, if the parents are married and live together, are quite simple, the difference from the standard procedure for collecting alimony after a divorce for a minor child will be marital status, in fact, this does not affect.
In what cases can you collect child support without divorce in Ukraine?
The grounds for collecting alimony in marriage are established by the Family Code of Ukraine, namely:
- the future alimony payer does not provide decent material support for the spouse or child;
- the claimant of alimony is disabled;
- a claimant caring for a common child under 3 years old;
- Caring for a disabled child (up to 18 years old or disabled from childhood) by a claimant
Further, it is necessary to get a refusal from the man to pay alimony in connection with the above reasons and file for alimony in marriage without divorce in court.
It is in these cases that alimony can be collected without divorce. In the statement of claim (sample), you must indicate that the man does not help you financially, and ignores the request for material support.
Remember that self-drafting of procedural documents can lead to global errors, delaying the consideration of alimony. Online alimony is a service that will help you reduce time and effort, while providing the desired result.
To what extent can alimony be collected in Ukraine?
As the Family Code of Ukraine notes, “in the absence of an agreement between the spouses (ex-spouses) on the payment of alimony, the amount of alimony collected on the spouse (ex-spouse) in court is determined by the court based on the material and marital status of the spouses (ex-spouses) and other noteworthy interests of the parties.
You can read more about the calculation and amount of alimony here.
It should also be noted that alimony can be collected in shares of earnings:
- 25% (percent) (1/4) of earnings per minor child;
- 33% (percent) (1/3) for two minor children;
- 50% (percent) (1/2) for three or more children;
- 70% (percent) in exceptional cases.
In the absence of official earnings or its inconsistency, receipt of income in foreign currency, alimony can be determined in a fixed amount.
The indicated amount is calculated in the following diagram:
A / 2 = hard money.
A = the sum of all actual expenses for the child, divided in half, through an equal obligation to support the child by both parents.
The exact calculation and determination of alimony can be established online by contacting our family lawyers for advice.
Alimony Payment Agreement in Ukraine
In addition to filing a claim in court for alimony, it is possible to conclude an alimony agreement between the spouses. An alimony agreement is a guarantee of the payment of alimony, in which the spouses establish a fixed amount of money to be paid to the father, and provide custody of the common child. A sample agreement can be seen here.
A statement of claim for the recovery of alimony differs from an alimony agreement in that the latter is certified by a notary and has the force of a writ of execution, which further makes it possible, bypassing the court, to transfer the case of non-payment of alimony to state executors. Unilateral withdrawal from such an agreement is impossible, but the parties can cancel it at any time by common agreement or in court.
List of documents for filing for alimony in Ukraine
Requested documents for filing a claim for alimony:
- copies of the statement of claim for the defendant, third parties;
- evidence of pre-trial settlement of the dispute with the defendant (if any);
- copy of the plaintiff’s passport and taxpayer code;
- copy of the defendant’s passport and taxpayer code (if any);
- documents confirming the status of disabled (if any);
- documents confirming the disability of children / child (if any));
- copy of marriage certificate;
- confirmation of your financial situation (income statement);
- certificate of family composition from the child’s place of residence;
- birth certificate of a child (children);
- confirmation of the financial situation of the defendant (if there is no information, you can file a motion to establish the defendant’s earnings)
- Other documents (receipts and certificates of expenses for the child, etc.).
As a rule, these are mandatory documents for alimony in marriage, but depending on the situation, the documents for paying alimony may differ.
Where to go about alimony in Ukraine
To recover alimony, you must file a claim in court or negotiate peacefully. The statement of claim is filed with the court at the location of the plaintiff or the defendant, if a common child lives with the plaintiff, the plaintiff has the right to choose the jurisdiction, file a claim at its location, or at the location of the defendant.
Problems of collecting alimony in marriage in Ukraine
When filing a claim in court for alimony, you can get a refusal to consider an application for the recovery of alimony. The judge issues a reasoned ruling, which must be handed over or sent to the applicant along with the application and all documents attached to it within five days from the date of receipt of the application by the court.
The grounds for refusal (abandonment) of the claim are:
- the marriage was declared invalid;
- the rules for drawing up a statement of claim have been violated;
- lack of specific requirements and evidence in the case;
- lack of necessary documents in the case;
- violation of the requirements of jurisdiction in the case;
- drafting a claim not in the state language;
- lack of date and signature on the application; unpaid (not fully paid) court fee;
It is important to note that in case of violation of these requirements and the requirements of Articles 175, 177, 185 of the Civil Procedure Code of Ukraine, your application will be left without movement or even refused to be considered.
Conclusions in Ukraine
Summing up the above, it should be noted that the independent preparation of procedural documents without legal experience is likely to lead to a significant loss of time and violation of the procedure for assigning alimony. Therefore, we suggest you use our service “Alimony Online” for the preparation of procedural documents and full support (photo) of the entire procedure for divorce, recovery of alimony and other family disputes.
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