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Lawyer
Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.
Case: Satisfaction of the claim for the collection of additional expenses for the child
Client: Olena
Goal: Collect additional expenses for the child
Lawyer: Borysenko Alla
Lawyer: Sulyk Roman
The law firm “Prikhodko and Partners” successfully represented our interests Clients Olena in the case of charging additional expenses for the child.
Background of the case
The lawyers of the JK “Prikhodko and Partners” appealed to the court with a lawsuit against her ex-husband to collect additional expenses for their common child. In recent years, the defendant has avoided paying child support in every possible way.
In addition, the amount of alimony assigned several years ago does not cover all expenses (especially taking into account the level of inflation) necessary to ensure the proper life and development of the child, in particular: for treatment, education, clubs and others necessary for the proper development of a minor.
The child’s mother has a stable financial situation and takes proper care of the child, but the father is also obliged to participate financially in such upbringing.
Actual circumstances
- Medical Expenses: Elena’s child needed regular medical supervision and special treatment. Medical expenses exceed the basic amount of alimony.
- Educational Expenses: The child was sent to a specialized school, the mother paid the amount herself.
- Hobby: The child attended a model school and several tutors, for which the father did not want to allocate funds.
Claims
The plaintiff asks the court:
- Oblige the defendant to compensate half of the additional expenses for the child in.
- Oblige the defendant to pay alimony for past years.
Legal reasoning
The plaintiff refers to Article 185 of the Family Code of Ukraine, which stipulates the obligation of parents to participate in additional expenses for the child, if they are related to special circumstances, such as illness or education.
The most important nuance is the preparation of the evidence base (receipts, checks, other proof of payment). In addition, we note that in similar cases, plaintiffs are exempt from paying court fees.
Trial
- Filing of Claim: The claimant filed a claim in the district court, attaching medical certificates, medical bills, school certificates and proof of tuition expenses.
- Evidence base: The plaintiff provided evidence in the form of medical certificates, bills and educational documents, which confirmed the need for additional expenses. The defendant did not provide strong evidence of his financial incapacity.
Judgment
The court, having considered all the circumstances of the case and the evidence, satisfied the claims in part. Obliged the defendant to partially compensate for the costs of the child’s medical treatment.
Conclusion
This case demonstrates the importance of properly documenting additional expenses for a child and taking into account special circumstances such as the child’s health and educational needs.
Lawyers of the Law Company “Prikhodko and Partners” helped Olena and will help you protect your interests and provide comprehensive assistance in the most complex family disputes.