ALIMENTS FOR THE CONTENT OF THE FORMER WIFE OR WIFE. WHO HAS THE RIGHT TO CONTENT?

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Sulyk Roman

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ALIMENTS FOR THE CONTENT OF THE FORMER WIFE OR WIFE. WHO HAS THE RIGHT TO CONTENT?

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 The word "child support" is often associated with the obligation to support children. And not everyone knows that, along with children and elderly parents, the ex-spouse or spouse has the right to such maintenance. Most of the women and men I interviewed did not demand the collection of alimony for their maintenance after the divorce. And the reasons for this are commonplace - this is ignorance of their rights or, for example, the fear of conviction.

 But, if children have an unconditional right to alimony, then alimony for the maintenance of one of the spouses is appointed only under certain conditions.

ᐉ In what cases can alimony be collected in support of a spouse after a divorce?

 First. If during marriage or within a year after its dissolution, a person has reached retirement age or has received a disability of I, II or III group (that is, has become disabled), he is not provided with a living wage.

 Today it is 2027 hryvnias, and from the first of July of this year 2118.

 If no more than 5 years are left before retirement at the time of divorce, one of the spouses also has the right to support after reaching retirement age. But provided that the spouses have lived together for at least 10 years.

 If the disability occurs one year after the divorce, the person has the right to support, if the disability he received as a result of unlawful behavior of the former spouse.

 The law also provides for the right of an able-bodied person to maintain for 3 years after a divorce. This is the case when one of the spouses being married could not work, get an education or a certain position in connection with housekeeping, raising children, caring for relatives or illness. To prove this is up to your lawyer.

 Second. Regardless of the financial situation and the availability of work, a pregnant woman or one of the spouses with whom the child lives has the right to support herself from her former spouse until he is 3 years old or 6 years old if the child is mentally or physically disabled.

 Third. Mandatory alimony is paid for the maintenance of an ex-wife or husband with whom a child with a disability lives, who cannot do without outside care. Financial situation or employment in this case does not play any role.

 But there is one "but"

 Alimony for the maintenance of an ex-wife or husband is assigned regardless of whether he has other dependents or not. But a prerequisite is the ability of the second spouse to pay maintenance. But this does not mean that if a person officially does not work anywhere without a good reason, for example, in connection with a serious illness, then he may not pay.

 You can recover child support in the event that the marriage was not officially registered, but at the same time the couple lived in the same family for a long period.

 We will talk about how to recover child support after divorce, and how not to become a victim of abuse of the right to support by the former spouse or spouse, in the next article.

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Advocate - expert in family practice

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