APPOINTMENT OF CHILD SUPPORT

In Ukraine, the state guarantees the right of children to a standard of living sufficient for their full and comprehensive development. The obligation to maintain a child arises from both parents on equal terms, regardless of their divorce and one of the parents living separately from the child.

In this regard, in the cases provided for by law, one of the parents may be obliged to pay alimony - funds for the maintenance of the child. In this article, we will find out: what are the methods of assigning alimony and how their amount is determined.

Alimony can be assigned:

• At the initiative of the payer or recipient - in this case, one of the parents can submit an application at the place of receipt of income for the deduction of child support;
• As a result of the conclusion of a written contract by the parents, which must be certified by a notary;
• On the basis of a court decision - if the parties have not reached an agreement on this issue.

How is the amount of alimony determined?

If the parents managed to reach an agreement, the amount and order of payment can be determined entirely at their discretion, in particular, in the contract.

There are two ways to collect alimony with the help of a court:

• Simplified - in this case, the court issues an order that is subject to execution and does not provide for the issuance of a writ of execution. It is possible to determine the following amounts of alimony in the order procedure:

1. for one child - 1/4, for two children - 1/3, for three or more - 1/2 of the payer's income, but no more than ten subsistence minimums per child;
2. in a fixed monetary amount - 50 percent of the subsistence minimum for a child.

• Appeal to the court with a lawsuit - if the desired amount of alimony is greater than the above minimum amounts, as well as in the case when it is necessary to involve other interested parties. In this case, the court takes into account the circumstances that are of significant importance (health and financial situation of the child, the payer, the presence of the latter's other children, property and property rights, etc.). To enforce the court decision, a writ of execution is issued, which must be sent to the payer's place of work or write a statement to the enforcement service, attaching the original of the writ of execution.

In order to obtain a court order or decision, one of the parents needs to: collect the necessary documents and file an application for the issuance of a court order or a claim in the local general court in the place of registration of the child support payer (alternative jurisdiction is also possible). There is no need to pay a court fee for consideration of this case.

Assistance of a lawyer in family matters

Many questions may arise during the procedure for assigning child support, especially in court proceedings. It is a family lawyer who will help you understand what you should pay attention to when writing an application, which documents should be attached, consult on other relevant issues, provide full legal support, and a qualified family law lawyer will protect your interests in court.

Importantly! Alimony is considered the property of the child, and the parent who receives it can spend money exclusively in the interests of the child.