Cancellation of the court order on the collection of alimony

The institution of the family is gaining more and more development and influence on society every year.

All this at first glance should serve a lower percentage of divorces among citizens, but at the moment this indicator is still high. In addition, when people divorce, they almost always have children and the question of alimony arises.

However, not every citizen voluntarily pays them, which leads to the formation of debt and recourse to court.

The court can consider the case both as a lawsuit and injunctive proceedings in accordance with the grounds provided for in the law.

And therefore, in this article, we will talk about how to cancel a court order for the collection of alimony, if you consider it illegal.

What are the main features of a court order?

• considered in a simplified manner;
• It is not necessary to obtain an executive document since the order itself is the basis for opening executive proceedings by a state or private executor;
• can be considered only in relation to a certain category of cases (which includes alimony arrears);
• the parties are not the plaintiff and the defendant, but the debtor and the debt collector;
• The parties do not have a dispute about the right, that is, it is only necessary to prove the circumstances that serve as a basis for issuing such an order;
• The court session is held without the mandatory participation of the parties in the proceedings and others.

Thus, injunctive proceedings are quite different from lawsuit proceedings.

How can I appeal a court order?

It is quite important for the debtor not to miss the moment when the court makes a decision regarding the issuance of such an order and to receive a copy of it, since the appeal of such an order takes place in a fairly short period of time.

It can be seen from the provisions of the Civil Procedure Code that the debtor has only 15 days to appeal the court order from the moment he receives a copy of such an order.

What is the statutory appeal procedure?

As a general rule, the debtor must apply in writing to the judicial authority that issued the court order with the following content:

• name of the judicial authority;
• data of the parties - the debt collector and the debtor (name, place of residence, mobile phone number, etc.);
• summary and number of the orders that the debtor wants to appeal;
• arguing the circumstances for the court to cancel such an order;
• documentary confirmation of one's position and objections;
• as well as another list of documents attached to the application.

The judge who made the decision to issue such an order has 2 days to consider the relevant application. In the case of correct argumentation and relevant evidence provided, the court makes a decision to cancel the previously issued court order.

What is the court fee to appeal a court order?

In 2023, the court fee for consideration of this category of cases is 0.05 of the subsistence minimum for able-bodied persons and amounts to UAH 134.2.

If you want to cancel a court order, but do not have time to go to court or know about other legal nuances, then in this case, be sure to contact the Prikhodko and Partners law office.

We are well-versed in these types of cases, so we will be able to provide you with professional legal assistance in canceling a child support order. Ask for help!