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During the dissolution of marriage, when the spouses have joint children, the plaintiff can ask the court not only for the distribution of property but also for the appointment of alimony for children, because the Family Code of Ukraine provides for the duty of parents to maintain their children until they reach the age of majority (18 years) and in some in cases up to 23 years old (in the case of education).
However, during a divorce, citizens may not decide on the issue of alimony collection, because the husband plans to pay it on a voluntary basis.
However, everything in practice can change dramatically, and the question of how to correctly submit documents for the collection of child support can become more relevant than ever for a person.
Therefore, in this article, we will consider in detail how to correctly file a claim for the recovery of alimony, taking into account the provisions of the legislation of Ukraine.
Which persons can receive alimony in 2023?
Today, Ukraine has a wide list of persons who have the legal right to receive alimony, namely:
- A pregnant wife – alimony is paid to her already after she gives birth to a child;
- A mother or father who lives with a minor child;
- Children who have reached the age of majority (18 years old), but entered an educational institution, need financial assistance and have not reached the age of 23. Alimony is paid before immediate graduation;
- A man and a woman who are not officially married to each other, but one of them is raising their common child and lives with her;
- If minors and disabled children do not have parents, they are entitled to alimony from other family members or relatives.
How to correctly file a claim for alimony collection?
Article 175 of the Civil Code defines the requirements that a claim must meet when submitting it to a judicial body.
Important! If these requirements are not met, the court will not accept the claim for consideration.
So they should include:
- indicating the name of the judicial body to which the application is submitted;
- “Cap” of the application with details of the parties of both the plaintiff and the defendant – full name, place of residence, year of birth, RNOCPP, phone number, email address, etc.;
- setting out the circumstances of the case and clearly arguing why the plaintiff has the right to collect alimony from the defendant. It is also possible to indicate the facts of the latter’s evasion of child support payments;
- reference to the legal provisions on the basis of which the lawsuit is filed – the norms of the SCU, the Central Committee of the Central Committee, the Central Committee of the Central Committee;
- indication of the essence of the requirements – collection of alimony in a fixed monetary amount or from a share of the defendant’s income;
- a list of all documents attached to the statement of claim;
- at the end of the document, the date, signature, and full name of the claimant must be written.
It is worth noting that the statement of claim is submitted to the court in two copies, one of which is sent to the defendant for familiarization with the plaintiff’s claims, and the other remains directly with the judicial body.
Do you need to file a legally correct claim for alimony? In such a situation, you cannot do without the help of qualified lawyers – the “Prikhodko and Partners” law firm.
Our team will provide you with high-quality advice on issues related to filing a claim, as well as develop the necessary package of documents for submitting it to the court. Get in touch!