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During the dissolution of marriage, not only an unpleasant sediment remains on the soul, but also a lot of unresolved legal issues.
One of these issues may be the collection of child support for past years if the ex-spouse has minor children.
In the event that the spouses can independently agree on their payment, citizens do not need to go to court.
However, in practice, such situations occur extremely rarely, and most often individuals cannot agree on permanent payment of alimony.
In this article, we will consider how alimony can be collected for past years, in accordance with the legal norms of the legislation of Ukraine.
What does the legislation say?
Article 194 of the Civil Code provides that a person can collect alimony for past time in cases, if:
- they were not charged before;
- the plaintiff will need to prove that he took the necessary measures to receive alimony from the defendant, but the latter avoided paying it for the child.
What is the evidence base in the case?
Usually, the process of proof in such cases is quite complicated, because if a person has not previously applied for the appointment of alimony for a child, then this can only mean one thing – the other parent is properly fulfilling his responsibilities regarding the maintenance of the child.
Evidence that the plaintiff took the necessary steps to receive alimony can be:
- Appeal to the defendant in writing with a demand for voluntary payment of alimony;
- Testimony of witnesses or their written explanations from which it can be seen that the person asked the other parent about the payment of alimony for the maintenance of the child;
- Efforts and attempts to establish the actual place of residence of the defendant, his permanent place of work, and the real amount of salary receipt;
- Confirmation of situations when the defendant hides his place of work does not provide a certificate about the number of funds received at work, or has gone abroad for an indefinite period of time;
- Electronic correspondence with the defendant using means of telecommunications;
- Other evidence that will help justify the defendant’s position.
If the court sides with the plaintiff in the case, then in such a situation he will be able to award alimony for past years, but not for more than 10 years. However, if the person is wanted or is abroad, alimony must be paid for the entire time.
Do I have to pay a court fee for filing a lawsuit?
According to Clause 3, Part 1, Art. 5 of the Law of Ukraine “On Court Fees,” it is not necessary to pay a court fee for filing a claim for the recovery of alimony for the past period.
Alimony arrears and alimony payments for past years – what’s the difference?
Debt may arise in the event that individuals have agreed on the voluntary payment of alimony for a child, but one of the parents has stopped paying it.
Collection of alimony for past years can take place only when a person had the right to alimony, but the parties did not conclude an agreement on the payment of alimony, and the person entitled to it did not apply to the court with a lawsuit or application for the issuance of a court order for the collection of alimony.
Do you want to collect alimony for past years?
In this case, be sure to contact the Prikhodko and Partners law office.
Our lawyers will advise you on issues related to filing a lawsuit, and collecting the necessary evidence base, as we fully understand issues related to family law. Get in touch!