HOW DO I OBLIGATE A MOTHER TO SPEND ALIMENTS FOR A CHILD BY APPOINTMENT?

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HOW DO I OBLIGATE A MOTHER TO SPEND ALIMENTS FOR A CHILD BY APPOINTMENT?

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 Often, in connection with the unreasonable demand of the child's mother to increase the amount of alimony, a bona fide alimony payer has a question about the targeted use of the paid funds for the child. That is, when the child's mother spends money on her personal needs, which the father allocates to support the child. How to check and oblige the mother of the child to spend alimony as intended?

 In accordance with Art. 186 of the Family Code of Ukraine, control over the targeted expenditure of alimony is carried out by the guardianship and trusteeship body in the form of inspection visits to the recipient of alimony. Thus, you need to apply to the guardianship and guardianship authority about the fact of misuse of funds. And the service for children will be obliged to monitor the expenditure of alimony in the form of inspection visits to the mother of the child. However, today in Ukraine there is no clear mechanism for monitoring the targeted spending of alimony, which gives a not entirely effective result of monitoring the targeted use of funds by parents of children.

 You can also go to court with a claim to reduce the amount of alimony or to make part of the alimony to the child's personal account at the branch of the State Savings Bank of Ukraine.

 However, it is difficult to prove the misuse of alimony in practice, especially if the mother of the child has additional income. Since at the legislative level the list of children's needs for which money is spent is not defined. This can be both food, clothing, hygiene products and expenses for educational centers, sports clubs, recreation, treatment, and the like.

 Therefore, when applying to the guardianship authority or the court, it is important to correctly formulate the claims and how to prepare the necessary evidence: account statements showing the misuse of money, documents confirming the absence of other income from the mother, checks and receipts, testimony of witnesses, photos from social networks.

 Therefore, given the imperfection of family legislation in this matter, the length of the lawsuits, the best way would still be to settle such a dispute peacefully. Former spouses can always sit down at the negotiating table and resolve the issue in the most beneficial way for both parties.

 If you have any questions about alimony, divorce, division of property, inheritance disputes - please contact Prikhodko & Partners Law Firm! Our experts will provide you with competent legal assistance!

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