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The Family Code of Ukraine stipulates that parents have an obligation to maintain their biological children if they have not yet reached the age of majority.
However, it often happens in life that parents are officially married, and live together, but their children do not receive adequate financial support from one of the spouses.
At the same time, children do not receive a sufficient number of educational books, games, toys, recreation, etc., and all this in the future affects the formation of the personality and its healthy growth as a whole.
A completely logical question arises: is it possible to collect alimony while in an officially registered marriage? This shows the relevance of this topic.
Therefore, in this article, we will consider how to apply for alimony without a divorce from another spouse.
What are the ways to collect alimony without an official divorce?
The legislation of Ukraine provides that there are 2 possible ways of collecting alimony without divorce, namely:
- pre-trial procedure;
- judicial procedure.
The pre-trial procedure provides that the spouses voluntarily enter into an agreement between themselves, which clearly prescribes the terms of payment of child support and determines the specific amount that will be paid, as well as the terms of payment.
At the same time, the terms of such an agreement should not violate the rights of the child. The form of the contract is written with mandatory notarization.
In addition to concluding a contract, the pre-trial procedure also includes the possibility of settling the payment of alimony verbally between the spouses, where the latter agrees on all aspects of the payment of alimony without divorce.
The court procedure provides for a person to apply to the judicial authorities in cases where one of the parents does not want to pay alimony for the child voluntarily.
A claim for the collection of alimony without a divorce is filed according to the same principle as a claim for the collection of alimony after a divorce – at the defendant’s registered place of residence.
The necessary package of documents for applying to the court:
- a statement of claim drawn up in accordance with the requirements of the law;
- a copy of the applicant’s passport and RNOCP;
- a copy of the marriage certificate;
- a copy of the certificate of joint children of the spouses.
Important! When applying to the court with a claim for the recovery of alimony, it is worth remembering that there are certain factors that necessarily affect the amount of alimony payments.
Courts usually include the following factors as the child’s health, the health of the alimony payer and other spouse, income level, general financial situation (for example, living in their own or rented property), the presence of other children with the alimony payer, etc.
After studying them, the court will determine how to assign alimony, whether in a fixed monetary amount or in a share of the official income of the person.
Are you living in an officially registered marriage, but want to collect alimony from another spouse? In such a case, you cannot do without qualified assistance from the lawyers of the “Prikhodko and Partners” law firm.
Our team will get to know your situation in detail and provide advice on possible solutions, as we fully understand the intricacies of family law. Get in touch!