How to collect alimony through the court: a step-by-step guide

The topic of alimony collection in Ukraine is always relevant for many families.

First of all, this is due to the fact that the maintenance of minor and minor children is an important duty of their biological parents, which is established both at the legislative level and in the moral norms of the society of our country.

However, if one of the children's parents does not want to voluntarily pay alimony payments, then in this case it is necessary to contact the judicial authorities.

And therefore, in this informative article, we will consider the peculiarities of alimony collection through the court, while analyzing the provisions of the current legislation of Ukraine.

How to collect alimony through judicial authorities - algorithm of actions

Obtaining legal advice.

To begin with, in order to understand the legal consequences of collecting alimony through judicial authorities, it is necessary to get legal advice from lawyers who have experience in family law of Ukraine.

At the consultation, the person will be able to understand whether he should collect alimony through the court, what other methods exist for collecting alimony payments, and what to do when the debtor refuses to comply with the court's decision and properly pay the assigned alimony, etc.

Thus, it is the legal consultation that will give a person the opportunity to know all the legal nuances of his situation, which has developed in practice.

Drawing up a claim for alimony collection.

If the person still chose to collect alimony through the judicial authorities, then he must file an appropriate lawsuit.

The claim must contain the following information:

• the name of the court to which it is submitted;
• full details of the participants in the case (plaintiff and defendant);
• statement of the actual circumstances of the case;
• claims and their justification (for example, establishing the amount of alimony payments);
• references to legislation;
• data about the child, etc.

Evidence and documents confirming the plaintiff's legal position on the case should also be added to the lawsuit.

For example, these can be: a certificate of the birth of a joint child in the couple; certificate of family composition; documents that properly confirm the expenditure on child maintenance (for example, checks, receipts for paying for the child's education, providing him with medical services, etc.); documents confirming the plaintiff's income (if available, you can also add documents about the defendant's income); documents confirming the evasion of one of the child's parents from the obligation to fully support the child (for example, written testimony of witnesses, correspondence, etc.).

Consideration of the case in the judicial authorities.

If there are no grounds for leaving the filed statement of claim without motion, the judge opens proceedings on the case and appoints a court session.

During the hearing of the case, the judge listens to each side, examines the submitted evidence and, analyzing it, makes a decision on the satisfaction of the claim.

However, if the judge sees the groundlessness of assigning alimony to the child, he can also refuse to grant the claim.

Execution of a court decision.

From the moment when the judge makes a decision on the collection of child support, it must enter into force.

Usually, this term is 1 month. After the child's death, the court decision must be enforced by the person who is obliged to pay alimony for the child.

If she evades payment of alimony payments, then collection can be carried out in a compulsory manner through the enforcement service.

How much does it cost to collect alimony through the judicial authorities?

1. Court fees. As a rule, a court fee must be paid for submitting a claim to the judicial authorities. The total amount of the court fee is established by the legislation of Ukraine, depending on the category of the case. However, ch. 1 Art. 5 of the Law "On court fees" establishes that in cases of alimony recovery, a person is exempt from paying court fees. That is, this category of financial expenses is completely dependent on the state.
2. Expenses for obtaining legal aid. If a person decides to use the services of a lawyer to prepare a claim and represent his interests in the judicial authorities, this will also entail certain financial costs. The cost of a family lawyer's services may vary depending on the complexity and category of the case, his experience and legal qualifications.
3. Other expenses. They may be related to the conduct of forensic examinations (for example, regarding the assessment of a person's property).

Conclusions

Therefore, the collection of alimony through judicial authorities is a difficult process that requires a clear understanding of the legislation and other legal procedures of its application in practice.

And so that there are no difficulties with the process of collecting alimony in Ukraine, it is necessary to apply for qualified assistance from the Prikhodko and Partners law firm.

The company's lawyers will help you collect all the necessary documents for the case, explain your rights and obligations, as well as the specifics of legal procedures in this case categories of cases, as they have many years of experience in this area of ​​legal relations.

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