Фото: HOW TO SEARCH ALLOWANCE FOR THE CONTENT OF A WIFE (SPOUGHTER) AFTER A DIVORCE?

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HOW TO SEARCH ALLOWANCE FOR THE CONTENT OF A WIFE (SPOUGHTER) AFTER A DIVORCE?

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In the previous article, I described in detail who is entitled to alimony after divorce.

These are persons who at the time of marriage or within one year after divorce have reached retirement age or have acquired a disability of group I, II or III.

The pregnant wife and the spouse with whom the child lives before the age of 3 (and if the child has physical or mental disabilities, then until the age of 6), as well as the one with whom the child with a disability lives also apply for maintenance.

Unlike child support, the recovery of alimony for a former wife or husband has its own characteristics.

Features of the recovery procedure

In such disputes, it is important to determine whether the ex-wife (or husband) is entitled to maintenance from the other spouse.

The Family Code of Ukraine stipulates the obligation of spouses to financially support each other. The spouses may agree to perform this duty by relieving each other of unnecessary disagreements and litigation.

To do this, you must enter into an agreement in which to determine the amount of alimony, the terms and conditions of their payment. Such a contract must be notarized.

If the spouse who has the obligation to pay alimony under the contract evades its obligations, payments can be collected on the basis of a notary's writ of execution (ie the notary's order for enforcement).

In the event that the spouses have not reached a joint agreement on the payment of alimony and have not signed a contract, alimony can be collected in court. As a rule, the requirements to collect child support are determined in the claim for child support, but you can go to court with a separate claim.

The statement of claim may be filed at the place of residence of the defendant or the plaintiff. When choosing, keep in mind that going to court at your place of residence, above all, is more convenient and less expensive.

But depending on the region where the case is being considered, the amount of alimony that may be collected may be more or less. As a rule, large cities and the capital are more likely to collect a large amount of alimony. Therefore, when choosing the court where the case will be considered, it is necessary to take into account the case law of such cases.

The court fee in cases of recovery of alimony is paid by the payer of alimony after the decision of the court, and the plaintiff is exempt from paying the court fee.

Special conditions of recovery

Opportunity to financially support

The main condition for obtaining the right to own maintenance after divorce is the opportunity to provide such material assistance. Moreover, the right to maintenance does not depend on the ability of the alimony payer.

And if the defendant has reached retirement age or does not work without good reason, he is not released from the obligation to pay alimony. The court takes into account the financial situation of the alimony payer, the availability of other dependents, and whether he has sufficient funds to pay such maintenance.

The courts usually proceed from whether he is provided with a living wage after the payment of such alimony. It also takes into account the presence of mandatory payments to the defendant, his health, and the need, for example, for treatment.

It is important to prove that the alimony payer is able to pay maintenance and, for example, has a stable income, real estate, or property that brings him income. If such evidence is not provided, the court will most likely deny the claim.

The real need for material support.

If the right to alimony arises on the basis of disability of one of the spouses (reaching retirement age or disability), then it is important to prove the need for material assistance, the level of material security of the applicant must be below the subsistence level.

If the basis for the payment of alimony is pregnancy or living with a child under 3 years of age or with a child with a disability, then according to the law, the ability to work or the income level of the spouse in whose favor the alimony is collected does not matter.

Recovery of alimony for the previous period

In addition, it is possible to collect alimony for the last time (not more than 1 year), if the defendant evaded their payment. An important condition here is documentary evidence that the plaintiff took measures to recover alimony and the proven fact of evasion of the defendant from payment.

Such measures may include, for example, written appeals to the defendant or to the management of the defendant's place of work, to his parents with a request to influence him, letters from the defendant confirming their receipt by the debtor, and so on.

Evidence of evasion of payment may be that the defendant evaded communication with the child hid his place of residence or place of work. Courts generally refuse to collect alimony for a previous period if the plaintiff does not provide such evidence to the court.

Termination of the right to maintenance

The spouses have the right to enter into an agreement on the termination of the right to maintenance in exchange for the acquisition of ownership of a house, apartment or other real estate or receiving a lump sum payment.

The contract under which the real estate is transferred to ownership is subject to notarization.

If the persons have agreed on the termination of the right to maintenance in connection with the receipt of a lump sum payment, the stipulated amount of money must be paid to the deposit account of a notary office or private notary until the contract is certified.

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