RECOVERY OF ALIMENTS DURING MARIAL STATE

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Riabchuk Oksana

Specializes in family law and inheritance matters.

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RECOVERY OF ALIMENTS DURING MARIAL STATE

Reading time: 3 min.

Since February 24, many citizens have had the question of fulfilling their obligations under executive documents. One of the most common issue of recovery of alimony during the war. Indeed, many believe that during martial law it is impossible to collect alimony, seize bank accounts, etc. But this information is not entirely correct, since the issue of alimony during martial law must be divided into two ways:

First way.

  • Alimony had already been appointed by the beginning of the war and are being executed by the executive service.

In this case, you need to focus on the fact that in March a number of changes were made to the regulations, including those regulating the execution of court decisions. Taking into account these changes, it is forbidden to collect on enforcement proceedings, but in addition to the collection of alimony. This means that if the executive document is already being executed before the introduction of martial law, then the recovery of alimony continues without any changes. If, due to circumstances, the debtor is not able to pay alimony through the enforcement service, he can pay such alimony directly to the collector, about which he must inform the enforcement service.

But we must not forget that if the circumstances of the alimony payer have changed or the alimony collector has insufficient grounds for alimony, then each of them has the right to apply to the court during martial law.

The second way.

  • The recovery of alimony is made for the first time, after the introduction of martial law.

It should be noted here that during the war there were no special changes. You can still apply to the judicial authorities in the order of action or writ proceedings and collect alimony for the maintenance of children. The courts work and consider the cases that come to them. The proceedings in which the recovery of alimony will be considered are selected depending on the individual characteristics of the case.

Many citizens believe that during the war the courts do not consider cases, and therefore do not apply to them. The situation is the same with regard to the adoption of enforcement documents. Having received a letter of execution or a court order, citizens simply do not know what to do next with them and simply do not present them for execution, and then they are surprised why they cannot receive alimony.

Therefore, summing up the above, it is worth noting that, despite the state of war, alimony can be recovered from the father or mother of the child. Since children are under the special protection of the law, they must be supported in spite of the war..

But in order to collect alimony during martial law, you do not need to use the advice of the Internet. To do this, there are specialists who will help prepare the necessary documents for the court and in the future to collect funds for the maintenance of children. Contacting a lawyer not only saves time, but also helps to do everything right and in some cases without the personal presence of the alimony claimant. It is better to get professional advice once than not to receive alimony.

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Specializes in family law and inheritance matters.

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