In modern society, loving couples of citizens both constantly get married and often divorce. This leads to the fact that persons give birth to children during marriage, and after its dissolution, one of the spouses (in most cases, the father) must pay alimony for the child until it reaches the appropriate age.
This is explained by the fact that the child’s parents have obligations regarding their proper upbringing and ensuring their well-being, as well as normal physical and spiritual development. And that is why the issue of alimony obligations of one of the spouses has always been relevant in Ukraine.
In this article, we will consider how the procedure for collecting alimony in Ukraine takes place in accordance with the provisions of the current legislation.
What methods of collection of alimony exist?
The legislation of Ukraine provides that during the dissolution of marriage, persons can independently determine the collection of alimony for a child in a voluntary manner.
If they still fail to agree on the amount of such collection, then in such a situation one of the spouses can apply to the judicial authorities with a claim for the collection of alimony in a compulsory manner. And then the court will determine the amount of such fines to set for the person.
What is the procedure for collecting alimony in Ukraine?
If you plan to apply to the judicial authorities , the following procedures exist for collecting alimony debt through the court:
- The person submits a statement in which he asks the judicial authorities to issue a court order for the collection of alimony;
- The person files a claim in which he asks the court authorities to order the collection of alimony obligations in a mandatory manner. Such a category of cases is subject to consideration in the order of simplified legal proceedings, which in practice means the investigation of the circumstances of the case and the rendering of a final decision should not exceed the term of 3 months.
Is it possible to change the way of life ? collection of alimony?
The provisions of the SCU provide that the decision to collect alimony from a person is taken by the court, where the latter assigns the appropriate amount of funds, which will be collected from one of the child’s parents.
As a general rule, the court can order the collection of alimony in the following ways:
- Part of a person’s income – usually a fixed share is established;
- A fixed amount of money, which should not be lower than the minimum amount of alimony guaranteed by the state.
When a person goes to court with a statement, he can ask for a change in the method of collecting alimony, having previously argued why the specified method does not suit him.
For example, it can be a significant and unpredictable loss of a child’s health or a change in the financial condition of one of the spouses, which leads to a difficult situation. The court examines the circumstances of the case and examines the submitted application and makes a decision on its satisfaction or rejection.
How to collect alimony from an unemployed person ?
The regulatory and legal acts of Ukraine do not provide for provisions on the release of a person from whom alimony is being collected from the fact that the executor will not collect alimony from her every month, since she has the status of unemployed due to the loss of her job.
This is explained by the fact that the executor is obliged to comply with the law, and therefore he will continue to accrue monthly alimony obligations, which will be in arrears status.
However, if a person is registered in the employment center and receives unemployment benefits from the state, then by law the executor can collect alimony obligations awarded by the court from such payments.
In what amount can alimony be deducted from wages?
The provisions of the SCU determine the procedure for collecting alimony from wages , which state that if a person voluntarily plans to pay alimony from wages, then their amount is not limited by law.
However, if compulsory collection of alimony is carried out by a court decision, in this case, their amount should not exceed 50% of the debtor’s income, and if the alimony concerns minor children, then the collection should not exceed 70% of the salary.
Thus, the legislator clearly defined the criteria for collecting the corresponding amounts for alimony obligations from the debtor’s salary.
If you maintain a child and want to apply to the judicial authorities for the purpose of establishing alimony obligations from a former spouse, then in this case you need advice from experienced lawyers – the Prikhodko and Partners law firm.
Our team owns appropriate knowledge in the field of family law and therefore we know well how to get exactly such court decision on recovery alimony, which will satisfy all your needs child.
In addition , we understand how to charge alimony in solid monetary amount, from the unemployed, from of the debtor’s wages, from the person who hides their incomes, etc., because we have considerable experience in similar cases. So don’t delay and come to us for a consultation!