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Family law Establishing the fact of child maintenance

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Establishing the fact of child maintenance

Today, in the conditions of the full-scale armed aggression of the Russian Federation, issues related to the establishment of the fact of child maintenance are becoming especially relevant for many Ukrainian families.

First of all, this is due to the fact that, upon establishing this fact, a citizen can fully raise and take care of his own child, receive various benefits from the state, or even obtain a postponement from mobilization (under certain circumstances). However, what are the peculiarities of establishing this legal fact in practice?

Experts from the “Prikhodko and Partners” law firm will talk about this legal aspect with an analysis of current legal acts of Ukraine.

What is required to establish the fact of child support?

As a rule, in order to establish this legal fact in practice, a citizen must apply to the judicial authorities at the place of his actual residence with a corresponding written statement. The application should outline the reasons why it is important for a person to establish the fact of maintaining a child.

In addition, evidence should be added to the written application, which should properly confirm the fact that the child is being maintained by a citizen.

It will also be useful: Establishment of the fact of independent upbringing of the child by the father

For example, these can be the following documents, namely:

the original death certificate of the child’s mother or father;
the decision of judicial authorities to recognize the child’s mother as dead or missing;
decisions of judicial authorities on the deprivation of parental rights of one of the child’s parents;
the decision of the judicial authorities on the dissolution of the marriage between the parents of the child and the appointment of alimony in a fixed monetary amount or in the corresponding percentage of the person’s income;
a document from the state executive service confirming the absence of arrears in child support payments;
a document confirming the child’s cohabitation with one of his parents;
a document confirming the fact of the existence of a family relationship with the child (for example, a birth certificate, which must indicate the paternity of the citizen submitting an application to establish the fact of child support);
a document on the stay of the second parent of the child on compulsory treatment in a psychiatric or any other medical institution;
a document on the stay of the second parent of the child in places of deprivation of liberty, which makes it impossible to participate in his upbringing and maintenance;
a document on the examination of the living conditions in which the child lives (it may also indicate which of the child’s parents is directly involved in his upbringing and provision);
documents certifying ownership of a house or apartment, or a lease agreement for residential premises, etc.

Pay attention! Depending on the individual circumstances arising in each case, the above list of documents can be significantly expanded.

It is worth noting that cases of establishing the legal fact of a child being dependent are always considered in the order of a separate proceeding (a type of non-suitable proceeding), in accordance with the provisions of Art. 315-319 of the Civil Code of Ukraine, since there is no dispute about the right in them.

Therefore, the parties in these cases are the applicants and interested parties (whose rights or legal interests may be affected by the decision of the judicial authorities in the framework of a separate proceeding).

How can our company help?

Law office “Prikhodko and Partners” provides a wide range of services in cases directly related to establishing the legal fact of child maintenance.

Establishing the fact of child maintenance

What is required to establish the fact of child support?

For example, these can be the following documents, namely:

How can our company help?

You may also need:

Andrey Prikhodko