Art. 27 of the UN Convention on the Rights of the Child, Art. 51 of the Constitution of Ukraine and Art. 180 of the Family Code of Ukraine impose on parents the obligation to keep their minor children. If the father and / or mother do not comply with this prescription, the law provides for the recovery of the necessary financial assistance in the form of alimony. Details on who and in what cases can claim this type of material support, as well as the methods and methods of obtaining it, will be discussed below.
1. What is alimony?
In a broad sense, alimony is any financial or natural means used to support incapacitated persons who are current or former family members living separately. The provision of real estate, things, food, services and other goods other than money may be recognized as a proper way of fulfilling obligations only by agreement of the parties.
When resolving a case through a court, such funds are usually calculated as a certain part of the payer's income, or in a fixed amount of money (subject to indexation). The procedure and conditions for granting such financial assistance, as well as the circle of persons to whom it may be provided, shall be established by the Family Code.
2. Who is entitled to alimony?
The guaranteed right to the maintenance of the father, mother, real or ex-husband or wife residing separately is:
- children, ie persons under the age of 18;
- daughter / son between the ages of 18 and 23, who continue their education in educational institutions, provided that parents have the opportunity to provide for them;
- women during pregnancy (including after divorce) from the father of the unborn child;
- mother or father living with the child until they reach the age of 3 years, and if the latter has disorders of physical or mental development - up to 6 years;
- the spouse who lives with and cares for the disabled child if the other can provide financial assistance.
In addition, the law provides for a mutual obligation to maintain spouses (in some cases ex-spouses) who have lost their ability to work, as well as an obligation for adult children to provide for parents after they reach retirement age, receive disability or inability to earn their own health.
The recipient of child support may be the mother or father residing with him, the legal representative, or the minor himself. These tangible assets are the property of the person to whom they are addressed and may only be used for their intended purpose for their own benefit. The child has the right to participate in the distribution of expenses or to manage his or her own alimony independently (Article 179 of the UWC).
The amount of alimony may not be less than 50% of the subsistence minimum for a child of the appropriate age (Part 2 of Article 182 SKU). In determining the amount of the security, the court takes into account the financial position of the payer, the state of his health, the number of children, the presence of other dependents and other legally significant factors.
3. How to claim alimony without trial?
The Ukrainian legislation provides for the possibility of reconciling the volume, methods and terms of providing financial assistance (including natural assistance) between former or current members of the same family. Such an arrangement must be made in writing and notarized.
In this case, the following shall have legal force:
- marriage contract with terms of alimony in case of divorce;
- spousal agreement on content provision;
- an agreement on waiver of the right to alimony in connection with the transfer to the child and / or the second of the former spouses of immovable property;
- an amicable agreement of the parties which does not contradict the interests of the child and does not diminish the rights to the content guaranteed by law;
In the presence of any of these documents, in the event of failure of one of the parties to their obligations, alimony may be claimed without a court order, based on the executive notary's letter.
4. How to claim child support through court?
If one or both parents, and in the absence of other close relatives, do not fulfill the responsibilities for the maintenance of the child, the person residing with the minor or lawfully representing his or her interests has the right to seek appropriate financial assistance. To do this, go to the court of first instance, closest to the registered place of residence, residence of the plaintiff or defendant (Article 28 of the Civil Procedure Code of Ukraine). If the location of the defendant's whereabouts is unknown, he is announced on a search by the National Police at the expense of the person hiding himself.
For the court to consider the case, it is necessary to file in the office such documents:
1) a claim on the appointment of alimony, their increase, indexing, change of payment method, debt collection;
2) copies of Certificates of marriage, termination of marriage;
3) written and other evidence confirming the fact of the child's origin from the defendant, or the presence of other related relationships between the defendant and the child.
The cost of a claim in alimony cases is determined by the total cost of payments, but not more than 6 months (Article 176 of the CCP). On the basis of paragraph 3 of Part 1 of Art. 5 of the Law of Ukraine "On Court Fee", the plaintiffs in these cases are completely exempt from the payment of court fees in all instances.
5. How can an alimony lawyer help?
In accordance with Part 2 of Art. 15, Art. 60 GPCU, to act on behalf and in the interests of the plaintiff in court is entitled only to a lawyer. His powers must be confirmed by a Certificate of Right to Advocate, as well as a power of attorney or warrant for the exercise of certain procedural rights and obligations.
The services of a family lawyer, including alimony disputes, are initially paid for by a party in need of professional legal assistance. However, the amount of such costs by court decision may be offset in whole or in part by the losing party if such a claim is present in the statement of claim.
On the terms stipulated by the legal services contract, the lawyer may:
- to make claims, appeals, objections, petitions;
- to collect evidence, make inquiries, receive information from third parties (physical and legal), interview witnesses, draw up the received data in accordance with the requirements of current regulatory legal acts;
- to represent the client's interests at all sessions of the court and outside them, using the procedural rights of the latter.
The lawyer in cases of claiming alimony in Kiev and in Ukraine has ample opportunities provided to him by the Law “On Advocacy and Attorney Activity”. For example, at the request of the legal representative of the plaintiff, the employer is obliged to issue a certificate on the amount of wages of an employee who evades payment of alimony. Also, the lawyer has the right to receive the necessary information from the state registers (acts of recording civil status, real rights to real estate, records about the owners of vehicles, etc.), which greatly simplifies the preparation of evidence on the claim.
If you need individual legal advice on issues related to alimony, we invite you to sign up for a free consultation at krikun.ua
Legal acts:
1. UN Convention on the Rights of the Child
2. The Constitution of Ukraine
3. Family Code of Ukraine
4. The Civil Code of Ukraine
5. Code of Civil Procedure of Ukraine
6. Law of Ukraine “On Advocacy and Attorney Activity”
7. The Law of Ukraine “On Court Fee”
8. Procedure for collecting child support for children (children) in case of departure of one of the parents to permanent residence in the country with which the agreement on mutual legal assistance has not been concluded ( CMU Resolution No.1203 of 19.08.2002 )
