Alimony lawyer in Kyiv

Legal assistance for alimony recovery

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Let’s consider the categories of persons for whom Ukrainian law provides alimony recovery.

1. Alimony for children. The obligation to support a child (that is, a minor) is provided for by Art. 180 of the Family Code of Ukraine. But it is also possible to recover alimony after the age of 18 for students in full-time education (up to 23 years of age), or for an incapacitated daughter or son, but only if the parents have such financial means.
2. Alimony to the wife. Most citizens are aware that a wife can claim support from her former husband (the child’s father) during pregnancy, as well as until the child reaches the age of 3. The same rights apply to a spouse if the child continues to live with them.
3. Alimony to parents. A daughter or son who has reached the age of majority is obliged to support incapacitated parents (Art. 202 of the Family Code of Ukraine). There are exceptions to this rule: if the parents were deprived of parental rights in the past, or if the court has found that they evaded the performance of their parental duties. In addition, under certain circumstances, alimony for the needs of parents can also be recovered from a minor child.

Not everyone knows that you can also file for alimony in many other cases, even in the absence of children. For example:

• While married. Grounds – incapacity for work, or income not reaching the subsistence minimum.
• After divorce. Grounds – at the time of divorce, the period until retirement is not more than 5 years, and the marriage lasted at least 10 years; incapacity for work that occurred within a year after the divorce; impossibility during the marriage to obtain education or employment due to certain family responsibilities.
• Not having entered into an official marriage, but living in a “common-law marriage”. Grounds – incapacity for work that arose during cohabitation.

It is impossible to cover all cases requiring the support of one of the spouses in an article. Especially to describe all the nuances that are taken into account in each situation (the financial capacity of the obligated spouse, moral-ethical behavior in the family, timing of alimony awards, etc.). A detailed review of each case can be carried out by an alimony recovery lawyer on an individual basis.

Methods of obtaining alimony

1. Voluntary fulfillment of the obligation. The support of the child should be carried out by agreement of the parties. For example, a spouse may submit a written statement at the place of receipt of his income requesting that a desired amount be deducted from his income for a certain period. In addition, an agreement between the parties can be drawn up in writing and notarized. It should be noted that this is a rather costly option, since the fee in this case will depend on the price of the agreement, which in turn amounts to the sum of all payments for the entire period under the agreement.
2. Recovery by court decision. It is necessary to file a claim for the recovery of alimony. This option is quite reliable and economical. The court fee is not payable. An alimony lawyer will draft the claim, choose the optimal method of determining the amount of recovery, collect the necessary alimony documents, convince the court of the legitimacy of your claims, and also provide support for enforcement proceedings, since obtaining a court decision is not the final stage.

The amount of alimony is established by the court, and as a general rule cannot be less than 30% of the subsistence minimum, which depends on the age of the child. There are two options for determining the amount: a portion of the parent’s earnings, or a certain fixed sum. In addition, it is possible to recover amounts of additional expenses for the child (caused by illness, the need to develop the child’s talents, etc.).

When an alimony lawyer is especially necessary

Recovery of arrears in alimony. As a general rule, alimony is assigned from the day of filing the claim, but an alimony lawyer can prove the need to recover arrears for a 3-year period due to the parent’s evasion of the obligation. But it should be known that the court can release the payer from payment of the arrears. Our alimony lawyer in Kyiv will do everything to ensure that your child’s rights are not violated and that the material support owed to them does not remain mere words.

Recovery of penalties on alimony is possible if the payer is at fault for the arrears. The penalty amount is 1% for each day of delay. In practice, alimony debt can last quite a long time, so over a year the amount of penalties can rival the obligation itself. But it should be noted that for this it is essential to obtain a court decision, which has the right to reduce the size of the penalties. An experienced lawyer will be able not only to recover alimony for the child, but also to achieve the maximum possible amount of penalties (liquidated damages).

Alimony from the unemployed. Many parents do not go to court to recover alimony, arguing that the other parent is unemployed and it is impossible to get child support from them. This is not the case. First, in Ukraine alimony payers are not exempt from fulfilling the obligation due to lack of employment. Second, recovery can be made, among other things, from unemployment benefits, according to CMU Resolution No.146. Third, if the payer has overdue payments for more than 3 months, recovery may be levied on his property. In addition, there are other methods of influencing the debtor, such as a temporary ban on leaving the country, criminal liability for malicious evasion of the obligation. All these measures will encourage the debtor to behave more responsibly.

Legal consultation and services from Law Firm “Nakaz”

The list of services provided by our specialists for the recovery of alimony obligations in Kyiv includes:

• legal consultation on all issues of interest;
• drafting of the claim and collection of necessary documents for the evidentiary base;
• protection of your rights and interests in court;
• recovery of alimony for a child, an adult son/daughter, one of the spouses, parents;
• assistance with enforcement proceedings.