Claim for recovery of alimony

Sample claim for alimony recovery 

* please note that in the process of divorce, issues related to alimony and division of property usually arise, which are not included in the packages described above.
** by “court” we mean full handling of a case in a single instance. For example: after a first instance court decision, an appeal to the appellate court may be required.
*** additionally payable is the post-judicial enforcement proceedings, which aim at the actual execution of the court decision.
**** a power of attorney is required so that our lawyer can independently file documents with the court and represent the client’s interests at hearings. The client can execute a power of attorney with any notary using the provided sample.
***** no court fee is charged for alimony

The Family Code imposes on parents the obligation to support their minor children. However, some parents evade this duty. In order to recover alimony from an uncooperative father (mother), it is necessary to apply to the court.

Alimony is usually recovered as a percentage of the income or earnings of the father (mother). One of the parents living with the child may apply to the court with a claim for alimony recovery. There is no time limit for filing such a claim; however, the court may award payment of alimony for past years, but only for the last three years. The amount of payments is determined only by the court (but in any case not less than 30% of all income).

A parent living separately must not only pay alimony for the child, but also participate in additional expenses for the child (Art. 185 of the Family Code). The amount of additional expenses is also determined solely by the court.

For those who turn to our company, we guarantee a positive outcome in disputes over alimony obligations. Our lawyers provide the following services:

After the court issues a decision to recover a certain amount of alimony from the defendant, it still must be enforced. Recovery of such payments is often carried out on the basis of an enforcement writ. If the parent who must pay alimony plans to cover the amount from various sources of income (for example, from salary and income from entrepreneurial activity), the court may, at his request, issue several enforcement writs.

Deduction of the awarded amount of alimony is carried out by the enterprise where the defendant works. Such payments are made once a month, on payday.

Alimony payments can also be made based on an agreement between the parents. Unfortunately, payment of alimony by agreement is much less common.

Due to the widespread problem of undeclared employment in Ukraine, many people face the question: is it possible to recover alimony from an unemployed person, and how to do it? According to the law, lack of employment does not relieve a parent of the obligation to pay alimony. An experienced lawyer will help file a claim for child support in court, which will reflect this circumstance; they will also help gather the documents attached to the claim and will monitor the enforcement of the court decision.

Amount of alimony in Ukraine

To determine the amount of alimony in Ukraine, the judge takes into account several factors, such as:

• the child’s health and age, which determine his needs;
• the financial situation of the parent with whom the child resides;
• whether the parent who must pay alimony has other children or other persons materially dependent on them.

There is a minimum alimony amount below which it cannot be set. Alimony is calculated either as a fixed sum or as a percentage of income. Payment of alimony for two children is made as a single amount, i.e. a single portion of the income of the parent who pays alimony is set aside for the children’s maintenance, regardless of their number. The more children there are, the larger this portion will be.

If you need to recover alimony, do not delay. Our lawyers will not only help you draft a claim for alimony recovery, but will also secure their payment in the amount you need.

Alimony recovery by parents

According to the Family Code, adult citizens of Ukraine are obliged to support their incapacitated parents. Parents who have reached retirement age or are unable to provide for themselves due to health reasons may recover alimony from their children through the court. The amount of such financial assistance is determined as a percentage of the defendant’s official salary, or as a fixed sum if the adult child has no regular income.

To oblige children to pay alimony, it is necessary to file a claim with the court. A claim may be satisfied only if the following conditions are met:

• the defendants are persons who have reached the age of majority;
• the parents’ incapacity was recognized in accordance with the provisions of the Law “On Compulsory State Pension Insurance”;
• the plaintiff truly needs financial support, which is confirmed by the low level of their income sources;
• there are no legal grounds for exempting the children from the obligation to pay alimony.

Recovery of alimony arrears

We are often contacted by clients who want to collect alimony arrears. Debt can accumulate for many reasons: systematic non-payment, refusal to pay, or an increase in alimony that the parent may not even be aware of. One common reason is unemployment. Many believe this is a valid reason for not paying alimony, but we assure you that recovery from an unemployed person is possible, since, according to the Family Code, being unemployed does not exempt the payer from the obligation to pay alimony.

In addition, there are cases when young mothers ask us whether they can claim alimony outside of marriage. Alimony can be obtained only if paternity is legally established. Otherwise, paternity must first be established, and then a claim for alimony should be filed.

Recovery of alimony arrears occurs only in court, after experienced specialists perform the necessary calculation of arrears.

Procedure for paying alimony

The procedure for paying alimony is controlled by the court and by the organization where the payer is employed. The payment process itself is quite simple. The payroll department of the payer’s employer is obliged to withhold the required amount specified in the enforcement document for alimony payments. The withheld amounts are then transferred to the person named in the enforcement document (i.e., to the mother, father or the child). The amount of alimony must equal the amount specified in the enforcement document. Decrease or increase of alimony is determined only by a court decision, by mutual agreement between the parents, or by a claim filed in court by the payer.

If you experience difficulties regarding alimony payments or need to prepare the necessary documents to file a claim for alimony, you can always contact us for assistance.

You can find a sample alimony application above

A sample alimony application is shown above, which, after completion, can be filed with the court. However, if you have questions while filling it out, you should consult a lawyer for clarification.

Advantages of our lawyers

By entrusting your case to the lawyers of our company, you can achieve the best possible results. With an experienced attorney, you will not have to:

• prepare the necessary procedural documents yourself;
• deal with the intricacies of the law to find the best solution for your situation;
• defend your legal position during the court hearing.

Cost of service

Our clients can expect reasonable fees for the legal services provided:

• consultation on alimony recovery issues;
• preparation of the claim;
• direct participation of an attorney in the court process.

Service fees are calculated hourly. The price may vary depending on the number of hearings conducted.

Moreover, comprehensive case management is possible, which includes a list of services determined by prior agreement.

Payment of alimony recovered by court is terminated:

• upon the child reaching the age of majority or in the event that the minor child acquires full legal capacity before reaching majority;
• upon adoption of the child for whom alimony was being recovered;
• if the court recognizes the restoration of the recipient’s ability to work or an end to the recipient’s need for assistance;
• if the incapacitated recipient who needs assistance, formerly the spouse, enters into a new marriage;
• by the death of the person receiving alimony or the person obliged to pay alimony.