Collecting Alimony from an Unemployed Person

In the process of collecting alimony from an unemployed citizen, one encounters many pitfalls that require the involvement of an experienced lawyer.

Cost of services

You can find out detailed information about service costs by contacting the specialists of our company. The amount of upcoming expenses will be determined after a thorough analysis of the situation.

Can alimony be recovered from an unemployed father or mother

Ukrainian legislation obliges parents to provide funds for the maintenance of their children, regardless of whether the father or mother has permanent employment. An exception may be cases when the minor child’s income significantly exceeds the income of both parents, allowing the child’s needs to be fully met without additional financial support. On this basis, a court may decide to exempt the father or mother from paying alimony.

Thus, a citizen’s employment status does not affect their obligations to support their minor child. Former spouses may conclude an agreement between themselves on the procedure and amounts of payments. If such an agreement is absent, the minimum amount to be collected from an unemployed parent is determined by a court decision.

Preparing a claim for alimony recovery from an unemployed person

We will help you draft a statement of claim which should include the following information:

• The amount of alimony claimed by the plaintiff, based on the monthly monetary expenses for the child’s maintenance.
• The living conditions of the minor children during the period when the defendant provided for them. Documentary evidence will be required for the facts stated.
• Information about the income level of the parent living with the child.
• Any facts confirming that additional financial support is required for the comfortable existence of the children. In particular, this relates to expenses for the treatment of a disabled child, payment for education in a fee-based educational institution, etc.

In addition, the claim should be accompanied by the following documents and/or their copies:

1. Applicant’s passport.
2. Child’s birth certificate.
3. Document confirming the fact of divorce.
4. Information about the defendant’s actual place of residence.
5. Documentary evidence of the established amount of alimony to be recovered.

The claim is subject to consideration based on the application and the documents available to the court, after which a corresponding decision is issued.

How to calculate alimony from an unemployed person?

If the payer is not employed and is not registered with the employment center, the law provides for the recovery of funds for the child’s maintenance in a fixed monetary amount. In this case, alimony is subject to indexation.

If the defendant has an official status of unemployed, this implies the presence of an unemployment benefit from which they must make certain deductions in the amount established by law.

If an unemployed parent has unofficial earnings that they hide, refusing to allocate funds for the child’s maintenance, the level of their income can be determined by witness testimony or by tracking income and expenditures through the engagement of the bailiff service.

Services provided by the lawyers of our company

Specialists with extensive practical experience in matters of family and civil law are ready to:

• advise you on all issues related to the procedure of collecting alimony from an officially unemployed person;
• develop the right strategy to establish the desired payment arrangement;
• calculate the maximally acceptable amount to be recovered, based on the specific situation;
• assess the facts that may be significant for obtaining a court decision in your favor;
• act as your representative during the process.