Conditions for the use of mandated judicial proceedings and the minimum amount of alimony.Currently, the minimum amount of child support is:
- ✔ for one child 1/4 of the payer's income;
- ✔ for two children 1/3 of the payer's income;
- ✔ for three or more children, half of the payer's income.
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Alimony actually can not be less than 1/2 of the subsistence minimum for each child of the corresponding age. The subsistence minimum is established by the Law of Ukraine and is constantly changing in the direction of increase. In 2018, from 01.07.2018 until 01.12.2018 for children, the subsistence minimum is:
- ✔ children under the age of 6 years - 1559 UAH;
- ✔ children aged 6 to 18 years - 1944 UAH.
Alimony for the mother or father for child care is not clearly marked, but can usually be 1/20 of the payer's income.
If the payer has no income, the alimony is calculated from the average salary in the region. The average salary is also constantly increasing and for Kiev in 2018 is about 12000 UAH. However, if the payer is really unemployed, he will most likely challenge the calculation of alimony from the average wage in the region and demand the accrual of alimony from the minimum wage which in 2018 is 3723 UAH., Or adhere to the amounts established by law in 1/2 of the subsistence minimum for children of the corresponding age.
The amount of maintenance for maintenance and additional expenses for children is defined in the Family Code of Ukraine, articles 180-185.
Often, when the official income of the payer (the availability of which can be proved) is high, such minimum amounts of alimony are enough. Also, if the payer has no official income, or there is no income at all, or there is reason to believe that large alimony can not be obtained anyway, it makes sense to resort to a simplified legal process that will quickly recover alimony. Also, in simplified proceedings, you can not get alimony in a firm amount, if you want to claim alimony in a fixed amount, you also will not accept such a simplified procedure.
If you are satisfied with such amounts of alimony then you can quickly collect child support for the month, as it's done read on. In the opposite case - you need to receive a court decision on the assignment of alimony in the general procedure, for this, a statement of claim is filed and a full-scale litigation is being conducted, as read in another article on our website.
Receiving a court orderThe trial of alimony in the general procedure takes a lot of time and in practice until the court decision comes into force it will take from 3 to 6 months (in some cases more). What to do if you need money to support your child now?
The answer is simple - thanks to recent innovations in the legislation of Ukraine there is a good opportunity to collect alimony within one month. To do this, it is necessary to use the right to apply to a court in the form of an orderly judicial proceeding, which is given by Article 160-161 of the Civil Procedural Code of Ukraine.
What benefits do you get by applying to the court with a request for the issuance of an order for the recovery of alimony:
- 1 The court issues a writ of execution not more than 3 weeks from the date of submission of the documents.
- 2 Ordering to recover from the debtor alimony in the amount established by law without the participation of the debtor.
- 3 To file a court fee is not required. The court fee in the amount of 176.20 UAH. It is collected in the state income from the debtor.
- 4 Immediate execution of the order is possible in the amount of payment for one month.
- 5 The court order comes into force from the date of the decision. There is no additional term for entering into legal force.
- 6 A court order is an executive document and can be executed compulsorily, that is, it can be submitted immediately to the executive service on the day of receipt.
- 7 The right to appeal the order is absent under art. 161, p. 4-5, of the Civil Procedural Code of Ukraine.
- 8 Debt on child support begins to form from the date of filing an application with the court.
Example of a court order for the recovery of alimony:
Application for the issuance of court order and documentsTo apply to the court, you will need to file an application for a court order with copies of the following documents:
- 1 Паспорт заявителя;
- 2 Identification code of the applicant;
- 3 Passport of the payer of alimony (if any);
- 4 Identification code (tax number) of the payer of the alimony (if any);
- 5 A copy of the marriage certificate or document on divorce;
- 6 Copies of birth certificates of joint children;
- 7 Documents confirming the income of the payer of alimony (if any).
Recovery through the executive serviceFurther, the court order is submitted to the executive service and the state executor is engaged in debt collection. He searches for the existing property of the debtor, turns to the debtor's work, finds other income of the debtor.
For submission to the executive service, you need the identification number (tax number) of the debtor (not necessarily a copy, just a number) and an application for enforcing a judicial order:
Also in the future, you will need a certificate of opening a settlement account with requisites for payments.
After a while, if the debtor does not pay, the executive service can seize his property, put him on the wanted list, restrict his exit abroad, seize the property, make an open register of debtors. After 6 months of not paying to the debtor, you can start a criminal case for evading payment of alimony.
You can order the preparation of documents or complete collection of alimony without your participation on our website.
If you have any questions or you want to order an alimony from the professionals, then call the phone number listed on the website. We provide complex services in the shortest possible time.
More useful information you can find on our website https://www.yurdopomoga.com.ua