Can I apply for child support while I am married?
Yes, you can apply for child support in Ukraine while you are married. Just like after a divorce. You can apply for child support at any time if one of the parents does not provide the necessary material support for the child.
By the way, if the parent does not provide financial assistance to the child, you should contact:
- 1 In court for the enforcement of alimony;
- 2 To the police with a statement on prosecution for economic domestic violence.
Is it possible to go to court with a claim for the recovery of alimony if the father already pays alimony, but this amount is not enough?
Yes, you have the right to go to court. It should be noted in the statement that the father `` does not provide sufficient material assistance. '' The court will review your case and set a fair amount of alimony.
How to apply for child support?
The Family Code of Ukraine (chapter 15) defines two ways to appeal to the court to recover child support. By filing:
- 1 Applications for the issuance of an order to collect child support;
- 2 Statement of claim for alimony.
Application for judicial orderAn application for the issuance of a court order to collect alimony is filed in the case when you ask to recover alimony in the amount of:
- ✔ for one child - one fourth of the earnings (income);
- ✔ for two children - one third of the earnings (income);
- ✔ for three or more children - half of the earnings (income) of the payer of alimony.
If you ask to collect child support in a fixed amount of money, then in the application for issuing a court order you can ask to collect child support in the amount of 50 percent of the subsistence minimum for a child of the corresponding age. If you need to recover child support in a larger amount - you must file a claim for the recovery of child support. In which indicate the required amount of alimony, which will be charged monthly.
According to the second section of the Civil Procedure Code of Ukraine, the court considers the application for the issuance of a court order within five days from the date of receipt by the court of information about the place of residence (stay) of the individual debtor registered in the manner prescribed by law. The consideration is carried out without a hearing and notice to the applicant and the debtor. The requirements for an application for a judicial order are described in article 163 of the Civil Procedure Code of Ukraine.
Alimony ClaimA statement of claim is filed if you need to recover child support in an amount greater than the above. Or do you want to receive alimony not in part from the payer's income, but in a fixed (determined) amount of money, for example, if the amount of the official income of the Payer is small.
The lawsuit is described in Section 3 of the Civil Procedure Code of Ukraine.
I draw your attention to the fact that the court will not necessarily determine the amount of alimony indicated in your statement of claim. The court often reduces the amount, given the objections of the defendant (the payer of alimony). Therefore, it is better to foresee this circumstance, and slightly overestimate your requirements.
- 1 The court fee is not paid for filing applications for the recovery of alimony;
- 2 You can represent your interests in court yourself, or a lawyer, or a lawyer. I draw your attention to the fact that not only a lawyer, but also a lawyer can represent your interests in this category of cases;
- 3 A power of attorney to represent your interests in court can be certified not only by a notary, but also by a judge at the first court hearing. The judge will certify the power of attorney for free, unlike a notary public.
Order services to obtain a court decision on the assignment of turnkey alimony; or separately drawing up a claim for alimony, filing it, is possible on our website https://www.yurdopomoga.com.ua.