On the amount of alimony, the form and procedure for their payment and other things that relate to such a case, the parties can agree on the basis of mutual consent, bypassing court proceedings.
Alimony is a legal obligation that can coordinate the mutual rights as well as obligations of loved ones such as parents, children, spouses, grandparents, and other relatives.
But in order to contact a child support lawyer, you need good reasons. One of these reasons may be the unwillingness of one of the parties to the process to take part in the court session. Then a lawyer can do such work instead of a citizen. Namely, he will collect the documents, draw up a lawsuit in court, take part in the court session, and, finally, he will receive a verdict for you, which was issued at the court session.
Withdrawal of alimony from a citizen can be carried out both in a fixed amount of money, and be part of the income of the alimony payer.
A lawyer can provide services related to the processing of alimony, such as advice on the procedure and lines according to which alimony will be collected, as well as on the amount. A child support lawyer will help, if necessary, file a lawsuit in court, file a complaint regarding the withdrawal of alimony. He can also conduct a case on the appointment of alimony in court, as well as provide legal support for the case on the recovery of alimony.
In the event that a citizen evades paying alimony and he disappeared, then the lawyer can take measures to search for him, and also for this purpose he can find his property or other sources of his income so that the alimony gets to its destination.
Over time, there may be different changes in payment, so the amount of alimony can be either increased or reduced. Therefore, a child support lawyer will help you restore justice, and the amount will meet the requirements of the present.
Of course, in such a case as the payment of alimony, unforeseen and unexpected situations can happen. The alimony payer may delay their payment, and here the lawyer can take actions, up to the collection of debt and penalties in court.
It may happen in life that a citizen does not want to recognize his paternity, and accordingly he will refuse to pay alimony for such a child. In this case, the lawyer can seek the establishment of paternity through the courts. Such a father may be a person of foreign origin. But even in this case, it is in the power of a lawyer to legalize the court decision and present it to the relevant authorities outside our country.
Alimony does not stop being paid until the child reaches the age of majority. But it is possible, as an exception, in court to ensure that alimony continues to be paid if the child continues his education.
The state sets the amount of alimony. It is calculated from the subsistence minimum for a child of a certain age and must be at least 30 percent of this minimum. In some cases, the amount of maintenance may be calculated as a part of the income of the taxpayer, and its amount is calculated from the total part of the income and should be one quarter for one child, one third for three children and from three children or more, the amount of maintenance is half the income.
To obtain child support, you must file a claim with the court in your place of residence. There are two options here. The claim can be filed at the place of residence of the defendant or in your district court. If the claim is filed with the court at the place of residence of the claimant, then the reference to such an action is Article 110 of the Civil Procedure Code of Ukraine.
The application shall indicate the name of the court, surname, name and patronymic of the author of the claim, as well as the place of residence, post office index. Such data also includes the plaintiff's telephone numbers. This is written in the header of the application. It is followed by an introductory part. In it, the plaintiff indicates that the plaintiff and the defendant have a common child and the surname, first name and patronymic of the child, date of birth, and also indicates that the child currently lives with the author of the claim. The main part describes the motives that served as the reason for filing an application with the court. It can be noted in it that the defendant does not participate in the financial support of the child. This application may also indicate the place of work of the defendant.
It is better that you have papers that can confirm that you repeatedly made attempts to peacefully resolve the situation before the trial. But the defendant did not respond to pre-trial measures. This also includes the testimony of witnesses that the defendant does not fulfill his financial obligations to provide for the child.
Alimony will be accrued from the day the application is submitted to the court.
There are two forms in which a plaintiff can receive money. The first is a percentage of income and the second is a fixed amount of money. This is established by the court, but the plaintiff may ask the court for his wishes in the application.
The court may assign a fixed amount in the event that the defendant for various reasons does not have a regular income.
And in the final part of the claim, the laws are indicated on the basis of which the plaintiff is going to ask for alimony payments. If it is a percentage of the salary, then these are Articles 180 and 183 of the Civil Procedure Code of Ukraine. If a fixed amount of money is collected, then Article 184.
In the annex to the citizen's application, it is necessary to list all valid documents that can confirm the information contained in the application. Copies of documents must also be attached to it. It must be remembered that the original documents must be presented in the courtroom. Also attached is a copy of the passport, a certificate of where the child lives, a certificate of divorce (if the parents of the child were former spouses).
Such an application with all accompanying certificates, photocopies, applications is submitted to the ship's office. A copy of such an application is attached to it for submission to the defendant. The state fee is paid and a receipt for its payment is provided to the office.
This can be done easily and simply by entrusting the conduct of a child support case to a lawyer who specializes in knowledge of the laws on this issue. This will always save your time, as well as moral and physical resources.
