Child support: how to collect, how to calculate and where to go.
One of the most pressing issues in today's conditions is the recovery of alimony, as in the divorce of parents who have a minor child (children), one of the parents with whom the child (children) remains is faced with the issue of alimony.
How to collect child support, which would, in the first place, meet the interests of the child, as well as would satisfy each parent?
Ukrainian law provides for two ways of collecting alimony: peacefully or compulsorily.
Recovery of alimony by peaceful means is carried out by concluding an agreement between the father and mother of the child on the payment of child support, which determines the amount and terms of payment of alimony, as well as other details of the payment of alimony.
That is, the current legislation of Ukraine provides the right and opportunity to agree among themselves on the amount and frequency of child support on a voluntary basis. At the same time, such an agreement must meet the interests of the child, meet his needs and ensure harmonious and comprehensive development in accordance with his age.
Such an agreement must be concluded in writing and is subject to notarization. It should be noted that in case of non-compliance with the terms of such an agreement, it will have the force of enforcement, ie alimony will be collected on the basis of the notary's writ of execution by the state executive service.
However, if the child's parents fail to reach an agreement on this issue, the recovery of child support is carried out only in court.
In this case, the legislator provides the opportunity to collect alimony in a simplified manner - by way of injunctive relief. Implied? This means that the applicant does not need to be present at the court hearings, provide any explanations, prove the fact of non-payment of funds, provide proof of financial status and capabilities of one of the parents from whom alimony is required.
It is only necessary to apply to the court for a court order for alimony. Such an application may be filed at the place of residence of the parent with whom the child lives, ie the alimony collector, or at the place of residence of the alimony payer. The court fee in this case is not paid. The court within five days from the opening of the proceedings considers the application and issues a court order, which clearly determines the amount of alimony to be recovered. Please note that the amount of alimony as a share of the alimony payer's income, or the minimum amount of alimony guaranteed by the current legislation of Ukraine, which is 50% of the subsistence level for a child of the appropriate age, may be collected by way of injunctive proceedings.
To date, the amount of alimony as a share of income is:
- for one child - one quarter;
- for two children - one third;
- for three or more children - half of the earnings (income) of the alimony payer.
In 2021, according to the Law of Ukraine "On the State Budget of Ukraine for 2021", 50% of the subsistence level for a child of the appropriate age is:
- for children under 6 years - UAH 960.50. (from 01.01.2021); 1006.50 UAH (from 01.07.2021); 1050 грн. (from 01.12.2021);
- for children aged 6 to 18 years - UAH 1,197.50. (from 01.01.2021); 1255 грн. (from 01.07.2021); 1309 грн. (from 01.12.2021).
After the alimony collector receives a court order, he must apply to the enforcement service to initiate enforcement proceedings. Then the state executor issues a writ of execution and enforces the maintenance of child support.
Therefore, injunctive relief is a great option for immediate alimony in the minimum amount, which is guaranteed and established by the state, which will save you time and nerves.
However, if you believe that the minimum amount of alimony will not be sufficient to ensure the best possible development and interests of your child, then you need to go to court with a statement of claim for alimony in general litigation.
With the appropriate claim, the parent with whom the child lives at the place of residence or at the place of residence of the alimony payer has the right to apply to the court. There is also no court fee.
In this case, the case will be considered in the general order, ie the plaintiff will need to justify and provide appropriate evidence confirming why such a sum is charged from the defendant, evidence of financial ability to pay the requested amount of money, and so on.
In this case, child support is awarded either as a share of earnings or in the form of a specific amount.
Also, we draw your attention to the fact that the legislation fixes not only the minimum amount of alimony, but also the maximum.
To date, the maximum amount of alimony is 10 subsistence minimums for a child of the appropriate age, namely:
- for children under 6 years - UAH 19,210. (from 01.01.2021); 20 130 hryvnias (from 01.07.2021); 21 000 грн. (from 01.12.2021);
- for children aged 6 to 18 years - UAH 23,950. (from 01.01.2021); 25 100 hryvnias (from 01.07.2021); 26 180 hryvnias (from 01.12.2021).
We draw your attention to the fact that the current legislation of Ukraine provides for the possibility of collecting alimony for the past, but not more than 10 years.
In the event of changes in circumstances that did not occur during the court's determination of the amount of alimony or such circumstances arose during the payment of alimony, the established amount of alimony may be changed, both in the direction of increase and in the direction of decrease. The amount of alimony can be changed only for a good reason, in particular, in the event of a change in financial or family status, deterioration or improvement of the health of the alimony payer and in other cases.
So, summarizing the above, we see that the issue of recovery of child support (child) is quite complex and not easy. That is why, if you want to collect alimony, or if you intend to collect a moderately high, in your opinion, the amount of alimony that does not meet your financial capabilities, you should not be careless and rely on fate.
The above is an attempt to explain to you the main points of the order of recovery of alimony, determining its size. However, in each case (appeal) there are nuances associated with different circumstances that need to be considered. In this regard, for advice and assistance, we suggest you contact our specialists who specialize in alimony and who will definitely help you.
In our company, the process of providing services is organized so that you can check the competence of our lawyer. We offer a variety of consultation formats:
- personal meeting with a lawyer in our office;
- get a consultation by phone, skype or any messenger;
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- get an answer to your question by email.
You can assess our competence right now by calling and getting the advice you need or arrange a personal meeting with a lawyer.
Sincerely, Law Firm «Adalet»
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