How to sue the recovery of alimony from her ex-husband?
This article talks about alimony: what it is, how much a person should pay for his child, and what to do, even if these meager amounts are not paid.
Having extensive experience in resolving family disputes and providing advice on divorce proceedings, lawyers and http://www.vsemvsud.ru/ lawyers know that those of their spouses who receive or are entitled to receive child support do not know about the features payout of this content. The second side often takes advantage of this. In the end, it turns out that if alimony is paid, then in a much smaller amount than it could be. Consequently, the child and the spouse with whom he lives simply do not receive legal funds.
One article, of course, cannot rectify the situation, but to give people some knowledge will certainly not be superfluous. So let’s start our educational program.
When is child support paid?
To receive child support is the right of the parent who maintains the child and with whom the child lives. Alimony can be paid not only until the child’s eighteenth birthday, in some cases it is necessary to contain children and older children (1).
Ideally, child support should be paid by agreement of the parents. However, if she is not, the parent with whom the child lives has the opportunity to apply to the court to protect his right to financial assistance from his former spouse.
Often the question arises whether the ex-husband of the mother who contains the child who has married after the divorce should pay child support. Analyzing the norms of the Family Code of Ukraine, we can make an unambiguous conclusion: yes, it should. The obligation to support the child rests with the parents, regardless of whether they live in a joint marriage, divorced or have new marriages. Therefore, even the marriage of the ex-spouse does not cancel the obligation to pay for the maintenance of the child.
Who determines the amount of alimony and how?
The spouse who contains the child determines the desired amount of alimony independently and indicates it when applying to the court. But when determining the amount must be guided by a number of provisions.
The minimum possible amount of alimony should be 30 percent of the subsistence minimum for a child of the corresponding age. The exception is cases provided for in Article 184 of the Family Code of Ukraine, that is, when child support is paid in hard cash.
By the way, if the court has established the amount of alimony paid less than the above 30 percent of the subsistence minimum, the state will be paid the difference between the required minimum alimony and the amount that it will receive from the parent.
Specifically, the minimum subsistence level in 2011 changes as follows: 853 hryvnias per child under 6 years old from October 1, from December 1 this amount will increase to 870 hryvnias. For children aged 6 to 18 years, the minimum subsistence level from October 1 is 1022 hryvnias, after December 1, it will increase to 1042 hryvnias.
When calculating the amount of alimony, it should also be remembered that payments cannot be higher than 50 percent of the monthly wage of the alimony payer after deducting all taxes from it (2). Alimony is withheld from all types of earnings and additional incentives both at the main place of work and at part-time work. In addition, with any other cash receipts such as income from entrepreneurship, a pension, a scholarship or unemployment benefits, a portion will also go to child support payments (3).
Remember that if a parent does not have an official income, he is not exempt from paying child support. Although, of course, the fact of the absence of regular income will be taken into account by the court in determining the amount of alimony (4). Usually in such cases, the court ascribes to pay a fixed amount of money. Such an amount may be changed by the court both up and down. In addition, if it is not possible to collect the required amount from the income of the parent within three months, it is repaid by confiscation of his property (5).
Also, when calculating the amount of monthly payments for the maintenance of the child, the court takes into account the state of health and financial situation of the child, the parent with whom he lives and the child support payer; the presence of alimony payer of other children or incompetent parents, children or spouse, and other circumstances of significant significance6.
Going to court?
So, if the former spouse does not pay child support, the parent raising the child has the right to go to court. The court should be contacted either at the place of official residence of the defendant, or at the place of residence of the plaintiff.
As we said above, the claimant determines the amount of the child support initially. However, this amount must be well justified for the court to satisfy the claims in full. This justification requires the submission of a large number of various documents to the court confirming the monthly costs of a child.