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Ester Guardians / Services / Recovery of child support and alimony

Recovery of child support and alimony

Do you have a minor child on your full support, and the other parent makes no effort to provide for him or her? Or has your child entered the university, and the parent has stopped paying the money, explaining that the child is now an adult? The lawyers of our association will help protect the child’s rights to proper financial support.

STAGES OF COOPERATION WITH AN ATTORNEY IN MATTERS OF CHILD SUPPORT RECOVERY:

01.

Meeting of the Client with the Lawyer (in the Kyiv office or online), consultation and drawing up a phased plan for further cooperation;

02.

Formation of several possible ways to collect alimony and choosing the most optimal option for the Client.

03.

Arranging a meeting with the other party (or its lawyer) and negotiating a possible pre-trial settlement of the dispute (signing an agreement on the payment of child support);

04.

Legal support at the stage of signing the agreement or filing a lawsuit or an application for a court order and representation of the Client's interests in court.

OUR CASES

Our practice:

Case №755/14670/21
Client's request:

A Client, who was faithfully fulfilling his obligation to support his minor child, including paying alimony, received a statement of claim from his ex-wife seeking to recover additional child support expenses from him. Considering this claim to be unfounded and having doubts about the validity of these expenses, the Client contacted us with a request for representation and protection of his interests in court.


Actions taken:

We carried out a legal analysis of the situation and filed a response to the statement of claim, which set out substantive objections to the stated claims and attached evidence.

Result:

The court dismissed the claim in full and ordered the claimant to reimburse the Client's legal fees.



https://reyestr.court.gov.ua/Review/104179480

Case № 754/16211/23
Client's request:

The Client requested to collect child support for a minor child quickly and in a fair amount. The Client and the child were abroad, all the expenses for the child's maintenance, including the child's education at a private school, were covered by the Client alone, and the father did not participate in the child's welfare in any way.

Actions taken:

We conducted a legal analysis of the situation and filed an application to the court for a court order to recover child support for a minor child.

Result:

The court granted the application for a court order and recovered child support for a minor child in the amount of 1/4 of all types of the debtor's earnings (income), but not more than 10 times the subsistence minimum for a child of the corresponding age.



https://reyestr.court.gov.ua/Review/114824280

Case №757/45761/21-ц
Client's request:

The Client received a lawsuit for the recovery of child support for his adult child, who was continuing his studies. The Client understood the importance of his parental obligation to support the child and did not object to paying these alimony payments, but he did not understand the stages of the court process and did not know how to formalize this consent.


Actions taken:

We conducted a legal analysis of the situation, negotiated with the Claimant and, as a result of the agreement reached, submitted to the court a settlement agreement that ensured the best interests of the child and the parties

Result:

The court approved the parties' settlement agreement and closed the proceedings. With the help of the attorneys of our firm, the Client managed to properly formalize his obligation to pay child support, ensuring the best interests of the child.



https://reyestr.court.gov.ua/Review/99259306

FAQ

FREQUENTLY ASKED QUESTIONS ABOUT THE RECOVERY OF ALIMONY:

Art. 180 of the Family Code of Ukraine imposes on both parents the obligation to support the child until he or she reaches the age of majority. This obligation is unconditional and does not depend on the parents' marriage (to each other or to third parties), the presence of other dependent children, etc. Therefore, even if a parent remarries and has other children, he/she is still obliged to pay child support.

As a general rule, parents are obliged to support their children (including alimony) until the children reach the age of 18. However, there are exceptions. For example, according to Article 199 of the Family Code of Ukraine, if an adult daughter or son continues their education and therefore needs financial assistance, parents are obliged to support them until they reach the age of twenty-three, provided that they are able to provide financial assistance.

Yes, part 2 of Article 182 of the Family Code of Ukraine establishes the minimum guaranteed amount of alimony for the maintenance of one child - 50 percent of the subsistence minimum for a child of the corresponding age. And in accordance with clause 4 of part 1 of Article 161 of the Civil Procedure Code of Ukraine, the maximum amount of alimony that may be recovered by court order is ten subsistence minimums for a child of the appropriate age for each child.

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