The right of one of the spouses to get alimony in Ukraine cannot arise from scratch. A prerequisite for this should be the fact of self-removal of a parent from participation in the material support of their child without valid reasons. Such a phenomenon may appear not only due to divorce. Even if parents are married, it often happens that husbands completely ignore their responsibility for the maintenance of their descendants. They often cease to finance the cost of providing their children with normal conditions for development. On the contrary, it happens that some fathers do everything possible to make their children not feel disadvantaged and have all the necessary conditions for comprehensive development and ex wife support even after divorce. A parent who has remained to raise children after divorce will always feel the burden of independent maintenance of children after the loss of support from the spouse. It is necessary to get alimony in order to make children get proper care in such conditions and provide spousal support. First of all, it is desirable to consult a family law attorney, who can help with recovery of alimony, paternity establishment or restoration of parental rights in Ukraine.
If you are in Ukraine, then you should follow the following procedure: first of all, try to negotiate with your spouse about the voluntary payment of child support in the form of a specific amount of money per month. If he agrees to a peaceful solution to the issue of child maintenance after the divorce, the agreements must be drawn up by a notary in the form of a civil contract. If the husband refuses to voluntarily participate in the material support of his child, you should apply to the local court for alimony.
Depending on whether the spouse has a stable income, whether he is able to earn a sufficient amount of money, whether he has a permanent job, there are two ways to determine the amount of alimony: in the form of a part of the monthly amount of all types of income or in a fixed amount of money.
Appeal to the court is made in the form of an application for a court order. The document must contain information about the place of residence or place of work of the defendant.
There is a certain limit of the amount of recovery of alimony which should be received monthly for the maintenance of the child. According to its requirements, it doesn’t matter what form of recovery is chosen but the smallest amount of alimony should not be lower than the amount, which is defined as half of the minimum cost of living for one child.
There must be circumstances to change the amount of alimony. The occurrence of these circumstances will serve as the basis for going to court. The most common reasons for changes in the amount of alimony for a child support are: the deterioration of the material condition due to loss of work, reduction of wages; changes in the family composition associated with the birth of a child, the adoption of elderly parents as dependants; deterioration in the health of a family member, which entailed significant expenditure on treatment; increase in costs for raising children due to their studies, hobbies, etc.
In 2018 Ukraine witnessed legislative innovations in order to combat alimony debtors. The main meaning of them is to create conditions under which it will not be profitable not to pay alimony for wife maintenance. In particular, those who have forgotten to pay alimony to their children for 3 months and more will face the following restrictions: deprivation of the driving license; a ban on crossing a frontier; restriction in the right of use of weapons; restriction on hunting.
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