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The order of recovery of alimony payments on child maintenance
Rather frequent we may come across the cases when underage children live only with one of the parents. Another of the parents, on these or those reasons (family problems, divorce, another family and so on), lives separately. Alongside, a separate living, including dwelling with another family, doesn’t release from the duty of keeping their children, until they reach adulthood, that is, before they reach eighteen years of age. Herewith, it is important to note that children have the right on keeping, regardless of the fact of making a marriage between their parents. That is, even if the child’s parents did not stay in a registered marriage, the child has the same right on keeping from both parents, so as the child born in the registered marriage. The manner of keeping their children the parents, as a rule, determine by their mutual agreement, in particular, the agreement may be like this: that one of them pays for food products and clothes, and another – for toys, kindergarten services, studying at school, etc. However, there are the cases when one of the parents still evades from participation in keeping of the children. An effective way to make him/her participate in keeping of the child is appealing of the other side to the court with a corresponding claim about collection of funds on keeping the child (alimony payments). It should be noted that the Family Code of Ukraine, on the contrary to the previous regulatory act which regulated family relations – the Code about marriage and family of Ukraine, does not determine the share of revenue which is awarded for payment, and grants such a right to the court which considers the relevant suit. While determining the size of alimony payments the court obligatory takes into account the financial situation and the health status the alimony payments payer, specifies whether he/she has any other children or disabled family members who need keeping too. Also, the court accounts the current child’s financial position and its health status, in particular, whether the child needs any additional costs for its treatment. The court may also take into account some other circumstances, including incomes of each parent, as well as the level of living conditions, etc. Alongside, at present there is such a judicial practice when the courts mainly determine alimony in parts, the size of which was predetermined in the Code about marriage and family of Ukraine: for one child, as a rule, the alimony is collected in the size of 1/4 parts from the income, for two children – 1/3 of the received income, on three children and more – 1/2 of the received income. However, in any case the size of alimony payments cannot be less than 30 per cent of the subsistence minimum for the child of the corresponding age. Worth to note that in case, when it is found that one of the parents to whom the claim is submitted has an unstable income, on the statement of one of the sides, the court may determine the size of alimony payments in a solid monetary amount. Alimony on keeping the child is awarded with a decision of the court from the day the claim is filed. That is, for example, if the statement of claim about collection of alimony payments is submitted to the court on 01.04.2014, and the decision about collection of alimony payments came into force on 01.09.2014, then, alimony will be accrued not from the day of making the decision or getting the legal force, but from the day the claim is filed, that is, from 01.04.2014. Besides, the legislation claims that in the cases about collection of alimony payments the court permits an immediate execution of the decision (irrespective of the time of coming into its legal force) within the payment for one month. The legislation determines that the court is obliged to consider the case about collection of alimony payments during one month from the day of opening of the proceedings in the case. Worth to note, that on a claim of the payer or receiver of the alimony payments, the court may increase or decrease the size of the alimony payments, if it founds that some change in the family or financial situation took place, as well as about improvement or deterioration of health of one of them. Please, pay attention that in case of a willful payer’s evasion from making alimony payments, he/she may be subject to a criminal liability, including, in form of freedom restriction on the term of up to two years. It is worth noting that, on permission of the ward and care body, an agreement between the parents may be concluded about termination of the right on alimony in that case, when one of the parents, a payer of alimony passed some real estate (a land plot, house and etc.) into the child’s property (or into the property of the child and the parent whom it lives with). Based on the above, we can conclude that the process of alimony collection is quite uneasy and there are a lot of nuances and peculiarities here, that’s why, in order to avoid an extra bureaucracy, as well as loss of time and nerves, it’s reasonable to ask for help of the specialists. Thereby, the specialists of Law Company Colares (ЮК «Коларес») will always help you to resolve any family problems (except, perhaps, love), will always provide legal advices as for all family matters, including what concerns collection of alimony payments, divorce, division of the spouse property, determination of the child’s place of residence, and, if necessary, will protect your interests in the court.