PAYMENT OF ALIMENTS TO THE CHILD
The law of Ukraine prescribes to the parent of the child (most often a father, but maybe a mother) who is not a guardian, to pay each month a certain amount for its maintenance in the amount of at least 30% of the current subsistence minimum established for the minor. It does not matter whether the parents are divorced, married, but do not live together or have previously lived in a civil marriage.
It is common knowledge that court deals with alimony issues, but this is just one of the options that everyone has on hearing. In this article we will tell you what forms of payment are paid for the child.
Paying alimony voluntarily under contract
Drawing up a contract for the voluntary payment of alimony is the most convenient way for both parties. To do this, the parents stipulate among themselves the amount of monthly payments, after which they fix the reached agreement with the help of the concluded contract. It is subject to mandatory certification by a notary.
Advantages of the voluntary agreement on maintenance:
- You do not waste time, nerves and money on court hearings and pay for the work of a lawyer.
- The agreement stipulates all the points for which additional funds can be requested, for example in the case of a serious illness of the child.
- If the payer breaks the contract, it is enough to apply to the notary and he will give the decision to collect the debt to the executive service. The court in this case is not needed.
Parents of the child can themselves without outside help reach an oral agreement and comply with it. To do this, the payer applies to the accounting department at the place of work and writes a statement indicating which account they will transfer part of his salary. If desired, the money can be transferred or transferred on its own, but in the case of litigation the fact of payment will be more difficult to confirm.
Formalization of the contract is optional, but recommended by specialists in family law. If the verbal agreement is violated by one of the parties, then the proceedings take place only in court, and there is a problem with the confirmation of the existence of the agreement and its terms. This development of events is unprofitable neither to the plaintiff, nor to the defendant.
Compensation or payment of alimony for the whole term
Pay child support monthly until the child has reached 18 years of age or 23 years old, if enrolled in full-time form of study at the institute (payments are terminated if training is interrupted ahead of schedule) is optional. There is a mechanism for paying the entire amount at once or compensating them for the transfer of property rights, most often we are talking about real estate. This scheme can be applied both by mutual consent, and in special cases, for example, the payer goes abroad for permanent residence.
If you consider the option of compensation, the parent is not a guardian, passes on the rights of common property to the child and guardian an immovable property, such as an apartment or a house. The cost of the transferred object will be taken into account as alimony. In order to make such a transaction, you must obtain permission from the guardianship authorities.
In the second case, the payer simply collects and transfers to the guardian’s account at once the entire amount, for all the time of future payments of alimony. Such transactions are conducted on the basis of a court decision or by voluntary agreement, certified by a notary without fail.
If the alimony was repaid at the expense of the property or the payment of the entire amount at once, then the parent is not a guardian is not deprived of financial responsibility for his child. The law stipulates that he can request additional money if it is necessary to take expensive treatment for the child, compensate for the material damage caused to him, and other situations stipulated by law.
Receive alimony by court order
The issue of paying alimony can also be resolved in a judicial manner. Such trials can be divided into three types:
- Determination of the amount of alimony.
- Collection of funds not paid in accordance with a court decision or a voluntary agreement.
- Establishment of the amount of alimony and collection of money that was not paid before the filing of the claim.
When considering such cases, the priority for the court is the interests of the child, the conditions of his residence, material security, special needs (chronic illness, disability, etc.), based on the totality of these conditions, the amount of monthly payments, usually in the form of a percentage of the monthly income. If the defendant does not have a stable earnings or if it can not be confirmed, a fixed amount of alimony can be established. The date of the commencement of payments shall be deemed to be the day on which the claim was filed If the trial lasted more than a month, the defendant may be obliged to pay money for this period directly in the courtroom to the court.
You can apply for recovery of unpaid child support for up to three years from the date of registration of the claim in the court secretariat. At the same time, you must provide evidence that you have taken measures to receive cash, but the payer has shied away from fulfilling these obligations.