Alimony Without Divorce – How To Get Alimony Without Divorce

Alimony Without Divorce - How To Get Alimony Without Divorce in Ukraine

Alimony without divorce in Ukraine

Scriabina Daria Sergeevna
Family lawyer in Ukraine
Hello! My name is Daria Sergeevna Skryabina. I am a family lawyer. Our law firm specializes in providing legal services for divorce and recovery of alimony. Our lawyers provide support in court proceedings throughout Ukraine.

In the article “Alimony without Divorce” we will discuss whether it is possible to collect alimony if the marriage has not yet been dissolved?

Be sure to read the article on the website advokat-family.com.ua “Alimony without divorce” to the end and learn a lot of interesting things about how to get alimony without divorce.

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Right to alimony in Ukraine

Child support is a guarantee that each parent fulfills the obligation to meet all of the child’s needs, such as shelter, food, entertainment, protection and custody.

Based on the norms of current legislation, a child’s access to these benefits does not depend on whether his parents are married.

Alimony is the property of the child, not the parents. Parents only receive and use them on behalf of the child. Therefore, the rights and obligations of the mother and father of the child are based on the child’s descent from them, and do not depend on whether an alliance is concluded between them.

That is, the stay of the parents in marriage or divorce does not affect the obligation of the parents to maintain a joint child.

Therefore, you can apply for the collection of alimony for the past period and alimony arrears even when you are officially married.

The solution to the issue of paying alimony to ensure optimal living conditions for the child is possible in two ways:

  • peacefully – by agreement of the parents;
  • compulsorily – by a court decision.

Alimony payment agreement in Ukraine

The issue of maintaining the child can be resolved peacefully by drawing up an agreement on the payment of alimony.

Moreover, the terms of this agreement, such as the amount of alimony for the child, the timing of their payment, etc. should not violate the rights of the child.

That is, one of the parents agrees with the other on the voluntary payment of alimony and such an agreement must be certified by a notary.

If the spouses do not come to an agreement on this issue, then the interested party has the right to apply to the court with an application for enforced recovery of alimony.

I have already talked about how you can quickly collect alimony in court.

Application for the recovery of alimony in Ukraine

So, filing a statement of claim in court for receiving alimony without divorce occurs on the same principle as filing an application for alimony after divorce.

In the application for the recovery of alimony, be sure to indicate that the marriage between the spouses has actually broken up and for a certain period of time the spouses no longer live together.

Also, when drawing up an application, it is important to correctly and correctly indicate information about the plaintiff and the defendant, the presence of additional factors affecting the amount of alimony payments. For example, if one of the spouses is not able to work, then this will affect the amount of alimony. Also, the amount of alimony may change due to the illness of the child or one of the parents.

Therefore, it is important to correctly and accurately draw up a statement of claim to the court for alimony, so that the case is decided in favor of the child and taking into account all his characteristics and living conditions.

In order for the child support case to be resolved in your favor, it is better to contact a child support lawyer who will help resolve all documentary issues and complete the case successfully.

The amount of child support in Ukraine

When applying for alimony, you need to take into account that a certain part of the official income of one of the spouses can be deducted by the court or alimony can be awarded in a fixed amount.

That is, the calculation of the amount of alimony can be done in two ways – alimony in a share of the earnings (income) of the spouse (payer) and alimony in a fixed amount.

Each calculation option has its own advantages and disadvantages. The option for calculating the amount of alimony is determined based on the characteristics of each individual family – whether the spouse has a permanent job, whether he receives income officially or not, whether the work has a seasonality.

There are also certain factors that affect the amount of child support payments. Such factors can be:

  • the state of health of one of the spouses;
  • the level of income of each of the married couple;
  • the presence of other children from the spouse who fulfills the alimony obligations.

Alimony from the unemployed in Ukraine

Also, many clients ask the question, is it possible to collect alimony from an unemployed spouse? Yes, child support can be collected from unemployed parents. In this case, the calculation of the amount of alimony is carried out in a fixed amount. The amount of alimony is determined by the average wage for the region – in Kiev by the average wage for Kiev, and in Zaporozhye – by the average wage for Zaporozhye.

Therefore, if the official income differs from the unofficial one, as well as with irregular income or the absence of official employment, it is better to demand the payment of alimony in a fixed amount.

This may require documents confirming that the actual earnings exceed the amount indicated in the income statement.

For example, documents indicating the acquisition of expensive things or the conclusion of some kind of profitable deals.

Remember, if one or both parents fail to fulfill the obligations stipulated by the law in relation to the child, then subsequently they lose the right to receive financial assistance from their children.

Useful site materials advokat-family.com.ua:

  1. Alimony as a share of earnings
  2. Alimony in firm cash
  3. Additional costs for the child
  4. Exemption of parents from paying alimony
  5. Alimony agreement between parents
  6. Reducing and increasing the amount of alimony
  7. Alimony for adults
  8. How to check what alimony is spent on – control over alimony
  9. Did not pay alimony – took away the driver’s license
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