Child support after divorce

Child support after divorce in Ukraine

Child support after divorce in Ukraine

Child support after divorce in Ukraine

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

In the article “Alimony after divorce” I will tell you how to file a statement of claim for alimony and for divorce simultaneously, how to draw up an application for divorce and alimony, how to file for divorce and recovery of alimony, what should you do if your husband filed for divorce in the court, applying for alimony.

Be sure to read the article “Alimony after a divorce” on the website advokat-family.com.ua to the end and learn a lot of interesting things about alimony after a divorce.

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How to file a statement of claim for alimony and divorce in Ukraine simultaneously?

How to file a statement of claim for alimony and divorce in Ukraine simultaneously?

In one statement of claim to the court, several claims may be combined, related to each other by the basis of occurrence or by the presented evidence, basic and derivative claims. Thus, it is possible to file a statement of claim for alimony and for divorce at the same time.

A derivative claim in a statement to the court is a claim, the satisfaction of which depends on the satisfaction of another claim (basic claim).

The court, taking into account the provisions of part one of Art. 188 of the Code of Civil Procedure, at the request of a participant of the case or on his own initiative, may combine several cases on claims into one proceeding:

  • one and the same plaintiff to the same defendant;
  • one and the same plaintiff to different defendants;
  • different plaintiffs to the same defendant.

Accordingly, we can conclude that it is possible to file a statement of claim for divorce and alimony through the court by combining the claims into one statement.

Divorce statement and alimony in Ukraine

Divorce statement and alimony in Ukraine

The combination of claims on the ground of their occurrence means that these claims arise from the same grounds of the claim (legal facts). Accordingly, alimony arises from divorce.

This fact, in its turn, indicates that these requirements follow from the same legal relationship. For example, you can combine claims for divorce and alimony into one proceeding.

To file for divorce and to recover alimony in Ukraine

To file for divorce and to recover alimony in Ukraine

Article 180 of the Family Code establishes that one of the fundamental rights of the child is the right to maintenance until reaching the age of majority.

This child’s right is matched by the obligation of parents to provide such maintenance.

Maintenance as a legal category includes:

  •  cash for maintenance (alimony);
  • natural form of maintenance (provision of food, clothing, housing, etc.).

Obligations arising between a mother, a father and a child to provide maintenance are called alimony.

Alimony legal relationship (alimony) between a mother, a father and a child is an obligatory legal relationship of a long-term and personal nature, according to which the mother, the father of the child undertake obligation to provide maintenance to the child until he reaches the age of majority in the amount and terms determined by law or contract.

Thus, the parent, with whom the minor child lives, and is dependent on him, has an opportunity to file an application for the recovery of alimony from the other parent in the court, it is no matter – before or after the divorce.

We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with such topics: divorce, alimony, division of property of spouses, deprivation of parental rights, divorce from a pregnant woman, divorce in another city, divorce with a Crimean residence permit, divorce for migrants, divorce abroad, divorce online, divorce by mutual consent, turnkey divorce.

Husband filed for divorce in the court, documents to file for alimony in Ukraine?

Husband filed for divorce in the court, documents to file for alimony in Ukraine?

Husband filed for divorce in court, how to file for alimony? In this case, it is necessary to refer to the norms of the Civil Procedure Code, which indicates that another basis for combining claims into one proceeding, not specified in Article 188 of the Civil Procedure Code, is the filing of a counterclaim.

According to Part 3 of Article 193 of the Civil Procedure Code, requirements for a counterclaim for alimony: in a claim for divorce, by a court order, they are combined into one proceeding with the original claim.

Thus, the issue of considering the divorce statement and alimony will be considered in one proceeding in  the court

In part 1 of Article 188 of the Family Code, it is noted that the ways parents fulfill their obligations to support a child are determined by agreement between them after a divorce.

Parents can provide alimony voluntarily, in particular, to provide a child support in cash and (or) in natural form, can submit a statement at the place of work, place of payment of pension, scholarships for the deduction of child support after divorce.

. In addition, parents can conclude between themselves an alimony agreement after a divorce and submit it to the court.

In case of failure to fulfill this obligation on a voluntary basis, alimony may be collected for the maintenance of the child in a compulsory manner.

Child support after divorce in Ukraine

Child support after divorce in Ukraine

Parents can agree, after a divorce, that the parent who lives separately from the child should provide alimony to the child in natural form by purchasing food, clothing, shoes, sports equipment, school supplies, and so on.

It is important that the alimony for a child after a divorce in natural form can provide him a standard of living that is sufficient for his physical, intellectual, moral, cultural, spiritual and social development.

In court, alimony for a child after a divorce is charged from the mother or the father, who voluntarily fails to fulfill their constitutional duty to support the child until he reaches the age of majority, or if the recipient of the alimony does not agree with the amount of alimony, which the mother or the father pay voluntarily, for example, upon statement for deduction of child support from the salary of the alimony payer.

Family Code of Ukraine in Part 3 of Art. 181 provides for two ways to determine the amount of alimony for the maintenance of a child by a court decision after a divorce: in a share of the income of his mother, father, or in a fixed amount of money at the choice of the parent or other legal representatives of the child with whom the child lives.

Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.

If you have a need for advice or paid services of a lawyer, then contact the messengers listed in the contacts section.

If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.

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Useful site materials advokat-family.com.ua:

  1. Divorce with a foreigner
  2. Divorce with a minor children
  3. Turnkey divorce
  4. Divorce by mutual consent
  5. Online divorce
  6. Divorce abroad
  7. Divorce in another city
  8. Divorce with a pregnant wife
  9. Divorce without the consent
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