Often, when a spouse divorces, not only property issues arise, but also problems related to the future maintenance of minor children. Sometimes one of the parents (mother or father) voluntarily does not fulfill his obligations to the children in terms of paying alimony. And then there is a need for their compulsory collection. Below is an instruction on how to do it correctly.
Necessary
Statement of claim, marriage certificate, court decision on divorce, child's birth certificate, passport, court decision on the recovery of alimony, writ of execution, bank account
Instructions
Step 1
Determine the amount of support you want to collect. They are paid both in a fixed amount and as a percentage of the salary and other, equivalent to it, income of the second parent. In accordance with the Family Code of Ukraine, the minimum amount of alimony cannot be less than 30% of the subsistence minimum established by law for children of a certain age. However, in the end, the amount of alimony payable will still be set by the court by its decision.
Step 2
Prepare a statement of claim for the recovery of alimony in 3 copies. In it, describe the circumstances confirming the evasion of the debtor from the payment of alimony. In the petitioning part of the claim, indicate the monthly amount of alimony that you want to collect in favor of the child. Attach to the statement of claim a copy of your passport, marriage certificate, court decision on divorce, child's birth certificate. For filing a claim for the recovery of alimony, the court fee is not paid.
Step 3
Submit 2 copies of the statement of claim with attachments to the court at your place of residence. On the third copy, mark the acceptance of the claim in the court registry. Participate in court hearings. If you cannot attend the court in person, appoint your representative by issuing a notarized power of attorney. A lawyer can represent interests on the basis of a legal assistance agreement.
Step 4
If the court ruling is positive, wait for it to come into force. This will happen after the expiration of the time limit for the appeal of the court decision, or after the end of the appeal proceedings. After that, get a writ of execution in court.
Step 5
Contact the department of the state executive service of Ukraine at the place of residence of the debtor with a statement on the compulsory execution of a court decision on the recovery of alimony. In it, indicate the bank account to which you want to transfer the collected amounts. Attach the original writ of execution to the application. It will be sent to the place where the debtor receives income for periodic withholding of the amounts determined by the court. During the execution of the court decision, maintain constant contact with the state executor and in case of problems, try to provide him with all possible assistance.
