A child can exercise the right to collect alimony from his own father through his legal representative, which can be a mother, guardian or a specialized organization. The right to self-appeal to the judicial authorities for a child arises only upon reaching the age of majority or obtaining full legal capacity before the onset of this age.
The problem of self-collection of alimony from his own father arises in a child only after receiving full legal capacity. The specified legal capacity automatically arises upon reaching the age of eighteen, and in some cases - earlier than this period (for example, during emancipation). However, coming of age or obtaining full legal capacity at the same time means the termination of the father's obligation to pay alimony, which is provided for by the current family law. That is why the child in this case can only count on self-collection of the debt that was formed during the period when he did not have full legal capacity.
How to recover alimony from a father before reaching the age of majority?
Until the child has reached the age of majority or has not been recognized as fully capable on other grounds, his right to collect alimony from his father can be exercised by a legal representative. Usually, the second parent (mother) of the child acts as such a representative, but in her absence, the guardian or the organization in which the child is supported (for example, an orphanage) can submit an application to the court on behalf of the child. The court accepts such an application and considers it according to general rules, after which you can apply for the enforcement of the decision. All funds received as a result of these actions should be directed by the legal representative to ensure the interests of the child, to meet his needs.
How to enforce the recovery of alimony?
To enforce the collection of alimony from the father, the legal representative or the child himself, after acquiring full legal capacity (in terms of collecting the parent's past debts), applies to the department of the bailiff service located at the place of residence of the debtor. When applying, you should write an application for the initiation of enforcement proceedings, attach to the specified application a court order or a writ of execution issued on the basis of a previously adopted court decision. After making a decision to initiate proceedings, the bailiffs take various enforcement measures provided for by the current legislation. As a result, the debtor may lose property, be subject to other restrictions, which will force him to voluntarily pay alimony and pay off the resulting debt on such payments.
