Divorce involving a couple with children always entails resolving issues relating to maintenance. This is particularly important in contentious cases. Furthermore, maintenance may be claimed from adult, working children to support their parents. In any case, the assistance of a solicitor specialising in maintenance matters is essential. They are the ones who can:
- resolve conflicts;
- gather documents;
- challenge unlawful actions.
Alimony lawyer: prompt assistance
Child maintenance is awarded either voluntarily or by court order. In the latter case, the assistance of a solicitor is required. A solicitor is consulted in the following situations:
- concealment of one spouse’s actual income;
- one parent moving abroad;
- existing arrears in maintenance payments.
Every case can be resolved. The main thing is to seek help from a qualified lawyer in good time. Disputes are resolved through the courts in cases where it is impossible to reach a compromise.
How is child maintenance enforced?
Issues regarding the enforcement of child maintenance are addressed following consultation with a solicitor. However, in any case, the process may be:
- Voluntary. A special agreement on the upbringing and maintenance of the children is drawn up. It is signed before a notary and is binding.
- Through the courts. A claim is filed with the court along with a full set of documents. Following court hearings, the claimant receives a judgment or a court order.
When should you consult a lawyer?
A lawyer’s assistance can be useful in situations that cannot be resolved independently. This is important to avoid mistakes. In this case, the main objective is to create a comfortable environment for the child. It is the child who is the vulnerable party during a divorce.
Consulting a lawyer will help in the following situations:
- the existence of a conflict;
- the need for legal formalisation of parental arrangements;
- enforcement of maintenance payments through the courts;
- changing the amount of child maintenance already determined;
- compiling the necessary documentation for court.
Assistance from a family lawyer in Kyiv from Svarog
When choosing a solicitor to enforce maintenance payments, you should check their qualifications. Svarog’s solicitors have extensive experience in maintenance cases. We also offer:
- a personalised approach;
- swift resolution of the matter;
- preparation of a set of documents;
- full support during court hearings.
Choose a consultation on maintenance from our specialists. We will immediately outline the path to resolving your situation.
Important questions and answers
How do I apply for maintenance?
The process for submitting documents for maintenance payments is as follows:
- compiling the necessary set of documents;
- drafting the statement of claim;
- submitting the documents to the court.
The outcome of the court proceedings is a writ of execution or a court order for the recovery of maintenance.
How much child maintenance can be claimed?
The amount of child maintenance is determined by the child’s minimum subsistence level and the payer’s official income. Child maintenance, whether agreed or ordered by the court, is calculated as one-fourth of the payer’s income per child. If there are two children, one-third of the income is claimed. For three or more children, half of the income is paid.
Can child maintenance be increased or reduced?
Yes, the amount of child maintenance can be changed. This may be due to various circumstances:
- a change in financial circumstances;
- health problems;
- loss of employment;
- the need to pay for the child’s education.
What should you do if a father or mother does not pay child maintenance?
There are several options for recovering child maintenance debts from a non-payer:
- restrictions through seizure of property or automatic deduction;
- imposition of fines;
- a ban on travelling abroad.
All of this can be done through the enforcement service. The court decision must be submitted to them to initiate proceedings.
What documents are required to recover child maintenance?
The following set of documents must be prepared:
- statement of claim;
- passport;
- tax identification number;
- child’s birth certificate;
- certificate of the child’s registration;
- divorce certificate.
How much does a child maintenance lawyer cost?
The cost of a lawyer’s services depends on the complexity of the case and the following factors:
- the need to gather evidence;
- participation in court hearings;
- support during enforcement proceedings.