"How to file for alimony?" - this question interests many women who have remained without material support of the ex-husband after the divorce. In our society very often there is a situation when one of the parents applies for child support. According to statistics, in most cases, after the divorce the child remains with the mother, and not with the father, in such situations, the mother will have additional expenses, which she can not always afford. Regardless of the relationship in which the parents split, the child should not be in an embarrassed situation.
According to the current legislation, a woman has the right to file for child support in court if the father refuses to provide material support independently.
"I want to file for alimony - how can I do this?"
Before submitting documents to the court for alimony, a woman should always ask herself the question: "Do you need to file for alimony?". If the parents negotiate among themselves and make compromises, then the need to appeal to the court falls. And, as practice shows, in a more advantageous position is the child. In this case, the former spouses should make an agreement in writing and notarize it. The agreement specifies the monthly amount that the child's father is obligated to pay. Time and method of transfer of funds can also be stipulated in the agreement.
If the issue can not be resolved peacefully, then the woman should inquire how and where to apply for alimony in Ukraine.
The first thing that interests women in this situation is where to apply for alimony. To do this, she can contact a lawyer or make a statement independently, file in and wait for a court decision.
The court determines the amount of alimony and the procedure for their payment. The size of the amount is affected by the following factors:
- the living conditions of the child and his health;
- financial situation of the payer of alimony;
- The presence of the payer of other children, to whom he pays alimony and incompetent relatives.
Depending on these factors, the court can determine the amount of alimony in the form of part of the salary, or in a solid single amount. As a rule, the share of wages is assigned in the event that the father has a constant and stable income. A certain amount is assigned if the payer has an irregular income.
If a woman after divorce has two or more children left, the amount of alimony is determined for a period of time - until the child reaches the age of eighteen. After that, the amount is recounted.
A woman has the right to file for alimony without divorce, that is, in fact, being married to the father of the spouse. Our laws do not provide for any restrictions on obtaining alimony for women who are married. If the father does not provide material support, the mother has the right to file for alimony for the son or daughter and for themselves during pregnancy and until the child reaches the age of three.
The court obliges the defendant to pay alimony for the child from the moment the decision is made. The mother can count on the recovery of alimony for the previous period, but not more than three years. To do this, she will need to prove in court that the father of the child refused to pay, and she took all the necessary measures to receive funds for the child.
All rights to receive maintenance are only those women who were in a registered marriage with the father of the child. If the parents were in a civil marriage, the court decision will not be in favor of the plaintiff.
In this difficult situation, when one of the parents strives to obtain financial support from the former spouse, do not forget about the interests of the child. The child, in addition to money, needs parental love and care. Only then will he be able to develop fully and grow up healthy and happy.