Collecting of child support payments
«Profit Consul» law firm also specializes in Family Law. We provide legal support in divorce cases and collecting of child support payments.
Our firm offers the following legal services in the field of Family law:
1. Preparing of the statement of claim on collecting of child support- 500.00 UAH;
2. Submitting of the statement of claim to court - 500.00 UAH;
3. Representation in court - 500.00 UAH. (One court session);
4. Preparing of affidavit of child support - 800.00 UAH;
5. Legal support in Execution agency - 1000.00 UAH.
List of document necessary for making statement of claim in court:
- Copy of marriage certificate;
- Copy of divorce certificate (if applicable);
- Copy of birth certificate of a child;
- Copy of place of residence inquiry (form №3);
- Documents proving child support payment evasion;
- Documents proving attempts to collect child support payments.
Current Ukrainian legislation provides minimum amount of child support payment in Ukraine which cannot be less than 30 % of a living minimum for the child of corresponding age, however maximum amount of child support that can be collected is not established.
In order to make a statement of claim in court on collecting child support payments we recommend that you use help of one of our law professional to assist you in gathering all necessary documents and preparing statement of claim in accordance with the legislation and current practice, instead of doing it on your own.
Please keep in mind that the amount of child support one attempting to collect shouldn't exceed 50 % of the respondent's total income, so plaintiff has to be reasonable specifying amount of claim otherwise the court is not likely to satisfy such a claim in full. Also, amount of child support is subject to adjustment according to the law.
In cases, when the amount of collected child support payment below the established 30 % of a living minimum for a child of corresponding age, or in cases when the other party evades payment in the way that the child support payments cannot be collected, the state of Ukraine provides temporary support which can not be less than established 30 % of child's living minimum.
You can find out more about living minimum for children in 2011 in the article «Child support and government grants on child's birth in 2011».
Court can rule in favor of plaintiff on collecting payment of child support beginning the date when statement of claim was submitted to the court. However, it is possible to collect back child support payments. To do so plaintiff has to prove to court that attempts to collect back payments were made but due to the fact that respondent evaded payments those attempt were unsuccessful. The acceptable proof in this case can be, for example, making inquiries to different organizations like Employment fund to find out about place of work of the other parent and amount of earned wages, or to present to court the documents proving that plaintiff is receiving temporary child support from the State, letters to the respondent demanding payment of child support etc.
After considering evidence court can grant collecting back payments of child support for preceding period of time but no more than for 3 years due to the limitation period for such cases in accordance with Article 257 of the Civil Code of Ukraine.
Also, it's important to note that according to Article 194 of the Family Code of Ukraine, if the whereabouts of the payer of child support cannot be established or the person is abroad it is still possible to collect child support payments in full. Overdue payments of child support can be collected under a court order. Overdue payments can be collected even if a child is over 18 years of age and up to age of 23 if child is a student or in medical care institution and etc.
Also note that collected under court order child support payments can be deposited directly to the child's bank account opened in Oschadbank of Ukraine.