Publication date: 23.08.2024
What should I do if my ex-spouse does not pay alimony?
Unfortunately, the situation when an ex-spouse does not pay child support is quite common. This can create serious financial difficulties for the parent who remains with the child and negatively affect the child's quality of life. In this article, we will look at what steps you can take if you find yourself in such a situation and how to protect your child's rights.
Check whether there are legal grounds for child support
Before you take any action, it is important to make sure that you have legal grounds for collecting child support. To do this, you should use the service of legal analysis of the documents. A lawyer will help you check the availability and correctness of all the necessary documents.
Documents confirming the right to alimony:
- Court decision on the recovery of alimony
- Notarized agreement between the parents on the payment of alimony
- The child's birth certificate
- Documents confirming kinship
If all the documents are in order, but payments are not received, you can proceed to the next steps. The service of legal analysis of a situation will help you determine the most effective strategy in your particular case.
Attempting an amicable settlement
Before contacting official authorities, you should try to resolve the issue amicably. Sometimes the problem can be resolved through constructive dialog.
Steps to take to resolve the issue peacefully:
- Contact your ex-spouse and discuss the situation
- Suggest alternative payment methods (e.g., in installments)
- Remind them of the legal consequences of non-payment of alimony
- Offer mediation to resolve the conflict
If you are not sure how to conduct such negotiations, you can use the service of lawyer's consultation. A specialist will help you prepare for the conversation and avoid possible conflicts.
Appeal to the executive service
If the amicable settlement fails, the next step is to contact the executive service. To do this, you need to file an application for the enforcement of alimony.
Documents to be submitted to the executive service:
Application for opening enforcement proceedings
A writ of execution or a notarized agreement on the payment of alimony
A copy of the applicant's passport
A copy of the child's birth certificate
Bank account details for transferring alimony
In order to properly prepare all the necessary documents, it is recommended to use the verification of documents by a lawyer by a lawyer. This will help to avoid possible mistakes and speed up the process.
Question
What powers does the executive service have to collect alimony?
Answer
The Executive Service has broad powers to collect alimony. It can seize the debtor's property, debit funds from his/her bank accounts, and collect part of the salary or other income. In addition, the executive service may restrict the debtor's right to travel abroad, drive a vehicle, use weapons and hunt. In the event of malicious evasion of alimony payments, the Enforcement Service may initiate administrative or criminal proceedings against the debtor. For more detailed information on the powers of the executive service in your particular case, we recommend that you use the service of consulting a lawyer.
Appeal to the court for additional measures of influence
If the measures of the executive service are not effective enough, you can apply to the court for additional measures to influence the debtor. To do this, you need to file an application with the court.
Possible measures of influence:
- Temporary restriction on the right to travel outside Ukraine
- Temporary restriction on the right to drive vehicles
- Temporary restriction on the right to use weapons
- Temporary restriction on the right to hunt
To prepare and submit such an application, it is recommended to use the service of a legal opinion of a lawyer. A specialist will help you to properly justify the need for such measures and increase the chances of their appointment by the court.
Appeal to law enforcement agencies
In case of malicious child support evasion, you can contact law enforcement agencies to bring the debtor to justice.
Signs of malicious child support evasion:
- Systematic non-payment of alimony for a long time
- Concealment of income
- Change of residence to avoid paying alimony
- Providing false information about your property status
To prepare an application to law enforcement agencies, you should use the service of legal analysis of a situation. A lawyer will help you collect the necessary evidence and properly draw up the application.
Appeal to the Social Insurance Fund
If all the previous measures have failed, you can apply to the Social Insurance Fund for temporary child benefit. This will allow you to at least partially compensate for the lack of alimony payments.
Documents for applying to the Fund:
Application for temporary assistance
A copy of the child's birth certificate
Certificate of income of the applicant
A court decision on the recovery of alimony or a notarized agreement
Certificate from the executive service on the impossibility of collecting alimony
To properly prepare the documents and increase the chances of receiving assistance, we recommend using the legal analysis of the documents service.
International alimony recovery
If the debtor lives abroad, the process of collecting alimony becomes more complicated, but not impossible. In this case, you can use the mechanisms of international legal cooperation.
Steps for international alimony recovery:
- Apply to the Ministry of Justice of Ukraine
- Filing an application for the recognition and enforcement of a court decision abroad
- Interaction with the competent authorities of a foreign state
To effectively resolve the issue of international alimony recovery, it is recommended to use the online lawyer service or the service of a lawyer in Poland if the debtor resides in this country. Specialists in international law will help you to properly prepare all the necessary documents and conduct the recovery procedure.
Question
Is it possible to change the amount of alimony if the debtor does not pay?
Answer
Yes, if the debtor does not pay alimony, you can apply to the court to change the amount of alimony. This may be advisable if circumstances have changed since the initial alimony was ordered: the child's needs have increased, the financial situation of the alimony payer or recipient has changed. The court will consider the new circumstances and may decide to increase the amount of alimony. In addition, you can request the recovery of a penalty for late alimony payments. To prepare such an application and represent your interests in court, it is recommended to use the service of a legal opinion of a lawyer.
Psychological support and legal support
The situation of non-payment of alimony can be very stressful for the parent who remains with the child. Therefore, it is important not to forget about psychological support and constant legal support.
Recommendations for support:
- Consultation with a psychologist or support group
- Regular consultations with a lawyer
- Keeping a diary of all actions and attempts to obtain alimony
- Keeping all documents related to the case
To receive comprehensive legal support, you can use the online lawyer service. This will allow you to receive prompt advice and respond to changes in the situation.
The problem of non-payment of alimony by a former spouse is a serious issue that requires active action and a legal approach. Ignoring this problem can lead to a significant deterioration in the child's financial situation, limiting his or her opportunities in education, development and healthcare. In addition, a lack of timely response may complicate the debt collection process in the future. Therefore, it is extremely important to act decisively and use all available legal mechanisms to protect the interests of the child. Legal marketplace CONSULTANT offers a wide range of services that will help you effectively solve the problem of non-payment of child support. From the service of verification of documents by a lawyer, legal opinion of an advocate by a lawyer, written consultation to the service of a legal opinion of a lawyer, you can get qualified assistance at every stage of the alimony recovery process. Don't let your ex-partner's financial irresponsibility negatively affect your child's life - seek professional legal consultation today.
