Alimony lawyer in Lviv
Alimony lawyer in Lviv
Alimony lawyer is a lawyer who specializes in the recovery of alimony, who provides representation of the interests of principals in the courts of all instances in the recovery of alimony for minors, in cases of alimony for adult children (alimony after 18 years), as well as representation carried out in cases of recovery of alimony for the maintenance of the wife. In addition to these types of alimony, an alimony lawyer in Lviv may represent interests in cases of recovery of alimony for the maintenance of parents by their adult children or defend the legitimate interests of principals in the recovery of alimony deprived of parental rights.
Ways to recover child support
The current legislation of Ukraine provides for two ways to determine the amount of child support:
a) recovery of child support through the courts
b) by voluntary, written notarized consent of the parties.
In most cases, child support is paid before the child reaches the age of majority, but there are exceptions, such as an adult child continuing education.
Based on the long-term practice of an alimony lawyer in Lviv, it is possible to determine exactly which way to collect child support or child support will be cheaper. And so, as mentioned above, alimony can be established in two ways: by obtaining a court decision and by concluding a notarized contract. In which of these cases, the recovery of child support will cost the parties less. Consider both options and the corresponding cost.
Method 1 (notarized alimony agreement). When concluding a notarized alimony agreement in such an agreement it is necessary to prescribe the amount of child support per month and multiply this amount by the number of months remaining before the child reaches the age of majority. For example, a child is 4 years old and the amount of child support per month under the contract is 1000 hryvnias. Thus, 168 months remain until the child reaches the age of majority (18 years). Accordingly, we multiply 168 months by 1000 hryvnias and receive the total amount of child support until the child reaches 18 years of age. The amount corresponds to UAH 168,000. This amount will be the amount of the contract. Based on the amount of the contract, the cost of notarization, taking into account the cost of notary services and payment of state duty may be from about 2 to 5 percent (depending on the region) of the contract amount.
Method 2 (recovery of child support through the court). Carrying out court proceedings to collect child support in Lviv does not mean unfriendly attitude of the parties to the dispute. Just such a procedure may be cheaper than determining the amount of alimony in a notarized manner. Thus, depending on the amount of alimony established by the agreed parties, the amount of the alimony lawyer's fee may be determined, which in most cases is less than the value of the notarized contract.
How is alimony collected in court?
The amount of child support is set by the court individually. Sometimes the amount of alimony can be changed. To change the amount of alimony, you must file a lawsuit to reduce or increase child support. Such a claim may be filed by both the party of the payer and the party of the recipient of alimony for a minor child.
The basis of the claim may be a change in the financial condition of the payer and other circumstances of the parties to the dispute.
According to the court decision, child support can be set for the present and future time, which means that the period of payment of alimony will be calculated from the moment of filing a lawsuit, and not from the moment the court decision comes into force. The court may also collect alimony for the past time, but only if the statute of limitations has not expired (three years).
The alimony payer may be obliged by the court to participate in the additional costs of the child, but this issue must be resolved in a separate proceeding (in a separate trial).
The calculation of alimony payments through the court, in turn, is carried out in two ways: a) in a fixed amount, b) in the share of earnings or other income, as well as in the share and a fixed amount. Recovery of alimony is carried out in accordance with the provisions of the Family Code of Ukraine.