How to apply for child support?

Posted on

Court-ordered child support First Legal

The general steps for applying for child support in Ukraine involve standard procedures that may vary depending on whether the applicant intends to claim a fixed monetary amount independent of the payer’s income or a specific percentage of the payer’s income. The required documents for preparing a claim also depend on the chosen method of seeking child support.

If one parent, responsible for supporting a minor child, intends to receive child support from the other spouse, this process can be resolved either voluntarily through mutual agreement or through legal proceedings without the consent of the other party.

If there is agreement between both parents regarding child support, including the amount, payment schedule, or additional expenses related to the child’s well-being, they can directly approach a notary to sign and notarize such an agreement. However, the legal provision allowing for the termination of the right to child support remains unchanged, subject to approval by the guardianship and trusteeship authority, especially if the supporting spouse does not reside with the child but has transferred ownership rights to certain real estate to the child.

In the case of the most common method, resorting to legal proceedings for child support, there are two ways: simplified (orderly) and general (lawsuit) proceedings.

If you intend to apply for child support:

  • In the following income scale (earnings) of the child support payer: 1/4 for one child, 1/3 for two children, 1/2 for three or more children, but not exceeding ten times the subsistence minimum per child of the corresponding age for each child. If this requirement is unrelated to establishing or contesting paternity (maternity) and does not involve the need to involve other interested parties, or
  • In a fixed monetary amount equal to 50 percent of the subsistence minimum for a child of the corresponding age (this amount changes annually and is established by the Supreme Rada of Ukraine in accordance with the Law of Ukraine on the State Budget of Ukraine for the respective year).

You can seek assistance from a lawyer or attorney to prepare a request for a court order (simplified child support recovery process), which significantly expedites the case review process, and child support is awarded from the date of filing such a request for a court order.

If you intend to make claims for child support in amounts different from those specified above, you should engage a lawyer or attorney to prepare the appropriate lawsuit, as well as help gather all the necessary evidence justifying the amount of the claimed demands. In this case, child support is awarded by court decision from the date of filing the lawsuit.

How to apply for child support during wartime?

The procedure for preparing documents to claim child support during a state of war remains unchanged, meaning the process described above is still applicable and relevant at the present time.

During wartime in Ukraine, due to many families (parents of children) being forced to leave the country, the issue of remote child support recovery becomes more critical. This matter can be addressed by seeking the assistance of a lawyer, who, by entering into an appropriate legal assistance agreement with you, can represent your interests remotely without the need for your presence in court, manual signing of documents, etc.

Is it possible to apply for child support online?

Considering the ongoing reforms in the judicial system and the digitization of court work, lawyers can submit an application for child support online on behalf of their clients through the subsystem/module of E-SITS “Electronic Court.”

It is important to note that any individual can independently submit an application for child support or any other application to the court through the subsystem/module of E-SITS “Electronic Court.” To do this, the person needs to register in the system. Registering in the electronic cabinet “Electronic Court” for an individual is relatively straightforward and requires the possession of a key with a qualified electronic signature (KES), which can be issued by one of the accredited centers of Qualified Providers of Electronic Trust Services.

How much does it cost to apply for child support in Ukraine?

For the court to consider an application for child support, there is no need to pay a court fee, as plaintiffs in this category of cases are exempt from paying court fees. However, the services of a lawyer who prepares an application for a court order or a lawsuit need to be paid according to the terms of the legal assistance agreement, unless it involves pro bono legal assistance.

If you have questions related to child support recovery, you can contact the lawyers of the legal company “First Legal” for legal consultation. Our specialists will be happy to help you resolve the issues that concern you!

More News: