Mom broke off the marriage online, does not apply for alimony, but demands a salary from dad every week (there is no evidence). Can dad file an application with the court to officially pay through deduction of funds (interest)?
Mom broke off the marriage online, does not apply for alimony, but demands a salary from dad every week (there is no evidence). Can dad file an application with the court to officially pay through deduction of funds (interest)?
Yes, you can. One of the ways is to appeal to the court with an application for the issuance of a court order for the collection of alimony.
Alimony can be charged in the following amounts:
on the collection of alimony in the amount for one child - one quarter, ** for two children - one third, ** for three or more children - half of the earnings (income) of the payer of alimony, but not more than ten subsistence minimums for a child of the appropriate age for each child, if this requirement is not related to establishing or disputing paternity (maternity) and the need to involve other interested parties;
on the collection of alimony in a fixed monetary amount in the amount of 50 percent of the subsistence minimum for a child of the appropriate age, if this requirement is not related to establishing or disputing paternity (maternity) and the need to involve other interested parties.
An application for the issuance of a court order can be submitted to the court of first instance both at the place of residence or stay of the debtor registered in accordance with the procedure established by law, and at the registered place of residence or stay of the applicant.
An application for the issuance of a court order shall be submitted in writing and signed by the applicant or his representative. Accordingly, Art. 163 of the Code of Criminal Procedure of Ukraine, it should state:
name of the court to which the application is submitted;
the surname, first name and patronymic of the applicant and the debtor, their place of residence, the registration number of the taxpayer's registration card (hereinafter - RNOKPP) of the applicant and the debtor, if available, or the number and series of the passport of the applicant and the debtor, as well as official e-mail addresses and other data, if known to the applicant, that identify the debtor;
name (surname, first name and patronymic) of the representative of the applicant, if the application is submitted by a representative, his place of residence or location;
the applicant's requirements and the circumstances on which they are based;
a list of evidence with which the applicant substantiates the circumstances on which his claims are based.
The court fee for submitting an application for issuing a court order for the recovery of alimony is not paid.