According to Art. 70 of the Family Code of Ukraine, in case of division of property, which is the object of the right of joint joint property of the spouses, the property shares of the wife and husband are equal, unless otherwise determined by agreement between them or the marriage contract.
When resolving a dispute about the division of property, the court may depart from the principle of equal shares of the spouses in circumstances of significant importance, in particular if one of them did not take care of the material support of the family, avoided participating in the maintenance of the child (children), hid, destroyed or damaged joint property, spent it to the detriment of family interests.
Alimony is collected in the general manner. If the debtor has no income and does not work, and the executor does not have information about the payment of alimony, he will calculate the arrears based on the average salary of an employee for the given area.
So. Both in peacetime and under martial law, there are two ways to go to court to collect child support.
Option one: in order of mandatory proceedings. This method involves applying for a court order and is the fastest and simplest option. Since in this category the court considers the application for the issuance of a court order within five days from the date of its receipt (receipt).
Option two: in the procedure of legal proceedings. Provides for filing a lawsuit. The second method is better to choose if the child needs a larger maintenance amount. Based on the results of consideration of the claim, the court can determine the amount of alimony as a share of the payer's income or as a fixed amount in accordance with part 3 of article 181 of the Family Code of Ukraine. In this case, the law does not provide for a limit on the maximum amount of alimony. When considering the case and determining the amount of alimony, the court will take into account both the child's maintenance needs and the health and financial situation of the alimony payer. A claim for the recovery of alimony is filed at the plaintiff's choice — either at his own place of residence or at the defendant's place of residence.