What can a mother do if the child's father does not want to pay for the child's maintenance? How to get alimony and how much will it be?

According to the family and guardianship code, "parents are obliged to provide maintenance tochildwho is unable to support themselves".The maintenance obligationobliges the child to provide the child with means of subsistence (housing, food, clothes, medical care) and means of education (care, nursing, education, developing talents). This obligation exists until the child becomes financially independent (up to the age of 26).

How do I file a child support claim?

If the father evades the cost of maintaining the child or pays too little, the child's mother should apply formaintenance . The statement of claim should be accompanied by an application for securing maintenance for the duration of the trial. Such security (issued by the court after the asserted claim is substantiated) obliges the father to pay the amount determined by the court to the child's mother for the duration of the proceedings by the 10th day of each month. The application for maintenance should be accompanied by:

  • abbreviated copy of the child's birth certificate (complete in the case of a judicial determination of paternity)
  • abridged copy of the marriage certificate or a copy of the paternity verdict
  • income certificate
  • documents confirming child expenses
  • to indicate the witnesses about the cost of living and the child's needs as well as about the material situation of the defendant, if, for example, he has a source of income that he has not disclosed.
Important

  • The court awards maintenance from the date of filing the claim, and for the earlier period - only if the child's needs were not met or when the mother took out a loan to cover these needs, for example, and it will be proven in court.
  • Children who are married and born out of wedlock have the same rights.
  • Children have the right to be maintained at the same level as their parents' lives.

    • Financial support for a single mother

    How to calculate the amount of maintenance

    The amount of maintenance is determined by the "justified needs of the child" as well as the income and earnings of the parents. When submitting a claim, please indicate the amount of maintenance claimed. How to do it? Need to calculatemonthly cost of maintaining a child, including the so-called annual costs, i.e. prices of seasonal clothes, holidays, other than monthly fees. The annual costs must be summed up and divided by 12, plus the constant average monthly cost of maintaining a child. You can claim more than half of the amount received from the father, because the mother provides non-material support (help with homework, washing, ironing, cooking, etc.). The mother must prove the expenses incurred for the child in court, therefore she should present the bills, invoices and other documents confirming them. If, for example, the child is chronically ill, then a certificate from a doctor and invoices confirming expenses for treatment; if the child is attending extra-curricular activities, the certificates and receipts will confirm this. If she cannot prove the expenses with bills, she should apply for the hearing of witnesses on this occasion. When assessing the defendant's financial situation, the court takes into account his income, property and liabilities (e.g. the obligation to provide maintenance to other children, loans). The basis for this assessment are earnings statements, annual income statements (PIT) and testimonies of witnesses. The father's financial capacity is not only the income and earnings, but also potential ones - the ones that should be achieved by making efforts, using qualifications and proper management of property.

    Valuable information about the recovery of child support payments

    The application for maintenance is submitted to the Family and Juvenile Court in the place of residence of the child or father. The party filing the statement of claim does not bear the court costs, and if it appoints a representative, it may apply for reimbursement of costs from the defendant in the statement of claim. In the event of an award of maintenance, the court orders the attorney's costs to be reimbursed from the defendant to the child's mother. The maintenance judgment is made immediately enforceable by the court, which means that even in the event of an appeal, the defendant must pay a fixed amount until the decision is issued by the appellate court. If, nevertheless, the obligated person does not pay, it is necessary to apply to any bailiff with a judgment with an enforcement clause and an enforceable title to initiate the enforcement of maintenance payments. The claim for payment of adjudicated child support expires after 3 years.

    You must do it

    Make sure all child bills (even for clothes or textbooks) are kept in your name, others may be disputed.

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