Money for the child - how to arrange alimony without divorce.

One of the parents evades their duty to financially support the child. In such cases, the other spouse has the right to initiate the collection of alimony, even without dissolving the marriage.

Attorney Galina Nikolaeva talked about alimony collection during marriage.

Can one apply for alimony while married

The Family Code of Ukraine clearly states that parents are obligated to support their children until they reach adulthood, regardless of whether or not the parents are married.

If one parent does not voluntarily fulfill their duty to support the child, the other has the right to go to court with a claim for alimony. This right does not depend on the marital status, the attorney emphasizes.

Under what circumstances can one apply for alimony without divorce

There are several lawful and justified reasons for collecting alimony during marriage. In particular:

• Evading one of the spouses from supporting the children. If one parent refuses to participate in financially providing for the child's needs, this is already grounds for going to court.
• Unequal distribution of expenses for the child. When one parent bears the main burden of financial expenses for the child, and the other evades this duty, this can also be a reason for collecting alimony.
• Spouses living separately. If parents are officially married but live separately and one of the parents does not participate in raising and supporting the child, this is grounds for going to court.
• Insufficient financial support for the child's needs. If available funds are insufficient for the normal development and life of the child, and the other parent has the ability but does not want to increase their contribution, this can also be a reason for collecting alimony.

How to collect alimony without divorce

Alimony can be collected from the father or mother if they refuse to participate in the child's support through peaceful negotiations by entering into the relevant contract with a notary or through court.

The claim is filed in the court at the place of residence of the plaintiff or the defendant. The following documents must be attached to the claim:

• marriage certificate (copy);
• child's birth certificate (copy);
• applicant's passport and identification code (copy);
• certificate of family composition;
• applicant's income certificate (if available);
• defendant's income certificate (if available);
• documents confirming expenses for the child's maintenance (receipts, invoices, etc.);
• certificate from the child's place of study (if the child attends school or kindergarten);
• medical documents (if the child has special needs or chronic diseases).

After reviewing the case, the court issues a decision to collect alimony and, if it is positive, issues an enforcement order. With this order, one can appeal to the state enforcement service or a private executor to open enforcement proceedings. They will take care of collecting alimony from the income of the payer or their property if necessary.

The Ukrainian family law clearly defines the rules for collecting alimony in marriage, even if one of the parents evades supporting the child. If you find yourself in such a situation, you have the right to go to court to protect your rights and the rights of your child without the need to dissolve the marriage. Follow the established legal procedures and documents for successful alimony collection.