Due to some circumstances, it sometimes happens that citizens do not have the opportunity to pay alimony in the established amount. In such a situation, you have to appeal the court decision, which can take a lot of time, especially if you do not understand all the nuances of this procedure.
When an appeal is possible against a court decision on the recovery of alimony
It is possible to appeal against the decision on alimony in the event that it has not yet entered into legal force. To do this, within 30 days after the decision of the first instance, it is necessary to file a complaint with the court of appeal.
What is the maximum and minimum amount of alimony in Ukraine in 2021?
According to the provisions of family law, when determining the amount of alimony in a particular case, the following points are taken into account:
- the state of health and the level of financial security of the child;
- the state of health and the level of financial security of the parents;
- the parent has other minor children, disabled family members;
- whether the payer has property and corresponding rights, financial resources;
- other circumstances that matter.
The regulations stipulate that the amount of such payments should be sufficient to ensure the harmonious development of the minor. Thus, the minimum amount of alimony cannot be less than 50% of the subsistence minimum determined by law for children of the corresponding age.
And the recommended amount of payments corresponds to the full cost of living for a child of the corresponding age. The court establishes it on condition that the parent has a sufficient level of earnings.
How is the appeal of the amount of alimony going?
First you need to figure out why the obligation arose to pay this or that amount of alimony. There may be several options:
- court order;
- the court's decision;
- agreement between spouses.
So, when it comes to a court decision that has not yet entered into force, you should contact the appellate instance. The court order and the decision of the court, which has already entered into force, can be appealed in the course of action proceedings.
Procedure for appealing alimony
Since the appeal procedure is slightly different in different circumstances, we will consider the two most common options: when the court decision has not yet entered into legal force, and when it is necessary to change the amount of alimony, which are determined by the court decision that entered into force.