Alimony is simply a key financial issue that parents face, both in the case of divorces and in situations where 1 of them does not financially support his child. The process of establishing alimony may seem complicated, so it is crucial to realize how to calculate their amount, what evidence to gather and what judicial procedures are involved.
Who can apply for alimony?
It is not the parent who formally applies for alimony, but the kid on whose behalf the legal typical acts, usually the parent. Importantly, kid support proceedings may be brought before the competent court on grounds of the place of residence of the kid or the suspect parent. Alimony cases are exempt from court fees, which is simply a crucial facilitation for people in financial difficulties.
What's the amount in the lawsuit?
Giving the right amount in the alimony claim is 1 of the most crucial tasks. It is frequently a mistake to be limited to the cost of food and clothing. In the meantime, all maintenance and rearing expenses should be taken into account in order to effectively argue the application.
The best strategy is to supply a detailed set of monthly costs, including:
- the cost of housing,
- food,
- clothing,
- education (including textbooks, school supplies, extracurricular activities),
- medical care,
- entertainment (e.g. cinema departures, tours),
- fees for kindergarten, nursery or babysitter.
Annual expenditure, specified as:
- clothes,
- school trips,
- holiday (camps, colonies),
- gifts for both the kid and his colleagues,
- medicines and medical appointments.
After summing up all monthly and yearly expenditure, half of this amount should be applied as alimony. specified methodology is based on the rule that both parents have an work to participate equally in the cost of surviving the child, in proportion to their financial capacity.
How to prove the expenses incurred?
Evidence is simply a key component in alimony cases. The amount of alimony claimed must be supported by appropriate documentation so that the court considers it to be justified. The best evidence is the individual invoices for all purchases related to the child. It is worth collecting specified papers for at least a month.
Important! The receipts without the buyer recognition data can be contested by the another party, so specified evidence should be avoided. Instead, you should focus on invoices, kindergarten or school bills, as well as evidence of transfers to extracurricular activities.
In the case of hiring a sitter “black”, it is worth looking for a written message explaining the scope of her duties, working hours and the level of pay. specified a paper can importantly strengthen our argument before the court.
Application for maintenance
Maintenance can last for months, and the kid needs livelihoods right now. It is so worth considering submitting a claim for safety of maintenance. This is simply a form of temporary financial protection for the duration of the legal proceedings.
This application may be lodged with both the alimony claim and the proceedings. The court shall examine specified requests without delay, at the latest 1 week after their receipt. Importantly, the decision of the court in this case has an ex officio declaration of enforceability. This means that if the defendant's parent does not pay alimony, the execution procedure can be started immediately, e.g. by a bailiff.
Important! There is simply a complaint against the order to safe maintenance, but until it is considered, the work to pay maintenance remains in force. It is an crucial safeguard for the interests of a kid who cannot be deprived of the means of surviving during the court's examination of the case.
Summary
Calculation of alimony is simply a process that requires a reliable approach to paper all kid expenses. It is crucial to include all aspects of the child's life in the suit – from basic surviving costs to the costs associated with its education, amusement and health. Collection of invoices, accounts and another forms of expenditure documentation is essential to effectively prove to the court the amount of alimony claimed. The submission of a claim for maintenance may, on the another hand, supply temporary financial support for the duration of the legal process. It is besides worth remembering that according to the developed line of case law, the parent who has continued to care for the kid pays about 30% of the cost of surviving the kid and the remaining 70% of the costs are covered by the second parent.
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