Child Support and Alimony

Child support and alimony are regular payments for the maintenance of a child or another family member. They may be paid voluntarily, under a notarized agreement, by court order or by a court judgment. For the client, such a case is not only a legal issue but also a practical one: it is important to obtain a decision quickly, determine the proper amount, prove the real needs of the child and ensure actual enforcement.

VINCO’S attorneys support cases involving child support recovery, increase or reduction of payments, change of the recovery method, recovery of arrears, penalties and additional child-related expenses. We help choose the right legal route, prepare evidence, apply to court and monitor enforcement.

Legal assistance may be needed not only when the other parent completely refuses to support the child. It is also important when payments are irregular, the amount is insufficient, the payer hides income, is officially unemployed, lives abroad or when there is a related dispute concerning the child, property or parentage.

• child support must be recovered through court for the first time;
• the other parent does not pay or pays irregularly;
• support must be determined as a share of income or as a fixed amount;
• the payer has unofficial income, business, property or expenses inconsistent with official salary;
• the amount of support must be increased or reduced;
• the recovery method must be changed from a share of income to a fixed amount or vice versa;
• there are arrears, penalties or enforcement issues;
• additional expenses for treatment, education, development or rehabilitation of the child must be recovered;
• the child is an adult but continues education or needs assistance;
• the payer or recipient is abroad.

Court recovery of child support means obtaining a court document that can be enforced. Depending on the situation, this may be a court order or a judgment in claim proceedings.

A court order is suitable for simpler cases where the claim is standard, is not connected with establishment or challenge of parentage and does not require involvement of other interested persons. Claim proceedings are appropriate when a larger amount must be proved, a fixed amount must be justified, additional expenses must be recovered, income is disputed, the amount must be changed or arrears are involved.

In family cases, it is important to define the claim correctly. Choosing the wrong procedure may lead to loss of time, return of documents or the need to apply to court again.

• recovery of child support;
• recovery as a share of the payer’s income;
• recovery in a fixed monetary amount;
• support for two, three or more children;
• support for an adult child who continues education;
• support for an incapacitated adult child;
• support for a spouse or former spouse;
• support for parents;
• increase or reduction of the amount of support;
• change of the recovery method;
• recovery of additional child-related expenses;
• recovery of arrears, penalties and enforcement support.

In simple cases, an application for a court order may be used. This is a faster procedure for standard child support claims. For example, the applicant may request support as a share of income: one quarter for one child, one third for two children, and one half for three or more children, within the statutory limits.

A claim is required when the case is not standard. This includes situations where actual child expenses, hidden income of the payer, the need for a higher fixed amount, additional expenses, change of an existing amount or combination with other family claims must be proved.

The amount depends on the child’s needs, health and financial situation of the child and the parents, the existence of other children or dependants, the payer’s property status, real income and expenses, and other relevant circumstances.

Support may be determined as a share of income or as a fixed monetary amount. A fixed amount is often appropriate when the payer has irregular income, works unofficially, receives income abroad, is self-employed or hides real financial capacity.

Additional child-related expenses may be recovered separately: treatment, rehabilitation, education, development, special care, trips or other expenses connected with the child’s specific needs.

1. Initial consultation and analysis of the client’s family situation.
2. Choosing the correct legal route: court order, claim, change of amount, additional expenses or enforcement.
3. Review of documents concerning the child, income, expenses, residence, previous decisions or arrangements.
4. Building the evidence base: child expenses, payer’s income, property status, correspondence, payments and arrears.
5. Preparation of the court order application or statement of claim.
6. Filing documents with the court and supporting case opening.
7. Court representation, preparation of explanations, motions, objections and procedural documents.
8. Obtaining a court order, judgment or writ of execution.
9. Support with enforcement proceedings, communication with a state or private enforcement officer and control over collection of funds.

• passport and taxpayer number of the client;
• child’s birth certificate;
• marriage certificate or divorce judgment, if available;
• information on the child’s place of residence;
• documents confirming child-related expenses: treatment, education, extracurricular activities, food, clothing, development and housing;
• information on the income, employment, business, property or lifestyle of the payer;
• proof of previous payments or lack of payments;
• bank details for receiving support;
• previous court judgments, enforcement documents and arrears calculation, if the case has already been considered;
• correspondence, arrangements or other evidence confirming refusal to participate in the child’s maintenance.

At first glance, a child support case may appear simple. In practice, however, mistakes in choosing the procedure, drafting claims or preparing evidence may significantly affect the result.

Common problems include applying for a court order when a claim is required, claiming an amount that is too low without analysis of the child’s real needs, lack of evidence of expenses, failure to consider hidden income, incorrect jurisdiction and lack of documents required for enforcement.

Even after a decision is obtained, the problem may remain unresolved if enforcement is not organized. It is therefore important not only to win the case, but also to ensure actual recovery of funds.

After obtaining a court order or judgment, it must be enforced. The document may be submitted to the state enforcement service or a private enforcement officer.

If support is not paid, arrears may arise. Depending on the circumstances, enforcement tools may include deductions from income, seizure of property, restrictions on the debtor, calculation of arrears, recovery of penalties and other legal mechanisms.

VINCO’S supports not only court proceedings but also enforcement, because enforcement is what gives practical value to the court decision for the client and the child.

VINCO’S attorneys provide comprehensive support in child support and alimony matters: from initial consultation and document preparation to obtaining a court decision and ensuring actual enforcement.

We help choose the optimal recovery method, calculate a justified amount, prepare evidence, file documents with the court, represent the client and support enforcement proceedings.

Our goal is not merely to obtain a formal decision, but to ensure real protection of the interests of the child or another person entitled to maintenance.