Assistance to a minor in realizing the right to his or her maintenance

Artem* contacted the lawyer of the NGO “MART” and asked for help in collecting alimony for his maintenance from his father.

The man lives separately, in another area, has not helped the boy in any way for many years and avoids any communication with him.

Artem’s father was previously deprived of parental rights over his son by the court, but this did not exempt him from the obligation to provide the child with everything he needs.

In March 2023, Artem’s mother died of a serious illness. Since then, the boy has been living with his grandmother, who independently takes care of his well-being and provides for him as much as possible. The events of the war did not prompt the father to support his son or worry about his safety and well-being.

Oleksandr Zhylinsky, a lawyer of the NGO “MART”, studied the norms of family law to find out the possibility of filing a lawsuit with the court directly on behalf of a minor to collect alimony.

In October 2024, a lawyer prepared an application to the court in accordance with Part 4 of Article 152 of the Family Code of Ukraine, which allows a child who has reached the age of 14 to independently apply to the court to protect his rights and interests.

In November 2024, the court considered Artem's application and ordered the father to pay alimony for his son in the amount of a quarter of all his income until the boy reaches the age of majority.

In December 2024, the State Enforcement Service found the father's whereabouts and collected alimony from him for one month. Payments will now be made monthly. These funds will allow Artem to meet his daily needs, as well as take care of his education, development and security, which is especially important during a war.

Free legal assistance was provided by the NGO "MART" in cooperation with the Danish Refugee Council (DRC) thanks to funding from the European Union.

*Name has been changed.