FAMILY DISPUTES

When you need a family dispute lawyer

Most disputes between spouses cannot be resolved peacefully, since the dissolution of marriage and related legal relations are associated with conflicts. Often it comes to court, where you have to defend your point of view. In this case, you can not do without the help of a lawyer for family disputes.

Disputes over the payment of alimony

The most common category of disputes between spouses is about the payment of alimony for the maintenance of a minor child. They may concern:

● Dates of calculation of alimony payments. It is considered the date of filing an application for the issuance of a court order. However, at the time of applying to the court, the debtor can de facto perform the duties of maintaining the child.

● The size of the monthly payment. If we are talking about alimony in a fixed amount of money, its size is often determined without taking into account the interests of the defendant.

A lot of disputes arise at the stage of collecting alimony. Most often they concern:

● determining the amount owed;

● enforcement measures;

● collection of performance fee.

Some of these points are not regulated by law at all. For example, the procedure for collecting the enforcement fee for alimony is determined mainly by the methodological recommendations of the FSSP, which are an internal regulatory act of the department.

Property disputes

These disputes are more complicated than alimony. When it comes to the division of property, it is extremely problematic to determine which of the spouses invested how much in the purchase of a particular thing. Because of this, courts often make illegal decisions. In such a situation, the only way to achieve justice is to seek help from a family dispute lawyer.

It is good if the court decision was canceled until an enforcement document was issued on its basis. After that, it is more difficult to defend your interests. After all, the FSSP is connected to the division of property. Items may be seized and transferred to the second party to the dispute. Even if it is possible to prove the correctness, the property may be alienated (for example, sold). In this case, you will have to recover compensation for it in court, which is not always successful. Timely appeal to a family dispute lawyer will help prevent such unpleasant situations.

Determination of the child's place of residence

One of the most controversial family relationships. In accordance with the provisions of the Family Code, the place of residence of the child is determined by the agreement of the parents, and in his absence by the court. The legislation obliges the court to take into account such factors as:

● attachment of the child to each of the parents, brothers, sisters;

● child's age;

● the possibility of creating the necessary conditions for the child's development, upbringing;

● the child's opinion.

Also, the Supreme Court introduces a number of criteria for evaluation. These are the moral and other personal qualities of parents, the situation at their place of residence, and other circumstances.

Only 2 factors can be evaluated absolutely objectively and impartially: the age and the opinion of the child. The rest, in fact, remains at the discretion of the court. Because of this, he often makes decisions that do not meet the interests of the minor. Especially if one of the parties represents its interests in court without proper training and in the absence of the necessary knowledge in the field of jurisprudence.

That is why the judicial decision on the determination of the child's place of residence requires the assistance of a lawyer for family disputes. It is also needed at the stage of enforcement proceedings if the second parent refuses to voluntarily transfer the minor. The fulfillment of such an obligation has its own specifics, the FSSP bodies often work inefficiently on it, do not take the full range of necessary measures.

Communication with a child

After the dissolution of the marriage, the second parent retains the right to communicate with the child who has changed his place of residence. But this is often hindered by personal conflict of former spouses or other circumstances. The only way to get the opportunity to see the child and participate in his upbringing is a statement of claim to the court on determining the order of communication.

At the stage of judicial proceedings, most often there are no problems. The claim is satisfied by setting the time when the parent can communicate with the child.

Difficulties arise when the defendant refuses to comply with the court's decision,. The plaintiff receives an enforcement document, applies to the FSSP and is faced with the impotence of enforcement agencies. It is caused not only by the incompetence of the department's employees, but also by the specifics of the subject of the dispute.

One way or another, the situation can be reversed in your favor by getting the second party to fulfill the conditions of communication with the child that the court established. But without a qualified lawyer, it is almost impossible. Therefore, it is impossible to do without the help of a family dispute lawyer.