Recovery of alimony penalty from an individual entrepreneur

Situation

A woman turned to the attorney, whose ex-husband was an individual entrepreneur, paid alimony very rarely and with a large delay. Only the mother took care of the three children. The task of the attorney is to achieve the real execution of the court decision on the recovery of alimony.

Work process

Taking into account the specific circumstances of the client’s situation, she was offered to apply to the court with a claim to recover from her ex-husband and father of the children a penalty for alimony arrears. Another of the recommendations is to achieve the seizure of property in connection with the arrears in the payment of alimony. The attorney drew up a reasoned statement of claim, calculated the debt on alimony, and instructed the woman how to behave in court.

Result

The court exacted a penalty for alimony in the amount of 1,764 rubles. After that, the father repaid the alimony debt in the amount of 2,600 rubles.

The court's decision

Man wins complicated case for recovery of alimony

Situation

Due to constantly arising quarrels and disagreements, the client’s wife applied to the court with a demand to recover alimony from her husband for two minor children. Claimed that, despite living together, the client does not provide funds for the maintenance of children. The client did not agree with the claim and turned to a attorney for help. The only possible way to defend against an unfounded claim was to file a counterclaim for the recovery of alimony for the maintenance of minor children from the spouse. Therefore, the recommendations were as follows:

  • draw up a counterclaim for the recovery of alimony;
  • to file petitions in court for the recovery of documents and information indicating the irrational spending of money by the spouse, in order to prove that the waste of money was to the detriment of the interests of the family and children;
  • provide evidence that the father fully fulfills the obligations of supporting minor children.
Work process

As part of the trial, the attorney did the following work:

  1. The attorney supported the petitions made by the client in the counterclaim, substantiating the need to obtain information about the spouse from banks, mobile operators, leasing organizations, etc.
  2. Questions were asked to the plaintiff, defendant, witnesses.
  3. It was possible to present written evidence, audio and video materials, refuting the testimony of witnesses from the side of the plaintiff.
  4. A reasoned justification was made for the need to satisfy the claims of the client and the refusal to satisfy the claims of his wife.
Result

The court agreed with the arguments of the attorney and the counterclaim and ordered the client’s spouse to pay him alimony.

The court's decision

The case of determining the place of residence of children with the father

Situation

Parents after the dissolution of the marriage lived separately. The children stayed with their father. The client’s ex-wife filed a lawsuit to determine the place of residence of children with her. The man did not agree with the claim and turned to a lawyer.

Work process

The attorney, taking into account knowledge of judicial practice in similar cases, advised the man, gave recommendations on how to behave in court, prepared a substantiated counterclaim to the court, and represented interests in court. In the trial, the attorney argued that the situation in the mother’s family was not always favorable and calm, and that it would be better for the children if their place of residence was determined with the father.

Result

By decision of the court, the place of residence of the children was determined by the place of residence of their father. The court recovered from the plaintiff in favor of the client the costs incurred by him for the services of a lawyer.

The court's decision