Cases from practice

The government provided the couple with a subsidy for the construction of a house. The money was transferred to the seller of building materials. However, the couple divorced before the construction of the house. The seller of building materials returned the funds. Based on the Budget Code, the government charged the client interest for the use of the subsidy, and the woman paid this interest to the government. The ex-husband refused to compensate her for half of the amount paid, so the woman sought help from the attorney.

During the consultation, the attorney concluded that the obligation to return the unused subsidy and pay interest for the misappropriation of state funds is a joint obligation, as the subsidy was issued to the entire family, not just the wife. By law, joint debts are taken into account when dividing property, so the lawyer prepared a claim for the recovery of unjust enrichment from the ex-husband for half of the amount paid by the client.

The girl asked for help to exclude from the birth certificate of her son the entry that her ex-husband is the father of the child. The unusual and specific nature of the situation was that, contrary to established practice, paternity was being challenged not by the man, but by the child’s mother.

The attorney prepared a statement of claim to challenge paternity. Then he represented the client’s interests in court, where he substantiated the legality and validity of her position, proved that the mother can also challenge paternity if the biological father of the child is not the man who is indicated as the father in the birth certificate.

The client’s ex-husband did not pay alimony. Only the mother was responsible for supporting the three children. The girl turned to me with the goal of influencing the alimony payer through legal means to encourage timely payments.

Based on the materials of the enforcement proceedings and the circumstances of the case, the attorney drew up a reasoned statement of claim for the recovery of a penalty in connection with late payment of alimony. After filing the claim, he gave the girl recommendations on how to behave in court and prove she was right.

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.

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.

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.

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.

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.

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.