Angelina and Kaloyan met five years ago and immediately there was a great love between them. It was due to her that her daughter was born - Diana. Since the parents had not married, Kaloyan immediately recognized his daughter and was enrolled in her birth act as a legitimate father. But with the appearance of the child, the relationship between Angelina and Kaloyan was tense. There was nothing left out of love except little Diana, who, though she was a lovely and sweet creature, failed to get her parents together. One day when Diana was 3 years old, Kaloyan gathered his luggage and moved out of their common home. This put an end to a story that might never end ......
She passed two years and Diana only cared for her mother. Angelina was forced to work in two places to have the means to raise her daughter. The thought of a day when she would have to answer the question: Where is Daddy? Killed her slowly but surely. Kaloyan was not at all interested in the child, he did not give a lion to cover his everyday needs. What can Angelina do in this situation?
She definitely does not wish to return the child's father into their lives, but is angry at the fact that Kaloyan does not behave like a father and does not participate in any way in the care of Diana.
Angelina can bring a lawsuit before a court ordering Kaloyan to be ordered to pay monthly child support, at least until the age of 18. For this purpose, it would be good to organize witnesses to confirm maternal care and lack of parental care. A report is prepared by the relevant Social Assistance Service, which contains the conditions under which the child lives and which of the parents is watching him. Documents proving the amount of remuneration received by the mother are provided. If possible, it is good to present similar to the father. Here is the basic principle enshrined in the law that parents are required to take care of their children, regardless of whether they are in marriage or not. The amount of support depends both on the child's needs and the capabilities of the maintenance worker.
Can Angelina ask for alimony?
Angelina may claim maintenance for a past period of one year from the filing date of the claim.
How much may be claimed for maintenance?
In principle, the minimum amount of maintenance that Tsvetomir can claim is ¼ of the minimum wage, that is to say, a minimal allowance. But Angelina may ask for a higher amount corresponding to Kaloyan's income. The question is to prove that income and to tie them to the needs of the child.
The court will order Kaloyan to pay maintenance at a certain amount to her daughter through her mother and legal representative. Also, if requested, he will be ordered to pay maintenance one year back from the date of filing the claim.
What will happen if Kaloyan fails to execute the judgment and does not actually pays or stop paying his alimony to his daughter?
Non-payment of maintenance for more than 2 months is a crime that is punishable by probation or imprisonment for up to 2 years. In practice, this means that Angelina can file a complaint with the Prosecutor's Office and thus initiate a criminal case against Kaloyan. If such a case is once established, then with a second signal, the penalty will be higher.
It is possible for Angelina to obtain a writ of execution on the basis of a court decision in force. In this case, it will be able to institute enforcement proceedings against Kaloyan with a private enforcement agent and to demand compulsory recovery by means of the law provided for in the law - the imposition of seizures, foreclosures, inventories, valuations and public sales of movable and immovable property.
Being a parent is a vocation, but unfortunately there are people who do not deserve it. Being a parent means not only to create a child, but to take care of it permanently and to love it with all your heart. Everything else is a parody, which unfortunately is not an accidental incident and from which sufferers are small creatures who have no opportunity to choose their mothers and fathers themselves.