If you or your child are not receiving the financial support you’re legally entitled to, you may be able to raise an “action for aliment”. This is a legal claim to secure ongoing financial support from someone who has a duty to provide it – usually a spouse, civil partner, parent or guardian.

At XK Family Law Solicitors, we guide clients through aliment claims across Aberdeen and throughout Scotland.

⚖️ Where Can You Make a Claim?

You can raise an action for aliment in either:

• The Sheriff Court (most common), or
• The Court of Session (for more complex or higher-value cases)

📂 When Can You claim Aliment?

You don’t always need a separate court action. You can ask for aliment during other legal proceedings too, including:

• 🧑‍⚖️ Divorce or separation (including civil partnership cases).
• 📜 Financial provision disputes (e.g. claims under Section 9).
• 👨‍👧‍👦 Parental rights or responsibilities cases.
• 👶 Parentage or legitimacy claims.
• 🧾 Any other case where the court agrees it’s appropriate.

👥 Who Can Raise an Action for Aliment?

You can raise a claim if you are:

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✅ The person who is owed aliment

(e.g. a spouse or adult child)

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✅ Someone acting on behalf of another person

• A child under 18, via:
  • Their parent or guardian.
  • A person they live with.
  • Someone applying for a residence order.
• A curator bonis acting for someone who lacks legal capacity.
• A pregnant woman, on behalf of her unborn child Note: The case won’t be decided until after the child is born.

🏠 Does Living Together Stop a Claim?

No. You can still bring a claim even if you live in the same household as the person who owes you support.

🛑 But the other person can defend the claim by proving they are already fulfilling their duty and intend to continue doing so.

🛡️ Other Legal Defences

In some situations, the person being asked to pay aliment can defend the claim by offering:

• To take the person into their home, and
• To provide support directly.

The court will decide if that offer is reasonable, based on:

• Past behaviour (e.g. any abuse or legal orders).
• Whether there’s an agreement to live apart.
• The best interests of any children involved.

📜 Who Can Accept Payments?

If a claim is made on behalf of a child under 18, the person bringing the action (e.g. parent or guardian) can legally receive the payments on the child’s behalf.

✅ Need Help Making or Defending an Aliment Claim?

At XK Family Law Solicitors, we have extensive experience in Scottish family law and can:

• Help you claim financial support for yourself or your child.
• Represent you in court if you’re being asked to pay aliment.
• Draft or challenge agreements about ongoing financial support.

Ready to Discuss Your Case?

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