Child support: legal aspects and procedure

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Publication date: 24.07.2024

Child support: legal aspects and procedure

Introduction.

Alimony is one of the main means of providing financial support to children after a divorce or separation of parents. In Ukraine, the law provides for the obligation of parents to support their children until they reach the age of majority, and in some cases even after that. The alimony procedure can be voluntary or judicial, depending on the parents' consent and other circumstances. In this article, we will review the main legal aspects and procedure for child support, including the legal framework, methods of determining the amount of child support, the application process, court proceedings and enforcement of the decision.

Legal framework

1. The main legal acts regulating child support in Ukraine are:
2. The Family Code of Ukraine: It defines the obligations of parents to support their children, the procedure for determining the amount of alimony, the grounds for exemption from alimony, and other legal issues related to alimony.
3. The Civil Procedure Code of Ukraine: Regulates the procedure for court proceedings on the recovery of alimony.
4. The Law of Ukraine "On Enforcement Proceedings": Defines the procedure for the enforcement of court decisions on the recovery of alimony.
    

Voluntary alimony arrangements

In cases where parents can agree on child support, they may enter into a voluntary child support agreement. Such an agreement may be executed in writing or notarised. The main aspects of a voluntary agreement include:

1. The amount of alimony: The agreement must contain information about the amount of alimony that the parents have agreed upon. The amount of alimony may be determined as a fixed amount or as a percentage of the payer's income.
2. Term and procedure of payment: The agreement must contain information on the term and procedure for paying alimony. Alimony may be paid monthly, quarterly or in another manner convenient for the parties.
3. Other terms: The agreement may contain other terms and conditions that the parties consider necessary to include, such as participation in additional expenses for the child's education, medical care, recreation, etc.
    

Court enforcement of child support

If the parents cannot agree on child support, one of the parents may apply to the court to recover alimony. The main stages of the court process include:

1. Filing an application: One of the parents submits an application to the court for the recovery of alimony. The application must be accompanied by copies of documents confirming information about the child, his or her place of residence, the parents' income and other important circumstances.
   Court consideration of the case: The court considers the application and hears the parties. In the course of the proceedings, the court may request additional documents, interview witnesses and experts, and hear the child's opinion if he or she has reached a sufficient age and level of development.
2. Determining the amount of alimony: The court determines the amount of alimony, taking into account the financial situation of both parents, their income, the needs of the child and other circumstances. The amount of alimony may be determined as a percentage of the payer's income or as a fixed amount.
3. Decision-making: The court makes a decision on the recovery of alimony, which is binding. The decision may be appealed.
4. Enforcement of the decision: After the judgement enters into force, it is enforced by the executive service. The alimony payer is obliged to pay alimony in the manner determined by the court. In case of non-compliance, the payer may be subject to enforcement measures, including seizure of property, debt collection, restrictions on travelling abroad, etc.

Determining the amount of alimony

In Ukraine, the law does not set a fixed amount of alimony, but it does set a minimum amount that cannot be less than 50% of the subsistence minimum for a child of the relevant age. The amount of alimony may be determined in the following forms:

• A share of the payer's income: Alimony can be determined as a share of the payer's income, which is a common approach in cases where the payer has a stable income. The percentage may vary depending on the number of children and other circumstances.
• Fixed amount: Alimony may be set at a fixed amount, which is appropriate in cases where the payer has an irregular or unstable income. The fixed amount may be periodically reviewed depending on changing circumstances.
• Mixed form: In some cases, alimony can be determined as a combination of a share of income and a fixed amount, which allows for the variability of the payer's income and ensures the stability of payments.

Changing the amount of alimony

The amount of alimony may be changed by a court decision in the event of a change in the financial or marital status of one of the parties, a change in the child's needs or other circumstances. To do so, you must file an application with the court to change the amount of alimony and justify the need for such a change. The court considers the application and makes a decision based on the evidence presented.

Liability for non-payment of alimony

In case of non-payment of alimony, the payer may be held liable. 

1. The main liability measures include:
2. Administrative liability: Failure to pay child support may result in a fine or administrative arrest.
3. Criminal liability: For systematic non-payment of alimony that has resulted in significant arrears, the payer may be held criminally liable, which may include imprisonment or other criminal penalties.
4. Enforcement: The Enforcement Service has the right to apply enforcement measures, including seizure of property, garnishment of the debt from the payer's income, restriction of travel abroad, etc.

Real-life examples and recommendations

Here are some real-life examples and recommendations on how to arrange child support:

1. Voluntary agreement: After the divorce, the parents agreed on child support and entered into a voluntary child support agreement. The agreement was notarised, which helped to avoid litigation and ensure stable child support payments.
2. A court decision on the recovery of alimony: The child's mother filed a lawsuit to recover alimony after the father refused to pay the maintenance voluntarily. The court considered the case and ruled to recover alimony in the amount of 25% of the father's income. After the judgement came into force, the enforcement service began to enforce it.
3. Changing the amount of alimony: A few years after the alimony was established, the father applied to the court to reduce the amount of alimony due to a decrease in his income. The court considered the application and decided to reduce the amount of alimony, taking into account the new circumstances.