Child support: legal aspects and procedure

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Publication date: 26.07.2024

Child support: legal aspects and procedure

Child support is an important legal process that provides financial support to minor children in cases where their parents are separated or unable to support the child on their own. Alimony is a mandatory payment that one of the parents is obliged to make in favour of the child to meet the child's needs. In this article, we will consider the main legal aspects of child support in Ukraine, including the legal framework, the procedure for filing an application, the calculation of the amount of child support, and the specifics of fulfilling child support obligations.

Legal framework

The main legal acts regulating child support in Ukraine are:

• The Family Code of Ukraine: Establishes general provisions on the rights and obligations of parents to support their children, as well as the procedure for the recovery of alimony.
   
• Civil Procedure Code of Ukraine: Defines the procedure for court proceedings on the recovery of alimony, including the filing of a claim, the hearing of the case in court and the issuance of a judgement.
   
• Law of Ukraine ‘On Enforcement Proceedings’: Regulates the procedure for the enforcement of court decisions on the recovery of alimony, including the actions of bailiffs, methods of recovery and measures to ensure enforcement.
   

Procedure for filing an application for the recovery of alimony

The child support procedure includes several main stages:

1. The first step is to prepare the necessary documents confirming the child's rights to child support. 
    
2. The child's birth certificate.
    
3. A family composition certificate or other document confirming that the child lives with one of the parents.
    
4. Documents confirming the parents' income (if it is possible to provide them).
    
5. Other documents confirming the child's maintenance costs (cheque books, receipts for tuition fees, medical services, etc.)
    

Filing a statement of claim with the court: The next step is to file a statement of claim with the court at the place of residence of the plaintiff (the parent seeking child support) or the defendant (the parent who will pay child support). The statement of claim must contain the requirements for the recovery of alimony, its amount, and the justification for the need for these payments.

Court proceedings: After filing a statement of claim, the court sets a date for the hearing. The court considers all the circumstances of the case, hears both parties, and takes into account the documents and evidence submitted by the parties. The court may also order an expert assessment to determine the parents' income or the child's needs.

Making a court decision: After hearing the case, the court makes a decision on the recovery of alimony. The court decision may provide for the recovery of alimony in a fixed amount or as a percentage of the alimony payer's income.

Calculation of the amount of alimony

The amount of alimony can be set in two forms:

• Fixed amount: The court may set a fixed amount of alimony to be paid monthly for the maintenance of the child. This option is possible if the parents' income is unstable or it is not possible to determine the amount.
   
• Percentage of income: Alimony may be set as a percentage of the alimony payer's income. According to the Family Code of Ukraine, the amount of alimony for one child can be up to 25% of income, for two children - up to 33%, for three or more children - up to 50%.
   
• The amount of alimony may be changed depending on changes in the payer's financial situation or the child's needs. In the event of significant changes in the financial situation or health of one of the parties, an application for a change in the amount of alimony may be filed with the court.
   

Additional aspects and recommendations

In some cases, alimony may involve international aspects, for example, if one of the parents lives abroad. In this case, it is important to be aware of the international agreements and conventions to which Ukraine is a party regarding the recovery of alimony abroad. This may include applying to foreign judicial authorities or enforcement services. It is also worth taking into account the differences in the laws of different countries regarding the payment of alimony and the protection of children's rights.

Another important component is the provision of legal assistance to vulnerable categories of the population, including single mothers or parents raising children with disabilities. In such cases, seeking legal advice can be particularly useful for the correct execution of documents and protection of the child's rights. Legal advice can help you better understand your rights, as well as the possible consequences of failing to fulfil or breaching your child support obligations. In cases where the situation is complicated, a lawyer can help resolve conflicts between parents, ensuring that the interests of the child come first.

Enforcement of child support obligations

After a court decision on the recovery of alimony is made, the writ of execution is transferred to the executive service for enforcement. 

There are several ways to enforce child support obligations:

• Voluntary performance: The alimony payer may voluntarily comply with the court decision and pay the alimony directly to the recipient's account or through a banking institution.
   
• Enforcement: If the alimony payer fails to fulfil its obligations, the enforcement service has the right to apply enforcement measures. This may include the seizure of the payer's accounts, foreclosure on property, deduction of alimony from the payer's income, etc.
   
• Liability for non-compliance: In the event of systematic failure to comply with a court order, the alimony payer may be held administratively or criminally liable, including arrest or restriction of liberty.
   

Peculiarities of alimony in different situations

Alimony arrangements may have their own peculiarities depending on the specific circumstances:

• Out-of-court settlement: Parents may enter into a voluntary child support agreement, which must be notarised. Such an agreement is legally binding and can be used to recover alimony in case of default.
   
• Child support for adult children: In cases where children reach the age of majority but continue their education and need financial support, the court may order the parents to pay child support until they complete their studies.
   
• Child support for a child with special needs: If a child has special needs or chronic illnesses that require additional costs for treatment and care, the court may set an increased amount of child support.