Publication date: 17.09.2024
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Child support is a mandatory cash payment that one of the parents (or other legal representative) is obliged to pay to meet the needs of his child if the parents do not live together. Alimony is paid for the maintenance of a child until he reaches the age of majority (18 years), alimony for a student's child and in some cases it is possible to collect alimony for an adult child who continues his studies or needs special care due to his health.
The amount of child support in Ukraine is determined either by agreement of the parties or by a court decision. It can be set as a part of the payer's income or as a fixed amount. The main provisions regarding the amount of alimony are regulated by the Family Code of Ukraine.
The amount of alimony as a percentage of income:
For one child — 25% of the payer's income.
For two children — 33% of the payer's income.
For three or more children — 50% of the payer's income.
The court may establish a different amount of alimony based on the financial condition of the payer and the needs of the child. If the payer has irregular incomes or no official income, the court can set a fixed amount of payments.
The law provides that the the minimum amount of alimony per child cannot be less than 50% of the subsistence minimum for a child of the appropriate age. According to the legislation, the maximum amount of alimony is limited to 50% of the payer's income, regardless of the number of children.
The minimum amount of maintenance for a child after the age of 18 is set in the same way as for minors: at least 50% of the subsistence minimum for an able-bodied person. As of 2024, the subsistence minimum for able-bodied persons is UAH 3,268, respectively, the minimum alimony is UAH — 1,634.
In addition to the judicial resolution of the issue of alimony collection, it is possible to resolve everything voluntarily. The agreement between parents on the payment of child support is a voluntary agreement between parents in which they determine the conditions and procedure for paying child support without going to court. Such an agreement makes it possible to independently agree on the amount and procedure of payments, avoiding court proceedings.
The main provisions of the alimony agreement:
the maintenance contract is in writing and is subject to mandatory notarization;
parties to the contract: both parents are specified in the contract (payer and recipient of alimony);
parents can independently agree on the amount of payments. It may not be less than the minimum amount of alimony established by law (50% of the subsistence minimum per child of the appropriate age);
the contract defines how often and in what way payments will be made (monthly, quarterly, one-time, etc.);
alimony can be paid in cash or in the form of another form of material support (property, tuition fees, medical services);
parents can include in the contract the costs of education, treatment, recreation or other special needs of the child;
conditions concerning the starting date and duration of payments.
Question
Is it possible to pay alimony to the child's account?
Answer
Yes, it is possible to pay alimony to the child's account, but there are some nuances that depend on the age of the child and the method of payments. As a general rule, alimony is paid to one of the parents with whom the child lives, since the child does not have an independent right to receive funds until he reaches the age of majority. If the parents have reached an agreement on the transfer of alimony to the child's account, they can conclude a contract in which this order of payments will be indicated. The contract must be notarized.
In addition, child benefit is possible if the alimony if the father does not pay alimony or avoids paying alimony and has been in arrears for more than 6 months, you can apply to the social security authorities for temporary state assistance. Temporary assistance is paid at the expense of the state budget and is then reimbursed from the debtor. To do this, you need to contact social services with documents confirming the debt.
Quite often, questions arise whether it is possible to collect alimony for a child without divorce. It is definitely possible to do this. Child maintenance without divorce may be necessary when the parents are not a spouse, but one of them has an obligation to support the child. This is how it can be organized and what steps can be taken to provide financial support for the child.
Determination of alimony without divorce
- Voluntary agreement: If the parents are not married, they can agree to pay child support without court involvement. For this, a contract is drawn up, which can be notarized. Such an agreement defines the amounts, terms and conditions of payments.
- Judicial penalty: If the parents cannot agree, one of the parents can file a lawsuit for the collection of alimony. The court will determine the amount of alimony based on the child's needs and the financial situation of both parents.
How not to pay child support child support amount, in certain cases, it is possible to be exempted from paying alimony in ful . Termination of collection of alimony for child support can occur for several reasons.
Reasons for termination of alimony collection
- Reaching the age of majority of the child: maintenance is usually paid until the child reaches the age of 18. Thereafter, the obligation to pay maintenance ceases if the child is not a minor or incapable of working (for example, he/she studies in the full-time department of an educational institution).
- Termination of education: If a child who has reached the age of 18 has completed his or her studies or is not continuing his or her education, the obligation to pay maintenance may cease.
- Elimination of the need for maintenance: if the child becomes financially independent or the circumstances that allow for the waiver of maintenance (such as obtaining a substantial inheritance) change, a request may be made for termination of recovery.
- Change of circumstances in the father: if the parent paying maintenance has a substantial change in financial situation (significant decrease in income, loss of working capacity) and can prove that he cannot fulfil his obligations, this may be grounds for changing or terminating the recovery of maintenance.
- Peace contract: if the parents have reached an agreement on the termination of alimony, this agreement must be approved by the court or notary.
Question
What is the case law on the collection of alimony for an adult child?
Answer
Judicial practice concerning the recovery of maintenance for an adult child covers cases where children who have reached the age of 18 are entitled to receive financial assistance from their parents. The main grounds for this include continuing full-time education or the child's incapacity for work. Court decisions often include cases where the plaintiff (an adult child or his legal representative) applies for alimony from the father or mother to cover the costs of education. The court usually takes into account documents on enrollment in an educational institution and the form of education (must be full-time), the financial situation of the father/mother from whom alimony is demanded, as well as the child's needs for financial assistance (payment for education, accommodation, food, etc.). Case law indicates that courts grant maintenance claims for adult children in cases where the child needs financial assistance because of continued education or incapacity for work.
A family law attorney – is a specialist who deals with legal issues related to family relations. Its main role is to provide legal assistance in matters concerning the family, to ensure the protection of the client's rights and interests, and to represent him in court cases.
It is necessary to contact a lawyer if one of the parents refuses to voluntarily pay alimony, the lawyer will help file a lawsuit in court for the enforcement of alimony. If disputes arise regarding the amount of alimony that one of the parents must pay, the lawyer will help calculate the optimal amount of payments in accordance with the legislation and the needs of the child. This is especially important when one parent has irregular incomes, hides part of the profits or officially receives the minimum wage.
A lawyer is required when collecting alimony in difficult or conflict situations, when there are difficulties with payment, determination of the amount or execution of the decision. Contacting a lawyer will help protect the rights of the child and ensure adequate financial support.
Family law covers a multitude of legal aspects, so a lawyer will help to effectively resolve difficult situations In cases where disputes arise regarding the rights of a child, a lawyer protects the rights of minor or minor children.
Also, family disputes can be emotionally tense, then the lawyer helps to find a legally justified solution, reducing conflicts. I recommend contacting the family law lawyers of our legal service. The consultant and our specialists will help you protect your rights and interests in complex family matters.
