Publication date: 11.05.2025
Lawyer. I have been practicing law since 2017. Currently, I have my own law firm, where I am a managing partner. I mainly deal with disputes with the tax office, accompany inspections. I run enterprises from 0 and full support of economic activity. Consultations on any issues. Currently, I also have practice in military affairs.
Case Summary: Recovery of additional expenses for a child due to illness and the need for ongoing treatment.
Responsible Attorney: Olha Vyacheslavivna Niemtsova
Case Details: A client — the mother of a minor child suffering from a chronic illness — contacted our firm. The father, following the divorce, has had little involvement in the child's life and pays the minimum required alimony.
Monthly expenses for medicine, tests, and medical consultations became a significant financial burden. Repeated attempts to involve the father in cost-sharing failed. In this situation, the client filed a claim to recover additional expenses for the child, as provided by law.
Result:
The attorney filed a claim for the recovery of UAH 67,959.50, which had been spent on the child's treatment, along with the court fee. A large body of evidence was submitted, including medical certificates, receipts, and doctors' prescriptions.
The trial court fully satisfied the claim. The defendant filed an appeal, but the attorney successfully defended most of the claims. The appellate court found the expenses partially justified and upheld the lower court's decision in large part.
Separate Legal Battle Over Attorney’s Fees:
After the appeal, the defendant submitted a motion to recover UAH 12,000 in legal fees. Our attorney successfully defended the client's position on this point as well. The court denied the claim, citing that:
- the services were paid for by a third party;
- the documents did not properly confirm the incurred expenses;
- the claim was not supported by procedural law provisions.
Legal Framework:
✔️ Article 185 of the Family Code of Ukraine: "In the presence of valid reasons, one parent may be required to participate in additional expenses for the child (treatment, rehabilitation, development, etc.)."
✔️ Civil Procedure Code of Ukraine — regarding court costs and legal assistance.
Key Stages:
- Evidence Gathering:
Collected medical records, payment receipts, prescriptions, and correspondence with the defendant. - Claim Preparation:
The claim was drafted based on current case law, legal regulations, and a thorough calculation of the expenses. - Fee Payment:
The court fee payment receipt was attached to the claim. - Case Consideration:
Heard in the first instance with parties present; in appeal — based on written submissions. - Legal Representation and Defense:
The attorney provided reasoned rebuttals and successfully defended the client’s interests in both instances. - Separate Claim on Legal Fees:
A rebuttal was prepared against the defendant’s motion to recover UAH 12,000 in legal fees — the claim was fully dismissed.
Thanks to the persistent and professional efforts of our attorney, the client secured substantial reimbursement for her child's treatment and was protected from the defendant’s unfounded counterclaims.
This case demonstrates that legal support can ensure justice even in complex family disputes where one party avoids their responsibilities.
Remember: protecting a child's rights is not only a moral duty, but also a legal opportunity. Contact us — we’re here to help!
