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Publication date: 17.04.2024
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According to Article 182, Part 2 of the Family Code of Ukraine, the law on increasing the amount of alimony, the minimum guaranteed amount of alimony per child is not less than 50% of the subsistence minimum for a child of the appropriate age. This means that the court can set the amount of alimony at or above this minimum, taking into account the financial capabilities of the parents and the needs of the child.
The living wage for a child is established in Ukraine and takes into account the child's basic needs, such as food, clothing, housing, medical care and education. This size may vary depending on the age of the child and other circumstances.
Therefore, the minimum amount of alimony is determined taking into account the subsistence minimum for a child of the appropriate age, and this is a guarantee that the child will have the necessary material means for his upbringing and development.
Usually, the deduction of alimony for child maintenance is carried out by agreement between the parents or by a court decision. In most cases, when parents are divorced or do not live together, they can agree on the amount of alimony and the terms of their payment for child support.
Here are some possible ways to increase alimony:
Agreement with the party paying alimony: This may include negotiating with the ex-partner or filing a request to change the amount of alimony through the court. For this, it is important to have well-founded arguments regarding the need to increase the amount.
Change of circumstances: If the financial conditions of one of the parents have changed (for example, an increase in income), then this may be a reason for increasing the amount of alimony.
Additional expenses for the child: If new expenses arise for the child (such as medical or educational expenses), an increase in child support can be negotiated to cover these expenses.
These are grounds for increasing the amount of alimony and the possibility of filing a lawsuit for increasing the amount of alimony.
Advice from a lawyer: It is always useful to get advice from a lawyer or family law specialist about your specific situation and the possibility of increasing alimony.
Thus, Article 192 of the Family Code of Ukraine provides for the possibility of changing the amount of alimony by a court decision in the event of a change in financial or family status, deterioration or improvement in the health of one of the parents or the child, as well as in other cases provided for by the Code itself.
If the parents cannot reach an agreement on child support, the matter may be resolved through the courts. The court can determine the amount of child support based on various factors, such as the income of both parents, the needs of the child, the distribution of time each parent spends with the child, etc.
Therefore, an agreement between the parents or a court order is the general rule for deducting child support.
An increase in the amount of alimony can be achieved through the court process by filing an appropriate statement of claim. If the court satisfied the claim regarding the change in the amount of alimony, the new amount will be collected from the day the court decision becomes legal.
This means that when the court's decision becomes final and non-appealable (usually after the appeal period has expired or after all appeals have been resolved), the change in child support takes effect. The new amount will be charged from the moment the court decision becomes legal, and not from the moment the lawsuit is filed.
