Publication date: 17.05.2024
Increasing the amount of alimony: legal aspects and procedure
Caring for children is one of the main priorities for any family. In situations where parents are divorced or do not live together, the issue of paying alimony becomes especially relevant. However, over time, the financial situation of one of the parties may change, which may lead to the need to increase the amount of alimony.
An application for an increase in the amount of alimony is a legal document that allows you to initiate a legal process to review the amount of payments. A claim for an increase in the amount of alimony is submitted to the court by one of the parties who believes that there are good reasons for changing the amount of payments.
Legal statement on increasing the amount of alimony may be different. For example, if the income of the payer of alimony has increased significantly, but the amount of payments has remained unchanged, this may be considered a reason for increasing alimony. Also, an increase in the amount of alimony may be justified if the child's needs have increased due to certain circumstances, such as the need for additional medical expenses or a change of residence.
The law on increasing the amount of alimony is regulated by the Family Code of Ukraine. According to Article 192 of the Family Code, the amount of alimony may be increased or decreased by court decision in the event of a change in the financial or family status of one of the parents or the child.
A lawsuit to increase the amount of alimony is considered by the court at the place of residence of the defendant (the payer of alimony). During the hearing of the case, the court examines the evidence provided by the parties, including documents on income, expenses and other financial circumstances. Also, the court can appoint an examination to more accurately determine the needs of the child and the capabilities of the payer of alimony.
An application for an increase in alimony must contain clear requirements and justification for the need to increase the amount of payments. It is important to present to the court all the necessary evidence confirming the change in circumstances that led to the need to revise the amount of alimony.
In case of satisfaction of the claim to increase the amount of alimony, the court makes a decision on the new amount of payments, which the payer of alimony is obliged to pay. This decision is binding, and in case of non-compliance, sanctions provided by law may be applied.
It should be noted that increasing alimony is not a one-time procedure. In the event of a further change in circumstances, the parties may again apply to the court with the relevant requirements.
In general, the process of increasing the amount of alimony is an important tool for ensuring the appropriate standard of living of the child and protecting his interests. However, before starting a legal process, it is recommended to try to resolve the matter peacefully, through negotiations and mutual concessions. If it was not possible to reach an agreement, going to court may be the only way out to protect the rights of the child.
