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Determination of alimony amounts

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 22.05.2024

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                                       Determining the amount of alimony in Ukraine 

     Child support is the legal financial support that one parent (or other person who has such a legal obligation) is required to pay for the support of his/her child or a former or current partner with whom he/she has or has had family relationships 

     The main purpose of alimony is to provide financial support for those who cannot provide for themselves, including children or former or current partners in the event of a divorce or breakup. 

     The amount of alimony can be set by the court or by agreement of the parties, but in many cases it is determined in accordance with legislation and calculation methods, taking into account the income and financial status of the payer of alimony. Alimony may also include not only monetary payments, but also other types of assistance, such as housing, medical services, etc. 

     In many countries, failure to pay child support can have serious legal consequences, such as fines, jail time, or other enforcement actions.

     The amount of alimony to be paid for child support is determined in accordance with the Family Code of Ukraine and other regulatory legal acts. Below are the basic principles and procedure for determining the amount of alimony.

 

                                   Basic principles of determining the amount of alimony

     1. The amount of alimony must provide the child with a decent standard of living, taking into account the financial capabilities of the alimony payer.

     2. The court takes into account the financial and family situation of both parents, their incomes and other circumstances that may affect the amount of alimony. Methods of determining the amount of alimony

 

     Alimony can be determined as a share of the payer's earnings (income). The legislation establishes the minimum shares:

 

     1. For 1 child - 1/4 part of earnings (income).

     2. For 2 children - 1/3 of earnings (income).

     3. For 3 or more children - 1/2 part of earnings (income).

 

     The legislation of Ukraine does not establish the maximum amount of alimony. The amount is determined depending on the circumstances of the case, the financial condition of the payer and the needs of the child.

 

                                            Circumstances affecting the amount of alimony

      All income of the payer is taken into account, including salary, pension, stipend, income from business activities, etc. The court also takes into account the financial situation of the father (mother) with whom the child lives, his (her) income and expenses for the maintenance of the child. The court takes into account the presence of other dependents of the payer, his state of health, obligations to repay loans, etc.

 

                                                The procedure for applying to the court

     To determine the amount of alimony, it is necessary to submit a claim to the court, where all the circumstances of the case are indicated. Documents confirming the payer's income, the child's needs, the costs of her maintenance, as well as other documents that may affect the court's decision are attached to the claim. The court considers all the circumstances of the case and makes a decision on the amount of alimony.  

 

                                                     Change in the amount of alimony

      If the payer or recipient of alimony changes their financial situation, they can apply to the court for a change in the amount of alimony. A change in health, the birth of other children, etc. can be grounds for changing the amount of alimony. 

 

Conclusion 

     The amount of alimony in Ukraine is determined on the basis of fairness, taking into account the financial capabilities of the payer and the needs of the child. To determine or change the amount of alimony, it is recommended to contact qualified lawyers or attorneys who will help prepare all the necessary documents and represent interests in court.  

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