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Publication date: 27.05.2024
Introduction
Providing children with the appropriate level of material support is one of the key responsibilities of parents. In many cases, the amount of alimony established by the court may prove insufficient to cover the growing costs of the child over time. In such a situation, there is a need to increase the amount of alimony. This article will consider the main aspects related to filing a claim for an increase in alimony, the grounds for such an increase, and the relevant legal regulations.
Grounds for increasing alimony
First of all, it is necessary to determine under what conditions an increase in the amount of alimony is possible. The main reasons for this include:
Growing costs for a child. This may include increased expenses for the child's education, health care, food, clothing, and other needs.
Deterioration of the financial situation of the recipient of alimony. If the father or mother receiving alimony has experienced financial difficulties, this may be a reason to apply to the court for an increase in the amount of alimony.
Increase in the income of the alimony payer. If the father or mother who pays alimony has significantly improved their financial situation, this may be grounds for requesting an increase in alimony.
Changes in legislation. The law on increasing the amount of alimony may provide for new conditions that allow you to request an increase in alimony.
Child Support Increase Act
The legislation of Ukraine provides for the possibility of increasing the amount of alimony in cases where the circumstances affecting the financial situation of the child or one of the parents have changed. The main regulatory legal acts regulating this issue are the Family Code of Ukraine and the corresponding by-laws. According to Art. 192 of the Family Code of Ukraine, the court can change the amount of alimony if there are significant changes in the financial or family status of one of the parties.
A statement of claim to increase the amount of alimony: how to make it
A claim for an increase in the amount of alimony must contain the following elements:
The name of the court to which the application is submitted.
Information about the claimant: full name, place of residence, contact information.
Information about the defendant: full name, place of residence, contact information.
Circumstances of the case: a detailed description of the reasons and grounds for increasing the amount of alimony.
The amount of alimony required after the increase.
Evidence confirming the need to increase the amount of alimony (income certificates, receipts for child expenses, etc.).
Signature of the claimant and date of submission of the application.
Submission of an application for an increase in alimony
The procedure for submitting an application for an increase in alimony includes the following stages:
Application preparation. It is necessary to describe in detail the reasons and grounds for increasing the amount of alimony, to collect the necessary evidence.
Submitting an application to the court. The claim is submitted to the local court at the place of residence of the plaintiff or defendant.
Judicial proceedings. The court considers the submitted application, listens to the parties and makes a decision on increasing the amount of alimony.
Execution of the court decision. In the case of a decision in favor of the plaintiff, the defendant is obliged to pay alimony in the new amount.
Llegal statement on increasing the amount of alimony
Preparation of a statement of claim for an increase in the amount of alimony. The application must be correctly drawn up and contain all the necessary evidence.
Submitting an application to the court. The claim is submitted to the appropriate court.
Judicial proceedings. The court considers the case, listens to both sides and makes a decision.
Execution of a court decision. After the court's decision, the defendant is obliged to fulfill its conditions regarding the payment of alimony in the new amount.
Liability for failure to comply with a court decision
If the defendant does not comply with the court's decision to increase the amount of alimony, the plaintiff has the right to apply to the executive service for enforcement of the decision. The defendant may be held administratively or criminally liable for alimony evasion.
Conclusion
Increasing the amount of alimony is an important mechanism for protecting the child's rights to an appropriate level of material support. The claim for increasing the amount of alimony must be substantiated in detail and contain all the necessary evidence. The correct approach to drafting and submitting an application will help ensure a successful outcome in court and improve the child's financial situation.
