Publication date: 29.05.2024
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Reduction of alimony
Alimony is a payment that one person (usually a father or mother) is required to pay regularly to support another person (a child) who is dependent. This dependence can be established by law, for example, in cases of divorce, or the result of a court decision. The main purpose of alimony is to provide financial support to a person who is unable to provide for his own needs, in particular, children when they are under the care of one of the parents.
The amount of alimony may be reduced by a court decision based on a claim by the alimony payer in the following cases:
- changes in material or family status;
- deterioration of the health of the alimony payer;
- in other cases stipulated by the Family Code of Ukraine.
In the case of filing a corresponding lawsuit and proving the relevant circumstances, the court can make a decision to reduce the amount of alimony, taking into account the change in circumstances or the state of the payer.
Ukraine has established laws and procedures that regulate the issue of reducing the amount of alimony. According to Article 183 of the Family Code of Ukraine, if the payer of alimony has reason to believe that the alimony is not used for the needs of the child, he can apply to the court with a claim to change the order of alimony payment, in particular, to deposit part of the alimony into a separate account of the child in the branch of the State Savings Bank Bank of Ukraine or another bank. Such a lawsuit can be considered by the court, which will make a decision on the basis of the evidence presented and establish the appropriate conditions for the payment of alimony, taking into account the interests of the child.
The procedure for the payer of alimony in case of improper spending of alimony
Collection of evidence
The payer must collect evidence that the alimony received is not spent as intended. These can be testimonies, records, financial documents that confirm misuse of funds.
Consultation with a lawyer
Contacting a qualified family lawyer will help assess the situation and prepare a statement of claim to the court.
Preparation of a statement of claim
In the statement of claim, the payer must indicate the circumstances of the case, provide the collected evidence and put forward his demands: a reduction in the amount of alimony or transfer of part of the alimony to the child's personal account at the branch of the State Savings Bank of Ukraine.
Filing a lawsuit in court
The claim is submitted to the district court at the place of residence of the defendant (recipient of alimony) or at the place of residence of the payer, if it is convenient for both parties.
Important aspects of the trial
The court will consider the evidence presented and hear both sides. It is important to ensure that there is convincing evidence of misuse of alimony. Based on the evidence, the court can issue a decision to reduce the amount of alimony or to transfer part of the alimony to the child's personal account.
Thus, alimony is assigned to a child in order to provide for his material needs, in particular, for food, clothing, education, medical care and other needs. The amount of alimony is determined by the court and may be changed under certain circumstances that may affect the financial capabilities of the alimony payer or the needs of the child.
The main principle of alimony assignment is the interests of the child, therefore, when deciding the amount of alimony, the court is guided by the needs and capabilities of the parents (or other persons who bear financial responsibility for the child).
