Publication date: 31.05.2024
lawyer, 23 years of experience in enforcement.
Review of judicial practice on the issue of how the amount of property and the presence of children from different marriages affects the amount of alimony.
In cases where the father has several children from different marriages and has significant assets, such as a large amount of real estate or a successful business, the issue of child support becomes complicated. If the father is obliged to pay a certain amount of alimony for one child, then the mother of the other child carefully monitors the amount paid. This scenario, which we presented with traditional gender roles to illustrate, is a common occurrence. No mother wants her child to be at a disadvantage compared to her siblings, which leads to disputes where the court awards different child support amounts to each child. However, the court carefully evaluates each situation on an individual basis, guided by the principle that the financial support provided must be sufficient for the child's development. As an example, we cite the decision of the Supreme Court in case No. 369/9386/17, mentioned earlier in this article.
- In this particular case, the plaintiff, who is a mother, discovered that the father of her child had been paying a higher amount of child support for another child from another marriage, as ordered by the court. The mother categorically disagreed with the court's decisions and firmly believed that her child deserved the same as a child from another marriage, alimony (8,000 UAH instead of the awarded 6,000 UAH). However, the Supreme Court disagreed and held that the amount of child support awarded by another court to another child was not relevant to this case. In addition, the financial status of the father does not affect the decision. The Supreme Court emphasized that a father, being a father, has an obligation to financially support his child and provide him with the necessary resources for his upbringing and well-being.
The panel of judges rejected the arguments of the cassation appeal that the defendant has numerous real estate properties and significant income, which allows to increase the funds for child support. Such a decision is based on the second part of Article 182 of the Criminal Code of Ukraine, which emphasizes that the amount of alimony must be appropriate and sufficient to ensure the comprehensive development of the child.
The decisive factor that should be taken into account is the objective amount necessary for the full development of the child, not the level of wealth of the father. Every child has basic needs, as well as potential special needs, which may be affected by their health, education, extracurricular activities (usually chosen by parents), and other factors. As a result, the court evaluates each case separately, taking into account all significant circumstances. However, it is important to note that evidence plays a significant role in this process. It is important to collect all possible documentation that supports each category of expenses listed for monthly alimony. ( cost of alimony lawyer services, alimony lawyer kiev, alimony lawyer Kyiv price, legal alimony advice )
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