Publication date: 05.06.2024
Reduction of alimony upon the birth of a second child: what is important to know
Introduction
The issue of alimony is one of the most ambiguous and discussed in the field of family law. When parents divorce or end cohabitation, there is a need to pay alimony for the maintenance of minor children. However, the situation becomes more complicated when one of the parents has a second child. In this case, is it possible to reduce the amount of alimony for the first child? Let's understand this issue in more detail.
Legal regulation
According to the current legislation of Ukraine, the amount of alimony per child is 1/4 of the income of the payer of alimony. If the alimony payer has a second child, the amount of alimony for the first child may be reduced.
The legislative basis for reducing alimony is Article 192 of the Family Code of Ukraine. According to it, the court can reduce the amount of alimony if the financial situation of the alimony payer has significantly deteriorated due to the birth or maintenance of other dependent children.
At the same time, the court must take into account the interests of not only the payer of alimony, but also the recipient. That is, a reduction in the amount of alimony cannot worsen the financial situation of the child for whose support it is paid.
Conditions for reducing alimony
In order to achieve a reduction in alimony in connection with the birth of a second child, the payer must prove several important circumstances:
Significant deterioration of the material situation. The payer of alimony must provide evidence that his income has decreased or expenses for family support have increased significantly due to the appearance of a second child.The court evaluates each case individually.
Inability to pay the full amount of alimony. The payer must prove that after the birth of the second child, he is objectively unable to pay alimony in full without harming the financial situation of his second child.
No deterioration in the financial situation of the recipient of alimony. A reduction in alimony should not lead to a significant deterioration in the standard of living of the child for whose support it is paid.
It is worth noting that the reduction of alimony in connection with the birth of a second child is not automatic. The payer must apply to the court with the appropriate application and provide the necessary evidence.
The procedure for reducing alimony
The algorithm of actions for reducing alimony in connection with the birth of a second child is as follows:
-Collection of documents confirming the significant deterioration of the financial situation of the payer of alimony. These can be income certificates, checks, bills and other financial documents.
- Submission of a claim to the court at the place of residence of the recipient of alimony. In the application, it is necessary to justify the need to reduce alimony and provide relevant evidence.
-Participating in court hearings and providing additional explanations and evidence at the court's request.
-Waiting for a court decision. The court makes a decision to reduce alimony or reject the claim.
If the court approves the claim, alimony will be reduced from the moment the application is submitted to the court. Usually, this procedure lasts from 1 to 3 months.
The size of the alimony reduction
The legislation does not establish clear rules regarding the amount of alimony reduction in the event of the birth of a second child.The court determines the new amount of payments based on the specific circumstances of the case.
As a rule, the amount of alimony is reduced to 1/6 of the income of the payer of alimony for each child. That is, if earlier he paid 1/4 of the income for one child, then after the birth of the second child, the amount of alimony for each child will be 1/6 of the income.
At the same time, the court can assign a different amount of alimony if it considers that the option proposed by the payer worsens the financial situation of the first child.
Conclusion
The birth of a second child may be grounds for reducing the amount of alimony for the maintenance of the first child. However, for this, the alimony payer must prove a significant deterioration in his financial situation and the impossibility of paying the full amount of alimony without harming the maintenance of the second child.
At the same time, the court must take into account the interests of both children and prevent a significant deterioration of the financial situation of the child for whose support alimony is paid. The reduction of alimony takes place in court at the request of the payer of alimony.
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