Publication date: 05.06.2024
Grounds for reducing the amount of alimony
Introduction
Alimony is one of the most important aspects of family law, which is designed to ensure the financial support of children after the divorce or dissolution of the union of their parents. However, sometimes circumstances may arise in which the existing amount of alimony becomes excessive for the payer and needs to be revised. In this article, we will consider the main reasons for reducing the amount of alimony that can be applied in Ukraine.
Change in the financial status of the alimony payer
One of the key factors that can justify the need to review alimony is a significant change in the payer's financial condition. This may be caused by the loss of a job, a decrease in earnings, the occurrence of serious illnesses or other life circumstances that led to the deterioration of the payer's financial situation.
According to the current legislation, the payer of alimony has the right to apply to the court with a claim to reduce the amount of alimony if his income has significantly decreased or other circumstances have arisen that significantly affect the ability to pay the specified amount. The court, in turn, must evaluate all the circumstances of the case and determine whether there are grounds for reducing alimony.
For example, if the alimony payer has lost a permanent job and is forced to switch to seasonal or temporary employment with lower wages, he can file a lawsuit to review alimony. Similarly, if the payer has suffered a serious injury or illness that has resulted in reduced work capacity and income, this may also be grounds for a reduction in alimony.The appearance of a new family at the payer of alimony
Another important reason for reducing alimony can be the appearance of a new family for the payer. The legislation provides that the payer of alimony must support not only the child, but also a new family, if he has one.
If the alimony payer remarries and has new children, he can apply to the court to reduce the amount of alimony he pays for the child from the first marriage. The court must assess the payer's financial situation, the number and needs of all his children and determine a fair amount of child support that he is able to pay.
For example, if the alimony payer used to pay 50% of his income and now has a new family with two children, the court can reduce the amount of alimony to 30% of his income to ensure that all the children are supported.
Changing needs of the child
Another important factor that can justify a reduction in alimony is a change in the needs of the child for whose benefit it is paid. If the child becomes financially independent or his maintenance needs are significantly reduced, this may be a reason to revise the amount of alimony.
For example, if the child has reached the age of majority, got a job and became financially independent, the payer of alimony can apply to the court with a demand for their cancellation. Or if a child who previously needed significant medical or educational expenses no longer has such needs, this may also be grounds for a reduction in child support.
When considering such cases, the court must assess the current needs of the child and the financial situation of the family in order to determine the fair amount of alimony.Misuse of received funds
A separate case in which the amount of alimony may be reduced is a situation when the recipient of alimony misuses the funds received for child support. If it is proven that alimony funds are spent not on the needs of the child, but on meeting the recipient's own needs, this may be grounds for reducing alimony.
For example, if a mother who receives alimony for a child spends these funds on her own entertainment or buying expensive things, and not on providing for the needs of the child, then the alimony payer can apply to the court with a claim to reduce the amount of alimony.
It is important to note that it is up to the alimony payer to prove the fact of misuse of the received funds. He needs to provide the court with convincing evidence that the recipient is misusing alimony funds.
Conclusion
Summing up, it should be noted that the legislation of Ukraine provides for a number of grounds on which the amount of alimony can be reduced. This is, in particular, a significant change in the payer's financial situation, the appearance of a new family, a change in the needs of the child, and misuse of the funds received. Each case is considered by the court individually, taking into account all the circumstances of the case. The alimony payer must provide the court with convincing evidence that the existing amount of alimony is too burdensome for him. Only in the presence of such evidence can the court make a decision to reduce the amount of alimony.
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