✅ Additional costs for the child

Additional costs for the child

Additional costs for the child caused by special circumstances

The obligation of parents to participate in additional costs for the child is due to the fact that, according to paragraphs 1, 2 of Art. 27 of the UN Convention on the Rights of the Child, the States Parties recognize the right of every child to a standard of living necessary for the physical, mental, spiritual, moral and social development of the child.

Parents or other persons raising a child have the primary responsibility to ensure, within their abilities and financial capabilities, the living conditions necessary for the child’s development.

Our lawyers advokat-skriabin.com are often asked the following questions: how to oblige the father to compensate the additional expenses for the child, the list of expenses for the child per month, additional expenses for the child, family code, objections to the claim for the recovery of additional expenses for the child.

List of special circumstances affecting additional costs for the child

Additional costs for the child caused by special circumstances:

  • development of the child’s abilities;
  • his illness;
  • injury and the like.

These special circumstances are not alimony, but are aimed at providing the child with an appropriate level necessary for the physical, mental, spiritual, moral and social development of the child.

Litigation on additional costs for a child

Clause 18 of the Resolution of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony” draws the attention of the courts to the fact that the provided for in Art. 185 of the Family Code, only parents can be involved in the additional costs of maintaining a child caused by special circumstances (development of his abilities, illness, injury, etc.).

In these cases, we are talking about actually incurred or anticipated costs, therefore, they need to be determined in a fixed amount.

Cost of solving a case of additional expenses for a child

While considering the claims for the recovery of alimony and additional costs, they must be determined separately in the decision.

According to clause 3, part 1 of Art. 5 of the Law of Ukraine “On Court Fee” from the payment of court fees when considering a case in all courts, plaintiffs are exempted – in cases of:

  1. recovery of alimony;
  2. payment of additional costs for the child;
  3. collection of a forfeit (penalty interest) for late payment of alimony;
  4. indexing alimony or changing the way it is collected.

How the amount of participation of one of the parents in the additional costs is determined

The amount of participation of one of the parents in additional expenses for the child in the event of a dispute is determined by a court decision, taking into account the circumstances of significant importance.

Additional child costs may be funded in advance or covered once they are actually incurred on a one-time, periodic or ongoing basis.

So, in the ruling of the Civil Court of Cassation of the Supreme Court of May 10, 2018 p. in case No. 2-1161 / 2011, it is noted that, when deciding on the amount of funds to be collected for additional costs, the courts must take into account the extent to which each parent is obliged to participate in these costs, taking into account the material and family situation of the parties and other interests and circumstances that are essential.

In the event that the financial situation of the parents does not allow for the full payment of additional costs, they can only be partially compensated. Taking into account these circumstances, the court determines the amount of additional expenses for a child due to special circumstances to one of the parents in a fixed sum of money.

Procedure for proving the need for additional costs for a child in court

The presence of such additional costs must be proved by the person who makes claims for their recovery. These funds are additional, in contrast to the funds received by one of the parents to support the child.

In these cases, we are talking about actually incurred or anticipated costs, therefore, they need to be determined in a fixed amount. Additional costs are not additional collection of funds for the maintenance of the child.

Alimony is necessary to provide normal material conditions for the child’s life. In some cases, in the presence of special circumstances, in addition to the usual costs for the child, additional costs are required.

Determination of the amount of additional costs

Additional costs should be determined based on the estimated or actual costs incurred for the child. Determining the circumstances that can be recognized as significant, the law refers to the competence of the court.

In any case, such circumstances as:

  • health status;
  • the financial situation of the defendant;
  • the presence of other minor children, a disabled wife, husband, parents, adult children, and the like.

Additional child costs may be funded in advance or covered once they are actually incurred on a one-time, periodic or ongoing basis.

Documents to justify additional costs for the child

The amount of additional costs for the child must be justified by appropriate documents.

For example:

  • expenses for special medical care – by a certificate from a medical institution on the cost of medical services;
  • expenses for treatment, for spa treatment – extracts from the child’s medical history, doctor’s prescriptions, certificates, checks, invoices, travel documents, and the like.

When collecting funds for additional costs that should be incurred in the future, the court must provide a calculation or justification for the need for future costs.

Family Advocate for Additional Child Costs

The best solution in disputes about additional costs for a child is to contact experienced family lawyers.

Alimony lawyer:

  1. will consult on your question;
  2. will help to determine the best option for solving the case;
  3. prepare all the necessary documents;
  4. will accompany you throughout the entire trial.

Our lawyers will do everything necessary for a quick and high-quality completion of the case!

Alexey Skryabin
family lawyer
Contacting us is a way to save time and money in resolving the issue of additional costs for the child.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in dealing with an extra child cost case is to contact good family lawyers!

What may cause additional costs for the child?
What is the cost of adjudicating an extra cost for a child?
In what order are funds for additional child expenses paid?
What is the order in which additional child expenses are resolved?

Useful site materials advokat-skriabin.com:

  1. Alimony after divorce
  2. The procedure for collecting alimony for a child
  3. Alimony as a share of earnings
  4. Alimony in firm cash
  5. Exemption of parents from paying alimony
  6. Agreement between parents on the payment of alimony
  7. Reducing and increasing the amount of alimony
  8. Child support for adults
advokat-skriabin.com

google

additional costs for the child

court decision to recover additional child support costs

child support costs for court

additional child costs Supreme Court

additional expenses for an adult child

additional costs for child jurisdiction

additional costs for child objections

YANDEX

additional costs for the child

additional expenses of parents for children

additional costs for child support

participation in additional expenses for children

participation of parents in additional expenses for children

collection of additional costs for the child

additional costs for a disabled child

application for additional expenses for the child

Checked by Victoria on 23.06.21

ADVEGO

flow 41 4.98
child 40 4.86
additional 35 4.25
additional costs 32 3.89 / 7.78
additional expenses of the child 26 3.16 / 9.48
child’s expenses 25 3.04 / 6.08
Circumstance 12 1.46
parent 10 1.22
collection 9 1.09
family 9 1.09
alimony 8 0.97
special 7 0.85
special circumstances 7 0.85 / 1.70
size 7 0.85
the amount of additional costs 7 0.85 / 2.55
solution 7 0.85
lawyer 6 0.73
required 6 0.73
case 6 0.73
court 6 0.73
development 5 0.61
amount of additional expenses of the child 5 0.61 / 2.43
medium 5 0.61
judicial 5 0.61
ship 5 0.61
be 5 0.61
question 4 0.49
document 4 0.49
material 4 0.49
one 4 0.49
single parents 4 0.49 / 0.97
incur 4 0.49
size extra 4 0.49 / 0.97
significant 4 0.49
illness 3 0.36

Rate article
( 2 assessment, average 5 from 5 )
Share to friends
SKRIABIN
What may cause additional costs for the child?
Additional costs for a child can be caused by the development of his abilities, illness, injury.
What is the cost of adjudicating an extra cost for a child?
Plaintiffs in cases of additional child expenses are exempt from court fees, so the cost of solving the case will consist of paying for the services of a family lawyer.
In what order are funds for additional child expenses paid?
Additional child costs can be paid in advance or covered once they are actually incurred - one-time, periodically or permanently.
What is the order in which additional child expenses are resolved?
Cases about additional costs for the child are decided in court.