✅ Alimony as a share of earnings

Alimony as a share of earnings

Approaches to determining the method of collecting alimony

The share of the earnings (income) of the mother, father, which will be collected as child support, is determined by the court.

So, the Family Code refused to determine the amount of alimony in legal proceedings in a fixed share of the earnings (income) of the alimony payer, as provided for in Part 1 of Art. 82 of the Code of Marriage and Family of the Ukrainian SSR.

According to which alimony for minor children is collected from their parents in the amount of: for one child – one quarter, for two children – a third, for three or more children – half of the earnings (income) of parents, although in judicial practice this approach to determining the amount of alimony for the child is fairly stable and common.

Share of parental earnings that will be collected as child support

Today, when determining in the claim for the recovery of alimony for the child the share of the earnings (income) of the mother, father, which the plaintiff asks to recover from the alimony payer, it is necessary to take into account that the court may satisfy the claim for the recovery of alimony for the child in full or in part.

However, on its own initiative, the court cannot increase the amount of claims for the recovery of child support. The minimum and maximum amount of alimony per child is specified in Part 2 of Art. 182 of the Family Code.

According to Part 6 of Art. 71 of the Law of Ukraine “On Enforcement Proceedings” in the case of collecting alimony as a share of the earnings (income) of the debtor at an enterprise, institution, organization, individual, individual – entrepreneur, deductions are made from actual earnings (income) on the basis of a resolution of the executor.

If it is impossible to collect alimony in the specified amount, the enterprise, institution, organization, individual – entrepreneur, individual who made the deductions, charge the debtor with the alimony payment arrears.

Alimony for two or more children

The procedure for collecting alimony in a share of earnings for two or more children.

If alimony is collected for two or more children, the court determines a single share of the earnings (income) of the mother, father for their maintenance, which will be collected until the older child reaches the age of majority.

Our lawyers advokat-skriabin.com are often asked the following questions: how the alimony is calculated, who determines the amount of the alimony, how to change the amount of the alimony, the timing of the alimony transfer Ukraine.

When determining the amount of alimony for two or more children, the court cannot establish separately for each child a certain share of the earnings (income) of the alimony payer, which is subject to recovery.

Attention was drawn to this, in particular, in the ruling of the Civil Court of Cassation of the Supreme Court of September 3, 2018 in case No. 367/5144/16-s.

This ruling notes that when the claim was satisfied, the court of first instance considered that the defendant, as the father of young children, does not provide funds for their maintenance on a voluntary basis, therefore, alimony for the maintenance of children in the amount of 1/6 of the part is subject to recovery from him in favor of the plaintiff. all types of earnings for everyone.

When changing the decision of the court of first instance, the court of appeal with reference to Part 2 of Art. 183 Family Code, indicated that child support should be collected by determining a single share of the father’s earnings for their maintenance, which will be collected until the eldest child reaches the age of majority.

The panel of judges agrees with this conclusion of the appellate court.

Determination of the amount of alimony for other children when one has reached the age of majority

If, after the older child reaches the age of majority, none of the parents filed a lawsuit to determine the amount of alimony for other children, the alimony shall be collected minus the equal share that accounted for the child who reached the age of majority.

So, if, by a court decision, alimony was pulled for three children in the amount of 1/2 of the earnings (income) of the alimony payer, but not less than 50 percent of the living wage for a child of the corresponding age, then after the older child reaches the age of majority, alimony will have to be collected in the amount of 1/3 of the earnings (income) of the alimony payer, but not less than 50 percent of the subsistence minimum for a child of the corresponding age.

To calculate, it is necessary first to determine what share of the alimony payer’s earnings (income) falls on each child (1/2: 3 = 1/6), then it is necessary to calculate the size of the share of the alimony payer’s earnings (income) to be collected for two children up to when they reach the age of majority (1/2 – 1/6 = 2/6, or 1/3).

Grounds for issuing a court order for the recovery of alimony

One of the parents or other legal representatives of the child with whom the child lives has the right to apply to the court with an application for the issuance of a court order for the recovery of alimony in the amount of:

  • one child – one quarter;
  • for two children – one third;
  • three or more children – half of the earnings (income) of the alimony payer.

But no more than ten living wages per child of the corresponding age for each child.

According to paragraph 4 of Part 1 of Art. 161 of the Civil Procedure Code, a court order can be issued if a claim is made to recover alimony in the amount of one child – one quarter, for two children – one third, for three or more children – half the earnings (income) of the alimony payer, but not more ten living wages for a child of the corresponding age for each child, if this requirement is not related to the establishment or contestation of paternity (motherhood) and the need to involve other interested parties.

According to Part 1 of Art. 172 of the Civil Procedure Code of Ukraine, a court order issued in accordance with paragraph 4 of Part 1 of Art. 161 of the Civil Procedure Code of Ukraine, comes into force on the day of its issue.

Minimum and maximum amount of child support

The minimum amount of alimony for one child, recovered on the basis of a court order, is determined according to the rules of Part 2 of Art. 182 of the Family Code and cannot be less than 50 percent of the minimum subsistence level for a child of the appropriate age.

The maximum amount of alimony for one child, levied on the basis of a court order, is not more than ten minimum living wages for a child of the corresponding age.

This maximum amount of alimony per child does not apply when considering cases for the recovery of alimony in a claim proceeding.

For example, in the ruling of the Civil Court of Cassation of the Supreme Court of May 15, 2019 in case No. 760/6860/17-c, it is noted that part 5 of Art. 183 of the Family Code (as amended at the time the disputed legal relationship arose) states that one of the parents or other legal representatives of the child with whom the child lives has the right to apply to the court with an application for the issuance of a court order for the recovery of alimony.

The amount of alimony, depending on the number of children:

  1. for one child – one quarter;
  2. two children – one third;
  3. three or more children – half of the earnings (income) of the alimony payer.

At the same time, no more than ten minimum living wages per child of the corresponding age for each child. Analysis of Section II “Order Proceedings” of the Civil Procedure Code (as amended at the time of the emergence of disputed legal relations) confirms that the order proceedings are inherently intended to consider cases on applications for the recovery of insignificant sums of money, for which there is no dispute or about it the presence of the applicant is unknown.

Interpretation of Part 1 of Art. 182 and part 5 of Art. 183 of the Family Code (as amended at the time the disputed legal relationship arose) indicates that the limitation of the amount of alimony provided for in Part 5 of Art. 183 of the Family Code, established exclusively for cases considered in the order of an order, intended for the collection of insignificant amounts of money.

Family lawyer for the establishment of alimony in a share of earnings

The best solution in disputes about the establishment of alimony in a share of earnings is to contact experienced lawyers in the field of family law.

Alimony lawyer:

  • will consult on your question;
  • will help to determine the best option for solving the case;
  • prepare all the necessary documents;
  • 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 establishing alimony as a share of earnings.

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 solving the case for establishing alimony in a share of earnings is to contact good family lawyers!

In what order is alimony collected as a share of earnings?
What income is alimony collected as a share of earnings?
What is the minimum amount of child support?
What is the maximum amount of child support?

Useful site materials advokat-skriabin.com:

  1. Alimony after divorce
  2. The procedure for collecting alimony for a child
  3. Alimony in firm cash
  4. Additional costs for the child
  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
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Checked by Victoria on 23.06.21

ADVEGO

child 58 4.98
alimony 57 4.89
earnings 25 2.15
size 24 2.06
collection 18 1.55
children one 16 1.37 / 2.75
one 16 1.37
income 15 1.29
Earning Income 15 1.29 / 2.58
the amount of alimony 15 1.29 / 2.58
recovery of alimony 14 1.20 / 2.40
a lot 13 1.12
child support 12 1.03 / 2.06
code 12 1.03
family 12 1.03
Article 12 1.03
share 10 0.86
payer 10 0.86
alimony payer 10 0.86 / 1.72
appropriate age of the child 10 0.86 / 2.58
court 10 0.86
more children 9 0.77 / 1.55
share of earnings 9 0.77 / 1.55
payer’s income 9 0.77 / 1.55
income of the alimony payer 9 0.77 / 2.32
payer’s income earnings 9 0.77 / 2.32
income earned by the alimony payer 9 0.77 / 3.09
judicial 9 0.77
lol 8 0.69
share of earnings 8 0.69 / 1.37
alimony share 7 0.60 / 1.20
alimony share of earnings 7 0.60 / 1.80
age 7 0.60
share of earnings income 7 0.60 / 1.80
minimum 7 0.60
minimum child 7 0.60 / 1.20
minimum child corresponding to 7 0.60 / 1.80
minimum child of the corresponding age 7 0.60 / 2.40

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SKRIABIN
In what order is alimony collected as a share of earnings?
Recovery of alimony as a share of earnings takes place in court on the basis of a resolution of the executor.
What income is alimony collected as a share of earnings?
The collection of alimony occurs from the actual income (earnings) of the payer.
What is the minimum amount of child support?
The minimum amount of alimony cannot be less than 50% of the subsistence minimum for a child of the corresponding age.
What is the maximum amount of child support?
The maximum amount of alimony is no more than 10 living wages for a child of the corresponding age.