✅ Exemption of parents from paying alimony

Exemption of parents from paying alimony

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: how to change the amount of alimony? What are the grounds for cancellation or complete termination of the payment of alimony? In what situation can they be exempted from alimony? How to make a statement of claim to terminate the payment of alimony? How to find court practice on exemption from the payment of alimony? How to cancel the decision to collect alimony?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Exemption of parents from paying alimony” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

The procedure for releasing parents from paying alimony for a child

As a general rule, the obligation of parents to support the child terminates at the moment of reaching the age of majority, and the conclusion of marriage by the child before reaching the age of majority does not terminate the obligation provided by law to support the child.

Likewise, the alimony obligation of parents to maintain a child until they reach the age of majority does not stop even if the minor is granted full civil legal capacity in accordance with Art. 35 of the Civil Code, when parents are deprived of parental rights (part 2 of article 166 of the Family Code).

Grounds for Exemption of Parents from Paying Alimony

The placement of a child in a health care institution, educational or other institution does not stop the collection of alimony in favor of the parent with whom the child previously lived, if they are spent for their intended purpose (part 1 of article 193 of the Family Code)

Before reaching the age of majority, the legal relationship between the mother, father and child regarding the provision of maintenance to the child may be terminated only on the grounds provided for by the Family Code.

Our lawyers advokat-skriabin.com are often asked such questions: is it possible to exempt from paying alimony? What can be exempted from paying alimony? Can you certify a waiver of alimony at a notary? Who is exempt from paying alimony in Ukraine?

Property and income of a minor child

So, according to Part 1 of Art. 188 of the Family Code, parents can be exempted from the obligation to support a child if the child’s income is much higher than the income of each of them and fully meets his needs.

The child, according to the current family and civil legislation, is an independent owner of property; use in civil circulation can bring the child significant income.

For example:

• interest on a bank deposit opened in the name of the child;
• dividends;
• rent for the use of the child’s property and the like.

These provisions are specified in Part 8 of Art. 177 of the Family Code, art. 178 of the Family Code.

Employment of minors and exemption of parents from paying alimony

In addition, a minor child who has reached the age of sixteen and who, in accordance with the procedure established by law, was registered as an entrepreneur, can also receive income from entrepreneurial activity.

Minor children can be employed in the manner prescribed by law and receive wages.

In the context of Art. 188 of the Family Code refers to a broad interpretation of the concept of “child’s income”, which includes money received by a child from various sources.

The concept of the child’s income in the aspect of exemption from the payment of alimony

The concept “the child’s income is much higher than the income of each of the parents” is an evaluative concept, assessed by the court in a specific life situation, but in any case, the child’s income, which is much higher than the income of each of the parents, is an income that significantly (several times) exceeds the subsistence level. the minimum established by law for able-bodied persons.

At the same time, the child’s income fully meets his needs for physical, intellectual, moral, cultural, spiritual and social development.

Moreover, the age of the child does not matter, since a person under the age of eighteen has the legal status of a child. In Art. 188 of the Family Code applies to both minors and minors.

Procedure for Release of Parents from the Obligation to Maintain a Child

The release of parents from the obligation to support a child is possible only by a court decision. Such a requirement of the mother, the father of the child should be considered in the course of action.

Despite the existence of a court decision on the release of the mother or father from the obligation to support the child, if the child has ceased to receive income or her income has decreased, the interested person has the right to apply to the court with a claim for the recovery of alimony.

These provisions are specified in Art. 180 of the Family Code, part 3 of Art. 181 of the Family Code.

In Art. 188 of the Family Code does not indicate the release of parents from the obligation to participate in additional expenses for the child caused by special circumstances, in contrast to the fact that the legislator allows the possibility of releasing an adult daughter or son from the obligation to participate in additional expenses for the child.

On the possibility of releasing parents from the obligation to participate in additional costs for the child.

Special Circumstances in Determining Participation in Additional Child Costs

It seems that a systematic analysis of the family legislation of Ukraine, in particular the analysis of Articles 185,188, h. З of Art. 190,201,203,204 of the Family Code gives grounds for the conclusion that the legislator deliberately did not provide for the possibility of exempting parents from participating in additional expenses for the child due to special circumstances, for example, the child’s illness.

Such special circumstances (for example, an oncological disease) may arise in a child at the time when the court’s decision to release the parents from the obligation to support the child has come into legal force, and the recovery from one of the parents of additional costs for the child will be in the best interests of the child. …

Correlation of the concepts of “maintenance” and alimony

In this context, it should be noted that it is advisable for the legislator to define in more detail the concept of “maintenance”, “alimony” in the Family Code and to define unequivocally on the issue of the possibility of exempting parents from the obligation to participate in additional costs for the child due to special circumstances.

All this will contribute to the certainty of family law and the uniform application of substantive law by the courts.

For an effective solution to the case on the release of parents from paying alimony, you should contact professional family lawyers.

Family lawyer for parental support exemptions

For an effective solution to the case on the release of parents from paying alimony, you should contact professional family lawyers.

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

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of exempting parents from paying alimony.

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 a parental alimony case is to turn to good family lawyers!

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Frequently asked questions to a lawyer

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. Additional costs for the child
6. Agreement between parents on the payment of alimony
7. Reducing and increasing the amount of alimony
8. Child support for adults