✅ Reducing and increasing the amount of alimony

Reducing and increasing the amount of alimony

How the amount of alimony is determined

The amount of alimony is determined by a court decision or an agreement between the parents. In the future, there may be a decrease and increase in the amount of alimony by a court decision at the suit of the payer or recipient of alimony in the event of a change in financial or marital status, deterioration or improvement in the health of one of them and in other cases provided for by the Family Code.

The determination by the court of the amount of alimony for the child does not mean that their amount cannot be changed in the future. The amount of alimony, determined by a court decision or by an agreement between the parents, may be reduced or increased over time by a court decision at the suit of the payer or the recipient of the alimony in the event of a change in the financial or marital status, deterioration or improvement of the health of one of them, and in other cases, provided by the Family Code.

Circumstances that may be the basis for changing the amount of alimony

The list of circumstances that may serve as a basis for reducing and increasing the amount of alimony by a court decision is exhaustive. These circumstances are:

  • change in the financial or marital status of the payer or recipient of alimony;
  • deterioration or improvement of the health of the payer or recipient of alimony;
  • other cases provided for by the Family Code.

In particular, claims for an increase in the amount of alimony for a child can be presented on the basis of Part 5 of Art. 181 of the Family Code.

According to which, if after fulfilling the alimony obligations in accordance with Part 4 of Art. 181 of the Family Code, one of the parents did not leave for permanent residence in a state with which Ukraine does not have agreements on legal assistance, and remained or returned for permanent residence in Ukraine, the procedure for collecting alimony, taking into account the amount paid, is established by law.

Change in the amount of alimony in accordance with the UN Convention on the Rights of the Child

It should be noted that each of the above circumstances can be an independent basis for changing the amount of alimony by a court decision.

However, it must be borne in mind that according to paragraph 1 of Art. 3 of the UN Convention on the Rights of the Child, all action for children, whether taken by public or private social welfare institutions, courts, administrative bodies or legislatures, prioritizes the best interests of the child.

Therefore, the court, having established that the marital status of the alimony payer has changed, finds out to what extent the reduction in the amount of alimony for the child will correspond to the best interests of the child.

By a court decision, the amount of alimony can be reduced or increased, both those that were recovered in court, and those that were paid by agreement between the parents on a voluntary basis.

Our family lawyers advokat-skriabin.com are often asked the following questions: A sample statement of claim for a decrease or increase in the amount of alimony 2021 Ukraine, a review of the amount of alimony in Ukraine, a decrease in the amount of alimony, judicial practice of Ukraine, a decrease in alimony for the birth of a second child Ukraine, a sample of an application for change in the amount of alimony, which documents are needed to change the amount of alimony, how to increase the amount of alimony in Ukraine, decrease in the amount of alimony 2021.

In accordance with the clarifications specified in clause 17 of the Resolution of the Plenum of the Supreme Court of Ukraine No. 3 dated May 15, 2006 “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”, changes in legislation in terms of determining the minimum amount alimony for one child is not a basis for reviewing previous court decisions on their recovery.

So, in the ruling of the Civil Court of Cassation of the Supreme Court dated July 12, 2018 in civil case No. 2-1024 / 2010, it is indicated that, according to the amendments to Art. 182 of the Family Code, part two of which is set out in a new edition. According to the introduced rule, the amount of alimony should be necessary and sufficient to ensure the harmonious development of the child.

The minimum amount of alimony for one child cannot be less than 50 percent of the subsistence minimum for a child of the corresponding age. Amendments to the current legislation to determine the minimum amount of alimony collected for one child is not a basis for changing the amount of alimony assigned (collected) on the basis of court decisions made before the entry into force of these changes.

Part 1 of Art. 71 of the Law of Ukraine “On Enforcement Proceedings” provides that the procedure for collecting alimony is determined by law. The contractor collects alimony from the debtor in the amount determined by the executive document, but not less than the minimum guaranteed amount provided for by the Family Code.

List of circumstances that may be the basis for a court decision

The list of circumstances that may be the basis for a court decision to reduce and increase the amount of alimony is complete.

Such circumstances to reduce and increase the amount of alimony:

  1. Change in material or family status of the platform or dependent;
  2. Deterioration or improvement in the health status of the platform or dependent;
  3. Other cases provided for by the Family Code.

If necessary, an application for assistance to a child can be submitted in accordance with Part 5 of Art. 181 of the Criminal Code, according to which, if after the alimony ties provided for in Part 4 of Art. 181 of the Family Code, one of the parents did not leave their permanent place of residence in a country with which Ukraine does not have agreements on legal assistance, but remained or returned to permanent residence in Ukraine.

It should be noted that each of the above circumstances may be an independent basis for changing the amount of alimony by a court decision. However, it should be noted that in accordance with paragraph 1 of article 1 of the UN Convention on the Protection of the Child, all measures in relation to children, carried out by public or private social protection institutions, courts, administrative or legislative bodies, take precedence in the best interests of the child.

Change of marital status and reduction of the amount of alimony

After the court has found that the payer’s marital status has changed, it is determined in descending order of the child benefit and is in the best interests of the child.

When applying a court decision, the amount of alimony can be reduced or increased. Since the one who was recovered in court, so is the one who was voluntarily planned between the parents.

According to the explanations in paragraph 17 of the order of the Plenum of the Supreme Court of Ukraine No. 3 dated May 15, 2006 “On the application by the courts of some provisions of the Family Code of Ukraine in cases of paternity, material security and remedies”, the established minimum level of permission for a child is not a basis for examining previous court decisions on their collection.

Therefore, the decision of the Court of Cassation of the Supreme Court of July 12, 2018 in the civil claim No. 2-1024 / 2010 states that, in accordance with the amendments to Articles 182 of the Criminal Code, part of the other is set out in a new edition. According to the established rule, the alimentary amount must be necessary and sufficient to ensure the harmonious development of the child.

Determining the minimum amount of child support

The minimum amount of the child benefit for one child must not be less than 50 percent of the subsistence minimum for a child of the corresponding age.

Changes in the current legislation on determining the minimum amount of alimony, are being studied for the child, is not a basis for changing the amount of alimony intended in the implementation of court decisions taken before the entry into force of this and the changes.

Procedure for collecting alimony

Part 1 of Art. 71 of the Law of Ukraine “On the implementation contractor” stipulates that the procedure for collecting alimony established by laws.

The performer of levying alimony from the debtor, equal to the amount specified in the executive document, but not less than the minimum guaranteed amount provided for by the Family Code.

The best solution in disputes about reducing or increasing the amount of alimony is to contact experienced family lawyers.

Family lawyer in alimony cases

An alimony lawyer will help you solve the case in your favor!

Family 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 to quickly and efficiently complete the case to reduce or increase the amount of alimony!

Contacting us is a way to save time and money in deciding whether to increase or decrease the amount of alimony payments.

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

Alexey Skryabin
family lawyer
The first step on the road to success in a child support change case is to turn to good family lawyers!

The first step on the road to success in a child support change case is to contact good family lawyers!

Can the illness of the child support payer affect the decrease in the amount of the child support?
What is the minimum amount of child support?
What is the help of a family 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. Exemption of parents from paying alimony
  7. Agreement between parents on the payment of alimony
  8. Child support for adults
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Checked by Victoria on 23.06.21

ADVEGO

alimony 55 4.62
size 44 3.69
the amount of alimony 40 3.36 / 6.72
child 27 2.27
family 27 2.27
change 24 2.02
solution 21 1.76
ship 17 1.43
Ukraine 15 1.26
code 14 1.18
decrease 14 1.18
base 12 1.01
family code 12 1.01 / 2.02
resize 11 0.92 / 1.85
change in the amount of alimony 11 0.92 / 2.77
court decisions 11 0.92 / 1.85
minimum 10 0.84
may 10 0.84
article 10 0.84
increase 10 0.84
according to 9 0.76
court 9 0.76
increase decrease 9 0.76 / 1.51
increase decrease in size 9 0.76 / 2.27
increase in size 9 0.76 / 1.51
increase in the amount of alimony 9 0.76 / 2.27
lawyer 8 0.67
circumstance 8 0.67
a decrease in an increase in the amount of alimony 8 0.67 / 2.69
be 8 0.67
minimum size 7 0.59 / 1.18
minimum amount of alimony 7 0.59 / 1.76
Supreme Court 6 0.50 / 1.01
collection 6 0.50
collateral 6 0.50
one 6 0.50
payer 6 0.50
order 6 0.50
foreseen 6 0.50
parent 6 0.50
family lawyers 6 0.50 / 1.01
case 6 0.50
judicial 6 0.50

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SKRIABIN
Can the illness of the child support payer affect the decrease in the amount of the child support?
Yes, illness - deterioration of the health status of the alimony payer is the basis for changing the amount of alimony.
What is the minimum amount of child support?
The minimum amount of alimony is at least 50% of the subsistence minimum for a child of the corresponding age.
What is the help of a family lawyer?
A family lawyer will provide advice on your case, prepare all the necessary documents, accompany you in court and decide the case in your favor.