✅Circumstances that affect the amount of alimony

Circumstances that Affect the Amount of Alimony in Ukraine

Our family lawyers are often asked the following questions: Can the court reduce the amount of alimony if the alimony payer provides evidence of health problems? What is the minimum child support amount?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Circumstances that affect the amount of 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.

Circumstances that are taken into account when determining the amount of alimony 2021 in Ukraine

Circumstances affecting the amount of alimony. The court takes into account the following circumstances when calculating the amount of child support:

1) the state of health and financial situation of the child;

2) the state of health and financial position of the alimony payer;

3) if the alimony payer has other children, a disabled husband, wife, parents, daughter, son:

H.1) the property and property rights of the alimony payer are on the right of ownership, possession and / or use.

Including:

  • movable and immovable property;
  • Money;
  • exclusive rights to the results of intellectual activity;
  • corporate rights;

Z.2) the expenses of the alimony payer have been brought by the claimant of the alimony. Including for the acquisition of immovable or movable property, the amount of which exceeds ten times the subsistence level for an able-bodied person. If the payer of the alimony has not proven the source of the origin of the funds;

4) other circumstances of significant importance.

The amount of alimony must be necessary and sufficient to ensure the harmonious development of the child.

The minimum guaranteed amount of alimony per child is established by law. It cannot be less than 50 percent of the subsistence minimum for a child of the corresponding age.

The minimum recommended amount of alimony per child is the minimum subsistence level for a child of the corresponding age. Such an amount of payments for a child can be sentenced by a court if the payer’s earnings (income) are sufficient.

What does the court take into account when determining the alimony in Ukraine?

The court is not limited to the amount of earnings (income) of the alimony payer. If it is established that he has expenses that exceed his earnings (income). And in respect of which such a payer of alimony has not proven the source of the origin of funds for their payment.

The list of circumstances that are taken into account by the court when determining the amount of payments for child support is inexhaustible. Regardless of the method of providing maintenance to a child, when determining the amount of alimony, the court takes into account the following circumstances affecting the amount of alimony:

  • the state of health and financial situation of the child;
  • the state of health and financial position of the alimony payer;
  • if the alimony payer has other disabled children
    husband, wife, parents, daughter, son;
  • the presence of property and property rights on the right of ownership, possession and / or use of the alimony payer.

Our lawyers advokat-skriabin.com are often asked the following questions: How to change the amount of alimony? Circumstances that are taken into account by the court when determining the amount of alimony, changing the amount of alimony for a child, terminating the right to alimony, deducting alimony, how does the birth of a child in a new family affect the amount of alimony? Is there an increase in the minimum amount of alimony.

The amount of alimony must be necessary and sufficient to ensure the harmonious development of the child. The minimum guaranteed amount of alimony for one child cannot be less than 50 percent of the subsistence minimum for a child of the corresponding age.

Such a minimum guaranteed amount of payments for the maintenance of one child is established from August 28, 2018. When the Law of Ukraine of July 3, 2018 No. 2475-VIII “On Amendments to Certain Legislative Acts of Ukraine regarding the creation of economic prerequisites for strengthening the protection of the child’s right to proper maintenance” came into force.

In accordance with Art. 1 of the Law of Ukraine dated October 5, 2000 No. 2017-III “On state social standards and state social guarantees” (Vedomosti of the Verkhovna Rada of Ukraine. 2000. No. 48. Art. 409), the subsistence minimum is a cost value sufficient to ensure the normal functioning of the human body, preservation of his health by a set of food products, as well as a minimum set of non-food items and a minimum set of services necessary to meet the basic social and cultural needs of the individual.

The established amount of the subsistence minimum can also be attributed to circumstances affecting the amount of alimony. The subsistence minimum for one person, as well as separately for those who belong to the main social and demographic groups of the population, is annually approved by the Verkhovna Rada of Ukraine in the law on the State Budget of Ukraine for the corresponding year (part 3 of article 4 of the Law of Ukraine “On the cost of living” ).

Minimum cost of living for children of different ages in Ukraine

Article 7 of the Law of Ukraine dated December 15, 2020 1082-IX “On the State Budget of Ukraine for 2021” established the subsistence minimum in 2021. Thus, per person per month for the main social and demographic groups of the population:

  • children under the age of 6: from January 1 – 1921 hryvnia, from July 1 – 2013 hryvnia, from December 1 – 2100 hryvnia;
  • children aged 6 to 18: from January 1 – 2395 hryvnia, from July 1 – 2510 hryvnia, from December 1 – 2618 hryvnia.

The minimum guaranteed amount of payments per child is guaranteed to the child in all cases of collection of alimony for the maintenance of the child.

So, in the cassation hearing of the case on increasing the amount of alimony, by a decision on which the alimony was tightened in a fixed sum, the Civil Court of Cassation of the Supreme Court in its decision of November 7, 2018 in case No. 355/511/17 noted that, deciding the dispute, the court was instance, having established the existence of grounds for changing the amount of alimony.

In particular, an increase in the size of the living wage, the defendant’s ownership of land plots, from the lease of one of which he receives income, and the other he processes independently, increased the amount of alimony determined by the decision of the Baryshevsky District Court of the Kiev Region of April 9, 2004, to 844 UAH …

This amount is 50% of the subsistence minimum for a child of the appropriate age at the time of the court’s decision and is necessary for the child’s physical, mental, spiritual, moral and social development.

Such conclusions of the court of first instance are correct, correspond to the circumstances of the case and are based on the requirements of the law. Changing the decision of the court of first instance and reducing the amount of alimony, the court of appeal did not take this into account.

The court determined the alimony in an amount less than that provided for by Part 2 of Art. 182 of the Criminal Code as amended at the time of the decision of the Court of Appeal. The fact that the defendant is not officially employed and has two minor children dependent on him does not relieve him of the obligation to provide adequate support for his minor son.

That is, he must pay alimony in the minimum amount determined by law. Taking into account the above, the court of first instance, on the basis of properly assessed evidence, came to the correct conclusion about the satisfaction of the claim.

The minimum recommended amount of payments per child is the minimum subsistence level for a child of the corresponding age and can be sentenced by a court if the payer has sufficient earnings (income).

This minimum recommended amount of alimony per child is established from 28 August 2018, when the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding the creation of economic prerequisites for strengthening the protection of the child’s right to proper maintenance” came into force.

The minimum recommended amount of payments per child may not be established by the court in all cases. And only when the alimony payer has sufficient earnings (income). The concept of “sufficiency of earnings (income)” is an evaluative concept. Therefore, it is assessed by the court in a specific life situation.

Maximum amount of child support in Ukraine

The Family Code does not contain provisions on the maximum amount of child support, but it must be determined taking into account the provisions of Art. 70 of the Law of Ukraine “On Enforcement Proceedings”.

This article provides that the total amount of all deductions for each payment of wages and other income of the debtor cannot exceed 50 percent of the wages that must be paid to the employee, including in the case of deductions under several executive documents.

Alexey Skryabin
family lawyer
This restriction does not apply to deductions from wages in the event that the debtor is serving a sentence. In the form of correctional labor and the collection of alimony for minor children. In such cases, the amount of deductions from wages cannot exceed 70 percent.

The foreclosure on retirement is carried out in accordance with Part 2 of Art. 50 of the Law of Ukraine dated July 9, 2003 No. 1058-IV “On Compulsory State Pension Insurance”. This article provides that the amount of the deduction from the pension is calculated from the amount due to the pensioner to be paid.

No more than 50 percent of its size can be withheld from the pension for the maintenance of family members (alimony). According to par. 4 h. 2 tbsp. 70 of the Law of Ukraine “On Enforcement Proceedings” no more than 50 percent of its size may be withheld from a pension for the maintenance of family members (alimony).

List of types of income that are taken into account when determining the amount of alimony in Ukraine

The court is not limited to the amount of earnings (income) of the alimony payer when establishing the amount of alimony.

The court, determining the circumstances affecting the amount of alimony for the child, may go beyond the limits of deductions from wages and other income of the debtor:

  • in the event that a court establishes that the alimony payer has expenses exceeding his earnings (income);
  • in the case of establishing costs in which the source of the origin of funds for their payment has not been proven.

Family lawyer in cases of circumstances affecting the amount of alimony in Ukraine

To effectively resolve the case in circumstances that affect the amount of alimony, you should contact professional family lawyers.

Family lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

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

Contacting us is a way to save time and money in resolving the issue of the circumstances affecting the amount of 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 case due to circumstances that affect the amount of alimony is to contact good family lawyers!

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ADVEGO

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child 40 2.70
alimony amount 36 2.43 / 4.86
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alimony payer 17 1.15 / 2.29
payer 16 1.08
family 16 1.08
minimum 15 1.01
May 15 1.01
Ukraine 15 1.01
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circumstances affect the amount of alimony 12 0.81 / 3.24
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circumstances affect the size 11 0.74 / 2.23
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article 11 0.74
law of ukraine 9 0.61 / 1.21
availability 9 0.61
one child 9 0.61 / 1.21
solution 9 0.61
family lawyers 9 0.61 / 1.21
content 9 0.61
child support 8 0.54 / 1.08
age 8 0.54
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child support amount 7 0.47 / 1.42
hryvnia 6 0.40
health 6 0.40
minimum child 6 0.40 / 0.81
it 6 0.40

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