- Child support: the essence of the concept in Ukraine
- Calculation of the amount of alimony in terms of earnings in Ukraine
- Determination of the amount of alimony in a fixed amount in Ukraine
- Alimony for an adult child in Ukraine
- Reducing and increasing the amount of alimony in Ukraine
- Claims and court orders for alimony in Ukraine
- Filing a statement of claim in Ukraine
- Alimony upon filing a court order in Ukraine
- Alimony agreement between parents in Ukraine
- Exemption of parents from paying alimony in Ukraine
- Additional costs for the child in Ukraine
- The procedure for collecting alimony for a child in Ukraine
- Circumstances that Affect the Amount of Alimony in Ukraine
- Real estate for the payment of alimony in Ukraine
- Control over the expenses of alimony in Ukraine
- Recovery of alimony for the past period and alimony arrears in Ukraine
- Responsibility for non-payment of alimony in Ukraine
- Should you give up child support in Ukraine?
- Family lawyer in lawyer payment cases in Ukraine
- Frequently asked questions to a family lawyer in Ukraine
Child support: the essence of the concept in Ukraine
After divorce, one of the parents who does not live with the child is obliged to take part in his material support.
The parent who lives separately pays alimony, that is, funds for the maintenance and provision of optimal living conditions for the child.
It should be noted that alimony can be collected not only after divorce, but also during the period when the parents are married.
In order to properly file for child support and ensure decent living conditions for your child, you should contact a family lawyer.
Calculation of the amount of alimony in terms of earnings in Ukraine
Child support can be calculated in two ways – as a share of the income of the parent who lives separately and in a fixed amount.
To calculate the amount of alimony in terms of earnings, the relationship between the size of the payer’s salary and the amount of alimony is characteristic.
This is not always convenient, for example, when the payer:
- unofficial income;
- unstable earnings;
- seasonal employment.
Alimony in a share of earnings is calculated as follows:
- with one child – a quarter of earnings (25%);
- with two children – a third of income (33%);
- if there are three children – half of the income (50%).
Determination of the amount of alimony in a fixed amount in Ukraine
This option for calculating the amount of alimony is appropriate in the case when the alimony payer does not have a permanent job or receives an unofficial salary.
The amount of alimony in a fixed amount is determined on a permanent basis and is subject to annual indexation.
In order to determine the best way to calculate the amount of alimony, you should contact a good family lawyer who will help you and accompany you throughout the entire alimony process.
Our lawyers in Zaporozhye are often asked the following questions: How much does an alimony lawyer cost? When do you need to file for alimony? Where to go to apply for alimony? How is child support paid in Ukraine? In this article we will try to answer all the questions regarding the recovery of child support.
Alimony for an adult child in Ukraine
Adult children are also eligible to receive child support from a parent who lives separately.
The reasons for paying child support to adult children are:
- full-time study at a university;
- lack of work for an adult child.
The age up to which child support can be collected is 23 years.
The process of obtaining alimony for children over 18 is more complicated and laborious. We recommend that you contact a family lawyer who can help you arrange child support payments from 18 to 23 years old.
Reducing and increasing the amount of alimony in Ukraine
After calculating the amount of alimony, circumstances may arise due to which it is necessary to reconsider the case and change the amount of payments for the child.
To increase or decrease the amount of alimony, you should file a statement of claim in court. The claim should indicate the reasons for changing the amount of the alimony payment.
In order for the case to decrease or increase the amount of alimony to be decided in your favor, you should contact a good family lawyer.
Claims and court orders for alimony in Ukraine
There are two ways to submit documents for alimony to the court:
- statement of claim;
- by a court order.
Each of the options has its own advantages and disadvantages.
Filing a statement of claim in Ukraine
Filing a statement of claim for alimony has its positive and negative sides.
The decision of the case in the form of action proceedings lasts from 1 month. If you do not have the opportunity and desire to be present in court, then you can delegate these responsibilities to a family lawyer who will represent your interests in court.
Alimony upon filing a court order in Ukraine
Solving the issue of paying child support when filing a court order has its pros and cons.
The court order is often prepared by a family lawyer.
Alimony agreement between parents in Ukraine
The decision on the payment of child support can take place without litigation. In this case, the parents draw up an agreement between themselves in writing for the payment of alimony.
Such an agreement on the payment of alimony is certified by a notary. The advantage of this type of solution to the issue of alimony is the speed of registration. Moreover, this method of collecting alimony is possible with the consent of both parents.
In order to draw up the contract correctly and take into account all the nuances and details, you should contact a family lawyer who will help you correctly draw up an agreement on child support.
Exemption of parents from paying alimony in Ukraine
Parents can be exempted from paying alimony by the court in the following cases:
- death of the alimony payer;
- obtaining the status of a capable citizen, even up to 18 years of age (marriage, employment);
- disability by the alimony payer;
- waiver of guardianship / paternity;
- deprivation of the parental rights of the payer;
- moving the child to the alimony payer;
- transfer of real estate for the payment of alimony.
A family lawyer in Zaporozhye will help you determine the situation in which you will be exempted from paying alimony and correctly draw up the documents.
Additional costs for the child in Ukraine
Paying child support is not the only way to support a child. There are also reasons and circumstances that are the basis for collecting additional costs for the child.
The reasons for collecting additional child support payments are:
- the need for treatment;
- the need for health improvement;
- the need to purchase items and things necessary for the child’s life;
- professional sports, music, dancing and other hobbies.
Recovery of additional child costs will be faster and more efficient with the help of a good family lawyer.
The procedure for collecting alimony for a child in Ukraine
The procedure for collecting alimony for a child can be done in several ways:
- voluntarily, by drawing up an agreement on the payment of alimony between the parents;
- in a judicial proceeding – a claim proceeding or a court order.
Circumstances that Affect the Amount of Alimony in Ukraine
The amount of alimony is calculated taking into account the circumstances that are significant both for the payer of the alimony and for the recipient.
There are such circumstances that affect the amount of alimony:
- the need for the payer to pay alimony to another child;
- the birth of another child in the payer’s family;
- deterioration in the health of both the payer and the recipient;
- change in income to the lower or higher side of the alimony payer;
- deterioration of the child’s health;
- disability of one of the parties.
Real estate for the payment of alimony in Ukraine
One of the ways to be exempted from the payment of alimony is the transfer of real estate on account of alimony.
To transfer an apartment, house, land plot for alimony, you need to re-register the property for the child, and also apply for the termination of payments.
It should be noted that the property transferred for alimony cannot be sold until the child reaches the age of majority.
Control over the expenses of alimony in Ukraine
The alimony payer has the right to control what the funds paid in the form of alimony are spent on. If in doubt about the advisability of spending alimony, you can contact the guardianship authority for an inspection.
Ukrainian legislation provides for the possibility of monitoring the expenses of alimony, both at the request of the payer and at the initiative of the guardianship authorities.
At the same time, an important condition for checking the expenses of alimony at the request of the payer is the absence of alimony arrears.
A family lawyer will help you organize control over the spending of alimony as soon as possible.
Recovery of alimony for the past period and alimony arrears in Ukraine
If the alimony payer did not make payments for the child, then they can be collected by presenting a writ of execution for execution.
A prerequisite for collecting alimony for the past time is proof that the plaintiff committed actions aimed at collecting alimony.
It is quite difficult to collect alimony for the past period. Therefore, the best option is to resolve the alimony case immediately after the payer has stopped making alimony payments.
If situations arise when it is necessary to collect alimony for the past period, you should contact your family lawyer who will help resolve your issue.
Responsibility for non-payment of alimony in Ukraine
If the payer of the alimony does not make payments for the maintenance of the child, then he will be liable for evading alimony, that is, the obligation to take part in the material support of the child.
Responsibility for non-payment of alimony can be in the following forms:
- executive work from 120 to 240 hours;
- administrative arrest (up to 10 days);
- fine (100-150 non-taxable minimum incomes);
- restriction of the right to travel abroad with a child (up to 1 year old).
Should you give up child support in Ukraine?
Even if you do not need financial assistance to provide for the child, we recommend that you draw up the collection of alimony.
Making alimony payments for a child is an important procedure that is necessary when solving many issues regarding a child – deprivation of parental rights, restriction of communication with a child, and much more.
Each situation is different, so it is best to consult a good family lawyer.
A family lawyer will study your situation, suggest the best options for solving it and accompany you until the case is resolved and a positive result is obtained.
Family lawyer in lawyer payment cases in Ukraine
The best solution in disputes regarding the payment of alimony is to contact experienced family lawyers.
- 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!
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 child support case is to contact good family lawyers!
You can get acquainted with all the services of lawyers in the field of family law on our website advokat-skriabin.com
Frequently asked questions to a family lawyer in Ukraine
Like it if the article was useful to you. We, in turn, will try to give you the most up-to-date information about all changes in the laws in the field of family law!
Useful site materials advokat-skriabin.com:
- Lawyer in Zaporozhye
- Division of property of spouses
- Deprivation of parental rights
- Determining the child’s place of residence
- Departure of the child abroad
- Elimination of obstacles in communication with the child
- Obtaining a court decision
- Apostille on documents
- Obtaining duplicate duplicates of documents at the registry office
How much does an alimony lawyer cost?
When do you need to file for alimony?
Where to go to apply for alimony?
How is child support paid in Ukraine?
Lawyer in Zaporozhye
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Checked by Victoria on 22.06.21
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