Every year the number of child support payers in the country increases, but most of them do not even know about their rights. In this material we will fully understand all the important questions about alimony in Ukraine for 2020.
Let's start our conversation with the fact that child support in Ukraine can be paid on two bases: by court decision, or voluntarily based on an agreement between the child’s parents. Well, now let's talk in more detail about everything around alimony.
Let us note that all children, including Ukrainian ones, are guaranteed a decent standard of living by the UN Convention. At the same time, the Law of Ukraine contains exactly the same “guarantor”. And most importantly, all responsibility for a proper childhood lies directly with the child’s parents, who have equal responsibilities towards their children. In some cases, the state assumes the obligation to pay alimony, find out more about this .
In order to protect children financially, alimony was invented in the world. They must be paid by the second parent after a divorce, with whom the child does not live. Moreover, they must be paid from the birth of the child until he reaches adulthood (in Ukraine - up to 18 years).
How to get alimony through court?
There are times when separated parents cannot find a compromise in a child support case for their child/children. In this case, their dispute can be resolved by the court, to which a special application must be submitted to the parent with whom the child lives.
Moreover, in order to still submit this application to the court, it is necessary to collect several documents. The complete list is as follows:
- Child's birth certificate (copy only);
- The plaintiff’s passport and his TIN (copies);
- Divorce certificate (also a copy);
- Evidence of income from the second parent;
- The application itself (filled out according to the sample).
The most “problematic” of these documents is proof that the other parent has income. But even without this, this issue can be resolved.
The essence of alimony
Parents are responsible for the maintenance of their children. When parents quarrel without or with a divorce, children most often remain with their mothers, who become their guardians. Mothers are most often the recipients of funds.
Regardless of how the money is paid and in whose name, child support in Ukraine should be used only for its intended purpose. Only the guardianship and trusteeship authority can verify their correct use, to which the second parent can apply with an application.
More than 60% of families in the country are faced with the issue of collecting alimony from ex-husbands or wives. And these statistics are increasing every year.
Child support for studies after 18 years of age
As we wrote earlier, child support payments end at the age of 18, however, there are a couple of nuances when child support is paid even after he reaches adulthood. There are only two of them:
- The child needs help from his parents financially, while being disabled (due to health);
- The child is studying at a higher educational institution and therefore needs financial assistance.
We will talk exclusively about the second option, since everything is clear with the first.
As for training, the form of this training itself does not affect the payment of alimony. It’s just that while studying, a child cannot fully support himself, so he definitely needs financial support. However, not everything is so simple here: alimony is paid only if the alimony payer has such an opportunity.
Another interesting point on the issue of alimony after 18 years of age: An application for the collection of alimony for a child after 18 years of age can be sent in both directions, and in any case will be winning (all rights are on the side of the child). But for this, parents must still have the means to provide financial assistance to their child.
Alimony from an unemployed person
If in a standard situation, everything is quite clear regarding the calculation of alimony, then how to collect alimony from a non-working person? How do accruals occur in Ukraine in 2020?
There are several options:
- Collection of alimony in a fixed amount. To do this, you need to go to court with a corresponding statement of claim.
- If the defendant became unemployed after the court decision, but at the same time became registered with the employment exchange. In this case, alimony will be deducted from the unemployment benefits received.
- If the defendant, for any reason (not official employment, traveling abroad, etc.) has not registered with the employment exchange, then alimony will be calculated based on the average salary at the place of registration.
What determines the amount of alimony in Ukraine?
The SKU also describes this in detail. It states that the amount of alimony should be determined based on four factors:
- Financial condition of the child and the alimony payer;
- The state of health, again, of both the child and the alimony payer;
- The presence of other children with the alimony payer, or disabled dependent relatives;
- Any other circumstances that may affect the financial condition of the alimony payer or the child.
As for the minimum possible amount of alimony, for 2020 it is 1,700 hryvnia. To be more precise, 1,700 hryvnia is the minimum payment for a child under 6 years of age, and after that - at least 2,100 hryvnia per month.
What portion of income must be paid for child support?
Now in our country it is accepted that the alimony recipient is obliged to pay about 25 percent of his total income for the month. If we are talking about paying alimony for two children at once, then only 33 percent, but if for three or more children, then 50 percent of the citizen’s income is paid. However, in reality, everything happens completely differently, because it is very difficult to prove the real income of the alimony payer.
In addition, there is a “maximum limit” in the amount of alimony - you cannot pay more than 10 children’s subsistence minimum for each child. This is an interesting detail that applies to Ukrainian legislation. Just who do such laws protect? Just children?
Limitations on the amount of alimony and its withholding
Practice shows that it is one thing to establish the amount of alimony, and another thing to withhold it from the payer’s income. The fact is that if the deduction occurs from the payer’s salary, it is necessary to take into account restrictions on the amount of deductions from the employee’s salary. They are established in Art. 128 of the Labor Code of Ukraine dated December 10, 1971 No. 322-VIII and art. 70 of the Law of Ukraine “On Enforcement Proceedings” dated 06/02/2016 No. 1404-VIII (hereinafter referred to as Law No. 1404).
What is meant? After paying all necessary taxes and other payments from the debtor’s salary, pension, scholarship and other income, the so-called “net amount” of income remains. Of this amount, no more than 50% can be forcibly recovered. An exception to this rule is established for cases of collection of alimony for minor children. In this case, the amount of deductions from wages should be no more than 70%.
If it is not possible to pay in the amount specified in the executor’s resolution, the employer accrues arrears of alimony to such payer.
Although, if the employee himself writes a statement with a request to deduct a large amount from his salary, there will be no violation of the law.
Fixed amount of alimony in Ukraine
Very often, especially in our country, alimony is assigned not in a floating ratio (percentage), but in a specific, fixed amount. This happens if the alimony recipient has an irregular income, or part of his monthly income is paid not in money, but in goods or services. Therefore, the court may assign a fixed amount of payments in order to protect the child.
In most cases, sailors use this method, since it is very difficult to deduct a share from their salary.
Claim for collection of alimony payments
It is best to entrust the preparation of a claim for the collection of alimony payments to a qualified lawyer, since a claim that is not drawn up correctly from a legal point of view will lead to defeat. No, the court will order alimony in any case, but most likely in a minimal amount.
In order to receive sufficient funds to support a child, you will need to collect a convincing evidence base. This may require drawing up a significant number of procedural documents, sending attorney requests, conducting examinations, requesting documents and information, working with witnesses, etc.
Correctly and legally competently collected evidence base will allow you to collect additional alimony in a significant amount. In particular, thanks to it, you can confirm the existence of expenses for tuition (including on a contract), classes in clubs or sections for gifted children, accommodation, travel, etc.
Only a practicing lawyer can collect the database legally competently.
✅ Working with witnesses is an important stage in preparing for a court hearing. Each witness must know exactly what questions may be put to him and what he must answer to each of them. If the witness does not remember names, dates, is confused in circumstances, etc., then the court will treat his testimony critically and will not take it into account when making a decision.
Additional expenses for the child: How much should the child support provider pay?
As in previous parts, everything here is based on the Family Code of Ukraine. And it says that any additional expenses that the child requires must be paid by both parents. This concerns additional costs that are necessary for the development of the child, his treatment, or something similar.
Moreover, such expenses can be paid both before and after. If this does not happen, the parent with whom the child lives can, through the court, collect the required amount of money from the child support provider.
With all this, it should be noted that absolutely all additional expenses for the needs of the child must somehow be justified. You can’t just come and say that you need “this much money and this much money.” You need to provide receipts for everything, and also confirm the need for these additional expenses (you must provide a certificate from the hospital or extracts from your medical history, and the like).
Alimony in marriage
The obligations of the parties to support the child arise outside the status of marriage. Several articles of the Family Code of Ukraine regulate the legal relationships of spouses.
Child support
If the parents are not divorced, according to Art. 141 both bear the same rights and obligations in terms of content. Even if parental rights are deprived, the right to benefits in relation to the child is lost, but clause 2 of Art. 166 IC does not exempt from financial support.
Art. 180 of the Civil Code establishes the minimum period for maintaining children - up to 18 years. If the child continues to study, has an illness or specific development that requires additional funds, according to Art. 185 SK, assign additional funds for care and other needs and increase the payment period to 23 years.
To support a pregnant wife
According to Art. 84 of the Family Code, a pregnant wife has the right to receive money from her husband for support before childbirth and subsequent maintenance. After the birth of the child, payments continue without a separate court order. The wife can receive help until the child is 3 years old, and if the child has mental or physical health problems, until he is 6 years old.
On a note!
The wife's financial situation is not taken into account when determining the amount of payments.
Alimony debts in Ukraine
Let us immediately note that the legislation of Ukraine states that debts on child support payments can be collected forcibly only on the basis of a writ of execution. However, they can only be collected for the last 3 years before the writ of execution. So you need to submit for collection in advance, otherwise you will not see all the payments for the previous time.
However, there is a loophole here: The maximum period of 3 years cannot be applied if the alimony payer is located outside the territory of Ukraine or is wanted. In this case, subsequently the alimony payer will be obliged to pay all funds for the entire specified period (not limited to the last 3 years).
And the most interesting thing is that debts can be collected from the defaulter even after the child turns 18 years old. Once you reach adulthood, debts do not “evaporate.”
Child's coming of age
Until what age are child benefits made? Parents' obligations to pay child support arise from the moment the child is born and cease only after the age of 18. However, the Family Code of Ukraine provides for some points in which alimony payments are maintained after adulthood:
- Due to health conditions, children are disabled;
- The child continues to study at the university, and the form of education does not matter.
But when assigning such obligations, the court must take into account the financial condition of the defendant and the ability to pay for the maintenance of the child. And under current conditions, many people have to take out a loan for education. Upon completion of studies, payment of alimony in Ukraine stops.
Alimony debts and penalties for them
As in most cases with late payment for something in Ukraine, the debtor is forced to pay a “fine” on top of the total amount of debt. In the case of alimony debtors, they are also subject to a penalty in the amount of one percent of the total amount of debt. However, this is not just one percent of the total amount, it is one percent for each day of delay.
You must also understand that a penalty is charged only if the alimony payer is proven to be guilty of non-payment.
Separately, we note the case when parents independently agree on child support (without involving the court). In this case, fines for late payments can be collected from the alimony payer only if this is stipulated in the agreement between them. Otherwise, it will be legally impossible to receive a penalty.
How much should an unemployed person pay?
Here we come to the most interesting and exciting topic.
It's no secret that in Ukraine a lot of people work unofficially, which means they are unemployed. And it is very difficult to obtain alimony from such people, but it is possible. In any case, the court will stand on the side of the child and will award alimony to such a person, but in a fixed amount. After all, what percentage of income can amount to “on paper” 0 hryvnia per month?
At the same time, it is impossible to prove the existence of income even for a citizen who has a car, an apartment, or constantly travels abroad. However, the court will definitely take such details into account when making a decision regarding the amount of alimony to be awarded.
When can you apply for alimony?
In fact, as stated in the Ukrainian Family Code, you can apply for alimony absolutely at any time after the birth of a child and until the end of the period while the right to alimony still exists (up to 18 years of age or until graduation).
However, it is worth understanding that alimony will begin to be paid only from the time the application is filed with the court. And no matter how long the hearing on this issue takes, all alimony must be paid as of the date of filing the application. However, no one is obliged to pay alimony for previous months/years.
How to change the amount of alimony payment?
In fact, it is possible to change the total amount of alimony payments (in any direction), and it is very easy to do.
Again, the Family Code of Ukraine says that the child’s parents can agree on changing the amount of alimony payments on their own, or resolve this issue through the court. Interestingly, any parent can propose changing the amount of child support. Well, all changes occur on the basis of changes in the financial status, in the health of the child or the alimony payer, or there have been changes in the marital status of the alimony payer (for example, he has another child).
Please note that the updated amount of alimony will begin to be calculated only from the moment this amount is assigned by the court, and not from the date of filing the application (as happens with the moment of filing for alimony in general).
How not to pay child support debts in Ukraine?
In fact, the court is quite capable of creating an installment plan for alimony debts, or simply deferring them.
This only happens if the financial condition of the alimony payer does not allow him to pay the entire debt to his own child right now. At the same time, the court can completely (or at least partially) “cut off” debts on alimony payments. This can only happen if the same alimony holder had a serious illness during the period the debts arose, or had other serious difficulties (which must be taken into account by the court).
How to calculate alimony debt?
There are also no particular difficulties with this issue in Ukraine, because everything is calculated quite simply.
So, when calculating alimony debts, the actual earnings of the alimony holder for the “overdue” months are taken. And a certain percentage is deducted from it (25 percent per child). If a difficulty arises in the form of the alimony payer being without official income (for example, he was unemployed) for a certain period, but now he is working, then the current income received is taken as an expense.
Well, if you have a situation where the alimony payer did not work during the “overdue” period and now does not have an official job, then the amount of alimony payments is calculated based on the average salary in the region.
Note: the total amount of alimony debts can and should be established only by a special person - a state executor, a private executor, or a court.
Where to file a claim for child support?
The court where the plaintiff can apply to collect alimony is determined by Art. 28 Code of Civil Procedure of Ukraine: at the place of residence of the defendant or plaintiff.
Documents can be submitted to various types of courts:
- district - if genetic examination and paternity determination are required;
- amicable - if the parties have entered into a settlement agreement, the registration takes place according to a simplified procedure and the presence of both parties at the hearing is not required;
- to the bailiff service if there is no information about the amount of income of the defendant.
The state protects the interests of the plaintiff and allows filing for alimony in the locality where the applicant lives. If you do not know where your spouse lives, you need to provide the latest information about his actual place of residence or work, after which the services will establish the location and send a subpoena.
If the defendant lives in another country, you must choose one of two options:
- Contact a Ukrainian court, where a decision on collection will be made in absentia, after which, in accordance with the established international procedure, the ex-spouse will be included in the register of alimony debtors. The decision will be sent to the country where the defendant lives.
- Submit the collected documents to the Ministry of Justice of Ukraine, the bailiffs will send the materials to the defendant’s country of residence, where the local court, according to its laws, will make a decision and begin to fulfill the obligations.
On a note!
Often, defendants file a response with a request to reduce the amount of alimony or cancel it. While the proceedings are ongoing, payments are not suspended during the trial period.
Does the applicant need to pay a state fee for filing a claim for alimony?
According to Art. 5 of the Law of Ukraine “On Court Fees”, the person submitting the application does not pay the state fee for collecting or changing the amount of alimony for the maintenance of a common minor child or children.
All costs associated with legal fees on any issue relating to recalculation, collection of penalties or any changes in the method of collection shall be paid by the defendant.
