Alimony as a share of a man’s income
Income-sharing child support assumes that the amount of payments will be determined by a specified percentage of the father’s salary (or other sources of funds). For example, he receives 4000 UAH per month. If alimony is assigned in the amount of 1/4 of the income, or 25%, then the amount of payments will be equal to 1000 UAH. monthly.
As a rule, the deduction of amounts in this case is handled by the accounting department of the organization in which the payer works.
Calculation of alimony as a share of earnings
Alimony in shares of income for minor children is awarded by the court in all situations that do not have any specific conditions. This means that they occur not only during divorce, but also during family life. For example, a man has completely abandoned parental responsibilities and does not provide his child with everything necessary. In this case, the wife has every right to demand the recovery of maintenance through the court, because this is the legal responsibility of every parent.
There are even more difficult situations when both parents abandon the child. In this case, the plaintiff may be the guardianship and trusteeship authority acting in the interests of the minor, then both adults may be required to make payments.
And, of course, accrual is possible when parents divorce and the future fate of the children is determined. Alimony can be established either by a voluntary agreement concluded between spouses who are divorcing, or by a court decision. As already mentioned, if there are no unusual conditions that require a revision of the standard accrual method, the income share option is used.
The amount of alimony as a share of the man’s income
The minimum payment values are regulated by the Family Code of Ukraine. In most standard situations, the court establishes these in its decision, if this does not contradict the interests of the child or parents. A voluntary agreement also cannot establish a smaller amount of payments.
The share depends on how many children there are in the family.
The court may deviate from the specified values and, for example, divide payments into parts, one of which will be determined by the share of income, and the second by a fixed amount in a multiple of the subsistence level.
Changing the amount of alimony as a share of income
The legislation provides for the possibility of changing the particle size in one direction or another, that is, they can be reduced or increased. Moreover, both parents have the right to go to court with such demands.
The Family Code provides ways to change the volume of shares depending on the method of their establishment.
- Voluntary agreement. In order to adjust the terms of the transaction, the will of both parties is necessary. If there is such a thing, they need to draw up a document with amendments and have it certified by a notary. If there is no agreement, the plaintiff (initiator) has the right to go to court, presenting evidence of the other party’s refusal and justification for its claims.
- Judgment. If alimony was prescribed by a judge, then to change the amount you need to contact him again, providing a significant reason and its evidence, for example:
- birth of children in the payer’s new family (birth certificates, statements of family composition);
- significant change in salary level (income certificate), etc.
Advantages of calculating alimony as a share of earnings
Child support in shares has a significant advantage if the parent has a sufficiently large and stable income and does not hide part of it. And the procedure as a whole is faster and requires less effort than in the case of a fixed amount.
This method of calculation can only be used when it comes to the maintenance of minor children.
Alimony as a share of the payer’s income
Alimony in shares of the payer’s income is calculated when the amount of support for a minor child is determined. This can happen in both marriage and divorce.
Not only the court, but also the parents themselves have the right to establish payments through a voluntary agreement.
Standard particle sizes are determined by the Family Code of Ukraine. Moreover, if the amount is determined in the transaction, it cannot be less than that regulated by law.
Both parties have the right to demand changes in the amount of payments if they have serious reasons for doing so. When there is an agreement, parents can do it themselves with the participation of a notary. Otherwise, the case is resolved through the court.
This method of calculation is quite convenient and beneficial for the child if the payer has a regular and fairly large income. In addition, it takes less time and effort than calculating a fixed amount.