Child support amount

Child support amount

The amount of alimony in a divorce is one of the most pressing issues. The family budget is shrinking, and the child’s needs are only growing over time, so the mother, who usually remains with the children, usually finds herself in a difficult situation and is interested in help from her ex-husband.

In Ukraine, alimony can be assigned as a percentage of the taxpayer’s income (earnings) or as a fixed sum of money.

Amount of child support by agreement

Conditions for indexing alimony can be determined in the agreement itself. If the parties did not take this issue into account when drawing up the agreement, then indexation is carried out according to the same procedure as in the case of the corresponding court decision.

In a transaction, size can be set in several forms:

  • in a fixed monetary amount;
  • in shares of the income (earnings) of the alimony payer;
  • in kind, that is, by providing any property.

Amount of child support by court decision

The amount of payments by court decision is usually determined as a share of the payer’s income.

The established amount is subject to monthly payment. Often the obligation to deduct and transfer funds is imposed on the accounting department of the organization in which the father is listed as an employee.

It is also possible to assign alimony in a fixed amount. Usually the court takes this action if the payer does not have a stable income, receives it in foreign currency or in kind.

Child support payments during parental leave

If during a divorce one of the spouses is on parental leave, establishing the amount of alimony has one significant feature. When there is a child in the family who has not reached the age of three, the court can also recover from the payer funds for the maintenance of the ex-wife until the child reaches the age of three.

This measure is more than justified, because a mother raising a child often does not have the opportunity to work full-time, and government payments for a child do not adequately cover the needs of the family.

If the divorce involves maternity leave, the amount of alimony is established in one of the following ways.

  • When filed by a person on parental leave, the court must assign the alimony payer the obligation to pay funds to his ex-wife. The amount of payments is determined directly by the court in a fixed amount based on the financial situation of both parties.
  • If there are two children, and one of them is under three years old, the court must also establish payments for the wife who is on maternity leave.
  • If there are several children and they are from different marriages, each child will receive at least 1/4 of the parents’ income. At the same time, they will also have to take care of their ex-wife, who is on maternity leave.

Changing the payment method and amount of alimony through the court

If the parties have agreed after the decision to pay alimony has been made, they can enter into an agreement. To do this, you must again contact the judge on whose behalf the decision was made. The amount of payments under the newly drawn up agreement can in no case be less than what was established previously.

Changing the amount of alimony in court

Ukrainian legislation provides for the possibility of further changes in the amount of alimony. This is possible by going to court by either spouse.

The judge may change previously established amounts or percentages in one direction or another if the financial situation, marital status or life circumstances have changed significantly.

Reducing the amount of child support through the court

In order to reduce the amount of payments, you need to file an application with the court at the place of residence of the person receiving alimony. The application must be supported by relevant documents confirming the right to a reduction in the amount:

  • a copy of the marriage certificate and a copy of the court decision on divorce
  • copies of birth certificates of minor children;
  • documents confirming the grounds for the applicant’s claim, for example, changes in his financial situation or family composition.

The amount of payments may be reduced in the following cases:

  • The family in which the child lives has been supplemented by a person obligated to support him. A simple example is that the woman raising this child got married again.
  • The recipient of alimony has reached the age of 18 and has his own income (or property that generates income for him).
  • The maintenance of children is fully provided by the state.
  • The payer’s income is quite large. This is explained by the fact that the amount paid for child support may simply exceed his needs. In such a situation, the judge may be guided by the interests of the father and reduce the amount.
  • The father’s income, on the contrary, is too small.
  • If the payer’s new family has another child, he can apply for a reduction in payments from a previous marriage.
  • The father is divorced again and is required to pay child support for children from another marriage.

Increasing the amount of child support in court

One of the parties may go to court to demand an increase in the amount. You must complete an application and attach a package of documents to it:

  • copies of children’s birth certificates;
  • a copy of the transaction or court decision on the collection of alimony;
  • documentation; the content of the rationale for the requirement to change the size upward;
  • documents confirming the change in the recipient’s life situation;
  • calculation of the amount of payments and documents confirming it;
  • receipt of payment of state duty.

The basis for increasing the amount may be, for example, a discrepancy between the amount of alimony and the real needs of the child.

Amount of alimony payments for spouses and ex-spouses

The amount of alimony for a former spouse can be established by agreement or court decision. In the first case, it is determined by the parties themselves. In the second, the court assigns a decision, taking into account the family and financial status of all participants in the process.

The following requirements apply to payments per man.

  • Alimony is a fixed amount payable monthly.
  • If, in addition, a person pays under other executive documents, the total share of deductions cannot exceed half of his income.

Income from which alimony is withheld

When it comes to child support payments, all the father’s income is taken into account, namely:

  • official salary;
  • bonuses and other types of financial incentives; all allowances and additional payments;
  • government payments and deductions received by persons holding government positions, as well as municipal employees;
  • scholarships and pensions;
  • monetary allowances for military personnel and police officers;
  • incomes of those convicted of crimes;
  • unemployment benefits and payments to those laid off due to liquidation of enterprises and layoffs;

Also, alimony is levied on income from business activities, rental of any property, ownership of securities and receipt of dividends.

Income from which alimony is not withheld

Although the list of income for which alimony is paid is quite significant, there are also some categories to which this does not apply:

  • temporary disability benefits for caring for a sick child under 14 years of age;
  • severance assistance upon dismissal;
  • amounts of tax-free financial assistance;
  • compensation to the employee for unused vacation, except when a person upon dismissal receives compensation for vacation not used for several years;
  • medical benefits;
  • maternity benefits;
  • compensation payments for business trips and transfer to work in another area;
  • the cost of vouchers to sanatoriums and holiday homes provided at the expense of the enterprise;
  • subsidies for lunches;
  • compensation amounts paid for depreciation of tools and wear and tear of clothing.

Determining the amount of child support

The amount of alimony is determined either by the parties in a voluntary agreement, or by a court decision if an agreement could not be reached. In the second case, usually the amounts are assigned according to the established scheme.

If the ex-spouse with whom the child lives is on maternity leave, the court must oblige the payer to pay funds for his maintenance until the child turns 3 years old.

The amount of alimony can be changed at the request of one of the parties if there are substantial grounds.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting child support.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your case of collecting child support will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting child support.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case to collect child support, call or write to a lawyer and you will receive answers to all your questions.

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