Participation in additional expenses for the child

Participation in additional expenses for the child

According to family law, parents are required to support their child. Including a father who does not live with the child is obliged to pay child support.

However, it is possible to recover funds for additional expenses only in exceptional circumstances, namely in the case of a child’s serious illness, injury, the need for constant care and supervision, etc.

It is necessary to prove in court that bearing such expenses for a child is mandatory and cannot be avoided. You can also provide a reasonable estimate of the costs to be incurred in the future. They will also be considered additional costs.

In the case where the father pays child support, this is not an obstacle to collecting additional expenses. Because these types of expenses also fall under the responsibilities of parents towards their children.

Additional expenses (alimony) for a child: types

The procedure for each parent’s participation in bearing additional expenses is determined either by agreement of the parties or in court. Consequently, such expenses, according to the Family Code of Ukraine, include:

  • serious illness of the child;
  • injury to a child (minor or disabled adult);
  • the need for constant care of an outsider, etc.

The court determines the amount of expenses based on the submitted payment documents, expenses incurred or calculation of future expenses depending on the financial and marital status of a parent. Depending on the amount, such expenses are paid monthly or in a lump sum.

Thus, you can recover both actual costs incurred and costs that are yet to be incurred in the future. In this case, it will be necessary to prove the true necessity of such expenses, that is, it is impossible to do without them.

Collection of additional expenses for a minor child

A claim for the recovery of additional expenses for a child under the age of eighteen may be submitted by his legal representative, namely one of the parents, guardian, trustee, or adoptive parents.

To do this, you should apply to the court with a statement of claim at the place of residence of the plaintiff or defendant. The claim must be accompanied by documents confirming expenses made for a minor child (for example, receipts, checks, an agreement with a medical institution or nurse, etc.).

It is imperative to justify your demands, that is, to prove that such expenses are really necessary for the child. For example, if a minor needs expensive treatment, then the evidence will be a doctor’s opinion, certificates, etc.

It is very important to keep in mind that additional costs can be recovered even if the father is already paying child support obligations. Such expenses will be an addition to the principal liability.

Statement of claim for additional expenses for a disabled child

In the absence of an agreement between the parties, one of the parents living with the child has the right to file a claim to recover additional expenses for a disabled child. If the child is eighteen years old and the father previously paid child support, then it is necessary to file a new claim.

To recover additional expenses for a disabled adult child, two conditions must be met:

  • He must be disabled;
  • There must be a need for such expenses.

The statement of claim must indicate:

  • The name of the court, which is determined by the place of residence of the plaintiff or defendant, surname, patronymic and place of residence of one or another party in the case.
  • Next, you need to briefly but essentially state the general information, namely, that the citizen (full name) and the citizen (full name) were married, indicate the period. A child was born in the marriage (full name). The child is a disabled person of the first birth group, which is confirmed by medical documents.
  • Indicate who the child lives with. Refer to the court decision that ordered the payment of child support and in what amount.
  • If funds are needed for treatment in a medical institution, submit to the court a medical report on the need for treatment and calculation of expected costs. The costs need to take into account the medicine, services and the cost of staying in the clinic. State the amount of future costs in the future.
  • Tell us about your income and marital status (for example, existing dependents, other obligations, etc.)
  • Next, a reference should be made to the norms of the Family Code of Ukraine, on the basis of which the child has the right to recover additional expenses. The next very important point is to clearly state the requirements. For example:
  • “I ask you to recover from a citizen (full name) in favor of a female citizen (full name) an amount in the amount of (specify a specific amount) for additional expenses for a disabled child (full name).”

In this case, it is necessary to add copies of all documents to which the plaintiff refers, proving the need to collect such expenses.

Collection of additional expenses for a child through the court

Judicial practice is developing in such a way that courts consider mainly only the circumstances provided for by the Family Code of Ukraine to be exceptional. However, if the court considers a case on withholding additional expenses, all circumstances are taken into account. Including the financial and marital status of one party or another.

The court also takes into account the norms of other regulations, as well as state support. In some cases, citizens themselves do not believe that they can receive free drugs for treatment, a quota for treatment in a medical institution or an operation. Sometimes you need to collect the necessary package of documents and get in line.

If such actions are not taken, the court will most likely come to the conclusion of refusing to satisfy the claims. In this case, the court will refuse to satisfy the demands, since there is no evidence of the plaintiff’s actual money.

Judicial practice is clear when all documents are provided and the need for expenses is proven. Requirements for costs, including future costs, are subject to satisfaction.

Depending on the defendant’s income, costs are charged as a fixed monetary amount or as a percentage of earnings or other income.

Answers from a lawyer about alimony and additional expenses for children
A claim was filed to recover additional expenses for the child. The case is suspended because the court fee has not been paid, what is the amount of the court fee to collect additional costs?

Payment of additional child expenses after divorce

If circumstances arise due to which a parent living together with a child requires additional support for the maintenance of their child, he has the right to make such a claim to the court. At the same time, additional expenses may be required for both adult and disabled adult children.

In order to recover such expenses in court, exceptional circumstances must be proven, namely serious illness, injury, the need for constant supervision, etc.). The list of such circumstances is not exhaustive.

If such circumstances arise, you should go to court. First you need to collect a package of documents confirming the need for such expenses, as well as confirming such expenses (future expenses).

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