Alimony in firm cash

Alimony in firm cash in Ukraine

Determination of the amount of alimony in a fixed amount in Ukraine

If the payer of the alimony has an irregular, unstable income, receives part of the income in kind, as well as in the presence of other circumstances of significant importance, the court, upon the application of the payer or the recipient, may determine the amount of the alimony in a fixed amount.

The amount of alimony, determined by the court in a fixed amount, is subject to indexation in accordance with the law.

Family lawyer in Ukraine

Our lawyers are often asked the question: What is the amount of alimony from wages? How to collect alimony in a fixed amount? How much should the minimum amount of child support be?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

The amount of alimony is less than the minimum amount in Ukraine

If the amount of alimony, determined by the court in a fixed amount, is less than the minimum amount provided for in part two of Article 182 of the UK, then the child is assigned, in accordance with the law, state assistance in the amount of the difference between a certain amount of alimony and 30 percent of the subsistence minimum for a child of the corresponding age.

In addition to that specified in Art. 183 CK for the method of determining the amount of alimony, in Art. 184 of the Family Code of Ukraine provides for the procedure for determining the amount of alimony in a fixed amount of money, which must be due to objective circumstances.

If the payer of the alimony has an irregular, unstable income, receives part of the income in kind, as well as in the presence of other circumstances (for example, he is an artist, artist), the court, at the request of the payer or recipient, can determine the amount of alimony in a fixed amount.

In accordance with the peculiarities of the civil process, it can be argued that the court may take into account not just the statement of the payer or recipient of alimony, but the arguments expressed in the statement of claim, supported by evidence, and similar arguments presented in the counterclaim along with evidence in support of them.

Change in the amount of alimony in Ukraine

The established amount of alimony is subject to indexation, respectively, there may be a decrease and increase in the amount of alimony in accordance with the law. The fixed sum of money is usually determined by the parties, if they cannot agree on its size – the court.

Before resolving a dispute between the parties, you can also approach from different positions. However, each child should be provided with a living wage, therefore the plaintiff has the right to insist that a certain amount should be charged for the maintenance of each child, taking into account the requirements of the law.

This amount should be equal to the subsistence minimum per person per month.

In general, the amount determined is constant, but it can change taking into account further changes in the subsistence minimum, which is set for each year, as well as by indexing the amount of alimony in accordance with the law, if such an amount has been established by a court or there may be a decrease or increase in the amount of alimony by a court upon request the payer or recipient of the alimony.

To carry out such a recalculation, it is not necessary that this provision be reflected in a court decision that has entered into legal force, since it is provided for in Part 2 of Art. 184 SK. Therefore, in the case of enforced recovery of alimony by the state executive service, the corresponding recalculation must be carried out by the state executor.

In Ukraine, cases are widespread when a citizen, de facto, is unemployed, drives an expensive car, builds a house, but cannot pay alimony, since he officially has no income.

On the one hand, property rights are protected by law, and on the other hand, obligations to children must be fulfilled.

Methods for Establishing Alimony in a Fixed Amount in Ukraine

We offer one of the ways to establish alimony in a fixed amount.

So, the fact of the material security of one of the parents, who is obliged to pay alimony for the maintenance of the child, can be established both on the basis of the testimony of witnesses, and on the declaration of income, where in the column on the acquired real estate, transport, you can find information about the acquisition of expensive things for Last year.

From this information, the interested person can establish the real level of income and the corresponding level of alimony, and then go to court:

  1. If it is established that it is impossible to bring the amount of alimony for a child to the subsistence level established by law, you can file a claim with other relatives.
  2. If even such a claim does not allow bringing the amount of alimony to the subsistence level, then the claim should be addressed to the state, which in the Constitution and the UK guaranteed the child normal material security.

Determination of the amount of alimony in accordance with the amount of the subsistence minimum in Ukraine

So, we propose to move away from the stereotype of defining alimony obligations in terms of the subsistence level, stand up for the interests of the child and demand that the amount of alimony be provided for the maintenance of the child, which corresponds to the subsistence level for the child’s age.

Subsistence minimum for children under 6 years old:

  • from January 1, 2021 – UAH 1921;
  • from July 1, 2021 – UAH 2013;
  • from December 1, 2021 – UAH 2100

Subsistence minimum for children aged 6 to 18:

  • from January 1, 2021 – UAH 2395;
  • from July 1, 2021 – UAH 2510;
  • from December 1, 2021 – UAH 2618

The sizes of state social guarantees for 2021, which are determined depending on the subsistence level, are established by the relevant laws, this Law and regulatory legal acts of the Cabinet of Ministers of Ukraine.

Establish that in order to determine the minimum size of the old-age pension in accordance with paragraph one of part one of Article 28 of the Law of Ukraine “On Compulsory State Pension Insurance” from April 1 and October 1, 2021, the subsistence minimum for persons who have lost the ability to work, defined by paragraph five of part the first of this article, increased by 1 percent.

Family Alimony Lawyer in Ukraine

In resolving a case for alimony in a fixed amount, the most optimal is to contact a family alimony lawyer, who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the efficiency of solving the case in case of alimony in a fixed amount of money;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
The best way to save time and money with cash support is to seek the advice of a good family lawyer!

If you do not know how best to proceed with alimony in a fixed amount – call our family lawyers and they will help you figure out the situation!

Today you can solve any issue remotely – online, just write to the messenger (Viber, Telegram, Whatsapp) to our family lawyers.

Frequently asked questions to a lawyer in Ukraine

In what situation can the court determine the amount of alimony in a fixed amount?
What is the minimum amount of child support?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Alimony in hard cash” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Alimony as a share of earnings
  2. Additional costs for the child
  3. Exemption of parents from paying alimony
  4. Alimony agreement between parents
  5. Reducing and increasing the amount of alimony
  6. Alimony for adults
  7. How to check what alimony is spent on – control over alimony
  8. Did not pay alimony – took away the driver’s license
  9. Alimony Without Divorce – How To Get Alimony Without Divorce
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