- Determination of the amount of alimony as a share of the earnings (income) of the mother, father of the child in Ukraine
- What to consider when calculating the amount of alimony in Ukraine
- Family lawyer in Ukraine
- Methods for determining the amount of alimony in Ukraine
- An example of determining the amount of alimony in Ukraine
- Procedure for determining and collecting alimony in Ukraine
- Family lawyer about alimony in a share of earnings in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Determination of the amount of alimony as a share of the earnings (income) of the mother, father of the child in Ukraine
The share of the earnings (income) of the mother, father, which will be charged as child support, is determined by the court.
If alimony is collected for two or more children, the court determines a single share of the earnings (income) of the mother, father for their maintenance, which will be collected until the older child reaches the age of majority.
If, after the older child reaches the age of majority, none of the parents filed a lawsuit to determine the amount of alimony for other children, the alimony shall be collected minus the equal share that accounted for the child who reached the age of majority.
What to consider when calculating the amount of alimony in Ukraine
The main remark to this norm, in our opinion, is that it is necessary to move away from the stereotype of perception of a stable wage or its minimum size and the absence of other incomes of citizens.
So, if the alimony payer works only in one job, such a scheme is justified, but if he works part-time in several jobs and receives dividends, we must talk about the income of such a person.
In particular, quite often entrepreneurs hold positions of directors in their own enterprise and receive wages, but they can determine the size of their wages even in one hryvnia, and must pay alimony not only based on the amount of wages, but taking into account other incomes.
Therefore, the broader concept is income, which includes wages, therefore, article 183 of the UK should indicate the concept of “income”, and the phrase “wages” should be reflected in brackets as a special case of the recovery of alimony.
The IC provides for the procedure for determining the amount of alimony in a share of the earnings (income) of the mother, the father of the child, which is determined by the court, but at the reasonable request of the plaintiff.
For example, there are cases when, at their place of work and the conditions of production, the father or mother is forced to temporarily work part-time, the amount of alimony may be assigned by the court to 1/4 of the income received. However, if one of the spouses is disabled, the child will have a very small amount, with which one cannot agree. Such a case should become the basis for attracting other obliged persons to participate in the case, namely: grandfather, grandmother, adult brothers and sisters, etc.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Methods for determining the amount of alimony in Ukraine
Let us dwell on the methods for determining the amount of alimony and demonstrate this procedure using the example of legal practice, taking into account the provisions of the law.
If alimony is collected for two or more children, the court must determine a single share of the earnings (income) of the mother, father for their maintenance, which will be collected until the older child reaches the age of majority (part 2 of article 183 of the SK).
The practice has become quite widespread when a share of a citizen’s income, which can be collected as alimony, was no more than 50%.
If, after the older child reaches the age of majority, none of the parents filed a lawsuit to determine the amount of alimony for other children, they are charged minus the equal share that accounted for the child who reached the age of majority (part 3 of article 183 of the UK).
An example of determining the amount of alimony in Ukraine
The Ivanenko spouses had two minor children – a son, Alexander, born in 1995, and a son, Viktor, born in 2000. Although the spouses were married, in fact they had been living separately for six months already, the father systematically provided funds for the maintenance of two sons, so the wife, in order to provide the children with proper maintenance, filed a lawsuit to recover child support from her husband.
When considering the case, the plaintiff submitted a certificate of the defendant’s salary, which averaged UAH 1,000. per month, and his annual income is – 12,000 UAH. The wife’s salary is 500 UAH per month. When considering the case, the defendant told the court that he was paying alimony for his daughter Oksana, born in 1990, from his first marriage in the amount of 1/4 of his salary.
The question arises, what decision should the judge make, according to the analysis of this legal situation, taking into account Articles 182, 184 of the UK?
First of all, one should dwell on the mechanism for determining by the court a single share of the parent’s earnings (income) for the maintenance of children, which will be collected until the older child reaches the age of majority. However, from this particular case, it is possible to draw a double conclusion that the eldest child, for the maintenance of which alimony in the amount of 1/6 of the defendant’s salary is collected, is the daughter Oksana, born in 1990.
Procedure for determining and collecting alimony in Ukraine
The provision of part 2 of Art. 183 SK, in our opinion, significantly affects the procedure for determining and collecting alimony, provided for in Part 3 of Art. 183 SK. We believe that the existence of the alimony debt at the time of consideration of the case for the establishment of alimony should be taken into account by the court (Article 182 of the SK).
It must be assumed that the total amount of alimony to be collected should not exceed 50% of the income received. Indeed, according to the modern concept, the court can establish any amount of alimony, reduce or increase the amount of alimony for a child, even such that the payer will lose the desire to work, since he will have no earnings left.
But such a situation is irrational, since it will inevitably lead to concealment of the size of the salary or to the evasion of the payer from paying alimony.
The plaintiff raises the question of collecting alimony based on the following criteria:
- if the claim for the recovery of alimony for two children is aimed only at establishing alimony, then the court must decide on the possibility of collecting an additional 1/4 of the income received by the payer. That is, the established amount of alimony for the first child must remain in force, since this amount has been established by the court. Then the amount of alimony for one child will be 1/4: 2 = 1/8 of the payer’s income share;
- if the claim specifies a requirement for the recovery of alimony for two children and at the same time a requirement is made to revise the amount of alimony under Art. 192 SK, then the amount of alimony established by a court decision for the first child can be revised by the court towards its reduction, that is, 50% of the income received can be collected from the alimony payer. Then the total amount of the penalty will be 1/2 of the income received by the payer, and for each child there will be 1/2: 3 = 1/6 of the income received.
When applied to the case under study, the payer will be charged alimony in the amount of 1/6 + 1/6 = 2/6 or 1/3 if the older child does not enter the university.
Family lawyer about alimony in a share of earnings in Ukraine
In solving a case for alimony in a share of earnings, the most optimal is to contact a family child support lawyer who will help you quickly and efficiently resolve the case in your favor.
Our divorce 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 share of earnings;
- 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.
If you do not know how best to proceed with alimony in a share of earnings – call our family lawyers for divorce 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
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