Exemption of parents from paying alimony

Exemption of parents from paying alimony in Ukraine

Release of Parents from the Obligation to Maintain a Child in Ukraine

Parents can be exempted from the obligation to support the child if the child’s income is much higher than the income of each of them and fully meets his needs.

Parents can be released from the obligation to support the child only by a court decision. If the child has ceased to receive income or his income has decreased, the person concerned has the right to apply to the court with a claim for the recovery of alimony.

Family lawyer in Ukraine

Our lawyers are often asked the question: What are the circumstances for the cancellation or complete termination of the payment of alimony? How to cancel the decision to collect alimony? Is it possible to exempt from the obligation to support a child without the participation of a court?

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

In what case are parents exempt from the obligation to support a child until his majority in Ukraine

Although in Art. 180 UK states that parents are obliged to support the child until adulthood (although in some cases the court may also order child support for adults). But this norm provides for the provision that parents can be exempted from the obligation to support the child if the child’s income is much higher than the income of each parent and fully meets his needs.

The paradox of perception of these provisions in the aggregate is that the obligation to maintain a child extends until his majority, and this, despite the fact that there are provisions of Articles 34, 35 of the Civil Code, which stipulate cases of acquiring full legal capacity before the age of 18.

In particular, in the case of registration of a marriage of an individual who has not reached the age of majority, he acquires full civil legal capacity from the moment of registration of the marriage. In this case, the emergence of such legal circumstances can be stated:

  • the emergence of a new family and, in connection with this, the obligation of the other spouse to support the husband or wife;
  • the ability to provide yourself financially with your labor,
  • and, consequently, the absence of the obligation of the parents to support the child with full civil legal capacity.

As you know, a child today may have his own salary (part 1 of article 35 of the Civil Code) and even a significant amount, in particular, when he acts in films, there may be income from the activities of enterprises belonging to him, interest on securities, income from inherited real estate, and the father, who pays alimony, can have a salary of only 500 UAH, so he should be exempted from paying them.

The procedure for releasing parents from the obligation to support a child in Ukraine

Such release is possible only in court, by filing a statement of claim, but this applies to cases where there is a court-established obligation to pay alimony or it is established on the basis of a notary’s executive note.

The plaintiff in this case may be: one of the parents or both, if they are entrusted with the obligation to support the child, for example, if the child is sent to a state or municipal health care institution, an educational or other institution, alimony based on a court decision will be collected from them on the general grounds (part 2 of article 193 of the SK).

The defendants in the case can be: one of the parents, as well as other persons providing support to the child, the child himself.

Here you should pay attention to the fact that a claim cannot be brought against a guardian or curator if these persons do not support the child, but only bring him up.

These persons can only be considered representatives of the interests of the child, and not materially interested persons (Article 249 of the UK).

The subject of proof includes the facts of the child’s full provision, the presence of an income that significantly exceeds the income of each of the parents.

Evidence of the child’s material well-being in court in Ukraine

The evidence in the case is:

  • availability of real estate;
  • documents of title, certificate of the right to inheritance, documents certifying the presence of securities, evidence of participation in business entities;
  • constituent documents, certificates of the presence of cash accounts, bank statements from a personal account, a lease of real estate, etc., certificates of salary of one or both parents, documents on the presence or absence of other income, certificates of the health status of parents, for example, father became disabled of the 1st group and receives a meager pension.

It should be noted here that the inheritance of a property by a child cannot be considered a sufficient basis for determining the level of a child’s security in the literal sense, but such an object can be used to generate income, and it is the latter that is the basis for establishing the level of a child’s security.

For example, a grandfather bequeathed to a child a house in a village, the cost of which is insignificant. This fact cannot be a reason for reducing the amount of child support, since the child may not live in this house, cannot rent it out and cannot refuse it in order to receive certain funds.

It is another matter if the child was bequeathed to an apartment in Kiev, the cost of which can be very significant. When the child lives with his parents, and the inherited apartment is rented out, then the rent must be used to support the child.

It is in this case that it can be considered that the child does not need material support from the parents and alimony for his support may be reduced or not collected from the parents, but the other parent must substantiate his claims.

For example, if the income received by the father is 400 UAH, and the income from renting an apartment is 1000 UAH, then the child is more financially secure than his father.

Court decision on release from the obligation to maintain a child in Ukraine

After assessing all the evidence, the court, taking into account the circumstances of the case, may decide to satisfy or refuse to satisfy the claim for release from the obligation to support the child.

In the event that a decision is made to satisfy the claim and its entry into legal force, since in Art. 367 Code of Civil Procedure we are not talking about the fact that in this category of cases can be applied immediate execution, it is the basis for the state executor to close the enforcement proceedings in accordance with paragraph 5 of Art. 37 of the Law of Ukraine “On Enforcement Proceedings”.

But specialists should be drawn to the fact that this norm (part 2) is also aimed at ensuring the child’s alimony rights.

It states that if the child has ceased to receive income (for example, the company is declared bankrupt) or his income has decreased (the business is not profitable), the person concerned has the right to go to court with a claim for the recovery of alimony.

It should be noted that such interested persons include the second parent, guardians, trustees, foster caregivers. And in our opinion, the child himself at the age of 14 years can be attributed to interested parties, since, as provided for in Part 2 of Art. 179 of the Family Code, in the event of the death of the parent with whom the child lived, alimony is his property.

A minor child has the right to independently receive and dispose of alimony in accordance with the Civil Code of Ukraine.

Family lawyer on the exemption of parents from paying alimony in Ukraine

In solving a case when parents are exempted from paying alimony, the most optimal is to contact a family divorce 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 promptness of the decision of the case when the parents are released from the payment of alimony;
  • 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 while exempting parents from paying child support is to seek the advice of a good family lawyer!

If you do not know what to do when the parents are exempted from paying alimony, call our family lawyers and they will help you understand 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

Under what circumstances can parents be exempted from the obligation to support a child?
Is it possible to exempt from the obligation to support a child without the participation of a court?
Can the inheritance of a real estate object by a child be considered a sufficient basis for determining the level of a child's provision?
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 “Exemption of parents from paying alimony” was useful for 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. Alimony in firm cash
  3. Additional costs for the child
  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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