Reducing and increasing the amount of alimony

Reducing and increasing the amount of alimony in Ukraine

Changing the amount of alimony in Ukraine

The amount of alimony determined by a court decision or by an alimony agreement between the parents may eventually be reduced or increased by a court decision at the suit of the payer or recipient of alimony in the event of a change in the financial or marital status, deterioration or improvement of one of them.

The amount of alimony may be reduced if the child is supported by the state, a territorial community, or at the legal request of the parents, an authorized territorial community or a legal entity that is dependent on the child, and with the consent of the guardianship and guardianship authority.

Family lawyer in Ukraine

Our lawyers are often asked the question: Can taking a loan during the period of payment of alimony be considered a reason for reducing it? Is it possible to reduce the amount of alimony with the consent of the guardianship and guardianship authority? Does the fact that the child receives assistance from the state release the child support payer from the obligation to pay child support?

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

Grounds for changing the amount of alimony in Ukraine

This article defines the subjects who have the right to initiate the process of revising the amount of alimony, proceeding only from the fact that the alimony obligations relate to the payer and recipient of the alimony.

But legal relations can be of a more complex nature. In particular, for an alimony payer who has more than one child, basically, it does not matter what deductions and in whose favor will be made from his wages (Article 183 of the SK).

Therefore, a dispute over the amount of shares of wages may concern those persons who already have the amount of alimony for a child established by the court, and those who claim to establish the amount of alimony in the interests of their children.

So, it is believed that the list of persons who have the right to bring the issue of reducing or increasing the amount of alimony before the court should be appropriately adapted to the procedure for assigning the amount of alimony per child.

If possible, judicially revise the terms of the alimony contract or a court decision that has entered into legal force, in the event of significant legal circumstances, is beyond doubt.

Legal circumstances in this rule mean:

  • Changes in the material condition, which include both an increase in the payer’s wages and the loss of his job, deductions from his wages and other payments, for example, due to harm to others, conviction, and the like. At the same time, taking a loan during the period of payment of alimony cannot be regarded as a deterioration in the financial situation, since this is a deliberate step by the payer of alimony, therefore, it must provide for its consequences;
  • A change in marital status presupposes the registration of a new marriage and the birth of another child with the alimony payer, while filing a claim against him for the recovery of alimony in favor of other family members, as well as the termination of alimony obligations in connection with the child’s coming of age should be attributed to the deterioration of his financial situation, and not to changes in marital status;
  • The deterioration or improvement in the health of the payer or recipient of alimony indicated in the commented article should be regarded in the context of their legal status. In particular, the deterioration or improvement of the health of the recipient of alimony should not affect the amount of alimony, since the child’s parents, if they were not in a registered marriage, etc., are not mutually obligated persons. As for the state of health of the alimony payer, the deterioration of his health affects his financial situation, in particular, being on sick leave leads to a decrease in his income.

The same goes for disability and the like. Consequently, these criteria are proposed to be perceived in the context of the possibility to pay alimony in the same amount and under the same circumstances that existed at the time of determining their level.

Corresponding changes in the legal circumstances of the state that existed at the time of their appointment must be taken into account by the court, and this leads to a decrease or increase in their size.

As a rule, the payer initiates consideration of the case for the reduction of alimony, and the recipient – for the increase. In this situation, the recipient finds himself in a worse position, since he not only needs to take care of and financially support the child, but also to collect information about the increase in the income of the alimony payer.

Supplements for a child from the state budget in Ukraine

Proceeding from the fact that the corresponding additional payments for the material maintenance of the child are made from the state budget, it can be considered rational guardianship and guardianship authorities to periodically monitor the financial situation of the alimony payer.

As for part 2 of this article, it should be taken simultaneously as in the context of Art. 181 of the Family Code of Ukraine, and for the subjects “involved” in this norm. It seems that the provision of maintenance by the state or territorial community, as a general rule, should not exempt the payer of alimony from fulfilling his duties.

In this particular case, it is necessary to raise the question of the possibility and expediency of spending funds for the maintenance of the child, if he receives them from the parents.

But there are cases when a gifted child receives support due to his extraordinary abilities, for example, sports, and the like.

When the question is about the maintenance of a child at the expense of a legal entity, the question arises about the prerequisites for such content.

Grounds for Reducing Alimony in Ukraine

For example, when a child is supported by a charitable organization, then its authorized representative has the right to raise the issue of reducing and even exempting parents from providing support.

But it is difficult to agree that the basis for reducing the amount of alimony is the parent’s statement and outside help, since this contradicts Part 1 of this article.

As a rule, the child retains the right to a pension, other social benefits, compensation for harm in connection with the loss of a breadwinner, even in the case of adoption (Article 234 of the SK), therefore we can talk about the child’s right to increase the amount of alimony due to state and other assistance, and not the deterioration of its content when others provide content.

Therefore, these comments should be taken into account by the guardianship and guardianship authority when giving consent to reduce the amount of alimony.

In this case, it is considered impossible to reduce the amount of alimony, which was established by a court decision, only with the consent of the guardianship and trusteeship body. It seems that a reduction in the amount of alimony is possible only on the basis of a court decision.

Family lawyer for decreasing and increasing the amount of alimony in Ukraine

In resolving a case with a decrease and an increase in the amount of alimony, 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 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 with a decrease and increase in the amount 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 reducing and increasing child support is to seek the advice of a good family lawyer!

If you do not know how best to act when decreasing and increasing the amount of 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

Can taking a loan during the period of payment of alimony be considered the basis for their reduction?
Does the fact that the child receives assistance from the state release the child support payer from the obligation to pay child support?
Is it possible to reduce the amount of alimony with the consent of the guardianship and guardianship authority?
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 “Reducing and increasing the amount of 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. Exemption of parents from paying alimony
  5. Alimony agreement between parents
  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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