Alimony 2019: the top 10 basic questions and answers

Responsibilities of the material contents of the child equally bear both sides - is uppercase the truth that both parents must remember and comply strictly with what would have happened to family

The material aspect of reality - one of the most sensitive and conflict in family relationships. Parties to find a compromise difficult, and the number of questions that remain unanswered, inexorably rising.

How much child support can be expected?

According to the Family Code of Ukraine minimum guaranteed amount of alimony can not be less than 50% of the subsistence minimum for the appropriate age of the child. The minimum recommended amount of support is the size of a living wage for the relevant child's age.

The minimum recommended size can be determined by a court in the case of earnings sufficiency (yield) maintenance payer.

On January 1, 2019 the size of a living wage for a child under 6 years is 1626 UAH, from 6 to 18 years -. 2027 UAH.
Thus, the monthly amount of maintenance can not be less than 50% of the cost of living for the appropriate age child. However, this does not mean that the court decision will be determined by just such its size.

If there is evidence that the maintenance payer is able to pay more money than 50% or 100% the legal minimum wage, you can ask the court to recover from the defendant larger alimony.

There is one more thing, which is worth paying attention to: there are legal rules under which the Court is not limited to the amount of earnings (income) the payer of alimony in case it turns out that that there is a cost in excess of his earnings (income), and he can not specify where he took money for their payment.

Alimony 2019: the top 10 basic questions and answers /

With no income to pay alimony?

According to Article 187 of the Family Code and article 71 of the Law of Ukraine "On Enforcement Proceedings" on child support the child shall be paid from the income of the maintenance payer, ie from wages, pensions, scholarships and so Further.

Are there sanctions for defaulters alimony?

Sanctions for non-payers of maintenance prescribed by law, in particular Article 196 of the Family Code and the Law of Ukraine "On Enforcement Proceedings". So, if the payer has delayed the payment of alimony, the recipient has the right not only to receive the debt, but also to recover a penalty (fine) in the 1% of the amount of unpaid child support for each day of delay until the date of repayment or up to the date of the decision by a court decision on recovery penalties.

Public or private artist when available to pay the debt of maintenance, the total amount of which exceeds the amount of payments for three months, is entitled to enforce not only on income but also on the property of the the debtor. In addition, the debtor may be fined in the amount of 20, 30 or 50% of the outstanding amount.

Alimony 2019: the top 10 basic questions and answers /

whether alimony without trial available?

Of course, it is possible. Can (and should) be an agreement between the parents, both oral and written, on the payment of alimony and child support. Parents can conclude an agreement on the payment of alimony.

Their payment of a certain size may be provided in the marriage contract. If the maintenance payer fails to meet its obligations voluntarily, it is to address this issue in court. If the decision of the court is not satisfied, then its implementation by force will be engaged in the state executive service.

Can I collect child support for the past period?

According to paragraph 2 of Article 191 of the Family Code of Ukraine, maintenance over time may be awarded if the claimant provide evidence to the court that he took steps, but could not get child support in connection with the avoidance of the payer their payment. In this case, the court may award alimony for the previous period, but not more than ten years.

Does the right of the payer to reduce the amount of child support?

If the parents of the child, there are purely personal verbal agreement on the amount of maintenance, the question of reducing the size of the alimony decided between them. But the law states that the amount of support determined by court order or agreement between the parents, may eventually be reduced or increased by a court decision.

To do this, the payer of alimony you must file a claim in court. Reducing the amount of support is possible in the event of a change of the material or marital status, worsening or improving health or in other cases stipulated by the Family Code of Ukraine.

Maintenance payer can transfer child support directly to the child?

Under the Family and Civil Code a minor child (under the age of 14 to 18 years) can independently receive alimony and dispose of them.

Also, the law does not ban transfer money directly to the child before the age of 14 - it may be considered alimony. In addition, parents can set how the alimony on a contractual basis.

I should deprivation of parental rights of a parent to pay child support?

Yes, I should. Article 166 of the Family Code of Ukraine established that the person deprived of parental rights, shall be exempt from duties on education, but not the content of the child. In addition, when the claim for deprivation of parental rights, the court at the same time make a decision on recovery of maintenance for the child.

Alimony 2019: the top 10 basic questions and answers /

Is it possible to collect funds for unforeseen expenses?

According to Article 185 of the Family Code of Ukraine, the parents are required to participate in additional expenses for the child due to special circumstances (eg, the development of abilities, his illness, injury).

The size of the participation of one of the parents in additional costs in the event of a dispute is determined by the court, taking into account the circumstances of significant importance. Thus, it is possible to collect funds and contingency costs for the child, which are in addition to the alimony.

Does Mom entitled to alimony for herself?

The child's mother, being married, has a right to maintenance (alimony) if a disability in need of financial assistance and on condition that the husband is able to provide it.

After the divorce, the right to the content occurs in the couple, when in connection with the upbringing of children, housework, caring for family members, illness or other circumstances that have a significant value, it was not able to get an education, to work, to take the appropriate position.

The right to the content, if the marriage was dissolved, there is in the case, if the mother of the child is able-bodied, but needs financial assistance. Mandatory requirement: ex-husband in a position to provide this financial assistance.

Also according to the family law of Ukraine adult daughter or son are obliged to maintain parents who are unable to work and in need of financial assistance. In this case, they are obliged to pay their child support in the amount established by the Ukrainian legislation.

Also you will be interested to read this: maintenance after 18, when, to whom and how much to pay