ONESTEP CONSULTING

Alimony: Legal Aspects of Divorce in Ukraine

alimenty-razdel-vybora-stati-1

alimenty-razdel-vybora-stati-1

In legal practice, the most common type of enforcement is child support payments. It’s essential first to understand this term, which everyone has heard of, but not always understand its meaning.

Alimony is a specific sum of money, allocated monthly by a family member for the material support of a minor child up to 14 years of age or a minor child from 14 to 18 years of age, in the case when parents are divorced or do not live together. Additionally, alimony can also be appointed for the support of a parent if he or she is unable to independently meet their needs.

Thus, the legislation establishes three types of alimony in Ukraine:

  • for a child;
  • for a disabled spouse;
  • for parents.

Alimony must be paid by the parent who lives separately, and for a low-income relative – only by the capable and able. Depending on the situation, payers can be spouses, parents, children, grandchildren, siblings, as well as grandparents. According to the law, obligations also apply to those who have lived in a civil union without official registration.

How to Claim Child Support After Divorce?

If a situation arises where one of the spouses refuses to fulfill their responsibilities for the material support of the child, both parties must resolve this issue through negotiation. First, it is necessary to prepare and sign a contract on the payment of alimony. This agreement must include all important points regarding payments, namely:

  • the monthly amount of alimony;
  • the date by which the funds must be transferred;
  • discuss the method by which payments will be made – in cash, transfer to a bank account, or card;
  • provide for the payment of additional funds in an emergency – illness of the child, urgent travel, etc.;
  • indicate the possibility of changing the order of alimony payments and their amount;
  • provide for the responsibility of one of the spouses in case of a breach of the deal.

If the parents wish, they can also indicate in the document a schedule of meetings and communication with the child. For this document to be effective, it is necessary to approach a notary after the completion of the deal for attestation.

Considering the complexity of official divorce proceedings, spouses do not always manage to reach a common opinion and agree, so the second option for resolving even the most complex dispute is judicial legislation.

Is It Possible to Claim Alimony After Divorce? According to family law, even if several years have passed after the divorce, the party with whom the common minor children live has the right to file a lawsuit for alimony. Alimony will be charged from the day of application to the court until the children reach eighteen years of age.

Get a consultation

ONEStepONEStep
Consultation  

The Process of Obtaining Alimony through the Court

The dissolution of a marriage is almost always a complex process. Moreover, when the spouses have common minor children, the execution of the divorce becomes even more problematic and requires the intervention of the court. When there is a dispute between the spouses, and they cannot find common ground, the most correct solution will be to go to court, as both parties wish the best for the children, but each has a different vision.

In the claim for child support payments, it is necessary to state the reasons why alimony is needed and all important evidence. Next, the lawsuit is filed in court and will be considered by the state authority, which will decide whether to appoint alimony or not, and what will be their size.

The court, examining the case of alimony collection upon divorce, takes into account the following factors:

  • The financial situation and health of both parents.
  • The financial situation and health of the child.
  • The presence of other children or a disabled spouse, parents at the alimony payer.
  • All needs and expenses of the children.
  • Other significant factors.

The court may also consider various evidence presented by both sides of the case, confirming the actual need for alimony or the ability of parents to pay them.

After a detailed analysis of all circumstances, the amount of payments is determined in court:

  • One quarter of the payer’s earnings for one child.
  • One-third for two children.
  • Half of the earnings for three or more children.

Next, the terms of payment and conditions are established if the court has ordered alimony; under these circumstances, the mother or father is obliged to pay them.

Other Types of Alimony in Ukraine

Registering a marriage, people commit to care for each other both physically and financially. Often, even after a divorce, one side’s responsibility to support the other remains. It is worth noting in which cases it is possible to claim alimony for the maintenance of one of the spouses:

  • Incapacity of the former husband or wife.
  • Pregnancy of the wife.
  • A husband or wife with whom a child has remained, who has not reached three or six years of age.

However, according to Ukrainian law, a spouse has the right to financial support only if the incapacitated needs material assistance, and the capable one can provide it.

A spouse who behaved dishonorably in the marriage or cannot financially support themselves due to committing a crime does not have the right to maintenance.

Alimony for the maintenance of parents is a legal obligation in accordance with Articles 202-203 of the Civil Code of Ukraine. For many, this comes as a surprise, but in some cases, parents have the right to alimony. Thus, adult children are obliged to:

  • Support incapacitated parents in need of material assistance.
  • Cover needs arising due to parents’ serious illness or disability.

Children are exempt from this responsibility only if the father or mother has been deprived of parental rights and subsequently not reinstated.

Subscribe to news

ONEStepONEStep
Subscribe

Our contacts

We are pleased to answer your questions and use various means of communication for this:

Ukraine, Kiev City, Velyka Vasylkivska street 25, office 34

ONEStep Privacy Policy Public offer agreement Privacy Notices

Copyright © 2021 ONESTEP, All Rights Reserved

Fill in your details

    By clicking on the "Consultation" button, you consent to the processing of your personal data.

    You can also contact us:
    +38 (093) 663-78-37

    ONEStep ONEStep

    Fill in your details

      By clicking on the "Consultation" button, you consent to the processing of your personal data.

      You can also contact us:
      +38 (093) 663-78-37

      ONEStep ONEStep