Tax and accounting insights for Ukraine
01.06.24
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The procedure for revising monthly alimony payments

Alimony is a monetary payment made by one or both parents for the maintenance of a child in the event of divorce or separation in accordance with Article 180 of the Family Code of Ukraine.

However, the amount of alimony may not always be sufficient to fully provide for the child's financial support.

Therefore, parents can independently agree to increase monthly child support payments and execute the relevant agreement with a notary.

However, if no agreement can be reached, the dispute can be resolved in court.

One of the parents may file a lawsuit to recover alimony.

The statement of claim must specify the circumstances that justify the need to recover alimony, as well as proposals for its amount and the evidence base, namely

- evidence of a change in the financial situation (certificates of income of the parents, loan agreements, any other documents that can confirm a change in the financial situation, its deterioration or improvement)

- evidence of deterioration or improvement of health (medical certificates, doctor's reports, medical histories, doctor's recommendations on the need for treatment);

- evidence confirming a change in marital status (e.g., birth of children by the alimony payer, additional expenses for the maintenance of their disabled parents).

However, there are also grounds for reducing the amount of alimony payments.

This is possible if the payer proves in court that his or her funds are not being spent for their intended purpose.

A report from the guardianship and custody authority is one way to legally confirm these concerns.

At the request of the alimony payer (except for those in arrears), the guardianship and custody authority may make unscheduled inspection visits to the recipient of alimony, but not more often than once every three months.

It should be understood that the law always takes into account the interests of the child and provides for measures to ensure the proper fulfillment of obligations by parents.

We remind you that in case of non-payment of alimony, the state enforcement officer may apply coercive measures: a number of prohibitions and restrictions, seizure of accounts until the debt is repaid, etc. (Article 196 of the CKU).

Central Interregional Department of the Ministry of Justice (Kyiv)

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