Minimum alimony in Ukraine
For one child under 6 years of age:
- from January 1, 2021 - 1921 hryvnia
- from July 1, 2021 - 2013 hryvnia
- from December 1, 2021 - 2100 hryvnia
For one child aged 6 to 18 years:
- from January 1, 2021 - 2395 hryvnia
- from July 1, 2021 - 2510 hryvnia
- from December 1, 2021 - 2618 hryvnia
For one child under 6 years of age:
- from January 1, 2021 – 889 UAH. 50 kopecks;
- from July 1, 2021 – 929 UAH. 50 kopecks;
- from December 1, 2021 – 960 UAH. 50 kopecks
For one child aged 6 to 18 years:
- from January 1, 2021 – 1109 UAH. 00 kop.;
- from July 1, 2021 – 1159 UAH. 00 kop.;
- from December 1, 2021 – 1197 UAH. 50 kopecks
For one child under 6 years of age:
- from January 1, 2021 – 1779 UAH. 00 kop.;
- from July 1, 2021 – 1859 UAH. 00 kop.;
- from December 1, 2021 – 1921 UAH. 00 kop.
For one child aged 6 to 18 years:
- from January 1, 2021 – 2218 UAH. 00 kop.;
- from July 1, 2021 – 2318 UAH. 00 kop.;
- from December 1, 2021 – 2395 UAH. 00 kop.
For one child under 6 years of age:
- from January 1, 2021 – 813 UAH. 00 kop.;
- from July 1, 2021 – 849 UAH. 50 kopecks;
- from December 1, 2021 – 889 UAH. 50 kopecks
For one child aged 6 to 18 years:
- from January 1, 2021 – 1013 UAH. 50 kopecks;
- from July 1, 2021 – 1059 UAH. 00 kop.;
- from December 1, 2021 – 1109 UAH. 00 kop.
For one child under 6 years of age:
- from January 1, 2021 – 1626 UAH. 00 kop.;
- from July 1, 2021 – 1699 UAH. 00 kop.;
- from December 1, 2021 – 1779 UAH. 00 kop.
For one child aged 6 to 18 years:
- from January 1, 2021 – 2027 UAH. 00 kop.;
- from July 1, 2021 – 2118 UAH. 00 kop.;
- from December 1, 2021 – 2218 UAH. 00 kop.
For one child under 6 years of age:
- from January 1, 2021 – 746 UAH. 00 kop.;
- from July 1, 2021 – 779 UAH. 50 kopecks;
- from December 1, 2021 – 813 UAH. 00 kop.
For one child aged 6 to 18 years:
- from January 1, 2021 – 930 UAH. 00 kop.;
- from July 1, 2021 – 972 UAH. 00 kop.;
- from December 1, 2021 – 1013 UAH. 50 kopecks
From January 1, 2021, the cost of living in Ukraine will increase, which also affects some social benefits. For example, the amount of child support. So, there are several criteria by which payments for children are determined, and the size of payments also changes depending on the age of the child (children).
During 2021, it is planned to increase the amount of alimony for minor children twice – on July 1 and December 1.
50% minimum guaranteed amount of child support for one child from January 1, 2021 (remained at the level of December 1, 2020):
- for children under 6 years old - 960.50 UAH;
- for children from 6 to 18 years old - 1197.50 UAH.
50% minimum guaranteed amount of child support for one child from July 1, 2021:
- for children under 6 years old - 1006.50 UAH;
- for children from 6 to 18 years old - 1255 UAH.
50% minimum guaranteed amount of child support for one child from December 1, 2021:
- for children under 6 years old - 1050 UAH;
- for children from 6 to 18 years old - 1309 UAH.
2021 data for comparison.
Minimum guaranteed amount of payments for one child under 6 years of age:
- from January 1, 2021 – 889.5 hryvnia;
- from July 1, 2021 – 929.5 hryvnia;
- from December 1, 2021 – 960.5 hryvnia.
For a child aged 6 to 18 years:
- from January 1, 2021 – 1109 hryvnia;
- from July 1, 2021 – 1159 hryvnia;
- from December 1, 2021 – 1197.5 hryvnia.
The minimum recommended monthly amount of child support for one child under 6 years of age:
- from January 1, 2021 – 1779 hryvnia;
- from July 1, 2021 – 1,859 hryvnia;
- from December 1, 2021 – 1921 hryvnia.
For a child aged 6 to 18 years:
- from January 1, 2021 – 2218 hryvnia;
- from July 1, 2021 – 2318 hryvnia;
- from December 1, 2021 – 2395 hryvnia.
According to Ukrainian legislation, a certain part of the salary is withheld from the parent who pays child support depending on the number of children:
1/4 – for one child;
1/3 – for two children;
1/2 – for three.
More than three children - half of his income is deducted from the payer, but the amount should not exceed 10 subsistence minimums per child of the corresponding age.
Employers should take this data into account, in particular, if it is necessary to withhold alimony payments from employees’ salaries in relation to the cost of living for children of the appropriate age. You should also know that the employer does not pay alimony payments to the employee from the accrued amount of sick leave.
Alimony for a minor or adult child can be paid in two ways.
- A pre-agreed amount (indexation is taken into account).
- An amount that is deducted from the salary of one of the parents and depends on its size.
- The state sets the minimum and maximum amount of alimony. The first is 50% of the subsistence minimum determined for children of the corresponding age category. Maximum – 10 living wages.
- From January 1, 2021, the cost of living for children ranges from UAH 1,779 to UAH 2,395, depending on the age category.
- For children under 6 years old: minimum – 965 UAH (50% of the subsistence level), maximum – 19,210 UAH.
- For children from 6 to 18 years old: minimum – 1198 UAH, maximum – 23,950 UAH.
The majority of Ukrainians are convinced that the minimum size is insufficient to ensure a normal life for a child, so they ask parliamentarians to reconsider these standards.
In 2021, a new Law on Child Support in Ukraine came into force, the purpose of which is to increase liability for failure to pay financial assistance to one’s children. Now debtors may be limited in such rights as: free travel abroad (even if it is a business trip), driving a vehicle, and using weapons. Such restrictions will remain in effect until the parent repays the debt.
When setting the amount of payments, the court will take into account expenses in excess of ten minimum wages, the availability of property and even bank savings. If the ex-wife knows that the spouse’s income is higher than declared, and he has something to hide, then the new alimony law has provisions that allow him to collect and present evidence of a higher standard of living than was declared.
A man who, over time, begins to earn less, has the right to file a petition to reduce the amount of alimony.
Child support in 2021: How much will you have to pay?
Since the beginning of the new year, due to the increase in the cost of living for children, the minimum guaranteed amount of alimony has also increased, which cannot be less than 50% of the cost of living for a child of the corresponding age (until July 2021 it was 30%).
When assigning the amount, the following is also taken into account:
- the child’s health and need for treatment;
- health and treatment needs of the payer;
- whether the payer has other children who need financial support;
- financial capabilities of the first parent (with whom the child lives).
For convenience, the minimum amount of alimony in Ukraine for previous years is shown in the table:
for children of age | from 01/01/2018 | from 05/01/2018 | from 01.12.2018 | from 01.12.2019 | from 01.01.2020 |
up to 6 years | 746.0 UAH. | 779.5 UAH. | 813.0 UAH | 849.5 UAH. | 889.5 UAH. |
from 6 to 18 years old | 930.0 UAH | 972.0 UAH. | 1013.5 UAH. | 1059.0 UAH. | 1109.0 UAH. |
The amount of alimony is determined and calculated in one of two ways.
Amount of alimony by agreement
In general, an alimony agreement is the fastest and most effective way to arrange alimony. The notarized document lists all the conditions for fulfilling alimony obligations, including the amount of alimony payments.
In accordance with the law, the amounts of money that children receive from their father in accordance with the agreement should not be less than those that he would pay under a court decision.
That is, the minimum amount of alimony determined by the alimony agreement must not be lower than the legal minimum. In other words:
- if the father works constantly, then the amount of alimony cannot be lower than 33% of his official income;
- if the father works irregularly and his income is unstable, then - not less than a fixed amount of money, calculated on the basis of the subsistence level or the average income of the region where he lives.
The essence of the alimony agreement is to voluntarily determine all important legal relationships for the father and mother regarding alimony obligations.
In those rare cases when it is not possible to conclude a child support agreement, the mother can file a claim in court.
The amount of child support will be determined based on information about the income of the parents.
If the ex-husband has an official and regular income, the court orders alimony as a percentage of his salary or other income. In this case, 33% must be paid for two children.
At the same time, the amount of official income on the basis of which alimony is calculated cannot be less than the minimum wage in Ukraine. In 2021, the minimum salary is UAH 6,000. If the father’s official earnings are minimal, and the mother cannot prove the presence of other, unofficial income, then the amount of alimony for two children will be minimal and amount to 1980 UAH per month.
But the court may change the amount of alimony depending on the circumstances of the case.
It also happens that the father does not work or works irregularly. To determine the minimum amount of alimony for two children, the court takes half or even a tenth of the subsistence level as a basis. It all depends on the following circumstances:
- Financial situation of father and mother.
- Marital status of parents.
- Standard of living familiar to children.
A change in the cost of living indicator entails mandatory indexation of the amount of alimony fixed by the court.
If the father has official unemployed status, then the state pays him unemployment benefits. Of this benefit, 33% is withheld - child support. If the father does not have official unemployed status, child support is calculated based on the average earnings in the region where the father lives.
If children were born from different mothers, then they have absolutely equal rights to financial assistance. True, the total amount of alimony (33% of income) will be divided equally between them. Each child will receive 16.5% of the father's income.
Since alimony for two children in Ukraine amounts to 33% of income, the final minimum values are shown in the table:
For two children age | From 01/01/2018, UAH | From 05/01/2018, UAH | From 12/01/2018, UAH | From 01/01/2019, UAH | From 01/01/2021, UAH |
Up to 6 years | 984,72 | 1028,94 | 1073,16 | 1228,59 | 1980,00 |
From 6 to 18 years old | 1227,60 | 1283,04 | 1337,82 | 1535,73 | 2395,00 |
According to the law, from July 1, 2021, the cost of living will increase. Based on this, the amount of alimony, the amount of which is indicated as a percentage of the subsistence level, will also increase.
From July 1, the amount of alimony payments will be as follows:
- Minimum amount of child support debts (half the subsistence level) for children:
- up to 6 years – 849.50 hryvnia;
- 6 – 18 years – 1059 hryvnia.
- Recommended minimum amount of child support payments:
- up to 6 years – 1699 hryvnia;
- 6 – 18 years – 2118 hryvnia.
- Maximum amounts of alimony debts:
- up to 6 years – 16,990 hryvnia;
- 6 – 18 years – 21180 hryvnia.
Conditions for recovery without divorce
The alimony agreement can be signed voluntarily or established by the court. The main conditions for claims for alimony to one of the spouses are specified in paragraph 2 of Art. 75 SK, and represent a combination of two factors:
- one of the spouses has lost the ability to work and needs help (materially);
- the second, at the same time , can provide such assistance.
Maintenance of children, as indicated above, in accordance with Art. 180 of the Family Code, is the responsibility of the parents, no matter in what form their relationship is formalized (except for cases of deprivation of parental rights).
The alimony payer has the right to demand from the guardianship authorities to verify the intended use of the funds paid, and if unlawful spending is detected, go to court to reduce payments (Article 186 of the Family Code).
Child support 2021: how the amount of payments from parents per child will change
When parents are unable to independently resolve the issue of further upbringing of the child, they need to go to court. To do this, the parent who will live with the child must draw up a statement of claim and submit it to the court at the place of registration. This statement implies the collection of alimony. Please note that all legal fees must be paid by the defendant.
Let’s not stretch this issue, because it depends solely on the number of dependents. The more children the spouses have in common (most likely, former ones), the larger the amount of payments will be deducted from the salary of the alimony provider.
The amount will be calculated depending on the number of children in the following way:
- 25% of total income – for 1 child;
- 33% of total income – for 2 children;
- 50% of the total income – for 3 or more children.
However, the amount of alimony does not necessarily coincide with the percentage indicated above. The amount of payments can be negotiated between the parties or determined by the court in a specific amount of money. Moreover, such payments can be indexed, like regular alimony (twice a year after increasing the cost of living).
In Ukraine, even alimony recipients are protected by the state, so not all of their income falls under the category of “alimony”. Part of the income cannot be used to calculate the final amount of alimony payments. In 2021, according to the law, the following incomes of citizens are not taken into account:
- Cash compensation for unused vacation at work;
- Cash compensation for transfer to work in another city/country;
- Cash compensation for business trips;
- Severance pay in case of dismissal;
- Help for treatment;
- Assistance in connection with childbirth and pregnancy.
In addition to the above, to “select” the amount of alimony, other important factors are taken into account:
- The defendant's health status;
- The financial situation of the defendant;
- The child's health status;
- Financial situation of the child;
- The defendant has other children;
- The defendant has disabled relatives;
- The defendant's possession of movable and immovable property or funds.
An officially unemployed citizen (who is not registered with the employment service) will not be able to avoid paying money for his child. This citizen will be awarded alimony based on the average salary in his place of residence.
If the alimony recipient is registered, then the amount of payments is calculated in the usual way: as a percentage of income (in this case, government payments).
You can go to court regarding a monetary recovery for child support while you are officially married. This is possible if the spouses live separately or maintain a separate household. The application procedure is the same as for a formal divorce.
Alimony from an unemployed person
If the parent who must pay child support does not work or is not officially employed, the collection process will be more problematic. But this will not help him avoid child payments.
Alimony can be withheld from the following types of income:
- social assistance for unemployment;
- scholarship;
- pension;
- rental of housing;
- economic activity.
In the case of non-permanent earnings, the applicant can apply for the recovery of alimony in the form of a fixed amount, rather than a percentage of income.
Documents required to submit to court
To apply for alimony, the applicant will need the following documents to the court:
- statement of claim for alimony in two copies - for delivery to the defendant;
- marriage or divorce certificate;
- child's birth certificate;
- a copy of the applicant's national passport;
- certificate of family composition;
- taxpayer identification number;
- notarized power of attorney, in case of representation of interests by a proxy.
If the parents are not divorced, the petition indicates family circumstances that force them to go to court for alimony:
- irreconcilable disputes regarding financial issues;
- concealment of income by the defendant;
- separate living;
- other reasons.
Amount of child support 2021 in Ukraine
In Ukraine there is current legislation that clearly states the answer to this question: payments for a child occur until he reaches adulthood (18 years).
Despite the above, Ukrainian legislation has a lot of clarifications. The most important thing is that if a child, after reaching adulthood, studies at a university, then alimony payments continue until he graduates or reaches the age of 23.
There are also lifetime alimony awards for a child with a disability. The only option to remove this type of alimony is if the child’s disability is removed.
Additional expenses that are not included in the total amount of alimony should be taken into account. We are talking about expenses for a child associated with special events:
- Costs for developing capabilities;
- Treatment expenses.
The amount of alimony is established based on the financial situation of the child and the alimony payer (does the payer have a car, real estate, etc.) and their state of health. The court also takes into account whether the payer has other children and disabled relatives (that is, who else he needs to support).
The number of children also plays a role:
- for 1 child 25% of the total income is calculated;
- for 2 children – 33%;
- for 3 or more children – 50%.
Depending on the income level of the alimony payer, he may be assigned either a 50 percent minimum guaranteed alimony amount or 100 percent.
The 50% amount of child support for one child remains at the level of December 1, 2021:
- for children under six years old it is 960.50 UAH;
- for children from six to 18 years old - 1197.50 UAH.
By law, you can change the amount of alimony
(either by agreement between the parents, or through the court - if one of them has changed their marital status or health status) or
terminate payments early
.
For example, by agreement between the parents, it is possible to stop paying alimony by transferring to the child the rights to real estate or other expensive property (that is, as if paying alimony in one tranche). Such a transaction must be certified by a notary.
Also, payments for a child under 18 years of age are stopped if he gets married. The law considers a married citizen to be a capable member of society who does not need alimony.
For non-payment of alimony in Ukraine:
- not allowed to go abroad;
- They are not allowed to use a car, hunting firearms, pneumatic or emasculated weapons, or engage in hunting.
As for driving a car, there are exceptions: if, for example, for the alimony payer the car is a means of earning money or he is a disabled person of group I or II or is undergoing military service.
Those who have an installment plan or deferred payment of alimony debt can also bypass the driving ban.
Rules for calculating alimony
First of all, we recommend that you carefully study the issue of how alimony is calculated, especially if you act as a defendant. We will talk further about the exact amounts relevant for 2021. The legislation defines general principles regarding the level of income:
- 25% of the amount of income – one child;
- 33% – two children;
- 50% – three or more children.
The legislation also determines the maximum limit of alimony - ten subsistence minimums, taking into account the age of the child. Based on these rules and the current subsistence level, specific amounts are determined.
There is also the practice of a “hard cash sum”, when payments are not tied to the cost of living. This happens quite rarely, but there are already precedents. This happens in cases where the defendant does not have a permanent official job or is a private entrepreneur. It is also possible that the court will award state assistance to the child in addition to the fixed amount.
Amount of child support in 2021 in Ukraine
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Travel abroad
Those who do not pay their alimony debts for more than six months are not allowed to go abroad. A striking example recently was a man from the Rivne region who did not pay child support for 9 years. When he tried to cross the border, he failed due to debt. As a result, he paid more than 180 thousand hryvnia, including fines.
Driving a car
Parents who are in debt to their own child cannot drive a car, motorcycle or other vehicle. True, there are exceptions here. This penalty does not apply to the debtor if:
- Driving a vehicle is his main source of income.
- Has a disability of group I or II or helps such a person.
- He is undergoing military service.
- Has an installment plan or deferment of payment of alimony debt.
Hunting and weapons
Parents who owe alimony cannot use firearms, hunting, pneumatic or bleached weapons, domestically produced devices for shooting cartridges equipped with rubber or similar non-lethal projectiles due to their properties. They also do not have the right to hunt.
Parents who owe money to their own children must clearly understand: thanks to the work of the GIS authorities, the time to pay the bills will inevitably come. It depends only on them how severe the punishment will be - forced sale of property, canceled foreign travel or a multi-thousand-dollar fine,” said Deputy Minister of Justice for Executive Service Andrei Gaichenko.
Since the beginning of the year, it has been possible to collect 4.3 billion hryvnia in alimony , of which 1 billion was due to the application of the above-described restrictions in relation to debtors.
The penalty for a month of delay is 30%, and for a year – 365%.
There are cases when people find out that they owe alimony at the border itself or in a similar situation. This happens if the mother or father received money in cash without reflecting it anywhere, and then filed a lawsuit for non-payment of child support. The reason may also be the peculiarity of the procedure for calculating alimony. They are awarded from the moment you go to court, and the case can be considered for months or even a year.
You can check whether a person is a debtor in the register of alimony debtors. To do this, you can use Opendatabot.
To test yourself in Opendatabot:
- Add Opendatabot in your favorite messenger.
- Enter your last name, first name and patronymic.
- Find out if there are restrictions related to the payment of alimony.
They closely monitor not only whether those parents who do not live with the child pay alimony, but also those parents who receive this alimony.
Guardianship and trusteeship authorities conduct regular inspections of the alimony recipient. In addition, at the request of an alimony payer who does not have arrears in alimony payments, inspections can be carried out unscheduled, but not more than three months at a time.
If it is determined that the mother or father is spending money not on the child, but for other purposes, such a family will be deprived of alimony .
The amount of child support in Ukraine in 2021.
The amount of cash payments by the defendant is determined by the new law on alimony 2021. The final amount of cash assistance depends on the size of the subsistence minimum (hereinafter referred to as the minimum wage). In the new year, the PM indicator will be:
- children from zero to 6 years of age - 1921 UAH;
- schoolchildren and teenagers up to adulthood – 2395 UAH.
- children from zero to six years of age - 1953 UAH;
- schoolchildren and teenagers up to adulthood – 2435 UAH.
- children from 0 to 6 years old – 2015 UAH;
- children from 6 years to adulthood – 2513 UAH.
The information legal portal where alimony payments for 2021 in Ukraine are posted, the table on which is 100% reliable, will help you to keep abreast of events.
Help for divorced mothers and guardians will be calculated as the difference between the subsistence minimum and the average monthly income of family members who live in the same quadrature. When assigning payments, you should understand that in court the amount of alimony may be significantly lower than with a voluntary agreement.
The beginning of the payment of alimony is considered to be the period of filing a claim with the judicial authorities. Forced receipt of funds is possible if there is a writ of execution.
What kind of financial assistance will become known during the consideration of the claim depends on the following factors:
- the child’s material security and state of health;
- the presence of other minor children of the defendant who are not able to work fully;
- other circumstances of significant significance.
Sad statistics show an increase in the number of divorces and unemployment. Regardless of the lack of permanent income for this category of persons, the child is not to blame for the father’s problems and his lack of security.
For these reasons, child support in 2021 if the father does not work is assigned in a fixed amount, which usually does not exceed the minimum amount of payments. The lack of evidence of employment or permanent residence does not allow the court to establish the percentage of alimony from earnings.
If the defendant is decent, has no problems with the law, and his difficulties are temporary, a minimum amount of alimony is assigned. If the defendant raises suspicions, has his own apartments, cars, vacations at expensive resorts and pretends to be poor, the court makes a decision if there is appropriate evidence.
Whether or not the monetary indicator of alimony can be changed is a pressing issue today. In the new year, the opportunity is provided for by current legislation, can be established by parents personally or awarded by judicial authorities. The amount of financial assistance depends on the level of wealth of the defendant and the situations forcing the plaintiff to demand increased alimony.
Lawyer's recommendations: ways to apply for alimony
In 2021 in Ukraine, there are two main ways to obtain alimony from non-payers. In the first case, it is possible to receive money faster, in the second - to receive a larger payment. Lawyers talk about the following legal subtleties of collecting funds. In the case of voluntary collection, it is recommended not to rely on the awareness of the alimony payer, since oral agreements are often violated. It is better to conclude a special agreement; in the future, it will facilitate the collection of alimony funds through the court.
As for the forced collection of alimony funds, there are two options on what to do. In the first case, you can file a claim. Thus, the official and unofficial income of the alimony payer will be taken into account. But the presence of an unofficial part of income will need to be proven.
The second method is simpler. You will need to go to court, where an order will be issued. But in this case, only official earnings or a fixed amount of funds will be taken into account. The accrued amount should not be less than half the subsistence level.
The amount of alimony will increase in Ukraine: what will the payments be in 2021?
After a divorce in the family, the defendant is obliged to pay alimony, bear other expenses and take part in the life of the child. In this situation, we are talking about financial assistance for treatment, rehabilitation, and revealing the hidden characteristics of the child. Covering the costs can be independent or judicial. The first option is considered the best, since it does not disturb the psyche of the child and mother.
The amount of alimony in 2021 depends on the legally approved minimum subsistence level. In the new year, it will be revised three times, and therefore the minimum amount of alimony may change 3 times.
The best way to collect alimony remains voluntary. A good relationship between parents after a divorce guarantees the psycho-emotional stability of the child.
The Family Code of Ukraine has developed several types of alimony, which are legally paid to parents living with the child:
- Before reaching adulthood
- Child support for an adult child if he continues his education from 18 to 23 years of age.
- Additional expenses related to the child's development: dance school, music, sports, etc.
- Alimony 2021 in Ukraine for a disabled child is calculated separately; alimony can be assigned for life; after cancellation, additional financial penalties can be imposed.
In 2021, a new draft budget has been laid down, which increases the cost of living in Ukraine, therefore, all social guarantees and payments are increased and the calculation of alimony changes. In the new budget, the guaranteed amount of alimony is 50% of the subsistence minimum for each child, depending on age. In 2021, child support in Ukraine will increase 3 times:
- Children under six years old – 1921 hryvnia.
- Up to 18 years old – 2395 hryvnia per child.
The court can establish not only the minimum amount of assistance, but also the maximum amount of alimony. In Ukraine, the legislation provides for payments but not more than 10 subsistence minimums. In this case, in Ukraine in 2021 the maximum amount of alimony will be:
1. Children under six years old from 19,210 to 21,000 hryvnia
2. Children from 6 to 18 years old 23,950 – 26,180 hryvnia.
How to receive alimony by agreement while married?
The amount of alimony can be established in advance in the marriage contract.
If it has legal force, then all specified parameters are applied without additional agreements. Next we will talk about cases of absence of a marriage contract.
The alimony agreement is concluded between the spouses and notarized . To properly draw up a contract, it must include:
- FULL NAME. sides
- Their identification data: passport numbers, other identification cards, TIN, etc.
- Subject of the agreement: alimony to the spouse or children, or to both parties.
- Amount of payments.
- Frequency of payment (monthly, semi-annually, annually, etc.).
- Form of payment: cash, transfer, in kind.
- Method of recording payment: account statement, receipt, cash receipts, etc.
- Signatures of the parties.
Let us remind you that in accordance with Art. 190 SK alimony can be replaced with property . In this case, an agreement certified by a notary is also required, which must additionally include a description of the property being transferred, the amount it replaces, and other conditions.
Alimony 2021: how the amount of payments will change
In 2021, the Ukrainian authorities submitted a bill to the Verkhovna Rada to tighten penalties for parents who do not pay child support and do not fulfill their financial obligations to the child:
1. If the husband does not pay alimony for 6 months, traveling abroad will be prohibited; any travel that requires crossing borders will be subject to careful customs control.
2. Parents who owe their children child support payments cannot drive a car or motorcycle if this vehicle is not their source of income; the law also stipulates other exceptions. For example, if the alimony defaulter has a 1st or 2nd degree disability, is in military service, or has a deferment for the payment of alimony.
3. Parents who have arrears in paying child support do not have the right to shoot firearms or pneumatic weapons, or use non-lethal throwing weapons on the territory of Ukraine. They are also unlikely to receive permission to hunt.
Often, the calculation of alimony is agreed upon without drawing up written documents or receipts, and after that the father who stayed with the child can re-sue for alimony.
Review of payments can last for years, so the payer does not always know when alimony and fines were accrued and learns about delays at the border or from fiscal services.
In order to avoid such situations, every Ukrainian can check whether he is a debtor for alimony in a specially developed online resource - Opendatabot.
To do this, you need to open the program in any messenger, enter your full name, date of birth and check whether there are any debts, fines or penalties.
In 2021, fines and censures are provided not only for non-payers of alimony, but also for those parents who live with the child and use alimony payments and state social assistance for other purposes.
Social welfare authorities regularly conduct raids and control of single-parent families and child benefits.
How not to pay alimony in Ukraine? To do this, the father or mother who gives these payments can submit an application to the guardianship and trusteeship authorities to conduct an unscheduled inspection. Raids can be no more than once every 3 months.
The minimum cost of living at the legislative level determines how much a parent will pay in a given case. At recent meetings , the Government agreed that a number of drastic measures are required to improve the well-being of the population. 4723 hryvnia is the current minimum wage figure.
If the other parent refuses a peaceful settlement of disputes, the amount of assistance is calculated separately. This will be the difference between half the cost of living per child according to age and the average monthly family income over the last 6 months.
Child support if the father does not officially work anywhere
Alimony in Ukraine can be received from an unemployed person, even if the person does not have official employment. The collection method depends directly on the current situation. If a person does not work, but receives unemployment benefits, then a certain percentage is deducted from it. The court may also use alternative sources of income - a pension, scholarship, social assistance or rental income.
How to collect child support if the father does not officially work and does not receive benefits? According to Article 195 of the Insurance Code, you can demand a percentage of the average salary in the area. This information is usually requested by executive service employees from the State Statistics Service. During the trial, unemployment may become a mitigating factor in determining the amount of alimony.
Child support 2021: what will be the new amounts from January 1
The general procedure is as follows:
- Submitting an application for an order to collect payments.
- Filing a claim.
- Simplified review.
There is no need to involve third parties in the consideration, with the exception of the situation with the establishment of blood ties. Compared to ordinary lawsuits, such cases are resolved much faster. The parties or their representatives are not even called to court. A court order cannot be canceled if a decision is made to receive at least minimal amounts from the defendant. The alimony calculator helps resolve the issue.
People go to court to collect alimony as a general rule when not minimum amounts are required, but large ones. The main thing is to prove that the child lives with the father, and the father currently lives separately. If possible, provide information regarding the income received by the other party.
If a certificate is required, a petition is first filed with the court requesting extradition. This document shows the financial situation of the defendant currently.
You cannot do without a trial if you need to recover a certain amount, but you need to prove the fact that the parents live together. This usually happens if a civil marriage has not been concluded. This is a complex category of proceedings that requires a large number of examinations and testimony of witnesses, and the collection of a documentary base.
Here we must rely on Part 1 of Article 185 of the Family Code of Ukraine. According to this law, the alimony payer is obliged to participate in other expenses related to the child and his circumstances. An example is the realization of creative abilities, rehabilitation, treatment, and so on. Coverage of expenses occurs in advance or after specified events.
The main thing is that the amounts of such penalties have appropriate arguments. Doctors' prescriptions and medical history extracts serve as the main evidence for the presence of chronic diseases in children. Then changes in alimony in Ukraine are determined.
The alimony defaulter may not give consent to travel abroad if they are related to the following purposes:
- Rest.
- Study abroad.
- Treatment.
Often it is this question that becomes the reason for pressure and blackmail on the parent with whom the child remains to live, who needs the trip to gain new opportunities. In this case, the rights of children are also violated.
But some experts believe that due to such innovations, the rights to communicate between parents and children will disappear. But this is unlikely to happen in practice. After all, those who evade paying child support are usually not interested in the life of the child themselves.
Most people of working age face unemployment in the country.
The legislation establishes the concept of so-called minimum payments. This is the amount that must be transferred in any case. The amount of alimony in this case depends on a special commission, which is assembled to resolve the issue.
The commission makes a decision based on the following factors:
- Level of security.
- Financial situation.
- Number of children in the family.
State assistance may be greater than established in legislative acts if additional difficulties are identified, including in the form of health problems. In this case, families have access to other types of benefits.
At the same time, it is planned to introduce other laws. For example, allowing the child himself to freely manage money as soon as he reaches the age of 14. In addition, only the parent with whom the minor citizen remains on a permanent basis will be able to decide in what form the fee will be charged.