Rules for paying child support

Article 180 of the Family Code of Ukraine provides for equal rights for mothers and fathers, so child support is an important part of the obligations. Even if the parents were not officially married or divorced after the birth of the child, they must ensure the child's financial support.

What is alimony?

This is the name for the financial support that one family member is obliged to provide to the other as part of a voluntary agreement or court decision. The most common option is child support payments. But money can also be used to support spouses, parents, or other relatives who need financial assistance. This is a way to distribute financial responsibility among family members, which can be done in the following ways:

1. By agreement of the parties. Alimony in Ukraine can be paid voluntarily. The document must be in writing and notarized.
2. In court. If the parties fail to reach an agreement, a lawsuit can be filed in court. Based on this, the amount of payments will be determined based on the payer's income and the number of people dependent on him or her.

In addition to the monthly transfer of the established amount, there is another procedure for paying alimony. A parent may transfer real estate to a child by transferring ownership to the child. But this option is possible only with the consent of the guardianship authorities.

Peculiarities of child support payments

In order to achieve justice, it is useful to use the assistance of an experienced lawyer who will help you to correctly draft a statement of claim and, if necessary, provide representation in court. The payment of alimony during martial law does not stop, so you can file a claim at any time. The main types of child support payments:

• for minors - until the age of 18;
• after reaching the age of majority for continuing education - until the age of 23;
• for children with disabilities - until the diagnosis is withdrawn or for the rest of their lives;
• additional expenses for treatment and education.

Alimony must be paid regularly, according to the schedule set forth in the notarized agreement. The recipient is obliged to use the funds received to support the children. Otherwise, the payer may apply to the court to change the established amount or choose another method of financial assistance: transferring money to the child's personal account, in-kind support.

Alimony for a spouse

Not only under a voluntary agreement, but also in court, the obligation to provide financial support to one of the spouses may be imposed. The amount of alimony will be determined based on a set percentage of income. Recovery is possible:

• in case of disability;
• during pregnancy;
• if you have a child under the age of 3.

This is only possible if the other member of the couple has the ability to provide financial assistance. If misconduct in marriage is proven, such a person is deprived of the right to financial assistance.

Evasion of obligations

Liability for non-payment of alimony arises if payments are not received for 4 months or more. In this case, the executive service may apply restrictions on:

• traveling abroad;
• the right to drive vehicles;
• the right to use weapons;
• hunting.

Until the debt is repaid in full, the bans remain in effect. Non-payment of alimony for more than six months is grounds for community service for up to 240 hours. In case of evasion, administrative arrest for up to 10 days is permissible. In the case of malicious evasion, imprisonment for up to 3 years is possible.

Temporary state aid

If one of the parents evades his or her responsibilities, is recognized as incapacitated, undergoing medical treatment, military service, or is unknown, the state is obliged to pay alimony.

The amount will be calculated on the basis of the difference between the family income per person and the established subsistence level. Financial assistance is not provided if the child is already on state support or under guardianship.

What determines the amount of alimony

The child's parents can agree on a specific monthly amount. Another option is to allocate a portion of income for maintenance. How is alimony calculated? Not only wages are taken into account, but also pensions, bonuses, allowances, and other types of financial income. The total amount cannot be less than half of the subsistence minimum approved for a particular age in accordance with the budget for 2025:

• up to 6 years old - 2563 UAH
• from 6 to 18 - UAH 3196.

According to the laws of Ukraine, the minimum alimony payment must be at least UAH 1281.5 and UAH 1598, respectively. The maximum amount is 10 subsistence minimums.

The number of dependent children is also taken into account:

• 25% of income for one child;
• for two - 1/3;
• for three or more - 50%.

If the payer loses his or her job, the previously approved amount may be reduced, but not below the subsistence level.

Peculiarities of paying alimony

After receiving the court decision, you should apply to the executive service. The application must contain the details for receiving funds and contact information. The procedure for collecting alimony is as follows:

• the proceedings will be opened the next day after the documents are submitted;
• the state enforcement officer notifies the payer of the amount and grounds for collecting the financial security;
• the date of accrual is from the date of filing the statement of claim, so regardless of how long the case is considered, the debt accumulated during this time will have to be paid.

How does the executive service calculate alimony? According to the court decision and the declared income. However, if information about hidden sources of funds is subsequently received, the state enforcement officer will recalculate and form a new enforcement proceeding.

It is important for parents of minor children to remember that alimony is an obligation, not a desire. And the consequences of payment evasion can be quite serious.