Alimony in firm cash in Ukraine

Can alimony, which is ordered in a fixed amount, be less than the guaranteed minimum amount of alimony in the amount of 50% of the subsistence level for a child of the corresponding age?

In the previous edition of the SK, the minimum amount of alimony in the amount of 30% of the subsistence minimum for a child of the corresponding age was assumed by the legislator when collecting alimony in a share of the income of the alimony payer.

When determining alimony in a fixed amount, this amount was not applied, which was pointed out to the Supreme Court in its decision of 15.07.2009 in case No. 6-6426sv09 (http://reyestr.court.gov.ua/Review/4283931).

Part 3 of Art. 182 of the Criminal Code in the previous edition assumed a situation in which the amount of alimony determined by the court in a fixed sum of money could be less than the minimum amount provided for in part two of Article 182 of this Code.

In this case, the child received state aid in the amount of the difference between a certain amount of alimony and 30 percent of the subsistence minimum for a child of the corresponding age.

In the new edition of the IC, these norms are excluded, but there is a minimum guaranteed amount of alimony in the amount of 50% of the subsistence minimum for a child of the corresponding age, who is obliged to pay the alimony payer.

A systematic analysis of these norms gives grounds for the conclusion that the obligation to pay alimony in the specified minimum guaranteed amount is fully transferred to the alimony payer and cannot be compensated for by state aid.

In case of evasion of such an obligation, the legislation provides for a system of “incentives” for the payer of alimony, in particular, administrative and criminal liability.

Can the court, appointing alimony in a fixed amount, additionally indicate that its amount cannot be less than the minimum guaranteed amount?

In the new edition of the SK, the application of the minimum guaranteed amount of alimony is provided for both when assigning alimony in a share of the payer’s income, and when assigning alimony in a fixed amount.

Consequently, the amount of alimony can be determined in a fixed amount with the additional establishment of a minimum guaranteed amount.

Despite a certain textual contradiction of such a wording of the operative part (UAH 1000, but not less than 50%), this approach will contribute to the maximum protection of the recipient of alimony, and is the goal of adopting changes in the IC.

Can the court order alimony in a fixed amount, indicating the minimum guaranteed amount – 50% of the subsistence minimum for a child of the corresponding age?

According to Part. Art. 184 UK, that of the parents or other legal representatives of the child with whom the child lives, has the right to apply to the court with an application for the issuance of a court order for the recovery of alimony in the amount of 50 percent of the subsistence minimum for a child of the corresponding age.

Thus, alimony, which is assigned in a fixed amount, can be set at 50% of the subsistence level for a child of the corresponding age.

What is the reason for applying the minimum recommended amount of child support?

The new version of Article 182 of the CK to replace the term “minimum amount of alimony” came two new terms “the minimum guaranteed amount of alimony” and “the minimum recommended amount of alimony”.

The minimum guaranteed amount of alimony for one child cannot be less than 50 percent of the subsistence minimum for a child of the corresponding age.

The minimum recommended amount of alimony for one child is the subsistence level for a child of the corresponding age and can be sentenced by a court if the payer’s earnings (income) are sufficient.

The first value indicates the unconditional debt of the payer of alimony to pay them in the amount of at least 50 percent of the subsistence minimum for a child of the corresponding age. The condition for applying the minimum recommended amount is the sufficiency of the alimony payer’s earnings.

On the other hand, the courts do not pay enough attention to the study of the issue of the sufficiency of the payer of alimony earnings, which becomes the basis for canceling such decisions.

In the new edition of the IC, such a reason as “the sufficiency of the alimony payer’s earnings” is not disclosed.

Therefore, it can be understood in two aspects:

  • Adequacy of the alimony payer’s earnings for his maintenance and for the payment of alimony;
  • the sufficiency of the alimony payer’s earnings only for the payment of alimony, while the possibility of maintaining the payer himself after the alimony has been paid is not taken into account.

Based on the rule of law, the first approach is correct.

This circumstance, which is close in content to such a circumstance as “can provide material assistance”, is repeatedly used in the UK when determining the grounds for paying other alimony.

Therefore, when applying such a basis as “the sufficiency of the payer of alimony earnings”, it is advisable to use the legal position of the Armed Forces, provided for in the decision in case No. 766/47/16-c of February 28, 2018 (http://reyestr.court.gov.ua/Review/72938559).

Useful site materials divorce.com.ua:

  1. Recovery of alimony for an adult in Ukraine
  2. Recovery of alimony for parents and wife in Ukraine
  3. Method of appointment and arrears of alimony in Ukraine
  4. Alimony in firm cash in Ukraine
  5. Procedure for collecting alimony in Ukraine
  6. Application for the recovery of child support in Ukraine
  7. Reducing and increasing the amount of child support in Ukraine
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