Maintenance on the maintenance of a minor child has the right to charge :
- 1. One of the spouses of the other , on the conditions , if the father or mother are not holding their children : do not buy children any items not allocate funds for education , entertainment , capturing their children , words can not spend them any penny . For the recovery of maintenance is not a value , or in single parent baby live , or divorced .
- 2. Grandfather , grandmother, any who with other relatives , if there is a decision of the Court on the removal of a child from parents without deprivation of parental rights and its transfer to accommodation , grandfather , grandmother ,
to any of your other relatives .
The amount of alimony
The minimum guaranteed amount of alimony per child can NOT be less than 50 percent of the subsistence minimum for a child of the appropriate age .
Living wage for a child under 6 years of age :
- until November 30, 2019 - UAH 1699 ( UAH 849.50 -50%);
- until December 30 , 2019 - UAH 1,779 ( UAH 889.50-50%).
2020 year.
- from 01.01.2020 - 1779 UAH (889.50 UAH-50%);
- from 01.07.2020 - 1859 UAH (929.50 UAH - 50%);
- from 01.12.2020 - 1921 UAH (960.50 UAH-50%)
The subsistence minimum for a child aged from 6 to 18 years :
- until November 30, 2019 - UAH 2118 ( UAH 1059 -50%);
- until December 30 , 2019 - 2218 UAH. (1109 UAH - 50%).
2020 year .
- from 01.01.2020 - 2218 UAH (1109 UAH-50%);
- from 01.07.2020 - 2318 UAH (1159 UAH - 50%);
- from 01.12.2020 - 2395UAH. (1197.50 UAH-50%)
The minimum recommended amount of alimony for one child is the subsistence minimum for a child of the appropriate age and may be awarded by a court in case of sufficient earnings (income) of the alimony payer .
EXAMPLE:
- the minimum guaranteed amount of alimony for one child under 6 years of age until November 30, 2019 will be - 849.50 UAH ;
- the minimum recommended amount of alimony for one child under the age of 6 years before November 30, 2019 will be - 1699 UAH.
Share of earnings (income) of the mother , the father, to be charged as child support for a child , ARE Court .
If collected child support to two or more children , the court determines a single share of earnings (income) of the mother , the father to their maintenance , which will apply to achieve oldest child of legal age .
EXAMPLE from my case law:
The Shevchenkivskyi District Court of Kyiv charged the mother in favor of the father for the maintenance of two minor children alimony in the amount of 1/3 of the share of income (income). Then on another claim , in the amount of 1/6 of the share of earnings (income) for the maintenance of an adult daughter who continues her education and who needs financial assistance , despite the fact that the debtor referred to her minimum wage , an executive letter on recovery of alimony for two children and others .
Those with parents or other legal representatives of the child , with whom resides child has the right to appeal to court with the request of issuing a writ of recovery of child support in the amount per child - one quarter , two children - one thirds , three and more children - half of the earnings (income) of the alimony payer , but not more than ten subsistence minimums per child of the appropriate age for each child .
The court at the request of the beneficiary can determine the size and charge maintenance in hard currency amount .
The law provides for the recovery of alimony for an adult child who is continuing education and in need of financial assistance . Parents are required to hold them to achieve twenty- three years on condition , that they can provide financial assistance .
Questions about the recovery of maintenance is not as simple as it may seem at first glance . There are some nuances that are not covered in this article .
When considering a claim for recovery of maintenance , the Court takes into account a number of issues , which could impact on the amount of alimony , or rejection in their recovery .
There are often times when the debtor does not pay child support . Arises the question in the application of legal instruments to the debtor , collecting fines , bringing him to criminal liability , limitation to steady his way of life .
Without the assistance of a practicing lawyer, it will be difficult to resolve such issues .
