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The Issue of Increasing the Amount of Alimony Paid

If there is a question about the need to increase alimony for the maintenance of a child and its normal development, then do not delay the appeal to the court. A prerequisite for this is the presence of circumstances in which the financial costs have been greatly increased or there is no complete satisfaction of the needs of the child.

Opportunities for increasing alimony

Child support for mothers who are independently engaged in its upbringing plays a key role and significantly facilitates such a fate. It is very difficult to cope without help in this case. Moreover, overall price growth and inflation are many times faster than the growth of wages and proper social benefits. It is in such conditions that you just need to know about the possibilities of increasing alimony and getting the maximum result when applying to the court.

The first thing you need to know when making an application for an increase in alimony is the fact that Family law in Ukraine provides for the possibility of increasing the number of payments. The second is that the court must have information about the circumstances of the deterioration of the material condition of the mother and child to make a positive decision.

These circumstances also include:

  • the father’s well-being greatly exceeds the number of payments;
  • change in the family composition on the part of the recipient or payer;
  • unexpected expenses for the treatment of a child;
  • changing the child’s living conditions, which require additional costs.

This list only serves its illustrative role. The meaning of the circumstances is that to maintain a normal standard of living for the child, additional funds were needed or other sources of financial support disappeared.

Before you file for alimony, you should calculate the approximate monetary increase that you can count on.

  1. The situation when you get from the child’s father fixed amount. In this case, you should know that new legislation on this issue has been in effect since July 2017. New legislation for those who pay child support says that their number should not be lower than half of the child’s living wage (50%) following age. Thus, at the time of 01.01.2018 alimony for children under 6 years should not be lower than 746 UAH, from 6 years – not lower than 930 UAH per month. These same amounts should be indexed, which in practice is often overlooked.
  2. The situation when the former spouse was able to find a permanent job. If you have proof of this fact, the calculation of alimony may be revised in your favor. In this case, feel free to go to court and demand that payments are made as part of the total income, and not fixed.

The parts can be as follows:

  • one child-25%
  • two children-33%;
  • three or more children – 50%.

As a conclusion, you should pay attention to the fact that part of the income cannot fall below 25%, even if the payer has children from other marriages.

What grounds can there be for increasing the number of alimony?

If the recipient is not happy with the number of funds allocated, it is necessary to take legal action. The essence of the claim should be that the number allocated as alimony does not meet the needs of the child. At the same time, the respondent has opportunities to improve the conditions for providing for the child, but he does not want to do this on his own. It is quite rare for a father to voluntarily increase the number of child support. In this case, the problem is solved without complications. It is worth starting with an attempt to negotiate to avoid complex legal proceedings.

If you want to significantly increase your chances of success, then you should deal with the very circumstances that contribute to making a positive decision on your side and the side of the child. However, the presence of reasons is only half the case. Without a good family alimony lawyer, it will be difficult for you to win a lawsuit. Kasyanenko & Partners Law Company is ready to provide you with its experience and knowledge.

Basic documents that you need

You should apply to the court at the place of residence or registration of the Respondent’s father. However, this is not mandatory if there is an urgent need to protect the interests of the child. Therefore, you can apply for at your place of residence or registration. The approximate list of documents for alimony is as follows:

  • three copies of the application for an increase in the amount of alimony. Any form, written in the state language;
  • a document to confirm your identity. Only needed for a presentation. You can use copies.
  • copies of documents confirming the fact of marriage and birth of a child;
  • a previous court order granting alimony or a copy of a civil contract;
  • document on family composition;
  • income statement;
  • receipt for payment of state duty;
  • documents that confirm one or more of the circumstances for an increase in alimony.

Make sure that the papers are issued following state regulations and have all the necessary details. When filing documents for alimony, the plaintiff does not need to pay court fees. Therefore, as we can see, there are no significant obstacles to restoring justice and improving the child’s life.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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