Support for a child in a hard money year 2023 — How to Retrieve?

In most cases, maintenance is recovered as a proportion of the payer ' s income when the person under maintenance has a stable income (income) and the retention of interest on maintenance is not difficult; however, if it is difficult to recover the shares for any reason, maintenance may be difficult.appointed in a firm amount of money(TDS).

When can maintenance be recovered in a solid amount of money?

The conditions for the recovery of maintenance in the TSS for minor children are listed in article 83 of the Criminal Code:

1. If the evasive parent is unemployed and has no other periodic income to recover.
2. If the future payer ' s income is unstable and volatile, and it is difficult (impossible) to recover maintenance from it.
3. When the payer receives wages in foreign currency or in kind (product).
4. If a share of the income is significantly contrary to the interests of one party, it may be both the payer and the payer.

In addition, alimonyalways appointed by the courtA flat-rate maintenance rate shall be:

Amount of maintenance in TDS

Amount of flat paymentsmultiple of minimum subsistence levelIf the child is not identified in the subject, the PM for Russia, which part of the PM will have to be paid as alimony, depends on such factors:

1. The degree of need of a minor: to receive additional education, to have a disease that is costly to treat, and so on.
2. The family and financial situation of the child ' s parents: both the future contributor and the recipient of the funds: state of health, availability of other dependants, level of income, etc.

Most commonly, the PM value is dividedEquitablely between parentsSince they are to participate equally in the maintenance of a common child, however, when necessary and justified, the amount of maintenance is determined in a different proportion from the PM.

Judicial practice

As a general rule, when deciding on the amount of payments, the courts take into account the child ' s property status before the dissolution of the family (at the beginning of the separation of the parents).

The basic principle guiding the judges is:Maintaining the old level of securityA child.

This takes into account whether the child attends additional clubs and sections for which payment is required.

Sometimes claimants insist on a fixed payment even if the future payer has a stable source of income.amount of the defendant ' s salary:: If the child ' s share payments do not violate the child ' s interests and satisfy the child ' s basic needs, the courts shall deny the claim and award alimony as a percentage of the income.

If, on the other hand, the court finds that the defendant ' s official income is understated and the proportion of such income does not fully support the child, a fixed amount may be set:

An example.Svetlana R. filed a claim for child support from Alexey R. ' s ex-husband to the TDS of 7,000 roubles. Alexei has a permanent job, but his earnings, according to the income certificate, amount to 11,280 roubles per month, which corresponds to the minimum wage in 2023. Consequently, the amount of maintenance in the shares is only 2,820 roubles; however, Svetlana knows that the former spouse has a new car and has recently purchased an apartment in the building house of an elite district of the city. These arguments have been corroborated by evidence. Given these circumstances, the court granted the plaintiff ' s claims and fixed the amount of maintenance at 7,000 roubles per month.

If the defendant has a large salary, the court may also collect a fixed amount of child maintenance:

An example.Igor's salary is 120,000 roubles a month. Igor is married twice, has three children in the last marriage. Igor's ex-husband applied for alimony in favour of their joint child's share of the father's income - 120,000 / 4 = 30,000 roubles.

Igor did not agree with the plaintiff ' s claims in the court proceedings, and counter-claimed the willingness to pay alimony in a firm amount of 12,000 rubles a month: he considers the amount to be sufficient for a son who covers the child ' s entire subsistence minimum and meets his basic needs, while Igor ' s claim for alimony as a percentage of one-fourth of the child ' s earnings (i.e. 30,000 rubles per month) is excessive, since alimony must be paid for unjustified enrichment and only to meet the child ' s priority needs.

The defendant also argued that in the second marriage he had three dependent children and a non-working housewife, taking into account the balance of interests of the parties, the amount of the subsistence minimum per child in the region and the age of the child in need, the court granted the plaintiff ' s claims and the defendant ' s counter-claims, setting the alimony at a firm sum of 12,000 roubles.

How do you apply for a solid amount of alimony?

A fixed amount of child maintenance may be allocated in two ways:

• On a voluntary basis, by entering into a maintenance agreement with the notary;
• In a court-martial procedure, by applying to a justice of the peace for recovery of funds.

Recourse to court is inevitable if the second parent refuses to support the child or does not agree to a notary maintenance agreement.

It does not matter whether the parent earns, is unemployed or has a disability group, the child will be paid by the court and the amount will depend, among other things, on the income of the future payer.

The first way for parents is to pay, because the document agreement must be confirmed from the notary. The estimated cost of the service is 5,000 to 6,000 rubles (the father or mother can pay it, or half it is agreed by the parties).

The second method (suit before a court) is free of charge for the applicant (because there is no State duty), but the defendant will have to pay 150 roubles if the claim is successful – article 333.19, paragraph 1, of the Russian Tax Code.

Formulating an agreement for the payment of maintenance

Conditions for the conclusion of a voluntary notary agreement:

There must be full agreement between the father and the mother.on All AspectsMaintenance payments:

• by the size of the firm amount;
• The date of payment;
• The way in which funds are credited (transfers);
• The procedure for indexing payments;
• Responsibilities of the parties.

The amount of maintenance should be no less than it would have been if it had been brought before a court – article 103, paragraph 2, of the Russian Federation.

Procedure for the conclusion of the agreement:

• The mother and father of the child attend the notary together;
• The following documents are required for the execution of the procedure:
• The parties ' passports;
• The birth certificate of the child (on the birth of the child out of wedlock is a proof of paternity);
• a certificate on the salary of the future payer.

If the child is 14 years old, it must bePersonal presenceIf one of the parents is unable to be present at a specialist ' s office, he may represent another person on a notary ' s power of attorney.

A notary agreement is issued on a special form on the day of its conclusion, with legal effectExecutive sheet(art. 100, para. 2) and as a result of non-compliance, the original may be transferred to the debtor ' s workplace or to the bailiff ' s office for enforcement.

Claim for payment of maintenance in a firm amount of money

A fixed amount of maintenance cannot be recovered by a court order, since a hearing is necessary to determine the exact amount to be paid, which is why a claim must be filed with the court.

Statement of claim for maintenance in TDSis brought before the justice of the worldthe place of residence of either the plaintiff or the respondent (as convenient as the applicant) and contains:

The opening part (or " cap " ) of the claim, which indicates:

• Name and address of the vessel;
• Claimant, F.I.O., address, contact number;
• The defendant and the same information about him.

Title: "A claim for payment of maintenance in a firm monetary amount in the order of article 83 of the UK".

The main part, which reflects:

• Brief information on the situation (family information, divorce, separation);
• The absence from the legal parent of material participation in the child ' s life;
• A description of the child ' s need for maintenance in a fixed amount, indicating the choice of such a method of recovery, i.e. one of the grounds for article 83 of the SC;
• The justification for the required size of the TSS, i.e. providing the court with information on the monthly costs of the child with checks, receipts and other evidence.

The claim is based on articles 80, 81 and 83 of the Code of Criminal Procedure for the recovery of maintenance from the defendant in the TDS (specify the amount).

List of attached documents (supplied by number of persons involved in the case; in this case, in two copies for the court and the defendant):

• A copy of the plaintiff ' s passport;
• A copy of the birth certificate;
• Family composition certificate;
• Certificate from the claimant ' s place of work (if any);
• The child ' s employment certificate (in the case of employment: school, kindergarten);
• Documents confirming the additional costs of the child (reports on visits to institutions of supplementary education, cheques, receipts, contracts, etc.);
• Other documents (which, in the plaintiff ' s view, are relevant to the case).

To download a sample of the claim for maintenance in a firm amount of money

The application with the documents attached may be submitted by the applicant himself to the office of the court or sent by mail by registered letter with notice; the parties shall be notified of the appointment of the hearing by a summons or a text message.

Procedure for holding the execution sheet

The total of the trial becomesCourt decisionon the recovery of maintenance in a fixed amount and additional document -Executive list.

The executive list shall state precisely with the court ' s decision:

• F.I.O. of the future payer;
• The amount of maintenance required;
• The period for payment of the funds is until the child ' s majority.

Once the court ' s decision has become enforceable, the plaintiff may withdraw the executive notice from the court assistant and present it to the territorial department of the bailiff ' s office for the initiation of the maintenance enforcement proceedings (IP).

Once the IP is in place, the payer is employed by the bailiff: he informs the parent of the existence of a monetary obligation and monitors its performance.

If the payer is not employed or is engaged in business activities and it is not possible to send an executive notice to the maintenance worker (because it is not available), it is incumbent on the bailiff to control the disbursement of the funds, as well as on the payee himself. If the payment results in delays, the recipient is required to notify the bailiff in order to track the maintenance debt and apply the full range of measures available to the debtor in order to motivate its repayment.

Indexation of maintenance in a firm amount

"Indexation" means a form of protection of the fixed amount of maintenance against the rise in consumer prices for goods and services; since alimony refers to long-term payments and prices are constantly rising, an unaltered firm amount would periodically lag behind price increases and would eventually become negligible.

Article 117 of the Russian Federation provides for the indexation of maintenance recovered from the TDS in proportion to the increase in the subsistence minimum (PM) per child in the region of residence and, if it is not established for the region, in proportion to the increase in the value of the PM as a whole in the Russian Federation.

It must be borne in mind thatIf the PM is reduced, the amount of maintenance remains unchanged(P. 5.2) "Methodological recommendations on how to comply with the requirements of the executive documents for the recovery of maintenance dated 19.06.

2012 No. 01-16, followed by "Methodological recommendations...".

Indexation for maintenance recovered as a share of the payer ' s income is not envisaged because wages under article 134 of the Labour Code of the Russian Federation must be indexed by the employer, and the amount of the payments will therefore increase with an increase.

Formula for indexing maintenance in hard cash amount

The calculation of maintenance indexation is simple and is presented in paragraph 5.2, "Methodological recommendations...":

(Stable amount of maintenance / active PM) x modified PM = maintenance after indexation

An example.With Ivan M., alimony of 5,000 roubles was collected in the TDS. The minimum living allowance for the child was 9,500 roubles in the region. After some time, the PM increased to 10,000 roubles for the child. Consequently, the indexation of maintenance from Ivan should be calculated as follows:

(5,000 / 9,500) × 10,000 = 5,263 roubles

Where:.......................................................................................

• 5,000 – Court-established TPZ;
• 9,500 - old PM per child;
• 10,000 – a new set of PMs for the child;
• 5,263 is the amount of maintenance in TDS after indexation.

The indexed amount of funds must be paid by the payer before a further increase in the PM.

The obligation to index maintenance rests with the employer and (or) the bailiff, and if the recoverer observes that there is no indexation of the payments received, he has the right to apply to the bailiff for such a request in accordance with article 117 of the Criminal Code, article 50 of the Act No. 229 on execution proceedings.

Can the child ' s benefits be changed?

The fixed amount of maintenance can be changed, and this right is provided for either party to the maintenance relationship under article 119 of the SC.

You can change:

All changes in maintenance relations can only be settled by a court if the alimony is recovered through a court; if the payment is ordered by agreement, it can only be amended by agreement between both parties and, if this is not possible, by judicial procedure.

The following are the reasons for changing the amount of maintenance in the TDS:

For the recipient, there is a lack of consistency in the amount set to meet the child's priority needs (for different reasons - maturity, new needs for education, development, treatment, etc.);

For the payer, the reasons are strictly respectful:

• A serious illness of a person or his or her close relatives (wives, children, parents) linked to a large amount of material investment, disability, dependency;
• The availability of new persons in need (dependants) is the appearance of children, the inability of parents or a new spouse to work.

Application for change of maintenance in TDS:

• If the claimant is a payer, he may only file an action at the place of residence of the beneficiary of maintenance;
• The attached documents should provide justification for the change in the amount of the payments – the disability certificate, the court decision to award new alimony payments, and so on;
• has a special feature with regard to the payment of State duty.

If the claimant changes the amount of the maintenance money in favour of a minor child, he or she shall not pay a State duty (art. 333.36, para. 2 and 15), of the Tax Code of the Russian Federation. If the contributor claims to change the fixed amount, he or she shall be paid a State duty in general order of 300 roubles.

Model claim for reduction of maintenance:

Model claim for increased maintenance:

Maintenances in a firm amount

The notion of "hard cash" speaks for itself — a monthly payment to the person in need of it.fixed amount of moneywhich remains unchanged in the event of a change in the payer ' s income, family, social or other status.The creation of a debtequal to that amount.

In contrast to the share of maintenance, a firm monetary amount (TDS) is awardedmultiple minimum subsistence levelin the region of residence of the person in need (and, if not established, by the subsistence minimum in the country as a whole, as determined once a quarter by the Government of Russia) andsubject to indexationIn proportion to the quarterly increase in the subsistence level.

It should be noted that when the subsistence minimum is reduced, which is determined by the cost of the consumer basket and can be reduced by the lowering of the price level, the "hard" level of maintenance is fixed.Not subject to reduction- Under article 117 of the Family Code of the Russian Federation.

Payment of maintenance in a firm amount of money

Maintenance in favourUnderage childrenThere are, however, several categories of persons in need who are entitled to maintenance.only fixed size:

In order to begin to receive payment of a firm sum of money, the claimant must make a statement in this regard.Court of JusticeWith the corresponding claim for "Recovery of maintenance in a firm amount of money", based on the documentary basis of the claim.

Fixed child support

The conditions for the recovery of maintenance payments in a firm amount for minor children are set out in article 83 of the Family Code:

The absence of a notarized agreement between the parents on the maintenance of the minor;

The existence of circumstances preventing the payment of alimony as a percentage of wages:

• The future alimony payer has irregular or variable earnings (for example, his employment is contracted by the PSC) or is unemployed;
• The alimony payer is an individual entrepreneur;
• The income of the parent is received in whole or in part in kind or foreign currency;
• Maintenances established on the basis of earnings may significantly affect one party ' s interests (taking into account the interests of both the payer and the recipient).

Support payments to a disabled child after 18 years of age

The conditions for the award of maintenance in a fixed amount for an adult child who is unable to work include:

A person ' s attainment of majority;

A child ' s inability to work:

• The existence of a disability established since childhood (i.e. a disabled child after the age of 18);
• The acquisition of disability of 1 group (above 2) after reaching majority.

Maintenance of the spouse

The spouse (including after the dissolution of the marriage) is also entitled to a fixed monthly maintenance payment if this is:

Child support payments to parents

Unable to work parents in need have the right to bring a claim for maintenance in a firm amount against their children in the following cases:

• The parent in court has proved to be in a difficult financial position and in need;
• An adult child refuses to voluntarily assist his or her needy parent;
• The father or mother had previously performed in good faith the duties of raising a child until the child reached the age of 18 (not further deprived or restricted of parental rights with respect to the children).

Any person referred to above (or his or her legal representative) who is entitled to maintenance in a firm amount will be able to exercise this right byApplication to the Magistrate ' s CourtIn accordance with the rule of alternative jurisdiction, i.e., in the world court, the defendant's place of residence or residence (art. 29 of the Criminal Code of the Russian Federation).

• Answer a few simple questions and receive a collection of site materials on your own occasion.

An action for the recovery of maintenance in a firm amount is made in accordance with article 131 of the Code of Civil Procedure of the Russian Federation and consists of:

"Shoots"- that is, the address that indicates:

• Name and address of the vessel;
• Claimant (name of F.I.O., address, contact telephones);
• Respondent (his personal data, address, contacts).

Main (motivative) partwhere the following are briefly presented:

• To whom must alimony be recovered (child, spouse, parent);
• The reason for the payment of maintenance (coerciveness of the person);
• Justification of the amount of the firm amount.

Claims for claim:

• The allocation of monthly payments in favour of the individual in accordance with the established amount;
• Bringing witnesses to court (if any).

Documents attached to the suit:

• A copy of the plaintiff ' s passport;
• A copy of the birth certificate;
• Copies of the registration or dissolution of the marriage;
• Copies of receipts confirming the claimant ' s monthly expenses;
• Certificate from the claimant ' s place of work (if any);
• A certificate on the claimant ' s salary (or other income of the claimant).

Documents and the statement of claim are attached.in two copies(one for each of the parties for the court and the defendant) The following is a sample of the claim for a fixed amount of maintenance.

The plaintiffs shall not be liable to a State duty if they bring the claim before the court. 150 rubles of State duty shall be imposed on the defendant on the application under article 333.36, paragraph 15, paragraph 1, of the Code of Criminal Procedure.

Fixed maintenance

When the plaintiffs are about to file a lawsuit before the courts, they often do not represent them,How much is the firm monetary valueAccording to article 117 of the Russian Federation, fixed alimony is set by multiple subsistence minimums.That's the judge's job..

However, in establishing the required amount of maintenance in a firm amount of money, to ensure that the approved maintenance is consistent with the child maintenance costsThe plaintiff must:

1. A couple of months before the claim is filed, collect checks and receipts related to the child ' s expenses.
2. Calculate the total average cost per child per month (including estimated costs of food, seasonal clothing, shoes, school expenses or kindergarten receipts, extra classes, medicines and vitamins, etc.).
3. To divide the total expenses in half, in the sense of equal participation of both parents in child maintenance, ideally the amount received should be covered by the approved maintenance, which would be the basis for the judge's determination of the "hard" level of maintenance.

An example.Catherine T., in order to file a claim for hard maintenance for her daughter for about three months, prepared cheques and receipts to support the costs of her 11-year-old daughter: school meals checks, rent receipts, a fall set of clothing and shoes, stationery, a child ' s sports dance in the studio. The total amount per month for the maintenance of the girl was 12,000 roubles. Considering that parents must participate equally in the maintenance of the common child, the requested firm monetary sum from the defendant was estimated at 6,000 roubles.

In addition to the amount of child maintenance costs, the court considered the award of maintenance to justify the amount of the firm amount.will have to be taken into account.The defendant ' s financial situation, social status and marital status (including the existence or absence of other children who may not also be affected by their material rights).

Can maintenance be changed?

The amount of maintenance to be paid is the amount that may be changed on a number of occasions on the application of either party to the maintenance relationship (payer or recipient)If there are compelling reasons for doing soMaintenances in a fixed amount are not an exception, so they can be changed:

• with a larger fixed size and a smaller size- When the payee acquires a disability, the birth of a third and subsequent child in a new family, and the needing of another relative;
• less declared size by more than- When additional costs are incurred for the child (in connection with illness, supplementary education or other noteworthy circumstances);
• with previously established hard-earning shares- If the amount in the shares substantially violates the interests of one of the parties;
• with a fixed amount per percentage retention- in the case of a fixed amount that is significantly lower than the possible retention in shares and, if the amount already received does not fully meet the needs of the person in need.

How do you change the amount of alimony payments?

A change in the amount of maintenance previously awarded can only be initiated by filing a claim with the world court under the rule of alternative jurisdiction, which provides that:

• The essence of the action is the infringement of the legal rights of the claimant or the recipient of the earlier payment;
• The new requirements for the court are arguments to establish a new level of maintenance and to justify it.

Whether there will be a change in the amount of maintenance or the manner in which it will be collected will be decided by the court on a case-by-case basis, which will be decided by the court and issued with a new executive note (and the previously issued document is no longer valid).

Model claim for change of maintenance

The claim for change in the amount of maintenance in the TSS can be downloaded here.

At the Volodarsky District Court Station in BryanskBryansk, Gorbatov Street, 2

Claimant:Petrov Elena Victorovna, registered and resident at:

Bryansk, Gorbatov Street, 4-1, tel.

Defendant: Petrov Oleg Pavlović, registered at: Bryansk

Street Celesnerev, 14-178, tel. xhhhhhhhhhh

Claim for an increase in the amount of hard cash previously recovered

Maintenance in Ukraine

Truth defends itself. Cicero.

ConceptMaintenance in UkraineThere's a lot of rumours, speculations, and false stories. Add to this regular changes in the law and you'll be more likely to make a mistake that will change the rest of your life.

On prosto-alimenty.com, we will describe in detail all the features of the recovery, payment and indexation of maintenance on Ukrainian territory in accordance with the laws in force for 2018-2019.

If you have any more questions, leave them in your comments, and our lawyers will answer them quickly, and you can also request legal advice through a form of feedback.

Contents:

Concept and allocation of maintenance payments

The care and material security of a family member in need is a direct obligation of his or her able-bodied relatives, a rule that has been enshrined by the legislator in the Family Code, thus defining the concept and allocation of alimony payments.

In other words, alimony is a legal relationship between family members (e.g. parents and children) in terms of content in which one party is obliged to provide the other party with maintenance on the basis and in accordance with the procedure established by law, and the other party in turn is entitled to claim such maintenance; thus, for one party, maintenance is a right and for the other party an obligation.

Such are the children, the wife, the husband, the parents who, because of their age, illness or disability, are unable to support themselves.

In order to protect their rights, Ukrainian legislation has established in the Family Code the procedure, the amount and the means of payment of maintenance.

Types of maintenance in Ukraine

In accordance with the provisions of current legislation, the following types of maintenance payments exist in Ukraine:

Child support- are maintenance obligations:

• This right is defined in article 180 of the Criminal Code and is granted to the child from birth until the child reaches the age of 18.
• After 18 years of age, maintenance is provided for under article 199 of the Code of Criminal Procedure and is provided to a child who continues his or her education until he or she reaches the age of 23.
• An adult disabled child who needs material assistance (art. 198 of the Code of Criminal Procedure).
• The obligation of parents to contribute to the additional costs of a child caused by special circumstances, in accordance with article 185 of the Code of Criminal Procedure, includes expenses for the development of the child ' s abilities and the treatment of illness or injury.

Support for parentsThese are the obligations of adult children:

• Maintenance of disabled parents in need of material assistance (art. 202).
• Participate in additional costs for parents caused by severe illness and disability (art. 203).

Maintenance for a spouse- is the maintenance obligation of the second spouse:

• Unable to work spouse (art. 75).
• A wife during pregnancy (art. 84).
• In this case, alimony is paid until the child reaches three years of age and, in some cases, six years of age (art. 84, 86).

Each type of maintenance is governed by the provisions of the Family Code and has its own characteristics in terms of size, accrual rules, payment or recovery procedures.

Who Pays Maintenance

Under Ukrainian family law, it is the duty of the parents to pay alimony for the maintenance of the child and the duty to maintain the needy family member on the basis of an able-bodied relative who is able to provide such assistance.

Thus, the payment of maintenance may be made by:

• Child ' s parents
• Adult children
• Couples
• Other relatives (grandparents, siblings, stepfathers, aunts and uncles).

Maintenance in marriage and without it

Living together without formal marriage is a common phenomenon in our country, and sometimes there are some difficulties, such as the recovery of maintenance without marriage, the raising of children or even the recognition of paternity as a common-law husband.

The relevant sections of our website will give you comprehensive information, and if you still have any questions, the online consultants will answer you.

In addition, through our legal portal, you will be able to understand the subtleities of recovery of maintenance without dissolution of marriage.

How to Retrieve Maintenances

The law provides for two arrangements for the payment of maintenance by one party to a second party:

• voluntary
• Forced

The voluntary payment of maintenance involves an agreement between the child's parents; this agreement is usually made orally on a trust basis; however, there is also a written form, either by drawing up a maintenance contract or by writing a corresponding application for payment of such payments at the place of work of the father/mother of the child.

A compulsory form of recovery of maintenance occurs in the event of a dispute over the provision of maintenance funds; it consists of the application of one of the child ' s parents to the court in the following manner:

• penalty proceedings through application for a court order
• a claim is filed through the filing of a claim.

You can find examples of a lawsuit you need on the application page.

The court, in turn, reviews the application, examines the evidence submitted by the party and orders the recovery of maintenance from the father/mother to the child.

On the basis of the court ' s decision, an executive list is issued and presented to the executive service at the place of residence.

The public employee opens proceedings on the sheet and sends orders at the place of work for the recovery of maintenance.

When Maintenance Starts

It depends on the manner in which such liabilities are paid:

• If alimony is voluntarily paid by the second party, the parties shall determine between themselves the date on which the payment of such payments begins.
• If alimony is joined by a second party in a compulsory (judicial) manner, the date of the filing of the claim will be the beginning of the payment.

How maintenance counts

In voluntary or judicial proceedings, alimony shall be paid in cash by means of the following penalties:

• Part of earnings (income)
• Amount of firm cash

The law does not specify which portion of the earnings or the amount to be paid by the maintenance payer; this obligation is therefore subject to the discretion of the court and is determined on a case-by-case basis.

In turn, the court, when deciding a case, takes into account all the circumstances that may affect the amount of maintenance and may also vary according to the ratio of the amount received to the subsistence minimum per child of the relevant age.

The most important factor in determining the amount of such payments is that they should be sufficient but proportionate to the purpose of the maintenance obligation.

Amounts of maintenance in Ukraine

On the question of the amount of maintenance in Ukraine, people are increasingly asking whether there are boundary amounts that determine the amount of maintenance:

• minimum size............................................................................
• maximum size..................................................................

According to article 182 of the Criminal Code: "The measure of maintenance must be necessary and sufficient to ensure the harmonious development of the child.

The minimum guaranteed amount of maintenance per child may not be less than 50 per cent of the minimum subsistence level for a child of the same age.

The minimum recommended amount of maintenance per child is the subsistence minimum for a child of the relevant age and may be sentenced by the court if the maintenance payer's income (income) is sufficient." This amount is calculated independently on the basis of the subsistence minimum data taken from the budget laws for a given year.

With regard to the maximum amount of maintenance, there are two nuances:

• The maximum limit for all contributions from wages has been regulated by law; in the case of payments from wages on several executive lists, more than 50 per cent of wages cannot be recovered and in the case of child support, more than 70 per cent (art. 128 of the Labour Code of Ukraine, art. 70 of the Act "On Executive Proceedings", para. 23 of the Decision of the Plenum of the Supreme Court of Ukraine "On the application by the courts of certain norms of the Family Code in cases involving paternity, maternity and recovery of maintenance" of 25 May 2006 No. 3).
• The maximum amount of maintenance per child may not exceed 10 minimum subsistence levels for a child of the same age (art. 183 of the SCU).

Thus, in 2018, the maximum amount of maintenance per child is:

• Since 1 January 2018, Hrv 14920, Hrv 15590 from 1 July 2018, Hrv 16260 from 1 December 2018;
• From 1 January 2018, 18600 hryvnias, from 1 July 2018, 19440 hryvnias, and from 1 December 2018, 20270 hryvnias.

In 2023, the maximum alimony is as follows:

• From 1 January 2023 to 16260 hryvnias, from 1 July 2018 to 16990 hryvnias, from 1 December 2018 to 17790 hryvnias;
• From 1 January 2018 to 2070 hryvnias, from 1 July 2018 to 21180 hryvnias, from 1 December 2018 to 22180 hryvnias.

How to change the amount of maintenance ordered by the court

Under article 192 of the Criminal Code, "the measure of maintenance determined by a court decision or agreement between the parents may be reduced or increased over time by a court decision in the event of a change in the material or family situation, deterioration or improvement of the health of one of them and in other cases provided for in this Code".

Therefore, in order to change the amount of maintenance, it is necessary to bring the relevant claims before the court and to properly argue them.

The reduction in maintenance is usually due to the birth of another child by the payer, a significant deterioration in his/her material condition or a deterioration in the payer ' s health, in which case he/she will file a claim for a reduction in maintenance payments to the court, attaching all necessary evidence to him/her.

Indexation of maintenance payments

The maintenance index is a mechanism for raising the amount of maintenance determined by the court in a firm monetary amount, which allows for the partial or full recovery of the price of goods and services on the Ukrainian market.

In accordance with current Ukrainian legislation, alimony awarded in hard cash amounts is subject to indexation (art. 184 of the UK), and the detailed procedure for indexing already assessed maintenance payments is discussed in the article.

How much alimony is paid

Not from all income, the payer is obliged to pay alimony, but the question is, what kind of income is the alimony paid, is both the payers and the accountants who make the relevant payments, for some it is the control of their income and expenditure, for others the correct accounting.

A precise list of the income from which maintenance is to be written off is set out in article and approved by Ordinance No. 146 on the list of types of income to be taken into account in determining the amount of maintenance per spouse, children, parents or other persons.

In addition, the document also defines a list of income from which alimony is not recovered.

How to sue for alimony

If a maintenance contract cannot be negotiated, the claimant will have to apply to the court to obtain maintenance, and the plaintiff will choose which court to apply to, whether in his or her home or in the defendant's home.

The application to the court is made either in the form of an application for a court order or in the form of a statement of claim, and it is necessary to specify the data of the payer and the recipient of the maintenance (place of employment, income, marital status) and the name of the person to be paid maintenance (usually the child).

The application is sold to the court, accompanied by the necessary package of documents.

Maintenance papers

Before you start the maintenance process, you need to collect and prepare the following maintenance documents:

• copies of passport and INS
• Child birth certificate
• Marriage certificate
• Court decision on divorce if the marriage has been dissolved
• Family composition certificate or act

The plaintiff may also need other documents to confirm and substantiate his claims for maintenance.

How maintenance is recovered

On the basis of the outcome of the proceedings before the court, the applicant shall receive:

• Court decision or order
• Executive list

On the basis of these documents, maintenance will be recovered.

If you have obtained documents from the court, you will need to contact the executive office and write an application for the commencement of the enforcement proceedings for the recovery of maintenance.

The public servant will open the execution proceedings, which will be ordered to send to the recipient and to the alimony payer, and it will then be the public servants who will determine both the amount of the income and the amount of the maintenance.

Maintenance debt

In the event of a debt of maintenance attributable to a person who is liable to pay maintenance by a court decision, Ukraine provides for the following liability:

• Civil (debt-pension)
• Criminal (punishable by community service or arrest or restriction of liberty on lines defined by the Criminal Code)

Different types of liability for evasion of maintenance may be applied, depending on the particular situation, as described in more detail in the article.

Maintenance legislation

The procedure for the calculation, amount and recovery of maintenance in Ukraine is governed by the following legal and regulatory acts:

• Family Code of Ukraine
• Code of Civil Procedure of Ukraine
• Law of Ukraine "On executive proceedings"
• Act on the State Budget of Ukraine for 2017
• Act amending certain Ukrainian laws on indexing the amount of maintenance determined by the court in a firm monetary amount
• CMU Decision No. 189 of 22 February 2006 approving the procedure for the appointment and payment of temporary State assistance to children whose parents refuse to pay child support are unable to support a child or whose place of residence is unknown.
• CMC Regulation No. 146 of 26 February 1993 "On the list of types of income to be taken into account in determining the amount of maintenance per spouse, children, parents or other persons"
• Decision No. 3 of 15 May 2006 of the Plenary of the Supreme Court on the application by the courts of certain norms of the Family Code of Ukraine in cases concerning paternity, maternity and the recovery of maintenance

Feel free to seek help from specialists, and timely counselling can make a fundamental difference and save a lot of money and a lot of nerves in the future.

Get legal advice

The legal portal prosto-alimenty.com allows users to obtain qualified legal advice on maintenance in Ukraine free of charge.

To do so, you only need to fill out the form and describe the substance of the question. If necessary, you can attach the documents already in your possession. Our alimony lawyers will give you an answer within a few hours on any matter of interest to you regarding maintenance.

Child support in hard cash for 2023

The most common way of paying maintenance is to pay a child ' s share of the wage; however, it is not always possible for a child to receive decent maintenance from one of the parents, and in some cases the preferred option is to establish maintenance in a firm amount of money.

A lawyer specializing in family and legal relations would help to understand all the details of the calculation and payment of maintenance, and professional support might also be required in the event that the payment of a minor had to be made to the courts.

Receive primary advice from several companiesfree of charge:: Make an application and the system will pick up the right companies!

59 companies connected to this service

Start rebounding in multiple clicks >

What are maintenance in a firm amount?

The payment of a fixed sum of maintenance means that the payer will be required to pay monthly amounts in the amount fixed by the court order, without reference to monthly earnings.

The value of the subsistence minimum shall be taken into account.

Under the current regulations, the monetary amount paid is calculated on a multiple basis as to the subsistence minimum (if this minimum increases, the payments will be indexed).

In what cases is the monthly child ' s money fixed by the court?

• The payer earns income in currency (or his/her salary is paid in kind);
• The payer has an unstable income;
• The payer has no income.

The circumstances under which a decision on the establishment of maintenance is made are set out, and if the court considers that the child ' s interests can be ensured by a fixed payment, the procedure will be applied.

How does the recovery of maintenance take place?

In order to obtain a firm sum of money, it will be necessary to file an application with the court; the application must contain information on the plaintiff and the defendant, a list of the requirements of the court, references to the provisions of the law and a list of annexes.

• A copy of the plaintiff ' s passport;
• A child ' s birth certificate on which alimony is collected;
• A certificate confirming the child ' s residence with the plaintiff;
• Information on the plaintiff ' s income;
• Calculation of the amount to be recovered;
• Justification of the amount claimed.

How are maintenance payments calculated?

Setting the amount of money to be paid to the child is very often a matter of disagreement between the parties concerned, and the general rule in 2023 is that the amount of money is set at a multiple minimum of 1/2 or 1/4 and so on (depending on the number of children).

The criteria for determining the amount of maintenance are as follows:

• The child ' s income should remain at the same level;
• The financial situation of the child ' s parents must be taken into account;
• It is imperative that all other circumstances that merit attention be taken into account.

When a claim is brought before a court, the applicant explains why he requests payment of a specific sum of money, and in order to calculate maintenance in a fixed amount, account shall be taken of the cost of food and accommodation of the child, payment of medical services, school or kindergarten expenses, payment of sections and clubs, purchase of stationery, etc.

As a general rule, the amount of money requested by the recipient of maintenance must cover half of the child ' s expenses.

It should be noted that the applicant is not required to raise the amount to the minimum subsistence level: this will be done by the court.

The judicial authorities take into account the amount of the subsistence minimum in the region (if the applicant lives in the constituent entity of the Russian Federation, where this amount is not calculated, it is based on federal figures).

Is the amount of maintenance allowed to be changed?

There are no legal restrictions on changes in the amount of money, so maintenance may be increased or reduced in 2023; both the recipient and the payer are entitled to apply for change; the reason why maintenance may be changed in 2023 is most often the change in the financial position of the parties.

The recipient of the payment may request the court to increase the amount due to loss of employment, illness, increase in the number of dependants, and in some other cases.

Payers are more likely to take the initiative to reduce the amount of money spent on alimony.

The main reason is a decline in income, and it is therefore not possible for the payer to pay back the same amount.

The important point is that in 2023 a change in the amount of maintenance payments, which are made in a firm amount, can only be made by a court decision, which means that, on its own initiative, neither the payer himself nor the accountant who makes the payments at his place of work is entitled to pay less than the payments determined by the court.

Some alimony payers provide the court with unreliable information about their income.

If there is evidence that the information is incorrect, the party concerned may appeal the decision.

It should also be noted that the court-appointed maintenance money is indexed and indexed to ensure that the monetary amount is not "absorbed by inflation".

Since payments are tied to the subsistence minimum, which is converted four times a year (i.e. quarterly), the indexation of maintenance payments is also carried out four times a year.

Can we agree without a trial?

The child ' s parents have the right to make their own arrangements for the payment of maintenance in a firm amount, which will require the conclusion of a settlement agreement which will specify the amount of money paid by the child ' s maintenance provider on a monthly basis.

In 2023, such an agreement was subject to notarization; in order to prevent the minor ' s interests from being violated, it was established that the amount determined by the settlement agreement could not be less than the amount determined by the court.

In summary, the payment of maintenance in a fixed amount of money in 2023 is possible, and in many cases this is the only way to ensure the maintenance of a minor.

But, of course, it is not always possible for the court to set a fair amount of money for alimony, because, despite any tightening of the law, many alimonyers continue to hide their income.

In such a case, the complainant must take care to collect evidence and, through the court, obtain an increase in the child ' s cash payments.

Payment of maintenance in a firm amount of money

• Often, child support payments do not cover child support costs.
• Especially if the amount of maintenance is less than the subsistence minimum.
• A solution to this problem may be the recovery of a firm amount of maintenance.
• Maintenance in a firm amount of money is an alternative way of determining the amount of alimony payments.
• Unlike the general method (identifying alimony as a share of earnings), this method defines alimony as a multiple of the subsistence minimum.
• Maintenances in a firm amount may be recovered subject to the conditions specified.
• Maintenance in a firm amount shall be recovered by the court, provided that the maintenance agreement between the parents is not concluded and the parent paying... or if the recovery of maintenance in the form of a share of earnings violates the rights of the child or the parent paying.
• The parents themselves, without trial, may arrange for the payment of a fixed amount of maintenance.
• A written, notarized agreement to be drawn up will, by mutual agreement, determine a firm amount of maintenance to be paid on a monthly basis.
• The main condition is that this amount should not be less than the amount that the court would have determined when filing the claim.

Agreement on the payment of maintenance in a firm amount of money

The process of recovery of maintenance in a firm amount of money is carried out only through the court.

The claim must include: Pay attention! Maintenance payers often hide their real earnings from the court — provide minimum wage certificates, "zero" declarations.

1. In addition to the official certificates, any proof of his capacity to pay is needed to ensure that a firm amount of maintenance is in line with the real material capacity of the payer.
2. In the claim, it is worth making a claim for maintenance pending the completion of the trial.
3. This is necessary in order not to leave the child without any means of subsistence if the proceedings are prolonged.
4. The payment of maintenance shall begin at the time of filing the claim.

In some cases, alimony may be recovered in the past three years.

• If the court satisfied the plaintiff ' s claim, all amounts, including the amount of State duty provided by law, would be recovered from the defendant.
• For more information on the state's alimony application, read the article "The State is responsible for the recovery of maintenance in 2023".
• The amount of maintenance is calculated on the basis of the subsistence minimum approved by the Government of the Russian Federation in a given region of residence.
• This takes into account the child ' s place of residence and not the alimony payer.
• If a minimum subsistence level is not established in a given region, a fixed amount of maintenance will be determined on the basis of the minimum subsistence level throughout the country.
• In some cases, the court may establish a combined method of determining the amount of maintenance.
• For example, if the payer has a basic job with a fixed wage and an additional, non-permanent income, the court may require him to pay a share of the constant wage and a firm monetary amount (e.g. 0.5 subsistence minimum) with an additional wage.

As mentioned above, maintenance in hard cash amounts is determined on a multiple basis by the subsistence minimum (at mid-2018 it amounted to 10,594 roubles) – a Russian-wide or established amount in a particular region of the country – and a solid amount of maintenance can be equal to both 2 and 1/10 of the subsistence minimum.

1. In order to challenge the court ' s decision to establish maintenance in a firm amount of money, a counter-claim must be filed in order to provide the court with evidence that the plaintiff had been provided with false information or false documents.
2. The amount of maintenance payments may be revised upward or downward at the initiative of the payer or the recipient of the maintenance.
3. The reason for this may be a change in material or marital status.
4. An increase or decrease in the firm amount of maintenance shall be made by a court of law.
5. Neither the maintenance payer himself nor the accountant of the enterprise at the place of work of the payer has the right to stop payments on their own or to change the amount of the payments without a court decision.

Judicial practice on the retention of maintenance in a firm amount of money

• This takes into account the child ' s place of residence and not the alimony payer.
• If a minimum subsistence level is not established in a given region, a fixed amount of maintenance will be determined on the basis of the minimum subsistence level throughout the country.
• In some cases, the court may establish a combined method of determining the amount of maintenance.
• For example, if the payer has a basic job with a fixed wage and an additional, non-permanent income, the court may require him to pay a share of the constant wage and a firm monetary amount (e.g. 0.5 subsistence minimum) with an additional wage.

As mentioned above, maintenance in hard cash amounts is determined on a multiple basis by the subsistence minimum (at mid-2018 it amounted to 10,594 roubles) – a Russian-wide or established amount in a particular region of the country – and a solid amount of maintenance can be equal to both 2 and 1/10 of the subsistence minimum.

In order to challenge the court ' s decision to establish maintenance in a firm amount of money, a counter-claim must be filed in order to provide the court with evidence that the plaintiff had been provided with false information or false documents.

1. The amount of maintenance payments may be revised upward or downward at the initiative of the payer or the recipient of the maintenance.
2. The reason for this may be a change in material or marital status.
3. An increase or decrease in the firm amount of maintenance shall be made by a court of law.
4. Neither the maintenance payer himself nor the accountant of the enterprise at the place of work of the payer has the right to stop payments on their own or to change the amount of the payments without a court decision.

Maintenance of hard cash in 2023

• In order to change the amount of maintenance ordered by the court, there must be substantial grounds – changes in the material or family position of the payer or recipient.
• The material situation may deteriorate or improve, and changes in the marital situation may change as a result of the emergence of dependents (childbirth, disability and need of parents).
• For example, it is possible to reduce the amount of maintenance in the event of such changes in the material and family situation of the payer or the recipient of the maintenance...
• Changes in family and material circumstances may also be the reason for the increase.
• It is difficult to imagine such a situation, but in theory a father can apply for an increase in maintenance when his income increases.
• It is more likely that the child ' s mother will require an increase in maintenance, for example due to a decrease in her income.
• Thus, the reasons for increasing the amount of maintenance may be: When the amount of maintenance is reduced or increased, the need and capacity of both parents must be taken into account.
• Thus, when payments are increased, the alimony payer should not be left without means of subsistence.
• And when reduced, the child should not be deprived of the necessary material goods.
• Beneficiaries often complain that a fixed amount set by a court or agreement "eats inflation".
• To prevent this from happening, the law provides for another way to increase maintenance — indexation.
• Indexation is an increase in the firm amount of maintenance based on an increase in the subsistence minimum.

The amount of the subsistence minimum is determined quarterly at the federal or regional level, and maintenance is indexed (recalculated) by the bailiff or the payer's employer.

1. The following formula is used to index maintenance: the amount of maintenance in a firm monetary sum / the amount of the subsistence minimum at the time of the court decision and the determination of the amount of maintenance in a firm monetary amount X the amount of the subsistence minimum at the time of the indexation = the amount of maintenance resulting from the indexation.
2. The court determined the recovery of maintenance in a firm amount of money, a multiple of the subsistence minimum, to be 1.5 times the subsistence minimum.
3. A citizen of Andrushchenko filed a lawsuit against a citizen of Ivanov for the payment of child support in a firm amount of money.
4. In the statement of claim, she stated that, following the dissolution of the marriage, the common son lived with her because Ivanov often changed his place of work.
5. He had previously received a salary of 10,000 rubles and had voluntarily paid at least 2,500 rubles of alimony.
6. At the moment, Ivanov is receiving low wages – only 5,000 rubles, and no alimony.
7. The recovery of maintenance as a percentage of the earnings in question would significantly affect the child ' s interests.

On the recovery of maintenance in a firm amount of money

• The Court considered the argument that the recovery of maintenance as a share of Ivanov ' s earnings would be a significant violation of the interests of the child to be noteworthy.
• Under article 83, paragraph 1, of the Criminal Code, the court is entitled to establish monthly maintenance payments in a firm amount of money if another form of punishment violates the rights of the child.
• In addition, the Court has taken into account the provision of the Decision of the Plenum of the Supreme Court of the Russian Federation No. 9 of 25 October 1996, according to which, in determining the firm amount of maintenance, the child should, to the extent possible, maintain the same level of material security.
• The court takes into account the material and family circumstances of the child's parents, Andrushchenko and Ivanov.
• The Court found that the recovery of maintenance as a share of earnings would not only violate the child ' s rights, but would also significantly reduce the child ' s previous level of material security.

The court determined the amount of maintenance in a firm monetary amount of 1/4 of the subsistence minimum, which was 2,648 roubles at the time of the judgement.

First, if the court does not establish interest on the indexation of the hard maintenance amount, in a few years the child will simply be short of money.

Second, there is no guarantee that the court ' s fixed amount will be higher than the share of the maintenance payer ' s earnings or higher than the subsistence level.

Deficiencies include a lengthy and complex trial.

This method of protecting their rights and the rights of the child is used by mothers (sometimes fathers) who support the child virtually alone, and the problem is the following: Affiliating Fathers can be conditionally divided into two groups - Sheeps and Wolfs.

1. The Court considered the argument that the recovery of maintenance as a share of Ivanov ' s earnings would be a significant violation of the interests of the child to be noteworthy.
2. Under article 83, paragraph 1, of the Criminal Code, the court is entitled to establish monthly maintenance payments in a firm amount of money if another form of punishment violates the rights of the child.
3. In addition, the Court has taken into account the provision of the Decision of the Plenum of the Supreme Court of the Russian Federation No. 9 of 25 October 1996, according to which, in determining the firm amount of maintenance, the child should, to the extent possible, maintain the same level of material security.
4. The court takes into account the material and family circumstances of the child's parents, Andrushchenko and Ivanov.

 

• The Court found that the recovery of maintenance as a share of earnings would not only violate the child ' s rights, but would also significantly reduce the child ' s previous level of material security.

 

The court determined the amount of maintenance in a firm monetary amount of 1/4 of the subsistence minimum, which was 2,648 roubles at the time of the judgement; first, if the court did not establish interest on the indexation of the hard maintenance amount, the child ' s child ' s maintenance would simply be short of money in a few years ' time.

Second, there is no guarantee that the court ' s fixed amount will be higher than the share of the maintenance payer ' s earnings or higher than the subsistence level.

Deficiencies include a lengthy and complex trial.

This method of protecting their rights and the rights of the child is used by mothers (sometimes fathers) who support the child virtually alone, and the problem is the following: Affiliating Fathers can be conditionally divided into two groups - Sheeps and Wolfs.