INCREASE THE AMOUNT OF ALIMENTS
How to increase the amount of alimony from a foreigner
It often happens that the amount of funds intended for the maintenance of a minor child, over time, ceases to provide the conditions necessary for its harmonious development. On the one hand, the financial situation of the spouse with whom the child lives is deteriorating, and on the other, the officially confirmed income of the alimony payer or his expenses grow. In addition, today there is a judicial practice, which has established a trend towards the appointment of the minimum recommended amount of alimony instead of the guaranteed minimum.
We have several tips for increasing the amount of alimony from a foreigner in Ukraine, which can greatly facilitate this process for you.
Ways to increase alimony
The legislation provides for the possibility of changing the amount of alimony:
- on a voluntary basis, if the alimony is established by a notarized agreement by agreement of the parents. In this case, in order to increase the amount established by the parties, a separate agreement needs to be concluded, which must also be notarized.
- in a judicial proceeding, by filing a statement of claim or by way of order proceedings, if there is no dispute about paternity.
The legislation provides for the possibility of changing the amount of alimony both at the initiative of the mother and the father. The amount established by the court or by agreement of the parties can be increased or decreased, depending on changes in the financial or marital status, deterioration or improvement in the health of one of the parents, and in other cases.
Thus, whether the court decides to increase the alimony depends on how much convincing evidence will be submitted of a change in your financial situation or a deterioration in your health. Also, cases are not excluded when, as a result of changes in certain circumstances in the family, it becomes necessary to increase expenses for children, which is similarly the basis for changing the amount of alimony. As the court practice shows, each circumstance referred to by the plaintiff as a basis for increasing the amount of alimony must be supported by evidence that indicates the reality of a change in financial situation or health. In cases where it is necessary to prove that the assigned amount is insufficient to support the child, it is also necessary to include in the statement of claim written evidence of the expenses that are incurred in relation to the child.
How to act if the child’s father is a foreigner?
In cases where the payer of alimony is a citizen of a foreign state, there are also two ways to increase the amount for child support:
- By filing a statement of claim with the court at the registered place of residence or stay of the plaintiff in Ukraine.
- By filing a statement of claim in the court of the country of origin of the foreign father.
In the second case, you can submit an application through the territorial department of justice of the Ministry of Justice at the place of your registration. To implement this method, it is necessary to study the relevant foreign legislation in order to understand whether such a case can be considered by the courts of the foreigner’s country. This issue can also be settled by international treaties signed with Ukraine, and therefore in this case you cannot do without the help of qualified lawyers.
What evidence must be submitted?
The statement of claim must necessarily include evidence indicating circumstances that may be grounds for changing the amount of alimony, for example:
- proof of changes in financial situation (certificates of parental income or loan agreements, etc.);
- evidence of deterioration or improvement of health (medical certificates, doctors ‘opinions, medical history, doctors’ recommendations on the need for treatment);
- evidence confirming a change in marital status (for example, the birth of children in the child support payer).
In addition, when determining the new amount of alimony, the court will not take into account the state of health and financial situation of the child, the payer of the alimony, the presence of other children, a disabled husband, wife, parents, daughter, son, the presence of property or property rights, his financial situation and expenses. if you can’t prove them.
What amount of alimony can the court order?
Alimony cannot be assigned in an amount less than 50% of the subsistence minimum for a child of the corresponding age, that is, UAH 929.5. for children under 6 years old. The minimum recommended amount of alimony per child is the subsistence level for a child of a certain age category. If the payer’s earnings allow, then the minimum amount must be at least UAH 1,859. for children under 6 years old. The maximum amount of alimony is 10 living wages for children of the corresponding age. If the court reveals income, the source of which the defendant cannot prove, the court will not be limited by the amount of his earnings. Please note: upon satisfaction of claims for a change in the amount of alimony, the increased amount will be charged from the date of entry into force of the court decision, and not from the moment the claim is filed.