In recent times, the number of divorces has increased, making the issues of supporting minor (underage) children and collecting alimony particularly relevant. Under martial law conditions, when a married couple divorces and one parent lives abroad while the debtor (father or mother) remains in Ukraine, questions arise as to how to collect alimony for two children and what is required to do so.
In this article, we will examine what amount of alimony is collected for two children and how alimony for children is calculated. We will also consider what documents are needed to file a claim for alimony with the court, whether the children’s age affects the amount of alimony, and what the liability is for evading alimony payments. Let’s try to sort out the situation.
Legal Framework and Procedure for Collecting Alimony for Two Children
The Family Code of Ukraine defines the principles of marriage, the rights and obligations of parents and children, the procedure for collecting alimony, and the content of personal non-property and property rights of parents and children, as well as other family members and relatives.
According to the Family Code of Ukraine, both mother and father have equal rights and obligations regarding their child, regardless of whether they were married to each other. A divorce between the parents or their living separately from the child does not affect the scope of their rights and does not exempt them from their obligations to the child.
We draw readers’ attention to the general rule that alimony may be collected in two ways:
- Out of court (without filing a lawsuit);
- Through the courts.
If we consider out-of-court procedures, alimony can be paid by concluding an agreement between the spouses on alimony payments. In such an agreement, each party can specify the rights and obligations of the mother and father, the manner of supporting the children, and the amount and timing of alimony payments.
The alimony payment agreement must be in writing and notarized. It should specify the amount of alimony paid for each child until they reach adulthood. If one parent fails to fulfill their obligation under the alimony agreement, alimony may be collected on the basis of a notary’s enforcement note or through court proceedings.
If the parents cannot agree on child support, the spouse with whom the children live can apply to the court with a claim to collect alimony for their support.
Amount of Alimony for Two Children
Current legislation stipulates that the amount of alimony must be necessary and sufficient for ensuring the harmonious development of the child. The guaranteed minimum amount of alimony for one child cannot be less than 50% of the subsistence minimum for a child of the corresponding age.
Of course, if we are talking about an out-of-court arrangement for alimony payments, the spouses may agree on a significantly higher amount than that set by legislation, since the law sets only the “lower” (minimum) limit and does not restrict the “upper” (maximum) limit.
If alimony is collected through the courts, the amount is determined by the court depending on the claims stated in the lawsuit and in accordance with the norms of the Family Code of Ukraine.
The parent with whom the child resides has the right to apply to the court for a writ of execution (court order) to collect alimony in the amount of: one-quarter of the payer’s income for one child, one-third for two children, and one-half for three or more children. However, this amount may not exceed ten times the subsistence minimum per child of the corresponding age for each child. This norm is enshrined in Article 183 of the Family Code of Ukraine.
If alimony is collected for two or more children, the court determines a single share of the mother’s/father’s earnings (income) for their support, which will be collected until the eldest child reaches adulthood.
Upon the creditor’s request, the court may also establish a fixed amount of alimony, taking into account the parties’ property status, the child’s health, and other factors. However, this amount may not exceed ten times the subsistence minimum per child of the corresponding age. For instance, in 2024, the subsistence minimum for a child under 6 years old is 2,563 UAH, and for a child between 6 and 18 years old, it is 3,196 UAH.
Since the amount of alimony cannot be less than 50% of the subsistence minimum per child of the relevant age, for a child under 6 years it cannot be less than 1,281.50 UAH, and for a child from 6 to 18 years it cannot be less than 1,598 UAH. Thus, for two children, the total amount should not be less than 2,879.50 UAH.
The subsistence minimum changes annually depending on the minimum wage, which is specified in the Law of Ukraine “On the State Budget for 2024 (2025).” Correspondingly, payments for children also increase.
Example:
Consider a situation where the court orders 1/3 (33%) of the debtor’s total income to be paid as alimony for two children. If the eldest child has already turned 18, then half of that amount (i.e., 16.5% of the debtor’s income) would be paid for the second child. Given that the Family Code stipulates that for one child, 1/4 (25%) of income is collected, the alimony recipient would need to apply to the court to change the amount of alimony for the second child until that child reaches adulthood.
For more detailed advice, you can contact our law firm at the phone numbers listed below.
Procedure for Filing a Lawsuit to Collect Alimony
Alimony is collected by a court decision or on the basis of a court order. Many readers wonder which court to turn to for alimony collection if both the claimant and debtor are abroad but are registered in Ukraine.
The plaintiff (creditor) or their representative may apply to the court at the registered place of residence or stay of the debtor, or at their own registered place of residence or stay.
Therefore, there is no need to worry if you are abroad. Our family law attorneys in Kyiv can help you prepare a statement of claim or an application for a court order for alimony and submit it to the court.
Please note that to file a lawsuit or an application for a court order for alimony, you need copies of the following documents:
- Copies of passports with the place of registration and identification codes of the child’s parents (mother and father);
- Marriage certificate (copy);
- Children’s birth certificates (copies);
- Divorce certificate or a court decision on divorce that has entered into legal force (if applicable, copies);
- A certificate (extract) confirming the place of registration (for internally displaced persons, if applicable);
- Documents confirming the child’s disability status (if applicable);
- Documents confirming the applicant’s disability status (if applicable).
In different cases, the list of documents may vary depending on the circumstances regarding the collection of alimony (presence or absence of an alimony agreement, etc.).
Changing the Amount of Alimony and Liability for Non-Payment
The amount of alimony determined by the court decision or by agreement between the parents can be subsequently reduced or increased. Both the recipient of alimony (the parent with whom the children live) and the payer of alimony have the right to apply to the court with a relevant claim—either to increase or decrease the amount of alimony or the manner in which it is collected. Such a claim may be based on changes in material or family circumstances, deterioration or improvement of the health of the recipient or payer of alimony, or other cases provided by the Family Code.
Regarding the liability for non-payment of alimony:
If arrears arise due to the fault of the person obliged to pay alimony, whether under a court decision or an alimony agreement between the parents, the alimony recipient has the right to recover a penalty (fine) amounting to 1% of the unpaid alimony for each day of delay, starting from the day the payment was due until the day of full settlement or until the date the court issues a decision on collecting the penalty. However, the total penalty may not exceed 100% of the owed amount. This norm is prescribed in Article 196 of the Family Code.
Furthermore, state enforcement officers handling cases of alimony collection may, in addition to the penalty, impose fines ranging from 20% to 50% of the overdue alimony amount, depending on the length of the delay. These fines are collected by the enforcement officer and transferred to the recipient.
In addition to penalties, civil, administrative, and even criminal liability may apply for evading alimony payments.
Under Article 183-1 of the Code of Administrative Offenses of Ukraine, “Non-Payment of Alimony,” if the non-payment of alimony leads to arrears exceeding the total amount of the respective payments for six months from the day the enforcement document was submitted for compulsory execution, it entails community service from 120 to 240 hours. If non-payment of alimony concerns a child with a disability or a child suffering from a severe illness, and the total arrears exceed the amount of respective payments for three months, the debtor may be subjected to administrative liability in the form of community service from 120 to 240 hours.
Article 164 of the Criminal Code of Ukraine, “Evasion of Alimony,” provides for criminal liability in the form of community service for 80 to 120 hours, or arrest for up to three months, or restriction of liberty for up to two years for malicious evasion of alimony payments. For repeated convictions for malicious evasion of alimony, the penalties double.
If you or your acquaintances face issues with non-payment of alimony, our specialists can provide consultations on all legal matters, including parental involvement in a child’s upbringing. They can also help address issues related to the termination and/or restoration of parental rights, arranging visits with a child by a mother or father deprived of parental rights, removing a child from a person who is unlawfully withholding them, annulment of adoption, recognition of adoption as invalid, recovery of alimony, and other matters.
For more detailed consultation and specifics regarding the recovery and amount of alimony, you can contact the attorneys of the “First Legal” Ukraine Law Firm by filling out an application form on our website. You can also schedule a consultation with a lawyer in Ukraine or attorney by calling +38 (044) 35-35-164.
