Journal article Open Access

New Aspects of Determining the Amount of Alimony for a Child and How They are Charged

L.А. Andriievska, V.M. Shtepa, A.G. Dermanska

The article analyzes the scientific and practical aspects of determining the amount of child support, the procedure for their recovery, the establishment of a guaranteed and recommended minimum size, the circumstances that the court considers when determining the amount of child support, as well as particular attention to the types of liability provided by the current legislation of Ukraine for persons, who do not pay child support.

The problem of determining the amount of alimony for a child and collecting them is extremely acute in modern Ukrainian realities. In Ukraine, at the legislative level, the child is protected in his or her right to be retained by her parents until she or she reaches the age of majority, and in some cases after the child reaches the age of majority. But in practice, unfortunately, in most cases this protection is not implemented. Even with the positive developments in the issue of the proper protection of the rights of the child currently occurring in our country, the issue of child support is still quite acute.

Due to the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Alimony Collection", the procedure for collecting alimony was changed.

With the latest changes, the minimum amount of alimony has been increased. From now on, the court cannot determine a child support rate of less than 50% of the subsistence minimum for a child of the appropriate age (previously 30%).

The amount of alimony is determined either by agreement of the parties or by a court decision as a proportion of the mother's, the father's child's income or the hard cash, but in any case may not be less than the minimum guaranteed amount of the alimony.

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