Can a mother refuse alimony from a father?

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Can only the alimony payer himself refuse?

31.07.2023 15:31 536

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Photo of sikorsky.y.o Yaroslav Sikorsky

No, there is no such possibility.

According to the requirements of Art. 179 of the Family Code of Ukraine, alimony received for a child is the property of the child. The parent or other legal representative of the child, in whose name the alimony is paid, disposes of the alimony exclusively for the purpose of the child's interests.

Payment of alimony is terminated for the following reasons:

  • if the child reaches the age of majority (Part 1 of Article 180 of the Civil Code of Ukraine).

  • in the event that the daughter and son reach the age of 23, if they continue their education and are dependent on their parents (Part 1 of Article 199 of the Civil Code of Ukraine).

  • in case of termination of education by a daughter or son of legal age (Part 2 of Article 199 of the Civil Code of Ukraine).

  • in case of impossibility for parents to provide material assistance to adult daughter, son, who continue their education (Part 1 of Article 199 of the Civil Code of Ukraine);

  • if the child's income is much higher than the income of each parent and fully covers his needs. Parents can be released from the obligation to maintain a child only by a court decision. If the child has stopped receiving income or his income has decreased, the interested person has the right to apply to the court for the collection of alimony. (Article 188 of the Civil Code of Ukraine);

  • in the case of adoption of a child, since from the moment of adoption, mutual personal non-property and property rights and obligations arise between the adopted person (and in the future - between his children, grandchildren), and the adopter and his relatives by origin. Adoption gives the adopter the rights and imposes on him the duties in relation to the child he adopted, to the same extent that the parents have in relation to the child. (Article 232 of the Civil Code of Ukraine)

  • in case of death of a child or alimony payer;

  • in connection with the acquisition of ownership of real estate.

01.08.2023 09:23

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