Alimony

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Please let me know, according to the court decision, alimony for the child from the first marriage was assigned to the husband in the amount of 1/4 of the earnings (income), but not less than 50% of the subsistence minimum for a child of the appropriate age.

The husband is registered as an FOP, and it turns out that he must pay alimony not the minimum 1,416.50 UAH, but 2,777.25 UAH, that is, 1/4 of the average salary of 11,109 UAH. in our region. But now, during the war, his earnings are very unstable, and he is unable to pay the 2777.25.

Does he really have to pay 2777.25 hryvnias in alimony after all? Does he have any legal recourse to prove that he is now unfortunately only able to pay 50% of the living wage for a child of the appropriate age?

21.07.2023 18:02 335

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

Alimony in the amount of the average salary in the region is paid only if the alimony payer is in arrears with the payment of alimony and in the presence of one of the following conditions:

  • the debtor does not work at the time of the debt;

  • the debtor is a natural person - an entrepreneur and is on the simplified taxation system;

  • the debtor is a citizen of Ukraine who receives earnings (income) in a state with which Ukraine does not have a legal assistance agreement.

The above is defined in Part 2 of Article 195 of the Civil Code of Ukraine.

24.07.2023 09:20

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