Alimony per student

In your case, it is necessary to apply to the court with a new statement of claim for the collection of alimony for the maintenance of an adult daughter/son who is continuing his education.

But there is also a voluntary procedure for collecting alimony - one of the parents can submit an application at the place of work, place of payment of pension, stipend to deduct alimony for the child from his salary, pension, stipend in the amount and for the period specified in this application.

Also, Article 189 of the Family Code of Ukraine gives parents the right to conclude an agreement on the payment of alimony for an adult child, where the amount, terms and procedure of alimony payments are determined. The contract must be concluded in writing and subject to notarization. In the event that the father (mother) does not fulfill his obligation under the contract, alimony is collected not by a court decision, but on the basis of a notary's executive inscription by a state executive service body.

Court procedure

A claim for the recovery of alimony is submitted to the court or at the registered place of residence or stay of the defendant or the plaintiff. No court fee is payable for the submission to the court of the above-mentioned statement of claim (Clause 3, Part 1, Article 5 of the Law of Ukraine "On Court Fees").

Child alimony is awarded by court decision either in a fixed monetary amount or in a share of the earnings (income) of the alimony payer from the day the claim is filed, and not from the day the court decision enters into force.

The amount of alimony for the maintenance of an adult child who continues his education depends on the evidence base that you will provide together with your claim to the court.

Unfortunately, the minimum and maximum amount of alimony for an adult child is not established by law. Therefore, for example, the minimum amount of alimony may be even lower than 50% of the subsistence minimum for a child aged 6 to 18.

When determining the amount of financial assistance, the court must take into account:

• the child's actual and real need for financial assistance,

• the cost of education, the cost of textbooks and travel to the educational institution, the cost of living in a dormitory or rented apartment at the location of the educational institution, the state of health of the alimony payer, his financial and family status, the availability of property, cash and funds of the alimony payer

• other relevant circumstances.