Spousal alimony

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My daughter is studying at the university on a contract basis, my husband and I are divorced, he pays alimony for the duration of her studies and that's it, he doesn't help financially anymore. Can I apply to the court so that he pays half for education (he has 2 more children for whom he also pays alimony)?

20.02.2024 18:16 313

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Photo of lorina200215 Lorina Fedan

The court determines the amount of alimony for an adult daughter, son in a fixed monetary amount and (or) in a share of the earnings (income) of the alimony payer, taking into account the circumstances specified in Article 182 of the Family Code of Ukraine, namely:

  • the child's state of health and financial situation;

  • the state of health and financial situation of the alimony payer;

  • the presence of the payer of alimony for other children, disabled husband, wife, parents, daughter, son;

  • availability of ownership, possession and/or use of the alimony payer's property and property rights, including movable and immovable property, cash, exclusive rights to the results of intellectual activity, corporate rights;

  • the expenses of the alimony payer, including for the purchase of immovable or movable property, the amount of which exceeds ten times the subsistence minimum for an able-bodied person, proven by the alimony collector, if the alimony payer has not proven the source of the funds;

  • other significant circumstances.

The plaintiff should justify his expenses in court with documentary justification of expenses, for example, if the person is studying on a paid basis, he should attach certificates from the primary institution about the amount of payment for education or a copy of the contract, receipts for travel documents, office expenses and living expenses (receipts from a dormitory or rented housing) and other expenses.

The amount of alimony, determined by a court decision or an agreement between the parents, may be subsequently reduced or increased by a court decision at the request of the payer or recipient of alimony in the event of a change in the financial or family status, deterioration or improvement of the health of one of them, and in other cases provided for by the Family Code of Ukraine (Article 192 of the Family Code of Ukraine).

If the child has already turned 18, additional costs cannot be charged. They are charged to children under 18 years of age.

20.02.2024 21:15

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