If you have defended the rights of the child in court, you have often gone through the humiliating stage of determining the amount of alimony. Then it’s time to rest and calmly plan further actions. The amount of alimony established by the court is not final and may be reviewed depending on certain circumstances.
To increase the amount of alimony established by a court, three components are required.
First, it is an evident unfairness of the established amount of alimony.
If the parent who does not live with the child after the divorce, can afford a new home, a new car, vacation abroad, if he is a business owner, but according to the Revenue Service he is poor as a church mouse, the minimum amount of alimony awarded to you by a court, is unfair.
Secondly, your hard work is needed.
Exactly! You and your lawyer can claim as much as you like that there is an apparent need and opportunity to review the established amount of alimony and increase it. However, unsubstantiated statements in court will lead to losses: loss of time, court costs, will harm your nervous system.
There will always be an “fast and loose” multi-skilled specialist, even with a law degree and often with an attorney certificate, who promises to solve all your problems with certainty and ease. However, in practice, you are wasting time and money if you do not prepare carefully for the trial. Do not start litigation until you have collected the required amount of supporting documents.
Third, qualified legal assistance is needed.
Most court decisions on the recovery of alimony are samples of the shameful practice that has migrated to us since Soviet times, when the level of income of the majority was the same, and the revenues received were official. At present, this practice is often ineffective and violates the rights of alimony collectors, as it is inconsistent with the real income of alimony payers, who often cannot explain the sources of this income. According to various estimates, the shadow economy accounts for 25 to 50 percent of Ukraine's official GDP (up to UAH 100,000,000,000 are "in the shadows"). However, the courts, collecting alimony in a fixed sum, determine its amount close to the minimum stipulated in legislation, which is not enough for a decent life and harmonious development of the child, despite the real income of alimony payers.
In our opinion, this attitude of the court to the amount of alimony is formed among other things by the low quality of legal services provided.
However, to ensure good-quality client protection in such cases, the lawyer has, in particular:
- properly advise the client who seeks to increase the amount of alimony, explaining his rights,
- provide a list of expenses for the child, which are important for a court for determining the amount of alimony,
- explain the method of collecting documentary evidences of parental income and expenses for the child,
- analyze the collected information, provide conclusions on the prospects of initiating litigation to increase the amount of alimony.
To review the amount of alimony set by the court in the direction of their increase, it is necessary to apply to the court with relevant claim.
To determine the amount of alimony, the court shall in particular take into account: the state of health and financial situation of the child; health status and financial situation of the alimony payer; wether the alimony payer has other children, disabled husband, wife, parents, daughter, son; the alimony payer’s rights of ownership, possession and / or use of property (movable and immovable), cash, exclusive rights to the results of intellectual activity, corporate rights; the expenses of the alimony payer proved by the alimony collector, including for the acquisition of real estate or movable property, the amount of which exceeds ten times the poverty limit for an working-age person, if the alimony payer has not proved the source of funds; other circumstances.
Read our publication "The largest alimony in the country!".
Additional costs for the child and the participation of the alimony payer.
In addition to alimony, the parent with whom the child lives has the right to receive money from the other parent to finance additional costs for the child caused by special circumstances (development of the child's abilities, illness, disability, etc.).
For example: if your child has sports abilities, then sports equipment, the cost of trainings and participation in sports competitions - are additional costs. If your child is engaged in gymnastics, ballroom dancing and she needs expensive clothes, it is also an additional cost. If the child has musical abilities, the cost of musical instruments and travel to participate in competitions - additional costs. If there are health problems, prosthetics, rehabilitation, surgery, etc. are additional costs.
Additional expenses for a child may be financed in advance or covered after their actual incurrence once, periodically or permanently (Article 185 of the Family Code of Ukraine). The amount of participation of one of the parents in additional costs for the child in case of dispute is determined by a court decision, taking into account the circumstances that are significant.
Summing up. A responsible approach to the collection of evidence and a fair relationship between a lawyer and his client should be the key to a comprehensive court hearing and the establishment of a fair amount of alimony and other funding to ensure a dignified childhood.
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