Changing the amount of alimony through the court - increase or decrease.
We file a lawsuit to change the amount of alimony (Article 192 of the Civil Code) due to a change in financial or family status. We increase it for the recipient or decrease it for the payer.
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| Consulting - analysis of the previous decision and circumstances - assessment of the real chances and feasibility of the process | 3 ₴ |
| Full support - preparation of a claim with an evidentiary basis - representation in the court of first instance - application to the enforcement service with a new decision - does not include: appeal (separate service) | from 15 000 ₴ |
About the service
The amount of alimony determined by the court can be changed both in the direction of increase and decrease (Article 192 of the Civil Code) - at the request of either parent in the event of a change in financial or family status.
Typical reasons for an increase are: a decrease in the recipient's income, an increase in the child's needs (illness, special school), an increase in the payer's official income. For a decrease: a deterioration in the payer's condition, the appearance of other dependents, loss of job.
What do you get?
A new court decision with a changed amount of alimony. This is a basis for the enforcement service to calculate alimony in the new amount from the date the decision enters into legal force.
- Statement of claim for an increase or decrease in the amount of alimony (Article 192 of the Civil Code)
- Gathering evidence of changes in financial or marital status
- Analysis of the current amount of alimony and the feasibility of changing it (fixed amount ↔ share)
- Representation in the court of first instance
- Application to the executive service for the application of a new decision
How it works
First, we analyze: have the circumstances that were the basis for the previous decision really changed; what evidence is there of this; does it make sense to simultaneously change the form - for example, from a share to a fixed amount, if the payer's income has become opaque.
We prepare a lawsuit with evidence: certificates of income, expenses, family composition, health status, loss of job. We file it in the court at the defendant's place of residence. At the hearing, we defend our position against the arguments of the other party.
After the decision, we submit an application to the enforcement service - they will recalculate the current charges from the new amount from the date the decision enters into force (the debt for the past period does not change).
When is it the right choice?
Apply for an increase if: the payer's official income has increased; additional expenses for the child have appeared (medicine, education, clubs); your income has decreased. For a decrease: the payer's condition has worsened, other dependents have appeared (other children have been born), they have lost their job or their income has decreased.
Sign up for a consultation: we will assess the real chances and feasibility of the process - sometimes the costs of court proceedings may exceed the benefits of changing the size.
Who needs this service?
Alimony recipients
The payer's income has increased or the child's needs have increased. You want an adequate recalculation.
Alimony payers
The situation has worsened (loss of job, illness, other children), and the payments remain at the same level and are unbearable.
Taxpayers whose hidden income became transparent
Previously, they paid a share of their official income, but now their income has dropped sharply on paper - reduce the amount.
How we work
- 01
Analysis of the previous decision and circumstances
What was the basis for the established amount, how have the circumstances changed, what evidence is there?
- 02
Collection of documents
Certificates of income, expenses for the child, family composition, medical documents (if necessary).
- 03
Drafting a claim
Claim for increase or decrease with justification and evidence.
- 04
Representation in court
Preparatory and main hearing, response to objections.
- 05
Transfer of the decision to the executor
Application to the enforcement service with a new decision for recalculation.
What will be required of you?
- Passport and RNOKPPR of the plaintiff Copies
- Court decision on the collection of alimony Current decision that we are changing
- Certificate about children's people Extract
- Income certificate of the plaintiff From work, self-employed reports
- Information about the defendant's income If possible
- Documents about expenses for the child Checks, contracts for medicine, training, clubs
- Documents of change of marital status Birth certificates of other children, marriage, other dependents
- Document on payment of court fee Preparing a receipt
- Power of attorney for representation Notarized
Typical customer situations
The most common scenarios we are approached with. Find yours and proceed to a full analysis with the procedure, deadlines, and practice.
The amount of alimony can be changed through the court due to changes in circumstances (Article 192 of the Civil Code) - increase or decrease. We will talk about the grounds, change of method (share or fixed amount) and the role of a lawyer.
Read the full answerFrequently asked questions
01 Is it possible to change alimony by agreement, without going to court?
Yes, if alimony was collected based on an agreement between the parents, a new agreement can be concluded (with a notarized certificate). If there is a court decision, it can only be changed by the court.
02 Will the accumulated debt be repaid?
No. The new amount is effective from the date the decision becomes legally binding. The debt incurred under the old amount remains.
03 Is it possible to switch from a percentage to a fixed amount?
Yes, in the same process we set a requirement to change the form. This is relevant when the payer's income is opaque or irregular.
04 What if the payer is temporarily unemployed?
This is a reason for reduction, but the court assesses the duration and reasons. If the loss of work is due to one's own fault or is temporary, the court may refuse. We are preparing arguments: duration, attempts at employment, availability of other sources.
05 What will be the maximum size of the increase?
The law establishes that the total amount cannot exceed 50 percent of the payer's earnings (Article 70 of the Law of Ukraine On Enforcement Proceedings). In special cases - up to 70 percent.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.
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