Alimony amount: how much does the court award?

What does the amount of alimony depend on?

The law does not establish a single fixed amount of alimony - its amount is determined by the court in each case, taking into account the circumstances listed in Article 182 of the Family Code of Ukraine. Among them are the health and financial situation of the child, the health and financial situation of the payer, the presence of the payer of other children or disabled family members, the presence of movable and immovable property and funds, as well as other circumstances of significant importance.

That is, the amount is not automatic arithmetic, but the result of an assessment. Situations that seem identical at first glance may end up with different amounts: it all depends on how fully and convincingly the court is shown both the child's needs and the payer's real capabilities. The lawyer assesses the prospects of a specific case within the framework of collecting alimony through the court.

Alimony as a share of income

One of the methods is to determine alimony as a share of the payer's earnings (income) (Article 183 of the Family Code). The law does not fix the specific size of the share - it is established by the court taking into account the circumstances of the case. The method is convenient when the payer has a stable official income: alimony is automatically tied to earnings and changes with them, and collection can even be issued by court order.

The weak point of the share is situations where the official income is low or the payer hides real wealth. Then the share may turn out to be unfairly small, and it is more expedient to demand a fixed amount - this is the case in the situation of alimony in a fixed amount of money.

Minimum and maximum size

Despite the lack of a fixed rate, the law sets limits. The minimum amount of child support for one child cannot be less than 50 percent of the subsistence minimum for a child of the appropriate age (Part 2 of Article 182 of the Family Code). This is the lower threshold below which the court cannot go.

There is also an upper limit: the amount of alimony per child cannot exceed ten subsistence minimums for a child of the appropriate age (Part 5 of Article 183 of the Family Code). Between these limits, the court determines the specific amount - and it is here that it is decided whether the child will receive the minimum or whether a higher amount is justified.

The myth of "quarter, third, half"

Perhaps the most common misconception is that alimony by law is a quarter of earnings for one child, a third for two, and a half for three. Once upon a time, such proportions were indeed directly enshrined in the legislation, but the current Family Code does not establish fixed proportions. Today, this formula is only a household guideline, not a norm that can be referred to as a ready-made answer.

The practical significance of this is great: the court is not obliged to award a "standard quarter" and deviates from the usual guideline in both directions depending on the needs of the child and the possibilities of the payer. Therefore, the opponent's reference to the "legally due share" is not a decisive argument - the proven circumstances of the specific case decide.

Additional expenses for a child

In addition to alimony itself, the law provides for the participation of parents in additional expenses for the child caused by special circumstances - the development of abilities, illness, disability, child care (Article 185 of the Family Code). These expenses are charged along with alimony or separately, and they are not "dissolved" in the usual amount of maintenance.

The Supreme Court orients that, when deciding on additional expenses, the courts take into account the extent to which each parent is obliged to participate in them, taking into account the financial and family situation of the parties. If the parents' situation does not allow them to cover such expenses in full, they may be partially compensated. Since these are actually incurred or anticipated expenses, they are determined in a fixed monetary amount.

The Supreme Court's position: balance of interests

The Supreme Court consistently emphasizes that any dispute regarding a child is resolved in the best interests of the child: the child has the right to a standard of living sufficient for his or her physical, intellectual, and moral development. At the same time, this does not automatically mean the maximum amount - the court seeks a balance, taking into account the real capabilities of the payer, his or her health, and the presence of other children and dependents.

How this works in practice can be seen from specific disputes. In case No. 545/3115/19 (Supreme Court decision of January 12, 2022), along with an increase in the amount of alimony, the recovery of additional expenses for the child was considered; the courts emphasized that the degree of participation of each parent is determined by the material and family situation of the parties, and not by a fixed rate. The conclusion for the parties is simple: the one who provably shows the needs of the child and the real capabilities of the payer, and not simply names the desired figure, wins.

How does a lawyer justify the size

The lawyer collects evidence of the child's needs - receipts, contracts for education and treatment, certificates of clubs and sections - and information about the payer's income and property, including indirect signs of real wealth if the official income is underestimated. On this basis, he justifies the specific amount, chooses between a share and a fixed amount and, if there are grounds, declares additional expenses.

If the financial or family situation changes later, the amount can be revised - this is discussed in the situation of changing the amount of alimony . Therefore, the amount awarded today is not final forever - it reflects the circumstances that existed at the time of the decision.