Alimony for a disabled child in Ukraine

Everyone knows that the law provides for the obligation of parents to take care and support their children. And if one of the parents avoids helping their child, the court can force him to pay alimony. The amount of payments per child cannot exceed ¼ of all the income of the alimony and is paid in a fixed amount or as a percentage of earnings. But what if you need to calculate the alimony for a disabled child?
Алименты на ребенка-инвалида 1

What is the difference between child support for a disabled child

The main difference between alimony for a disabled child is that payments do not stop even after the recipient reaches the age of majority. According to Art. 198 SKU parents are obliged to support their children after 18 years of age, if they are disabled and need financial assistance. A disabled person is a disabled person, therefore, the payment of funds can continue for many years, because the law does not provide for an age limit in this matter.

The amount of payments should be higher than when giving alimony to an ordinary child. There are no specific sizes in the law, but the SKU has items confirming the right of a disabled person to increased deductions:

  • 1. Part 1 of Article 182 of the CKU – when deciding on the amount of alimony, the court must take into account the state of health of the child;
  • According to Part 1 of Article 185 of the CKU, the alimony must bear additional costs for the maintenance of a crippled child, a child with a serious illness, and also pay money for treatment. In fact, these will no longer be alimony, but “additional maintenance costs”, so they can be paid in excess of the alimony limit;
  • Article 88 of the CKU provides for the payment of funds to a person caring for a disabled child.

How to arrange child support for a disabled child

Registration of alimony for a disabled child can be done in different ways:

  • Алименты на ребенка-инвалида 2Voluntarily, through an agreement of the parties on the periodic payment of funds;
  • Forcibly, through filing a statement of claim against a parent who evades financial assistance to a child;
  • Through a lawsuit filed by a disabled adult child or guardian against a parent. Such a statement can be satisfied by the court if the plaintiff is found in need of material assistance.

In order to file a claim for the recovery of alimony for a disabled child, you must collect the following package of documents and submit them to the district court:

  • Copy and original of marriage certificate;
  • Copy and original of the child’s birth certificate;
  • Medical certificate of disability or incapacity for work of the child, confirming the need to care for him;
  • Defendant’s income statement;
  • Documents may be required to prove that the applicant and the child are living together;
  • The claim itself in duplicate;
  • Plaintiff’s passport details.

It should also be borne in mind that if a disabled child received financial assistance until the age of 18, then after reaching the age of majority, he will need to file a lawsuit again in this regard.

In order to increase the chances of receiving money, it is necessary to correctly draw up a statement of claim for alimony. To do this, you can use the services of a lawyer. But it should be borne in mind that only an experienced connoisseur of law can guarantee the success of the case.

    • Statement of claim for alimony
    • 700 UAH
    • Document analysis
    • Consultation online or by phone
    • Trial strategy
    • Drawing up a statement of claim
    • Simplified collection of alimony
    • 2000 UAH
    • Document analysis
    • Drawing up a statement of claim
    • Obtaining a court order
    • Opening of enforcement proceedings
    • Recovery of alimony - general procedure
    • 6000 UAH
    • Consulting and trial strategy
    • Drawing up and filing a statement of claim in court
    • Case management "turnkey"
    • Maximum payouts