Support of children in Ukraine


In accordance with provisions of the Family Code of Ukraine, parents are obligated to support their children until they will reach the full age or even after this age in certain cases. This rule is imperatively set up by clause 180 of the Family Code of Ukraine and other provisions of chapter 15 of the same.

In most cases, parents voluntarily exercise their obligation to provide protection, comfortable life, education through their children growing years. In accordance with Family Code of Ukraine as it is provided by clause 180 of the Family Code of Ukraine.

In accordance with imperative regulations of clause 181 of the Family Code of Ukraine, there are two ways (as determined by agreement of the parents) in which parents can assume the financial responsibility to maintain their child. The parent, who does not live with the child, may participate in his/her maintenance in cash or in kind. Or, upon judicial decision, money for the child is awarded as a share of earnings and/or as a fixed amount of the mother's / father's income.

Support of child is based on the policy that parents are obligated to pay for the support of children, even when the children are not living with both biological parents. One parent will typically be awarded legal custody, with visitation rights awarded to the non-custodial parent, who remains obligated to pay a proportion of the costs involved in raising the children. This obligation corresponds with further obligation of children to support their parents, who have become incapable to work (i.e. in age of retirement).

In this brief summary we are talking mostly about the biological mother and the farther of a child as it is defined mainly in clause 122 of the Family Code of Ukraine and other provisions of chapter 12 of the same. There is no need for the parents to be married, and only paternity / maternity need be demonstrated to a competent court in order to issue a child support obligation. According to the Family Code of Ukraine, the mother and the father assumed to have equal rights and responsibilities with respect to their child, regardless of whether or not they were married to each other. Dissolution of a parents' marriage and/or their living separately from the child does not affect the scope of their rights, nor does them released from responsibilities with respect to the child.

Significantly, even when a paying parent has been legally limited or prevented by the other parent from participating in or making decisions involving the upbringing of the child, child-support costs are still obligatory from the legal point of view. However, this does not excuse the parent, with whom lives the child, from paying a percentage of the costs incurred while raising the child.

Regarding any additional expenses in case of the special circumstances concerning the child (development of skills, illness or injury), both parents must share these expenses as it is imperatively provided by clause 185 of the Family Code of Ukraine. These additional expenses can be funded in advance, given in a lump sum or periodically and/or be awarded on a permanent basis.

As regarding education of the child, parents have to decide all the aspects of the same after their mutual consent. When either of the parents does not live with the child, he/she shall still have the duty to participate in making decisions about education of the child and to participate in appropriate costs of the same as well, and has the right to communicate personally with the child (namely clause 157 of the Family Code of Ukraine and other provisions of chapter 13 of the same do provide a lot of rights and obligations for the parents as regarding their children).

In accordance with clause 168 of the Family Code the mother/father deprived of their parents' rights may take legal action to give them the right to access their child. The court may then allow single or periodical access to the child unless such access is injurious to the life, health and moral education of the child, on the condition of presence of the other person.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.

 

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