Child support lawyer in Odesa

How we help

• recovering child support through the court
• calculating and recovering arrears
• increasing or reducing the amount
• child support agreements
• disputes over a child’s residence and upbringing

How we work

• assess your situation and documents
• suggest a route: agreement or court
• prepare the claim and evidence
• represent you in court and deal with enforcement officers

How much child support can be recovered?

The court awards child support either as a share of the payer’s income or as a fixed sum, and the parent the child lives with chooses which (Art. 181(3) of the Family Code of Ukraine). The court cannot award less than 50% of the subsistence minimum for a child of the relevant age (Art. 182(2)). Support runs from the day the claim or the application for a court order is filed (Art. 191(1)), so waiting costs you money.

Court order or full claim

If paternity is not disputed, the fastest route is an application for a court order. It can recover a quarter of the payer’s income for one child, a third for two and half for three or more, capped at ten subsistence minimums per child (Art. 161(1)(4) of the Civil Procedure Code), or a fixed 50% of the subsistence minimum (Art. 161(1)(5)). In our practice a court order for child support was issued in 25 days. If you need a different share or sum, we file a full claim. A child support claim may also be filed where you live (Art. 28(1)); in Odesa that is your district court, such as the Prymorskyi, Kyivskyi or Malynovskyi District Court.

Documents to prepare

• the child’s birth certificate;
• the applicant’s passport and taxpayer number;
• the payer’s address and, if known, the employer’s name;
• receipts for medical care, school and activities if you ask for a fixed sum.

Common mistakes

• waiting years for an agreement: support for past periods is awarded only if you prove you demanded it and the payer evaded, and for no more than ten years (Art. 191(2) of the Family Code);
• asking for a share of income when the payer officially earns almost nothing, although a fixed sum would be better;
• getting a decision but never sending it to the enforcement service, so collection never actually starts.

If child support is part of a divorce, see also the divorce lawyer page.