Sea, tutors, and treatment: the court decided what the father must pay beyond alimony

The Irpin City Court of Kyiv Region considered case No. 367/11084/25 on the mother's claim for alimony and additional expenses related to the treatment and maintenance of the daughter. The court had to decide on the amount of alimony and determine the father's share in covering additional expenses caused by the child's health condition.

Circumstances of the case

The plaintiff stated that after the divorce in 2017, the minor daughter lives with her and is under her care. According to her, the father voluntarily provided funds for the child in the amount of about 4,000 UAH monthly, but these amounts are insufficient to ensure proper living conditions and treatment for the child.

The mother noted that the daughter suffers from allergic rhinitis and has sensitization to birch and ambrosia, requiring allergen-specific immunotherapy and regular medical supervision. According to her data, the minimum monthly expenses for the child amount to about 10,000 UAH. In the claim, she requested alimony of 10,000 UAH monthly and also to oblige the father to compensate half of the costs for doctor consultations, treatment, medication purchases, and the child's annual vacation. Additionally, during the case hearing, the plaintiff's representative noted that the child continues to study English, which also requires additional expenses.

The defendant objected to the claimed alimony amount and asked to set it at 6,000 UAH monthly. He emphasized that he systematically provided funds for the child's maintenance, transferred money to her personal account, paid for certain needs of the child, participated in her upbringing, treatment, and organization of recreation. The defendant also pointed out that he is serving in the military, has another minor child, supports elderly parents, and suffers from several illnesses requiring constant treatment expenses. At the same time, he agreed to participate in covering the actual additional expenses for the child's treatment.

During the case hearing, the court established that the child lives with the mother, and the father voluntarily provided financial assistance, made separate payments for the child, and participated in resolving issues related to her treatment. At the same time, the court took into account that the child has medically confirmed illnesses requiring additional expenses, and that the defendant is able-bodied, receives regular income, and is obliged to participate in providing proper conditions for the child's development.

Court conclusions

The court reminded that according to Article 51 of the Constitution of Ukraine and Article 180 of the Family Code of Ukraine, parents are obliged to support the child until reaching adulthood. Divorce and separate residence of the parents do not affect their rights and obligations regarding the child.

When determining the alimony amount, the court considered the child's health and needs, her living with the mother, the parties' income levels, the presence of another child of the defendant, his obligation to help elderly parents, and his illnesses requiring constant treatment expenses. At the same time, the court noted that no evidence was provided proving the defendant's inability to provide financial support to the child.

Evaluating the evidence as a whole, the court partially satisfied the claim and set the alimony amount at a fixed sum of 6,000 UAH monthly, but not less than 50% of the subsistence minimum for a child of the respective age. Alimony is to be collected from the date of the court application until the child reaches adulthood.

Regarding additional expenses, the court referred to Article 185 of the Family Code of Ukraine and the Supreme Court's practice, according to which both parents are obliged to participate in expenses caused by special circumstances, including the child's illness. The court established the presence of medically confirmed expenses for treatment and noted that the defendant did not actually dispute the necessity of their compensation. Therefore, the court ruled to collect from the father 50% of the actual expenses for doctor consultations, treatment, and medication purchases until the child reaches adulthood.

At the same time, the court denied the claim for compensation of half of the expenses for the child's recreation and travel. The court noted that the provided evidence concerned, among other things, foreign trips made at the mother's independent decision. Considering the significant cost of such expenses, the court concluded that prior agreement with the father was a necessary condition for further collection of part of the incurred costs from him.

As a result of the case hearing, the court also ordered the defendant to pay 4,000 UAH for professional legal assistance and the court fee in favor of the state.

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