Mother filed a lawsuit over expenses for son's dental treatment and vision correction in Poland – why the court sided with the father
The Zhmerinka City District Court of Vinnytsia Region considered a civil case filed by the mother against the father for the recovery of additional child maintenance expenses.
Circumstances of case No. 130/2459/25
The parties were in a registered marriage, which was dissolved by the decision of the Zhmerinka City District Court of Vinnytsia Region on February 2, 2023. They have a minor son from the marriage.
Based on a court order, the father is required to pay alimony amounting to one-quarter of his earnings (income) monthly for the child's maintenance. The child permanently resides with the mother in the Republic of Poland.
The mother applied to the court demanding the recovery from the father of additional child maintenance expenses amounting to the equivalent of 5,310 Polish zlotys, incurred from January 24, 2024, to July 17, 2025, related to the treatment of maxillofacial anomalies (bite anomalies) and the son's vision problems at a dental center in Poland. Additionally, the plaintiff requested recovery of legal assistance costs amounting to 12,000 hryvnias and translator service costs of 3,900 hryvnias.
The plaintiff claimed that she repeatedly informed the defendant about the necessity of the treatment, but he refused to participate in the additional expenses.
The defendant did not acknowledge the claim, stating that he pays alimony without arrears (as of August 31, 2025, he has an overpayment), the treatment was not agreed upon with him, the documents confirming the expenses are inadequate evidence, and the expenses themselves are not additional within the meaning of Article 185 of the Family Code of Ukraine, as they are not related to a serious illness or special circumstances.
What the court decided
The court fully dismissed the claim.
The court established that the plaintiff did not prove with proper, admissible, and reliable evidence the fact of incurring additional expenses, their necessity, justification, and causal connection with special circumstances (the child's illness). The submitted documents (printouts from the medical institution's information system) lack mandatory details, are not properly certified, and cannot be considered proper evidence.
The court also noted that the recovery of additional expenses in foreign currency (Polish zlotys) contradicts the requirements of Ukrainian legislation, as the legal tender in Ukraine is the hryvnia.
Expenses for legal assistance and translator services are not subject to recovery from the defendant due to the dismissal of the claim.
The decision may be appealed to the Vinnytsia Court of Appeal within thirty days from the date of its announcement.
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