After the father's mobilization, the court changed the method of alimony collection: instead of 3000 UAH, he will pay 1/4 of his income

In Ukraine, the amount of alimony determined by a court decision is not fixed. The Family Code of Ukraine provides for the possibility of reviewing the amount or method of alimony collection if circumstances that are of significant importance have changed after the decision was made, in particular the financial or family status of the parties.

When resolving such disputes, courts assess the needs of the child, the financial situation of the parents, and other circumstances that may affect the proper maintenance of the child.

The priority remains ensuring the child's best interests and an adequate level of financial support. This is the type of dispute regarding the change of the method and amount of alimony collection that the Tlumach District Court of Ivano-Frankivsk region considered. The court checked whether there were legal grounds to review the previous decision and evaluated the parties' arguments and the evidence collected in the case.

Essence of the case

The mother of a minor child filed a lawsuit to change the method and amount of alimony collection. The claim was filed in the child's interest through a representative - a lawyer.

The plaintiff noted that by the decision of the Tlumach District Court of Ivano-Frankivsk region dated August 14, 2023, alimony was collected from the child's father in a fixed amount of 3000 UAH monthly.

In her opinion, at the time of the decision, the court-determined alimony amount partially met the child's needs but later ceased to provide an adequate level of maintenance. The plaintiff justified this by a significant increase in the subsistence minimum for children of the relevant age, increased expenses for food, treatment, clothing, education, and development of the child, inflation processes, as well as the need to ensure proper conditions for the child's physical, mental, spiritual, moral, and social development.

Additionally, the plaintiff referred to a change in the defendant's financial situation. It was noted that after the court decision, the child's father was drafted for military service during mobilization, serves in the Armed Forces of Ukraine, and receives stable monetary compensation, which is higher compared to his income at the time of the previous court decision.

Given the above, the plaintiff requested to change the method of alimony collection and instead of a fixed amount, to collect alimony in the amount of one-quarter of all types of the defendant's earnings (income) monthly, but not less than 50 percent of the subsistence minimum for a child of the relevant age, starting from the day of filing the claim and until the child reaches adulthood.

The plaintiff and her representative did not appear at the court hearing but submitted a request to consider the case in their absence and did not object to a default judgment.

The defendant, despite proper notification of the date, time, and place of the court hearing, did not appear, did not submit a response to the claim, did not inform the court of reasons for absence, and did not file motions to postpone the case.

Under the conditions provided by part one of Article 280 of the Civil Procedure Code of Ukraine, the court decided to conduct a default hearing.

During the hearing, the court established that the parties are parents of a minor child who lives with the mother and is under her care.

The case materials confirmed that by the decision of the Tlumach District Court dated August 14, 2023, alimony in the amount of 3000 UAH monthly was already collected from the defendant.

The court also examined a certificate from the military unit, according to which the defendant has been serving in the National Guard of Ukraine by conscription during mobilization since February 20, 2025.

Court's position and conclusions

Evaluating the claims, the court relied on the provisions of Article 192 of the Family Code of Ukraine, according to which the amount of alimony determined by a court decision or agreement between parents may be subsequently increased or decreased by court decision in case of changes in the financial or family status of the parties, deterioration or improvement of health, or other cases provided by law.

The court also referred to Articles 180, 181, 182, and 184 of the Family Code of Ukraine, which impose on parents the obligation to support the child until adulthood, define methods of alimony collection, and establish that the amount must be necessary and sufficient to ensure the harmonious development of the child. The minimum guaranteed alimony amount per child cannot be less than 50 percent of the subsistence minimum for a child of the relevant age.

Furthermore, the court noted that according to part four of Article 273 of the Civil Procedure Code of Ukraine, after a decision on periodic payments becomes final, each party has the right to file a new claim to change the amount or method of collection if circumstances affecting the court-determined amount have changed.

When determining the alimony amount, the court considered criteria provided by Article 182 of the Family Code of Ukraine, including the financial situation and health of the child and the alimony payer, as well as other circumstances significant for the proper resolution of the dispute.

The court found that the child lives with the mother and is fully supported by her. At the same time, the alimony amount of 3000 UAH set by the 2023 decision no longer provides the necessary level of financial support for the child's physical, mental, spiritual, moral, and social development.

The court took into account the plaintiff's arguments about increased expenses for education, development, and leisure of the child, as well as inflation, rising prices for food and essential goods. It was separately noted that since the previous decision, the subsistence minimum for children of the relevant age has increased. According to the Law of Ukraine "On the State Budget of Ukraine for 2026," from January 1, 2026, the subsistence minimum for children aged 6 to 18 years is 3512 UAH.

The court also examined evidence regarding the defendant's financial situation and established that he serves in the military by conscription during mobilization. There is no evidence that the defendant is unable to provide greater financial support to the child or that he has other minor children or incapacitated persons under his care.

In resolving the dispute, the court also considered the legal conclusions of the Supreme Court. In particular, in the ruling dated May 28, 2021, in case No. 715/2073/20, the Supreme Court stated that the amount of alimony determined by a court decision is not immutable and may be reviewed if circumstances provided by Article 192 of the Family Code of Ukraine change.

The court also referred to the Supreme Court ruling dated March 11, 2020, in case No. 759/10277/18, which noted that the mere inability to provide alimony in a certain amount is not among the circumstances considered when determining alimony and does not exempt parents from the obligation to support the child. The Supreme Court emphasized that the child's interests take precedence over the financial situation of the alimony payer.

Assessing the dispute, the court also applied the provisions of the UN Convention on the Rights of the Child, according to which in all actions concerning children, the best interests of the child must be a primary consideration. The court noted that every child has the right to a standard of living adequate for their comprehensive development, and the primary responsibility for ensuring such conditions lies with the parents within their financial capabilities.

Additionally, the court considered the requirements of Article 8 of the Law of Ukraine "On Child Protection," which states that every child has the right to an adequate standard of living for physical, intellectual, moral, cultural, spiritual, and social development, and that the obligation to support the child lies with both parents.

Having examined all evidence collectively and evaluated it according to civil procedural law requirements, the court concluded that the claims are justified and subject to satisfaction. The court changed the method of alimony collection from a fixed amount of 3000 UAH monthly to collecting one-quarter of all types of the defendant's income monthly, but not less than 50 percent of the subsistence minimum for a child of the relevant age, until the child reaches adulthood.

The court also noted that the case materials contain no evidence refuting the need to increase alimony or confirming the defendant's inability to pay the amount determined by the court.

Court decision

Based on the results of case No. 353/506/26, the Tlumach District Court of Ivano-Frankivsk region satisfied the claim to change the method and amount of alimony collection.

The court changed the previously determined method of fulfilling the alimony obligation and ordered the father to pay the mother alimony for the maintenance of the minor child in the amount of one-quarter of all his earnings (income) monthly, but not less than 50 percent of the statutory subsistence minimum for a child of the relevant age. The collection of alimony in the new amount is to be carried out from the date the decision becomes final until the child reaches adulthood.

Due to the change in the method of alimony collection, the court ordered the recall of the writ of execution issued to enforce the previous decision of the Tlumach District Court of Ivano-Frankivsk region, which was being executed by the Ivano-Frankivsk Department of the State Executive Service.

Additionally, since the plaintiff was exempted from paying the court fee under the Law of Ukraine "On Court Fees," the court ordered the defendant to pay the state court fee of 1331 UAH 20 kopecks to the state.

The decision also states that the default judgment may be reviewed by the court of first instance upon a written application by the defendant within the time limits established by the Civil Procedure Code of Ukraine.

An appeal against the court decision may be filed with the Ivano-Frankivsk Court of Appeal within thirty days from the date of its announcement, or if the full text of the decision was delivered later, within thirty days from the date of receipt, with the possibility of restoring the missed procedural deadline in cases provided by law.

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