Father Requested to Reduce Child Support for a Child with a Disability from 15 to 8 Thousand Hryvnias: What the Appellate Court Decided

The Kherson Appellate Court reviewed a lower court's decision concerning the amount of child support for a minor.

Case Circumstances

The court reported that the plaintiff sought child support from the child's father, requesting a fixed monetary sum. She argued that the child's health condition necessitated ongoing treatment, rehabilitation, special education, and daily care.

Following its review of the case, the court of first instance partially granted the claim, setting child support at 15,000 hryvnias per month.

The defendant appealed this decision, contending that the amount was excessive. In his appeal, he requested a reduction to 8,000 hryvnias per month, asserting that the plaintiff had not substantiated the extent of the claimed expenses for the child and that his actual financial capacity had not been considered.

Appellate Court Decision

In reviewing case No. 954/2853/25, the panel of judges noted that Article 51 of the Constitution of Ukraine obliges parents to support their children until they reach adulthood. The court also invoked provisions of the Convention on the Rights of the Child, specifically Articles 3 and 27, which stipulate that the child's best interests must be a primary consideration in all matters affecting children, and that every child has the right to a standard of living adequate for their physical, mental, spiritual, moral, and social development.

Furthermore, the appellate court was guided by the norms of the Family Code of Ukraine. The court observed that, according to Article 141 of the Family Code of Ukraine, both mother and father have equal rights and responsibilities regarding their child, irrespective of whether they are married or cohabiting. The court also reiterated that, in accordance with Article 180 of the Family Code of Ukraine, both parents are obliged to provide for the child until they reach adulthood.

According to Part Three of Article 181 of the Family Code of Ukraine, child support may be awarded as a portion of the mother's or father's income or as a fixed monetary amount. When determining the amount, the court considers the circumstances outlined in Article 182 of the Family Code of Ukraine: the health and financial situation of the child and the payer, the presence of other dependants, the property and property rights of the payer, as well as other significant circumstances.

The appellate court also considered the provisions of Article 184 of the Family Code of Ukraine, which pertains to determining child support as a fixed monetary amount, and Article 185 of the Family Code of Ukraine, which stipulates the obligation of parents to contribute to additional expenses for the child arising from special circumstances, including illness.

In this specific case, the court noted that the child has a disability, requires constant care, treatment, rehabilitation, and special education, and resides with the mother who provides daily care. Concurrently, the father is of working age, has no other children or incapacitated dependants, and has been employed abroad for an extended period.

Furthermore, the appellate court observed that the determined amount of child support is not fixed. Pursuant to Article 192 of the Family Code of Ukraine, it may be increased or decreased by court decision should there be changes in the material or family status of the parties, a deterioration or improvement in the health of either party, or in other legally stipulated circumstances.

Evaluating the legality of the first-instance court's decision within the arguments of the appeal, in accordance with Article 367 of the Civil Procedure Code of Ukraine, the appellate court concluded that the decision complied with the norms of substantive and procedural law.

By the ruling of the Kherson Appellate Court dated 08.06.2026, the decision of the Novovorontsovskyi District Court of Kherson region dated 27.02.2026 was upheld.

Subscribe to our Telegram channel t.me/sudua, follow SUD.UA on Google News , and join us on VIBER, WhatsApp, Facebook and on Instagram to stay informed about the important events.