Father Could Not Pay Alimony to Adult Daughter After Serious Injury — What the Court Decided
The Dobrovelychkivskyi District Court of Kirovohrad region partially satisfied the father’s claim to reduce the amount of alimony for the support of his adult daughter who continues her studies. The court concluded that after the previous decision was made, circumstances changed that affect the payer’s ability to pay alimony in the previously determined amount.
The court reduced the alimony from 1/6 to 1/12 of all types of the payer’s income. At the same time, the request to reduce payments to 1/20 of the income was denied.
Case Circumstances
In July 2025, the court ordered the father to pay alimony to his adult daughter in the amount of 1/6 of all types of his income during her university studies, but not beyond her 23rd birthday. The writ of execution was submitted for enforcement, after which alimony began to be withheld from the man’s salary.
Later, the father filed a new lawsuit, stating that after the decision was made, his financial and family situation changed, and his health deteriorated.
The plaintiff indicated that he continues to pay alimony for his underage son, supports his mother who is a person with a Group III disability, and in September 2025 suffered serious injuries — fractures of ribs and vertebrae, underwent inpatient treatment and rehabilitation, and incurred additional medical expenses. Initially, he requested to reduce alimony to 1/10 of his income, then amended his claim to request a reduction to 1/20 of his income.
Daughter’s Objections
The defendant did not recognize the claim.
She stated that she has been a person with a Group III disability since childhood, constantly takes medication, undergoes medical examinations, and incurs expenses for dormitory accommodation, food, and clothing.
During the case, the court requested information from the Pension Fund of Ukraine, the State Tax Service, and the university.
From the evidence examined, it was established that the daughter studies full-time, receives state assistance as a person with a disability since childhood, an academic scholarship, as well as alimony and other income. At the same time, the court found that she has severe congenital heart defects, underwent several complex surgeries, and requires further rehabilitation and medical supervision.
Court’s Position
The court noted that according to Articles 182, 192, 199, and 200 of the Family Code of Ukraine, the amount of alimony may be changed in case of changes in the material or family status of the parties, deterioration or improvement of their health, or other circumstances provided by law. The court also referred to the legal conclusions of the Supreme Court, according to which a change in family status is an independent basis for changing the amount of alimony and does not depend on changes in the person’s financial situation.
Evaluating the evidence provided by the parties in case 387/52/26, the court established that after the previous decision, changes indeed occurred that affect the plaintiff’s ability to pay alimony in the previous amount. The court took into account the deterioration of his health, incurred medical expenses, the obligation to support his elderly mother who is a person with a Group III disability, as well as the fact that the plaintiff continues to pay alimony for his underage son.
At the same time, the court considered the adult daughter’s health, her studies, disability status, as well as her receipt of state assistance, scholarship, and other income. The court separately emphasized that the obligation to support a child equally lies with both the father and the mother.
Taking into account the principles of reasonableness and fairness, the court concluded that it is necessary to ensure a balance between the interests of the adult daughter who continues her studies and the father’s capabilities as the alimony payer.
What the Court Decided
The court partially satisfied the claim and reduced the amount of alimony for the support of the adult daughter who continues her studies from 1/6 to 1/12 of all types of the father’s income.
The new alimony amount is subject to collection from the date the decision comes into legal force.
Additionally, the court terminated the collection of alimony under the previous writ of execution issued for the enforcement of the alimony decision at 1/6 of the income and ordered the withdrawal of this writ due to the change in the alimony amount.
The court denied the plaintiff’s request to reduce alimony to 1/20 of the income, recognizing it as unfounded.
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