If one of the parents does not participate in providing for the child (regardless of whether the marriage has been officially dissolved), the other parent has the right to demand child support. When calculating child support, both the needs and interests of the child, as well as the financial situation of the child support payer, are taken into account.
to the lead lawyer
Child support is money that is periodically paid by the parent who lives separately for the maintenance of a minor child (children). As a rule, child support is paid monthly. However, there are exceptions when parents live together, but one of them refuses to contribute to the child’s support — in such a case, child support is recovered through the court.
The right to receive child support belongs either to one of the parents or to any guardian with whom the child actually lives. This may be a grandmother, grandfather, aunt, or another relative with whom the child lives and who is officially recognized as their guardian.
Child support recovery is required when one of the parents does not contribute funds to the maintenance of the child (children). They may live separately or together with the family, have a new family, etc. Child support can be formalized either by agreement between the parties through certification of a child support agreement by a notary, or through court proceedings.
To file a claim for child support, it is necessary to apply to the court at the place of residence of the defendant (the person who lives separately) or the plaintiff. If the mother and child live abroad, she must apply to the district court at the place of registration of the father. If she is unable to remain in the country permanently during the court proceedings, she issues a power of attorney at the Consulate of Ukraine in the country of residence or with a notary (in this case, a translation into Ukrainian, an apostille, and certification by the consul will be required) and sends it to Ukraine. In this case, a lawyer can submit an application for child support recovery on behalf of this person.
If the mother’s interests are represented by a lawyer, a legal services agreement is concluded, which grants them the relevant powers. They may exchange written copies of this agreement or sign it with an electronic digital signature.
Currently, it is not possible to file a child support claim through Diia. The implementation of relevant tools is being discussed as of summer 2026.
When determining the amount of child support, the child’s needs and the parents’ income are taken into account. Child support may be calculated as a fixed monetary amount or as a percentage of income (½, ⅓, or ¼). The share is determined by the court based on the financial situation of the parents, the child’s needs, and the child’s health condition.
Previously, the legislation contained statutory proportions for child support:
Under current legislation, there are no fixed statutory proportions for child support amounts, but courts still use these shares as a basis. However, they are not mandatory, and there are cases when the court awards ½ of income for one child or ¼ for two children.
For a child support claim, the person submitting the application attaches documents confirming the identities of the parents and the identity of the child: a birth certificate, marriage certificate, and divorce certificate (if available), as well as any document confirming that the child lives together with the plaintiff. As a rule, this is a certificate of residence registration.
To determine the amount of child support through court, any documents confirming expenses for the child are provided:
Information about the parents’ income is also provided. If there is no information about the salary of the child support payer, a request is submitted to the court to make relevant inquiries at the place of employment and to the tax authorities to determine income, since this is of fundamental importance for calculating child support.
Usually, the plaintiff applies to the court when there is a dispute regarding the amount of child support. First, parents should try to agree between themselves on who and how will take care of the child, the procedure for communication with the child, as well as the amount of money each parent will allocate from their own budget.
It is possible to agree verbally, but an oral agreement does not allow the parties to refer to the arrangements and demand payment of child support. Therefore, it is advisable to formalize a child support agreement with a notary. It specifies the procedure for paying child support, specific amounts, and liability.
Thus, it becomes a civil law agreement, and if someone avoids fulfilling their obligations (for example, does not pay funds), the other party may apply to the court and recover, by a separate court decision, the child support debt accumulated over a certain period based on this agreement.
If the parties have not concluded an agreement (for example, due to the unwillingness of one of the parties), the other party may apply to the court. The court makes a decision determining the amount of child support, taking into account all circumstances, and this document is mandatory for execution. Enforcement is carried out by the state enforcement service.
Even if the court has made a decision to recover child support from the defendant, difficulties sometimes arise at the stage of actual enforcement. The child support payer may not have a source of income even to pay the minimum amount of child support (50% of the subsistence minimum for a child or UAH 1,400 as of 2026), so the debt accumulates, and they bear liability, including criminal liability. At the same time, the plaintiff receives nothing. It also happens that the child support payer hides their income, so their financial situation must be established by the court.
For example, the payer gets a job with an official minimum salary, but proving that they receive money “in an envelope”, work abroad, have income in cryptocurrency, or own property that is not used in Ukraine is extremely difficult. This complicates child support recovery, especially when it concerns a share of earnings. As a result, the child does not receive what they are entitled to under the court decision. If it is impossible to determine the father’s income, the court may calculate child support based on the average salary in the region.
A child support lawyer provides full multi-stage support, starting with the development of a legal position and filing a claim with the court. The assistance of a lawyer (attorney) is fundamentally important because it is necessary to properly prepare the application, attach documents regarding the parties and their income, and substantiate the claims with proper evidence (the child’s needs and the financial capabilities of the parties).
The lawyer advises which documents need to be obtained: certificates from clinics, schools, kindergartens, and activity groups regarding expenses for the child, as well as how to prepare a package of financial documents regarding monthly expenses for food, clothing, and other needs. They finalize the package of documents and determine a justified realistic amount that should be recovered from the payer.
If a person wants to receive more than the minimum child support amount in 2026, they need the assistance of a child support lawyer who will prepare an appropriate evidence base.
At the court stage, the lawyer represents the plaintiff’s interests, submits evidence, provides explanations, and participates in discussions with opponents, as well as speeds up the consideration of the case through motions and performs all procedural actions so that the court makes a decision in the interests of the child while taking into account the interests of the parents.
Each situation is unique, and any circumstances may be important for further actions. Therefore, during a lawyer’s consultation, the client describes their situation in detail, and the lawyer (attorney) asks questions and explains unclear issues, provides guidance regarding the amount of child support, which documents need to be prepared, which certificates should be requested, and how to confirm expenses for the child.
The lawyer assesses the prospects of receiving child support and the approximate timeframe for consideration of the matter. As a result, the person receives all the necessary information and makes a decision regarding filing a claim.
| Legal consultation on determining the amount and recovery of alimony (child support) | 1500-2000 UAH |
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