Legislative improvements for Ukrainian children: clarification from lawyers

In 2024, the Ukrainian government increased child support payments. This decision is related to the increase of the living wage in Ukraine. According to the new rules established from January 1, 2024, the minimum amount of alimony per child is 50% of the subsistence minimum for a child under the age of 6, 60% for children from 6 to 18 years of age. Information about this is available at site government 

From January 2024, the minimum guaranteed amount of alimony is:

– for children under 6 years old — 1,281.5 hryvnias;

for children from 6 to 18 years old — 1,598 hryvnias.

The government’s decision was made with the aim of ensuring adequate financial support for children and compliance of alimony payments with inflationary processes. The increase in alimony will also help reduce cases of refusal to fulfill alimony obligations and provide a more effective mechanism for protecting children’s rights to adequate financial support.

It is also worth noting that changes have also been made for alimony for adults. In particular, the minimum amount of alimony per adult is 30% of the subsistence minimum for able-bodied persons, and 20% for the disabled.

How to determine the amount of alimony?

Taking into account the factor of the number of children, the calculation scheme is as follows:

– for one child – ¼ of the income;

– for two – 1/3 of the income;

– for three or more — ½ of the income.

At the same time, the court can take into account various factors: the health and financial condition of the child and the alimony payer, the presence of other children and disabled relatives (husband, wife, parents, daughter, son), property rights (real estate, car, etc.), expenses and income payer, etc.

What is the difference between the guaranteed amount of alimony and the recommended amount?

The guaranteed amount of alimony per child is the minimum amount that a father or mother pays if their income is low. At the same time, the recommended amount is the one established by the court in case of sufficient earnings of the alimony payer. As for the maximum amount of alimony, it cannot exceed 10 subsistence minimums:

– up to 6 years old — 25,630 hryvnias;

– from 6 to 18 years old — 31,960 hryvnias.

In addition, the government updated the rules for obtaining maternity leave in order to improve the conditions for parenthood and to promote the preservation of the health of the mother and the newborn. According to the innovations that came into force on January 1, 2024, parental leave can be granted to both parents. At the same time, if one of the parents chooses not to work, or receives parental leave, the other parent or mother can use the right to receive leave under the following conditions:

1. Full vacation – lasting up to 70 calendar days, while the salary is paid in the amount of 100 percent of the average salary for the last three months of work.
2. Partial vacation – up to 140 calendar days, while the salary is paid in the amount of 50 percent of the average salary for the last three months of work.

Who is entitled to such leave and under what conditions?

1. Unmarried parents, provided that if the child’s father is not married to the mother, but they live together, have a joint household and mutual responsibilities, he can now also receive leave. This requires a written confirmation of cohabitation and a birth certificate of the child.
2. Relatives – grandparents or other adult relatives who actually take care of a child whose mother or father is single, are now also entitled to leave. In this case, it is necessary to submit a written application of the single mother (father).

What list of documents must be submitted to confirm the right to maternity leave?

The right to maternity leave is confirmed by:

– a written statement of the child’s mother and the child’s birth certificate, which contains relevant information about the child’s father, if the child’s father is taking leave and is not in a registered marriage with the child’s mother, but they live together and are connected by common life, have mutual rights and obligations. At the same time, the written statement of the child’s mother must necessarily contain information that the mother and the child’s father live together, are connected by a common life, have mutual rights and obligations;

– a written statement from the child’s mother or father, who are single, if the child’s birth leave is planned to be taken by the grandmother or grandfather, or another adult relative of the child, who actually takes care of the child.