Anna Saliienko

Lawyer

E-mail

saliienko@prikhodko.com.ua

Phone numbers

Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Exemption from paying alimony

The issue of alimony in family law has always been sensitive, because it concerns the provision of the basic needs of the child.

Despite this, the law provides for a number of situations when alimony payments may be suspended or when one of the parents may be exempt from paying them.

Such cases are exceptional and always require careful assessment by the court, since the most important principle of the Family Code of Ukraine is the priority of the interests of the child.

In this article, we will consider in which cases the law allows exemption from alimony obligations, how exactly this process takes place, what documents will be needed and what legal consequences occur after the termination of payments.

What is alimony obligation and why can it be terminated

Alimony is a financial assistance that parents provide to their children to ensure their normal life. According to family law, the obligation to support a child is valid until the child reaches the age of majority or until the completion of education (but not longer than 23 years old).

Despite the general rule, the legislator establishes a list of cases in which the obligation to pay alimony can be terminated or when the payer can be released from such an obligation. All such situations are associated with a significant change in circumstances that affect the financial responsibility of parents.

Grounds for exempting a father or mother from paying alimony

The child reaches the age of majority

After the age of 18, a child is considered an adult, and therefore able to independently provide for his/her needs, provided that he/she is able to work and is not studying.

In this case, the need for alimony benefits disappears naturally, and alimony is terminated. If the child continues to study, the maintenance obligation does not automatically terminate, regardless of whether he/she lives with one of the parents or separately.

High income of the child exceeding the income of the parents

Another ground for dismissal of the alimony payer may be a situation when the child receives income that:

significantly higher than the income of the mother and father,
fully meets its needs for food, treatment, education and accommodation.

It is not about casual earnings, but about a stable and sufficient income, for example, from talents, entrepreneurship, creativity or from property.

If the child’s financial situation changes worse in the future, the parent with whom he/she lives can initiate the renewal of alimony obligations through the court.

Judicial procedure for termination of alimony payments

Neither party can independently decide on the termination of alimony. Even if the parents agree among themselves to cancel them, this will not have legal force without a corresponding court decision.

The court examines the circumstances, assesses the financial situation, and only after that makes a decision on dismissal or refusal.

Exemption from alimony by agreement of the parties (agreement between parents)

Parents can settle the issue of alimony by concluding an agreement.

In it, the parties determine:

the amount of payments,
method of payment,
duration of the document.

The law establishes that exemption from payment of alimony under such an agreement is possible in case of certain circumstances.

Expiration of the contract

Parents can determine the specific period for which the contract is valid. After the expiration of this period, the obligations are terminated automatically. If the child continues to need maintenance, the issue is resolved in court.

Death of one of the parties

If the payer or recipient of alimony dies, the agreement terminates.

At the same time, the death of the payer does not mean that debts for previous years are canceled — they can be collected from his heirs.

Termination of judicial alimony obligations

When alimony was previously determined by the court, its termination is also possible only after a new court decision. The law distinguishes a whole group of grounds.

Age of majority and full legal capacity of the child

If the child has reached the age of 18 and does not need maintenance, the court issues a ruling on the termination of payments. In the case of education, the obligation can be valid until the age of 23.

Adoption

In case of adoption of a child by another person, the legal relationship with the biological father is terminated. Therefore, the obligation to pay alimony passes to the adoptive parent.

Restoration of working capacity or no need for maintenance

We are talking about cases when alimony was collected for a child or other person who needed financial assistance. If the state of health or financial situation of this person has changed, the court may recognize that the need for further maintenance has disappeared.

New marriage of the alimony recipient

If alimony was paid to a former husband or wife, entering into a new marriage automatically terminates the alimony obligations, since the new partner assumes part of the responsibilities for material support.

Death of the payer or recipient of alimony

This ground is unconditional. After the death of one of the parties, the alimony relationship is terminated, and it cannot be continued or transferred to another person.

Termination of alimony due to the transfer of real estate (agreement under Article 190 of the Criminal Code of Ukraine)

The law allows parents to conclude a special agreement, according to which one of them transfers real estate to the child in exchange for the termination of alimony obligations.

This mechanism is used in cases where the father or mother wants to provide the child with housing or other valuable property, avoiding regular cash payments.

Features of such an agreement

For the contract to be valid, it is necessary:

obtain permission from the guardianship and guardianship authority,
conclude it in writing,
notarized,
register ownership in the state register.

If the child is already 14 years old, his/her participation in the signing of the contract is mandatory.

It will also be useful: COLLECTION OF ALIMONY

Protection of children’s rights to property

Real estate transferred to a child has a special legal status:

it cannot be subject to a penalty,
It cannot be alienated until the child reaches the age of majority without the separate permission of the guardianship authority.

This ensures that the transferred property will actually be used for the benefit of the minor.

Who becomes the owner of the property

The property can be registered:

entirely per child, or
for the child and the parent with whom he/she lives — in partial ownership.

The law does not establish specific shares, so they are determined by the agreement of the parties.

Invalidation of the contract

The agreement can be appealed in the following cases:

if the alienator of real estate is excluded from the child’s birth record,
if the parent with whom the child lives does not fulfill his/her obligation to support him/her.

In this case, the ownership of the property can be returned to the alienator.

Procedure for applying to the court

To get an exemption from paying alimony, you need:

Draw up a statement of claim.
Collect evidence confirming the grounds for termination of payments.
Submit documents to the court at the place of residence of the defendant or child.
Take part in the court hearing.
Receive a court decision and ensure its execution.

In each case, the court is guided primarily by the interests of the child, and not only by the desire of the alimony payer.

Therefore, exemption from alimony is a complex legal process that requires a detailed analysis of the circumstances and should always be carried out only through the court.

The law provides for a clear list of grounds when the obligation to support a child can be terminated, but at the same time establishes strict requirements for the protection of the rights of minors.

Alimony obligations may be terminated due to the age of majority, high income of the child, adoption, change of marital status, death of a party or by concluding an agreement on the transfer of real estate.

All these mechanisms are aimed at ensuring a fair balance between the rights of parents and the most important — the well-being of the child.

If you need professional legal assistance or support in alimony cases, please contact Prikhodko & Partners Law Firm — a team of experienced lawyers will protect your interests professionally and effectively.

Calculate the cost of services

1 question

Do you want to be released from the obligation to pay alimony?

Yes

2 question

Do you see any grounds for releasing you from the obligation to pay alimony?

Yes

3 question

Do you need legal assistance urgently?

Yes

Successful cases on the topic:

You may also need:

Appeal against the decision of the Medical and social expert commission

Establishment of guardianship over an elderly person

Establishing custody of the child

Provision of care for children with disabilities in Ukraine

Obtaining a MSEC certificate of disability

REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS

Registration of a child born through reproductive medicine

APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE

THE TRANSFER OF LAND BY INHERITANCE

Confirmation of independent maintenance of the child

Support for registration of marriage with a military man

Appeal of inheritance contract

Articles on the topic:

20%

discount

If we do not
call back
during the day

Law company

Leave a request for legal assistance right now:

9+ years on the market

70+ professional practitioners

Fixed price

Online / offline consultation

Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights