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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.
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.

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.
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