Child maintenance without going to court: the “Strategic Advocacy” law association explains how parents can agree and properly draw up an agreement

Paying child maintenance does not have to begin with a court dispute. If parents are prepared to agree on how their child will be supported, Ukrainian law allows them to set the amount, timing and procedure for payments themselves and to record their arrangements in a notarised agreement.

Under Article 180 of the Family Code of Ukraine, parents are obliged to maintain their child until the child comes of age. At the same time, Article 181 of the Family Code provides that parents may decide between themselves how this obligation is to be fulfilled. A parent who lives separately may contribute to the child’s maintenance either in money or in kind.

What to include in a child maintenance agreement

The right of parents to conclude a separate agreement on the payment of child maintenance is established by Article 189 of the Family Code. Such a document must be made in writing and certified by a notary.

The agreement should set out as clearly as possible the amount of maintenance, the frequency and specific due dates of payments, the method of transferring funds, how the money is to be used, and any other terms that matter to the parents.

The more detailed the mechanism for fulfilling the arrangements, the less room there is for disputes in the future.

That said, freedom of contract in such legal relationships is not absolute. The terms of the agreement cannot infringe the rights and interests of the child. The amount of maintenance must meet the requirements of family law and ensure proper conditions for the child’s development.

If maintenance is set as a fixed sum of money, indexation must also be taken into account. Article 184 of the Family Code provides for annual indexation of such an amount in accordance with the law, unless the parties have agreed otherwise.

What to do if the agreement is not honoured

One of the main advantages of a notarised agreement is the ability to protect the child’s rights without first having to go through full court proceedings.

If one of the parents stops fulfilling the obligation set out in the agreement, Part 2 of Article 189 of the Family Code allows maintenance to be recovered on the basis of a notary’s writ of execution in the cases provided for by law.

A child maintenance agreement is therefore not merely an informal arrangement between parents, but a legal instrument that sets clear rules and can provide a mechanism for enforcement.

Before signing such a document, it is important to assess not only the current amount of the payments but also possible changes in circumstances: the rising cost of raising the child, inflation, and additional expenses for medical treatment, education or personal development.

A properly drafted agreement helps to avoid many conflicts in the future and, most importantly, to ensure that the child’s interests are properly protected.