FAMILY LAW
Claim for Additional Child-Related Expenses in Ukraine
How to file a claim, prepare evidence and understand Ukrainian Supreme Court case law
Paying child support does not release parents from the obligation to contribute to additional expenses incurred for their child. Where a child requires medical treatment, rehabilitation or other expenditure arising from special circumstances, the other parent may also be required to contribute.
However, proof that money was spent is not enough to recover it. The court must establish which special circumstances gave rise to the expenses, whether the amounts are justified and what evidence supports the claim.
This article explains how to bring a claim for additional child-related expenses in Ukraine, calculate the amount sought and prepare the documents needed for court proceedings.
How additional child-related expenses differ from child support
Under Article 185 of the Family Code of Ukraine, a parent ordered to pay child support, as well as a parent against whom no child support claim has been made, must contribute to additional expenses for a child arising from special circumstances.
Important. Additional expenses are not a substitute for child support. They are a separate parental obligation that may arise regardless of whether a court has previously ordered child support payments.
Child support covers a child’s ordinary living needs. Additional expenses arise from particular special circumstances. The law expressly refers to the development of a child’s abilities, illness and injury, but the list is not exhaustive.
Consequently, ordinary spending on food, everyday clothing or school supplies does not become an additional expense simply because one parent paid for it alone.
If the dispute concerns regular monthly maintenance, it should be addressed as a child support claim. Claims for additional expenses have different legal grounds and evidentiary requirements.
What additional expenses can be recovered
These disputes commonly concern a child’s medical treatment, examinations, surgery, rehabilitation, necessary medical devices or other health-related costs.
Expenses incurred to develop a child’s abilities form a separate category. Depending on the circumstances, these may include specialised lessons, equipment or instruments. However, paying for any extracurricular club, sports activity or private tuition does not automatically bring the expense within Article 185 of the Family Code of Ukraine.
What matters is not the label attached to an expense, but the special circumstances that made it necessary. The court must establish those circumstances on the evidence.
Can parents recover the cost of braces and dental treatment
Orthodontic treatment may qualify as an additional expense if it is medically necessary for the child and supported by medical records.
For example, an orthodontist may diagnose a bite problem, identify the need for treatment, prepare a treatment plan and estimate the cost. These records help explain not only how much treatment costs but also why the expense arose.
It is advisable to retain medical opinions, the treatment plan, the agreement with the clinic, invoices, receipts and records of services actually provided. If treatment will continue for months or years, anticipated payments should be substantiated separately.
An agreement with a clinic or proof of payment for braces does not, by itself, guarantee reimbursement. The court assesses the medical need, the nature of the expense and the supporting documents together.
What evidence is needed to recover additional expenses
The evidence should answer three questions: why did the child have a special need, how much does meeting that need cost, and how are the individual payments connected to it?
| What must be proved | Examples of supporting evidence |
|---|---|
| Special circumstances | Medical opinions, hospital records, examination results, specialist recommendations and evidence relating to the child’s abilities |
| Need for specific expenditure | Doctor’s prescriptions, treatment plans, rehabilitation programmes and explanations of the need for specialised lessons or equipment |
| Expenses already incurred | Fiscal receipts, payment confirmations, bank statements, agreements and certificates of services rendered |
| Future expenses | Cost estimates, invoices, treatment plans, appointment schedules and calculations of expected payments |
| Connection to the child’s needs | Documents identifying the recipient of the services, the purpose of each payment and its connection to the documented need |
If the claim includes different categories of expenses, it is better to prepare a separate calculation for each. This enables the court to examine the legal basis and evidence for every component of the claim.
How to calculate the amount claimed
Article 185 of the Family Code of Ukraine does not impose an automatic rule that the other parent must reimburse exactly half of every expense. The court determines each parent’s contribution in light of the circumstances relevant to the case.
For example, if documented additional expenses total UAH 40,000, the claimant may seek UAH 20,000 from the other parent. But claiming half the amount does not guarantee that the court will award it. The requested contribution must be justified in the particular circumstances.
Ukrainian law allows recovery of expenses already incurred as well as advance funding of anticipated costs. Depending on the child’s needs, contributions may be ordered as a one-off payment, periodically or on an ongoing basis.
How to prepare the statement of claim
The statement of claim must comply with Articles 175 and 177 of the Civil Procedure Code of Ukraine. It should identify the parties, set out the relevant facts, state the relief sought and refer to the supporting evidence.
First, describe the special circumstances affecting the child. Where the claim concerns treatment, specify the medical indications, prescribed procedures, expected dates and costs.
Next, distinguish expenses already paid from those expected in the future and provide a clear calculation of the amount sought from the defendant.
Do not combine treatment, food, clothing, holidays and other needs that may have different legal classifications into one unexplained total. For future expenses, explain their necessity, amount and expected frequency.
Which court has jurisdiction
Claims for additional child-related expenses are heard in civil proceedings. As a general rule, a claim against an individual is filed with the court for the defendant’s registered place of residence or stay.
However, Article 28(1) of the Civil Procedure Code of Ukraine also permits a claim for additional child-related expenses to be filed at the claimant’s registered place of residence or stay. This is particularly relevant where the parents live in different locations.
Is a court fee payable
Claimants seeking payment of additional child-related expenses are exempt from court fees at all court instances. The exemption is provided by Article 5(1)(3) of the Law of Ukraine on Court Fees.
If the same claim combines several separate demands, the availability of a court-fee exemption for the other demands should be assessed individually.
Case law of the Supreme Court of Ukraine
The outcome of an additional-expenses claim depends on the facts established and the quality of the evidence. Even expenses that appear similar may receive different legal treatment.
Case No. 759/22898/20
In its judgment of 26 October 2022, the Supreme Court considered evidence supporting additional expenses for children. The case involved payment records, including receipts and fiscal receipts. The practical lesson is that proof of payment must be assessed alongside the circumstances giving rise to the expense.
Case No. 758/6113/19
In its judgment of 22 March 2023, the Supreme Court considered the distinction between additional expenses and ordinary child maintenance costs. The decision illustrates why each payment should be classified before a claim is filed, rather than treating all spending on a child as recoverable additional expenses.
Why a court may dismiss a claim for additional expenses
One common reason for dismissal is failure to establish special circumstances. A claimant may submit receipts and payment confirmations without explaining why the relevant costs should be covered separately from child support.
Another difficulty is inadequate proof of the price of services, whether they were actually provided to the child or why particular procedures were necessary. Problems also arise when a claim combines unrelated expenses without an itemised calculation.
Preparing the claim should therefore begin with identifying the special circumstances and collecting evidence for each item, rather than simply adding up everything spent on the child.
Legal assistance with additional child-related expenses
A parent may file a claim without a lawyer. In complex cases, however, the main challenge is often not drafting the paperwork but proving the need for the expenses, calculating the claim and assessing the prospects of success.
A MAGISTERS family lawyer can review the documents, identify the relevant evidence, prepare the claim and represent the client in court.
Conclusion
A claim for additional child-related expenses must be supported by evidence of special circumstances, a reasoned calculation and proof connecting the expenses to the child’s needs. Proof of payment alone is insufficient. Before going to court, determine which costs fall within Article 185 of the Family Code of Ukraine and which documents establish their necessity.