New Civil Code of Ukraine 2026: Child Support as the Child’s Property and Court Release Mechanism
Draft law No. 14394 dated January 22, 2026, titled “Draft Civil Code of Ukraine (Code of Private Law)” has been registered in the Verkhovna Rada. The author is the Chairman of the Verkhovna Rada, Ruslan Stefanchuk. The document proposes a large-scale restructuring of private law, including family relations. If adopted, the current Family Code will cease to be in force.
The draft is structured into nine books: “General Part,” “Personal Law,” “Property Law,” “Intellectual Property Law,” “Law of Obligations,” “Family Law,” “Inheritance Law,” “Private International Law,” and “Publicity of Civil Rights.” It is Book Six, “Family Law,” that contains provisions directly changing the approach to child support.
Return of Family Law to the Civil Code
One of the key innovations is the integration of family regulation into the structure of the Civil Code. Family relations will no longer exist as a separate codified act. They are incorporated into the unified body of private law.
This approach means that issues of marriage, maintenance, inheritance, and property relations will be considered through the general principles of civil law legal transactions, time limits, representation, and methods of protecting rights.
After the adoption of the new Code, the current Family Code of Ukraine will lose its force.
Child Support as the Property of the Child
The draft directly establishes:
“Child support received for a child is the property of the child.”
This is a fundamental change. Previously, child support was perceived as funds received by one parent to ensure the child’s needs. The draft now fixes a different approach: the child is the legal owner.
At the same time, it states:
“The parent or other legal representative in whose name child support is paid shall dispose of the child support exclusively for its intended purpose and in the interests of the child.”
Additionally, it provides:
“A minor child has the right to participate in the disposal of child support received for their maintenance.”
And another provision:
“A minor child has the right to independently receive child support and dispose of it.”
In practice, this means an expansion of the property autonomy of minors. The child is recognized as a subject of the right to child support, not merely an object of maintenance.
Possibility of Release from Child Support Obligations
One of the most controversial provisions states:
“Upon the application of the child support payer, the court may release them from the obligation to provide maintenance if the income of the recipient exceeds the income of the payer and fully covers the needs of the recipient.”
This concerns situations where the parent with whom the child resides has a higher income and that income fully covers the child’s needs. In such a case, the court is granted the authority to fully release the other parent from the financial obligation.
At the same time, a restoration mechanism is предусмотрed:
“If the recipient of child support ceases to receive income or their income decreases, the interested party has the right to apply to the court with a claim for the recovery of child support.”
Thus, this is not an automatic termination, but a court procedure requiring an assessment of the parties’ financial situation.
Form and Method of Payment
Maintenance may be provided:
- in kind;
- in monetary form;
- or in a combination of both.
By court decision, child support may be awarded:
- as a share of income;
- as a fixed monetary amount;
- or in both forms simultaneously.
The court may set a minimum or maximum amount in a fixed sum even when child support is determined as a share of income.
Child Support Agreement
The draft allows the parties to conclude a notarized agreement:
“The parties to a child support obligation have the right to conclude a child support payment agreement defining the terms, amount, and deadlines for payment.”
The agreement must be notarized. In case of non-performance:
“Overdue child support may be recovered on the basis of a child support enforcement writ issued by a notary.”
If the arrears exceed the amount of payments for three months, enforcement is possible without court proceedings – through a notarial enforcement writ.
Indexation and Liability
The amount of child support determined in a fixed monetary sum is subject to annual indexation.
In case of delay:
“The recipient has the right to recover a penalty in the amount of one percent of the unpaid child support for each day of delay… but not more than 100 percent of the amount of the debt.”
Additionally, inflation losses and three percent annual interest are предусмотрed.
Calculation in Case of Income Abroad
If the payer does not work, is a sole proprietor under the simplified taxation system, or receives income abroad, child support may be calculated based on the average salary at the place of residence.
If the actual income abroad is established, the enforcement officer has the right to recalculate the arrears.
Return of Paid Child Support
The draft includes the following provision:
“Child support recovered on the basis of an enforcement document or paid under an agreement after the termination of the right to maintenance shall be considered as received without legal grounds and shall be subject to full return, but not more than for three years.”
It also provides for the return of funds paid within the framework of an invalid marriage.
Post List
What These Changes Mean
The draft establishes:
- child support as the property of the child;
- the possibility of court release from payment if the recipient’s income is higher;
- expansion of the contractual mechanism through a notary;
- strict financial liability for delay;
- enforcement mechanisms when the payer works abroad;
- the possibility of returning excessively paid funds.
These are not cosmetic amendments but a change in the legal logic of maintenance. The financial participation of parents becomes more closely linked to the actual material situation of the parties and procedural activity.
The further fate of the draft depends on parliamentary consideration, but it is already clear that Book Six “Family Law” proposes a new model for regulating child support obligations that significantly differs from the current approach.
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