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Recovery of alimony for child in Ukraine

Payment of alimony is one of the possible ways to participate in raising a child by a parent who does not live with him. And it is not always possible to agree peacefully on the need for such content and then resort to other methods of influence in the form of recovery. Then lawyers and lawyers of the Alibi law company will come to the rescue to help defend the legitimate interests of you and your children.

The law has recently significantly tightened the position regarding unscrupulous alimony payers as well as their responsibility for non-payment of alimony. Created a single registry of debtors. You can familiarize yourself with it using the link https://erb.minjust.gov.ua/#/search-debtors. Having entered there data about the person, it is possible to check whether he is in debtors for non-payment of the alimony. Those who are in arrears for more than 3 months to pay alimony from which legal assistance was paid to a minor are entered into this register. The legislator has changed the minimum amount of payments, raising them from 30% to 50% of the subsistence minimum for a minor child of the relevant age. Alimony under the new legislation is recognized as the property of the child.

Of course, you must try to agree on voluntary participation in the content of your offspring with the second parent. In a situation where the spouses do not have a dispute regarding the dissolution of the marriage, while they have minor children, they can sign an agreement to participate in raising the child, having certified him notarially. And in case of breach of contract, there will be no need to go to court. Recovery is made on the basis of the notary’s executive order. But how and where to apply if such an agreement is not signed, and the parent refrains from financial participation?

If you are counting on the minimum amount of alimony, or you understand that there is no possibility to confirm the need for increased payments, or the payer does not have a permanent salary, you can simply submit a request for a court order. The amount of alimony can be solid 50% of the subsistence minimum for a child of the appropriate age, or 30% of the income of the payer. The size of the subsistence minimum for a minor child under the age of 6 years from 01/07/2018 is 1559 hryvnia, at the age of 18 years - 1944 hryvnia. From 01.12.2018 it will be increased. If there is a disputed amount and your arguments can be stated in a well-designed lawsuit, then it is worth considering the issue of bringing a lawyer to help. After all, alimony disputes have a number of nuances, and the amount of alimony obtained is directly dependent on the fact that your claim was substantiated, and what documentary evidence was provided.

Documents that will be needed to go to court for recovery of alimony for a minor child:

  • • A copy of the Applicant’s (Claimant’s) passport
  • • TIN
  • • Copy of marriage certificate (if there was a marriage)
  • • Copy of birth certificate
  • • Help family composition
  • • A copy of the dissolution of the marriage (if it is terminated)
  • • Checks, medical reports, other documents confirming additional expenses.

In practice, many believe that obtaining a writ of execution after a court decision will be the end of problems, but unfortunately, sometimes, this is a new round that is difficult to pass without legal support.

Responsibility for not paying alimony can be divided into three types:

  • • Civil liability (accrual of interest)
  • • Administrative responsibility (it comes, in the case when the total amount of debt exceeds 6 months. Payment, from the day of presentation of the writ of execution for compulsory collection). Can be punished with community service from 120 to 240 hours.
  • • And the last is the most serious criminal liability for non-payment (provided for very malicious non-payers of alimony. Persons concealing incomes, changing their place of residence, place of work without notifying the state executor, evading payment of alimony. Indebtedness, which exceeds payments for 3 months.) . Responsibility may be as follows: community service from 80 to 120 hours or arrest for up to 3 months, restriction of freedom for up to 2 years. Tightening of the sanction in case of repeated evasion from payment of alimony.

If the term of the debt on alimony has exceeded the amount of payments for 6 months, then there are such restrictions for debtors as:

  • • Prohibition on traveling abroad;
  • • Ban on hunting;
  • • The ban on the use of weapons (pneumatic too);
  • • Ban on driving
  • • Social work for up to 2 months, with payment for debt repayment

Criminal liability for non-payment of alimony may occur if the alimony recipient turns to the police with a statement. This right comes, if the debt on alimony exceeds 3 months. And the reasons for this non-payment in the process of pre-trial preparation will be considered by the police. It should be noted that it is necessary to insist on entering information into the Unified Register of Pre-Trial Investigations, no later than 24 hours after filing a statement about the violation of your rights.

The innovations should also include the fact that if the alimony debtor has a total debt of 6 months, the parent raising the child is exempt from obtaining permission to export the child abroad from the debtor. This is confirmed by a certificate from the State Executive Service. But It is worth noting that this rule works in those cases where the decision of the court determines who the child remains with.

The legislator has tightened its rules to protect the interests of children and now the main thing is right with the help of a lawyer or a lawyer on alimony to defend legitimate payments. If you have any questions, Alibi Law Firm will be happy to help you understand the subtleties of the legislator’s stories and provide you with more complete and detailed legal advice not only on alimony including such things as: what and where to file for alimony, how alimony is collected for a minor child and what is the procedure, how to actually collect alimony and what amount of alimony can be counted on, but also on other issues of the law. Possible assistance in the preparation of documents for the legal analysis of the situation. We will be happy to help!


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