Registration of child support

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Consultant # 1377

Lawyer

Ukraine / Kyiv

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Publication date: 24.07.2024

Introduction

Child support is an important legal instrument for providing financial support to minor children. They help to ensure appropriate conditions for the upbringing, development and maintenance of a child when parents are separated or unable to fully fulfil their parental responsibilities. This text examines the legal procedure for child support in Ukraine, including the legal framework, the procedure for filing an application, determining the amount of child support, and the rights and obligations of the parties.

The legal framework

1. The Constitution of Ukraine
    
2. Family Code of Ukraine
    
3. Law of Ukraine ‘On Enforcement Proceedings’
    

Procedure for the execution of alimony

• Voluntary agreement on the payment of alimony
   

The easiest way to arrange child support is to enter into a voluntary agreement between the parents. Such an agreement may be executed in writing and contain terms and conditions regarding the amount, procedure and timing of alimony payments. A voluntary agreement avoids litigation and is a flexible mechanism that takes into account the interests of both parties and the child.

In order for the agreement to be legally binding, it must be notarised. This means that both parents must go to a notary who will notarise their signatures and confirm the validity of the agreement. If it is necessary to change the terms of the agreement, for example, to change the amount of alimony or the terms of its payment, the parties may enter into an additional agreement, which must also be notarised. 

• Court procedure for the recovery of alimony
   

If the parents cannot reach an agreement on the payment of alimony, one of them may file a claim for the recovery of alimony with the court. To do so, a statement of claim must be filed with the court at the place of residence of one of the parents or the child. The application must state the circumstances of the case, the requirements for the defendant to pay alimony, and evidence confirming the need for such payment. 

The court considers the case and makes a decision on the recovery of alimony. In the decision, the court determines the amount, procedure and terms of payment of alimony, and takes into account the financial situation of both parents, the needs of the child and other circumstances. A court decision may be appealed in accordance with the established procedure, but until the decision enters into force, it is enforceable. 

• Determining the amount of alimony
   

The amount of alimony is determined taking into account the financial situation of both parents, the needs of the child and other circumstances that may be relevant. According to the Family Code of Ukraine, the minimum amount of alimony per child cannot be less than 50% of the subsistence minimum for a child of the relevant age. However, the court may determine a higher amount of alimony, taking into account the additional needs of the child, such as education, medical care, sports or cultural activities.

In cases where one of the parents has an irregular or unstable income, alimony may be ordered in a fixed amount of money. This avoids changes in the amount of alimony depending on fluctuations in the payer's income. The court may also order the alimony payer to provide additional funds to cover unplanned expenses related to the child's medical treatment or other needs. 

Rights and obligations of the parties 

• Rights of the recipient of alimony
   

The recipient of alimony has the right to receive the full amount of alimony determined by the agreement or court decision in a timely manner. They also have the right to demand indexation of alimony in cases provided for by law, for example, in the event of a significant increase in inflation or a change in the subsistence level. If the alimony payer fails to fulfil its obligations, the recipient has the right to apply to the state executive service for the enforcement of the debt. 

The recipient of alimony also has the right to request an increase in the amount of alimony in the event of a change in circumstances, such as an increase in the child's needs or an improvement in the payer's financial situation. Such a request may be filed with the court at any time if there are grounds to believe that the current amount of alimony does not meet the child's needs.

• Rights of the alimony payer
   

The alimony payer has the right to a fair determination of the amount of alimony in accordance with their financial situation and capabilities. They also have the right to request a reduction in the amount of alimony in the event of a change in circumstances, such as a decrease in income or the emergence of new responsibilities for the support of other family members. In such cases, the payer may apply to the court to change the amount of alimony. 

The alimony payer has the right to receive reports on the use of alimony funds if they are deposited into the child's account or transferred to the recipient. This allows you to control whether the funds are used for their intended purpose and for the needs of the child. In the event of improper use of the funds, the payer may apply to the court with a corresponding application.

• Responsibilities of the alimony payer
   

The alimony payer is obliged to pay the alimony determined by the agreement or court decision in a timely manner and in full. This includes both regular payments and additional payments to cover unplanned expenses. If circumstances change that make it difficult to fulfil the obligations, the payer must immediately notify the recipient and, if necessary, apply to the court to review the terms of the agreement or decision. 

The payer is also obliged to provide reliable information about its financial position and income. False information or attempts to conceal income may lead to liability, including enforcement of alimony and the imposition of penalties. 

Enforcement of child support orders

• Voluntary enforcement
   

Voluntary enforcement of child support orders is the easiest and most effective way to ensure financial support for a child. The payer fulfils the obligation on his or her own by making regular payments to the recipient's account or through other agreed channels. The recipient, in turn, controls the receipt of funds and their intended use.

• Enforcement
   

If the payer refuses to fulfil its obligations or fails to pay alimony on time, the recipient may apply to the state enforcement service for enforcement. Enforcement officers may apply various coercive measures, including seizure of property, blocking of bank accounts, restrictions on travel abroad and other sanctions. Enforcement is a last resort and is used only when other methods have failed. 

Liability for non-payment of alimony

• Administrative liability
   

The payer may be held administratively liable for late or incomplete payment of alimony. This may include the imposition of fines or other administrative sanctions. Administrative liability is applied in cases where the violation is not systematic and does not have signs of a criminal offence. 

• Criminal liability
   

In the event of systematic non-payment of alimony or evasion of obligations, the payer may be held criminally liable. The Criminal Code of Ukraine provides for penalties for malicious child support evasion, which may include fines, community service or imprisonment. Criminal liability is applied in cases where the payer's actions lead to a significant violation of the child's rights to an adequate standard of living.