МАКС_Will parents with many children no longer receive a deferral?

Will parents of many children no longer get a deferment? - legal aid

In Ukraine, parents of three or more children have the right to postpone military service, with the exception of those who owe alimony for more than three months. In this article, we will consider in detail the conditions for granting a deferment for parents with many children and the list of documents required for its confirmation.

Features in legislation

Under a new mobilization law passed this year, men and women who have three or more children under the age of 18 are exempt from conscription during mobilization.

It is important to note that after the entry into force of this law (from May 18, 2014), conscripted parents of three or more children were obliged to apply to territorial recruitment centers (TCC) within 60 days. to confirm your right to deferment.

For this, it was necessary not only to confirm the fact of paternity of three or more minor children, but also to prove the absence of child support arrears. If the amount owed exceeds three monthly payments, the right to postponement is cancelled. However, after repayment of the debt, the right to postponement is restored.

What documents confirm the right to postponement

If all children are from the same marriage and the spouses are still married:

• Birth certificate of all children (three or more) indicating the paternity of the conscript.
• Certificate of registration of marriage with the mother (father) of the children.

If the children are from different marriages or the marriage with the mother of the children is broken:

• Birth certificate of all children (three or more) indicating the paternity of the conscript.
• Court decision on dissolution of marriage and determination of the place of residence of children with their father (mother), or the decision of the guardianship and care authority on the place of residence with a father in military service, or a written agreement between the parents on the place residence of children and the participation of the second parent in their upbringing.
• A court decision establishing the fact that the child is dependent on a conscript in accordance with Article 315 of the Civil Procedure Code of Ukraine, as well as an agreement on the payment of alimony for the child, is also required.

Getting a postponement - legal support

In order to obtain the right to postponement, it is necessary to submit an application to the territorial recruitment and social support center (TCC and SP) in accordance with the form approved by the Resolution of the CMU of May 16, 2024 No. 560, together with the specified documents . The decision to grant a postponement is made by the commission operating at the TCC and JV.

Soon online deferment will be available for this category of people through the Rezerv+ mobile application. As reported by the Ministry of Defense, it is planned to implement this function through integration with other registers, and the first updates to the application will be aimed at parents with many children and full-time students.

Non-payment of alimony leads to mobilization

New sanctions for parents with many children who do not pay alimony. The law continues to grant deferment from mobilization to parents with three or more children, but imposes sanctions for non-payment of alimony.

If the debt exceeds three months, such parents can be mobilized. TCCs will have access to the database on alimony debts, and this rule will apply even in case of non-payment of alimony for one child.

The Ministry of Justice estimates this potential mobilization resource at 20,000 people, emphasizing that mobilization in this case is an opportunity to pay off debts and provide for children, not just a punishment.

The role of lawyers in cases of obtaining a deferment for parents with many children

Attorneys play a critical role in multiple parent deferment cases, advising on statutory requirements and criteria, assisting in the preparation and collection of documents, and representing clients before TCC and JV commissions. They check for child support arrears and advise on repayment, which may affect the right to deferment. Lawyers also represent clients in courts and other bodies, help with appeals in case of refusal and inform about changes in legislation, providing comprehensive legal support to effectively achieve a positive result.

The importance of legal support when obtaining a deferment

Legal support when obtaining a deferment is critically important, because the process of obtaining and confirming a deferment for parents with many children is complex and includes many bureaucratic aspects. Lawyers help to correctly prepare and submit the necessary documents, check the absence of child support arrears and represent the interests of clients in the TCC and judicial authorities in case of disputes or refusals. They also monitor changes in legislation, which allows for timely adaptation of documents and rights protection strategy, increasing the chances of successfully obtaining a postponement.

If you have difficulties in obtaining one-time monetary assistance in connection with the death of a soldier, we advise you to contact experienced lawyers on the consultant.net.ua platform. Our specialists have deep knowledge in this field and are ready to provide you with qualified legal support to protect your rights and interests. By ordering legal support from us, you can count on a professional approach and high quality services.