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WHETHER IT IS POSSIBLE TO RECOVER ALIMONY FROM MILITARY COMBAT PAYMENTS

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Publication date: 01.10.2024

Is it possible to deduct alimony from the combat pay of a military — help of a lawyer

The Resolution of the Cabinet of Ministers No. 1263 dated 11.11.2022 allows alimony to be collected from the additional remuneration of servicemen of the Armed Forces of Ukraine who are directly participating in hostilities. This award is 100,000 UAH, and according to this resolution, about 30,000 UAH can be collected as alimony.

Money support of military personnel

Money support of military personnel includes the following components:

  1. monthly basic payments (official salary, salary according to military rank, seniority allowance),
  2. monthly additional payments (allowances, surcharges),
  3. one-time payments (remuneration and additional remuneration for the period of martial law).

Types of monetary support of military personnel from which alimony can be collected

Alimony from military personnel is withheld from all types of cash support and other payments provided for by law, including additional remuneration provided during martial law, with the exception of payments that are not permanent and in other cases , defined by law.

Peculiarities of compulsory alimony collection from a military man

In the case of compulsory collection of alimony on the basis of documents from a state or private executor, the debt collector can apply to the executor with a written statement indicating that the debtor is mobilized for military service and, if possible, provide the number of his military unit. If the executor does not have information about the location of the part, he is obliged to send the documents to the Ministry of Defense of Ukraine. After that, the documents will be transferred to the accounting department of the military unit to continue withholding alimony from the debtor's income.

Calculation of alimony from military payments

According to the court's decision, funds for child support (alimony) can be awarded in the form of a share of the income of the mother or father, or in a fixed monetary amount - depending on the choice of one of the parents or other legal representatives of the child, with whom she lives.

Minimum and maximum amount of alimony recovery

The minimum guaranteed amount of alimony per child is at least 50% of the subsistence minimum for a child of the appropriate age.

 

The guaranteed amount of child support is the minimum amount that a parent pays when their income is low.

 

The recommended amount of alimony is established by the court in cases where the alimony payer has a sufficient level of income.

Question-answer

Questions

Is it possible to collect alimony from military pay?

Answer

Yes, according to the legislation of Ukraine, alimony can be collected from all types of financial support, including combat payments, provided that they are not of a permanent nature.

Questions

What amount can be withdrawn from combat pay?

Answer

Collection of alimony from combat payments may be carried out within the limits established by the court, but may not exceed 50% of the total amount of payments.

Questions

If the military is mobilized, how is alimony collected?

Answer

If the debtor is mobilized, the executor can send the documents to the Ministry of Defense of Ukraine, which will transfer them to the accounting department of the military unit for further execution.

The importance of a lawyer's participation in alimony cases

In child support cases, especially military pay, the involvement of a lawyer is critical. A lawyer provides professional legal support, helping to draw up documents correctly, assess the chances of successful collection, and also represent the client's interests in court. Thanks to his expertise in the field of family law, the lawyer can protect the client's rights, provide advice on possible legal consequences, and also support him psychologically in the process of considering the case. This increases the chances of a successful outcome and ensures compliance with all legal regulations.

How to choose a civil lawyer

When choosing a lawyer, pay attention to the following aspects:

  • Experience and qualifications - make sure the lawyer has sufficient experience in protecting the rights of debtors.
  • Rating - read customer reviews and successful cases of the lawyer.
  • Individual approach - choose a lawyer who is ready to pay attention to you and take into account all the details of your situation.

Cooperation with legal marketplace 'Consultant'

If you need help with the collection of alimony, contact our specialists. We cooperate with the best lawyers in civil law, ready to provide qualified support at all stages of resolving your situation. Contact us today to get help from experienced professionals! Call +380637375800 for a professional consultation today!

Conclusion

The issue of collecting alimony from combat pay of military personnel has become relevant in the conditions of martial law. By a resolution of the Cabinet of Ministers of Ukraine, it is allowed to collect alimony from the additional remuneration of military personnel participating in hostilities, which makes it possible to provide financial support to children who are left without one of their parents. The importance of a lawyer's professional assistance in such cases cannot be underestimated, because it is the lawyer who can ensure the correct execution of documents, assess the chances of successful collection and represent the client's interests in court. In this regard, it is worth contacting specialists to get proper legal support and ensure compliance with all legal norms in the process of collecting alimony.

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