Publication date: 14.11.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In Ukraine, the law clearly states that both parents are obligated to support their children until adulthood, regardless of their financial situation. However, in practice, there are often situations where one parent is unemployed, complicating the child support collection process. This article discusses the main aspects of collecting child support from unemployed parents, the legal possibilities for the recipient, and practical advice for those facing such situations.
Legal Basis for Collecting Child Support in Ukraine
Child support is a mandatory payment ordered by the court to cover a child’s material needs. The amount can vary based on each parent’s financial situation, but is typically calculated with reference to the minimum cost of living for a child of a given age.
According to Ukraine's Family Code, even unemployed parents are required to provide financial support for their children. It is important to note that the court prioritizes the child’s interests, so the amount of child support for an unemployed person may be set at the minimum level defined by law.
How Child Support is Collected from the Unemployed
The procedure for collecting child support from an unemployed person has its own nuances since, without a steady income, the court lacks a basis for calculating a standard portion of income. In such cases, the court adopts alternative approaches:
- Calculation Based on Minimum Living Wage The minimum living wage for a child of a given age is the baseline figure for calculating child support. In Ukraine, the minimum amount of child support cannot be less than 50% of the minimum living wage for a child of a certain age. Thus, an unemployed parent is required to pay a fixed amount, even without a stable income.
- Setting Support at a Fixed Amount If the unemployed parent has no official income, the court sets the amount of child support as a fixed monthly payment. This ensures some stability in payments and provides the child with consistent financial support. The court determines the amount based on evidence presented by the receiving party.
- Collection from the Debtor’s Assets In cases where the unemployed person fails to meet their obligations, child support may be collected from the debtor’s assets, such as real estate, vehicles, or other seizable property. Court enforcement officials have the right to sell this property at auction to cover unpaid child support.
Key Aspects for Unemployed Individuals Who Avoid Paying Child Support
Ukrainian law takes a strict stance on avoiding child support obligations, even for unemployed individuals. If an unemployed person refuses to comply with a court order, additional sanctions and restrictions can be applied:
- Temporary restriction on leaving the country
- Freezing of bank accounts
- Mandatory community service to cover debts
Moreover, the law provides for administrative and criminal liability for evading child support, which could lead to restrictions on freedom or even imprisonment in cases of significant arrears.
Key Points to Understand the Child Support Collection Process
- Unemployment does not release parents from their obligation to cover a child’s material needs.
- The minimum living wage for a child serves as a baseline for the minimum amount of support.
- In cases of nonpayment, asset seizure and administrative penalties may apply.
Steps for Collecting Child Support from an Unemployed Person
- Filing a Claim for Child Support: The process begins with filing a claim in court, stating the request to collect child support from the unemployed parent.
- Providing Evidence of the Debtor’s Financial Condition: The claimant must present documents to the court that confirm the debtor’s assets, even if they are not officially employed.
- Obtaining a Court Order: After the case is reviewed, the court will issue an order to collect child support as a fixed amount or through other means.
Question
What sanctions may be imposed on an unemployed person who avoids paying child support?
Answer
If an unemployed person avoids paying child support, various restrictions may apply, including a travel ban, account freezes, and temporary limitations on driving rights. In cases of significant debt, criminal liability may even be applied.
Legislative foundations ensure the possibility of collecting child support regardless of employment status.
Failure to make payments can lead to travel restrictions for the debtor.
The enforcement service has the authority to apply various sanctions, including asset seizure.
Court Practices in Cases of Collecting Child Support from the Unemployed
Court practices in Ukraine show that judges prioritize the child’s interests and often order child support even when the debtor has no stable job. In many cases, courts set a fixed amount of child support that does not depend on the debtor's income. The court may also consider additional sources of income, such as property rentals or real estate sales.
Recommendations for the Claimant in Child Support Cases
- Collect Evidence of the Debtor’s Financial Situation: First, the claimant should gather as much information as possible about the debtor’s financial situation, including information on real estate or other assets.
- Consult with a Lawyer: A child support case can be complex, so consulting a lawyer can help ensure the child’s interests are properly represented.
- Consider Alternative Sources of Income: If the debtor lacks a steady job, the claimant may investigate other income sources, such as rental income.
Our lawyers will also help with the following issues:
- change in the method of alimony collection;
- conditions for child alimony collection;
- alimony collection from the unemployed;
- amount collection of alimony;
- alimony collection procedure;
- procedure for collection of alimony;
- claim for alimony collection;
- alimony collection lawsuit;
- child alimony collection;
- alimony collection claim;
- alimony collection.
Child support cases involving unemployed persons can be challenging, but Ukrainian law provides mechanisms to ensure a child’s material needs are met, regardless of the parent's employment status. Legal tools such as fixed payment amounts, the possibility of asset seizure, and administrative sanctions allow the child’s interests to be effectively protected. To ensure adequate support, it is essential for claimants to approach the court and use all available legal means to secure child support.
