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Publication date: 01.04.2024
What measures of influence can be carried out on the debtor in the event that he has arrears for the payment of alimony?
The alimony collection procedure involves the following measures, they depend on the amount of alimony arrears, as well as, as practice shows, on the state executive himself, who must act and take these measures in accordance with the norms of current legislation. The amount collection of alimony can also be different, depending on the way in which they are to be paid by the court decision, the payer's income, etc.
The debtor's earnings are the first to be levied. For this purpose, a corresponding resolution is issued, which is sent to the enterprise where the alimony payer works.
Alimony collection from the unemployed is also provided for by the current legislation. In this case, alimony arrears are determined based on the average salary of an employee for a given area.
If the debtor's earnings are insufficient to collect alimony for children in the amount specified by law, the enterprise, institution, organization that made the deductions is obliged to charge the debtor with arrears for the payment of alimony. By the way, in this case, the state executor also has to charge the debtor with arrears for payment of alimony.
It is worth noting that if the court decision determines the collection of alimony in part from the debtor's earnings or income, the collection by the state executive must be carried out not only from wages, but also from all other types of income. So, for example, it can be income from renting out property, etc.
If the child support arrears exceed the amount of child support payments for three months:
- information about the debtor must be entered in the Unified register of debtors (you can check this yourself, because this register is open, and everyone can get this information);
- The state bailiff applies foreclosure on the debtor's property;
- The debt collector can apply to the police authorities with a statement about the commission of a criminal offense - evasion of the payment of alimony
If alimony arrears exceed the amount of alimony payments for four months, the state executor issues the following rulings, which are effective until the debtor repays alimony arrears in full:
- On the restriction of the debtor's right to leave Ukraine;
- About the limitation of the debtor’s right to drive vehicles (however, in this case, the law provides for cases of impossibility of applying this limitation to the debtor: if driving vehicles is the debtor’s main type of income; if the vehicle is used by the debtor due to disability; the debtor is undergoing military service services of various types);
- About the debtor's restriction on the right to use various types of weapons;
- About the limitation of the debtor's right to hunt
Also, in the course of the enforcement of a decision on the collection of alimony, if the debtor has arrears for the payment of alimony for more than 6 months, the state bailiff has the right to draw up a report on the administrative offense against the debtor, provided for in Article 183-1 of the Code of Ukraine on administrative offenses "Non-payment of alimony". This protocol is sent to the court.
In addition, Part 14 of Article 71 of the Law of Ukraine "On Enforcement Proceedings" provides for the possibility of imposing fines on the debtor for the payment of alimony, which are transferred in favor of the debt collector. Thus, in the event of arrears for the payment of alimony, which is greater than the amount of payments for 1 year, the state executor issues a resolution imposing a fine on the debtor in the amount of 20 percent of the arrears for the payment of alimony; in 2 years – 30 percent; in three years - 50 percent of the debt.
If the payer of alimony has debts, the state executor has the right to impose seizures on his bank accounts, which he can discover during the inspection of his property status. In addition, the state executor can seize the immovable property of the debtor, for example, a car. For this purpose, the state bailiff issues decrees on the arrest and search of the debtor's property, which are handed over to the police for execution. If the vehicle is found, and the debtor does not repay the alimony arrears, the state executor has the right to sell the specified car, and transfer the funds to repay the alimony arrears.
In addition, the state executor has been given the authority to even foreclose on the debtor's home and the plot of land located on it, but in this case, the amount of alimony arrears must exceed 20 times the minimum wage.
As you can see, the procedure for collection of alimony, established by the current legislation, provides for many measures of influence on unscrupulous payers.
