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Publication date: 01.04.2024
Therefore, a claim for alimony collection was filed in court, and a decision was received to collect child alimony from the defendant. Many have a question, what to do next, what is the procedure for collecting alimony?
After the court decision on the collection of alimony becomes legally binding, the debt collector will be issued an executive document - a writ of execution, or a court order on the collection of alimony, which will contain information about the debt collector, the debtor, the amount collection of alimony, etc.
Then there are two options:
1) Collector of alimony in accordance with Part 4 of Art. 187 of the Family Code of Ukraine has the right to independently submit an application with an executive letter to the enterprise where the alimony payer works. On the basis of the specified application, the administration of the enterprise is obliged to deduct alimony from the salary or other income of the debtor in the amount determined by the executive document, and no later than three days from the day that is the day of payment of wages at the enterprise. The indicated alimony is transferred directly to the recipient to the account indicated by him in the application to the enterprise;
2) if the debt collector does not have information about the place of work of the alimony payer, and the payer himself does not voluntarily pay alimony, the debt collector must apply directly to the relevant executive service at the debtor's place of residence with a statement to present an executive document for execution, and then to execute the specified court decision the executive service is engaged.
It is worth noting that the application for enforcement of the court decision must contain mandatory details, in the absence of which the specified application may not be accepted for execution by the state executor. These are the following details:
- data of the executive document;
- details of the debt collector;
- method of transfer of funds and details of the bank account of the debt collector.
At the same time, the original or a duplicate of the executive document (executive letter or court order) must be attached to the application for enforcement of the court decision on the collection of alimony.
The requirements for the application for enforcement of a court decision are described in more detail in the Order of the Ministry of Justice of Ukraine No. 512/5 dated April 2, 2012 "On the approval of the Instructions for the organization of enforcement of decisions."
If the application for enforcement of the court decision is made in violation of the norms of the current legislation, or the executive document does not meet the requirements of the current legislation, the executor has the right to return the specified executive document to the debt collector without acceptance for execution in accordance with the provisions of Part 4 of Article 4 of the Law of Ukraine "On Enforcement Proceedings" ".
Therefore, in order not to waste time, it is worth contacting a relevant specialist in the field of law or a lawyer in order to draw up an application for the presentation of an executive document on the collection of alimony.
The state bailiff, upon receipt of the debt collector's application with the enforcement document, in the absence of grounds provided for in the provisions of part 4 of Article 4 of the Law of Ukraine "On Enforcement Proceedings", is obliged to issue a resolution on the opening of enforcement proceedings no later than the next working day, after which coercive proceedings begin execution of the court decision on the collection of alimony.
Having accepted the executive document for execution, the state executor must calculate the amount of alimony payment debt.
The state executor is obliged to calculate the amount of the debtor's alimony arrears every month. In addition, the state executor must carry out indexation of the amount of alimony determined in a fixed monetary amount. Also, the state executor must calculate the arrears from the payment of alimony during the receipt of the executive document for execution, in the event that the debtor or debt collector submits an application for the transfer of the debt, in the event that a decision on the enforcement of the debtor’s earnings is sent to the enterprise, as well as in the event of the end of the executive proceedings
It should be noted that even if the executive document was issued to the debt collector, but for one reason or another was not immediately presented for execution, the accrual of debt may be carried out by the executor at the request of the debt collector within 10 years preceding the presentation of the executive letter for execution. If, during all this time, the debtor still paid alimony (in this case, one may face the unscrupulous behavior of the collector when he received alimony, but did not report it when presenting the executive document to the executive service), then he must submit to the state executive receipts for payment of alimony by him throughout this time, and the state executor, on the basis of the documents provided to him, will recalculate the debtor's debt in accordance with current legislation.
If the debtor or the debt collector does not agree with the amount of debt charged by the state bailiff, they can appeal to the court with a corresponding complaint against the actions of the state bailiff.
The state executor is obliged to check the property status of the debtor within 10 days after the opening of the enforcement proceedings in order to establish his income, as well as property, if there is arrears for the payment of alimony. In the future, the state executor must carry out a constant check of the debtor's property status, especially if there is arrears for the payment of alimony. At the same time, the availability of bank accounts must be checked every two weeks, and the availability of movable property, real estate, and income data - every three months.
Thus, the alimony collection procedure and the cconditions for child alimony collection have a number of features, are a long-term process, and require knowledge and skills in this field.
