Publication date: 03.04.2024
lawyer, 23 years of experience in enforcement.
on begins. According to the current legislation of Ukraine, the execution of the specified court decisions is carried out in accordance with the procedure established by the Law of Ukraine "On Executive Proceedings", taking into account the Family Code of Ukraine, other normative legal acts that regulate the relevant legal relations.
The first thing to do is to file a claim for alimony collection. After the court adopts a positive court decision on the collection of alimony, the debt collector must apply to the court and obtain an executive letter for further presentation to the enforcement authorities, or directly to the accounting department, where the debtor's income is accrued.
procedure for collection of alimony: According to Art. 4 of the ZU "On executive proceedings" executive documents are executive letters issued on the basis of court decisions, court orders, as well as, in the case of a court decision to approve a settlement agreement between the parties on the payment of alimony, in the event that such an agreement is not executed voluntarily.
Voluntary enforcement of decisions on the collection of alimony is provided for in Article 187 of the Family Code and Article 7 of the ZU "On Executive Proceedings" and consists in the fact that the executive document together with the application for the collection of child support can be sent by the debt collector directly to the debtor's place of work. This method of execution can be used in the absence of alimony arrears.
I would like to draw your attention to the fact that executive documents must meet the requirements established by Article 4 of the Law on Executive Proceedings, as well as in accordance with Art. 24 of the said Law, must be submitted to the relevant department at the place of execution. In case of non-compliance with the specified requirements, the executor returns the documents to the debt collector without acceptance for execution. Unfortunately, there are cases when these documents are lost during such a return and there is a need to re-collect or restore the package of documents necessary for the opening of executive proceedings. Therefore, in order to prevent such situations, the debt collector can turn to a specialist for help in submitting an executive document for execution. child alimony collection
After submitting an application for the enforcement of the decision and executive document, the executor begins the enforcement of the decision on the collection of alimony and, no later than the next working day from the date of receipt of the executive document, issues a resolution on the opening of executive proceedings. During the initiation of executive proceedings, the executor is obliged to calculate the debt at the time of presentation of the executive document for execution and establish the amount of alimony collection, which must be notified to the debt collector.
In addition to the resolution on the opening of the executive order and the calculation of alimony arrears, the state executor must explain to the parties the procedure for collecting alimony and send the debt collector an explanation of the provisions of Article 183-1 of the Code of Ukraine on Administrative Offenses, part five of Article 157 of the Family Code of Ukraine and part nine Article 71 of the Law and informs that the debt collector has the right to provide a supporting document in the event that alimony is collected for the maintenance of a child with a disability, a child suffering from severe perinatal damage to the nervous system, severe congenital malformations, a rare orphan disease, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, diabetes mellitus type I (insulin-dependent), acute or chronic kidney diseases of the IV degree, or for the maintenance of a child who received severe injuries, needs an organ transplant, palliative care.
Therefore, the beginning of enforcement of the decision is one of the important stages of implementation and ensures the proper implementation of decisions on the collection of alimony, which is a guarantee of protection of the child's right to decent maintenance and development.
