See more
Publication date: 03.04.2024
lawyer, 23 years of experience in enforcement.
Execution of court decisions on the alimony collection is carried out by state and private executors in accordance with the procedure established by the Law of Ukraine "On Enforcement Proceedings" taking into account the Family Code of Ukraine and other normative legal acts that regulate relevant legal relations.
Child alimony collection must be in the amount determined by the executive document, but not less than the minimum guaranteed amount provided for in Article 182 of the Family Code of Ukraine, must be necessary and sufficient to ensure the harmonious development of the child and cannot be less than 50 percent of the subsistence minimum for the child appropriate age.
procedure for collection of alimony: The executor begins the enforcement of the decision on the collection of alimony on the basis of the executive document specified in Article 3 of the Law on Enforcement Proceedings, upon the request of the debt collector for the enforcement of the decision. After checking the submitted documents on the initiation of enforcement proceedings for compliance with the requirements specified in Articles 4 and 5 of the Law "On Enforcement Proceedings", the executor no later than the next working day from the date of receipt of the enforcement document issues a resolution on the initiation of enforcement proceedings, a copy of which with the relevant documents and sends clarifications to the debt collector and the debtor.
Within ten days from the day of the opening of enforcement proceedings, the executor shall take measures to obtain information about the debtor's income and issue a resolution on the collection of the debtor's income. The collection of alimony is carried out in accordance with the requirements of Article 70 of the Law, and the amount of deductions from the debtor's income is deducted from the amount remaining after all taxes and fees have been deducted. 50 percent of the debtor's income may be withheld until the alimony arrears are paid in full. I would like to draw your attention to the fact that with significant alimony arrears, the amount of deductions from wages can reach 70 %.
If the debtor receives earnings (income) in different places, the deduction of alimony from each type of payment is carried out according to separate resolutions on the enforcement of the debtor's income in accordance with the amount of maintenance determined by the executive document.
If alimony is collected from the debtor for the support of three or more children, as well as if there is arrears for the payment of alimony for the past time, the executor in the resolution notes the collection of 50% of the debtor's earnings to ensure current payments. Past-due debt in such cases can be repaid by foreclosing on the debtor's property.
Collected alimony amounts are transferred by the executor to the bank or other financial institution account specified by the creditor in the written application or sent to the creditor's address by postal transfer, which is carried out at the expense of the funds of the enforcement proceedings.
In cases where the amount of alimony recovery in a fixed monetary amount is greater than the percentage deducted from the debtor's income, since the latter receives a minimum income that is not enough to repay even the current alimony, the difference in underpayment is counted as arrears and can be charged in the future at the expense of property of the debtor.
Control over the correctness, completeness and timeliness is entrusted to the Contractor, for this the accountant of the enterprise is obliged to report monthly to the law enforcement authorities on the amounts of accrued income and withheld alimony. The accountant bears administrative responsibility for dishonest fulfillment of alimony requirements.
Quite often there are situations when the debt collector files a claim for the collection of alimony in a fixed monetary amount and according to the court decision 50% of the subsistence minimum for a child of the appropriate age is established, but at the same time the debtor has an income that is many times more than the minimum amount that must be paid, in such a case the debt collector must apply to the court to replace the debt collection from a fixed amount of money to part of the income. change in the method of alimony collection is carried out exclusively in court.
Currently, executors, due to heavy workloads, do not always have the opportunity to control the correctness and timeliness of alimony deductions by accountants, and therefore, in order to obtain a positive result, it is advisable, through the appropriate specialist in the field of law, to maintain contact with the state executor, who carries out enforcement alimony recovery decision.
