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Publication date: 03.04.2024
lawyer, 23 years of experience in enforcement.
As of today, the current legislation provides for administrative, civil (financial) and criminal liability for non-payment of alimony, and the procedure for collecting alimony collection procedure. procedure for collection of alimony.
If there is arrears for the payment of alimony, the total amount of which exceeds the amount of payments for three months, the executor is obliged to take the following actions: issue a notice about the entry of information about the debtor into the Unified Register of Debtors, applies foreclosure on the debtor's property and sends the debt collector a written explanation about the right to apply to pretrial investigation authorities with a statement (notification) about the debtor's criminal offense, which consists in evading the payment of alimony.
Foreclosure on the debtor's property consists in the seizure of the debtor's funds and child alimony collection support from the accounts, the seizure of the debtor's movable and immovable property for the purpose of its further realization at the expense of debt repayment.
In the presence of arrears for the payment of alimony, which was formed from the date of submission of the application for the collection of alimony to enforcement and the total amount of which exceeds the sum of the corresponding payments for four months (in cases where alimony is charged for the support of a disabled child - three months), the state executor establishes temporary restrictions of rights, namely: temporary restriction of the debtor's right to leave Ukraine; on temporary restriction of the debtor's right to drive vehicles; temporary restriction of the debtor's right to use firearms for hunting, pneumatic and cooled weapons, devices of domestic production for shooting cartridges equipped with rubber or metal projectiles similar in their properties to non-lethal action, and temporary restriction of the debtor's right to hunt. All limitations of rights are established until the repayment of alimony arrears in full.
I would like to note that there is an established list of circumstances under which the debtor's temporary restriction on the right to drive vehicles cannot be applied, namely: if the establishment of such a restriction deprives the debtor of the main legal source of livelihood; the debtor's use of a vehicle in connection with a disability or the debtor's being dependent on a person with a disability of the I, II group, recognized in the established procedure, or a child with a disability; the debtor's military service and performance of military tasks; deferment or postponement of alimony arrears in accordance with the procedure established by law.
In accordance with the provisions of Article 183-1 of the Code of Ukraine on administrative offenses in case of non-payment of alimony for child maintenance, which led to the occurrence of arrears, the total amount of which exceeds the sum of the corresponding payments for six months from the date of presentation of the executive document before enforcement, the executor draws up a protocol about an administrative offense and sends it for consideration to the court at the location of the state executive service body. If the court approves this protocol, the debtor is forcibly sent to community service, for the performance of which the debtor is charged a salary, 100 % amount collection of alimony.
Financial responsibility consists in imposing additional fines on the debtor for non-payment of alimony, which are paid in favor of the debt collector. This type of liability arises in the event of the total amount of debt, which was declared after 1 year from the moment of the opening of executive proceedings.
If there is arrears for the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for 1 year, the executor issues a resolution imposing a fine on the debtor in the amount of 20% of the amount of arrears for the payment of alimony; in two years, the executor issues a resolution imposing a fine of 30% on the debtor and in 3 years, the executor issues a resolution imposing a fine in the amount of 50%. In the future, the decree on the imposition of a fine is issued by the executor in the event of an increase in the amount of the debtor's debt by an amount whose total amount exceeds the sum of the corresponding payments for 1 year.
Also, the legislator provides that if the debtor has arrears for the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for 1 year, 10% of the executive fee, which is levied in favor of the state, begins to accrue. The executive fee is charged monthly until the debt is paid off.
