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Publication date: 09.05.2024
Alimony. The procedure for collection of alimony
Child support is a monthly payment that one parent is required to pay to support their child or other family member who needs financial assistance. The main purpose of alimony is to ensure a sufficient standard of living for children and other persons who cannot provide for themselves.
There are different types of alimony:
Child support is a payment, collection of alimony for a child, which a father or mother is obliged to pay for the support of his child. Child support can include expenses for food, clothing, education, medical care and other needs of the child.
Alimony for the wife (husband) is the payment that one of the spouses is obliged to pay to the other spouse after the divorce or before the divorce. They are intended to ensure the economic support of one of the spouses.
Parental support is a payment that adult children can make to their parents who need help due to age or disability.
Alimony is usually established by the court or agreed between parents or spouses. The amount of alimony may depend on income, number of children and other circumstances. It is important to follow the law and meet your child support obligations to ensure the well-being of your family and children.
Determination of the amount of alimony:
The amount of alimony is determined by law. The executor collects alimony from the debtor in the amount determined by the executive document, but not less than the minimum guaranteed amount provided for by the Family Code of Ukraine. This should ensure the harmonious development of the child.
The alimony collection procedure and conditions for child alimony collection
can be as follows.
Ways and procedure of collection of alimony.
VOLUNTARY DEDUCTION OF THE AGREED AMOUNT OF FUNDS:
The possibility of collecting alimony in a voluntary manner assumes that the collector can apply to the place of work of the payer of alimony, where he is paid a salary, pension, stipend, etc. For this, it is necessary to submit an executive document and a statement, formulated in an arbitrary form, with the mandatory indication of the details of an identity document, as well as bank details for the transfer of alimony.
COLLECTION OF ALIMONY PURSUANT TO AN EXECUTIVE WRIT FROM A NOTARY:
Pursuant to the provisions of Article 88 of the Law "On Notaries", a notary executes executive inscriptions if the submitted documents confirm the indisputability of the debt or other liability of the debtor to the debt collector. It is important that no more than three years have passed since the day the right of claim arose.
In order to execute a writ of execution by the debt collector or his authorized representative, an application is submitted to the notary, in which the following data must be specified:
Name of the debt collector and the debtor.
Place of residence of both parties.
Identification numbers.
Date and place of birth of the debtor.
His place of work.
The term for which collection is carried out.
Information on amounts of alimony to be collected.
The executive inscription on the contract on the payment of alimony for a child can only refer to the collection of overdue debts, that is, those payments for which the deadline for their payment has passed. This means that the notary can make an executive inscription if the debtor does not fulfill his obligations under the alimony agreement.If the procedure for the payment of alimony payments under the contract is violated, and there is arrears of alimony payments, you can apply to the enforcement service with an executive inscription of a notary to collect arrears of alimony payments. This is one way to ensure that maintenance obligations are met.
COLLECTION OF ALIMONY BASED ON A COURT ORDER:
The court can issue a court order for the collection of alimony based on an application for the collection of alimony in a share of the income of one of the parents or in a fixed amount of money.
According to part 4 of Article 161 of the Civil Procedure Code of Ukraine, the court can issue a court order for the collection of alimony, if a claim for the following amount of amount collection of alimony:
For one child:
1/4 of the earnings (income) of the alimony payer. But no more than ten subsistence minimums per child of the appropriate age.
For two children:
1/3 of the earnings (income) of the alimony payer. But no more than ten subsistence minimums per child of the appropriate age for each child.
For three or more children:
1/2 of the earnings (income) of the alimony payer. But no more than ten subsistence minimums per child of the appropriate age for each child.
These limits apply to the amount of child support that can be ordered by the court. It is important to take these norms into account when applying to the court for the collection of alimony.
COLLECTION OF ALIMONY ON THE BASIS OF A COURT DECISION ADOPTED FOR A CLAIM FOR COLLECTION OF ALIMONY:
Based on the results of the review of the claim for the alimony collection lawsuit, the court makes a decision by which it can collect alimony in any reasonable amount.
Indexation of the amount of alimony:
Unless otherwise stipulated in the executive document or in the agreement between the parents, the indexation of the amount of alimony is carried out in accordance with the established procedure.
Foreclosure on the debtor's property:
If the total amount of the debt exceeds the amount of payments for three months, the collection may be directed to the property of the debtor.
Calculation of the amount of debt:
The executor is obliged to calculate the amount of arrears every month and index the amount of alimony.
