Publication date: 14.05.2024
Execution of court decisions on the collection of alimony — explanation of the Ministry of Justice
The Ministry of Justice of Ukraine explained the procedure for executing court decisions on the collection of alimony.
Execution of court decisions on the collection of alimony is carried out by state and private executors in accordance with the procedure established by the Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law). Currently, in the conditions of martial law, the execution of court decisions on the collection of alimony is ensured in accordance with the procedure established by law.
The executor must collect 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.
According to Article 182 of this Code, the amount of alimony must be necessary and sufficient to ensure the harmonious development of the child.
The minimum guaranteed amount of alimony per child cannot be less than 50 percent of the subsistence minimum for a child of the appropriate age.
The minimum recommended amount of alimony per child is the subsistence minimum for a child of the appropriate age and can be awarded by the court in case of sufficient earnings (income) of the alimony payer.
If the debtor receives income, the execution of decisions is carried out by withholding alimony from the debtor's salary, pension, stipend and other income based on the decision of the executor.
It should be noted that the main problems of non-execution of court decisions on the collection of alimony are the debtors' lack of funds and property on which it is possible to foreclose, the debtors do not work and do not receive income.At the same time, the provisions of the legislation define a system of measures in case of non-compliance with decisions on the collection of alimony.
Thus, in the event of arrears for the payment of alimony, the total amount of which exceeds the amount of payments for three months, the executor shall take the following actions:
issues a notice on entering information about the debtor into the Unified Register of Debtors;
carries out measures to foreclose on the debtor's property;
sends the debt collector a written explanation about the right to apply to the pretrial investigation authorities with a statement (notification) about the debtor's criminal offense, which consists in evading the payment of alimony.
It should be noted that only debt collectors have the right to apply to law enforcement agencies with a statement about the initiation of criminal proceedings against the debtor for evading the payment of alimony for child maintenance, since in accordance with Article 477 of the Criminal Procedure Code of Ukraine, proceedings can be initiated only on the basis of the victim's statement.If there is arrears for the payment of alimony, the total amount of which exceeds the sum of the corresponding payments for 4 months (and 3 months — if the alimony is paid for the support of a child with a disability, a seriously ill child), the state executor shall issue reasoned resolutions establishing a temporary restriction of the debtor's right to:
travel outside Ukraine;
driving vehicles (except for the cases specified in Part 10 of Article 71 of the Law);
use of hunting firearms, pneumatic and cooled weapons, devices of domestic production for firing cartridges, equipped with non-lethal rubber or metal projectiles similar in their properties;
hunting.
At the same time, if the debtor has paid the debt in full, the specified temporary measures are terminated based on the decisions of the state executive on the cancellation of such measures or the end of enforcement proceedings.
In accordance with Clause 102 of Chapter XIII "Final and Transitional Provisions" of the Law, temporarily, for the period until the termination or abolition of martial law on the territory of Ukraine, the effect of the decrees of state executives on establishing a temporary restriction of the debtor's right to use hunting firearms, pneumatic and cooled weapons, devices of the national manufactured for firing cartridges equipped with non-lethal rubber or metallic projectiles similar in their properties.
Also, such a measure of influence is applied to debtors, such as the imposition of fines in the presence of arrears for the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for 1 year (20% of the amount of arrears for the payment of alimony), for 2 years (30% of the amount of arrears for the payment of alimony), for 3 years (50% of the arrears from the payment of alimony).
In the future, a decision to impose a fine in the amount of 20% will be issued by the executor in case of an increase in the debtor's debt by an amount whose total amount exceeds the sum of the corresponding payments for one year.
At the same time, the sums of fines are collected by the executor from the debtor after repayment of alimony arrears in full and transferred to the debt collector.
If the debtor's actions contain signs of an administrative offense provided for in Article 1831 of the Code of Ukraine on Administrative Offenses (non-payment of alimony), the state bailiff draws up a report on the administrative offense and sends it to the appropriate court for consideration.
Non-payment of alimony for the maintenance of a child, one of the spouses, parents or other family members, which led to the emergence of arrears, the aggregate amount of which exceeds the sum of the corresponding payments for 6 months from the date of presentation of the executive document before enforcement, leads to the performance of socially beneficial works for a period of 120 to 240 hours. Repeated commission of the offense within a year is punishable by performing community service for a period of 240 to 360 hours.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
For the performance of socially useful works, the violator is charged a fee for the work performed by him, which is transferred to the appropriate account of the state executive service body for further repayment of arrears from the payment of alimony.
Also, in case of non-payment of alimony, debt collectors have the right to receive temporary state aid for children, the procedure for which is regulated by the Resolution of the Cabinet of Ministers of Ukraine of February 22, 1996 No. 189 "On approval of the Procedure for the appointment and payment of temporary state aid to children whose parents avoid paying alimony, do not have the ability to support the child or their place of residence is unknown."
