Publication date: 02.06.2024
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The employee is mobilized: what to do with the accrual of alimony?
Introduction
The mobilization of workers during military operations or other emergency situations is a hot topic that raises many questions, in particular regarding the calculation and payment of alimony. In this article, we will consider how the process of calculating alimony for mobilized workers takes place, what legal norms regulate this issue, and what steps need to be taken to ensure that alimony obligations are properly fulfilled.
Legislative regulation
Law of Ukraine "On Mobilization Training and Mobilization"
This law defines the procedure and conditions for the mobilization of citizens of Ukraine. According to the law, mobilized workers keep their jobs and average earnings during the service.
Family Code of Ukraine
The Family Code of Ukraine regulates the calculation and payment of alimony. According to the code, one parent is obliged to provide financial support to his minor children regardless of the circumstances, including mobilization.
Law of Ukraine "On Executive Proceedings"
This law regulates the procedure for the execution of court decisions, in particular regarding the collection of alimony. The executive service is obliged to ensure the execution of court decisions on the collection of alimony even in the case of mobilization of the payer.
Calculation of alimony at
mobilization
Saving earnings
During mobilization, the employee's average earnings are kept. This means that alimony continues to be calculated based on this average earnings.The employer is obliged to withhold alimony from the saved earnings and transfer them to the appropriate account.
Change in income
If the mobilized employee receives other types of income, for example, financial support from the Ministry of Defense of Ukraine, this should also be taken into account when calculating alimony. It is important to inform the executive service about the change in sources of income for the correct calculation of alimony.
Executive letters
When the employee is mobilized, executive letters regarding alimony remain valid. The executive service must ensure the continuation of the collection of alimony from the new income of the mobilized employee.
Practical steps to ensure the calculation of alimony
Notification of the employer
The mobilized employee or his representative must notify the employer about the mobilization. The employer, in turn, is obliged to notify the executive service about the change in the employee's status.
Cooperation with the executive service
The executive service must be informed about the mobilization of the alimony payer. This is necessary for the correct redirection of executive documents and ensuring the continuous collection of alimony.
Update information
The mobilized employee must ensure that his contact details and income information are updated. This will help avoid delays in calculation and payment of alimony.Special cases
Temporary insolvency
In the case of temporary insolvency of a mobilized employee, for example, due to a delay in the payment of monetary support from the Ministry of Defense, it is necessary to apply to the court for a temporary review of the terms of payment of alimony.
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