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Publication date: 03.06.2024
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Publication date: 03.06.2024
The execution of the court decision on the collection of alimony in Ukraine is an important stage that ensures the realization of the child's rights to financial support from one of the parents. The main steps and procedures for implementing such a decision include:
- 1. Obtaining an executive letter:
• After the court's decision becomes legally binding, it is necessary to apply to the court to obtain a writ of execution.
2. Appeal to the executive service:
• The executive letter together with the application for enforcement of the decision is submitted to the state executive service or a private executor. In the application, it is necessary to specify the details of the bank account for the transfer of alimony.
3. Opening of enforcement proceedings:
• The executor opens enforcement proceedings and informs the debtor about it.
4. Implementation of the decision:
• The executor sends requests to the debtor's employer or to financial institutions for the purpose of withholding alimony from the debtor's wages or other income.
• If the debtor does not work or has no income, the executor can apply to his property to ensure the payment of alimony.
5. Performance control:
• The executive service controls the receipt of funds to the account of the recipient of alimony. If the debtor evades payment, additional measures may be applied, such as restrictions on travel abroad, deprivation of the right to drive a vehicle, etc.
6. In case of non-payment:
• If the debtor evades the execution of the court's decision on the collection of alimony, fines may be imposed on him or other sanctions provided for by the legislation of Ukraine may be applied.
Claim for alimony collection / alimony collection - The procedure may have some features depending on the specific circumstances of the case, but the general procedure is as follows. It is also important to pay attention to the fact that the amount of alimony can be changed by a court decision in the event of a change in the financial status of the parties or other significant circumstances.
In Ukraine, 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. This provision is enshrined in Article 182 of the Family Code of Ukraine.
- The subsistence minimum for children is established annually by the Law on the State Budget of Ukraine. To determine the minimum amount of alimony, you need to know the actual living wage for a child of the appropriate age for the current year.
An example of calculating minimum alimony
If, for example, the subsistence minimum for a child under 6 years old is UAH 2,500, then the minimum amount of alimony will be: 2500×0.5=1250 UAH2500 \times 0.5 = 1250 \text{UAH}2500×0.5=1250 UAH
For a child aged 6 to 18 years, if the subsistence minimum is UAH 3,000, then the minimum amount of alimony will be: 3000×0.5=1500 UAH3000 \times 0.5 = 1500 \text{ UAH}3000×0.5=1500 UAH
Steps to receive minimum alimony
1. Appeal to the court: If the alimony has not yet been assigned, you need to appeal to the court with a claim for their recovery.
2. Obtaining a court decision: After the trial, receive a court decision on the appointment of alimony.
3. Executive letter: After the decision has entered into legal force, obtain an executive letter from the court.
4. Appeal to the executive service: Submit a writ of execution to the state executive service or to a private executor.
Alimony collection lawsuit / alimony collection claim - If you want to know the current numbers of the subsistence minimum, you need to refer to the latest version of the Law on the State Budget of Ukraine.
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 has the right to take the following actions in accordance with the legislation of Ukraine:
- Definition of indebtedness.
• The executor determines the amount of the debt, taking into account all missed payments and amounts that must be paid according to the court decision.
Limitation of the debtor's rights.
• Restrictions on the right to travel abroad: The executor may apply to the court for a temporary restriction of the debtor's right to travel outside Ukraine.
• Restrictions on the right to drive vehicles: The executor can apply to the court for a temporary restriction of the debtor's right to drive vehicles.
• Restrictions on the right to hunt: The right to hunt and use firearms may be restricted.
• Ban on the use of some types of leisure: For example, the ban on the use of weapons for sports shooting.
Foreclosure of property.
• Seizure of property: The executor can attach the movable and immovable property of the debtor, which is subject to collection.
• Realization of property: According to the executor's decision, the debtor's property can be sold at auction to cover the debt.
Other financial sanctions.
• Fines: The executor can impose fines on the debtor in accordance with the law.
• Penalties: Penalties can be added to the amount owed, which increase the total amount of the debt.
Appeal to law enforcement agencies:
• In the case of systematic evasion of alimony payments, the executor may apply to law enforcement agencies to bring the debtor to criminal liability under Article 164 of the Criminal Code of Ukraine ("Evasion of child support payments").
The procedure of actions of the executor.
1.Issuing a resolution: The executor issues a resolution on the opening of executive proceedings.
2. Notification of the debtor: The executor notifies the debtor about the opening of the proceedings and about the possible consequences in case of non-compliance with the decision.
3. Execution of actions for recovery: All of the actions listed above can be carried out by the executor to ensure the execution of the court decision.
Legislative framework.
The actions of the executor are regulated by:
• Family Code of Ukraine.
• The Law of Ukraine "On Executive Proceedings".
• The Criminal Code of Ukraine (in terms of liability for alimony evasion).
Change in the method of alimony collection - These actions are aimed at ensuring the interests of the child and encouraging the debtor to fulfill his obligations.
If there is arrears for the payment of alimony, the aggregate amount of which exceeds the sum of the corresponding payments for four months, the executor has the right to take stricter measures to ensure the payment of the arrears. In accordance with the legislation of Ukraine, in particular the Law of Ukraine "On Executive Proceedings" and the Family Code of Ukraine, these actions include:
- 1. Definition of debt:
• The executor determines the exact amount of alimony owed, including all missed payments.
2. Limitation of the debtor's rights:
• Temporary restriction on the right to leave Ukraine: The executor may apply to the court for a temporary ban on the debtor's leaving the country.
• Temporary restriction on the right to drive vehicles: The executor can apply to the court for the temporary deprivation of the debtor's right to drive vehicles.
• Restrictions on the right to hunt and use firearms: The Contractor may take measures to restrict these rights.
3. Foreclosure of property:
• Seizure of the debtor's property: The executor can impose a seizure on the debtor's movable and immovable property, which is subject to collection.
• Realization of property: Seized property can be realized through public auctions or other procedures established by law to repay the debt.
4. Financial sanctions:
• Imposition of fines: The executor can apply fines to the debtor.
• Penalties: Penalties may be charged on the amount owed, increasing the total amount of the debt.
5. Bringing to criminal responsibility:
• In case of systematic evasion of alimony payments, the executor may apply to law enforcement agencies to bring the debtor to criminal liability under Article 164 of the Criminal Code of Ukraine ("Evasion of child support payments").
Legal framework and additional measures.
1. The legislation of Ukraine provides for additional measures to ensure the execution of court decisions regarding the collection of alimony:
• Family Code of Ukraine.• Law of Ukraine "On Executive Proceedings".
• Criminal codex of Ukraine.
• Resolution of the Cabinet of Ministers of Ukraine on limiting the debtor's rights in case of alimony arrears.
The procedure of actions of the executor.
1. Issuance of a resolution on the opening of executive proceedings.
2. Notification of the debtor about the opening of proceedings and possible consequences in case of non-compliance with the decision.
3. Implementation of actions for debt collection, including seizure and sale of property, restriction of rights and other measures.
Amount of alimony collection - These measures are aimed at ensuring the interests of the child and encouraging the debtor to fulfill his obligations regarding the payment of alimony.
In accordance with the current legislation of Ukraine, arrears of alimony payments, the aggregate amount of which exceeds the amount of payments for certain periods, leads to the imposition of fines. In particular, in accordance with Part 14 of Article 71 of the Law of Ukraine "On Enforcement Proceedings" and other legal acts, the following fines may be applied to debtors:
- Debt for 1 year:
If the amount of alimony arrears exceeds the amount of the corresponding payments for 1 year, a fine of 20% of the arrears is imposed on the debtor.
Debt for 2 years:
If the amount of alimony arrears exceeds the amount of the corresponding payments for 2 years, a fine of 30% of the arrears is imposed on the debtor.
Debt for 3 years or more:
If the amount of alimony arrears exceeds the amount of the corresponding payments for 3 years or more, a fine of 50% of the arrears is imposed on the debtor.
An example of calculating fines.
Example 1: Debt for 1 year
Debt: UAH 24,000 (the sum of monthly payments of UAH 2,000 for 12 months)
Fine: UAH 24,000 * 20% = UAH 4,800
Example 2: Debt for 2 years
Debt: UAH 48,000 (the sum of monthly payments of UAH 2,000 for 24 months)
Fine: UAH 48,000 * 30% = UAH 14,400
Example 3: Debt for 3 years
Debt: UAH 72,000 (the sum of monthly payments of UAH 2,000 for 36 months)
Fine: UAH 72,000 * 50% = UAH 36,000
The procedure for imposing fines.
1. Determining the debt: The executor determines the amount of the debt and checks the period for which it falls (1 year, 2 years or more).
2. Imposition of a fine: The executor issues a resolution on the imposition of a fine in accordance with the amount of the debt.
3. Notification of the debtor: The debtor receives a notification about the imposition of a fine and the amount of the debt.
4. Execution of the decision: The executor takes measures to collect the debt and the imposed fine (seizure of property, restriction of rights, etc.).
Legislative framework.
Law of Ukraine "On Executive Proceedings", Article 71.
Family Code of Ukraine.
Alimony collection procedure - These measures are aimed at encouraging debtors to timely fulfill their obligations regarding the payment of alimony and protect the child's rights to proper maintenance.
