Executive inscription of the notary about the collection of alimony.

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Kaploukh Victoria

Attorney

Ukraine / Kharkiv

Court appearence

Drafting of a lawyer's request

Legal analysis of the situation

Writing a statement of claim

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Publication date: 05.06.2024

A notary's writ of execution is a document that allows you to collect alimony arrears without going to court. This is a simplified way of protecting the rights of the alimony recipient. The main points that you should know about the notary's executive writ regarding the collection of alimony:

1. Conditions for obtaining an executive inscription.
   Availability of a notarized agreement:
   An agreement on the payment of alimony must be concluded between the parties, which is notarized.
   Arrears:
   There must be arrears for the payment of alimony, the amount of which is clearly defined.
   
   The procedure for obtaining an executive writ.
   
   Appeal to the notary:
   The recipient of alimony applies to the notary with the appropriate application. Submission of documents:
   The recipient must provide the following documents to the notary:
   Notarized alimony payment agreement.
   Evidence of indebtedness (calculation of indebtedness).
   Executive inscription:
   The notary checks the submitted documents and, if everything is in order, issues an executive order on the collection of alimony.
   
   Execution of executive inscription.
   
   Transfer of the writ of execution to the enforcement service:
   The recipient of alimony transfers the writ of execution to the state enforcement service or a private executor.
   Enforcement:
   The enforcement service begins the procedure of forced collection of debt from the payer of alimony (seizure of property, accounts, etc.).
   
   Advantages of executive inscription.
   
   Speed:
   Obtaining a writ of execution takes less time compared to court proceedings.
   Simplicity:
   The procedure is simplified and does not require participation in court sessions.
   
   Important aspects.
   
   The executive writ can be contested by the alimony payer in court, if he considers it illegal or unfounded.
   The notary has the right to refuse to execute an executive inscription if the provided documents do not meet the requirements of the law.

If the payer of alimony violated the payment procedure established by the contract and a debt was incurred, the following measures must be taken to collect it:

1. Steps to collect child support arrears.
   1. Appeal to the alimony payer:
   Try to resolve the issue amicably by contacting the alimony payer with a demand to repay the arrears. This can be effective if the payer is willing to cooperate.
   2. Written request:
   If oral negotiations have not yielded results, send the payer a written demand indicating the amount owed and the deadline for its repayment.
   3. Application to a notary to obtain an executive inscription:
   Prepare the necessary documents.
   Notarized alimony payment agreement.
   Calculation of arrears, which confirms the non-payment of alimony in the established terms.
   Contact the notary with an application for execution of the writ of execution.
   The notary will check the documents and, if everything is in order, will issue an executive inscription.
   4. Transfer of the writ of execution to the executive service:
   Submit the writ of execution to the state enforcement service or a private executor for forced collection of the debt.
   5. Enforcement of the decision:
   The enforcement service will begin enforcement of the debt. This may include seizing the payer's property, blocking bank accounts, withholding part of wages, etc.
   6. Appeal to the court (if there are problems with the writ of execution):
   If the payer contests the writ of execution or if the notary refuses to issue it, you need to go to court with a claim to collect alimony and arrears.
   Prepare all the necessary documents for the court: alimony agreement, calculation of debt, correspondence with the payer, confirmation of attempts to settle the matter peacefully.
   
   Additional measures.
   
   Legal advice:
   Contact a lawyer who specializes in family law for advice and assistance in drafting documents.
   Notice of change in property status:
   In the event of a change in the payer's property status (sale of real estate, receipt of inheritance, etc.), you have the right to apply to the enforcement service to make changes to the enforcement proceedings.

The agreement on the payment of child support has its pros and cons, which should be taken into account when concluding it. Here are some of them:

1. Pluses.
2.  
3. 1. Flexibility:
   Parents can independently determine the size and order of alimony payments, based on individual needs and capabilities.
   2. Speed ​​and simplicity:
   Conclusion of a contract is faster and easier than a court process. This allows you to avoid court costs and lengthy consideration of the case.
   3. Reduction of conflicts:
   Voluntary agreement can reduce conflicts between parents, as they negotiate on their own without the intervention of the court.
   4. Protection of the rights of the child:
   A notarized contract has the same legal force as a court decision and can be the basis for enforcement in the event of default.
   5. Possibility of making changes:
   Parents can, by mutual agreement, make changes to the contract in the event of a change in circumstances, which allows prompt response to changes in living conditions.
    
4. Cons.
5. 
   1. Risk of fraudulent performance:
   One of the parents may evade the obligations under the contract, which will lead to the need to turn to the court or enforcement service.
   2. Non-compliance with the interests of the child:
   There is a risk of entering into a contract on terms that are not in the best interests of the child, especially if one parent has greater influence over the other when entering into the contract.
   3. Legal difficulties:
   In case of violation of the terms of the contract, it may be necessary to apply to the court for its enforcement, which requires additional expenditure of time and resources.
   4. Change of circumstances:
   If the circumstances change (for example, the income of one of the parents), there may be a need to revise the terms of the contract, which cannot always be done quickly.
   5. Insufficient legal support:
   In some cases, parents may not have sufficient legal support to enter into a balanced and fair contract, which can lead to misunderstandings and conflicts in the future.