Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
On May 18, 2024, amendments to the law on mobilization entered into force, which stated that if the debt is not paid for more than 3 months, debtors lose the right to postpone mobilization. If the debt is paid, the right to default is returned.
Deputy Minister of Justice for Executive Service Andriy Gaichenko noted that debtors who are financially insolvent do not always default on their payments. However, these individuals deliberately transfer property and wealth to family members to avoid debt enforcement. Despite the current legislation, in case of non-payment of alimony, they will be entered into the Unified Register of Debtors and their bank cards will be blocked, as well as they will be prohibited from driving vehicles and using firearms. However, "the still fairly strict restrictions do not deter these individuals." Haychenko emphasized this.
The deputy minister explained that there are no exact figures on the number of parents with many children who do not pay benefits for more than 3 months. However, these are at least 20,000 people who will lose the deferment.
The Ministry of Justice already transfers information with the State Migration Service, the latter receives data from the Unified State Demographic Register regarding the registration of debtors' place of residence. That is, the addresses of these tax defaulters are documented. Executors can also create electronic payment instructions and send them to the debtor's client banks with one click of the mouse.
"Yes, in the 3rd quarter of 2023, state executors collected alimony in the total amount of 10.1 billion. And from January to February, 1.8 million hryvnias migrated. I also recognize that alimony is still collected regardless of the child's age, if the child continues to study after 23 years, explained the deputy minister.
How will it function?
After the new mobilization laws take effect next month, parents of conscripts with three or more children must apply to the Central Committee within 60 days of the new laws coming into effect.
These citizens (men and women as well as children) must demonstrate their ability to procrastinate. Beyond the simple fact of raising three or more young children, being debt-free is also tied to the concept of parenthood. Even if the arrears exceed three months' payment per child, the right to deferment will be lost.
TCC will send requests to the State Register of debtors and enforcement programs. In response, the registry will issue certificates based on the model of a criminal record certificate.
The TCC then assesses whether or not you are entitled to a deferral.
For comparison: this year in Ukraine, the amount of the subsistence minimum has increased, as a result, the amount of the minimum income has also increased.
According to Article 182 of the Family Code of Ukraine, the minimum amount of alimony is at least 50 percent of the subsistence minimum for a child of the appropriate age.
From January 2024, the minimum amount of alimony:
- For children under 6, the cost is $1.25 per month.
For children from 6 to 18 years old - UAH 1,598.
How is the amount of alimony calculated? Taking into account the number of children:
- For one child, 1/4 of the income goes to finance his education.
For the second and third tiers, income is shared between these tiers.
For three or more, the income is split in half.
important! the legislation does not allow restrictions on the collection of material support from military personnel. On February 16, 2022, the government adopted Resolution No. 122 "Amendments to Resolution No. 146 of the Cabinet of Ministers of Ukraine of February 26, 1993," by which alimony payments to military personnel are made from all types of monetary assistance. , with the exception of financial assistance, which is not permanent.
The debt collector can make his application by e-mail to the executor with a letter that indicates the status of the debtor as mobilized for military service and the part number, if any. If the executor cannot establish the military address of the debtor, he must send the documents regarding the collection of alimony to the Ministry of Defense. After that, these documents will be transferred to the accounting department of the military unit, in the future, the income from the debt will be paid from the income of the debtor.
Specialists of the Legal Service "Consultant" will help to collect the necessary documents, alimony lawyer consultation and assist in solving issues related to the collection of alimony from military personnel, cost of alimony lawyer services, alimony lawyer assistance, alimony for an adult child, termination of the collection of alimony, and many other issues arising in family legal relations. and will also provide professional advice arising in similar situations. ( legal alimony advice, alimony lawyer kiev )
