Publication date: 07.06.2024
Deduction of alimony from the bonus received by a serviceman is legal. In accordance with Ukrainian legislation, in particular the Law of Ukraine "On Executive Proceedings" and other normative acts regulating the deduction of alimony, the income from which alimony can be withheld includes not only the basic salary, but also all types of additional rewards and bonuses.
- According to Article 70 of the Law of Ukraine "On Enforcement Proceedings", alimony is withheld from all types of earnings and additional rewards, including bonuses, allowances, material assistance, etc., unless otherwise provided by law or a court decision. This means that in the case of military personnel, the bonuses they receive also fall under this category of income and alimony can be deducted from them.
Alimony attorney / alimony lawyer - therefore, withholding alimony from a military serviceman's bonus is a legal and legitimate act.
According to Part 2 of Article 9 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families", the financial support of servicemen includes:
- 1. Salary according to military rank is a regular payment that depends on the rank of a military serviceman.
2. Salary by position – payment that depends on the position held by a serviceman.
3. Allowances, additional payments, promotions and bonuses are additional payments that may include:
Seniority allowances;
Allowances for special conditions of service;
Allowances for secrecy (in the case of working with classified information);
Other types of allowances established by law;
Bonuses paid for service achievements.
Alimony lawyer / how much does it cost to file for alimony - thus, the financial support of military personnel consists not only of basic salaries, but also of various allowances, surcharges and bonuses, which are an integral part of their income. This means that all these components can be taken into account when determining the basis for deducting alimony.
Thus, the Cabinet of Ministers of Ukraine Resolution No. 146 of February 26, 1993 lists the types of income from which alimony is withheld.
- According to this resolution, alimony is withheld from the following types of income:
1. Basic salary (tariff rates, salaries).
2. All types of additional payments and allowances to wages.
3. Bonuses and other incentive payments.
4. Monetary and in-kind rewards.
5. Assistance in connection with temporary incapacity.
6. Pensions (except pensions paid in connection with the loss of a breadwinner).
7. Scholarships.
8. Unemployment benefit.
9. Income from entrepreneurial activity.
10. Dividends, interest, other income from property.
11. Other types of income.
Child support attorney - thus, alimony can be withheld from all types of income that are specified in this resolution, including bonuses received by a military serviceman. This means that bonuses, as a component of a military serviceman's financial support, are grounds for withholding alimony based on current legislation.
In Ukraine, the amount of child support is determined as a percentage of the payer's income. The legislation provides for the minimum amounts of alimony that can be collected:
- 1. For one child - at least 1/4 (25%) of the payer's income.
2. For two children - at least 1/3 (33.33%) of the payer's income.
3. For three or more children - at least 1/2 (50%) of the payer's income.
However, the court may determine a different amount of alimony depending on the specific circumstances of the case, taking into account the financial and marital status of both parents, as well as other significant circumstances.
In addition, there are established minimum amounts of alimony per child, which are determined in a fixed amount. As of 2024, the minimum guaranteed amount of child support cannot be less than 50% of the subsistence minimum for a child of the appropriate age. The living wage changes regularly, so you should check the current amounts on official sources or contact the relevant authorities.
