Publication date: 08.06.2024
The procedure for collecting alimony according to a court decision
Child support enforcement is an important process that ensures that one parent provides financial support for a child, even if the parents are divorced or living apart. The court's decision to collect alimony must be implemented regardless of the debtor's life circumstances. In this article, we will consider the detailed procedure for collecting alimony by a court decision in accordance with Ukrainian legislation.
1. Executive proceedings
The collection of alimony by court decision is carried out by state and private executors in accordance with the Law of Ukraine "On Enforcement Proceedings". The executor is obliged to collect alimony from the debtor in the amount specified in the court decision, but not less than the minimum guaranteed amount stipulated by the Family Code of Ukraine.
The minimum amount of alimony:
- The minimum guaranteed amount of alimony per child cannot be less than 50% of the subsistence minimum for a child of the appropriate age.
- The minimum recommended amount is the living wage for a child of the appropriate age and can be awarded by the court in case of sufficient income of the payer of alimony.
2. Collection of alimony from the debtor's income
If the debtor receives income, recovery is carried out by withholding alimony from wages, pensions, stipends and other income based on the decision of the executor. The main problems in this process are the debtors' lack of funds and property that can be foreclosed on, as well as cases when the debtor does not work and does not receive income.
3.Measures in case of non-implementation of decisions
If the debtor is more than three months in arrears in alimony payments, the executor performs the following actions:
- Enters information about the debtor into the Unified register of debtors.
- Forecloses on the debtor's property.
- Notifies the debt collector of the right to apply to the pretrial investigation authorities with a statement about the debtor's criminal offense, which consists in evading the payment of alimony.
4. Temporary restrictions for debtors
In the event of arrears for more than four months (or three months for a child with a disability), the executor may set time limits for the debtor, such as:
- Ban on travel outside Ukraine.
- Prohibition of driving vehicles.
- Prohibition on the use of firearms.
- Prohibition on hunting.
5. Administrative and criminal penalties
Debtors who are in arrears for more than six months may be held administratively liable. This may include 120 to 240 hours of community service, or up to 360 hours in the event of a repeat offense.
6. Temporary state aid
In case of impossibility of collection of alimony, the collector has the right to receive temporary state assistance for children. This assistance is provided on the basis of a resolution of the Cabinet of Ministers of Ukraine and is intended for children whose parents avoid paying alimony or are unable to support the child.
Conclusion
The collection of alimony by a court decision is a complex process that requires clear coordination between various government agencies.It is important that parents are aware of their responsibilities and provide adequate financial support for their children. The legislative mechanisms of Ukraine provide all the necessary tools to protect children's rights to proper maintenance.
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