Publication date: 10.06.2024
Alimony obligations: determination of the amount, collection procedure and liability for non-payment
Introduction
Alimony obligations are an important component of family law, providing financial support to minor children, as well as disabled parents or former spouses. In Ukraine, alimony issues are regulated by the Family Code of Ukraine and other legal acts. In this article, we will consider the main aspects of determining the amount of alimony, the procedure for its recovery and liability for non-payment.
Determining the amount of alimony
Child support
The amount of child support is determined by the court or by agreement between the parents. Basic principles for determining the amount of alimony:
Share of income: The law provides that the amount of alimony may be:
- Up to 1/4 of the child support payer's income per child.
- Up to 1/3 of the income for two children.
- Up to 1/2 of the income for three or more children.
Fixed amount: By agreement between the parents or by court order, the amount of alimony may be determined in a fixed amount, which should correspond to the needs of the child and the payer's financial capabilities.
Minimum amount: The legislation establishes a minimum amount of alimony that cannot be less than 50% of the subsistence minimum for a child of the relevant age.
Alimony for disabled parents and former spouses
The amount of alimony for the maintenance of disabled parents or former spouses is determined by the court, taking into account the financial situation of both parties, their income and other circumstances. The court takes into account:
- Needs of a disabled person.
- Financial capabilities of the payer.
- Other circumstances that may affect the amount of alimony.
The procedure for the recovery of alimony
Voluntary order
The most optimal procedure is a voluntary alimony recovery procedure, when parents or spouses reach an agreement on the amount and procedure for paying alimony. Such an agreement may be formalized in the form of a notarized agreement.
You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
Court procedure
If an agreement cannot be reached, alimony is collected in court:
- Filing a statement of claim: One of the parents or the disabled parent/former spouse files a claim for child support with the court.
- Court proceedings: The court considers the case, taking into account all the circumstances, and decides on the amount and procedure for paying alimony.
- Enforcement proceedings: If the payer evades the payment of alimony, the court decision is transferred to the executive service for enforcement.
Liability for non-payment of alimony
Administrative responsibility
Failure to pay alimony may result in administrative liability. Violators may be subject to the following measures:
- Penalties.
- Administrative arrest.
- Deprivation of the right to drive vehicles.
Criminal liability
In the case of malicious evasion of alimony, the payer may be held criminally liable. Malicious evasion means failing to comply with a court order or evading child support for a long period of time. Sanctions may include:
- Community service.
- Restriction of liberty.
- Imprisonment.
