Non-payment of alimony: what liability is provided for the debtor

09 March 2023, 18:10 | Ukraine
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Despite the effect of martial law, child support has not been canceled in Ukraine. As in peacetime, children must receive proper care, so the payment of alimony during the war is an important point.. Specialists of the Eastern Interregional Department of the Ministry of Justice told what punishment is provided in Ukraine for those who do not pay child support.

What threatens alimony debtors.

In Ukraine, the legislation provides for measures for the enforcement of decisions applied to the debtor for non-payment of alimony.

If there is a debt in the payment of alimony, the total amount of which exceeds the amount of payments for three months, recovery can be levied on the property of the debtor.

“Foreclosure on wages does not prevent foreclosure on the debtor’s property if there is an outstanding debt, the total amount of which exceeds the amount of payments for three months,” the message says..

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If the total amount of arrears in the payment of alimony exceeds the amount of the corresponding payments for four months, the state executor shall issue a reasoned decision:.

on the establishment of a temporary restriction of the debtor's right to travel outside Ukraine;

on the establishment of a temporary restriction of the debtor in the right to drive vehicles;

on the establishment of a temporary restriction on the debtor's right to use weapons, devices of domestic production for shooting cartridges filled with non-lethal rubber or similar metal projectiles (for the period of validity or cancellation of martial law, such decisions are suspended);

on the establishment of a temporary restriction of the debtor's right to hunt.

If alimony is paid for the maintenance of a child with a disability, a child with serious illnesses, these decisions are issued by the state executor if there is a debt in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for three months.

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“If there is an arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for one year, the executor makes a decision to impose a fine on the debtor in the amount of 20% of the amount of the alimony arrears, for two years - in the amount of 30% of the amount of the debt, for three.

If there are signs of an administrative offense in the actions of the debtor, provided for in Article 183-1 of the Code of Ukraine on Administrative Offenses, the state executor draws up a protocol on an administrative offense and sends it for consideration to the court at the location of the state executive service body.



If there is an arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for three months, the executor explains to the claimant the right to apply to the pre-trial investigation bodies with a statement (notification) about a criminal offense committed by the debtor, which consists in evading payment of alimony.

Earlier, lawyer, head of the civil dispute resolution practice Yuriy Babenko told whether it is possible to recover alimony from the debtor if he is in the temporarily occupied territory.




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