Alimony for a child in Ukraine. Restriction of communication between the father and the child if the father does not help financially Screaming at the child

Who is eligible for child support?

Good afternoon! My name is Natalya. My husband has been paying child support for three years, but I received only 8 thousand. After the divorce, the ex-husband went to live in Omsk, then in the Tver region. I sent a writ of execution for the recovery of alimony to both cities. Whether my husband worked in Omsk, I don’t know, but now, in the Tver region, he definitely works. And still no money. Do I have a chance to get child support from him? - If the husband did not work in Omsk, then you have practically no chance. The only thing that “unemployed” fathers can pay for is property (real estate, accounts, shares, and so on). But practice shows that they register all property in the name of friends, relatives and “wash their hands”, not to mention the fact that the lack of work is also a fiction most often. Ex-husbands usually work, but hide their income by drawing up appropriate contracts with the employer. According to the law, it is impossible to collect alimony from such a father.

If the husband worked in Omsk, then his three-year "silence" can already be qualified as malicious evasion from paying alimony. And this already threatens with an article not only of the administrative, but also of the criminal code. But the chance to receive alimony is again small - the court verdict still does not guarantee real payments (this works in rare cases when the father is genuinely scared: what if they put him in jail). Besides, wouldn't it hurt the child to have a convicted father? What if the boy wants to work in the FSB in the future, and his profile will no longer be the best.

Now, in any case, you need to contact the prosecutor's office of the region where your husband lives and where the writ of execution is now located. The complaint should be written not about the fact that the husband does not pay, but about the fact that the bailiffs do not work well to collect the debt. It is the bailiffs, by the way, who must make sure whether your husband has property or not.

Or maybe it is worth depriving the father of parental rights? If he does not want to take care of his child, then at least in the future no one will force my son to take care of a negligent father. - It is your right. If the father in the future tries to “knock out” money from his son, then the court will definitely take into account the fact that the father did not help the child financially, and will not force your son to support his father in old age. And it is possible to deprive a father of parental rights just on the basis that the father does not raise and does not support his child. The prosecutor's office of the Volgograd region, in every possible case, tries to use the relevant article of the administrative code (Article 5.35) and bring negligent popes to justice (they face a fine of 1 to 5 "minimum wages").

I receive child support from my husband. But less than she could: he hides his salary. And I have a very sickly child, he has three chronic diseases, he constantly needs money for examinations and treatment. How to get a father to help his child more? - If a child suffers from chronic diseases, he needs medicines, special nutrition, you have every reason to go to court. In your case, we should not even talk about alimony, but about additional payments - regardless of the amount of the father's real earnings. The most important thing in your situation is that your father works! And the court will oblige him to help his own child in treatment. The amount is determined either in a fixed amount, or in another form convenient for both parents. Each situation is solved on an individual basis.

In addition, in your case, you need to fully understand the amount of alimony - is it underestimated or real. Write a statement to the district bailiff service with a request to carry out an appropriate check.

The ex-husband, he now lives in Novosibirsk, regularly transfers alimony to me. But only for 11 months (December falls every year). I requested the necessary certificates from the accounting department of the organization in which he works, they sent them to me. I thought maybe the alimony was unevenly “scattered” over the months. But no. Turns out he doesn't pay. What to do now? - You need to make photocopies of all received certificates; if there was any correspondence with the accounting department, copies of all appeals and answers must also be made. Send the collected materials to the prosecutor's office of the Novosibirsk region, attaching a statement to them: "I ask you to check such and such an organization for such and such a reason." Within a month, representatives of the prosecutor's office should find out whether the accounting department is holding money from your husband correctly, and why the amount of real payments does not match what you should receive by law. A report will be sent to you after verification.

I can say in advance that the reason for the reduced payments may be related to money transfers from one city to another. The fact is that the postage for sending alimony is calculated from the amount of the alimony itself - it turns out that at your expense. And the amount of money transfers for 12 months can be just the amount of alimony for one month.

With whom to ask for lawlessness in the son's section?

My son has been going to the taekwondo section for a year now. Until now, everything was fine, but recently there was news: it turns out that lately the classes have not been taught by a coach, but by a certain Masha - the eldest of the children attending the section. She sort of replaces the coach for the duration of his business trip. How is this possible? This is not a drawing circle ... What if something happens to my son, even no one can help him. Who can you ask in this situation? - Unfortunately, there is no civil liability for such violations in Russia. And yet you can sue ... for violation of consumer rights. After all, special documents very clearly stipulate the rules for providing such services: the working hours of the section, the level of qualification of trainers, the rules for equipping the sectional room, and so on. From this point of view, your consumer rights were clearly violated (you paid for the provision of certain services, for a certain quality, but you were not provided with it). So feel free to sue the section management (the coach, by the way, has nothing to do with it). You can demand compensation for moral damage, and in case of physical damage, mutilation of your child - initiation of a criminal case.

Can a teacher be sued?

Hello, Lyubov Petrovna. We recently had a very unpleasant situation: my daughter behaved badly in class, did not listen to the teacher's remarks. As a result, she dragged her out of the classroom by the hair. The daughter ran home in tears. She is, of course, a fidget, maybe even spoiled, but not by the same methods to raise a child! I tried to talk to the teacher, but she thinks she was right. We want to sue her. Do we have reason? - Yes, I have. The reason is child abuse (Article 156 of the Criminal Code). You can also sue in case of public insult (namely, public, when there are witnesses!) Imprisonment is not provided here, but the teacher can be fined and the restriction of pedagogical activity up to three years. You need to apply to the court of the district where the school is located.

By the way

It is impossible to initiate a criminal case against a non-paying father without warning him about it. In addition, before starting a criminal case against the ex-husband, you need to find out exactly whether he works or not. To do this, it is necessary to conduct a procedural check (this is done by bailiffs).

number to the topic

In the Volgograd region, 30 thousand women are single mothers

On a note

Alimony is calculated at the rate of 25% per child. But in general, more than half of the salary cannot be recovered from the father. That is, if after a divorce you have three children left, you will not have to count on more than 50% of the ex-husband's earnings.

if the father of the child is not actually interested in the life of the child and does not help financially, is it worth allowing their communication, if in my opinion he cannot teach the child anything good in life

Every person in our life teaches us something. :) Every person on our way is not without reason. :) Let them walk on weekends. It’s just that in the teenage period there can be such shnyaga: Mother gave all of herself to him, respectively, and forbade something, and dad is so white and fluffy, brings gifts, allows everything. And, accordingly, the child declares - dad is good, mom is bad. :(This is a pichalka in nature. ;) :) Good luck! ;) :)
P.S. How about filing for alimony? True, there is a lot of red tape ... :(((

It is worth discussing his participation in the life of the child as an ADULT, you should think about what he can give. And suggest that if he wants to communicate with the child, let it be for the sake of the child. And not because it is necessary, etc. Let him take some responsibility on himself, for example, to lead in a circle. One way or another, but the child needs a father, you can go to family counseling so that you can be helped to separate resentment and important roles in the life of the child in different directions.

I think not) if he does not care about the child. why would they communicate at all?

Not worth it. What kind of father is this? But communication should be banned legally.

I don't think it's worth it. such a "responsible" dad is likely to disappear soon. Are you ready to come up with different unthinkable stories for your child when he asks where is dad?

It is more important how the child relates to the father. You can divorce your husband or wife, but you cannot divorce your mom or dad. But if dad is a stranger for a child, then such communication is useless

If a father has a desire to communicate with a child, this means that he is still interested in at least part of his life, it seems to me that this communication should not be limited. If you are afraid for the content part, try to keep this communication under control and not give your father too much will.

it’s better not to, this is my opinion. It’s better for a child to grow up without a father than to look at the indecent behavior of one of the parents. Moreover, the father is not the one who did it, but the one who raised it. and on your way to meet a real and loving man who will become an example for a child

In any case, bans will not lead to anything good. I don’t know how old your child is, but the time will come and he himself will draw conclusions - whether or not to communicate with his father.

Worth it A child must have a father.

You see the question that one of the users of the site asked the Universe, and the answers to it.

Either people who are very similar to you, or your complete opposites, answer.
Our project was conceived as a way of psychological development and growth, where you can ask for advice from "similar" and learn from "very different" what you do not know or have not tried yet.

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Hello,

According to paragraph 2 of Art. 66 of the Family Code, parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child. If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.

Thus, you can negotiate and conclude an agreement (it is in a simple written form, executed voluntarily) or go to court. Arrangements “in words” are usually not fulfilled, with the help of an agreement or a court decision, some certainty can be introduced into the relationship of parents about the child, into the relationship of the child and the parent living separately.

If the issue is resolved in court, you need to apply to the district court at the place of residence of the defendant with a statement of claim to determine the procedure for communication between the child and the father, indicate in the application the procedure for communication that you consider correct, justify it in the interests of the child. In your situation, the communication of the child with the father on your territory and in your presence will be a source of conflict. Communication at the place of residence of the mother and / or in her presence is justified, due to the age of the child or if the child does not know the father well, did not live with him. It should also be taken into account that, firstly, in a state of conflict, parents see the situation through the prism of their attitude towards their ex-spouse, so reality can be perceived somewhat distortedly, and, secondly, the child can say what you want to hear, because. there is a so-called "conflict of loyalty". To refer to child abuse, it must be proven, words alone are not enough.

Since the child is already, as I understand it, 7 years old, it is certainly possible to achieve communication through the court in your presence and at your home, but it is unlikely and this will only increase the conflict. Try to let the child go to the father, unless, of course, housing and living conditions allow it. You can: 1) send a written proposal to conclude an agreement by a valuable letter with an inventory, keep a copy and a receipt 2) apply to the guardianship authorities with a request to assist in concluding an agreement, conducting a conversation 3) apply to the court, attaching copies of these applications to confirm your attempts to resolve the conflict peacefully.

What specific communication procedure (frequency, time, duration, meeting place) to offer the father of the child is up to you, but I would advise you to allow the father to pick up the child, for example, once a week on weekdays and 2 times a month on weekends (for one or two weekends) no overnight stays.

Since you write that the father is not involved in the maintenance of the child, you can apply to the court to determine the place of residence of the child, determine the order of communication, collect alimony, such an application can be filed at your place of residence. On the one hand, it will allow you to collect alimony, on the other hand, the father will be obliged to return the child to you, and at the same time days and times for communication will be set.

To prove the negative influence of the father on the child, you will have to contact a psychologist to conduct a study (i.e. go to an appointment so that the psychologist talks with the child and gives a conclusion), you can ask for a characteristic from the preschool educational institution (kindergarten, school) - the father probably does not appear there , this will be the basis for the restriction in communication. However, the communication of a child with a separately living father on the territory of the mother almost always leads to an increase in conflict, it is better not to insist on this, especially if you have a new family, you are in a position and you will have another child.

Please contact if you need more detailed advice, assistance in drafting documents. Good luck to you!

Sincerely, Andrey Kozyrev

Especially for readers of “Popular about Health”, I will consider what to do if the ex-husband does not want to help the child financially. There are situations when, during a divorce, the ex-spouse does not at all show any financial participation in the life of his former family, that is, he does not give money for the maintenance of his child.

Of course, such an attitude of a husband towards a child is unacceptable. Any father, if he loves his child, regardless of the fact that he does not live under the same roof with him, will provide all possible assistance to the baby. But, this does not always happen, there are such dads who completely forget about the children when they leave the family. And it's terrible, to be honest!

But in this situation, a woman should not despair, since she will have a law on her side that will oblige her to pay child support to her ex-husband through the court. Here the main thing is for a woman to apply in time with this request to the judicial authorities.

As you know, divorce statistics in our time are not encouraging, about every fourth couple gets divorced, as a result, either the wife or the husband leaves the family and the children remain with one of the parents. The family is now considered incomplete. Of course, there can be many reasons that led to a break in relations: this is a misunderstanding of each other; ordinary adultery can lead to divorce; did not agree on the characters and so on.

How difficult it is sometimes for a single mother in this situation when she is left alone with her problems. After all, not only the daily care of children now falls on her shoulders, but also the financial issue will now completely depend on her, she will have to somehow get out of this situation ...

The moment that a woman is left alone with a baby is already a difficult fact in itself, in addition, her state of mind is also undermined, and here also the problems of the material level join, which must be solved as soon as possible. It is good if the father of the children does not forget about his duties and is always financially ready to help his former family. But when, on the contrary, the former does not help financially, then this is a disaster.

It’s good when a mother can earn enough and she can solve all financial problems on her own without the help of her husband’s money. But, unfortunately, not all ladies can earn well, so many ask for help from relatives and friends, get into debt, take out a loan or simply borrow money from friends and so on.

What to do if your ex doesn't pay child support?

Women who believe in rituals can conduct one of them, which will help in a situation when the ex does not give money. To do this, they take a photo of the debtor, while the person in the photo should not smile. In addition, a green candle is required, it is lit and a photo is placed directly in front of it and a strand of hair is scorched (for this, a lock of the child’s hair is cut in advance, whom the father does not help). Completely the hair should not be burned, only singed.

The mother holds the scorched strand in her hand, always looks at the photo of the debtor and reads the conspiracy twice: I ask Jesus Christ and the grieving Mother of God Take the wrong money from the servant of God (name of the man) And give it to the hands of the child. Key, Lock, Language. Amen, amen, amen. Then the hair is burned to the ground, and the candle must burn out completely.

Communication with the former spouse is usually kept to a minimum, except for questions about the child. At the same time, the father must communicate with him, meet - fulfill his paternal duty and, of course, help him financially. When the ex-husband is ready for something for the child, he comes to him, the wife should not prevent them from talking. She can stay in another room, of course, say hello and goodbye is necessary, but no more.

You should not ask about your personal life. Be gentle and detached at the same time. Yes, and the child should be taught so that he does not tell his father anything about his mother’s personal life. Dad comes to the baby for communication and to provide financial assistance.

Discuss with the former the material side, that is, what you need to buy a child, or simply ask for a certain amount and purchase the necessary things yourself. It is not at all necessary to force the husband to go and buy some things, you can do it yourself, the main thing is that he gives the necessary money.

Of course, it is optimal to formalize all money conversations legally during a divorce, that is, to file for alimony. If the mother did not foresee this initially, then she may not get the due amount from her faithful. Therefore, it is important to address the issue of financial assistance in a timely manner.

By law, in accordance with the Family Code adopted in the Russian Federation, parents are required to support minor children. The order and form of such content is independently determined by the parents. If they do not provide maintenance for children, then the state collects alimony from them in court.

In the absence of an agreement on the payment of alimony, they are collected by the court monthly for one child - in the amount of one quarter of the salary, for two - one third, for three or more - half of the salary.

In addition, spouses must financially support each other. In case of refusal of support and the absence of an agreement on the payment of alimony, the needy disabled spouse has the right to demand their provision in court; pregnant wife; spouse within three years from the date of the appearance of a common child.

If there is no mutual understanding about money with the ex-wife, then, accordingly, the ex-husband will help the children through the court, paying alimony. A woman should not forget about this, and if her husband does not care financially, it is worth suing him, after which a certain amount will be collected from him in court, which will be transferred to the child.

Tatyana, www.site

Video "What to do if the ex-husband does not pay child support?"

Whom to pay?

As a general rule, parents are obliged to support the child until he reaches the age of majority, i.e. up to 18 years old. However, if the child continues his studies and therefore needs material assistance, and parents can provide such assistance, they are obliged to support the child until he reaches 23 years of age.

How to pay?

The ways in which the parents fulfill the obligation to support the child are determined by agreement between them.

By agreement between the parents of the child, the one who lives separately from the child may take part in his maintenance in cash and (or) in kind.

By court decision, alimony is awarded in part from the income of his mother, father or in a fixed amount of money at the choice of the parent or other legal representatives of the child with whom the child lives.

The method of collection of alimony, determined by the decision of the court, is changed by the decision of the court on the claim of the recipient of the alimony.

Previously, alimony in a fixed amount of money could be awarded by court decision in the event that the alimony payer had an inconsistent, changeable income. Now, the choice of the method of collecting funds for the maintenance of the child (as a percentage of income or in a fixed amount of money) is up to their recipient.

If the place of residence or stay of the parents is unknown, or they evade the payment of alimony, or are unable to support the child, the child is assigned temporary state assistance, taking into account the financial situation of the family in which the child is brought up. Payment of temporary state aid is carried out at the expense of the State Budget of Ukraine. The procedure for payment of such assistance is approved by the Cabinet of Ministers of Ukraine.

How much to pay?

When determining the amount of alimony, the court takes into account a number of factors:

1. the state of health and financial situation of the child;
2. the state of health and financial situation of the alimony payer;
3. the alimony payer has other children, a disabled husband, wife, parents, daughter, son;
4. availability of movable and immovable property, cash;
5. expenses of the alimony payer proven by the alimony claimant, including for the acquisition of immovable or movable property, the amount of which exceeds ten times the subsistence minimum for an able-bodied person, if the alimony payer has not proven the source of the funds;

In addition, the amount of alimony must be necessary and sufficient to ensure the harmonious development of the child.

The Family Code establishes that the minimum amount of alimony for one child cannot be less than 50 percent of the subsistence minimum for a child of the corresponding age.

Determination of the amount of alimony as part of income

The share of earnings (income) of the mother, father, which will be collected as alimony for the child, is determined by the court. If alimony is collected for two or more children, the court determines a single share of the earnings (income) of the mother, father for their maintenance, which will be collected until the eldest child reaches the age of majority.

If, after the eldest child reaches the age of majority, none of the parents filed a lawsuit to determine the amount of alimony for other children, the alimony is collected minus the equal share that fell on the child who has reached the age of majority.

One of the parents or other legal representatives of the child, with whom the child lives, has the right to apply to the court for the issuance of a court order for the recovery of alimony in the amount of one child - one quarter, for two children - one third, for three or more children - half of the earnings (income) of the alimony payer, but not more than ten subsistence minimums per child of the corresponding age for each child.

The possibility of recovering alimony in writ proceedings is a novelty. Mandatory proceedings differ from the usual claims in simplicity and short deadlines for consideration. Thus, the parent with whom the child lives has the opportunity to promptly resolve the issue of the forced collection of alimony, while the other side does not have the opportunity to artificially delay this process.

Determination of the amount of alimony in a fixed amount of money

The court, at the request of the recipient, determines the amount of alimony in a fixed amount of money. The amount of alimony, determined by the court or by agreement between the parents in a fixed amount of money, is subject to indexation in accordance with the law.

The parent or other legal representative of the child with whom the child lives has the right to apply to the court for a court order for the recovery of alimony in the amount of 50 percent of the subsistence minimum for a child of the appropriate age.

Participation of parents in additional expenses for the child

The parent from whom the recovery of alimony for the child was awarded, as well as the parent against whom the claim for the recovery of alimony was not filed, are obliged to participate in additional expenses for the child caused by special circumstances (development of the child’s abilities, his illness, injury, etc.). .P.).

The amount of participation of one of the parents in the additional expenses for the child in the event of a dispute is determined by a court decision, taking into account circumstances of significant importance.

Additional costs for a child may be funded in advance or covered after they are actually incurred on a one-time basis, periodically or on an ongoing basis.

Purposeful use of alimony

Alimony is the property of the child, not the parent receiving the child support.

The one of the parents or other legal representatives of the child, in whose name the alimony is paid, disposes of the alimony exclusively for the intended purpose in the interests of the child.

A minor child has the right to take part in the disposal of alimony received for his maintenance, as well as to independently receive and dispose of alimony in accordance with the Civil Code of Ukraine.

At the request of the alimony payer or on its own initiative, the guardianship and guardianship body has the right to check the intended use of the alimony.

In case of misuse of alimony, the payer has the right to apply to the court with a claim to reduce the amount of alimony or to deposit part of the alimony to the child's personal account at a branch of Oschadbank of Ukraine.

Deduction of alimony at the initiative of the payer or recipient of alimony

One of the parents can apply at the place of work, place of payment of a pension, stipend for the deduction of alimony for a child from his salary, pension, stipend in the amount and for the period specified in the application. Such a statement may be withdrawn by him.

Based on the application of one of the parents, alimony is deducted no later than three days from the date set for the payment of wages, pensions, stipends.

On the basis of an application from one of the parents, alimony can be deducted even when the total amount deductible on the basis of an application and executive documents exceeds half of the salary, pension, scholarship, and also if alimony for another child is already collected from him.

The person in whose favor child support has been awarded may independently submit an application with a writ of execution for the deduction of alimony from the salary, pension, stipend or other income of the alimony payer directly at the place of payment of wages, pensions, stipends or other income to the alimony payer.

Based on the application of such a person, alimony is deducted from the salary, pension, stipend or other income of the alimony payer in the amount indicated in the writ of execution, and transferred to the person in whose favor the alimony was awarded, to his address or to the account indicated in the application.

Agreement between parents on the payment of child support

Parents have the right to conclude an agreement on the payment of child support, in which they determine the amount and timing of payment. Such an agreement is concluded in writing and notarized.

In the event that one of the parents fails to fulfill his obligations under the contract, alimony may be levied from him on the basis of a notary's executive inscription.

Termination of the right to child support in connection with the acquisition of ownership of real estate

The parent with whom the child lives, and the parent who lives separately from him, with the permission of the guardianship and guardianship authority, may conclude an agreement on the termination of the right to alimony for the child in connection with the transfer of ownership of real estate (residential house, apartment , land, etc.).

Such an agreement is notarized. The right of ownership to real estate under such an agreement arises from the moment of state registration of this right in accordance with the law.

If the child has reached the age of fourteen, he takes part in the conclusion of this agreement.

The acquirer of the right of ownership of real estate is the child himself or the child and the parent with whom he lives, on the basis of the right of common shared ownership of this property.

In the event of the conclusion of such an agreement, the parent with whom the child lives undertakes to independently support him.

The conclusion of the contract does not release the parent who lives separately from the obligation to participate in additional expenses for the child.

The property received under such an agreement cannot be levied. The property received by the child under this agreement may be alienated before he reaches the age of majority only with the permission of the guardianship and guardianship authority.

Such an agreement is recognized by the court as invalid at the request of the alienator of immovable property in the event that his name as the father is excluded from the birth record of the child. If the contract is recognized as invalid, the alienator's right of ownership of the immovable property is restored.

Also, at the claim of the alienator of immovable property, the contract may be terminated if the parent with whom the child lives fails to fulfill the obligation to maintain it.

Parents may be released from the obligation to support a child if the child's income greatly exceeds the income of each of them and fully provides for his needs. Parents can be released from the obligation to support a child only by a court decision. If the child has ceased to receive income or his income has decreased, the interested person has the right to apply to the court with a claim for the recovery of alimony.

Time from which child support is awarded

Alimony for a child is awarded by a court decision from the date of filing a claim, and in the case of filing an application for the issuance of a court order - from the date of filing such an application.

Alimony for the past time may be awarded if the plaintiff submits to the court evidence that he took measures to obtain alimony from the defendant, but could not receive them due to the latter's evasion from paying them. In this case, the court may award maintenance for the past time, but not more than ten years.

Changing the amount of alimony

The amount of alimony, determined by a court decision or by agreement between the parents, may be reduced or increased over time by a court decision at the suit of the payer or recipient of the alimony in the event of a change in financial or marital status, deterioration or improvement in the health of one of them, and in other cases, provided by law.

Recovery of alimony for the past time and debts on alimony

Alimony may be collected under a writ of execution for the past time, but not more than three years prior to the presentation of the writ of execution for execution.

If, according to the writ of execution presented for execution, alimony was not collected in connection with the search for the alimony payer or in connection with his stay abroad, they must be paid for all the elapsed time.

Alimony arrears are charged regardless of whether the child reaches the age of majority (23 years if the child continues to study).

Determination of debt on alimony awarded as a share of earnings (income)

The debt on alimony awarded as a share of earnings (income) is determined based on the actual earnings (income) that the alimony payer received during the period during which they were collected, regardless of whether such earnings (income) were received in Ukraine or for abroad.

Alimony debt of an alimony payer who was not working at the time the debt arose or is an individual entrepreneur and is on a simplified taxation system, or is a citizen of Ukraine who receives earnings (income) in a state with which Ukraine does not have an agreement on legal assistance, is determined on the basis of the average wage of an employee for a given area.

In the case of establishing the source and amount of earnings (income) of the alimony payer, which he received abroad, at the request of the alimony recipient, the state executor, the private executor shall recalculate the debt.

The amount of debt on alimony is calculated by the state bailiff, private bailiff, and in the event of a dispute - by the court

Responsibility for the delay in the payment of alimony, payment of additional expenses for the child

The Family Code establishes liability not only for late payment of alimony, but also for late payment of additional expenses for the child.

In the event of a debt due to the fault of a person obliged to pay alimony by a court decision or by agreement between the parents, the alimony recipient has the right to collect a penalty (fine) in the amount of one percent of the amount of unpaid alimony for each day of delay from the date of delay in the payment of alimony until the day of their full repayment or until the day the court decides to collect a fine, but not more than 100 percent of the debt.

The amount of the penalty may be reduced by the court, taking into account the financial and marital status of the alimony payer. The penalty is also not paid if the alimony payer is a minor.

In case of delay in payment of additional expenses for a child due to the fault of the payer, he is obliged, at the request of the recipient of additional expenses, to pay the amount of debt for additional expenses, taking into account the established inflation index for the entire delay, as well as three percent per annum on the overdue amount.

The payer of additional expenses is considered to be in arrears if he has not fulfilled his obligation to pay additional expenses within the time period established by the court decision or by agreement between the parents, and in the absence of them or if such a period has not been established - after seven days after the recipient submits the relevant request additional expenses, which actually paid them.

Taking into account the financial and marital status of the alimony payer, the court may defer or extend the payment of alimony arrears. At the suit of the alimony payer, the court may fully or partially release him from paying the alimony arrears if it has arisen in connection with his serious illness or other circumstance that is of significant importance.

Did not pay alimony - lost part of the property

To the grounds on which the court may deviate from the principle of equality of shares of spouses in the division of common joint property, such as avoidance of participation in the maintenance of the child (children) was added. Now, those who did not pay alimony can receive less than the prescribed half of the property when dividing the property. Corresponding changes have been made to Article 70 of the Family Code of Ukraine.

Also, the court may depart from the principle of equality of the shares of the spouses, if one of them did not care about the financial support of the family, hid, destroyed or damaged the common property, spent it to the detriment of the interests of the family.

In addition, by a court decision, the share of the property of a wife, husband can be increased if children live with her or with him, as well as disabled adult sons, daughters, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development and treatment.

The procedure for the forced collection of alimony in Ukraine

Most of our citizens already know that winning a lawsuit is only half the battle, and then the court decision must also be enforced. In disputes over the recovery of alimony payments, the court usually satisfies the claims without question; problems usually arise at the stage of execution of the judgment. What is the procedure for withholding alimony, what rights and obligations are vested in state executors and directly the recipient of alimony found out the site

Receipt of a writ of execution

So, the court decision on the recovery of alimony in your favor was made. What to do next? Let us immediately state that decisions on the recovery of alimony are subject to immediate execution, i.e. the recipient does not need to wait until the deadline for appeal passes or the appeal is considered - he can receive the first payment already this month. After the decision is made, the court, at the request of the plaintiff, issues a writ of execution for presentation to the state executive service. The form of the enforcement document must meet the requirements provided for by the Law of Ukraine "On Enforcement Proceedings". Namely, it should include:

1. name and date of issue of the document, name of the body, surname and initials of the official who issued it;
2. date of adoption and number of the decision according to which the document was issued;
3. surname, name and patronymic of the recoverer and debtor, their place of residence or stay, individual identification number of the recoverer and debtor, if any, as well as other data, if known to the court, which identify the recoverer and debtor may contribute to enforcement (date of birth of the debtor and his place works, location of the debtor's property, accounts of the claimant and the debtor, etc.);
4. the operative part of the decision (what is indicated in the decision after the words "the court decided:");
5. date of entry into force of the decisions;
6. the deadline for presenting the executive document for execution (the document on the recovery of alimony can be presented for execution during the entire period for which payments are awarded).

If the writ of execution was issued with an error

It happens that due to the negligence of court employees, inaccuracies, errors, typos creep into the writ of execution, which relate to the personal data of the recoverer or debtor, their place of residence or work, which may make it difficult to further enforce the court decision. In this case, the recoverer should apply to the court that issued the writ of execution with an application for its correction. The court considers the application within ten days in a court session with a notice to the claimant and the debtor. At the same time, the absence of the claimant and the debtor is not an obstacle to the consideration of the application. By its ruling, the court amends the writ of execution, which can now be presented for execution without hindrance.

If the writ of execution is lost

This also happens, but do not despair. Instead of the lost original writ of execution, the court that issued it upon your application will issue a duplicate. Also, a duplicate writ of execution is issued if it is established that the debtor has several jobs or sources of income. An application for issuing a duplicate is considered at a court session with a summons from the parties and interested persons. Their failure to appear is not an obstacle to resolving the issue of issuing a duplicate. True, for the issuance of a duplicate of the writ of execution, you will have to pay a court fee.

Opening of enforcement proceedings

Enforced recovery is carried out by state or private executors. A writ of execution for the recovery of alimony may be presented for execution during the entire period for which the alimony was awarded. In addition, alimony collectors are exempt from the advance fee for the enforcement of decisions.

The recoverer submits a writ of execution to the state executive service or a private executor along with an application for the opening of enforcement proceedings. In this application, the recipient may indicate information that, in his opinion, may contribute to the enforcement of the court decision (the debtor's account, his place of work or other income, location of property, etc., etc.), as well as indicate the ways in which he can receive due payments (for example, indicate your account number).

Not later than the next business day after receiving the enforcement document, the executor issues a decision to open enforcement proceedings, in which he indicates the obligation of the debtor to file an income declaration and sends a copy of it to the debtor and the recoverer.

Executive actions are carried out by the state executor at the place of residence, stay, work or location of the debtor's property. The right to choose the place of execution between several bodies of the state executive service belongs to the recoverer.

If in the process of enforcement proceedings the state executor has received documentary evidence that the debtor has changed his place of residence or place of work, he must send an executive document to the new place of residence, stay or work no later than the next day, and inform the recoverer about it.

The procedure for collecting alimony from an employee

The easiest way is with debtors who are officially employed and receive wages. From persons receiving wages at enterprises, institutions, organizations (regardless of the form of ownership), from an individual, an individual entrepreneur on the territory of Ukraine, alimony is withheld by accounting departments at the place of work, deductions are made from actual earnings (income) on the basis of a resolution state executive.

Alimony under a writ of execution may be collected for the past period, but not more than 3 years. If the alimony was not paid in connection with the search for the payer or his stay abroad, they must be paid for the entire period. At the same time, the amount of deductions from wages, as you know, cannot exceed 50%. Therefore, if it is impossible to collect alimony in the required amount, the accounting department of the enterprise calculates the debtor for the payment of alimony to the debtor. Alimony arrears are collected regardless of whether the child reaches the age of majority .

After the expiration of the period stipulated by law for the recovery of alimony, in the absence of debt in the payment of alimony, the administration of the enterprise that made the deductions, return the decision of the state executor on the recovery of alimony to the body of the state executive service with a note on the transfer in full to the recoverer of the withheld amounts of alimony.

Collection of alimony from the unemployed and debts on alimony

The situation is worse if the alimony payer does not have a permanent job, or does not work officially, or receives wages “in an envelope”. But even in this case, you should not give up, because the law, namely Article 74 of the Law of Ukraine "On Enforcement Proceedings", provides for the possibility of foreclosure on the debtor's property. That is, the state executor has the right to seize the property of the payer, sell it and pay the amount of the debt. The condition is the presence of debt on alimony for more than 3 months. At the same time, foreclosure on property does not prevent the deduction of debt from wages.

The state executor calculates the amount of debt, draws up an invoice and informs the recoverer and debtor about it.

According to Article 195 of the Family Code of Ukraine, alimony debt awarded as a share of earnings (income) is determined based on the actual earnings (income) that the alimony payer received during the time during which they were collected.

Alimony debt of an alimony payer who was not working at the time the debt arose or is an individual entrepreneur and is on a simplified taxation system, or is a citizen of Ukraine who receives earnings (income) in a state with which Ukraine does not have an agreement on legal assistance, is determined on the basis of the average wage of an employee for a given area. In the case of establishing the source and amount of earnings (income) of the alimony payer, which he received abroad, at the request of the alimony recipient, the state executor, the private executor shall recalculate the debt.

The amount of debt on alimony is calculated by the state bailiff, private bailiff, and in the event of a dispute - by the court.

The contractor collects alimony from the debtor in the amount determined by the executive document, but not less than the minimum guaranteed amount provided for by the Family Code of Ukraine.

Actions of the contractor in the event of debt on alimony

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

1) on the establishment of a temporary restriction of the debtor's right to travel outside Ukraine - until the debt on payment of alimony is paid in full;

2) on the establishment of a temporary restriction of the debtor's right to drive vehicles - until the debt on payment of alimony is paid in full;

3) on the establishment of a temporary restriction on the debtor's right to use firearms, hunting, pneumatic and blanked weapons, devices of domestic production for shooting cartridges filled with rubber or similar non-lethal projectiles, until the debt on payment of alimony is paid in full;

4) on the establishment of a temporary restriction of the debtor's right to hunt - until the debt on payment of alimony is paid in full.

If alimony is paid for the maintenance of a child with a disability, a child who suffers from severe perinatal lesions of the nervous system, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney diseases of the IV degree, or for the maintenance of a child who has received severe injuries, requiring organ transplantation requiring palliative care, these decisions are issued by a state executor in the presence of alimony arrears, the total amount of which exceeds the amount of the corresponding payments for three months.

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 preliminary investigation authorities with a statement (report) about a criminal offense committed by the debtor, which consists in evading payment of alimony.

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 shall issue a decision to impose a fine on the debtor in the amount of 20 percent of the amount of the arrears in the payment of alimony.

If there is an arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for two years, the executor shall issue a decision to impose a fine on the debtor in the amount of 30 percent of the amount of the arrears in the payment of alimony.

If there is an arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for three years, the executor shall issue a decision to impose a fine on the debtor in the amount of 50 percent of the amount of the arrears in the payment of alimony.

In the future, the decision to impose a fine is issued by the executor in the event of an increase in the amount of the debtor's debt by an amount whose total amount exceeds the amount of the corresponding payments for one year.

The amounts of fines are collected from the debtor and transferred to the recoverer.

Appeal against the actions of the state executor

If the state executor does not take all actions to enforce the decision to recover alimony, or simply does nothing, which also happens, the alimony recipient can appeal against his actions:

• the head of the department to whom the performer is directly subordinate;
• the head of the executive service of the highest level;
• directly to the court that issued the writ of execution.

A complaint to the executive service body is submitted in writing and must contain:

1. the name of the state executive service body to which it is submitted;
2. full name (name) of the recoverer and debtor, their place of residence or stay;
3. details of the executive document (type of document, name of the body that issued it, date of issue and number of the document, its operative part);
4. the content of the contested decisions, actions or omissions and the norm of the law that is violated;
5. a statement of the circumstances by which the complainant substantiates his claims;
6. the signature of the applicant or his representative indicating the date of filing the complaint.

A complaint filed in enforcement proceedings to the head of the department, to whom the state executor is directly subordinate, is considered within ten days from the date of its receipt. Based on the results of consideration of the complaint, the head of the department issues a decision on its satisfaction or refusal, which can be appealed to a higher body of the state executive service or to the court within ten days.

A complaint filed directly with the court is considered within ten days in a court session with the participation of the applicant and the state executor or other official of the state executive service, the decision, action or inaction of which is being appealed. Based on the results of the consideration, the court issues a ruling.

Unified register of debtors - a list of non-payers of alimony: how to find out alimony debt by last name?

The Unified Register of Debtors is a systematized database of debtors, which is an integral part of the automated system of enforcement proceedings and is maintained with the aim of disclosing in real time information about unfulfilled property obligations of debtors and preventing the alienation of property by debtors.

Information about debtors included in the Unified Register of Debtors is open and posted on the official website of the Ministry of Justice of Ukraine: https://erb.minjust.gov.ua/#/search-debtors

The register can be searched by full name and taxpayer registration card number.

Registration of a debtor in the Unified Register of Debtors does not release him from the execution of the decision.

State bodies, local self-government bodies, notaries, other entities in the exercise of their power management functions in accordance with the law, including the exercise of delegated powers, in the event that a person applies for a certain action in relation to property owned by a debtor, which is included in the Unified Register debtors, are obliged not later than the next business day to inform the body of the state executive service or private executor specified in the Unified Register of Debtors, indicating information about the property in respect of which such a person applied.

Banks, when opening an account in the name of an individual entered in the Unified Register of Debtors, including through separate divisions of the bank, or closing an account by such a person, are obliged on the day of opening or closing the account to inform the body of the state executive service or private executor specified in the Unified Register of Debtors .

The Contractor, no later than the next working day from the date of receipt of the notification, is obliged to make a decision to seize the property and (or) funds on the debtor's bank accounts, except for the case when such property has already been seized on the same grounds.

Information about the debtor is entered in the Unified Register of Debtors (except for information about debtors, which are state bodies, local governments, as well as debtors who do not have debts under an executive document on the collection of periodic payments for more than three months, and debtors by decision of a non-property nature) simultaneously with issuance of a decision on the opening of enforcement proceedings.

Information about the debtor on the decision to establish a meeting with the child and to remove obstacles to the meeting with the child is entered into the Unified Register of Debtors simultaneously with the issuance of a decision to impose a fine on the debtor.

The unified register of debtors contains the following information:

1) last name, first name, patronymic (if any), date of birth of the debtor;

2) the name of the body or the surname, name, patronymic and position of the official who issued the executive document;

3) the name of the body of the state executive service or the surname, name, patronymic of the private executor, the number of the means of communication and the e-mail address of the executor;

4) number of enforcement proceedings;

Information about the debtor is excluded from the Unified Register of Debtors simultaneously with the issuance of a decision on the completion of enforcement proceedings, the return of the writ of execution to the recoverer or the return of the writ of execution to the court, or on the day the executor establishes the fact that there is no debt under the writ of execution on the collection of periodic payments.

Note - documents that may be useful when processing alimony:

• Claim for the recovery of alimony in part from income
• Statement of claim for the recovery of alimony in a fixed amount of money
• Complaint for the recovery of alimony for the maintenance of the spouse
• Statement of claim for the recovery of alimony for the maintenance of an adult child who continues education

Administrative responsibility for non-payment of alimony

Non-payment of alimony for the maintenance of a child, one of the spouses, parents or other family members, which led to the emergence of debt, the total amount of which exceeds the amount of the relevant payments for six months from the date of presentation of the executive document for enforcement - should entail the performance of community service for a period of one hundred twenty to two hundred and forty hours.

If the offender evades community service, he will be subject to administrative arrest for up to 10 days in accordance with Article 183-2 of the Code of Administrative Offenses.

Under the evasion of a person from serving an administrative penalty in the form of community service, it should be understood that the violator does not appear at the place of community service for more than two days from the date specified in the direction by an authorized official of the probation body without good reason, absenteeism for community service or refusal to perform work more than twice within a month without good reason, as well as the appearance at the workplace in a state of alcoholic, narcotic or toxic intoxication. Valid reasons are illness of the person and other circumstances that actually make it impossible for the violator to arrive to work out socially useful work, if they are documented.

In the case of malicious evasion of a person from serving an administrative penalty in the form of community service, he faces criminal liability.

Criminal liability for non-payment of alimony

The Criminal Code is supplemented with Article 389-2 “Malicious evasion of a person from serving an administrative penalty in the form of community service”. The punishment for this crime is imprisonment for up to two years. Under the malicious evasion of a person from serving an administrative penalty in the form of community service, one should understand the continuation of evasion from serving community service by a person who was brought to administrative responsibility on the basis of Article 183-2 of the Code of Ukraine on Administrative Offenses.

Article 164 of the Criminal Code establishes criminal liability for evasion of child support payments. Thus, malicious evasion of paying child support (alimony) established by a court decision, as well as malicious evasion of parents from maintaining minors or disabled children who are dependent on them, is punishable by community service for a term of eighty to one hundred and twenty hours, or arrest for a term up to three months, or restraint of liberty for up to two years. The same deed committed by a person previously convicted of a crime under this Article, -

Malicious evasion of the payment of funds for the maintenance of children (alimony) should be understood as any actions of the debtor aimed at non-execution of a court decision (concealment of income, change of residence or place of work without notifying the state executor, private executor, etc.), which led to the occurrence of arrears in the payment of such funds in the amount cumulatively amounting to the amount of payments for three months of the relevant payments.

In addition to the minimum guaranteed amount of alimony, there is the concept of the “minimum recommended amount of alimony”, which is equal to the subsistence level for a child of the corresponding age. It can be awarded by the court if the alimony payer's earnings are sufficient. At the same time, the court is not limited by the amount of earnings (income) of the alimony payer in the event that it is established that the alimony payer has expenses that exceed his income and in respect of which the latter has not proven the source of funds for their payment.

How is the indexation of the amount of alimony assigned in a fixed amount of money

the site decided to find out everything about the indexation of the amount of alimony, appointed by the court not as a percentage of the payer's income, but in a fixed amount of money and to carry out such a calculation using a specific example.

Regulatory regulation

Article 184 of the Family Code of Ukraine says that the amount of alimony, determined by the court or by agreement between the parents in a fixed amount of money, is subject to annual indexation in accordance with the law, unless the payer and the recipient of the alimony have agreed otherwise. At the request of the alimony recipient, indexation may be carried out by the court for another period.

Such a law, in particular, is the Law of Ukraine "On the indexation of cash incomes of the population." The procedure for such indexation is approved by the Decree of the Cabinet of Ministers of Ukraine dated July 17, 2003 No. 1078.

Indexation means such an increase in the income of the population, which would make it possible to at least partially compensate for the rise in the cost of consumer goods and services. Every month, the Ministry of Statistics of Ukraine calculates and publishes the consumer price index (an indicator characterizing the dynamics of the general level of prices for goods and services for the population) no later than the 10th day of the next month.

You can get acquainted with the indicators of inflation indices on the Prostobank.ua website at the link.

Conditions for indexing

Indexation of monetary income of the population (including alimony) is carried out if the value of the consumer price index exceeded the indexation threshold, which is set at 101%, and is carried out from the first day of the month following the month in which the consumer price index is officially published. Thus, for example, if the inflation threshold was exceeded in May, and the indicator was published in June, then indexation taking into account this indicator will occur in July.

Alimony is subject to indexation within the subsistence minimum established for a child of the corresponding age.

The subsistence minimum for children for 2012 is shown in the table:

Usually, the amount of alimony assigned by the court in a fixed amount of money does not exceed the subsistence level. But if this happens, only that part of the payments that does not exceed the subsistence minimum will be subject to indexation.

Calculation of the indexation amount

The indexation amount is determined as the result of multiplying the cash income subject to indexation by the increase in the consumer price index, divided by 100%.

The growth rates of consumer prices for indexation in May-June 2012, % (periods in which the inflation threshold was not exceeded are marked with a dash):

Calculation example

Suppose in January 2011, child support was awarded in the amount of 400 UAH.

The growth rate of the consumer price index for indexation for May 2012 is 4.9%. In this case, the base month is the month in which the alimony was awarded, i.e. January 2011 (left column of the table).

The indexation amount is: 400 UAH. * 4.9 /100 = 19.6 UAH.

The amount of alimony, taking into account inflation: 400 UAH + 19.6 UAH. = 419, 60 UAH.

Alimony from the state. On the payment of assistance to children whose parents evade the payment of alimony

The obligation to support children rests with the parents. However, if the place of residence or stay of the parents is unknown, or they evade the payment of alimony, or are unable to support the child, the child is assigned temporary state assistance, taking into account the financial situation of the family in which the child is brought up. Payment of such assistance is carried out at the expense of the State Budget of Ukraine.

The payment of state assistance to children whose parents do not pay alimony is provided for by the Resolution of the Cabinet of Ministers No. 189 of February 22, 2006, with subsequent amendments.

Conditions for the appointment of state assistance instead of alimony

Temporary assistance is assigned if:

1. a court decision on the recovery of alimony from one of the parents is not executed due to evasion from paying alimony or the debtor's lack of funds and other property that can be levied under the law;
2. in respect of one of the parents, criminal proceedings are being carried out or he is in compulsory treatment, in places of deprivation of liberty, recognized in accordance with the established procedure as incompetent, and is also in military service;
3. the place of residence (stay) of one of the parents is not established.

Temporary assistance is assigned to a child under the age of 18. Unlike alimony, public assistance is not awarded or paid to children between the ages of 18 and 23, even if they continue their education.

Also, temporary assistance is not assigned to children under guardianship or guardianship or on full state support. However, if a child who is in the appropriate institution on full state support is at home during the summer holidays, the specified assistance is assigned for the full months of such a stay on the basis of a certificate from the institution that the child was not at that time on full state support.

Where should you apply for assistance?

Temporary assistance is assigned and paid at the place of residence (stay) of one of the parents who supports the child, labor and social protection departments.

In the event of a change in the place of residence (stay) of the recipient, the payment of temporary assistance continues by the body of social protection of the population at the new place of residence (stay) from the month the recipient applied.

What documents are submitted for the purpose of assistance?

To assign temporary assistance, the recipient submits to the social protection authority at the place of residence (stay):

• application in the form approved by the Ministry of Social Policy;
• a copy of the child's birth certificate;
• declaration on income and property status of persons who applied for the appointment of all types of social assistance (filled in on the basis of certificates of income of each family member).

Information about the composition of the applicant's family is noted in the declaration of income and property status of persons who applied for the appointment of all types of social assistance.

Depending on the grounds on which temporary assistance is granted, the following documents are additionally submitted:

• a court decision (writ of execution) on the recovery of child support from one of the parents; certificate of the state executive service, confirming the fact of non-payment of alimony by one of the parents within six months preceding the month of application;
• a certificate of the relevant institution on the commission of criminal proceedings against one of the parents or on his stay in compulsory treatment, in places of deprivation of liberty, declaring him incompetent in the prescribed manner, as well as being in military service;
• notification of the internal affairs body that the place of residence (stay) of one of the child's parents has not been established.

Responsibility for the accuracy of the information provided to the body of social protection of the population about non-receipt of alimony and their amount rests with one of the parents.

What is the amount of assistance?

Temporary assistance is provided for children in an amount equal to the difference between 50 percent of the subsistence minimum for a child of the corresponding age and the average monthly total family income per person for the previous six months.

Calculation of the average monthly total family income for granting benefits is carried out in accordance with the Methodology for calculating the total family income for all types of social assistance.

The family of a person applying for the said allowance includes: spouse (wife); natural, adopted and ward children under 18 years of age, as well as children under the age of 23 who study full-time in general education, vocational and higher educational institutions of I-IV levels of accreditation and do not have their own families, regardless of place of residence or place registration; unmarried adult children who are recognized as disabled from childhood of groups I and II or disabled of group I and live with their parents; disabled parents of the husband and wife who live with them and are dependent on them due to the lack of their own income; a woman and a man who live in the same family, not married, but having common children. The family does not include persons who are fully supported by the state.

For individuals - entrepreneurs who have chosen the simplified taxation system and are the payer of the single tax of the first group, regardless of the received (non-received) income, the total income for each month includes income at the level of two sizes of the subsistence minimum established for able-bodied persons, effective for the corresponding month; for individuals - entrepreneurs who have chosen a simplified taxation system and are payers of a single tax of the second group - three sizes of the subsistence minimum established for able-bodied persons; for individuals - entrepreneurs who have chosen a simplified taxation system and are a single tax payer of the third group - four subsistence levels established for able-bodied persons.

The recalculation of the amount of benefits is carried out by the body of social protection of the population from the day the child reaches the appropriate age without the recipient's request. If a new subsistence minimum is established for a child of the appropriate age, the amount of temporary assistance is recalculated without the recipient's request from the month in which the law establishing the new subsistence minimum came into force.

How do I get a child support order?

Writ proceedings are a simplified form of legal proceedings. A court order is an executive document, on the basis of which the recoverer can forcibly obtain what he wants from the debtor. The current legislation allows you to recover child support from one of the parents as a percentage of income or a fixed amount of money on the basis of a court order.

In accordance with Part 5 of Article 183 of the Family Code of Ukraine, one of the parents or other legal representatives of the child, with whom the child lives, has the right to apply to the court for a court order for the recovery of alimony in the amount of one child - one quarter, two children - one third, for three or more children - half of the earnings (income) of the alimony payer, but not more than ten living wages per child of the corresponding age for each child.

According to part 3 of article 184 of the UK, one of the parents or other legal representatives of the child with whom the child lives has the right to apply to the court for a court order for the recovery of alimony in the amount of 50 percent of the subsistence minimum for a child of the corresponding age.

Thus, on the basis of a court order, it is possible to receive alimony both as a percentage of the defendant's income and in a fixed amount of money, but their size is limited by law. If the plaintiff wishes to receive alimony in a larger amount than is determined by Part 5 of Article 183 of the UK and Part 3 of Art. 184 of the UK, he should apply to the court with a statement of claim, in which he needs to justify why exactly this amount of child support (or children) is necessary for their maintenance and upbringing. In this case, the case will be considered in the order of general proceedings.

Also note that a court order cannot be issued if the alimony claim involves establishing or contesting paternity or maternity, or if other interested parties are needed to resolve the dispute. Those. it is possible to collect alimony from the father of the child on the basis of a court order if he is legally (according to the documents) the father of the child. If you need to first establish paternity or challenge the paternity of another person, you need to file an appropriate statement of claim with the court.

An application for the issuance of a court order for the recovery of alimony is filed with the court of first instance at the place of residence of the defendant or plaintiff.

An application for the issuance of a court order shall be submitted to the court in writing. Its content must comply with the requirements of Article 163 of the Civil Procedure Code of Ukraine.

Thus, the application must state:

1. the name of the court to which the application is submitted;
2. the name (name) of the applicant and the debtor, as well as the name (name) of the representative of the applicant, if the application is submitted by a representative, their place of residence or location;
3. the claims of the applicant and the circumstances on which they are based;
4. list of documents attached to the application.

Attached to the application for issuance of a court order:

• a document confirming the authority of the representative, if the application is signed by the representative of the applicant;
• other documents or their copies confirming the circumstances by which the applicant substantiates his claims.

The court fee when filing an application for the recovery of alimony does not cope.

The court considers an application for issuing a court order within five days from the date of receipt, and if the debtor in the application for issuing a court order indicates an individual who does not have the status of an entrepreneur, within five days from the date the court receives information about the place registered in the manner prescribed by law residence (stay) of the natural person - the debtor. The consideration is carried out without a court session and notification of the applicant and the debtor.

Based on the results of consideration of an application for issuing a court order, the court issues a court order or issues a ruling on refusal to issue a court order.

The court order states:

1. date of issue of the order;
2. name of the court, surname and initials of the judge who issued the court order;
3. surname, name and patronymic of the recoverer and debtor, their place of residence or stay, registration number of the taxpayer's account card of the recoverer and debtor, if any, or the number and series of the recoverer's and debtor's passport for individuals - citizens of Ukraine, as well as other data, if they are known to the court , which identify the claimant and the debtor;
4. a reference to the law on the basis of which the stated requirements are to be satisfied;
5. the amount of money to be recovered;
6. the amount of court costs paid by the applicant and subject to recovery in his favor from the debtor;
7. a message that, when considering claims in the order of writ proceedings and issuing a court order, the court does not consider the substantiation of the claims stated by the recoverer on the merits;
8. information on the procedure and deadlines for filing an application for the cancellation of a court order;
9. date of entry into force of the court order;
10. the term for presenting the court order for execution;
11. date of issuance of the court order to the claimant.

The court order is drawn up and signed by the judge in two copies, one of which remains in court, and the second is issued against receipt or sent to the exactor at his official e-mail address, or by registered mail with acknowledgment of receipt, or by a valuable letter with a list of attachments after entry into force in the absence of an electronic official address.

In accordance with Article 170 of the Code of Civil Procedure, the debtor is not entitled to challenge the court order for the recovery of alimony. He can apply to the court with a statement of claim to reduce the amount of alimony or to review the court order in connection with newly discovered circumstances.

A court order for the recovery of alimony can be presented for enforcement during the entire period for which payments are awarded (part 3 of article 12 of the Law “On Enforcement Proceedings”).

Alimony for the maintenance of spouses, parents and other relatives

The topic of paying alimony for the maintenance of minor children has been discussed more than once on the site. At the same time, few people know that in addition to the obligation to support a child, the Family Code provides for the obligation to support disabled spouses (ex-wife), elderly parents, and even other, more distant relatives. Next, we consider this issue in more detail.

Alimony for the maintenance of spouses

The Family Code provides for the obligation of each of the spouses to financially support each other. Spouse is entitled to alimony if it is:

• disabled(has reached retirement age, is a disabled person of 1, 2 or 3 groups);
• those in need of financial assistance(his income is below the subsistence level established by law).

The right of a spouse to alimony arises on the condition that the financial situation of the other spouse allows him to pay them. In addition, one of the spouses whose behavior in marriage was unworthy, and also if the incapacity for work occurred in connection with the commission of an intentional crime, if this fact is established by the court, does not have the right to maintenance. If everything is clear with the crime, then the category of “indecent behavior” is evaluative. It must be assumed that under this category the abuse of alcoholic beverages or drugs, abuse, etc.

After the dissolution of the marriage, the spouse (or spouse) is entitled to alimony if the incapacity for work occurred during the marriage or within a year after its dissolution, provided that such a person needs material assistance, and the other of the spouses is able to provide this assistance.

If the disability occurred after a year after the dissolution of the marriage, but the reason for this was the unlawful behavior of the former spouse during the marriage, the injured spouse is also entitled to alimony.

If at the time of dissolution of the marriage one of the spouses had at least 5 years left before reaching retirement age, and the marriage lasted at least 10 years, then after reaching retirement age such spouse will also be entitled to maintenance.

And even if one of the spouses is able-bodied, but needs financial assistance due to the fact that, having devoted himself to raising a child, doing housework, caring for other family members, he was not able to get an education, work, hold a certain position , he is entitled to alimony after the dissolution of the marriage. However, in such a case, the right to alimony lasts three years from the date of the dissolution of the marriage.

Regardless of their financial situation, the pregnant spouse and the spouse with whom the child lives until they reach 3 years of age (if the child has physical or mental deficiencies - until the age of 6 years), as well as a disabled child, have the right to alimony.

Alimony for the maintenance of a spouse can be paid both in kind and in cash (as a percentage of income or in a fixed amount), both voluntarily and by court order. Alimony is paid, as a rule, on a monthly basis, but it is also possible to pay alimony in advance. In addition, the spouses can conclude an agreement on the provision of maintenance to one of them, in which they stipulate the conditions, amounts and terms of its payment.

If one of the spouses fails to comply with the terms of the agreement on the payment of alimony, they can be recovered on the basis of a notary's executive inscription.

Alimony for the maintenance of parents

Adult children are responsible for the maintenance of disabled parents who require material assistance. In addition to alimony, children are required to participate in additional expenses for the maintenance of parents associated with illness, disability or caused by other reasons.

If the father or mother was deprived of parental rights and were not renewed in these rights, the children are not required to support them. Children can also be exempted from paying alimony by the court if it is established that the parents evaded their parental duties (did not participate in the upbringing, maintenance of the child, etc.).

Daughter, son are released by the court from the obligation to support the mother, father and the obligation to participate in additional costs, if it is established that the mother, father did not pay child support, which led to a debt, the total amount of which exceeds the amount of the corresponding payments for three years , and such debt is outstanding at the time the court decides to determine the amount of alimony for parents.

As an exception, in such cases, alimony can be awarded for a period not exceeding 3 years.

The amount of alimony, as well as additional expenses for the maintenance of parents, is determined by the court, in a fixed amount of money or as a percentage of income. This takes into account the financial and marital status of the parties, as well as the possibility of collecting alimony from other children, spouse or parents.

If the father or mother is seriously ill or disabled, and the child has sufficient income, the court may decide to recover from the child a one-time or for a certain period of funds to cover the costs associated with treatment and care.

Alimony for other relatives

The obligation to support other relatives arises from:

• grandparents in relation to minor grandchildren, if they do not have parents, or parents for good reasons cannot support children, and grandparents have such an opportunity;
• adult grandchildren and great-grandchildren in relation to disabled grandmother, grandfather, great-grandmother, great-grandfather, if they do not have spouses, adult children, or they cannot support them for good reasons, and grandchildren or great-grandchildren have such an opportunity;
• brothers and sisters in relation to minors or adult disabled brothers and sisters, if they do not have parents or spouses who can support them;
• stepmother, stepfather in respect of a minor stepson or stepdaughter who lives with them and does not receive maintenance from parents, woman, grandfather, sisters, brothers (the court may release the stepmother, stepfather from this obligation if they lived with the child for a short time or the parents of the child behaved unworthily in marriage);
• persons in whose family the child was brought up, if he does not have parents, a woman, a grandfather, adult brothers or sisters;
• stepdaughter, stepson in relation to a disabled stepmother or stepfather, if they, in turn, provided systematic assistance to the stepson or stepdaughter for at least 5 years and they do not have a spouse, parents, children, brothers or sisters who can support them
• if a child, before reaching the age of majority, lived with relatives or other persons in the same family for at least five years, upon reaching the age of majority, he has an obligation to support these people if they need material assistance and they do not have spouses, parents, children, sisters or brothers who may contain them.

The amount of alimony, appointed by the court, is determined in a fixed amount of money or as a percentage of the income of the payer. The total amount of alimony cannot be less than 30% of the subsistence minimum.