Rules of alimony in Ukraine

In early March 2011 came into force new edition of the law of Ukraine "On enforcement proceedings". This Law has made significant changes and additions to a number of regulations. Including significantly changed Art. 74 regulating the receipt and payment of child support. So today I want to draw your attention to the new order of alimony.

Two variants of alimony

Today in Ukraine there are two ways of getting alimony: voluntarily by agreement or compulsorily by the court.

In the first case, parents sign a contract of voluntary payment of child support and assure him in a notary's office. If contract terms are violated, then the notary can issue an Executive inscription, which equates to a court order issued on the basis of a court decision.

If parents do not come to a voluntary agreement regarding alimony, the case is submitted to the court, which issues a writ of execution for the recovery of maintenance from the Respondent.

But, as practice shows, parties often go to court, than enter into an agreement on the voluntary payment of support. Therefore, we will consider the option of a judicial decision of a question.

The amount and term of alimony

The decision of the court child support is calculated for the present and the future, that is, the term of alimony is calculated from the date of the writ, and not from the date of entry into force of the court decision. The court may also collect alimony for the past time, if the limitation period does not exceed three years. Moreover, it does not matter why the applicant has not previously addressed the court for alimony.

The amount of arrears of child support is determined by the state by the contractor at the place of execution of the decision, taking into account the actual income of the debtor for the whole period, when the child support was not implemented.

The new edition of the law of Ukraine "On enforcement proceedings" has significantly expanded and grounds for reconsideration of alimony payment. For example, the minimum payment of the alimony on the maintenance of the child may change, and therefore the definition of the debt can be made on the basis of the statements of the claimant, the debtor and the state of the performer.

The recovery of the debtor's property

The undoubted advantage of the new Law, noteworthy is the simplification of the procedure for foreclosure of the debtor's property. Before such measures were applied only in those cases where enforcement of the state by the contractor of child support from wages or other income of the debtor for three consecutive months was impossible, because the latter does not work and does not receive income. Now sufficient grounds for such action is the only debt on the payment of alimony for three months, whether the debtor or not.

Control over the Executive production

It should be noted that, according to the amended Law, the Executive service is no longer required to monitor compliance with the terms and amount of alimony payment. Therefore, the claimant should closely monitor the execution of court decisions. In case of failure of the payer to pay child support, the size mismatch payment or maturity date, you should immediately contact the Executive service with a written statement.

If the amount of alimony debt will exceed the amount of the required payments for the six months to address the issue of payments Executive service now obliged to apply to the bodies of internal Affairs. And they, in turn, can initiate a criminal case under article 164 of the Criminal code for willful evasion of the debtor from the payment of alimony.

Source: uadvokata.com.ua

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