Collection of alimony

Family lawyer

Skryabina Daria Sergeevna

Candidate of Legal Sciences

Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Collection of alimony” I will tell you about the collection of alimony: help from a lawyer, how to collect alimony for a child, about alimony online through the court, what is the minimum and maximum amount of alimony in Ukraine in 2022, and about determining the amount alimony in court Read the article to the end and contact our law firm for legal assistance in family matters.

Collection of alimony: assistance from a lawyer

Alimony (alimentum from Latin – “food”) is funds (in money or in kind) for food (maintenance), which the law obliges one of the spouses to pay to the other, a father to a minor child, an adult child to an elderly father, etc. They can be paid/transferred voluntarily or compulsorily, in court.

Our lawyers offer the service of collecting child support in court.

Our lawyers have more than ten years of experience in the field of family law, including the collection of alimony through the court. If you are looking for a child support lawyer, you have come to the right place.

We work with all courts in Ukraine.

Having paid for the services of a lawyer to collect child support once, we not only provide advice and prepare documents, but also submit them to the court ourselves. We receive a court decision and submit letters of execution for the collection of alimony to the enforcement service instead of the client. Thus, the participation of our clients in these complex litigations is minimal.

How to collect child support?

In the event that the mother and father have not reached a voluntary agreement on the financial support of the child or children, alimony may be collected in court. Our family lawyers provide legal advice on the collection of alimony in Ukraine.

An application for child support is submitted to the district court

To collect child support through the court, the parent with whom the child lives has the right to file a statement of claim (application for the issuance of a court order) to the court. Based on the statement of claim, the court makes a decision (court order), which will subsequently be carried out by the state executor.

To properly collect alimony through the court, it is necessary that the application for alimony be written by a lawyer or lawyer.

Alimony online through court

To date, there is no administrative service available so that you can simply apply for alimony online.

Filing a claim for alimony is a complex process, consisting of writing a claim, filing it with the court and supporting the case in court. At the same time, the defendant has every right to participate in the meetings and demand the participation of the plaintiff, and this is possible.

Online child support – with our help it’s real!

At the same time, our family lawyers in Ukraine offer their clients the opportunity to conclude an agreement for the provision of legal services by signing an agreement with a digital signature or by signing an agreement and sending it using Nova Poshta or another courier service.

In this case, the client does not even have to leave home, he only needs to sign an agreement with our Bureau and send us scans of his documents.

We do all the other work on collecting alimony, going to court and submitting a court decision, writs of execution to the enforcement service for you!

What is the minimum and maximum amount of alimony in Ukraine in 2022?

The minimum amount of child support is calculated based on the subsistence level for a child of the corresponding age. This subsistence minimum per child is determined by the Law of Ukraine “On the State Budget of Ukraine” for the corresponding year, and usually increases every quarter, that is, every three months.

According to Part 2 of Art. 182 of the Family Code of Ukraine, the amount of alimony must be necessary and sufficient to ensure the harmonious development of the child. The minimum amount of alimony for one child cannot be less than 50 percent of the subsistence level for a child of the corresponding age (until June 6, 2017, the amount of alimony was at least 30% of the subsistence level per child). Except in cases where the amount of alimony is determined in a fixed monetary amount by a court decision. (As a rule, this amount of alimony will be even greater).

The minimum amount of alimony is 50% of the subsistence level for a child

When preparing a claim for alimony, a lawyer will be able to correctly calculate and determine the amount of alimony that will most likely be collected by the court.

Determining the amount of alimony in court

When determining the amount of alimony, the court usually takes into account the following factors and circumstances that must be proven:

1. the amount of the debtor’s total income that he receives monthly (salary, pension, social assistance, income from real estate rental, copyrights, interest on deposits, etc.)
2. availability of real estate (apartments, non-residential premises, houses, dachas, land plots)
3. the presence of other persons in the debtor’s detainment (other children, wife, parents and pensioners, etc.)
4. the income of the parent with whom the child lives
5. expenses for the child’s education and development
6. child treatment expenses

Thus, the amount of child support in Ukraine in 2022 is established by the court based on the results of the consideration of the case.

It is very important to submit all the necessary documents with the statement of claim so that the court takes into account the necessary evidence and determines the maximum possible amount of alimony.

A court order or claim for alimony. Differences

An application for the collection of alimony can be filed in two forms: in the form of a court order and in the form of a statement of claim. Typically, such a statement is prepared by a lawyer or alimony lawyer.

An application for the recovery of alimony in the form of a court order can be submitted according to the following requirements:

1. on withholding alimony for one child in the amount of 1/4 of the defendant’s income
2. on the collection of alimony for two children in the amount of 1/3 of the defendant’s income
3. on the collection of alimony for three or more children in the amount of 1/2 of the defendant’s income, but not more than 10 subsistence minimums
4. on the collection of child support in a fixed amount of money in the amount of 50% of the subsistence minimum for a child of the corresponding age.

A positive aspect of collecting alimony in the form of a court order is the promptness of consideration of such an application by the court. You or your lawyer will not have to attend court hearings.

Court order: + “quickly” – “fixed amount of alimony”

A court case on alimony is considered within 15 days without summons or participation of the parties. A court order for alimony comes into force after 5 days from the date of its delivery to the defendant.

The negative point is that the application for a court order clearly limits the amount of alimony that can be collected; therefore, if the client wants to collect alimony in a larger amount, a claim for alimony should be filed.

In a claim for alimony, it is possible to recover alimony in the amount that the plaintiff wishes to indicate, but it should be understood that the final decision will be made by the court based on the circumstances of the case.

Claim for alimony: + “you can ask for any amount of alimony” – “slow down, you need to be in court”

The collection of alimony through claims usually takes 1-2 months; in some Ukrainian courts this can take up to six months. In this case, the client will have to go to the courts, present his arguments and justify the amount of alimony.

If you do not want or do not have time to go to the courts, an alimony lawyer can do this for you on the basis of an agreement and a warrant. In this case, you will not need to pay for notary services to certify the power of attorney.

Family lawyers submit the prepared documents for the collection of alimony to the court independently, which frees the client from the need to go to the courts, stand in line at the office and waste his time.

Where should a claim for alimony be filed?

A statement of claim for the collection of alimony can be filed with the district court at the place of residence of the parent with whom the child lives (at the place of residence of the plaintiff) or at the place of residence of the defendant.

We file a claim for alimony collection in court

The outcome of the case will not depend on which court the claim is filed. If you have a choice, in Ukraine we recommend filing a claim in the court that is less busy and will hear the case more quickly.

Do I need to pay a court fee for a child support claim in 2022?

There is no court fee for a claim for alimony. You only pay for the services of a lawyer or alimony lawyer and that’s it.

The court fee for collecting alimony is not paid

In the event that a claim for the collection of alimony is filed simultaneously with demands for divorce, or for establishing the place of residence of the child, then the court fee is paid for the additional requirement, but for the speedy consideration of the case for the collection of alimony by the court, we advise not to combine it with other requirements .

What documents are needed to prepare a claim (court order) for the collection of alimony?

To file a claim in court for alimony, you must provide the following certified copies of documents:

1. passports and TIN of the plaintiff;
2. the passport and TIN of the defendant (if these documents are not available, a claim can still be filed, but when considering the case, you will need to request the TIN of the defendant, which will delay the consideration of the case);
3. child’s passport (if a passport has been issued)
4. marriage certificates, or divorce decree;
5. child’s birth certificate;
6. documents indicating the need for additional expenses for the child (medical certificates, documents on participation in clubs, classes, etc.).

Our lawyers always correctly and completely prepare a package of documents for the court, which affects the speed of consideration of the case.

Please note that copies of documents submitted to the court with a claim for alimony must be properly executed and certified with the inscription “According to the original. The copy is correct”, the name of the person certifying the copies and the date of certification.

If a claim is filed by our office, we independently certify copies of documents with the seal of a lawyer.

It is better to entrust the preparation of documents to an alimony lawyer.

Our lawyers take care of all the preparation and certification of documents for filing a claim for alimony in court.

How to receive alimony from the state?

Parents are obliged to support the child, which is provided for in Article 181 of the Family Code of Ukraine.

In Part 8 of Art. 181 of the Family Code states that in cases of evasion of child support by one of the parents, the child may be assigned temporary assistance from the state, taking into account the financial situation of the family; such payments are made from the State Budget of Ukraine.

THE PROCEDURE for the appointment and payment of temporary state assistance to children whose parents evade paying alimony, are unable to support the child or their place of residence is unknown (Resolution of the Cabinet of Ministers of February 22, 2006 N 189) provides for this type of temporary assistance to a child under 18 years of age if:

1. a court decision to collect alimony from one parent is not implemented due to evasion of alimony payment or lack of funds by the debtor;
2. one of the parents is subject to criminal proceedings or compulsory treatment in places of deprivation of liberty (or he is declared incompetent, or is on compulsory military service);
3. the place of residence (stay) of one of the parents has not been established.

The amount of such assistance is equal to the difference between 50% of the subsistence level for the child and the average monthly family income per person over the last six months.

In order to correctly complete the package of documents for registration of social assistance, you can contact our lawyers for the telephone numbers listed on the website.

Collection of child support for an adult child

Child support is generally collected until the child reaches the age of majority, but there are exceptions that allow child support to be collected until the child reaches 23 years of age.

Child support for an adult child until he reaches 23 years of age can be collected by the court only if the child continues full-time education, and therefore cannot work and support himself.

To collect alimony for a child before he reaches 23 years of age, it is necessary to file a separate claim, attaching evidence of the child’s education for the period of collecting alimony, as well as an argument for the court about the need to collect alimony for an adult child.

Child support can be collected for a child under 23 years of age, provided that he is a full-time student and does not work.

The court charges the amount of child support for an adult child in part of the defendant’s income or in a fixed amount. The law does not define the minimum amount of alimony; the court determines it at its discretion, taking into account the financial condition of the child and the alimony payer.

Since the collection of alimony for an adult child follows a more complex procedure by filing a separate claim, we recommend contacting a child support lawyer to prepare a correct application that will not be rejected by the court.

Our lawyers have extensive experience in Ukraine in claims for the collection of alimony in favor of adult children continuing their education.

In what form is alimony paid?

By agreement of the parents, alimony can be paid in cash or in kind.

If one of the parents went to court to collect alimony, in this case alimony is collected:

• or in part of the defendant’s income,
• or in a fixed monetary amount.

Collection of alimony in the form of part of the defendant’s income

As a rule, when considering a claim for alimony, the court collects alimony from the defendant in the amount of a portion of his income.

When determining the amount of alimony, the court takes into account the financial condition of the defendant (including whether he has other dependent children or to whom he already pays alimony, other persons whom he supports), whether he has real estate or vehicles, shares in business, condition and the child’s health and needs.

The court may also take into account the unreasonable amount of expenses the defendant has with minimal income and collect alimony in a larger amount than the defendant officially earns.

The amount of child support must be sufficient to ensure his harmonious development.

It is beneficial to receive alimony as a share of earnings if the defendant is officially employed

The minimum amount of child support cannot be lower than 50% of the subsistence level for a child of the corresponding age.

The minimum recommended amount of child support must correspond to the minimum subsistence level for a child of the appropriate age.

According to current practice, alimony is charged in the following amounts:

1. per child in the amount of 1/4 of the defendant’s income
2. for two children in the amount of 1/3 of the defendant’s income
3. for three or more children in the amount of 1/2 of the defendant’s income

Collection of alimony in a fixed monetary amount

If the defendant’s earnings are absent or unsystematic in nature, the court may award child support in a fixed amount of money, subject to indexation.

At the same time, the court decision can indicate that this amount should not be less than the corresponding part of the subsistence minimum for the child.

Collection of additional expenses for a child

By decision of the court, additional expenses for child support may also be recovered from the defendant, for example:

1. treatment of a child
2. the child’s attendance at sections, clubs, etc.
3. visit by the child to specialists (speech therapist, psychologist, etc.)
4. the child’s travel if it is related to his education
5. child’s stay in a sanatorium

These expenses can be charged monthly (if they are systematic) or one-time. In this regard, we recommend that you keep all receipts for child expenses that you have incurred, as these documents will need to be filed with the court.

Indexation of the amount of alimony

If alimony was collected in a fixed amount of money, it is subject to indexation and cannot be less than the minimum specified by law.

Alimony is subject to indexation in accordance with the Law of Ukraine “On amendments to certain laws of Ukraine regarding indexation of the amount of alimony determined by the court in a fixed monetary amount.”

According to this law, child support must be indexed in accordance with the Law of Ukraine “On Indexation of Cash Income of the Population”.

Due to inflation, the amount of alimony in a fixed monetary amount is subject to indexation.

The indexation of alimony is carried out by the state executor; for this there is no need to go to court. Indexation of alimony differs from changing the amount of alimony, as described below.

In some cases, if the state executor refuses to index the amount of alimony, the amount of alimony indexation can be recovered through the court.

How to change (increase or decrease) the amount of alimony if the court has already made a decision?

The amount of alimony can be changed at the request of the payer or recipient of alimony from a court decision.

To do this, the court must prove the existence of circumstances affecting the amount of alimony.

A child support lawyer will help you increase the amount.

For the recipient of alimony, this may be:

1. child’s illness
2. disability
3. increase in defendant’s income

For the alimony payer, these may be:

• decrease in income
• health problems
• having children in another marriage
• collection of child support for other children.

How can you ensure that child support is spent on the child?

According to the law, alimony is the property of the child in whose favor it is collected. At the same time, alimony actually goes to the card of the father or mother receiving alimony, and the alimony payer is interested in ensuring that his money is spent specifically on the child, and not on other desires of the alimony recipient.

According to the application of the alimony payer, representatives of the guardianship and trusteeship authorities can control the direction of funds in favor of the child.

Child support is the property of the child alone

If it is established that alimony is not being spent on the child, the applicant may file a claim in court to reduce the amount of alimony or to deposit alimony into the child’s personal bank account, which the child can control after reaching 16 years of age.

How to pay child support voluntarily?

As mentioned earlier, parents can voluntarily agree to pay child support, without anyone going to court. To ensure that the recipient of alimony is not tempted in the future to declare that the other parent did not support the child, we advise collecting evidence of payment of alimony, even on a voluntary basis.

It is better to pay alimony voluntarily through a bank

These can be receipts for the transfer of funds to the account of the second parent, marked “child support…”, or handwritten receipts confirming receipt of funds.

You can also contact the accounting department at your place of work with a request for an automatic transfer to your mother’s account.

Transfer of property for alimony:

On the basis of a notarized agreement, with the consent of the guardianship and trusteeship authorities, they can conclude an agreement on the termination of the right to alimony in connection with the transfer of real estate to the child.

This property cannot be sold until the child reaches the age of majority.

The conclusion of such an agreement does not exempt you from paying additional expenses for the child.

Is it possible to completely exempt yourself from paying alimony?

By a court decision, parents can free themselves from the obligation to pay child support if the child’s income exceeds the income of the parents.

What is the procedure for forced collection of alimony:

After the court makes a decision to collect alimony, the court issues a letter of enforcement.

If the application for alimony was drawn up through an application for the issuance of a court order, the court issues a court order, which is also a writ of execution. Further, a letter of execution should also be understood as a court order.

The writ of execution for the collection of child support is submitted to the executive service authorities (GIS) at the place of residence or place of work of the defendant.

After receiving the writ of execution, the state executor determines the debtor’s place of work and sends to his place of work a resolution on the deduction of alimony from wages. Similarly, alimony is levied on other types of earnings: pensions, social assistance, etc.

Compulsory alimony is collected by the executive service

If the defendant does not work anywhere, the amount of alimony is calculated based on the average earnings in the region in which he lives. In this case, the state executive sends a resolution to open enforcement proceedings to the debtor, warning him of liability for non-payment of alimony.

If alimony is not paid, the state executor has the right to seize the movable and immovable property of the godman, his bank accounts. Also, sanctions may be applied to the debtor for non-payment of alimony.

How to collect alimony from an unemployed person?

There is a misconception that it is impossible to collect alimony from a non-working, unemployed person. In fact, this is not true.

One of the options for collecting alimony for an unemployed person is to collect it in a fixed monetary amount. If, by decision of the defendant’s court, a specific amount of alimony is established, then alimony will be calculated regardless of whether the alimony payer has a job.

If there is a court decision to collect alimony from part of the debtor’s income, this does not mean that due to lack of earnings, the amount of alimony will be zero.

On the contrary, for the unemployed, the amount of alimony will be, for example, larger compared to a person receiving at least the minimum wage. In such a situation, the amount of alimony is calculated based on the average salary in the region.

Alimony for an unemployed person may be greater than for an employed person

In practice, the average wage can be 2-3 times higher than the minimum wage in the region. In Ukraine, as of 2020, the average salary was more than UAH 10,000. Thus, it is more profitable to officially receive at least the minimum wage, and pay alimony based on its amount, than not to pay it at all.

Responsibility for non-payment of alimony

In 2018, at the initiative of the Ministry of Justice, liability for non-payment of alimony was significantly increased. Finally, it became unprofitable not to pay alimony, and in 2018, 2019, 2020, the amount of alimony debt decreased significantly.

A child support lawyer can hold a defaulter accountable

Penalty for alimony

In case of delay in monthly alimony payments, for each day of delay in such payment, the alimony payer is obliged to pay an additional penalty of 1% per day of delay.

The amount of this penalty cannot exceed 100% of the amount of alimony debt. Thus, it is impossible to charge a penalty for more than 100 days, but this amount of the penalty significantly increases the defendant’s debt obligation.

Administrative responsibility. Public Works

If there is a delay in payment of alimony for more than 6 months, the state executive may draw up an administrative protocol on non-payment of alimony, on the basis of which the court engages the debtor to perform public works for a period of 120 to 140 hours. Income received from public works is used to pay off alimony arrears.

Community service is not assigned to disabled people of groups 1 and 2, pregnant women, women over 55 years of age, and men over 60 years of age.

The right to take a child abroad without the permission of the debtor

If there is a delay in paying child support for more than 6 months, the parent with whom the child lives has the right to take the child abroad without the permission of the child support debtor.

Prohibition on the debtor traveling abroad

If there is a delay in payment of alimony for more than 6 months, the state executive has the right to issue a resolution banning travel abroad. This issue is resolved by the state executor personally without the participation of the court. The travel ban is lifted only after the alimony debt is paid off.

Temporary restrictions on the use of vehicles, firearms and other weapons, restrictions on hunting

If there is a delay in payment of alimony for more than 6 months, the state executive has the right to issue a decision on the temporary use of the right to drive vehicles, as well as the right to use firearms and other weapons, as well as to deprive him of the right to hunt.

Deprivation of parental rights

Failure of the father to participate in the material maintenance of the child is one of the grounds for depriving him of parental rights. At the same time, deprivation of parental rights does not relieve such a “father” from the obligation to pay child support.

In claims for deprivation of parental rights, the presence of a certificate from the state executor about the existence of arrears in alimony is one of the main evidence for the court to make a positive decision.

Criminal liability for non-payment of alimony

According to Art. 164 of the IC of Ukraine establishes criminal liability for malicious evasion of payment of funds established by a court decision for the maintenance of children (alimony), as well as malicious evasion of parents from the maintenance of minors or disabled children in their support. The sanction of the article provides for community service for a period of 80 to 120 hours, or arrest for a period of up to three months, or restriction of freedom for a period of up to two years.

According to Art. 165 of the Criminal Code of Ukraine, malicious evasion of payment of funds established by a court decision for the maintenance of disabled parents is punishable by a fine of 100 to 200 tax-free minimum incomes of citizens or community service for a period of 80 to 120 hours, or correctional labor for a period of up to one year, or restriction freedom for up to two years.

At the same time, malicious evasion of payment of alimony for children or disabled parents should be understood as any actions of the debtor aimed at non-fulfillment of a court decision (concealing income, changing place of residence or place of work without notifying the state executor, private executor, etc.), which led to the emergence of arrears in the payment of such funds in an amount that collectively constitutes the amount of payments for three months of relevant payments.

If there is 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 (notification) of a criminal offense committed by the debtor, which consists of evading the payment of alimony.

Do I need to get divorced to receive child support?

It is not necessary to end a marriage to receive alimony. The parent who actually supports the children and lives with them has the right to file alimony even before the divorce.

For what period is alimony charged?

Alimony begins to be collected from the moment the claim is filed in court, regardless of how long the court takes to consider the case. The date of filing the claim in court is the mark of the court office about the filing of the claim or the mark of the post office if the claim was sent by mail.

For example, if a case in court for the collection of alimony is considered within a year, after receiving a writ of execution and a decision, they will be collected while the case is in court. Thus, it is not beneficial for the defendant to delay the case of withholding alimony.

Is it possible to recover alimony for past periods?

The Family Code of Ukraine provides for the possibility of collecting alimony for past periods (during the time before filing a claim in court), but provided that the court is proven that the plaintiff took actions aimed at collecting alimony.

In our practice, we have not seen positive decisions on the collection of alimony for previous periods, so we recommend that you still file a claim for the collection of alimony immediately from the moment one of the parents stopped supporting the children.

At what age does child support begin?

According to the IC of Ukraine, alimony for the maintenance of a child is calculated until the child reaches the age of majority, that is, until the child reaches 18 years of age.

Alimony for ex-wife if there are children under three years of age

Can a wife apply for alimony for herself?

The Investigative Committee of Ukraine testifies that the wife with whom the child lives has the right to maintenance until the youngest of the children turns 3 years old. The same goes for your pregnant wife.

And although current legislation prohibits divorce if there are children under the age of 1 year, and/or if the wife is pregnant, there are very frequent cases when a man simply leaves the family without a divorce. Therefore, the specified article of the IC of Ukraine serves to protect mothers from such situations.

Moreover, a wife with a child under 3 years of age, as well as a pregnant wife, has the right to alimony, regardless of whether she works and what her financial situation is. The only condition is that the man’s financial situation allows him to allocate a certain amount from his income for such expenses.

If alimony is ordered by the court during pregnancy, after the birth of the child it continues to be paid without re-applying to the court. Thus, when filing a claim with the court to collect alimony for the maintenance of the wife, she must provide the court with evidence of her husband’s solvency and evidence that the child lives with her.

Also on the site rozirvannya-shlyubu.com.ua the following materials may be useful for you: Division of marital property, Deprivation of parental rights, Actual marital relations, Adoption of a child, Parents’ right to a child, Father’s rights to a child, Divorce. 

Family lawyer

Skryabin Alexey Nikolaevich

Doctor of Law

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