Debt on alimony

Debt on alimony

In our lives, we can often encounter a situation where funds collected in court or established in an agreement for the maintenance of minor children do not reach their recipient. In this regard, the payer develops a debt. Determining its size depends on a number of factors and is carried out in two ways in accordance with the Family Code of Ukraine and the Law of Ukraine “On Enforcement Proceedings”. At the same time, the claimant has the right to be assessed a penalty for late payment of funds allocated for the maintenance of the child.

All necessary information about alimony, including arrears for these payments relating to a specific person, can be obtained directly from the state executor.

How to find out about alimony debt

In accordance with the Family Code of Ukraine, parents are obliged to support their minor children. In the event that they evade fulfilling this obligation, the funds necessary for these purposes (alimony) are collected in court (in the absence of an appropriate agreement), that is, forcibly.

You can often encounter a situation where there seems to be an agreement on the retention of a child or a court decision according to which alimony is collected, but in fact the funds do not arrive, and so a debt begins to form. Considering the above, it is important for interested parties (both the debtor and the claimant) to always be aware of whether there is any debt under these obligations for a specific person, and where can this be found out?

To resolve this issue, it is necessary to be guided not only by the norms of family law, but also by the Law of Ukraine “On Enforcement Proceedings”. Based on the provisions specified in these acts, a person can find out the necessary information on alimony payments based on a direct appeal to the state executor.

Going to court for arrears of alimony

In accordance with the Law of Ukraine “On the Executive Service”, it is the state executor who is entrusted with the responsibilities for conducting enforcement proceedings, including those related to the collection of alimony payments. The activities of this official are strictly regulated by the Law of Ukraine “On Enforcement Proceedings”. Moreover, it is he who is entrusted with the responsibility under the Family Code of Ukraine to determine alimony arrears.

In this regard, it is the state executive conducting enforcement proceedings in the case who sees the most complete “picture” related to payments, therefore, it is necessary to contact him if any questions arise, both from the collector and from the debtor.

Such an appeal can be made in the following forms:

  • directly to the department to a specific contractor;
  • by phone;
  • by sending a written request (the response will be given within one month, also in writing).

Penalty for arrears of alimony

If there is a situation where alimony was not paid for one reason or another and, as a consequence of this, the corresponding debt arose, a penalty may be imposed on its amount. This right is provided for by the Family Code of Ukraine. In particular, the following should be noted here:

  • if there is an unfulfilled agreement, the responsibility of the perpetrator arises based on the content of the agreement itself;
  • if there is a court decision to collect alimony, 1% of the amount owed for each day of delay.

The imposition of a penalty in this case is not carried out in an indisputable manner. This means that the child’s other parent will need to file a lawsuit to recover this amount.

Example

Ivanov did not pay child support, which was collected from him through the court, resulting in a debt of four months. The child’s mother filed a lawsuit to recover the penalty. At the same time, when considering this case, the court took into account the fact that the defendant at his place of work had untimely payment of wages during this particular period of time, and refused to satisfy the plaintiff’s demands.

At the same time, it should be noted that the Family Code of Ukraine, in addition to establishing the possibility of collecting a penalty for late payment of alimony payments, also provides the claimant with the right to compensation for damage in the part not covered by the penalty, if this was due to late payments.

Calculation of alimony debt

Of great importance in alimony relations is such a procedure as calculating the debt for these payments. As mentioned earlier, it is carried out directly by the state executor. At the same time, the Family Code of Ukraine, as well as the Law of Ukraine “On Enforcement Proceedings”, establishes the following methods for this calculation:

  • according to the established minimum subsistence level;
  • based on the level of average wages;
  • the amount of income of the alimony payer.

The first method is suitable in cases where alimony is established by agreement of the parties or by a court decision in a fixed monetary amount. This means that the basis for determining debt is the indicator established by the authorized body. It is important to consider that it changes once every six months.

The second method can be used when the alimony payer does not have official employment and a confirmed amount of earnings or this person hides this information. As a rule, it must be used when alimony is collected in partial respect.

The third calculation method is necessary in cases where the debtor has official earnings and a place of work, but there were no payments during a certain period of time.

Collection of child support arrears

Collection of alimony is carried out in court only once. But what should a claimant do when the payer is in arrears in paying alimony?

In this case, the debt is subject to collection only by the state executor conducting the relevant proceedings, since it is he who determines the amount of the resulting debt.

To do this, in accordance with the Law of Ukraine “On Enforcement Proceedings”, this official has the right to take measures to enforce the obligation:

  • foreclosure on the debtor’s property, as well as his funds and securities;
  • the same actions aimed at periodic payments and property rights in almost any legal relationship;
  • seizure and seizure of property, etc.

In addition to the above situation (as part of enforcement proceedings), a person who does not receive alimony has the right to apply to a judicial authority to collect arrears of alimony. We are talking about situations when the debtor hides information about income, and he does not fully take the required actions to repay the debt, as well as in the event of the death of the alimony payer.

Answers from a lawyer about collecting alimony arrears
How can I collect arrears of child support for my 6-year-old son if the bailiffs refuse to search for my ex-husband, and I do not know his whereabouts?

Child support debt: results

As a result of the discussed topic of arrears in alimony payments, it is necessary to pay attention to the following points:

Debt calculation is carried out by the state executor on the basis of three methods established by law.

If there is a debt, the collector has the right to demand from the debtor a penalty for late payments, as well as compensation for losses.

Collection of alimony debt is carried out within the framework of enforcement proceedings, and in exceptional cases – in court.

Any party to enforcement proceedings can obtain information about the existence of this debt from the state executor.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony and alimony arrears.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of the services of a family lawyer or lawyer, your case of collecting alimony and alimony arrears will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony and alimony debt.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case for the collection of alimony and alimony arrears, call or write to a lawyer and you will receive answers to all your questions.

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