Executive documents on alimony

Executive documents on alimony

Enforcement proceedings are possible only from enforcement documents: a notarial agreement, a court order or a writ of execution. The agreement is drawn up with the consent of the parties, other executive documents are presented by the court.

Court proceedings can be of two types: writ (simplified) proceedings, when the defendant has no objections, or claims, during which complex situations are considered that require careful consideration, taking into account all the circumstances of the parties and their financial situation.

Types of enforcement documents when collecting alimony

The executive documents for the collection of alimony are:

  • Notarized agreement certified.
  • Court order An order can be obtained at the request of the applicant in the case where the debtor has no objections.
  • Letters of execution issued from judicial acts.

A court order and a letter of execution have the same legal force. Their differences are in the methods of receipt and in the fact that, according to a writ of execution, alimony is contained in a fixed amount or in a share of the income (earnings) of the payer, and on the basis of an order exclusively in a share of income.

Example

Citizen Ivashenko T.Yu. filed a claim for alimony payment by her ex-husband. The defendant appeared at the hearing, did not file a counterclaim and agreed with the demands put forward. The court, using the simplified system, issued a court order to fulfill alimony obligations by citizen N.P. Ivashenko. in the amount of 1/4 of income, as required by law. The plaintiff personally took the court order to the accounting department at the defendant’s place of work for execution.

Agreement on alimony as an executive document

Such an agreement is concluded by mutual consent with mandatory notarization. The document determines the amount and procedure for paying alimony. The agreement has the same legal force as a court decision. Failure to fulfill obligations under the agreement will entail similar legal consequences as under a court decision.

In accordance with the requirements of the law, the transaction includes data on: the amount, methods of calculation, payment procedure, as well as indexation of alimony.

An agreement is declared invalid by a court if:

  • No notarized certificate.
  • Does not meet legal requirements.
  • One of the parties does not have full legal capacity.
  • Committed in an illegal manner (by deception, violence or threats).
  • The amount of alimony is lower than prescribed by law.

All changes in the transaction, including its termination, are established only with the help of a notarization.

Alimony obligations under the agreement are terminated:

  • With a fatal outcome for one of the parties (death).
  • Expiration of the transaction period.
  • Based on such grounds specified in the agreement.

Typically, the agreement between spouses (former spouses) regarding the payment of alimony expires when the child reaches the age of majority.

Letter of execution on a court decision to pay alimony

During the trial initiated on the basis of the plaintiff’s application, the court will consider all the circumstances and make an appropriate decision. After which, after 30 days it will come into force and the court office will issue a letter of enforcement, which must be submitted for execution to the State Executive Service of Ukraine

Enforcement proceedings on the basis of a writ of execution are terminated for the reasons listed in the Family Code of Ukraine:

  • In the event of the death of one of the parties.
  • When a child is adopted (because rights and responsibilities are transferred to another person).
  • The child reaches adulthood. In this case, collections can only be directed towards existing alimony arrears.
  • By a court decision on the restoration of working capacity or when the claimant no longer needs to receive financial assistance.
  • When entering into a new marriage, if the recipient of alimony is the former spouse of the payer.

The procedure for executing writs of execution on the collection of alimony

When receiving executive documents, there are two courses of action:

  • Present it to the payer’s employer.
  • Contact the State Executive Service to collect alimony.

Documents are submitted to the territorial body of the state executive service of Ukraine:

  • At the place of registration of the payer.
  • At the location of the payer’s property.
  • At the payer’s place of employment.

When the payer evades payment of alimony, if there is a significant debt, the executor has the right to take measures to collect funds.

  • It is possible to seize bank accounts, wages and other income of the payer, as well as movable and immovable property.
  • If the location of the debtor is unknown, then with the help of a decree the executor can put him on the police wanted list and restrict the debtor from traveling abroad.
  • In cases of forced collection of debt, executors organize the sale of the debtor’s seized property through a special auction and payment to the recipient of all debts, taking into account interest and penalties, as well as fines in favor of the state. In this case, an enforcement fee is charged on the amount of each debt.
  • Malicious evasion of alimony payments also entails criminal liability under the Criminal Code of Ukraine. After submitting documents for consideration of the issue of initiating a criminal case, the bailiff is obliged to send requests for consideration of the case materials, since criminal proceedings do not terminate or suspend enforcement proceedings.

The actual fulfillment of alimony obligations is the basis for termination of enforcement proceedings. However, cessation of collection of periodic payments does not deprive the state executor of checking the correctness of the transfer of funds at the request of the collector or on his own initiative.

Accounting and storage of enforcement documents on alimony from the employer

If the place of study, work or receipt of a pension of the debtor is known, then the writ of execution, as well as details for payment, are sent to the appropriate organization. From the date of receipt of the writ of execution, the organization paying periodic payments to the debtor is obliged to maintain and transfer funds to the recoverer within three days from the date of payment.

At the same time, the accounting department is obliged to comply with the procedure for document flow of enforcement papers, and upon receiving documents from the debtor, notify the state executor about this.

When the payer pays alimony on the basis of an agreement, the employer is obliged to accept the employee’s application, which indicates the details of the bank account to which the funds will be transferred, full name. recipient, identification card, as well as TIN of the alimony recipient.

Executive documents can be transferred to the employer before the child reaches the age of majority or within three years after 18 years of age.

Writs of execution are subject to strict reporting and registration; the general director is obliged to issue an order appointing someone responsible for maintaining writs of execution. Executive documents must be kept in a safe.

Answers from a lawyer about writs of execution for alimony
There is a court decision and a letter of execution. Which state executive service should I contact?
What to do if the writ of execution is lost?

Enforcement documents on alimony: results

The obligation to pay alimony is fixed by the Family Code of Ukraine. In cases of evasion from fulfilling alimony obligations, forced collection or criminal liability will occur.

There are clear instructions on the procedure for obtaining executive documents. Violation of enforcement proceedings and maintenance of alimony.

The writs of execution contain specific information about the amount, payment procedure, as well as the details of the recipient. The documents are binding and oblige not only the payer, but also employers, as well as executive authorities to comply with payments until the completion of the payer’s obligations.

Services of a family lawyer

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

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

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

By contacting us, you are guaranteed to receive professional legal assistance in the collection and indexation of alimony.

You deserve our professional legal assistance!

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

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