Non-payment of alimony

Non-payment of alimony

Despite the fact that the obligation to support minor children and adult family members is not only implied by moral norms in society, but also established by the Family Code of Ukraine, cases of evasion of alimony obligations are widespread.

It is better for the recipient and the payer to reach mutual understanding and enter into a notarized agreement on the payment of alimony. But if it is not possible to resolve the issue peacefully, alimony payments can be forcibly collected by going to court through writ or lawsuit proceedings. Of course, for failure to comply with a court decision, there are various penalties for non-payment of alimony.

You can force the evader to pay on your own, but it is better and more reliable – with the help of the State Executive Service of Ukraine. Moreover, alimony payments not only have to be renewed, the debt for previously unpaid alimony is also subject to repayment. However, first you should find out the reasons why the payment of maintenance funds stopped: perhaps it is not a matter of malicious evasion, but of the difficult life situation of the payer (in this case, it may not be his fault).

Debt calculation

If there is a systematic failure to pay alimony, it is quite logical that debt appears and accumulates. At the same time, according to the Family Code of Ukraine, it can be calculated differently and depends on the method of assigning alimony payments:

  • For alimony collected in a fixed monetary amount, the calculation of the debt is extremely simple: the established amount of the monthly fixed monetary amount must be multiplied by the number of months during which alimony was not paid.
  • For alimony payments intended as shares (percentages) of wages:
  • if the payer officially works or has another stable income, then the calculation is made from the amount of his income for the period during which alimony payments were not made;
  • if the payer has quit and (or) is unemployed, and at the same time he has no other income, then to calculate the debt, the payer’s previous income is ignored and the amount of the official average monthly earnings for the corresponding region of Ukraine at the time when the alimony debt is collected is used.

In addition to direct debt incurred due to the payer’s fault, in accordance with the Family Code of Ukraine, the recipient may recover a penalty through the court.

Child support debt is not the fault of the debtor

Not always alimony arrears arise as a result of the payer’s malicious intent. This is often due to various difficult life circumstances, in which the alimony payer (even if desired) has no opportunity to fulfill his obligations to pay alimony.

Such circumstances due to which maintenance funds were not paid on time and (or) in full include:

  • human factor and technical errors of employees, accounting departments of the payer’s enterprise, banks, transferring and accruing funds;
  • serious illness of the payer or his close relatives, especially associated with the acquisition of disability, but in any case requiring serious material costs;
  • entering a combat zone, man-made disaster, natural disaster or being in any of the listed zones;
  • any other force majeure circumstances that are important to the court.

It is important to note that serving a sentence in prison, having other debts (including mortgages and other loans), losing a job are not in themselves valid reasons for non-payment of alimony.

Malicious evasion of alimony payments

However, most often alimony arrears arise due to deliberate, systematic non-payment. This behavior of the payer is usually called “malicious evasion.” In order to speak specifically about malicious evasion, there must be an obvious reluctance to support a child or another disabled family member in need, as well as a deliberate failure to fulfill these duties for a long time.

Intention in the behavior of the defaulter can manifest itself in the form of the following signs:

  • avoiding employment (on your own or through an employment center) in the absence of work;
  • concealment of income or part thereof;
  • failure to pay alimony for more than 3 months and, as a result, the formation of significant debt;
  • failure to repay debt even after warnings from bailiffs;
  • change of place of residence and concealment of information about this;
  • being on the wanted list initiated by state enforcement agents.

It is the malicious nature of non-payment of alimony that can subsequently lead to maximum penalties and penalties provided for such situations.

How to force you to pay child support?

Compulsory influence on the debtor is possible only if the enforcement proceedings were previously violated. That is why a much more prudent option would be to first contact the state executive service with the writ of execution, rather than take it yourself to the payer’s place of work.

If alimony payments are not received, it makes sense to wait a while: it is quite possible that the failure was caused by technical reasons and the accrual of funds will resume on its own. However, if two or more payments are missing, you should contact the state executor to find out the reasons.

You can also submit an application for calculation of the debt accumulated on the date of application. As a result, the collector will be issued an appropriate decree with which it will be possible to apply to the court with a claim for debt collection. In addition, the application for debt calculation can be supplemented with a requirement to take measures to eliminate alimony debt, which is also the responsibility of state executors.

Responsibility for non-payment of alimony

Various types of liability for non-payment of alimony can be applied based on a number of factors – the amount of debt, the duration of evasion and the presence of intent. Thus, as a result of evading alimony payments, liability may arise for:

  • administrative;
  • civil law;
  • criminal.

If administrative liability is applied, the debtor may be fined, his property and accounts may be seized, the validity of his driver’s license may be limited, and he may also be prohibited from traveling abroad. In addition, public robots or even arrest may be assigned.

As part of civil liability, a defaulter is usually charged a penalty, and in the case of malicious evasion of child support payments and, as a result, complete indifference to them, the court may decide to deprive parental rights.

However, the most serious consequences await the debtor in the event of criminal liability. However, it is used only in the most extreme situations, when other measures have been exhausted. The Criminal Code of Ukraine provides for the following punishment options:

  • community service for a period of eighty to one hundred and twenty hours;
  • arrest for up to three months;
  • imprisonment for up to two years.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you with non-payment of alimony.

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 a lawyer, your case of collection for non-payment of alimony will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in the collection of non-payment of alimony.

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 collection of non-payment of alimony, call or write to a lawyer and you will receive answers to all your questions.

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