Payment of alimony

Payment of child support

Alimony is the monetary sum paid for the maintenance or support of a certain person. Chapters 15-16 of the Family Code of Ukraine establish the procedure according to which minors or adult children have the right to financial assistance, but not more than until they reach 23 years of age.

Parents, even if they are not officially divorced and do not live together with the child, are obliged to support him/her by joint efforts. They must agree on the procedure for financial support for minor children and conclude an agreement on this. If it is impossible to come to an agreement, alimony can be collected through the court.

The Family Code of Ukraine stipulates who, in what amount and how often must pay alimony.

The following persons have the right to collect child support payments:

• one of the parents (biological, adoptive) or guardians;
• adoptive parent, if the court has preserved the legal relationship between the child and his/her biological father/mother;
• administration of an orphanage or other institution.

Alimony can be imposed on one parent not only after a divorce, but also if the child’s father and mother are married.

The Family Code of Ukraine does not say anything about the fact that in order to pay alimony, the child’s parents must be in an official marital relationship for some time. Even if the parents were in a civil marriage, but the father is listed on the child’s birth certificate, they have the right to demand child support payments from him. Parenthood can be recognized during the trial. If the court recognizes the husband as the father, he will have to pay alimony.

Family lawyer

Skryabina Darya Sergeevna

Candidate of Law

Hello! In this article I will tell you about the payment of child support, the collection of child support: from what income it is calculated, income from which child support is not paid, the procedure for paying child support, payment of child support after 18 years.

Collection of alimony: from what income are they calculated?

Alimony is withheld from all types of income (earnings) of the taxpayer. The Resolution of the Cabinet of Ministers of Ukraine dated 26.02.93 No. 146 approved the List of types of income taken into account when determining the amount of alimony. In accordance with this Resolution, alimony is withheld from employees from all types of earnings and additional remuneration for both their main job and part-time work.

In addition to the main and regular salary, alimony is withheld from other income, both in hryvnia and foreign currency. Among them:

• fees and other remuneration;
• allowances for degree or qualification;
• additional payments for hazardous and difficult working conditions;
• bonuses;
• vacation pay;
• provision for military personnel.

Child support is deducted from pensions and supplements, scholarships, disability payments, financial assistance and other state or private payments. Alimony is collected after taxes have been paid.

Income from which alimony is not paid

• temporary disability benefits for caring for a sick child under 14 years of age;
• severance pay upon dismissal;
• tax-free amounts of financial assistance;
• compensation to an employee for unused vacation, except in cases where, upon dismissal, the person receives compensation for vacation not used for several years;
• medical benefits;
• maternity benefits;
• compensation payments for business trips and transfer to work in another locality;
• the cost of vouchers to sanatoriums and rest homes provided at the expense of the enterprise;
• subsidies for lunches;
• compensation amounts paid for the depreciation of tools and wear and tear of clothing.

Child support payment procedure

There are several documents that may serve as grounds for alimony payments: writs of execution issued on the basis of a court decision on the collection of alimony or a court order, as well as voluntary agreements between parents.

Child support payments by agreement

• The agreement is the best option for establishing financial and legal relations between a father who does not live with the family and a child. It is designed to provide minimal protection for the child’s financial needs and to help the parent who bears the brunt of the burden of raising and supporting the child.
• The document has the force of a writ of execution.
• The agreement must be in writing, signed by both parents and certified by a notary. The mandatory clauses of the document include the method of monetary payment (monthly, quarterly, one-time), the amount, and the deadlines for each financial transfer in favor of the child.

Given the significant change in health, financial capabilities and family relations, it is possible to change the terms of the agreement by agreement. At the request of one of the parties, a new regulatory document may be signed.

Payment of child support by court order

• The judicial authority collects alimony at the request of one of the parties: the parent living with the child, or making payments on the basis of an agreement, but wishing to revise the terms.
• The procedure for paying alimony can be established by a writ of execution – a document establishing the obligation of the payer to pay alimony for the maintenance of a minor child.
• Another type of document that obligates the financial obligations of the father is a court order. It is issued by a judge alone on the basis of an application for the issuance of a court order for the collection of alimony by one of the parties for the collection of amounts or the recovery of movable property in the possession of the debtor (the payer of alimony). The document is drawn up according to the requirements reflected in the Civil Procedure Code of Ukraine.

An example

The law stipulates that an officially adopted child is equal in rights with a biological child. All legal obligations between parents and adopted children are established the same as with biological children. This concerns parental rights, inheritance rules and other issues. If after the adoption of a child the family breaks up, the parent with whom the adopted child remains may demand that the other pay alimony on a general basis. Their amount is established in accordance with the Family Code of Ukraine.

Methods of paying child support

The Family Code of Ukraine sets out the main methods of monetary payments for a child by means of an agreement:

• in shares of earnings or other types of income;
• in a fixed monetary amount with payment at certain intervals or in one lump sum;
• in a combination of the listed options.

The court also indicates one of these methods in its decision. Another form of payment may be provided – for example, with partial compensation in kind.

Alimony in parts of income (earnings) is usually assigned if the payer has a regular confirmed income.

A fixed amount with periodic payment is included in the agreement or court decision if the income of the alimony payer does not have a clearly established amount tied to a time period. For example, if the payer has seasonal earnings, irregularly receives fees for work done.

A one-time fixed amount is assigned under special circumstances (for example, before one of the parties leaves to live in another country) or by agreement. It can be combined with another method of monthly payment.

As alimony, one of the parties can provide certain property for use or possession to the other party.

The agreement may specify any other method of payment if it suits both parties.

Child support payment deadline

The date on which child support is to be paid is stated in the child support agreement or in the court order or judgment. Usually, child support from the father is paid monthly by bank or postal order.

• For late payment, if it was not agreed upon with the interested party, the latter may demand a fine or compensation for expenses other than the agreed amount.
• The period for an interested party to apply for alimony is not limited by the initial date of the emergence of such a right, but is limited by the child’s coming of age, i.e. reaching 18 years of age.

Child support payments are awarded from the moment of filing a claim with the court. You can collect alimony for the previous period, but not more than for the last 3 years.

Payment of child support for children under three years of age

For children under three years of age, alimony payments are calculated on a general basis, as provided for by the Family Code of Ukraine. However, a woman raising a child is usually unable to go to work and provide for herself independently. Therefore, the child’s mother can count on additional payments from the man for her own support until the child turns three years old. To do this, the woman must apply to the court with a claim for the recovery of alimony for the maintenance of the mother until the child reaches three years of age.

• The amount of alimony is determined by the financial and family status of the parties. It can be established by agreement or by a court decision.
• A woman who has a child under three years of age has the right to receive not only voluntary financial support from her ex-spouse, but also alimony payments by court order.
• The mother’s payments can be extended after this period, but only by agreement of the parties (by consent).

Payment of alimony after 18 years

According to the Family Code of Ukraine, the obligation to support a child is imposed on parents only until the child reaches 18 years of age. It is believed that an adult child can protect his or her interests, including financial ones. After the child turns 18, parents can provide financial support, but are not obliged to do so. There are exceptions to this rule.

• An able-bodied adult child who is temporarily unable to provide for himself through education may count on social payments in the form of alimony. To do this, it is necessary to apply to the court with a claim for the recovery of alimony for the maintenance of an adult child during the period of education.

It should be noted that parents are obliged to support their children until they reach twenty-three years of age, provided that they can provide financial assistance.

Responsibility for non-payment of alimony

If the payer has arrears in payments, he is liable in accordance with the Family Code of Ukraine in the form of a fine or other sanctions.

If alimony is regulated by an agreement, the debtor is liable for non-payment in accordance with the points specified therein. Therefore, when signing the document, it is advisable to set out the requirements that provide for action in the event of non-payment or delay. If the debtor does not comply with the proposed requirement for a long time, the interested party has the right to go to court with a claim for debt collection.

In the event of a delay in alimony payments proposed by the tribunal, the debtor is obliged to pay the debt and additionally a penalty. If the recipient has suffered any losses due to the delay, he has the right to recover it from the debtor through the court.

Family lawyer

Alexey Nikolaevich Skryabin

Doctor of Law

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