Payment of alimony

Payment of child support

Alimony is a sum of money paid for the maintenance or support of a specific person. Chapters 15-16 of the Family Code of Ukraine establish a procedure according to which minors or adult children have the right to financial assistance, but no 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 jointly support him. They must agree on the procedure for monetary allowance for minor children and enter into an agreement on this. If it is impossible to reach 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 have the right to collect child support payments:

  • one of the parents (blood, adoptive) or guardians;
  • an adoptive parent, if the court has preserved the legal relationship between the child and his natural 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 father and mother of the child are married.

The Family Code of Ukraine does not say anything 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, you have the right to demand payments from him for child support. Parenthood can be recognized during legal proceedings. If the court recognizes the husband as the father, he will have to pay alimony.

Collection of alimony: on what income is it calculated?

Withholding of alimony occurs for all types of income (earnings) of the taxpayer. Resolution of the Cabinet of Ministers of Ukraine dated February 26, 1993 No. 146 approved the List of types of income taken into account when determining the amount of alimony. In accordance with this Resolution, alimony payments from employees are made from all types of earnings and additional remuneration both for the main job and for part-time work.

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

  • fees and other remuneration;
  • premiums for degrees or qualifications;
  • additional payments for harmfulness and difficult working conditions;
  • bonuses;
  • vacation pay;
  • provision of military personnel.

Financial deductions for the child are made from pensions and additional payments to them, scholarships, disability payments, financial assistance and other public or private payments. Alimony is collected after taxes.

Income from which alimony is not paid

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

Procedure for paying child support

There are several documents that can form the basis for alimony payments: letters of execution issued on the basis of a court decision to collect alimony or a court order, as well as voluntary agreements between parents.

Child support payments by agreement

  • An agreement is the best option for establishing material and monetary legal relations between a father who does not live with the family and a child. It is designed to minimally protect children’s financial needs and help those parents who bear the brunt of upbringing and maintenance.
  • 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. Mandatory points of the document include the method of cash payment (monthly, quarterly, lump sum), amount, deadlines for each financial transfer in favor of the child.

Taking into account significant changes in health status, financial capabilities and family relationships, it is possible to change the terms of the agreement by agreement. At the request of one of the parties, a new regulatory document can be signed.

Payment of child support by court decision

  • 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 reconsider the conditions.
  • The procedure for paying alimony may be established by a letter of execution – a document establishing the payer’s obligation to pay alimony for the maintenance of a minor child.
  • Another version of the document obliging the father’s financial obligations is a court order. It is issued by a single judge on the basis of an application for the issuance of a court order for the collection of alimony by one of the parties to collect amounts or claim movable property in the possession of the debtor (the alimony payer). The document is drawn up according to the requirements reflected in the Civil Procedure Code of Ukraine.

Example

The law stipulates that an officially adopted child has equal rights with a natural child. All legal obligations between parents and adopted children are the same as with natural children. This applies to 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 parent pay child support on a general basis. Their size 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 cash payments for a child through an agreement:

  • in shares of earnings or other type of income;
  • in a fixed amount of money with payment at certain intervals or in a lump sum;
  • in a combination of the above options.

The court in its decision also points to one of these methods. 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 regular confirmed earnings.

A fixed amount with periodic payments is included in an agreement or a court decision if the income of the alimony payer does not have a clearly established amount in relation to the time period. For example, if the payer has seasonal earnings, he receives irregular fees for the 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 monthly payment method.

As alimony, one of the parties may provide certain property for the use or possession of 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 must be paid is specified in the child support agreement or in the court order or judgment. Typically, child benefit from the father is paid monthly through a bank or by postal order.

  • For late payment, if it has not been 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 person to apply for alimony is not limited by the initial date of emergence of such a right, but is limited by the child’s coming of age, that is, when he reaches 18 years of age.

Child support payments are awarded from the moment the child is filed with the court. You can collect alimony for the previous period, but no more than for the last 3 years.

Payment of child support for a child 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 not able to go to work and support 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 needs to go to court with a statement of claim to collect alimony for the maintenance of the mother until the child reaches the age of three.

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

Payment of child support after 18 years of age

According to the Family Code of Ukraine, obligations to support a child are imposed on parents only until they reach their 18th birthday. It is believed that an adult child can protect his own interests, including financial ones. After the child turns 18, parents can provide financial support, but are not required to do so. There are exceptions to this rule.

  • An able-bodied adult child who is temporarily unable to support himself through education can count on social payments in the form of alimony. To do this, you need to apply to the court with a statement of claim to collect alimony for the maintenance of an adult child during the period of study.

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 held 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 responsible for non-payment in accordance with the points specified in it. Therefore, when signing a document, it is advisable to set out requirements that provide 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 file a claim in court to collect the debt.

If there is a delay in alimony payments proposed by the tribunal, the debtor is obliged to pay the debt and an additional penalty. If the recipient suffers any losses due to the delay, he has the right to recover them from the debtor through the court.

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