Revocation of driver’s license for child support debts

Revocation of driver’s license for child support debts

Article 71 of the Law of Ukraine “On Enforcement Proceedings” stipulates that the state executor shall issue a reasoned resolution to establish a temporary restriction on the debtor’s right to drive vehicles if there is arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for four months.

The circle of people with debt increases every year, so this punishment is gaining popularity. According to the Law of Ukraine “On Enforcement Proceedings,” deprivation of the right to drive a vehicle in connection with the formation of debt after more than 4 months will be applied if the debtor does not voluntarily fulfill the following requirements contained in the enforcement document:

  • on the collection of alimony;
  • on compensation for harm caused to health, as well as harm in connection with the death of the breadwinner;
  • moral damage and/or property damage caused by the crime;
  • non-property requirements related to raising children;
  • on the collection of an administrative fine imposed for violating the procedure for using special rights.

Law on deprivation of rights for alimony debts

In accordance with the Law of Ukraine “On Enforcement Proceedings,” which came into force back in 2016, a citizen may be deprived of the right to drive a vehicle until the debt he has on his obligations is repaid.

This special right is usually understood as the ability of a citizen of Ukraine to drive vehicles. These include:

  • cars;
  • motorcycles, mopeds, ATVs, tricycles;
  • self-propelled vehicles;
  • air transport (airplanes, helicopters);
  • floating vehicles (sea vessels and inland water transport)

Such a restriction is imposed from an executive document (resolution) issued by the state executor. Cancellation of this penalty is possible only if the debt is fully repaid (including alimony) or if the driver falls into the category of persons exempt from this preventive measure.

A driver’s license can be deprived even for several debts of small amounts under different writs of execution, if in general their size, including penalties accrued on it, exceeds the amount established by law.

The state executive service is obliged to warn the debtor about the established restrictions on driving a vehicle. If there are no valid reasons for repaying the debt within the prescribed period, the driving ban comes into force.

The driver is considered notified even if:

  • refused to receive notification;
  • the notification was received, but the citizen did not appear at the post office;
  • the message was sent to the last known place of residence of the performer, but was not received;
  • if the notice is served on family members of the debtor with their consent.

The presence or absence of debt can be found out in person at the territorial department of the enforcement service.

Who is deprived of a driver’s license for non-payment of child support?

A government agency can impose restrictions on the use of a driver’s license.

Prosecution for non-payment of alimony by deprivation of a driver’s license is possible only if the legally established conditions are met:

  • forced collection of alimony, confirmed by a court order and/or a letter of execution, as well as the presence of violated enforcement proceedings;
  • alimony debt at the time of deprivation of rights is 4 months or more without payment of alimony, and there is no document on installment payments for obligations;
  • the debtor must be familiar with the resolution establishing a temporary restriction on the debtor’s right to drive vehicles, in the presence of arrears in the payment of alimony and on liability for its violation.

If at least one of these conditions is not met, deprivation of the right to drive a vehicle is impossible.

Terms of restriction of a driver’s license for alimony debts

Deprivation of a driver’s license for alimony debts is an additional measure of influence on the debtor. Initially, the citizen is given the opportunity to voluntarily repay debt on unpaid alimony. If the driver was notified but did not respond to the warning, additional enforcement measures are applied.

The period of seizure of the right to drive a vehicle depends entirely on the debtor, since all restrictions are lifted as soon as payment of the resulting debt is confirmed.

When a ban on driving a vehicle is imposed, the information is transferred to the National Police of Ukraine; the driver’s license is not confiscated, but it can only be used after the debt has been fully repaid.

Liability for violation of restrictions on the right to use a vehicle in case of non-payment of alimony

If the alimony debtor violates the temporary restriction established by law on the use of the special right to drive a vehicle, then, according to Article 126 of the Code of Administrative Offenses, he will face a fine in the amount of thirty non-taxable minimum incomes of citizens.

Who cannot have their driver’s license revoked for failure to pay child support?

According to the current legislation of Ukraine, there is a list of persons who are not subject to this measure of administrative punishment. These include citizens in whom:

  • if the establishment of such a restriction deprives the debtor of the main legal source of livelihood;
  • the debtor’s use of a vehicle due to disability or the debtor’s dependence on a person with a disability of group I, II, recognized in the prescribed manner, or a child with a disability;
  • the debtor undergoes compulsory military service, conscripted military service for officers, conscripted military service during mobilization, for a special period, or if the debtor undergoes military service and performs combat missions of military service in a combat situation or in the area of an anti-terrorist operation, implementation of measures for ensuring national security and defense, repelling and containing armed aggression of the Russian Federation in the Donetsk and Lugansk regions;

If at least one condition is present, deprivation of rights cannot be applied to the debtor.

How to get your driver’s license back after being deprived of it for child support debts

To restore the right to drive a vehicle, a citizen must:

  • fully pay the debt arising from the writ of execution;
  • send an application requesting a deferred payment or installment plan and receive a positive decision;
  • provide the state enforcement officer with evidence of circumstances that do not allow applying such a preventive measure to this person;
  • repay the debt under one or more writs of execution, if there are several documents.

Renewal of a driver’s license occurs no later than one business day from the moment confirmation of the possibility of lifting the restriction is provided.

To do this, it is necessary to submit to the state executor documents recording the fact of transfer of funds:

  • a receipt for the transfer to the plaintiff’s account, or a receipt for receipt of cash, which is drawn up in the presence of the executor;
  • a receipt for payment of alimony to the state budget, if the state previously reimbursed the debt to the plaintiff.

After checking the payment documents, the executor transmits the information to the police, and the former debtor is issued a resolution to lift the ban on driving the vehicle. To avoid misunderstandings, it is recommended to have this regulation with you when driving a vehicle.

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.

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

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

By contacting us, you are guaranteed to receive professional legal assistance in collecting 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 the collection of alimony, call or write to a lawyer and you will receive answers to all your questions.

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