Let us remind you that a month ago, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Compulsory Recovery of Arrears for Payment of Alimony" came into force on December 7, 2017, No. 2234-VIII.
Within the framework of the all-Ukrainian project of right education of the Ukrainian population "I have a right!" Minister of Justice of Ukraine Pavel Petrenko answered some questions about alimony, which are most frequently asked by Ukrainians on the website of the Ministry. Let's get acquainted with the legal information of the Minister of Justice in more detail.
"What is the procedure for paying alimony? How can you pay alimony in Ukraine? »
According to our belief, the best option for both parents and the child is an agreement between the adults who decide to live separately about the child's security. The current legislation gives them the right to independently determine all the key parameters. For this, the ex-spouses must enter into an agreement to pay child support. In its terms, it is necessary to prescribe a certain amount of alimony, terms of payment, and any other conditions. The document must be signed in writing and subject to the mandatory notarial certificate.
Having such documents in hands, in case of non-fulfillment by one of the parents of obligations assumed under the contract, the collection of maintenance is carried out not by a court decision, but on the basis of the executive inscription of the notary.
"What to do if no alimony is paid?"
Unfortunately, in many cases, the relationship between the former spouses does not allow them to find a common language, despite the fact that they are talking about the future of their common child. If for any reason the agreement can not be reached, the parent with whom the child lives has the right to apply to the court with the corresponding claim.
In this case, child support is awarded either as a fraction of the earnings, or in the form of a specific amount. The alimony determined by the court decision is paid monthly.
"In what court should a person apply for the payment of alimony? How to apply to the court, what documents should be collected for this? »
Cases on the recovery of alimony are reviewed by local courts in the context of civil proceedings.
The first option is to apply for a court order to pay alimony in the amount per child - a quarter of the income, for two children - one third of the income, for three and more children - half the earnings of the payer alimony.
You can also apply to the court with a statement on the issuance of a court order on the payment of alimony at the rate of 50% of the subsistence minimum for a child, which is set annually by the Cabinet.
The application shall be accompanied by documents and other evidence to support the validity of the claims for alimony payment.
In the event that the second spouse avoids paying alimony, it is possible to award them in court and, subsequently, their coercive enforcement.
Under the new rules, the exercise of the right to receive alimony in court will be carried out in two procedures:
1) the order of the order (now - in most cases);
2) in the procedure of legal proceedings.
Thus, in accordance with Article 161 of the Civil Procedural Code of Ukraine, the following requirements for the recovery of alimony are considered in the orderly order proceedings:
- for one child - 1/4, for two children - 1/3, for three and more children - 1/2 earnings (income) of the alimony payer, but not more than 10 subsistence minimum for each child;
- in a solid monetary amount - 50% of the subsistence minimum for a child of the corresponding age.
If the claim for the payment of alimony is requested in a solid monetary amount to a greater extent, or the requirement is related to the establishment or appeal of paternity (motherhood) and the need to involve other interested persons, then the right to receive alimony in the procedure of legal proceedings should be exercised.
The simplified order procedure provides for an expedited procedure for issuing a court order within a 5-day period without calling the participants to a court hearing. The court order serves as an enforceable instrument and is enforceable without the issuance of an executive letter.
The payment of the same alimony in the proceedings is in the form of a simplified lawsuit (Article 274 of the Civil Code of Ukraine), which provides for a long procedure for consideration and a court decision, for the enforcement of which it is necessary to receive an executive letter.
In order to exercise the right to receive alimony in the order, an application is filed for the issuance of a court order, in a lawsuit - a statement of claim. No obligation to inform the debtor about the intention to pay alimony on the court's decision.
"Are there any special conditions for the payment of alimony for unemployed, retired, military or entrepreneurs?"
Ukrainian laws do not set any special rules for any of the categories. Both civil servants, both military and private entrepreneurs, and pensioners pay alimony on the same grounds and in the same manner as all other citizens. Moreover, a court decision on the enforcement of alimony is binding and enforceable, regardless of whether whether the person is working or not. I want to emphasize that the unemployed should be paid the appropriate help, which is one type of income.
If the payer is unable to hold the child, temporary state aid is granted. The payment of this assistance is from the state budget. However, I do not advise the non-payers to hope for this norm, since the amount of the granted state child allowance is subject to collection from the payer in court.
"How can you influence those who do not want to provide their child?"
If the debtor voluntarily does not comply with the court's decision to recover alimony, you should contact the state executive service or a private executor. It is they who are obliged to enforce court decisions.
If the amount of the debt exceeds the amount of payments in three months, the executor can confiscate the debtor's property.
If, however, the debtor's debt exceeds the amount of 6 months, more rigorous means of influence are envisaged, envisaged by our newly initiated law 7277. According to its provisions, the state executor is required to pass a resolution:
- on the establishment of a temporary limitation of the debtor in the right of departure outside Ukraine;
- on the establishment of a temporary limitation of the debtor in the right of management of vehicles;
- on the establishment of a temporary limitation of the debtor in the right to use firearms hunting, pneumatic and cooled weapons;
- on the establishment of a temporary limitation of the debtor in the right to hunt.
All these restrictions will apply to the full repayment of arrears of alimony payment.
In addition, one of the parents who does not live with the child loses the opportunity to influence the decision on the temporary departure of a child outside Ukraine.
Also, for a non-payer, a new type of administrative penalty is introduced - socially useful works for the period from 120 to 240 hours, which the debtor will perform in time-free from work or study. The type of such work will be determined by local government bodies. At the same time, publicly useful works are not intended for persons recognized as invalids of group I or II, pregnant women, women over 55 and men over 60 years old.
In case of evasion of the offender from the performance of socially useful work by a court ruling (judge), the term of unexecuted socially useful works may be replaced by an administrative arrest. Then the term of arrest is determined on the basis that one day of arrest is equal to 15 hours of unfulfilled public works, but can not exceed 15 days. The payment for such work is directed towards the payment of arrears for payment of alimony.
"Can a non-payer institute criminal proceedings for non-payment of alimony?"
Article 164 of the Criminal Code of Ukraine provides for criminal liability for the avoidance of payment of alimony. Criminal liability includes the concealment of income, change of place of residence or place of work without notice of the state or private executor, which resulted in arrears in the amount of 3 months. To open a criminal proceeding should contact with a statement to the bodies of pre-trial investigation.
At the same time, I would like to draw attention to the fact that in case of non-payment of alimony for objective reasons, for example, the lack of income, it is impossible to attract the payer to criminal liability.
The Minister once again said that the Ministry of Justice has a separate public register of malicious non-payment of alimony, which is available both for journalists and for Ukrainian citizens. With this Register of Debtors, everyone can read without difficulty here: https://erb.minjust.gov.ua/#/search-debtors.
(translated using google translate)