CHARGES FOR ALIMENTS
The problem of systemic non-payment of alimony in 2018 alone was reflected in 600,000 Ukrainian children. Thus, in 2018, the implementation of a program started by the Ministry of Justice of Ukraine, entitled: “There are no alien children”, was started.
The implementation of the said program started after the entry into force of Law of Ukraine No. 7277, which established restrictions on the use of certain rights by the debtors, namely:
- restrictions on the right to drive a vehicle;
- the right to use firearms, hunting, air or cold weapons; restrictions on the right to hunt until the debt is fully paid;
- restrictions on the right to cross the border by the debtor.
In addition, a public register of alimony payers was introduced.
Part 3 of Art. 184 of the Criminal Code of Ukraine stipulates that one of the parents with whom the child resides, has the right to petition the court to claim alimony in the amount of 50% of the subsistence minimum for a child of the appropriate age.
Article 7 of the Law of Ukraine “On the State Budget for 2020” provides that children of the appropriate age are provided with an adequate living wage, namely:
for children under 6 years:
- January 1, 2020 – UAH 1779,
- from July 1 to 1859,
- from December 1 to 1921.
for children ages 6 to 18:
- January 1, 2020 – UAH 2218,
- from July 1 – UAH 2318,
- from December 1 – UAH 2395.
When calculating alimony by court, the health and financial status of the alimony payer, the presence of other children, the disability of the second spouse are taken into account first. The court also takes into account the presence in the right of ownership or use by the payer of alimony of property and property rights, in particular movable and immovable property, cash, exclusive intellectual property rights, corporate rights and circumstances of significant importance.
One of the parents, namely the one with whom the child resides, has the right to apply to the court with a claim for recovery, increase in the amount of alimony, payment of additional expenses for the child, for the recovery of penalties for late payment of alimony.
After the relevant court decision, the plaintiff, having received the writ of execution, can independently send it at the place of work of the debtor, as well as, submit the corresponding application together with the original of the writ of execution to the State or private executor.
It should be noted that at the appropriate application of the alimony payer, or on his own initiative, the Custodian has the right to carry out a review for the purposeful use of funds paid for child support.
Thus, the legislation provides the citizens of Ukraine with an effective mechanism to protect the right of minors to mandatory parental detention.
Author: Vladimir Pipko