Alimony for combat payments. Recovery of alimony from a soldier

The legislation of Ukraine provides for the most important duty of parents - this is the financial maintenance of their minor children, which consists in the receipt by the child of certain material benefits that affect his upbringing and development. In connection with the conduct of hostilities in Ukraine, many men were drafted into the Armed Forces of Ukraine to protect the territories and statehood of the country as a whole. However, many of them were in arrears in alimony, separated from their wives during their service, and now receive combat payments and additional rewards. In this context, it becomes necessary to understand how to collect alimony from military personnel in 2023 during hostilities.

What is the procedure for collecting alimony from military personnel in 2023?

Today, this part of the legislation does not contain significant changes, but remains the same as it was before the war period, namely:

• on a voluntary basis;
• by force (judicial);
• by concluding an agreement between the former spouses, which provides for the amount, terms and period during which alimony is paid to a minor child.

From what income of military personnel can alimony be collected?

Men serving in the Armed Forces of Ukraine receive the following types of income:

• monthly payment of wages;
• monthly additional remuneration established for the period of martial law in the country;
• one-time additional remuneration (combat payments).

Despite the types of income of the military, previously changes made to the legislation, alimony was levied only from wages.

However, from 2022, the Cabinet of Ministers also provided that funds that have not only signs of a permanent nature, but also of a temporary nature (one-time payments or so-called combat payments) are subject to being able to withhold alimony from them.

What is the amount of child support payments in 2023?

As a general rule, the amount of alimony paid is determined by the court based on the number of children the former spouses have.

So, if a family has one child, then an amount in the amount of 1/4 of the military income is subject to collection for alimony; if 2 children - 1/3; if 3 children or more, then - 1/2.

However, it should be remembered that in this case, the total income of the alimony payer should not be less than 50%.

What is the minimum child support amount in 2023?

The minimum amount of alimony is calculated in accordance with the established subsistence minimum for a child in the current year. So, in 2023, the recommended amount of alimony for one child is (100% of the subsistence minimum):

• Children under 6 years old - 2272 UAH;
• Children from 6-18 years old - 2833 UAH;
• Children from 18-23 years old - 2684 UAH;

However, the guaranteed amount in accordance with the law is 50% of the subsistence minimum.

If you need help in collecting alimony from military personnel, please contact the law firm Prikhodko and Partners. Our team has extensive experience in this area and can provide you with all the necessary legal support, which consists of: consultations, preparation of statements of claim, negotiation and assistance in resolving all related issues of collecting alimony. Therefore, by contacting us, you can get qualified assistance, which you will be satisfied with!