Alimony for combat payments. Recovery of alimony from a soldier

The issue of collecting alimony from military personnel, in particular from their combat payments, is extremely relevant under martial law.  

In practice, disputes often arise about what types of financial support can be withheld and whether additional remuneration for participation in hostilities is subject to such collection.  

Monetary support of a serviceman as a basis for alimony  

Monetary support for military personnel consists of:  

• official salary;  
• salary according to military rank;  
• allowances and additional payments (for length of service, conditions of service, etc.);  
• bonuses;  
• additional rewards, including for participation in hostilities.  

According to the List of types of income from which alimony is withheld, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 146 of 26.02.1993, alimony is withheld from all types of financial support of military personnel, which are of a regular or systematic nature.  

Is alimony withheld from combat payments?  

Thus, alimony obligations also apply to combat payments, if they are included in the monetary support and are paid to the serviceman officially.  

Such payments, from which alimony can be collected, include:  

• additional remuneration established by the resolutions of the Cabinet of Ministers of Ukraine (in particular, monthly remuneration for participation in hostilities);  
• other allowances and surcharges paid through the financial bodies of military units.  

Judicial practice proceeds from the fact that these payments are the income of a serviceman, and therefore are subject to consideration when determining the amount of alimony, unless otherwise expressly provided by law.  

Payments from which alimony is not withheld  

At the same time, alimony is not charged from:  

• one-time financial assistance in case of injury, contusion or mutilation;  
• one-time assistance to the family of a deceased serviceman;  
• compensation payments that are targeted and are not income within the meaning of the law.  

Such payments are aimed at compensation for damage or are of a social nature, and therefore cannot be the object of alimony collection.  

The procedure for collecting alimony from a serviceman  

After the entry into force of a court decision or court order:  

1. The enforcement document is submitted to the body of the state or private enforcement service.  
2. The executor sends a resolution on the enforcement of the debtor's income to the military unit or the relevant financial body.  
3. Alimony is withheld by the accounting department of the military unit on a monthly basis from all amounts of income due to be paid.  

Features during martial law  

The military service does not cancel or suspend the obligation to pay alimony. On the contrary, if there is a debt to a serviceman, all enforcement measures provided for by law, including restrictions and penalties, can be applied.  

Courts are also increasingly determining alimony as a share of income, which allows you to automatically take into account changes in the amount of financial support, including combat payments.  

Alimony from combat payments of a serviceman is collected on a general basis, since such payments are a component of his monetary support and are recognized as income. The only exceptions are one-time and compensatory payments of a social nature.  

Participation in hostilities does not exempt from the obligation to support children, and the state provides mechanisms for the real implementation of alimony decisions even under martial law.