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FAILURE TO PAY ALIMENTS. WHAT ARE THE PROTECTION MECHANISMS?

 After the dissolution of the marriage, the question arises before the mother: What about the alimony?». In practice, several scenarios for the development of events were formed: first, I don’t need anything from my ex-spouse», second: I will agree to his voluntary payments for the child and third, how to oblige him to pay alimony?.

The first option is not entirely clear what the mother is guided by when she voluntarily deprives her child of the legal right to his personal, even the most minimal, support on the part of the father?

In the second case, we do not recommend letting things go by themselves and hope for voluntary payments from the father. They usually last until the former spouse has a new family, after which the frequency of such payments, and soon their size, gradually decreases and is reduced to nothing. Therefore, if the former spouses have peacefully agreed to pay alimony, we recommend that you still go to a notary and secure the agreement on paper. The law provides for a notarial agreement, which determines the procedure and method for paying alimony, fixes the amount and dates of such payments. In the absence of payments under the contract, a notary’s executive inscription is carried out, which, in fact, is an executive document. In addition, each payment under the contract must be confirmed by a receipt, and in extreme cases – by a receipt.

And the third option is the most interesting. How to oblige the child’s father to pay child support?

 To begin with, the mother of the child needs to go to court for the recovery of alimony. Together with the application to the court, you must provide:

  • passport data;
  • individual tax number;
  • marriage certificate;
  • divorce certificate or decision;
  • birth certificates of children;
  • evidence of the child’s costs and the defendant’s income if possible.

 After receiving the court’s decision, you need to contact the executive service to open enforcement proceedings. For evasion of payment, the debtor can be subject to measures such as the seizure of property, a temporary ban on traveling abroad, a temporary ban on driving, hunting, using a weapon, arrest, community service and even restriction of freedom.

 It is not uncommon for a parent to evade even compulsory payment, hide his income or hide himself, property and funds for payments are absent. In this case, you should contact the police with a statement of a crime under Article 164 of the Criminal Code of Ukraine – evasion of paying child support. As a rule, representatives of law enforcement agencies do not open a case, citing the absence of corpus delicti. In this case, within 10 days after filing the application, you need to file a complaint with the local court about the inaction of law enforcement agencies and oblige the court to open the case. The debtor may be punished by community service for a term of 80 to 240 hours by a court verdict, or arrest for a term of 3 to 6 months, or restraint of liberty for a term of 2 to 3 years.

 As a rule, this is a working mechanism, since debtors do not want to be sentenced by a court and have a criminal record, and therefore find money and pay off the debt. Therefore, you should not give up and give up in such matters.

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