Alimony during the war: over 187,000 proceedings and strict consequences for debtors

According to lawyer Anna Daniel, the head of the law firm "Anna Daniel", alimony is not just a financial amount, but a recognition of both parents' responsibility for her child, even after a relationship is broken. It is a guaranteed right of a little person to stability and normal life. "According to the requirements of Article 180-183 of the Family Code of Ukraine, parents are obliged to keep the child until he reaches the age of majority.

Methods of fulfilling the parents of the obligation to keep the child are determined by the agreement between them. The presence of debt actually deprives the military obligated to default on the child. Its maintenance in cash and (or) in kind, ”says the lawyer, adding that the minimum guaranteed amount of alimony per child may not be less than 50% of the subsistence minimum for the child of the appropriate age.

The legal mechanisms provided for in Ukrainian legislation are rigid and aimed at protecting the interests of the child. Debt increases daily. For each day of delay, a penalty of 1 % and penalties are provided, in particular: "It should also be remembered that the debtor's alimony may not be paid administrative and criminal liability," Yaroslav Anokhin's lawyer warns.

Depending on the duration of the debt, the contractor may impose a fine of 20% (for 1 year of debt), 30% (for 2 years) or 50% (for 3 years) on the amount of debt.

The existence of an alimony debt, the aggregate amount of which exceeds the amount of payments in 3 months makes it impossible to register a deferral from the call during mobilization on the basis of maintenance of 3 or more children If the total amount of debt exceeds payments in 4 months (for children with disabilities - for 3 months). Payments for 6 months, persons threaten socially useful work for a term of 120 to 200 hours.

In case of repeated violation, the period increases to 240-360 hours. Evidence from the payment of alimony, the debt for which exceeds payments for 3 months, is malicious evasion and is punishable in accordance with Article 164 of the Criminal Code of Ukraine. Sanctions include community service, probationary supervision or restraint of liberty.

"It should be remembered that the presence of arrears of payment of alimony, the aggregate amount of which exceeds the amount of payments in 3 months makes it impossible to register a deferral from the call during mobilization on the basis of the maintenance of 3 or more children,"-warns Yaroslav Anokhin.

Thus, according to Annex 5 of the Procedure for Call of Citizens for Military Service during the mobilization, for a special period approved by the Cabinet of Ministers of Ukraine of May 16, 2024 No. 560, the military must submit, together with the application for deferral, information from the Unified Register of Debtors on the absence of information on the register.

Therefore, the presence of arrears actually deprives the conscript right to defer on such a basis, since it does not properly maintain children. Lawyers note that in a situation with alimony it is important to maintain prudence and use all available legal instruments. If you are a recipient (CA) of alimony, then contact the executive service and act on the algorithm: lawyers are advised to even contact the police in the event of malicious evasion, initiate criminal proceedings.

In the presence of arrears of payment of alimony, the aggregate amount of which exceeds the amount of payments for 6 months (which is deducted from the date of submission of the executive document for enforcement) the debtor may be brought to administrative liability on the basis of Art.

183-1 of the Code of Administrative Offenses If you are a payer (this) alimony, first of all, do not ignore the requirements: as the lawyer Anna Daniel emphasizes, a real victory is not a court decision, but when a child feels that both parents take care of it. The solution depends not on policy or economy, but on adult responsibility. In the case of alimony debts, legal mechanisms are rigid, but there is also the way of arrangements.