Enforcement service and alimony cases

One of the key issues that many women face after a divorce is how the executive service calculates alimony? Under current Ukrainian law, parents are obliged to support their children until they reach the age of majority, and if they continue their studies at a higher education institution, until they are 23 years old. Unemployment, financial difficulties, and unwillingness to participate in the upbringing are not grounds for terminating the financial support of one of the parties, so it is useful to know about the specifics of the procedure for transferring funds to minor family members.

How the executive service calculates alimony

The parties can always enter into a voluntary agreement in which a certain amount will be approved. If this does not happen, based on a court decision on recovery, the order is enforced by the State Executive Service:

• enforcement documents can be presented during the entire period of the appointed payments;
• the decision is subject to immediate execution: no later than the next business day, the relevant proceedings must be opened;
• The state enforcement officer must notify the claimant and the debtor of the decision, the amount and the debt on the day the proceedings for the recovery of financial support are opened.

The date of commencement of payments is the date of filing a claim with the court. Regardless of the duration of the proceedings, certain amounts will be accrued for the entire period: the executive service calculates the total debt, and the debtor is notified of this. If reliable information is received about the debtor's additional income, a recalculation is made and a new proceeding is initiated.

The process of calculating alimony

According to Article 182 of the Family Code, the amount of payments should not be less than the minimum guaranteed amount - from 50% of the subsistence minimum, based on the child's age. If there is a permanent income, a certain percentage of it will be assigned. In 2024, the minimum is as follows:

• for a child under 6 years of age - UAH 1281.5;
• from 6 to 18 years old - 1598.

Payments for one child should be no more than 25% of total income, for two - one third, for three or more - half. The calculations may be affected by additional factors, including the presence of other children or the support of disabled family members, as well as the health status of both the child and the payer of material support.

In addition to the guaranteed amount of payments, there is a recommended amount. It is valid only if the payer's earnings allow him or her to pay amounts up to 10 subsistence minimums, taking into account all his or her income. The maximum amount of alimony:

• up to the age of six - UAH 25,630;
• from 6 to 18 years old - 31,960.

How long does it take for the executive service to transfer alimony? According to the established procedure, after the money is received on the deposit account of the state body, the transfer to the recipient must be made no later than the next business day. Amounts may be withheld from all of the debtor's income: wages, salaries, pensions, scholarships, and additional earnings, if any.

Documents required for accrual

If there is an enforcement proceeding, the claimant must submit an application containing the following information:

• account details for receiving funds;
• Full name of the claimant and details of the identity card.

Additionally, the data for the enforcement of financial support may be specified, including:

• information about the debtor's location;
• his income;
• bank accounts;
• place of work.

If a part of the amount has already been paid before the proceedings are initiated, a copy of the receipt must be provided.

How the executive service collects alimony

After the application, the state enforcement officer will make all the necessary calculations to determine the final debt and notify the debtor of them. Sometimes it may be necessary for the bailiff to go to court:

• in case of confirmed systematic payment evasion;
• in the absence of data on the debtor's location.

Then the alimony payer will be put on the wanted list, and if the total amount of the debt exceeds payments for 4 months, the possibility of traveling outside the country, driving vehicles, and hunting permits will be restricted.

Arrears of alimony

Even after the child reaches the age of majority, if payments have not been completed in full, the amount must be paid. How does the enforcement service collect alimony in case of arrears? The state enforcement officer may issue resolutions restricting the debtor's freedoms and imposing fines. It is also possible to foreclose on the payer's property.