✅ Collecting alimony for the past period and alimony arrears

Recovery of alimony for the past period and alimony arrears in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are very often asked the following questions: How to get rid of the payment of child support arrears? How to collect alimony arrears? Who Should Pay the Additional Costs for the Child?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Collecting alimony for the past period and alimony arrears” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Repayment of alimony arrears for the past period in Ukraine

Alimony can be recovered according to the writ of execution for the past time, but not more than ten years preceding the presentation of the writ of execution for execution.

If, according to the writ of execution presented for execution, the alimony was not collected in connection with the search for the alimony payer or in connection with his stay abroad, they must be paid for the entire elapsed time.

Debts for alimony, which are collected in accordance with Article 187 of the Family Code, are paid off at the request of the payer by deductions from his salary, pension, scholarship at the place of receipt, or collected by court decision.

The alimony arrears are collected regardless of the child’s attainment of the age of majority, and in the case provided for in Article 199 of the Family Code – until he reaches twenty-three years of age.

The term for which you can collect the alimony debt in Ukraine

It is noted that alimony can be recovered according to the writ of execution for the past time, but not more than ten years preceding the presentation of the writ of execution for execution.

The increase in the period for collecting alimony for the past period and alimony arrears under a writ of execution for the past time up to ten years preceding the presentation of a writ of execution for execution took place from August 28, 2018, when the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding creation of economic prerequisites for strengthening the protection of the child’s right to proper maintenance ”.

Paragraph 9, item 4, section XVI of the Instruction on the organization of enforcement of decisions, approved by order of the Ministry of Justice of Ukraine dated April 2, 2012 No. 512/5, provides that the collection of alimony under orders of execution for the past time is carried out within a ten-year period preceding the presentation of the writ of execution for execution.

Exemption of claimants of alimony for the past period from payment of an advance payment in Ukraine

According to par. 6 h. 2 tbsp. 26 of the Law of Ukraine “On Enforcement Proceedings” from the payment of an advance payment are exempted recoverers under decisions on the recovery of alimony, arrears in the payment of alimony, additional costs for the child, forfeit (penalty) for late payment of alimony, the amount of alimony indexation, establishing a date with a child or removing obstacles on a date with a child.

Part 2 of Art. 194 of the Family Code provides: if, according to the writ of execution, presented for execution, alimony was not collected in connection with the search for the alimony payer or in connection with his stay abroad, they must be paid for the entire elapsed time.

Our lawyers are often asked the following questions: how to reduce the alimony debt in Ukraine? How to write off alimony debt in Ukraine? What to do if there is a large alimony debt in Ukraine? In this article we will try to answer the question about the collection of alimony for the past period and alimony arrears.

Legal regulation of the collection of alimony for the past period in Ukraine

According to par. 10 p. 4 sec. XVI Instructions on the organization of compulsory execution of decisions, if the alimony was not withheld in connection with the search for the debtor according to the document submitted for execution, the alimony must be collected for the entire period, regardless of the established ten-year period and the attainment of the age of majority by the person for whose maintenance the alimony was awarded.

According to Part 3 of Art. 194 of the Family Code, alimony arrears, which are collected in accordance with Art. 187 of the Family Code on the initiative of the payer upon his application for the deduction of alimony at the place of work, place of payment of pension, scholarship, is paid off at the request of the payer by deductions from his salary, pension, scholarship at the place of their receipt, or collected by court decision.

Voluntary procedure for repayment of alimony arrears in Ukraine

The Family Code provides for both a voluntary procedure for the payment of alimony for the maintenance of a child at the request of the alimony payer, and a voluntary procedure at the request of the alimony payer to repay the alimony arrears that were collected on the basis of an application by the alimony payer.

To submit an application for the repayment of alimony arrears through deductions from wages, pensions, scholarships, it is enough to comply with the requirements for a simple written form of such an application submitted at the place of work, place of payment of the pension, scholarship of the alimony payer.

If the alimony payer did not voluntarily write such a statement, then the alimony debt is collected by court decision.

According to Part 4 of Art. 194 of the Family Code, the alimony debt is collected regardless of the child’s attainment of the age of majority, and in the case of the recovery of alimony for the maintenance of adult children who continue their education and therefore need financial assistance, the alimony debt is collected until the adult child reaches twenty-three years of age.

Judicial practice for the recovery of alimony for the past period in Ukraine

In judicial practice, there is such an approach when the courts refuse to satisfy claims for the recovery of alimony for the past period and alimony arrears, justifying their decision with reference to Part 3 of Art. 194 of the Family Code and noting that the debt can be collected only for alimony, which is collected in accordance with Art. 187 of the Family Code (that is, on the basis of an application submitted by one of the parents at the place of work, place of payment of pension, scholarship for deducting child support from his salary, pension, scholarship).

Therefore, they believe that the current legislation does not provide for such a method of protecting the rights of the claimant.

It should be noted that in judicial practice there is no unified approach in this regard, in particular regarding the application of the provisions of Art. 196 of the Family Code on the recovery of penalties for late payment of alimony to collect alimony to other persons, which are defined in the Family Code.

An example of solving a case on collecting alimony arrears in Ukraine

The decision of the High Specialized Court of Ukraine for the consideration of civil and criminal cases dated April 2, 2014 in civil case No. 6-6390sv14 states that: “In accordance with Part 1 of Art. 196 of the Family Code, if a debt arises through the fault of a person obliged to pay alimony by a court decision, the recipient of alimony has the right to recover a forfeit (penalty) in the amount of one percent of the amount of unpaid alimony for each day of delay.

This article is contained in Chapter 15 of the Family Code “The duty of the mother, father to support the child and its execution”, and then regulates the relationship regarding the payment of a penalty in case of delay in the payment of alimony specifically for the maintenance of the child.

That is, the specified legal norm cannot serve as a basis for collecting a penalty for late payment of alimony for the maintenance of the wife and does not regulate the disputed legal relationship of the parties in this case. ”

The opposite view is set out in the decision of the Court of Appeal of the Dnipropetrovsk region dated June 13, 2013 in civil case No. 435/11600/12, which states that: “The court, applying the requirements of Art. 196 of the Family Code, did not take into account the requirements of Art. 194 of the Family Code ….

The panel of judges agrees with the arguments of the appellant on the application by the court of the norms of Art. 194 of the Family Code. According to Part 5 of Art. 194 of the Family Code, the provisions of parts one – three of this article, as well as articles 195-197 of this Code, apply to the collection of alimony to other persons who are determined by this Code.

Therefore, the conclusion of the court that the norm of Art. 196 of the Family Code, contained in Chapter 15 of the Family Code, which provides for the obligation of the mother and father to support the child and its implementation refers to the child support arrears, and in Chapter 9 of the Family Code there is no rule of law that provides for liability for the child support arrears , with which a child under three years old lives, is unfounded. “

Collection of alimony debt from the heirs of the alimony payer in Ukraine

In judicial practice, there are claims for the recovery of alimony for the past period and alimony arrears from the heirs of the alimony payer.

Thus, the Civil Court of Cassation of the Supreme Court in its decision of March 21, 2018 in case No. 161/11 682/15-c noted that, within the meaning of Art. 194 of the Family Code, neither circumstance can relieve the debtor from repayment of the alimony debt. In the event of the death of the alimony payer, his heirs, at the expense of the existing assets of the estate, are obliged to pay off the child support debt.

The obligation of the payer of alimony to pay them after his death ceases as it is inextricably linked with his father’s personality and cannot be fulfilled by another person (Article 608 of the Civil Code).

Canceling the decision of the court of first instance and refusing to satisfy the claim for the recovery of alimony for the past period and the debt for alimony, the court of appeal proceeded from the provisions of Articles 608.1219 of the Civil Procedure Code, which regulate the legal relationship on the inheritance of the rights and obligations of the testator, in particular, necessarily ” communications for the payment of alimony “.

Since the subject of the dispute in this case is the collection of the testator’s debt, he had during his lifetime in the form of an alimony debt, and not his obligation to pay alimony, the appeal court’s references to these norms are groundless.

The court of first instance came to the correct conclusion about the existence of grounds for satisfying the claims to recover from the defendants who are the heirs of the property of the deceased PERSON_9, the alimony debt, however, in violation of Art. 1282 of the Civil Code did not establish the size of the portion of each of the heirs in the inheritance and did not check whether this size corresponds to their shares of the value of the property inherited by each of the heirs; did not check the ability of each of the defendants to satisfy the creditor’s claims in a lump sum, and therefore prematurely came to the conclusion that the claims were satisfied in terms of collection from PERSON_6 and PERSON_7 at 11054, 13 UAH from each.

In such circumstances, the decision of the courts of first instance and of the appellate instance regarding the collection of alimony arrears from the defendants shall be canceled.

Submission of a claim for the collection of alimony arrears under the rules of alternative jurisdiction in Ukraine

Questions arise and, if possible, a claim for the collection of alimony arrears under the rules of alternative jurisdiction.

According to Part 1 of Art. 28 of the Civil Procedure Code of Ukraine, claims for the recovery of alimony, payment of additional costs for the child, indexation of alimony, change in the method of collecting it, recognition of the defendant’s paternity, claims arising from labor relations may also be filed at the registered place of residence or stay of the plaintiff.

The decision of the High Specialized Court of Ukraine for the consideration of civil and criminal cases dated February 20, 2013 in case No. 6-24163sv12 determined that “in accordance with Part 1 of Art. 110 of the Civil Procedure Code of Ukraine as amended on 18.03.2004. Claims for the recovery of alimony, for the recognition of the defendant’s paternity, claims arising from labor relations may also be filed at the registered place of residence or stay of the plaintiff.

This article establishes cases of alternative jurisdiction, in which a claim, at the choice of the plaintiff, can be brought in one of two or more courts.

The court does not have the right to limit the choice of the plaintiff to consider the case in a particular court. In addition, this rule of law stipulates that claims for the recovery of alimony may also be filed at the registered place of residence of the plaintiff. ”

Family lawyer for the collection of alimony for the past period and alimony arrears in Ukraine

For an effective solution to the case for the recovery of alimony for the past period and alimony arrears, you should contact professional family lawyers.

Alimony lawyer:

• provide legal advice on family matters;
• will help to determine the best option for solving a family case;
• prepare all the necessary documents;
• accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of collecting alimony for the past period and alimony arrears.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in resolving alimony cases for the past period and alimony arrears is to contact good family lawyers!

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Frequently asked questions to a lawyer in Ukraine

Useful site materials advokat-skriabin.com:

1. Right to maintenance after divorce
2. From what moment the alimony is calculated
3. Responsibility for non-payment of alimony
4. Exemption from payment of alimony arrears
5. Application for adoption of a child
6. Court decision on adoption
7. Right to privacy of adoption
8. Cancellation of adoption
9. Deprivation of parental rights from the adoptive parent