✅ Control over the expenses of alimony

Control over the expenditure of alimony in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: What should be done if the fact of misuse of alimony is revealed? How to file a claim for misuse of alimony? Who initiates the verification of the intended use of funds?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Control over the expenditure of alimony” 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.

Control of the guardianship and trusteeship body over the targeted spending of alimony in Ukraine

Control over the targeted spending of alimony is carried out by the guardianship and trusteeship body in the form of inspection visits to the recipient of alimony, the procedure and frequency of implementation of which are determined by the central executive authority that implements state policy in the field of adoption and protection of children’s rights.

At the request of the payer of alimony (except for those who have arrears in the payment of alimony), inspection visits of the recipient of alimony are carried out by the guardianship and trusteeship body unscheduled, but not more than once every three months.

Our lawyers advokat-skriabin.com are often asked the following questions: how to get rid of the payment of alimony, how to make the ex-wife report on the alimony of Ukraine, the ex-husband can demand a report on the alimony of Ukraine, the wife should be accountable for the alimony, how to oblige the court to report for the alimony, how to make an ex-wife accountable for alimony. In this article, we will consider the main aspects of solving these issues.

Statement of Claim on Misappropriation of Alimony in Ukraine

In case of misappropriation of alimony, the payer has the right to apply to the court with a claim to reduce the amount of alimony or to make part of the alimony to the child’s personal account at a branch of the State Savings Bank of Ukraine.

The Family Code specifies provisions on the implementation by the guardianship and trusteeship body of control over the targeted spending of alimony in the form of inspection visits to the recipient of alimony.

Alimony is the property of the child, therefore, the parent in whose name the alimony is paid is obliged to dispose of the alimony solely for its intended purpose in the interests of the child.

Control over the targeted spending of alimony in Ukraine

The procedure for exercising control over the targeted spending of funds for the maintenance of a child (alimony) by one of the parents or other legal representative of the child with whom she lives is determined by the order of the Ministry of Social Policy of Ukraine dated November 15, 2018 No. 1713 “On approval of the Procedure for exercising control for the targeted spending of alimony for a child ”, which provides that control over the targeted spending of alimony is carried out by the guardianship and guardianship authorities by conducting inspection visits to the recipient of the alimony.

The direct conduct of the inspection visit is entrusted to the service for children of the corresponding district, district in the cities of Kiev and Sevastopol state administration, the executive body of the city, district in the city (if formed) council, village, settlement council of the united territorial community at the place of residence of the recipient of alimony with the involvement of (if necessary) other officials of subjects of social work with families, children and youth (psychologist, social educator, social work specialist).

The procedure for monitoring the expenditure of alimony in Ukraine

The number of officials conducting an inspection visit cannot be less than two people (clause By order of the Ministry of Social Policy of Ukraine dated November 15, 2018 No. 1713 “On approval of the Procedure for exercising control over the targeted spending of child support by the guardianship authorities”).

Part 1 of Art. 186 of the Family Code provides that at the request of the payer of alimony (except for those who have arrears in the payment of alimony), inspection visits to the recipient of alimony are carried out by the guardianship and trusteeship body unscheduled, but not more than once every three months.

Grounds for conducting an inspection visit to the recipient of alimony in Ukraine

The basis for an inspection visit of the alimony recipient is an application of the alimony payer submitted to the regional, district in the cities of Kiev and Sevastopol, the state administration, the executive body of the city, district in the city (in case of its formation) council, village, settlement council of the united territorial community at the place of residence of the recipient child support or the appropriate child welfare service.

To confirm the payment of alimony, together with the application, the alimony payer must submit a calculation of the debt for the payment of alimony for the last 12 months, issued in accordance with 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, as well as information on place of residence of the recipient of alimony.

In case of repeated applications of the alimony payer with an application for an inspection visit within a year, the calculation of the debt for the payment of alimony for the period that has passed since the date of the previous inspection visit is submitted.

If child support is not paid by a court decision (by agreement between the parents of the child, an agreement between the parents on the payment of child support), the alimony payer provides copies of other documents confirming the payment of child support and their amount.

Alimony Arrears and Verification of Alimony Spending in Ukraine

The presence of arrears in the payment of alimony is the basis for the refusal of the alimony taxpayer to conduct an inspection visit to the recipient of alimony (clause 4 of the order of the Ministry of Social Policy of Ukraine “On approval of the Procedure for exercising control over the targeted spending of child support by the guardianship authorities”).

An inspection visit is carried out within 30 calendar days from the date of receipt of the alimony payer’s application.

The recipient of the alimony must be informed about the inspection visit by sending a registered letter with acknowledgment of receipt no later than 7 calendar days before the scheduled day of its carrying out, followed by agreement on the date and time of the visit by means of telephone and / or electronic communication (if possible).

Warning about the verification of the expenditure of alimony in Ukraine

In the recommended letter, the recipient of the alimony is warned of the administrative liability under Art. 188-50 of the Code of Ukraine on Administrative Offenses, for creating obstacles for them to conduct an inspection visit.

If there are objective circumstances that make it impossible to conduct an inspection visit, subject to their further confirmation by a copy of the relevant document:

• in connection with the illness of the child and / or the recipient of the alimony;
• the stay of him and / or the child on treatment in a health care institution;
• business trip;
• traveling with the child for health improvement and recreation, including abroad, etc.

The term of the inspection visit may be extended, but not more than up to 45 calendar days from the date of receipt of the application for its conduct.

If it is impossible to conduct an inspection visit within the prescribed time limit, the alimony payer is informed about this, indicating the reason why the inspection visit was not carried out. In this case, the alimony payer may reapply with an application for its implementation.

Checking the living conditions of the child and the intended use of alimony in Ukraine

During the inspection visit, a survey of the living conditions of the child is carried out in order to determine the level of satisfaction of his individual needs.

In this case, the amount of alimony paid for the child is taken into account (paragraphs 5-8 of the order of the Ministry of Social Policy of Ukraine “On approval of the Procedure for exercising control over the targeted spending of alimony for a child by the guardianship authorities”).

In accordance with clauses 9-11 of the order of the Ministry of Social Policy of Ukraine “On approval of the Procedure for the implementation by the guardianship authorities of control over the targeted spending of alimony for a child,” if the amount of alimony paid for a child does not exceed two living wages for a child of the corresponding age (for each child), the level of provision of the basic needs of the child is assessed.

Basic needs of the child, receives alimony in Ukraine

Basic needs of the child:

• provision of food;
• necessary medications if necessary;
• clothing and footwear for the season;
• toys and other means for the development and education of the child in accordance with his age.

If the amount of alimony is more than two subsistence minimum for a child of the corresponding age (for each child), confirmation of the targeted use of alimony for a child can be:

• the presence of places equipped with appropriate furniture and things for the child to sleep and rest;
• her development and training;
• premises for meals and sanitary and hygienic needs;
• sports equipment;
• musical instruments;
• the child’s attendance at training courses, circles and sections; opening a bank account in the name of the child;
• expenses for the rehabilitation and treatment of the child, the purchase of rehabilitation means, and the like.

When conducting an inspection visit, attention is paid to the child’s appearance, his general condition and well-being, other signs that may indicate an inadequate level of satisfaction of his individual needs, taking into account age, gender, health status, developmental characteristics (morbid appearance, inconsistency in weight and age child, abandonment, lack of food, etc.).

Participation of the child in the verification of the intended use of alimony in Ukraine

According to clause 12 of the order of the Ministry of Social Policy of Ukraine from “On Approval of the Procedure for the Implementation by the Guardianship and Trusteeship Bodies of Control over the Targeted Expenditure of Alimony for the Child”, if the child has reached such an age and level of development that he can express his opinion, the purpose of finding out the level of satisfaction of his individual needs, in particular in:

• nutrition;
• providing the necessary clothing;
• other things and means necessary for its proper care and development.

If, during the examination of the living conditions of the child, it was not possible to objectively find out the state of satisfaction of his individual needs, the child affairs service may apply with inquiries:

1. to educational institutions;
2. health care or social services in which the child receives appropriate services for health reasons (in particular, caused by the presence or absence of adequate nutrition, providing her with the necessary medicines if necessary, etc.);
3. the child has the accessories necessary for education and upbringing;
4. clothes according to age and season;
5. receiving, if necessary, social and other services, including paid;
6. to providers of housing and communal services according to the state of their payment at the place of residence of the child.

Documentary confirmation of targeted expenditure of alimony in Ukraine

According to clause 14 of the order of the Ministry of Social Policy of Ukraine “On Approval of the Procedure for the Implementation by the Guardianship and Trusteeship Bodies of Control over the Targeted Expenditure of Child Support”, the alimony recipient can provide documents to confirm the intended use of funds only at his own request and if available.

Such documents can be:

• checks;
• receipts;
• help and the like.

Also, solely at his own request, the recipient of alimony can provide a written explanation regarding the intended use of alimony, which is attached to the conclusion based on the results of the inspection visit.

Conclusion on the conduct of an audit on the expenditure of alimony in Ukraine

Within 5 working days after the inspection visit, a conclusion is drawn up based on the results of the inspection visit on the targeted spending of alimony for the child in the prescribed form, copies of which, certified in the prescribed manner, are sent by registered mail with notification of delivery to the taxpayer and the recipient of the alimony.

If a copy of the conclusion is not received by mail, the payer and the recipient of the alimony have the right to apply for its receipt to the child welfare service.

In the event of a repeated application of the alimony payer to conduct an inspection visit, such a visit shall be carried out no earlier than three months from the date of the previous inspection visit.

In case of revealing, according to the results of the inspection visit, signs that may indicate the inappropriate spending of alimony, the alimony payer in accordance with Art. 186 of the Family Code has the right to go to court with a claim to reduce the amount of alimony or to make part of the alimony to the child’s personal account at a branch of the State Savings Bank of Ukraine.

Reduction of the amount of alimony in case of misappropriation in Ukraine

A decrease in the amount of alimony, which is due to the inappropriate spending of alimony by the recipient of alimony, it is possible if the court establishes that the amount of alimony, contracted for the maintenance of the child, exceeds the amount of alimony that is necessary to ensure the child’s standard of living sufficient for his physical, intellectual, moral, cultural , spiritual and social development, and at the same time the rights of the child are not violated, in particular, his right to the minimum guaranteed amount of alimony is not violated.

As for making part of the alimony to the child’s personal account in the branch of the State Savings Bank of Ukraine, this provision of the legislator is aimed at ensuring the interests of the child, since alimony is the property of the child, the disposal of funds on the child’s personal account is carried out taking into account the provisions of the Civil Code on the legal capacity of an individual. in particular, according to Part 3 of Art. 32 of the Civil Code, a minor can dispose of funds contributed in whole or in part by other persons to a financial institution in her name, with the consent of the guardianship and guardianship authority and the parents (adoptive parents) or guardian.

Family Support Lawyer in Ukraine

For an effective solution to the case of control over the expenditure of alimony, you should contact professional family lawyers.

Family 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 controlling the expenditure of alimony.

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 solving a child support control case is to contact good family lawyers!

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Frequently asked questions to a lawyer in Ukraine

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