✅ Exemption from payment of alimony arrears

Exemption from payment of alimony arrears

Relief from payment of alimony arrears in Ukraine

Our family lawyers are often asked the following questions: What are the grounds for exemption from payment of alimony arrears? How to collect alimony for the past time? How to pay off alimony arrears?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Relief from payment of 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.

Reasons for exemption from alimony arrears in Ukraine

Determination of the due date. Relief from payment of alimony arrears.

Taking into account the material and marital status of the alimony payer, the court may postpone or defer the payment of the alimony debt by installments.

At the claim of the alimony payer, the court may fully or partially release him from the payment of the alimony debt if it arose due to his serious illness or other circumstance that is of significant importance.

It is noted that, taking into account the financial and marital status of the alimony payer, the court may postpone or defer payment of the alimony debt.

The alimony debt arises if the alimony is not collected in favor of the claimant (the recipient of the alimony) in full or is not collected at all.

Part 1 of Art. 33 of the Law of Ukraine “On Enforcement Proceedings” provides that in the presence of circumstances that complicate the execution of the decision or those that make it impossible (illness of the party to enforcement proceedings, business trips of the party to enforcement proceedings, natural disaster, etc.), the parties have the right to apply to the court, which considered the case as a court of first instance, with an application for a postponement or installment plan for the execution of the decision. The decision on the installment plan is carried out in part and within the time frame established by this decision.

Deferral of payment of alimony arrears in Ukraine

Deferred payment of debt is when debt collection is postponed for a certain period (before the onset of some event, for example, receiving a fee) with an indication of a specific date.

Debt payment by installments is when debt collection is divided into several stages: monthly, quarterly with the determination of the amount for each stage (not necessarily in the same amount) to pay off the debt.

Our lawyers are often asked the following questions: what are the grounds for exemption from payment of alimony arrears? Sample statement of claim for relief from payment of alimony arrears? What is the procedure for collecting alimony for the past time and alimony arrears? In this article we will try to answer the most pressing questions in the field of exemption from payment of alimony arrears.

Consideration of a case on deferred payment of an alimony arrears in Ukraine

According to parts 1-5 of Art. 435 of the Civil Procedure Code, at the request of a party, the court considering the case as a court of first instance may postpone or extend the execution of the decision.

And at the request of the claimant or the executor (in cases established by law) – to establish or change the method or procedure for its execution.

An application for the establishment or change of the method or order of execution, postponement or deferral of the execution of the court decision shall be considered within ten days from the date of its receipt in the court session with the notification of the participants in the case.

Grounds for changing the method of execution, deferring the payment of alimony arrears in Ukraine

The basis for establishing or changing the method or procedure for the execution, postponement or payment by installments of the execution of a court decision of circumstances that significantly complicate the execution of the decision or make it impossible.

When deciding on the postponement or deferral of the execution of the court decision, the court also takes into account:

  • the degree of the defendant’s guilt in the occurrence of the dispute;
  • in relation to a natural person – a serious illness of himself or his family members, her financial situation;
  • natural disaster, other extraordinary events and the like.

Installments and deferrals for the execution of a court decision may not exceed one year from the date of such a decision, determination, or resolution.

Claim for exemption from payment of alimony arrears in Ukraine

The legislation provides that, upon the claim of the alimony payer, the court may fully or partially release him from the payment of the alimony debt if it arose due to his serious illness or other circumstance, which is of significant importance.

It should be noted that the concept of “serious illness”, “other circumstance, is of significant importance” are evaluative concepts in family law, which are assessed by the court in a specific life situation, taking into account the interests of the child for whose maintenance alimony is being collected, when the court considers the case on the dismissal of the payer alimony from the payment of the alimony arrears, if the alimony arrears arose due to his serious illness or other circumstance, which is of significant importance.

Family Alimony Waiver Lawyer in Ukraine

For an effective solution to the case of release from the payment of 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!

Contacting us is a way to save time and money in resolving the issue of exemption from payment of 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 solving a child support case is to turn to good family lawyers!

If the article “Relief from payment of alimony arrears” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding the release from payment of alimony arrears.

Frequently asked questions to a lawyer in Ukraine

☝ What is the term for the payment of alimony in case of their installment plan or deferral?
☝ In what case can the court fully or partially release from payment of the alimony debt?
☝ What does the court take into account when deciding on the release from payment of alimony arrears?

Useful site materials advokat-skriabin.com:

  1. Right to maintenance after divorce
  2. From what moment the alimony is calculated
  3. Collecting alimony for the past period and alimony arrears
  4. Responsibility for non-payment of alimony
  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
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ADVEGO

alimony 39 4.67
debt 33 3.95
alimony arrears 28 3.35 / 6.71
payment 25 2.99
payment of arrears 24 2.87 / 5.75
payment of alimony arrears 22 2.63 / 7.90
exemption 16 1.92
family 16 1.92
payment exemption 15 1.80 / 3.59
solution 15 1.80
debt relief 14 1.68 / 5.03
release of payment of alimony arrears 14 1.68 / 6.71
version 12 1.44
it is 11 1.32
lawyer 10 1.20
court 10 1.20
deferral 9 1.08
may 7 0.84
installment plan 7 0.84
deferred payment by installments 7 0.84 / 2.51
family lawyers 7 0.84 / 1.68
question 6 0.72
circumstance 6 0.72
judicial 6 0.72
disease 5 0.60
statement 5 0.60
significant circumstance 5 0.60 / 1.20
deferral of payment of alimony arrears 5 0.60 / 2.40
payer 5 0.60
alimony payer 5 0.60 / 1.20
installments deferral 5 0.60 / 1.20
method 5 0.60
substantial 5 0.60
heavy 5 0.60

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SKRIABIN
☝ What is the term for the payment of alimony in case of their installment plan or deferral?
✅ Installments and deferrals for the execution of a court decision cannot exceed one year from the adoption of such a decision, determination, or resolution.
☝ In what case can the court fully or partially release from payment of the alimony debt?
✅ The court can fully or partially release from payment of the alimony debt if the payer has significant circumstances in connection with a serious illness or other situations that are important for the court.
☝ What does the court take into account when deciding on the release from payment of alimony arrears?
✅ The court takes into account the state of health, financial and marital status.