A friend's ex-husband died without paying any...?

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... alimony, leaving arrears. What are her next steps?

07.06.2023 19:56 550

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Photo of sikorsky.y.o Yaroslav Sikorsky

In accordance with the position set out in the Supreme Court's ruling dated 03/21/2018 in case No. 161/11682/15-ts pursuant to Article 194 of the Family Code of Ukraine no circumstance can exempt the debtor from repayment of alimony arrears.

In the event of the death of the alimony payer, his heirs are obliged to repay the child alimony arrears at the expense of the available assets of the estate.

It is possible to demand from the heir the payment of alimony debt that was due to the testator, however, it is worth noting that the responsibility for reimbursement of penalties, 3% annual and inflationary costs for late payment of alimony rests with the debtor and is not included in the inheritance. In this regard, there are no legal grounds for collecting such fines from the debtor's heir.

07.06.2023 22:49

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