What sanctions are provided for debtors who do not pay alimony?

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04.05.2023 21:30 648

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Photo of lorina200215 Lorina Fedan

The legislation of Ukraine provides for three types of liability for non-payment of alimony.

  1. Civil liability - penalty for non-payment of alimony.

In order to have grounds for filing a claim for penalty collection, the factor of fault on the part of the payer must be present. That is, if the debt arose due to circumstances independent of the latter (illness, accountant's mistake, actual inability to make payments due to other valid reasons), interest cannot be charged on it. If the fault of the payer is present, you can safely calculate the penalty for alimony and file a lawsuit for its recovery.

It is worth paying attention to the fact that in the case when alimony is provided on the basis of an alimony payment agreement and it does not expressly provide for responsibility for late fulfillment of the obligations assigned to the parties, i.e. providing alimony, a penalty cannot be collected.

Alimony arrears are subject to interest, the amount of which is 1% of the amount of unpaid funds for each day of delay.

  1. Administrative responsibility - socially useful works, restrictions on the right to travel outside Ukraine, the right to drive vehicles, use weapons and hunt, refusal and deprivation of the right to a subsidy.

  2. Criminal responsibility - punishment in the form of community service for a period of eighty to one hundred and twenty hours, arrest for a period of up to three months or restriction of freedom for a period of up to two years

Grounds for prosecution for non-payment of alimony:

  • the existence of the fact that the recipient of alimony has applied to the court with a claim for the collection of alimony, based on the results of which a court decision must be issued;

  • the existence of arrears for the payment of such funds in the amount that collectively make up the amount of payments for three months of the corresponding payments;

  • the malicious nature of evading the payment of alimony for the maintenance of children, which can be expressed in any actions of the debtor, which are aimed at non-compliance with the court decision (concealing income, changing the place of residence or place of work without notifying the state executive).

05.05.2023 14:59

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