About 600 thousand children in Ukraine after the divorce of their parents do not receive alimony. debt collection system of alimony payments in our country does not work effectively enough, believe in the Ministry of Justice, the Office therefore decided to introduce a number of innovations.
What will be the amount of support in 2018, as they seek and which threatens to non-payers, under the new law?
The amount of maintenance increased?
According to the amendments made to the legislation in the summer of last year, the size of alimony payments can not be less than 50% the subsistence minimum (earlier it was 30%) and is considered the property of the child, not the parent to whom they name paid.
Now also taken into account in the calculation of child support a number of individual circumstances:
- the health status of the child;
- health and financial situation of the maintenance payer;
- the presence of other children of the payer of alimony, persons in need of maintenance;
- financial position of the parent with whom the child resides.
How to start the process of collecting child support?
The obligation to pay maintenance does not depend on whether entered into or dissolved marriage. If the father or mother are written in certificate of birth, they are automatically required to pay child support.
The legal bases for this are:
- the application of the alimony payer, in which he voluntarily determines the size and term of its income alimony payments;
- an agreement on child support, drawn between the parents;
- the court's decision on the calculation of alimony.
On the basis of this maintenance contract awarded no later than the three-day period from the date set for the payment of wages, pensions, scholarships.
If the maintenance payer refuses to pay voluntarily, it binds to this Court.
What awaits defaulters alimony?
Innovation is the tightening of measures to debtors to pay alimony. Now according to the law at the non-payment of child support for six months they can apply administrative penalties in the form of community service from 120 to 240 hours. When evasion which the offender may be placed under arrest on the basis of: a day in jail for 15 hours backlog, but not more than 15 days.
Community service shall be imposed:
- persons with disabilities groups I and II;
- pregnant women;
- women older than 55 years;
- men older than 60 years.
Also, under the new law, if the duty to pay child support has exceeded the amount of payments for 6 months, the defaulters are threatened:
- a ban on travel abroad;
- a ban on the use of weapons (including air);
- ban on hunting;
- a ban on driving cars (exception provided for the military during mobilization and participants ATO if it is for them a way to earn money or cars used in connection with a disability).
In addition, in the case of occurrence of the debt due to the fault of the payer of alimony, maintenance payee is entitled to claim a penalty in 1% of the amount of unpaid child support for each day of delay, but the amount of the penalty shall not exceed 100% the size of the main debt.
Public Register of debtors to pay alimony: https://erb.minjust.gov.ua/#/search-debtors
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