The enforcement of alimony payments in Ukraine was hardly affected by the introduction of the state of war and continues to be carried out in a mandatory manner.
HOW ALIMONY PAYMENTS ARE ENFORCED DURING A STATE OF WAR
Firstly, court decisions on the enforcement of alimony payments can be obtained even during a state of war. To do so, an application for a court order or an action for maintenance payment must be filed with the court. It should be noted that the main disadvantage of enforcing maintenance payments by court order is the limitation of the amount of maintenance payments. In the case of an action, there is no limit to the amount of enforcement.
An important aspect of filing a lawsuit concerns the functioning of the courts in certain areas: A court may be destroyed, there may be active hostilities in its territory, or it may be located in temporarily occupied territory. In such cases, the jurisdiction of the court changes. Information on this can be found on the official website of the "Jurisdiction of Ukraine" on the pages of the relevant courts and the Supreme Court.
Secondly, the types of liability for debtors of alimony payments during the state of war remain in force and have not changed. The enforcers do not charge interest, but the debtor may apply to the court with an appropriate application. If the court decides to levy interest and issue an enforceable court order, this will be enforced by the enforcer.
The administrative and criminal sanctions also remain in force.
Third, the enforcement of child support payments for children of soldiers became a separate issue. No exceptions have been introduced for the enforcement of maintenance payments by soldiers during a state of war. They are obliged to ensure the maintenance of their children in the same way as everyone else.
Thus, the enforcement of maintenance payments of soldiers is based on general principles and applies to all types of monetary payments, except for temporary payments.
Fourthly, the issue of enforcement of alimony payments of persons who lost their jobs during the state of war has not changed either. Unemployed debtors are obliged to pay alimony based on the average wage of the inhabitants of the place where they live.
Fifthly, parents continue to have the right to conclude a maintenance agreement, which sets out all the conditions for the payment of maintenance and additional expenses for the child, as well as their amount, deadlines and procedures. Given the conditions of the state of war, such an agreement is particularly relevant for changes in the place of residence of parents and children.
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