Debt for alimony can deprive of deferment from mobilization: what consequences await for non-payment
Martial law does not cancel or weaken the obligation of parents to support their children. Despite the difficult security situation, mobilization, and other challenges, the state has preserved all the main mechanisms for collecting alimony and even prioritized these payments over most other debt obligations. At the same time, certain features apply to specific categories of citizens, particularly servicemen and those liable for military service, which must be taken into account when fulfilling alimony obligations.
Despite all the challenges of wartime, the needs of children do not take a back seat. The state continues to protect their right to financial support and monitors the fulfillment of parental obligations to support their children regardless of circumstances related to the war.
There have been no regulatory relaxations or cancellations of the obligation to pay alimony in Ukraine. On the contrary, alimony was exempted from most general martial law restrictions that usually block the collection of other types of debts.
"Judicial and Legal Newspaper" analyzed the rules for paying alimony during martial law, whether they apply to servicemen, how the amount of payments is determined, and what consequences the accumulation of debt may have.
What features of alimony collection apply during martial law
At the same time, the procedure for collecting alimony has certain features related to the realities of wartime and the need to ensure the country's defense capability.
In particular, during the period of martial law, restrictions on the right to use certain types of weapons are temporarily not applied to alimony debtors. This exception was introduced so that citizens who have debt could perform tasks to defend the state as part of the Armed Forces of Ukraine or the Territorial Defense Forces.
However, these exceptions do not exempt a person from fulfilling parental duties and are not grounds for non-payment of alimony.
Do servicemen have to pay alimony
Being in military service does not exempt citizens from the obligation to support their children.
The same mechanisms for paying alimony apply to servicemen as to other citizens. Funds can be paid voluntarily, collected by court decision, or paid according to a notarized agreement between the parents.
If there is no debt, the enforcement document can be submitted directly to the institution or body that calculates and pays the income to the alimony payer.
In case of debt, collection is carried out through the state enforcement service or private executors who apply the legally prescribed measures for compulsory enforcement of decisions.
Additionally, alimony payments can be withheld from all components of the serviceman's regular monetary allowance that have a permanent nature and are taken into account when fulfilling alimony obligations.
Minimum alimony amount in 2026
Legislation provides two benchmarks for determining the amount of alimony — minimum guaranteed and recommended.
The minimum guaranteed alimony amount cannot be less than 50% of the subsistence minimum for a child of the corresponding age.
The recommended amount equals the full subsistence minimum and can be awarded by the court if the payer has sufficient income.
As of 2026, the subsistence minimum is:
- for children under 6 years old — 2817 UAH;
- for children aged 6 to 18 years — 3512 UAH.
How alimony debt is calculated without official income
If the alimony payer has no official job and does not receive confirmed income, and there are no documents confirming payments made, the debt is determined based on the average salary in the region of residence.
This mechanism is applied by the enforcement service to prevent evasion of the duty to support children.
Alimony debt can deprive the right to deferment from mobilization
Alimony debt can have consequences not only in enforcement proceedings but also affect a person's right to deferment from mobilization.
In particular, a person liable for military service who raises three or more children may lose the right to deferment if they fail to fulfill the alimony payment obligation for more than three months.
Information about such debt is transmitted to territorial recruitment and social support centers for consideration during mobilization decisions.
The right to deferment can be restored only after full repayment of the debt, which confirms proper fulfillment of parental obligations to support children.
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