Up to 240 hours of community service or restriction of liberty: what threatens alimony debtors
Ensuring the welfare of the child is one of the main duties of parents. Ukrainian legislation provides responsibility for those who evade the obligation to support their children.
The Ministry of Justice notes that in case of arrears, the debtor may face civil, administrative, or criminal liability. Non-payment of alimony is considered a serious offense, for which a system of sanctions is provided — from financial penalties and restrictions to criminal punishment.
According to part 11 of article 71 of the Law of Ukraine "On Enforcement Proceedings," if the total amount of alimony arrears exceeds the amount of payments for three months, the state or private executor explains to the claimant the right to apply to pre-trial investigation bodies with a statement about the commission of a criminal offense.
Article 164 of the Criminal Code of Ukraine provides liability for malicious evasion of alimony payments for child support, as well as for malicious evasion by parents of supporting minor or incapacitated children who are under their care.
For such an offense, punishment is provided in the form of community service for a period of 80 to 120 hours, probation supervision, or restriction of liberty for up to two years.
If the person has already been convicted of a similar offense, the punishment may be from 120 to 240 hours of community service, probation supervision for two to three years, or restriction of liberty for two to three years.
A note to article 164 of the Criminal Code states that malicious evasion of alimony payments includes any actions by the debtor aimed at non-fulfillment of a court decision. These include hiding income, changing residence without notifying the state or private executor, changing place of work without notifying the executor, as well as other actions that led to arrears of at least three months' payments.
At the same time, criminal proceedings under article 164 of the Criminal Code of Ukraine are conducted in the form of private prosecution. This means that an investigator, inquirer, or prosecutor can initiate proceedings only based on a statement from the injured party.
To start criminal proceedings, the person whose rights have been violated must apply to the National Police with a statement or report about the commission of a criminal offense.
The Ministry of Justice emphasizes that protecting the child's right to proper financial support is one of the state's priorities, and evasion of alimony payments may cause the debtor not only financial and administrative but also criminal-legal consequences.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.
