Amount, methods of enforcement, and penalties for non-payment: the Ministry of Justice clarified issues regarding alimony

The Ministry of Justice of Ukraine answered five of the most common questions about methods of alimony enforcement, determining payment amounts, and liability for arrears.

What is the minimum and maximum amount of alimony?

The minimum guaranteed amount of alimony for one child is at least 50% of the subsistence minimum for a child of the corresponding age. Currently, this is 1408.50 UAH for a child under 6 years old and 1756 UAH for a child aged 6 to 18 years.

When alimony is collected as a share of income under the order proceedings, its amount cannot exceed ten subsistence minimums for a child of the corresponding age for each child.

The minimum recommended amount of alimony is 100% of the subsistence minimum for a child of the corresponding age — 2817 UAH for children under 6 years and 3512 UAH for children from 6 to 18 years.

Payments can be determined not only as a fixed monetary amount but also as a share of earnings (income) — 1/4 for one child, 1/3 for two children, 1/2 for three or more. In lawsuit proceedings, the court determines the income share considering the circumstances of the specific case.

Can the amount of alimony be changed?

Yes. The law allows increasing or decreasing the amount of alimony if there are significant changes in the financial situation and family circumstances of the payer or recipient of alimony, as well as in the real needs of the child.

This can be done both when the alimony amount is established by a court decision and when this amount is determined as a result of an agreement between the parents in a notarized contract.

In the first case, changing the alimony amount is possible only by applying to the court and providing evidence of circumstances that justify reviewing this amount.

In the second case, changes are possible both through court proceedings and voluntarily — by concluding a separate agreement that provides for increasing or decreasing the alimony amount. After signing by the parties, such an agreement must be notarized.

Until what age is alimony paid?

As a general rule, alimony is paid until the child reaches 18 years of age. However, if an adult child continues education and needs financial support, parents may be obliged to support them until 23 years old, provided they have such an opportunity.

According to Article 182 of the Family Code of Ukraine, the court determines the amount of alimony for adult children considering the following circumstances:

- the health and financial situation of the child;

- the health and financial situation of the alimony payer;

- the presence of other children, incapacitated spouse, parents, daughter, or son of the alimony payer;

- other circumstances of significant importance.

Is it possible to collect alimony without going to court?

Yes. Parents can voluntarily conclude an alimony payment agreement. Such an agreement must be notarized, specifying the amount, terms, and method of payment, and it has the force of an enforcement document.

If the notarized agreement is not fulfilled, there is no need to go to court. The alimony recipient can apply to the notary for enforcement inscription, after which they can submit this enforcement document to a state or private executor.

Alimony can also be paid based on an oral agreement between parents without any documentary formalization. However, an oral agreement is not an independent enforcement document, does not allow immediate recourse to an executor, and may complicate proving the agreed amount and payment terms.

What penalties are provided for evading alimony payments?

Non-payment of alimony in Ukraine entails comprehensive liability: from enforcement measures and temporary restrictions on rights to administrative and criminal responsibility.

Arrears in alimony payments exceeding the amount of payments for four months may result in restrictions on the debtor’s right to travel abroad, drive vehicles, use weapons, and hunt.

Moreover, if the arrears exceed the amount of payments for three months, information about the alimony payer is entered into the Unified Register of Debtors, which entails restrictions on property alienation and blocking of bank accounts.

If arrears exceed six months, the debtor may be subjected to community service. Payment for community service is transferred to the account of the state enforcement service and directed to repay alimony arrears.

Financial sanctions also apply to alimony defaulters. If the total arrears exceed the amount of payments for one year, the executor imposes a fine of 20% of the debt; for two years — 30%; for three years — 50%.

For malicious evasion of alimony payments, Article 164 of the Criminal Code of Ukraine provides for punishment in the form of community service (from 80 to 120 hours) or probation supervision (up to 2 years), or restriction of liberty (up to 2 years). In case of repeated conviction under this article — community service (120–240 hours) or probation supervision (from 2 to 3 years), or restriction of liberty for the same term.

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