Is it necessary to pay alimony if officially unemployed: what the law provides

The absence of official employment does not exempt one of the parents from the obligation to support the child. Even if the alimony payer is registered as unemployed or has no official income at all, alimony continues to be calculated according to the rules established by law. In addition, prolonged non-payment may result in restrictions on traveling abroad, driving a car, property seizure, and in some cases – even criminal liability.

Unemployment does not exempt from paying alimony

The presence or absence of an official job does not affect the obligation of parents to financially support their minor child. Therefore, losing a job or a principled unwillingness to get employed is not a reason to stop or avoid paying alimony.

If a person is officially registered as unemployed, alimony can be withheld from state unemployment benefits. This rule also applies to those payers who received unemployed status after the court decision on alimony collection came into legal force.

In such a case, after receiving information about the debtor's registration at the employment center, the state executor enforces collection from the assigned unemployment benefits.

How alimony is calculated if there is no job and no unemployment benefits

If the alimony payer has no job and does not receive unemployment benefits, the payments are calculated based on the average salary determined by the state statistics authorities for the region where the payer is registered.

At the same time, the legally guaranteed minimum amount of alimony does not depend on whether the person is employed. It cannot be less than 50% of the subsistence minimum for a child of the corresponding age.

If the payer receives unofficial income, the court may set alimony as a fixed monetary amount.

How to regulate the issue of alimony payment

The law allows parents to independently determine the order of child support by concluding a notarized agreement. In it, the parties can establish the amount of alimony, the procedure, and the terms of payment.

If one of the parents evades fulfilling their obligation, citing lack of work, the issue is resolved in court.

During the case consideration, the court determines the amount of alimony that should ensure an adequate level of support and harmonious development of the child. The court takes into account not only the official income of the payer but also their actual financial situation.

The Ministry of Justice notes: if a person makes significant expenses but cannot confirm the source of funds, the court may also consider these circumstances when determining the amount of alimony.

What to do after the court decision

After the court decision comes into legal force, the claimant must apply to the state executive service to open enforcement proceedings and forcibly collect alimony.

In case of accumulated debt, state executors apply temporary restrictions provided by law. In particular, possible measures include:

• entry of the debtor's information into the Unified Register of Debtors;
• temporary restriction of the right to leave Ukraine;
• seizure of bank accounts and property;
• temporary restriction of the right to drive vehicles.

These restrictions remain in effect until the alimony debt is fully repaid.

What liability is provided for non-payment of alimony

It should be remembered separately that malicious evasion of alimony payment assigned by court decision, as well as intentional failure of parents to fulfill the obligation to support minor or disabled children, may have criminal consequences.

The law provides for punishment in the form of community service for a term of 80 to 120 hours, arrest for up to three months, or imprisonment for up to two years for such actions.

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