How to Quickly Collect Alimony: When a Court Order Is Enough and When You Need to File a Lawsuit

Ukrainian legislation provides two judicial protection methods for collecting alimony — order proceedings and claim proceedings. The choice of procedure depends on the circumstances of the case and the amount of alimony the applicant intends to collect.

What methods of alimony collection does the law provide?

After a divorce, the financial interests of the child may be violated if one of the parents does not fulfill the obligation to support the child. In such a case, the child’s rights can be protected by applying to the court and obtaining a decision on alimony collection.

The legislation provides two ways to obtain an enforcement document for alimony collection — order proceedings and claim proceedings.

Order proceedings: when a court order can be obtained

The fastest mechanism is order proceedings. In this case, the court reviews the application along with the submitted documents without holding a court hearing and without summoning the parties.

The court order is issued within five days after receiving information about the registered place of residence or stay of the debtor.

Under order proceedings, alimony can only be collected in amounts specified by law:

• for one child — 1/4 of the payer’s income;
• for two children — 1/3 of the income;
• for three or more children — 1/2 of the income, but not more than 10 subsistence minimums for a child of the respective age;
• or a fixed amount equal to 50% of the subsistence minimum for a child of the respective age.

The court order takes effect immediately upon issuance and simultaneously serves as an enforcement document. This means it can be immediately submitted for compulsory enforcement without issuing an enforcement writ.

Moreover, such a court order is not subject to appeal.

When it is necessary to file a lawsuit

If the applicant intends to collect alimony in an amount greater than allowed in order proceedings, or if the case involves establishing or disputing paternity or maternity, as well as requires the participation of other interested persons, it is necessary to apply to the court with a lawsuit.

In such cases, the matter will be considered under claim proceedings.

How the amount of alimony is determined in claim proceedings

Unlike order proceedings, during the consideration of a claim, the law does not set a maximum limit on the amount of alimony.

The court, taking into account all circumstances of the case, may determine alimony as a share of the respondent’s income — 1/4, 1/3, or 1/2 of earnings — or as a fixed monetary amount, for example, 2,000, 3,000 hryvnias, or another amount that will ensure proper support of the child.

When a decision can be enforced compulsorily

A court decision becomes legally binding after 30 days from the date of its announcement, provided that neither party has filed an appeal.

For compulsory enforcement of such a decision, the court issues an enforcement writ, which must be submitted to the state enforcement service or a private executor.

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