Arrest of accounts, property, and restriction of rights: what threatens a debtor for non-payment of alimony
If a court decision on alimony payment is not voluntarily fulfilled, the state enforcement service has the right to apply a set of coercive measures to the debtor. This involves not only the arrest of accounts or property but also temporary restrictions of certain rights provided by law.
The Ministry of Justice explained how the enforcement of such decisions takes place, what actions the executor can take, and how the parties to the proceedings can find out the amount of debt.
How the enforcement service acts after opening proceedings
After opening enforcement proceedings, the state or private executor first establishes the debtor’s property status. To do this, requests are sent to state bodies, institutions, and relevant registries.
In particular, the executor finds out:
- the debtor’s place of work;
- the amount of their income;
- the presence of bank accounts;
- movable property;
- immovable property.
The obtained information is used for further enforcement of the court decision and determining possible sources for debt repayment.
What measures can be applied to the debtor
If the debtor continues to evade the court decision and does not pay alimony, the executor has the right to apply legally provided coercive enforcement measures.
Among them are:
- arrest of funds;
- seizure of wages and other income;
- arrest of property;
- search for property;
- sale of property in cases defined by law.
Additionally, the law provides for the possibility of applying temporary restrictions to the debtor, including:
- restriction of the right to leave Ukraine;
- restriction of the right to drive vehicles;
- restriction of the right to use firearms, hunting, and pneumatic weapons;
- restriction of the right to hunt.
How to find out the amount of alimony debt
Information about the status of enforcement proceedings and calculation of alimony debt can only be obtained by the parties to the enforcement proceedings — the claimant and the debtor.
For this, one can contact the relevant department of the state enforcement service or use the electronic services of the Ministry of Justice.
When enforcement proceedings end
The executor issues a resolution on the termination of enforcement proceedings after the expiration of the legally prescribed period for the respective type of enforcement, as well as in the presence of other grounds defined by law.
The Ministry of Justice emphasized that timely payment of alimony is not only the fulfillment of a court decision but primarily the fulfillment of parental duty and proper care for the child.
Subscribe to our Telegram channel t.me/sudua and on Google News SUD.UA, as well as on our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.
