Authorities have taken care of children living in single-parent families. July 8, in Ukraine will come into force a new law on the payment of alimony. Legislators made changes in several legal acts — Family and Civil procedural codes, the law “On court fee”, writes UBR.
The main innovations of the new law are the following:
- alimony is recognized as the property of the child;
- the minimum size of the alimony increased to 50% of the subsistence minimum;
- to collect child support in order writ proceedings.
Writ proceedings is a simplified view of the proceedings, without summoning the parties and in the shortest time. “So, the other party will not be able to artificially delay the process. Also, now when determining the amount of income of the payer of the alimony will be considered a major purchase made during the year, it will become harder to hide the real income,” — said the lawyer, the editor of the portal Prostopravo Catherine gutgarts.
Another new feature is the expanded list of circumstances considered by the court when determining the amount of alimony, namely:
- the presence of the payer of the alimony of movable and immovable property, monetary funds;
- expensive purchase of the payer (the cost of which exceeds ten-fold the subsistence minimum), if they do not meet the official income of the person.
That is, if the decision of the court dispute concerning the recovery of alimony, the plaintiff will be able to prove and document significant costs of the former spouse, it will serve as a basis for increasing the amount owed to the child.
In Ukraine also there are frequent cases when unscrupulous parent not to execute the court decision about collecting of the alimony, the overwrite property to relatives or friends. In the end, to take such property into account debt for child support is almost impossible. Now the taxpayer will have to disclose the source of income and telling him where he got the funds for expensive purchases, even if the property belongs not to him but, for example, a new wife.
“The new law stipulates that the amount of maintenance should be sufficient to ensure harmonious development of the child. However, to prove that for a child is necessary, should the plaintiff alimony,” — said the lawyer of the judicial Department of JSC “AVER LEX” Oksana Hichina.
Another plus for lone parent bringing up a child: now submission of claims for recognition of paternity, change of residence, etc., that were widely used for tightening of consideration of disputes about collecting of the alimony, will not be grounds for stopping the trials. This will significantly reduce the time of consideration of such disputes.
“Filled and a number of legislative gaps, for example, exemption from payment of court fees on disputes derived from alimony, an order of collecting of penalties in arrears for child support, etc.” — said managing partner of JSC “Suprema Lex”, the advocate Victor frost.
When this minor child to receive and manage money. Informed by the norms of the Family code prescribes that the alimony are the property of the parents, in whose name they are paid. Although now not quite clear what to do with alimony, which is already collected by the court in favor of the parents, lawyers say.
Previously, alimony was a share of the income of the payer and if the income was irregular, the money was levied in a fixed amount. The new procedure established that the payee determines which method of collection to choose him: share of earnings or a fixed sum.
“If the parents have not reached agreement about the method of obtaining child support, a parent who raises a child has the right to file a claim about the definition of this method by the court. The legislator left to determine the method and amount of alimony by the conclusion between parents notarial contract”, — said the lawyer of “the Magus” Jaroslav Borka.
The new law also established that the penalty per child is provided one-fourth of income one parent, two children — one third, and three and more children — half of earnings of the payer of the alimony, but no more than ten times the subsistence minimum for each child. And at the alimony in a firm sum minimum to qualify for 50% of the subsistence minimum for a child of appropriate age.
“Earlier in the case of recovery of alimony through the court, the minimum payment on the child could not be below 30% of the subsistence minimum per child and is for children up to 6 years — 1228 UAH, from 6 to 18 years — 1531 UAH”, — said the lawyer, coordinator of the family practice Law Eterna Katerina Lysechko.
In determining the amount of alimony, the court takes into account a number of factors:
- the health of the child;
- health and financial situation of the maintenance payer;
- whether the maintenance payer has other children, persons in need of the content;
- the financial situation of the parent with whom the child lives.
Alimony is deducted from the official income of the payer.
Imposed penalties for delay
To check the target disbursement of child support can bodies of guardianship and guardianship — on its own initiative or at the request of the payer. If alimony is used for other purposes, the payer may apply to the court with the claim about reduction of the size of payments and even attract careless ex-spouse responsible for inadequate performance of parental responsibilities (up to the deprivation of parental rights in some cases).
Alimony can be paid to any Bank account opened by the payer of the alimony, and the second parent and a cheque or, for example, it is possible to place funds on Deposit with a notary. Possible alimony payments in cash, but in this case it is necessary to formalize the corresponding payments. Otherwise, the recipient of the alimony will be able to say that the money he had ever seen.
“With regard to a separate Bank account for a child — it can be opened at any age, but to dispose of them once you turn 14. Minor child (14-18 years) has the right to independent receipt and disposition of child support in accordance with the Civil code,” says Bork.
In the case when the debt was incurred through the fault of the payer, the payee has the right to demand a penalty of 1% of the unpaid alimony for each day of delay. “However, the amount of the penalty shall not exceed 100% of the underlying debt,” said Lysechko.
However, lawyers say, though the proposed changes and to resolve some controversial issues regarding alimony, but, unfortunately, they are not necessary applicable to the enforcement of court decisions. “So, even having on hands the decision of the court, to perform it in many cases is still difficult,” said Gichana.