Child Support Recovery in Ukraine. How to file and what is needed?

The mother and father are released from the obligation to support the child if the minor family member has personal income that covers all of their needs and significantly exceeds the parents’ incomes. If both parents are deprived of parental rights and the child is placed under the care of the juvenile affairs service, money is withheld from the father and mother as child support and transferred to the child’s personal savings account.

Child support recovery for a child

If the children live separately only with the mother, separately from the father (or vice versa), the expenses for their maintenance are divided either by mutual agreement or by court order.

The procedure for recovering child support depends on the parents’ agreement. If the father agrees to support the children after the divorce, he voluntarily transfers funds to their mother. The parent who lives separately can file a statement to withhold child support for a child or children at the place where their income is received:

• official employment;
• pension fund;
• educational institution that pays a scholarship.

The statement specifies the frequency, the amount of child support and the recipient’s details. The organization to which the statement is submitted is obliged to withhold and transfer the funds. Child support must be deducted from the applicant’s income no later than 3 days from the date of payment of wages, pension, or scholarship. Note that the statement may be withdrawn by the initiator at any time without specifying reasons.

Parents have the right to conclude an agreement on the payment of child support and have it notarized. Article 189 of the Family Code provides that if a parent does not fulfill their obligations under the agreement, child support will be forcibly collected from them on the basis of an executive writ issued by a notary.

By mutual agreement, a parent may avoid paying child support if they transfer ownership rights of real estate to the child by notarizing a gift agreement.

If the parents cannot mutually agree on the method of deductions, or the mother disagrees with the amount received, she may file a lawsuit for the forced collection of child support.

Filing a lawsuit for child support recovery

The parent with whom the joint children reside may apply to the court for recovery of child support. A dispute over the collection of child support in Ukraine is initiated in the judicial instance at the place of residence of the applicant or the defendant.

The procedure for applying to the court consists of the following main stages:

• gathering the necessary documents;
• filing a claim – you can read more about drafting a statement of claim and the filing procedure here Statement of claim for child support;
• opening court proceedings – a judge responsible for considering the case is appointed and the plaintiff is notified;
• obtaining a decision on child support recovery – the writ of execution is grounds for withholding funds in favor of a third party.

There is no state fee for opening the case. According to subparagraph 3 of part 1 of Article 5 of the Law “On Court Fees”, cases on child support recovery are exempt from court fees.

The package of documents must be submitted to the court. It is permitted to send the statement of claim by registered mail with an inventory of attachments and a return receipt.

Documents required to file in court

To apply for child support recovery, the applicant will need the following documents for the court:

• statement of claim for child support in two copies – for serving the defendant;
• marriage or divorce certificate;
• child’s birth certificate;
• copy of the applicant’s national passport;
• certificate of family composition;
• tax identification number;
• notarized power of attorney, in case of representation by an authorized person.

If the parents are not divorced, the petition should indicate the family circumstances that force the applicant to turn to the court for child support:

• irreconcilable disputes regarding financial matters;
• concealment of income by the defendant;
• separate residence;
• other reasons.

Drafting the statement of claim

Specialists of the legal company “Nakaz” will help prepare a claim to the court for determining child support.

The statement of claim for child support contains the following information:

• name of the court to which the claim is submitted;
• details of the applicant (or their representative) and the defendant;
• date of marriage, record entry number;
• date of birth of the joint child;
• reasons why the marriage was dissolved;
• conditions of the child’s residence;
• financial situation of the applicant;
• information about the lack of agreement between the parents regarding financial support of the children;
• calculation of the amount needed for the maintenance of one child;
• request for judicial recovery of child support.

You can see a sample statement of claim for child support here: https://docs.google.com/document/d/1Dq69rHVT6k97YNy9wVb9m_2CsLiOd80eIBFAqC-lFWs/edit

Amount of child support in Ukraine

The amount of income that will be collected as child support is determined by the court. The following factors affect the amount of child support:

• the physical and material condition of the child – the need for additional expenses due to health condition;
• the financial position of the payer – regular income streams, ownership of income-generating real estate;
• the payer’s support of minor children, incapacitated family members, or dependents.

Child support according to Articles 183-184 of the Family Code of Ukraine may be determined as a fixed amount or as a percentage of income. When a share of income is collected for two or more children, the court determines the total percentage for all children, which is withheld until the eldest child reaches adulthood. If after one of the children turns 18 the mother does not file a petition to revise the amount, child support is withheld with the deduction of the equal share of the elder child.

The minimum amount of child support in Ukraine cannot be less than 50% of the subsistence minimum for one child. In 2018 for a child under 6 years — 746 UAH, 6-18 years — 930 UAH. Note that from May 1 it will increase to 779.50 and 972 UAH respectively, and from December 1 children under 6 must receive at least 813 UAH, and older — 1013.50 UAH.

Maximum child support in Ukraine is equated to 10 subsistence minimums per child. For preschoolers this is 14920 UAH, for school-age children – 18600 UAH.

What to do after receiving the decision on child support recovery?

On the basis of the court decision, the plaintiff is issued a writ of execution. This administrative document is drawn up on a special approved form and contains a demand for the recovery of child support.

The writ of execution indicates: the date of the court decision, information about the debtor and the claimant, information about the amount of the debt, and the procedure for its repayment. Usually one writ of execution is issued in the case, but if the defendant is employed at several enterprises, it is possible to issue two copies.

After receiving the decision, the plaintiff must submit the writ of execution to the State Executive Service with an application to open enforcement proceedings. After checking the correctness of the writ, the State Executive Service sends it to the place of permanent residence of the debtor and opens enforcement proceedings. The next day the letter is sent to the defendant’s place of work.

Judicial recovery of child support implies that the employer’s accounting department, after receiving the order and the writ of execution, is obliged to withhold a certain amount from the debtor’s income for the support of the children and transfer it to the claimant by bank transfer, postal transfer or pay it out in cash. Once every six months, the organization where the defendant works sends a report on the amounts withheld to the State Executive Service.

It should be noted that no later than 3 days from the date of the employee’s dismissal, the writ of execution with a cover letter must be sent back to the State Executive Service.