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Collecting alimony from a non-working person

Unemployment is one of the main problems in Ukraine. Very often, this problem concerns not only adults but also children, when it is necessary to get alimony from a parent who does not have a permanent income.

According to article 180 of the UK of Ukraine, both parents must support their child until his 18th birthday. Parents who are divorced must decide how to maintain a common child.

Kasyanenko & Partners Law Company specialists claim that a non-working person is not released from his obligation to pay alimony.

However, there are often situations when the father or mother refuses to pay alimony. A parent with whom a minor child life has the full right to file an application to the court with a request to receive alimony for a joint child.

Article 188 of the IC of Ukraine specifies a weighty argument, according to which a parent may not provide financially for their child. This happens if the child has a personal income that is higher than the profit of each of the parents, and it is enough to meet all the needs of a minor citizen of Ukraine. However, the exemption from payment takes effect when the parent has a court decision in hand.

This case is an exception to the rule since, in all other situations, parents are required to provide for their child. This does not depend on the monthly income of the father or mother or whether they have official employment.

How is alimony collected from an unemployed person in Ukraine?

Studying in more detail various situations related to the accrual of alimony, many people have such popular questions:

  • If a person does not work, then how much money should they allocate to pay alimony?
  • How is the calculation and how the calculation of child support in Ukraine?

To understand the procedure for calculating alimony, we recommend reading examples of such penalties:

  1. If one of the parents does not work and refuses to pay alimony to their child, then the second parent has the full right to file a claim in court, specifying the number of money as the desired alimony. Submitted alimony is subject to indexing, according to Ukrainian law.
  2. If the parent with whom the child was left has already received a court decision, and the payer:
  • lost his job and is registered in the employment exchange, then the state will continue to write off funds, but with unemployment benefits;
  • lost his job, but does not register on the labor exchange; or started working informally; or went abroad – to a country with which Ukraine does not support agreements on legal assistance; or works as an individual entrepreneur and is served under the simplified tax system, then alimony is calculated taking into account the average salary in a particular region.

Based on the last example, the child will be able to receive a monetary number that is calculated based on the average salary in the region where the alimony payer is registered. All data on average wages are taken from the statistical offices of a particular city or region. Sometimes this information is freely available on the official website of static management for each user.

Kasyanenko & Partners Law Company lawyers will help each client to understand in more detail the issues related to the recovery of alimony in court and pre-trial.

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