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How to speed up debt enforcement of child support?

Child support - is the amount of money paid by one of the parents on a voluntary basis or by enforcement to a child or a major child if he needs cash support.

The enforcement of child support - is the process of payment of the awarded child support amounts, which is controlled by the enforcer. However, often it is not voluntary.

According to the register of debtors for 2019, 165912 unscrupulous payers were brought in on the issue of debt on child support.

Over time, the needs of children do not decrease, but rather grow. Accordingly, the question arises: Is it possible to receive child support if the payer flat out refuses to pay? And how to speed up this process?

Remember! The issue of enforcing child support payout can always be resolved in court!

Related article: Our lawyers gave the client legal advice on the dissolution of the marriage and child support payments

Why You shouldn't be afraid of going to court to enforce child support payout?

Many people think that getting money through court is unrealistic, or that it takes a very long time.

Of course, enforcement of debt payment has its own difficulties, you need to take into account many things, calculate ahead all the solutions, plan what documents are needed. Qualified specialists can easily handle this for you.

On the issue of child support debt enforcement, the courts do not come up with a single solution - their opinion is divided into 50 to 50. Litigation practice says that not all cases are won, often the judge takes the side of the debtor.

However!! This does not mean that you should not even give it a try. A well-prepared case and well-organized defense will give you a chance to get your money for the support of a child.

What amount of child support payout enforcement can I expect to be awarded?

According to the laws of Ukraine, child support debt is enforced for no more than the last 10 years (it is calculated from the day of submission of the writ of execution). But, if the payer was abroad and did not pay child support - it is paid for all the elapsed time.

It is also important to remember that when preparing a claim, you can calculate the fine (penalty) - 1% of the amount of unpaid child support for each day of delay.

You can control the issue of debt by submitting an application to the enforcer requesting a certificate of debt. By law, he/she must recalculate the amount owed every month. Such information is generated and issued within three working days.

What is the legitimate leverage to speed up the process?

  • If the amount of the debt exceeds 3 months, the enforcer shall enter the debtor's data into the Register of debtors.

The property of the debtor is seized, after which it is sold.

  • If the amount of the debt exceeds 4 months, the enforcer may apply sanctions and restrictions to the debtor (restrictions on traveling abroad, use of weapons regarding hunting, and driving transport vehicles).
  • If the amount of the debt exceeds 3 months, the enforcer may turn to the authorities of the National Police of Ukraine with a statement on the offense committed by the debtor, namely, evasion of the child support payment.

The enforcer has the right to draw up a protocol on an administrative offense and send it for consideration to the court.

  • If the debt is more than the amount of payments for one year, the enforcer can pay a fine of 20% of the amount owed on child support, for two years - 30%, for three years - 50%.

In what case can a court appeal for a child support debt enforcement be risky?

It is important to understand that the payer’s financial assistance, his/her pecuniary compensation, medical treatment assistance, relatives' funeral, single mothers, adoption, etc. cannot be levied.

If a contract was signed and notarized by the parents, in which the process of paying child support is specified, then the penalty is enforced only if it is expressly stated in the contract.

The child support payer can make and file certificates confirming that he/she has no sources of income, that his/her state of health does not allow him/her to pay child support, etc. Or re-register your property to someone else, which will make you lose the case.

What to do in such situations?

The more complex the case, the more it requires the intervention of a professional lawyer in the enforcement of child support payout. He will be able to tell you how to act correctly, which solution is possible and what are the real chances of enforcing child support debt payment.

If you want to get legal advice on child support and debt enforcement on it- give us a call!

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