How do I claim child maintenance?

Child maintenance is the responsibility of both parents. In practice, however, this is unfortunately not always the case. It is therefore important to choose the correct method of enforcing child maintenance. The procedure depends on the circumstances. It matters whether the payer is in employment, where they live, and whether they have an official income. Separate rules apply to military personnel, foreign nationals and those living abroad.

How do you collect child maintenance in Ukraine?

There are several options available to parents.

Voluntary agreement between parents

You can agree on the arrangements for supporting your child yourselves. To do this, you draw up a child maintenance agreement. This should specify:

• the amount of monthly payments;
• the dates and method of payment;
• payment of additional expenses;
• contribution towards the costs of education or medical treatment.

This option allows you to avoid going to court. However, if one of the parents fails to honour the agreement, the matter will have to be resolved through the courts.

Judicial enforcement

If an agreement cannot be reached, a claim is filed with the court. Maintenance is determined as a percentage of income or a fixed sum. When making a decision the court takes into account:

• the child’s needs;
• the parents’ income;
• marital status;
• other relevant circumstances.

Once a decision has been made, it is referred for enforcement.

What documents are required?

The specific set of documents is determined on a case-by-case basis. There are essential and supplementary documents.

The child’s birth certificate and the applicant’s documents

To make the application, the applicant’s identity and the fact of paternity must be confirmed. Essential documents:

• passport and personal identification number;
• the child’s birth certificate;
• proof of residence;
• decisions or documents regarding previous payments, if any.

Evidence of the child’s income, expenses and needs

The amount of child maintenance depends on the specific situation. It is therefore important to provide evidence of the child’s expenses. The following may be used:

• medical receipts;
• education documents;
• expenses for additional needs.

If the payer conceals their income, their financial circumstances are assessed on the basis of other evidence.

How can child maintenance be recovered from a member of the armed forces?

Military service does not exempt a person from paying maintenance. However, there are certain nuances regarding the calculation of the amount.

Specifics of a military service member’s income

When recovering maintenance, it is necessary to correctly take into account the types of payments received by the military service member. It is important to determine:

• place of service;
• level of pay;
• any additional payments.

How is the amount of child maintenance determined?

The amount does not depend solely on the rank or status of the military personnel. The court assesses the child’s income and needs. If payments are irregular, you can request that child maintenance be set at a fixed amount.

How can you enforce child maintenance if the father is abroad?

In this case, the obligation to provide for the child still applies. However, you need to understand where to file an application for child maintenance and how to enforce the decision. If the defendant is outside Ukraine, it is important to correctly determine the procedure for taking action:

• file a claim with a Ukrainian court in the cases provided for by law;
• obtain a ruling on the recovery of child maintenance;
• apply to the enforcement authorities.

The next steps depend on the debtor’s country of residence, as well as on international cooperation mechanisms. Such cases require the documents to be prepared correctly, as the procedure may vary from country to country.

International recovery of maintenance

Procedures for the international enforcement of judgments are applied for this purpose. This requires the preparation of documents and compliance with the requirements of the specific country. In such cases, it is important to consider:

• where exactly the payer resides;
• whether that country recognises Ukrainian court decisions;
• the procedure for transmitting documents.

A lawyer can help you structure the procedure correctly so that the judgement does not remain merely on paper.

How can you recover maintenance from a person with a disability?

Having a disability does not in itself exempt a person from the obligation to support a child. However, the court takes into account the payer’s state of health and their capabilities. The following are taken into account:

• pension;
• social security benefits;
• other income;
• healthcare costs.

Here, it is necessary to determine an amount that takes into account the child’s interests and the actual financial capacity of the father or mother.

Balancing the interests of the child and the payer

The court does not merely assess the fact of a disability. The key question is whether the person is able to contribute to the child’s maintenance. Therefore, each case is considered on its own merits. The documents and financial circumstances of the parties are important.

How can you recover maintenance from a seafarer, an unemployed person, a debtor or a foreign national?

Difficulties arise when a person does not have an official place of work or receives an unstable income. Enforcement against irregular income applies to seafarers, seasonal workers or those in informal employment. In such cases, it is possible to ask the court to set child maintenance at a fixed amount. To do this, you must demonstrate:

• the child’s needs;
• the level of expenditure;
• the payer’s financial capacity.

Action to be taken in the event of evasion of child maintenance payments

If a court order exists but payments are not being made, enforcement proceedings will commence. Possible measures:

• seizure of bank accounts;
• seizure of property;
• temporary restrictions on the debtor;
• accrual of arrears.

Prolonged evasion of this obligation will result in additional legal consequences.

If the husband is unemployed: how to claim child maintenance

The father or mother must contribute to the child’s maintenance regardless of their employment status. A minimum amount of maintenance is set. The court determines the payments taking into account:

• the child’s age;
• the child’s needs;
• the payer’s financial circumstances.

If a person is not officially employed, this does not automatically constitute grounds for exemption from payments. Liability for non-payment arises in accordance with the law.

How to choose an effective method of enforcing child maintenance payments?

Every situation has its own specific details. Military service, residence abroad, unemployment or hidden income all influence the course of action. Consulting the lawyers at Svarog will help resolve the situation in the client’s favour. Our specialists guide you through the process from initial consultation to the final outcome.

Questions and answers

How do I enforce child maintenance payments in Ukraine?

Through an agreement between the parents or by applying to the court, followed by enforcement of the court’s decision.

What documents are required to apply for child maintenance?

You will need the parent’s personal documents, the child’s birth certificate and evidence of expenses or other relevant circumstances of the case.

How can I claim child maintenance from a member of the armed forces?

You need to take into account their financial allowance and submit documents that enable the amount of payments to be determined.

What should you do if the child’s father is abroad?

You can apply to the court and use international procedures for enforcing the judgment.

How can you recover child maintenance from an unemployed person or a debtor?

You can apply for a maintenance order and contact enforcement officers in the event of non-payment.

Can child maintenance be recovered from a foreign national?

Yes, but the procedure depends on the country of residence and international rules.

What should you do if your husband is unemployed and does not pay child maintenance?

You need to apply for an official order for recovery. Unemployment does not exempt him from his obligation to support the child.