On August 28, 2018, the Law of Ukraine “On Amendments to certain legislative acts of Ukraine concerning the creation of economic prerequisites for enhancing protection of the child’s right for proper support” came into force on July 3, 2018 No. 2475-VIII (hereinafter the “Law”).
The law aims to protect the rights of children living in single-parent families, in particular, through the establishment of new rules for crossing the border of Ukraine, as well as the settlement of individual issues related to the payment of alimony.
What are the innovations of the Law?
First of all, the parent with whom the child lives, can now independently decide on the child’s travelling abroad for a period not exceeding 1 month without the notarized consent of the second parent (if the first parent knows the place of residence of the second parent, who doesn’t avoid and in an orderly manner performs parental responsibilities, the second one must be informed by sending a registered letter).
If the parent with whom the child does not live, is in arrears for the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for four months confirmed by a certificate (or three months in some cases, for example, a child’s disability), parent with whom the child lives has the right to independently decide on the child’s travelling abroad for a period up to one month or more.
- The minimum recommended amount of alimony per child was established (the subsistence minimum for a child of the appropriate age).
- Child’s right for the allotment of property that is jointly owned by parents and children was established.
- Regarding the debtor for payment of alimony, who is included in the Unified Register of Debtors, are introduced restrictions on the disposal of his property.
- The past time period was increased (from 3 to 10 years), for which the court may award payment of alimony.
- If the alimony is not paid for more than a year – its amount is increased by 20% (2 years – 30%, 3 years – 50%).
- The state service positions of categories “A” or “B” will not be entered by a person who is in arrears for the payment of alimony for the child’s support for more than six months.
- Criminal liability was introduced for the malicious evasion from serving an administrative penalty in the form of community service for failure to pay alimony (imprisonment for up to two years).
The adoption of this Law is definitely a positive trend towards ensuring the protection of the children rights in Ukraine. Within the “Family Law” service for individuals, lawyers and attorneys of Business Assistance Law Firm will advise you on all matters related to divorce, establishment of child custody, determining the procedure and amount of alimony payments, actions in case of non-payment, will help you in case of any family disputes. We understand the specifics of such cases and their particular sensitivity and confidentiality.