- Monitoring the intended use of alimony in Ukraine
- Family lawyer in Ukraine
- Claim for misuse of alimony in Ukraine
- Checking the intended use of alimony in Ukraine
- An example of misuse of alimony from legal practice in Ukraine
- Transfer of funds to the child’s account in Ukraine
- Family lawyer about the control over the expenditure of alimony in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Monitoring the intended use of alimony in Ukraine
At the request of the payer of alimony or on its own initiative, the guardianship and trusteeship body checks what the alimony is spent on.
In case of misappropriation of alimony, the payer has the right to apply to the court with a claim to reduce the amount of alimony or to make part of the alimony to the child’s personal account at a branch of the State Savings Bank of Ukraine.
The legislator, guaranteeing the child’s right to maintenance from the parents, predicted mechanisms of control over the activities of the latter, that is, the father or mother, for the targeted spending of alimony received for the maintenance of the child.
This control in the state is carried out by the guardianship and trusteeship authorities, which can, on their own initiative or at the request of the alimony payer, check the targeted expenditure of alimony.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Claim for misuse of alimony in Ukraine
If, during the check, the fact of inappropriate use of alimony is established, their payer has the right under Part 2 of Art. 186 SK to go to court with a claim to reduce the amount of alimony or to make part of the alimony to the child’s personal account at the branch of the State Savings Bank of Ukraine.
It is difficult to agree with the provision of Part 1 of the commented norm that only the guardianship and trusteeship body should check the targeted expenditure of alimony.
In our opinion, the payer, if he has the opportunity and desire, can directly perform actions to control the maintenance of the child and the spending of alimony by the second parent. If such misappropriation of funds is established by him personally and the payer will have evidence and confirmation of these circumstances, in accordance with Art. 124 of the Constitution, he has the right to directly appeal to the court for the protection of his rights and the rights of the child.
The provisions of Part 1 of Art. 186 SK needs to be considered more broadly.
In our opinion, the alimony payer has the right to apply to the court with a claim to reduce the amount of alimony or to terminate the collection of alimony in the name of the mother or another person, not only when their misuse has already been established by the guardianship and guardianship authority, but also when he himself collected the relevant evidence.
But at the same time, the attention of specialists should be drawn to the fact that in part 2 of Art. 186 of the SK does not mean “terminating the collection of alimony in the name of the mother or another person,” but only speaks of reducing the amount of alimony paid or making a part of it to a bank account.
Even if we assume that the collection of alimony in the name of a mother or another person may be terminated due to their misuse, however, it is not clear how this issue should be resolved further, since the child still requires maintenance.
Who should receive them if the mother with whom the child lives uses them for other purposes?
In our opinion, reducing the amount of alimony or paying part of it to a bank account may not affect the actions of an unscrupulous mother. She may continue to misuse even alimony reduced in size or part of it, which will remain from the deposit in the bank. Therefore, it is necessary in the law to provide for effective means of solving this rather important issue.
From the analysis of Part 2 of the commented norm, it is possible to make an unambiguous conclusion that only the alimony payer is vested with the right to go to court, despite the fact on whose initiative the verification of the inappropriate use of alimony was carried out (at the request of the payer or at the initiative of the guardianship and trusteeship body).
The provisions of this norm leads us to the conclusion that it is necessary to differentiate the cases of such checks.
Therefore, we consider it appropriate to dwell on the analysis of such legal situations.
So, if the child lives with the mother and alimony is paid for her maintenance by the father, which, according to Part 1 of Article 179 of the IC, is the property of the parent in whose name they are paid, that is, the mother, then the initiator, as a general rule, of inspections regarding inappropriate use of alimony, based on Part 1 of Art. 186 SK, there must be a payer.
Checking the intended use of alimony in Ukraine
The guardianship and trusteeship body only on the basis of his application should carry out such checks in order to ensure and receive by the payer official confirmation from this body, which he will need to substantiate his claims for reducing the amount of alimony collected in court.
If alimony for the maintenance of a child is transferred by one of the parents to a guardian, trustee or body (health care institution, educational or other child care institution), foster care, then it is under Art. 246 of the UK, the guardianship and guardianship authority is entrusted with control over the conditions of detention, including control over alimony.
Therefore, in this case, the guardianship and trusteeship authority periodically checks the intended use of alimony by these subjects, and it must do this on its own initiative, carrying out the powers entrusted to it.
If this body establishes the inappropriate use of alimony by these entities, not the payer of the alimony, namely the guardianship and trusteeship body in the interests of the child, applies to the court with a claim to reduce the amount of alimony or their partial payment to the child’s account at the branch of the State Savings Bank.
In addition, in the cases provided for by law, raise the issue of releasing the guardian, trustee, foster caregiver from fulfilling the duties assigned to them (Article 151 of the Criminal Code, part 3 of Article 75 of the Civil Code).
This need may be due to the fact that one of the parents does not apply to the authority to carry out these checks.
As for the first legal situation, the alimony payer will be the plaintiff and the recipient the respondent.
The guardianship and trusteeship body may participate in the case with the aim of presenting conclusions on the case on the implementation of the powers assigned to them.
According to the second legal situation, the representative of the interests of the child may be the guardianship and guardianship body, which applies to the court with a claim to reduce the amount of alimony, if its misuse is established.
The plaintiff will be a child whose property interests are violated, the defendant is the recipient of the alimony, and a third party without independent claims on the side of the plaintiff is the alimony payer.
Based on the results of the consideration of the case, that is, if during the consideration of the case it is established by the court that the alimony is spent not for their direct intended purpose, then the court decision may reduce the amount of the levied alimony or pay part of it to the child’s personal account in the State Savings Bank of Ukraine.
But in practice, there are cases when the plaintiff’s goal may have not only positive features, but also selfish motives.
In this case, the court will have to establish whether the plaintiff has other minor children for whom he pays alimony or is dependent on him, whether he has a legal wife or other relatives who are dependent on him.
An example of misuse of alimony from legal practice in Ukraine
In our legal practice, there have been cases when a child was raised by his grandparents, and not by another parent, in whose name alimony was paid.
In this situation, the client, who was paying significant alimony for Ukraine, was asked to radically resolve the issue by determining the place of residence of the child with the father and entrusting him with the direct upbringing and maintenance of the child, that is, then the mother must pay alimony for the child in his name.
According to simple calculations, it turned out that in view of the amount of alimony paid by the father by the name of the mother, it was possible not only to support the child, but to hire a nanny and raise him at home.
The process of bringing the claims and submitting evidence in support of them in this situation was simple, since the child went to school outside her mother’s place of residence, and the latter did not come to the child for two years, nor was she involved in her upbringing.
She did not send money transfers for the maintenance of the child to her parents, which was found in the post office at their place of residence, the parents of the defendant also confirmed that their daughter did not give money for the maintenance of her grandchildren and did not take care of the girl.
Therefore, the court found that the mother used the alimony for her own needs.
Important evidence in this category of cases is the materials presented by the guardianship and guardianship authorities, testimony of witnesses, evidence of transfers of alimony.
In fact, when considering such categories of cases, the court faces the task of deciding the case not in favor of one of the parents, but in favor of the child.
Therefore, it is difficult to offer a client that, as a result of the consideration of the case, the amount of alimony should be reduced, if he is not personally in a difficult financial situation.
Transfer of funds to the child’s account in Ukraine
It is considered more rational to strengthen control over alimony by the guardianship and guardianship authority and the other parent, as well as transfer funds to the child’s account.
As for the accumulation of funds on the child’s account, then, on the one hand, this is a positive moment.
However, on the other hand, the child lives, he needs to develop, every day he needs food, fruits, ice cream, clothes, entertainment, or should he be deprived of these childhood joys and accumulate money in the account.
We are not against this way of saving money, but we believe that there should be a “golden mean” in everything, and not the extremes that some of the parents seek, so that, God forbid, his mother (father) does not use the money that the payer gives the child …
But how many sleepless nights a mother spends with a sick child, how much time she spends on keeping the child tidy, clean, fed, getting ready for school, how much of her strength and soul does she put into the child, it’s probably impossible to compare with any money which the father will pay once a month.
Therefore, to say that the funds that are in the bank account should be used or interest from them, if they are sufficient to ensure the maintenance of the child, but these funds should be spent under the certain control of the guardianship and trusteeship body or another parent.
Family lawyer about the control over the expenditure of alimony in Ukraine
In solving a case while monitoring the expenditure of alimony, the most optimal is to contact a family lawyer for child support, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the efficiency of solving the case while monitoring the expenditure of alimony;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible! Our lawyers can help you shorten the time for divorce, file a divorce lawsuit or joint divorce petition.
Frequently asked questions to a lawyer in Ukraine
If the article “Control over the expenditure of alimony” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.
Useful site materials advokat-family.com.ua:
- The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren
- Real estate for the payment of alimony
- Origin of the child whose parents are married to each other
- Origin of a child whose parents are not married to each other
- The origin of the child from the father at the request of a woman and a man who are not married to each other
- Contesting paternity, maternity of a person paying alimony by court decision
- Determining the child’s surname
- Determining the name of the child
- Determining the patronymic of the child
