Die Nichtzahlung von Unterhalt kann zur Mobilisierung führen: wie das neue Gesetz funktionieren wird

In einem Monat tritt ein neues Gesetz zur Mobilisierung in Kraft, das unter anderem zusätzliche Sanktionen für Eltern mit Militärdienst vorsieht, die keinen Unterhalt zahlen. Erfahren Sie, wer das Recht auf Aufschub verlieren könnte und unter welchen Bedingungen

Rechtliche Unterstützung für Ukrainer in der Ukraine und im Ausland

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On May 18, an updated law on mobilization will come into force, which provides for a number of changes for military personnel, persons liable for military service, and men currently serving abroad. Among other things, the law provides for sanctions for parents of three or more children who evade child support. According to LB.ua, the TACs will soon have access to a database of arrears, which means that the fact of non-payment of alimony will be tracked. At the same time, the Ministry of Justice warns that mobilization is not a punishment, and "here it is an opportunity to pay off their debts and provide for their children by serving in the army with fairly high salaries."

Read more about how cars will be confiscated from Ukrainians in favor of the Armed Forces here.

Who will lose the right to deferment for non-payment of alimony?

According to the updated provisions of the law, debtors "in arrears of alimony, the total amount of which exceeds the amount of payments for three months" may be mobilized to the army.

This means that persons who have three or more children on their support and are therefore entitled to a deferral may be deprived of this right if they have not paid child support for at least one child for more than three months.

Iryna Friz, a member of the European Solidarity faction, said in a commentary to LB.ua that the war is ongoing and "those who have a deferral should fulfill their parental responsibilities in full."

How many child support debtors can be mobilized?

As of March 1, 2024, 520.2 thousand documents on the recovery of alimony are being enforced by the State Enforcement Service. The Ministry of Justice provided such data at the request of LB.ua and noted that their number may vary monthly, but on average, the number of non-payers of alimony in the country is at least half a million.

At the same time, according to Andriy Haichenko, Deputy Minister of Justice for the Enforcement Service, there is no accurate statistics on parents who have been in arrears for more than three months and have three or more children. However, he noted that this is at least 20,000 people who may lose their deferral.

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How will alimony debtors be identified?

As explained by the Ministry of Justice, after the new law on mobilization comes into force, military parents of three or more children must report to the TAC within 60 days and update their data, i.e. prove their right to deferment. At the same time, persons who have to pay child support will have to confirm not only the fact of parenthood of three or more minor children, but also the absence of arrears.

Instead, the TACs will submit requests to the State Register of Debtors and Enforcement Proceedings, and the register will send certificates in response, similar to the police clearance certificate. 

At the same time, the Ministry noted that if such a person loses the right to deferment and then repays the debt, he or she will be able to regain this right. But in case of non-payment, the person may be mobilized.

We remind you! The updated law on mobilization provides for the expansion of the powers of the Military Commissariat, as well as some changes in the procedure for serving calls and mobilization. Read more about the rules in our previous article.

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