Automatically translated version. May contain inaccuracies compared to the original.
Alimony from the pay of military personnel is withheld according to the same basic rules as for civil citizens, but there are a number of payments with a specific military status. The Ministry of Defense explained from which incomes defenders are charged for their children and which remain untouchable. The agency separately drew attention to combat payments that servicemen on the front line receive during martial law. It also explained how minimum and maximum alimony amounts are calculated depending on the child’s age.
As noted by the Ministry of Defense, the base for withholding alimony is the total monetary allowance of a serviceman - the official salary, salary for military rank, longevity pay, permanent allowances and bonuses. If alimony is awarded as a percentage of income, the rate is applied to the final amount of the monetary allowance after taxes and duties.
The Ministry of Defense separately confirmed that alimony is withheld from the additional reward that servicemen receive during martial law.
"These include combat payments 30K/50K/100K and other due payments, in particular, 10 000 hryvnias for actual performance of military duties and "instructor" pay from 15 000 to 30 000 hryvnias," says the Ministry of Defense explanation.
The department explained that these rewards are paid monthly for the calculation period, therefore they belong to permanent income types, and withholding occurs from the entire final amount.
At the same time, not all payments to a serviceman are taken into account when determining alimony. This refers to one-time, targeted or compensatory payments that have a specific purpose. Among the exceptions are cash assistance for health improvement, one-time rewards 70K/170K, one-time assistance in case of injury, contusion or disability, material assistance for solving social and domestic issues, and also one-time assistance at discharge and for entering the first contract. The Ministry of Defense also explained separately: the monetary allowance for the period of treatment is counted toward the alimony base, and a one-time aid does not enter into it.
How much money at minimum should a child receive
The guaranteed minimum alimony for one child is not less than 50% of the subsistence minimum for the child of the corresponding age, which amounts to 1 408,50 hryvnias for a child up to 6 years and 1 756 hryvnias for a child from 6 to 18 years. There is also a possibility for the court to set a higher cap: the recommended minimum is 100% of the subsistence minimum — this is 2 817 hryvnias for children up to 6 years and 3 512 hryvnias for children from 6 to 18 years, if the payer’s income allows.
If alimony is collected as a share of income in the order of writ proceedings, there is an upper limit. They cannot exceed 10 subsistence minimums for a child of the corresponding age, so the maximum bound is 28 170 hryvnias for a child up to 6 years and 35 120 hryvnias for a child from 6 to 18 years. There is also a separate provision for adult children: a child aged from 18 to 23 years who continues study and needs parental financial support — in this case the minimum guaranteed alimony is 1 514 hryvnias, and the maximum possible is 30 280 hryvnias.
The Ministry of Defense added that the amount of alimony can be changed — increased or decreased — in case of significant changes in the financial situation or family circumstances of the payer or recipient, as well as the real needs of the child. This can be done through a court or through a notarially certified agreement between the parents.
Why alimony issues intensified with the start of the war
The topic of withholding funds from servicemen’s monetary support became more relevant precisely due to the appearance of new types of payments during martial law — combat and "instructor" payments. Families of servicemen and lawyers of the free legal aid system regularly receive requests about whether alimony can be collected from these funds, since there was no official list of exceptions in this clarification.
Earlier Informator reported that the Ministry of Justice explained the procedure for collecting alimony from a serviceman: if the debtor does not pay voluntarily, the claimant needs a court order, which is sent to the military unit, and if there are no data about the unit — to the Ministry of Defense. We also wrote that servicemen who left the unit on their own may have payments restricted in a manner similar to sanctions against non-payers of alimony — such legislative initiatives were announced by the secretary of the Verkhovna Rada committee on national security, defense and intelligence, Roman Kostenko.
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