Alimony will be calculated even without salary: the Rada proposes new rules for calculating debts

In Ukraine, it is proposed to legislate new rules for calculating alimony arrears for citizens whose employment contracts are suspended during martial law. Even if the employee does not actually receive a salary, the alimony arrears, defined as a share of income, will be calculated based on the average salary in the relevant area.

The relevant changes are provided for by draft law No. 16185, which proposes to amend Article 195 of the Family Code of Ukraine.

Why was it necessary to change the legislation

During martial law, Ukrainian legislation allows for the suspension of employment contracts.

This means a temporary cessation of the mutual obligations of the employee and the employer. In particular, the employer does not pay wages under the suspended contract.

However, this situation has created legal uncertainty regarding the calculation of alimony.

The Law of Ukraine “On the Organization of Labor Relations under Martial Law” does not establish a special mechanism for calculating alimony arrears during the period of suspension of labor relations.

As a result, disputes arose regarding what amount to take as the basis for determining the debt if the official salary is not accrued.

What the Supreme Court decided

An important legal position was formulated by the Joint Chamber of the Cassation Civil Court of the Supreme Court during the consideration of case No. 133/2281/24.

The court concluded that in the event of suspension of the employment contract, when the alimony payer does not receive a salary or other income, the alimony arrears awarded as a share of income must be calculated based on the average salary of the employee for the relevant area.

At the same time, the Supreme Court departed from the previous approach, according to which the salary stipulated in the employment contract could be used for the calculation.

Thus, the determining indicator is not the salary of a specific employee, but the average level of wages in the relevant area.

What is provided for by draft law No. 16185

The People’s Deputies propose to amend part two of Article 195 of the Family Code of Ukraine.

Currently, the legislation already provides for the calculation of alimony arrears based on the average salary for certain categories of payers.

In particular, this approach applies to persons who were not working at the time the arrears arose, individual entrepreneurs on a simplified taxation system, and in certain cases receiving income abroad.

The draft law proposes to supplement this list with persons whose employment contracts are suspended in accordance with the legislation on martial law, if during this period alimony deductions or accrual of the relevant arrears are not provided for.

In fact, the deputies want to consolidate at the legislative level the legal position that has already been formed by the Supreme Court.

The authors of the initiative note that such changes should ensure the unity of judicial practice and legal certainty.

How much will have to be paid: an example of calculation

The proposed mechanism can significantly affect the amount of debt.

For example, if the average salary in the relevant area is 20 thousand hryvnias, and the court has determined alimony in the amount of 25% of income, the calculation will look like this:

Average salary – 20,000 hryvnias.
The amount of alimony – 25%.
Monthly accrual – 5,000 hryvnias.
Arrears for six months of non-payment – 30,000 hryvnias.
Arrears for a year of non-payment – 60,000 hryvnias.

Thus, even if a person has not received a salary under a suspended employment contract for a year, under the above conditions, his alimony debt may amount to 60 thousand hryvnias.

At the same time, this is a conditional example. The actual amount will depend on the established amount of alimony, relevant statistical indicators and other circumstances.

What consequences can debtors expect

Accumulation of alimony debt may lead to the application of enforcement measures.

Depending on the amount of the debt and the grounds provided for by law, the following may be applied to the debtor:

Arrest of bank accounts;
Reference of funds and property;
Temporary restriction of the right to drive vehicles;
Other enforcement measures established by law.

At the same time, such restrictions are not automatically applied solely due to the fact of suspension of the employment contract. The legislation provides for separate conditions for each measure.

Does the new mechanism protect the interests of both parties

The proposed changes are aimed at ensuring the protection of children’s rights to adequate material support.

The absence of an official salary should not automatically exempt parents from fulfilling alimony obligations.

At the same time, the new mechanism creates certain risks for citizens who have actually lost their source of income due to the war.

In particular, a person may not receive a salary for a long time, but his debt will continue to increase.

On the other hand, even a significant amount of accrued debt does not guarantee the actual receipt of funds by the child if the payer has no income or property that can be seized.

Therefore, it is important