Missing person does not exempt from alimony: the Rada is preparing amendments to the Family Code

The bill should establish the continuity of the obligation to support a child even in wartime conditions

The Verkhovna Rada has registered bill No. 15109, which proposes to directly establish: the status of a person who has gone missing under special circumstances does not exempt him or her from the obligation to support a child. The corresponding amendments are planned to be made to Article 181 of the Family Code of Ukraine.

Why is this important

The current legislation already defines the obligation of parents to support a child (Article 180 of the Family Code of Ukraine) and the methods of its implementation – voluntarily or through the court. At the same time, the issue of alimony in cases of disappearance under special circumstances is still not clearly regulated.

The new bill should eliminate this gap and consolidate the approach that has already been formed in judicial practice: family obligations do not cease due to the absence of a person.

The impact of war on legal regulation

The relevance of the changes is directly related to the full-scale war. According to preliminary data, more than 90 thousand Ukrainians are considered missing under special circumstances – including military and civilian.

In such situations, a complex legal conflict arises:

a person formally remains obliged to pay alimony;

in fact, he cannot fulfill this obligation;

access to his income or property is often limited.

This creates risks for children, who may be left without proper maintenance or receive it with delays.

Case law has already determined the approach

Despite the absence of a direct norm, courts have repeatedly emphasized: the status of a missing person does not terminate alimony obligations.

An illustrative case is considered by the Khmelnytskyi Court of Appeal. The court confirmed that a father-serviceman who disappeared while performing a combat mission is not released from the obligation to support his children. In this case, alimony can be collected from his financial security, which is kept by him.

What remains unresolved

At the same time, the draft law currently lacks a clear mechanism for implementing this provision. In particular, it does not specify:

how exactly access to the funds of a missing person will be ensured;
who will be responsible for enforcing decisions on the collection of alimony;
how to act in cases of complete lack of income.