Supreme Court: Payments to the family of a missing serviceman are not income from which alimony is withheld

Payment of a part of the financial support of a missing serviceman to a family member is not considered the recipient’s personal income, and therefore cannot be the basis for calculating alimony. The Supreme Court reached this conclusion in its resolution of July 22, 2026 in case No. 211/3391/20.

The dispute arose during the execution of a court decision to collect alimony from the father for the maintenance of the child. According to the court decision, the husband had to pay one-fourth of all types of his earnings and income.

At the same time, the collector believed that when calculating the debt, the state bailiff should have taken into account not only the salary and pension of the alimony payer, but also the funds that he received as a member of the family of his eldest son, a serviceman who went missing.

The court of first instance supported this position and ordered a new calculation of the debt. However, the appellate court overturned this decision, noting that the relevant payments remain the financial support of the serviceman and do not acquire the status of personal income of his family member, who actually receives them.

The Supreme Court agreed with the conclusions of the appellate court and left its decision unchanged.

In its ruling, the court drew attention to the fact that the mere fact of receipt of funds into the payer’s bank account is not enough to determine the basis for calculating alimony.

The court emphasized that it is necessary to establish the legal nature of the payment, its intended purpose, and the person to whom these funds belong in accordance with the law.

Thus, if the payment is made as part of the financial support of a missing serviceman to his family, it does not become the family member’s own income and is not subject to consideration when determining the amount of alimony.

This legal position of the Supreme Court is of important practical importance for state bailiffs, courts, and participants in enforcement proceedings, as it confirms that for calculating alimony, the decisive factor is not the fact of receiving funds, but their legal status and legislative purpose.