Non-Payment of Alimony: Legal Sanctions and Consequences for Debtors

The obligation to pay alimony is directly established by Articles 180–183 of the Family Code of Ukraine. It is not only about financial transfers but about the constitutional right of a child to proper material support. That is why the state has set strict sanctions for those who evade this duty.

According to “Opendatabot,” as of July 2025, more than 187,000 enforcement proceedings have been opened in Ukraine due to unpaid alimony. This figure shows that non-payment has ceased to be an isolated issue and has become a systemic social problem.

Financial Consequences

Under Article 196 of the Family Code of Ukraine, a debtor must pay a penalty of 1% for each day of delay. In addition, the Law of Ukraine “On Enforcement Proceedings” (Art. 71) provides for additional fines imposed by enforcement officers:

• 20% of the debt amount — for arrears exceeding 1 year;
• 30% — for arrears exceeding 2 years;
• 50% — for arrears exceeding 3 years.

These sanctions significantly increase the overall debt burden and create serious risks for the payer.

Restrictions on Rights

If the debt exceeds four months’ worth of payments (or three months in the case of a child with a disability), the enforcement officer may impose temporary restrictions such as: prohibition on leaving the country, driving vehicles, carrying weapons, or engaging in hunting. These measures are established by the Law of Ukraine “On Enforcement Proceedings” (Art. 71¹) and are actively applied in practice.

Liability: Administrative and Criminal

• Administrative liability: Article 183-1 of the Code of Ukraine on Administrative Offenses (CUAO) states that a debtor with arrears exceeding six months may be sentenced to community service from 120 to 200 hours (and up to 360 hours for repeated violations).
• Criminal liability: Article 164 of the Criminal Code of Ukraine defines malicious evasion of alimony payments (arrears exceeding 3 months) as a criminal offense. Sanctions may include community service, probation supervision, or restriction of liberty.

Impact on Mobilization Guarantees

An additional aspect concerns military duty. Cabinet of Ministers Resolution No. 560 of May 16, 2024 explicitly requires that, in order to obtain a deferral from mobilization on the basis of supporting three or more children, the conscript must provide a certificate from the Unified Debtors’ Register confirming the absence of alimony arrears. Thus, even a few months of debt effectively deprives a person of the right to such a deferral.

Practical Advice for Both Sides

If you are a recipient of alimony, you should:

• file the writ of execution with a state or private enforcement officer;
• demand that all available enforcement measures be applied;
• in cases of malicious evasion — initiate criminal proceedings.

If you are a payer, remember:

• voluntary and timely payments minimize legal risks;
• in case of objective reasons for arrears (illness, job loss, military service), you may file a claim to reduce the alimony amount;
• all payments should be made officially to prove good faith.

Conclusion

Alimony is not a punishment for one parent but a guarantee for the child. The law protects those who prioritize the best interests of the minor. At the same time, judicial practice shows that even in conflict situations, there is room for agreements. And in every case, lawyers emphasize: a child must not become a hostage to adult disputes.