Child support should be used for its intended purpose — food, clothing, medicine, education, or development. If the payer has doubts that the funds are not being spent on the child, he can initiate an audit.
How such a check is carried out, who conducts it, and in what cases it may be refused - explain the lawyers of the free legal aid system.
Can the alimony payer demand reporting?
No. The verification of the intended use of funds is carried out by the guardianship and trusteeship bodies.
The recipient of alimony may provide information (checks, photos) voluntarily, but is not obligated to do so.
How to initiate a review
Apply to
- district state administration
- executive body of the city, village, settlement council of the ATC
- or child services at the place of residence of the support recipient.
If there is arrears in alimony, they may refuse to conduct an inspection.
What documents are needed?
- calculation of arrears in alimony payments for the last 12 months (issued by the state enforcement service or private enforcement agent)
- if alimony is paid not by court order, but by agreement - copies of other documents confirming the payment of child support and its amount
- information about the place of residence of the alimony recipient.
In case of repeated application within a year, a new calculation is required from the date of the previous check.
How is the verification done?
Who is conducting?
- Children's Service at the place of residence of the alimony recipient.
- At least 2 officials participate.
- If necessary, a psychologist, social educator, or social work specialist is involved.
Terms
- Visits - within 30 calendar days from the date of application.
- If there are valid reasons (illness, departure, etc.) - up to 45 days.
What a child support recipient should know
Notification of the inspection must be made no later than 7 days before the visit.
Time and date are agreed upon by phone or email.
Obstruction of inspection visits is subject to administrative liability - a fine of 850 to 1,700 UAH.
What is checked?
The amount of alimony is taken into account.
Up to 2 subsistence minimums for a child of the appropriate age - basic needs are assessed:
- food, necessary medicines, clothing and footwear, toys and other means for the child's development and education, according to their age.
More than 2 subsistence minimums for a child of the appropriate age - additional attention is paid to:
- availability of additional means for learning or development (musical instruments, sports equipment)
- child's attendance at clubs, sections, courses
- opening an account in the child's name, etc.
General condition of the child:
- appearance and grooming
- her well-being
- other signs indicating its health and development.
A child's opinion — if she has reached the age and level of development where she can express her opinion.
Can to ask for information to a kindergarten or school, a medical facility, social services, housing and communal services providers, etc.
What's next?
A conclusion based on the inspection results is drawn up within 5 working days.
Copies are sent to the payer and recipient of the alimony.
If signs of misuse of funds are detected
The alimony payer may file a lawsuit with the court regarding:
- reduction of alimony
- or depositing part of the child support into the child's personal account.
Where to get legal support
Everyone can get free legal advice from the free legal aid system. Lawyers will advise on the rights and obligations of parents as a payer or recipient of alimony, and explain what to do if one of the parents fails to fulfill their obligations.
Some categories of people are also entitled to free legal aid when applying to court. These are IDPs, children, people with low incomes (able-bodied people – with income up to 6056 UAH/month; pensioners (by age, years of service) – 4722 UAH/month; disabled people – if their pension or social assistance is up to 6056 UAH), war veterans (other categories are listed in Article 14 of the Law of Ukraine «On Free Legal Aid»). Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.
How to apply to the BPD provision system