Quite often there are situations when the debtor of the maintenance obligation does not fulfill the court’s decision and does not pay child support. The law provides for the accrual of penalties for each day of delay. It would seem that no problems with the calculation of fines may be, the law is clearly defined size – one percent of the amount of unpaid child support for each day of delay. But this is not the case, and as practice shows, the courts calculations differ on this issue.
Let’s look at how to count penalty with reference to the position of the Supreme Court of Ukraine.
Let’s start with the fact that Article 180 of SC of Ukraine set the duty of parents to maintain the child until they reach adulthood.
Liability for failure to perform maintenance obligation aimed at stimulating the debtor – the maintenance payer to pay child support in a timely manner and to a certain extent, compensate for the recipient of alimony for the losses that it has incurred in connection with the delay in their payment.
According to Art. 196 SC in Ukraine, the basis for the recovery of penalties (fines) is culpable conduct of the maintenance payer. At the same time as a general rule a form of guilt – intent or negligence does not matter. In this case, you must start from the presumption of guilt of the person obliged to pay child support and past due fulfillment of the obligation.
It is possible to emphasize that the penalty in the form of fines, provided that provision of the Family Code, is a universal way to provide any monetary obligation, regardless of the basis of its origin, and therefore rightfully should be applied in respect of maintenance obligation.
It should be noted that the UK provision does not provide for the possibility of penalties for late payment of damages of maintenance – no actual damages or lost profits (as the alimony payments intended for current maintenance for the child, and not to generate revenue).
This norm is clearly defined amount of penalties (fines) for late payment of maintenance: it is set in the amount of one percent of the amount of unpaid child support for each day of delay.
Fixed in this article further stipulates liability measure responsible for the delay in payment of alimony that the person has to pay by a court decision.
The rule for a penalty (fine) in the amount of one percent of the amount of unpaid child support for each day of delay is that when calculating the total amount of penalties for late payment of child support is taken into account the amount of unpaid child support and the number of days of delay.
Since maintenance are charged monthly, the period of performance of this obligation will be different, so the number of days past due child support payments for each month will also be different.
So, a late in the payment of child support is calculated for each periodic payments separately from the date of violation of the payer of alimony their duties according to their payment to the date of the decision by the court, after which the amount of accrued interest for each monthly payment is added and is defined by the total amount of fines for violation of maintenance obligations.
Based on the fact that child support be granted and paid (charged) on a monthly basis, then the meaning of article 196 UK of Ukraine penalty is charged on the entire amount of the debt, and its calculation is limited to the amount of unpaid child support for that month, which has not been the recovery of maintenance.
At the same time the amount owed child support in the previous months does not add to the debt in the next few months, and the number of days of delay is calculated on the basis of the month in which child support is not paid.
That is the penalty (fine) in one month is considered as follows: arrears in child support per month multiplied by 1% interest and the number of days of the month in which the indebtedness and the total amount of penalties (fines) is determined by adding the accrued interest for each overdue payments (per month).