How the amount of child support is determined and calculated from military personnel’s financial support — a detailed explanation

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Child support is withheld from military personnel’s financial support, including combat payments of 30K/50K/100K. One-time and compensatory payments are not taken into account.

Divorce, raising children from a distance, or court decisions on child support are life circumstances that do not disappear when one of the parents joins the military. Therefore, it is natural that the families of service members—both men and women—have questions about how child support is calculated from military pay and whether it is deducted from combat payments.

The Ministry of Defence explained which components of military pay are included in the child-support base and how the amount of child support is determined, UNN reports.

Details

The basic rules for withholding child support are the same for military personnel and civilians. They are established by the following legal acts:

  • The Family Code of Ukraine;
    • The Law of Ukraine “On Enforcement Proceedings”;
      • Resolution No. 146 of the Cabinet of Ministers of Ukraine dated February 26, 1993.

        For personnel of the Armed Forces of Ukraine, this mechanism is additionally regulated by Ministry of Defence orders No. 260 dated June 7, 2018 (Procedure for the Payment of Military Pay) and No. 316 dated May 15, 2013.

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        Which payments to military personnel are subject to child-support deductions

        Child support is deducted from all types of military personnel’s pay and other permanent or regular payments established by law.

        That is, the basis for deductions is total military pay, which includes:

        • the position salary and salary for the military rank;
          • the monthly length-of-service allowance;
            • permanent monthly allowances, additional payments, increases to the salary, and bonuses;
              • additional payments that are systematic in nature.

                If child support has been awarded as a share of income, the percentage is applied to the final amount of military pay after taxes and fees have been withheld.

                Combat payments are also included in the child-support base. Infographic by the Ministry of Defence

                Is child support deducted from combat payments?

                Yes. Under the current rules, child support is deducted from the additional remuneration paid during martial law.

                This includes the 30K/50K/100K combat payments and other payments due, including UAH 10,000 for the actual performance of military-service duties and "instructor" payments ranging from UAH 15,000 to 30,000.

                Since these remunerations are paid monthly for a settlement period, they are considered regular types of income. Child support is deducted from the entire total amount.

                Which military payments are not subject to child-support deductions

                However, not all payments to military personnel are taken into account when determining child support. This applies to payments of a one-time, targeted, or compensatory nature that have a specific purpose.

                In particular, the following are excluded from the child-support base:

                • financial assistance for health improvement;
                  • one-time 70K/170K bonuses;
                    • one-time financial assistance in the event of injury, contusion, or disability;
                      • financial assistance to resolve social and household issues;
                        • one-time financial assistance upon discharge;
                          • one-time financial assistance for signing a first contract and other payments from the list approved by Ministry of Defence Order No. 316.

                            At the same time, confusion may arise, for example, regarding "injury payments," since this term usually refers to military pay for the period of treatment, one-time assistance, insurance payments, and so on.

                            Military pay for the period of treatment is included in the child-support base, while one-time assistance is not. Therefore, in some cases, it is worth clarifying the legal nature of the payment based on the documents and checking whether it falls under the exceptions.

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                            What amount of child support is deducted from military pay?

                            The minimum guaranteed amount of child support for one child is no less than 50% of the subsistence minimum for a child of the relevant age.

                            Currently, this is:

                            • for a child under 6 years of age – UAH 1,408.50;
                              • for a child aged 6 to 18 – UAH 1,756.

                                The minimum recommended amount of child support is 100% of the subsistence minimum for a child of the relevant age—UAH 2,817 for children under 6 and UAH 3,512 for children aged 6 to 18. This amount may be set by a court if the child-support payer’s earnings (income) are sufficient.

                                A court may determine the amount of child support if the parents cannot reach an agreement themselves. Infographic by the Ministry of Defence

                                If child support is collected as a share of income through summary proceedings, its amount may not exceed 10 subsistence minimums per child of the relevant age, i.e. a maximum of UAH 28,170 for a child under 6 and UAH 35,120 for a child aged 6 to 18.

                                A child aged 18 to 23 also has the right to maintenance if they continue their education and require financial support from their parents. In such a case, the minimum guaranteed amount of child support is UAH 1,514, and the maximum possible amount is UAH 30,280.

                                If payments are determined specifically as a share of earnings (income), rather than as a fixed amount, the share of financial support used to calculate child support is:

                                • for one child – 1/4;
                                  • for two children – 1/3;
                                    • for three or more children – 1/2.

                                      This share is divided equally among the children. In ordinary proceedings, the court determines the share of income, taking into account the circumstances of the specific case.

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                                      Can the amount of child support be increased

                                      The law allows the amount of child support to be increased or reduced in the event of significant changes in the financial situation and family circumstances of the payer or recipient of child support, as well as in the child’s actual needs.

                                      This can be done either by applying to the court (with evidence of the relevant circumstances) or as a result of an agreement between the parents set out in a notarized contract.

                                      In the latter case, a separate contract must be concluded, which, after being signed by the parties, is subject to mandatory notarization.

                                      Can child support be collected without going to court

                                      Yes. The parents may enter into a child support payment agreement. Such a document must be notarized; it specifies the amount, deadlines and method of payment, and has the force of an enforcement document.

                                      This means that if child support payments stop prematurely, the recipient may apply to a notary to have an enforcement endorsement made, and then submit this enforcement document to a state or private enforcement officer. Thus, there is no need to go to court at this stage.

                                      Child support may also be paid pursuant to an oral agreement between the parents without any documentary formalization. However, an oral agreement does not make it possible to immediately approach an enforcement officer if necessary and may complicate proving the agreed amount and payment deadlines.

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                                      How child support is withheld from financial support

                                      If child support is collected through compulsory enforcement, the enforcement officer sends the military unit a resolution on levying against the servicemember’s income. Through the relevant financial unit, the military unit calculates and withholds the funds from the payments from which child support is collected.

                                      The funds are then transferred to the account of the state enforcement service or private enforcement officer, after which they are received by the recipient.

                                      If the enforcement officer does not know the address of the debtor’s military unit, they may send the documents concerning the collection of child support to the Ministry of Defence of Ukraine so that the documents can be forwarded to the accounting department of the military unit.

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