Reduction of the late payment penalty on child support from 394,684.10 UAH to 200,000 UAH

Case Summary

A client contacted LLC «PRAVOVYI LIDER» in the interests of her son, against whom a court claim had been filed for recovery of a penalty for late payment of alimony.

The other party sought to recover a penalty in the amount of UAH 394,684.10.

Given the significant amount claimed, it was necessary to develop a legal position, provide the court with explanations regarding the circumstances of the debt, and achieve a reduction of the financial burden on the client.

Client’s Problem

The main problem was that UAH 394,684.10 in penalties for late payment of alimony was claimed for recovery.

At the same time, the client was performing military service, including participating in measures to ensure the defense of Ukraine, and the performance of service objectively complicated the ability to monitor the course of the enforcement proceedings.

The case materials also indicated a long absence of active enforcement actions regarding verification of income and timely recovery of alimony.

It was necessary to prove to the court the circumstances that mattered for determining a fair and proportionate amount of the penalty.

What the Lawyers Did

The lawyers of LLC «PRAVOVYI LIDER» analyzed the case materials, the debt calculation, and the circumstances of the client’s military service.

During the legal support, the lawyers:

• analyzed the claimed calculation of the alimony penalty;
• prepared written explanations regarding the circumstances of the debt;
• collected and submitted evidence of the client’s military service;
• substantiated the circumstances that complicated timely fulfillment of the alimony obligation;
• sent the necessary requests to the state enforcement service authorities;
• analyzed the actions of the enforcement officer within the enforcement proceedings;
• formed a legal position regarding the need to reduce the amount of the penalty;
• ensured representation of the client’s interests during the court hearing.

Result

The Bila Tserkva City District Court of Kyiv Region partially satisfied the claim for recovery of the penalty for late payment of alimony.

The court took into account the circumstances established in the case, the financial and family situation of the alimony payer, as well as the need to maintain a fair balance between the interests of the parties.

As a result, the amount of the penalty was reduced from UAH 394,684.10 to UAH 200,000.

Thus, the recovery amount was reduced by UAH 194,684.10.

Thanks to the professional legal support of LLC «PRAVOVYI LIDER», it was possible to substantiate the need to reduce the claimed penalty and significantly lower the financial burden on the client.

Official Documents

The case involved materials of the enforcement proceedings, the calculation of alimony arrears, documents regarding military service, written explanations of the defense, responses from state enforcement service authorities, and the decision of the Bila Tserkva City District Court of Kyiv Region.

Case No. 357/3657/26