People will be arrested for non-payment of maintenance in Kyrgyzstan

Kyrgyzstan is tightening the penalties for evading child maintenance payments. President Sadyr Japarov signed the relevant amendments to the law on changes to enforcement proceedings on 3 June. The document not only expands the powers of bailiffs but also introduces additional measures to hold debtors to account.

Under the amendments to the Code of Administrative Offences, administrative liability is introduced for parents who fail to comply with a court order for the payment of maintenance that has entered into force. If arrears accumulate for more than three consecutive months or exceed a total of three months within a year, the offender may face administrative detention for up to three days.

In the event of a repeat offence committed within 12 months of being held liable, the penalties become more severe: the term of administrative detention is increased to seven days.

The new rules will affect more than just parents. Administrative detention of up to three days is also provided for adult children of working age who evade their statutory duty to support their parents who are unable to work and in need of financial assistance.

At the same time, the law provides for the possibility of avoiding punishment if obligations are voluntarily fulfilled. If the debtor fully repays the maintenance arrears, they are exempt from administrative liability.

The amendments also affect the Criminal Code. For citizens who maliciously evade the payment of maintenance, the possibility of exemption from criminal liability is significantly restricted. It will now only be possible to make use of the legal mechanisms for exemption after the debt has been fully repaid.

In essence, payment of the entire debt becomes a mandatory condition for the application of a number of legal mechanisms allowing one to avoid criminal liability. Until the debt to the maintenance recipient has been fully settled, the debtor will bear all the consequences provided for by law.

The recovery of maintenance payments continues to be carried out through enforcement proceedings. Bailiffs are entitled to apply a wide range of enforcement measures, including the attachment of the debtor’s funds and property, and other restrictions provided for by law aimed at enforcing the court decision.

The new measures are intended to enhance the protection of the rights of children and other citizens entitled to maintenance, as well as to reduce the number of cases of prolonged evasion of maintenance obligations.