Child maintenance and the military pay of a missing serviceperson: what payments a child can receive

Publication date: July 3, 2026

The status of a serviceperson missing under special circumstances usually raises questions about how their child’s rights will be secured going forward. Most often, parents want to know whether the obligation to pay child maintenance remains in force and whether a child can receive a share of such a serviceperson’s military pay. Oleksandra Shcherbyna, lawyer at the Bila Tserkva NGO Pravova Yednist (Legal Unity), answers the most common questions and offers several examples of typical legal situations.   

Does the obligation to support a child cease?

No. Under the Family Code of Ukraine, parents are obliged to support their children until they reach the age of majority. The legislation does not provide for release from this obligation on the grounds that a person has acquired the status of missing under special circumstances.

The mere fact that a serviceperson has gone missing therefore does not terminate their parental rights and obligations, and the child retains the right to proper support.

Child maintenance and a share of military pay are different payments

It is important to understand that child maintenance and a share of a serviceperson’s military pay are different legal mechanisms.

Child maintenance is money for a child’s upkeep, recovered from one of the parents on the basis of a court judgment.

A share of military pay is a special payment that may be made to the family members of a missing serviceperson in accordance with the legislation on the social protection of servicepeople.

Military pay continues to accrue to a serviceperson who has gone missing under special circumstances. Part of these funds may be paid out to the persons specified by law.

Who can receive a share of military pay?

The payment procedure depends on whether the serviceperson left a personal instruction on how the funds are to be distributed.

If such an instruction exists, payment is made to the persons and in the shares determined by the serviceperson themselves.

If there is no personal instruction, the right to receive a share of the military pay belongs to:

• the serviceperson’s husband or wife;
• the legal representatives of their young or minor children;
• children with a disability since childhood, regardless of age, or their legal representatives;
• the serviceperson’s parents.

In this case, part of the military pay is distributed among these persons within the limits established by law.

Can child maintenance and a share of military pay be received at the same time?

No. The legislation does not permit simultaneous receipt of child maintenance and a share of the military pay of the same serviceperson.

If a child receives maintenance, they are not included among the persons entitled to a payment of a share of military pay where the serviceperson has gone missing.

That is why, before applying to the court for maintenance or to the military unit to arrange a share of military pay, it is worth deciding which of these mechanisms will be used.

How to recover child maintenance

If maintenance was awarded before the serviceperson went missing, the court judgment remains in force and enforcement proceedings are not terminated automatically.

If maintenance has not previously been recovered, the parent the child lives with has the right to file a claim with the court for the recovery of maintenance.

Bear in mind that there are two ways of recovering maintenance through the courts: writ proceedings and claim proceedings. Writ proceedings are a simplified procedure and are used where all the circumstances of the case are known and are not in dispute. However, where one of the parents has gone missing under special circumstances, the court needs to establish additional facts. In such situations, therefore, one has to apply to the court specifically by way of a claim for the recovery of maintenance.

How to arrange a share of military pay for a child

The child’s legal representative must submit an application to the military unit in which the serviceperson served.

The following are usually attached to the application:

• the applicant’s passport;
• taxpayer registration number;
• the child’s birth certificate;
• bank account details;
• documents confirming legal representative status;
• where available, an extract from the Unified Register of Persons Missing under Special Circumstances.

If the number of the military unit is not known, it is advisable to contact the territorial recruitment and social support centre to obtain the necessary information.

How this works in practice: common situations

Situation 1. The serviceperson left a personal instruction, but no maintenance was being recovered

In this case the military pay will be paid to the persons the serviceperson designated in their personal instruction.

At the same time, the existence of a personal instruction does not terminate the father’s obligation to support the child. The parent the child lives with therefore has the right to file a claim with the court for the recovery of maintenance.

A personal instruction determines the procedure for paying out military pay, but it does not cancel the child’s right to support.

Situation 2. The serviceperson did not leave a personal instruction

In this case the child, through their legal representative, may claim either a share of the military pay or maintenance.

However, it should be borne in mind that persons who receive maintenance from a serviceperson are not included among those between whom a share of military pay is distributed under the general procedure.

Before applying to the court, it is therefore advisable to assess both options and determine which will be more advantageous for the child in the specific situation.

Situation 3. The child is included in the serviceperson’s personal instruction

If the serviceperson named the child among the persons to whom their military pay is to be paid, the child’s legal representative may apply to the military unit to arrange the corresponding payment. In this situation it is worth deciding in advance how the funds for the child will be received.

If the legal representative considers recovery of maintenance more appropriate, they must decline to receive a share of the military pay and file a claim with the court for the recovery of maintenance.

Situation 4. Maintenance was awarded before the serviceperson went missing

In this case the court judgment remains in force. The mere fact that a serviceperson has gone missing does not terminate maintenance obligations and does not cancel the enforcement document that has been issued.

Maintenance therefore continues to be recovered under the procedure established by law.

Situation 5. Maintenance is already being recovered, but the child’s legal representative wants to receive a share of military pay

If there is no personal instruction from the serviceperson, a person receiving maintenance is not included among those between whom a share of the military pay is distributed.

In practice, therefore, it may become necessary to resolve the question of the further enforcement of the court judgment on the recovery of maintenance.

If enforcement of the maintenance judgment is terminated and the enforcement document withdrawn, the child’s legal representative may apply to the military unit for payment of a share of the military pay.

Situation 6. The serviceperson has a child from a previous marriage for whom maintenance is already being recovered

If maintenance for a child from a previous marriage is already being recovered on the basis of a court judgment or an enforcement document, that maintenance continues to be withheld after the serviceperson goes missing under special circumstances. At the same time, such a child is not included among those between whom a share of the serviceperson’s military pay is distributed under the general procedure in the absence of a personal instruction.

That is why, in some cases, a child in whose favour maintenance is being recovered may in fact receive a larger sum than the persons receiving a share of the military pay.

At the same time, every situation is individual, since the size of the payments depends on the amount of the serviceperson’s military pay, the number of persons entitled to payments, and whether a personal instruction exists.

This material was produced by the Legal Development Network public union with the support of the international charitable platform GlobalGiving. The content of this publication is the sole responsibility of the Legal Development Network.

Cover photo for the article: depositphotos.com

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