HOW TO RECEIVE ALIMENTS FROM THE FATHER OF A CHILD WHO LEAVES FOR PERMANENT RESIDENCE IN ANOTHER COUNTRY?

 Recently, we have been increasingly approached by women to collect alimony from ex-husbands who live and work abroad and go to another country for permanent residence.

 As a rule, they receive a fairly high salary there, and in Ukraine they continue to pay alimony in the minimum amount. The situation can be complicated if a person leaves for permanent residence in a country with which Ukraine has not concluded an international agreement on legal assistance.

⟪ What to do in this case and how to act? ⟫

 Consider the example of a court decision on alimony deducted from the salary of a man who worked in a Ukrainian company, but decided to move to a country with which Ukraine has not concluded an agreement on legal assistance.

 The court collected alimony from the husband in favor of his wife once for the maintenance of the daughter for the entire period - from the date of filing the claim until the child reaches the age of majority, in connection with the husband's permanent residence in a country with which Ukraine has not entered into a legal agreement. aid to Israel. The court hearing established that the man intends to move to Israel for permanent residence, the parties did not agree on the settlement of alimony obligations in a contractual manner. Therefore, the court determined the total amount of alimony based on the husband's salary for the last month before going abroad.

⟪ One of the conditions for obtaining a passport to travel abroad and obtaining a permit to leave for permanent residence in Ukraine is to submit to the bodies of the State Migration Service evidence of settlement of alimony obligations. ⟫

 Therefore, the debtor will not be able to go abroad if he has arrears of alimony or unresolved dispute over them. A person who goes abroad must voluntarily settle alimony obligations with the person with whom the child remains by drawing up an agreement between them on the maintenance of the child until he or she reaches the age of majority or an agreement on termination of child support in connection with the transfer of ownership. of real estate. If the alimony obligations have not been fulfilled by the person leaving, the recovery of alimony is carried out by a court decision.

 In this case, you should not delay and go to court. According to the court's decision, alimony can be collected for the entire period until the child reaches the age of majority. Alimony is collected in this case before departure once for the entire period until the child reaches the age of majority, based on his salary for the last month of work at the time of departure, or five times the tax-free minimum income at the time of payment. Therefore, the amount of alimony in this case will be much larger.

 In this case, it is necessary to prove the fact of residence of the person and his work under the contract in another country, his place of work in Ukraine before the conclusion of the contract abroad and official income. In addition, it is necessary to confirm the fact of the person's intention to go abroad for permanent residence.

 In most cases, a person who intends to go abroad for permanent residence denies this fact, and it is extremely difficult to prove his intentions. Therefore, the courts proceed from Part 7 of Art. 181 of the IC of Ukraine, which states that if after the entry into force of a court decision on the payment of alimony for the entire period until the child reaches the age of majority, the person with whom alimony is collected continues to reside in Ukraine or returns to Ukraine for permanent residence. to determine the amount of alimony, the court may establish a periodic recovery of alimony, taking into account the amount paid.