HOW TO RECOVER ALIMONY FROM A FOREIGNER

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If one of the parents not involved in the provision of the child is a foreigner, this does not mean that the borders between states will become an obstacle to the collection of alimony. There are 2 legal mechanisms at once that allow you to do this. In each of these options, the specialists of Prikhodko and Partners can provide high-quality legal support. So, the options are as follows - a lawsuit in the Ukrainian court or in the court of the state where the debtor lives.

Legal grounds for collecting alimony

Art. 180 of the Family Code of Ukraine provides that parents are obliged to support a child until he reaches the age of 18. And if the child continues education, then we are talking about the age of up to 23 years. It is also important that the responsibility for the maintenance of the child is assigned to both parents.

As for the amount of alimony, there are two possible options - it is either agreed by the parents themselves on the basis of mutual agreement, or it is determined by the court.

Recovery of alimony from a foreign father through a Ukrainian court, when a person lives in Ukraine, is possible at the place of his registration. This is how the principle of jurisdiction is defined in this case. It is also possible to sue in the court of the state with which he is in political and legal relations of citizenship or citizenship.

Algorithm for solving the problem through the Ukrainian court

In this case, you need to correctly draw up a statement of claim, adding to it the following documents:

birth certificate of the child;
claimant's passport;
marriage or divorce certificate;
a certificate confirming the father's income;
a copy of the document certifying the payment of the court fee.

Sometimes plaintiffs have a question what to do if this income certificate is not available. In such a case, the plaintiff may name the previous amount and indicate details of the profession, position and approximate salary paid in such a position in the country where the person lives.

So, how can our services be useful in this case:

We provide high-quality, complete and comprehensive advice on how to act specifically in your situation. This means that you do not need to independently search for the necessary legal norms and think about how to select and adapt them to your request.
Assistance in preparing the necessary documents and drawing up a statement of claim. The final decision of the court often depends on the literacy and validity of its content.
Representation in court, thanks to which the chances of obtaining a positive decision are greatly increased.

When a person tries to deal with this issue on his own, he spends a lot of time searching for relevant information about legal norms, principles of jurisdiction, rules for drawing up an application. In the case of contacting specialists, it is they who take on this burden.

Algorithm for solving the problem through a foreign court

Sometimes, hearing about the court of another state, people mistakenly believe that they will have to go there. And this stops from a constructive solution to the problem. However, you don't really need to go anywhere. The application and other accompanying documents are submitted at the place of your registration to the relevant territorial department of the Ministry of Justice.

There is a Convention on the Recovery of Alimony Abroad, which Ukraine has joined. Most of the countries of the world are also affiliated to this Convention. In this case, an appeal is submitted to the territorial department of the Ministry of Justice on the decision to collect alimony on the basis of the Convention, as well as an application for this. They must be drawn up and executed in accordance with the Instructions for the implementation of the said Convention in Ukraine.

The following supporting documents are also attached to the application:

a copy of a document confirming the family ties of the defendant and the child (this can be not only a birth certificate, but also a court decision to establish paternity);
photo of the plaintiff;
a power of attorney, according to which the body of the Contracting Party has the right to act on behalf of the claimant (the document requires notarization);
translation of documents into the language of the country in which the lawsuit is filed (the translation must also be certified in the prescribed manner).