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Riabchuk Oksana

Specializes in family law and inheritance matters.

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Today, the departure of one of the parents of a child abroad is a fairly common phenomenon, given the migration processes that the war gave rise to. However, regardless of their place of residence, both parents must take their due part in the maintenance of the child and the promotion of its all-round development. Sometimes people think that if the parent who does not pay child support is abroad, then it is impossible to collect them. Such an opinion is erroneous.

Indeed, sometimes the collection of alimony is delayed, taking from 6 months to a year (depending on the country in which the payer lives). However, this does not negate the existence of real mechanisms in order to protect the rights of the child and receive alimony. Such mechanisms are provided by those multilateral international treaties to which our state joined in due time.

What legislation governs this issue

The Convention on the Recovery of Alimony Abroad is an international document adopted back in 1956 and is still in force today. In 2006, our state acceded to this Convention.

In addition, there is another important similar document. This is the Convention on the International Legal Collection of Child Support and Other Types of Family Maintenance. Ukraine joined it in 2013, which further strengthened the possibilities of our state in resolving the above issues.

How to collect child support abroad

There are 2 key mechanisms at work here:

  • If the issue was resolved in a Ukrainian court and there is an appropriate decision, then you can apply with this decision to the authorized body of the state where the debtor lives. An application must be filed for recognition of the judgment and granting permission for its execution in the territory of another state.
  • If there is no decision, then you can apply to such an authorized body of another state with a statement so that it has already adopted it itself. The international normative legal acts mentioned in the previous paragraph are the basis for this.

If you want to follow the first path, but the case has not yet been considered in court, and the debtor is abroad, this does not interfere with the planned case at all. The courts of our state have sufficient powers to consider claims, the subject of which is the recovery of alimony from abroad. A decision is made to collect them in a hard monetary amount. When it has entered into its legal force, it remains to achieve its recognition in the territory of the state where the debtor lives.

You should apply with an application or petition to the territorial department of justice where the debtor lives. Take care of the translation of documents first. The Ministry of Justice of Ukraine sends documents to the authorized body of another state so that the decision of the Ukrainian court is executed.

Is it possible to collect alimony through a foreign court

This option is also possible. Then you apply to the court at the place of residence of the debtor in another state. And that is where it will be done. By the way, such a mechanism does not mean at all that you will need to specially go abroad. You can apply through the territorial department of justice where the claimant lives. There is no problem in this, given the mentioned Conventions, which are the grounds for such an appeal.

However, it is important that the application must be completed in compliance with a number of requirements - from basic contact information and the essence of the application to information about each child and bank account.

Also, other documentation confirming the validity of the claims should be added to the application. In addition, it is worth taking care of the translation of the documents that you submit. Further, the Ministry of Justice of Ukraine will inform you about the progress of the case.

Summing up…

Therefore, the recovery of alimony abroad is quite possible. Of course, the procedure is more complicated due to objective circumstances, but this does not mean that it is necessary to abandon the requirement for the participation of the second parent in the maintenance of the child. This category of cases falls within the competence of the specialists of the law office "Prikhodko and Partners".

We are ready to help you qualitatively at all stages - from the first consultation to the support of the case in the justice authorities. Do not miss the opportunity to defend the rights and interests of your children.

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Specializes in family law and inheritance matters.

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