Head of family law practice

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

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Collection of alimony from a person residing abroad

Collection of alimony from a person residing abroad

If one of the child’s parents has left abroad and is evading payment of alimony, it can be collected through a court in Ukraine or at the debtor’s place of residence abroad.

In this process, an important role is played by the collection of alimony in two ways:

  1. Voluntary fulfillment of obligations

If the debtor agrees to pay alimony, the parties can draw up:

  • Voluntary agreement on the payment of alimony (notarized agreement).
  • Written commitment to monthly transfer of funds.
  • Bank or international money transfers (Western Union, PayPal, SWIFT, etc.).

If the debtor resides in an EU country, the USA, Canada, or another country that recognizes notarial agreements, the agreement can be legalized or apostilled.

  1. Judicial collection of alimony

If the debtor evades voluntary payment, the recipient may go to court.

Where to apply:

  • To the court in Ukraine – at the place of residence of the recipient or the last place of residence of the debtor in Ukraine.
  • To the court of the debtor’s country of residence, if there is legal aid for Ukraine there.

The court issues a decision to collect alimony as a percentage of income or as a fixed amount.

What international treaties regulate the issue of collecting alimony abroad?

  • Hague Convention 2007 (for EU countries, USA, Canada and others)

Ukraine is a party to the Hague Convention on the International Recovery of Alimony. If the debtor is located in a country that has signed this agreement, the recipient can submit an application to the Ministry of Justice of Ukraine, which will forward it to the relevant authorities of the foreign state.

  • New York Convention of 1956

This convention allows for the enforcement of Ukrainian court decisions in countries that have signed it (in particular, in the CIS countries).

  • Ukraine’s bilateral legal assistance agreements

Ukraine has mutual legal assistance agreements with the following countries:

  • CIS countries (Belarus, Kazakhstan, Moldova, Uzbekistan, etc.).
  • EU countries (Poland, Czech Republic, Slovakia, etc.).
  • USA, Canada and some other countries.

Within the framework of such agreements, documents for the enforcement of a court decision can be submitted directly to the court of a foreign state.

Collection of alimony through the Ministry of Justice of Ukraine

If the debtor’s country is a party to The Hague or New York Convention, the recipient can submit an application through the Ministry of Justice of Ukraine.

Algorithm for submitting documents through the Ministry of Justice

  • File an application for the collection of alimony.
  • Attach a copy of the court decision (certified).
  • Provide a translation of the court decision into the language of the debtor’s country.
  • Submit documents through the Department of Justice at your place of residence in Ukraine.

The Ministry of Justice of Ukraine transfers the documents to the competent authority of the foreign state, which considers the case and ensures the execution of the decision.

Liability of the debtor for non-payment of alimony

If the debtor does not pay alimony, sanctions may be applied to him both in Ukraine and in a foreign country.

Influence measures in Ukraine:

  • Ban on traveling abroad (but only if the debtor has active property obligations in Ukraine).
  • Seizure of property and bank accounts.
  • Criminal prosecution (under Article 164 of the Criminal Code of Ukraine – evasion of alimony payment).

Influence measures in foreign countries:

  • Enforcement through bailiffs.
  • Restrictions on leaving the country.
  • Deprivation of driving license (valid in some EU countries and the USA).
  • Accrual of penalties or interest for late payments.

Recommendations

  • If the debtor voluntarily pays alimony – it is better to conclude a notarial agreement and monitor the fulfillment of obligations.
  • If the debtor does not pay – you need to go to court in Ukraine or submit an application through the Ministry of Justice for international enforcement.
  • If the debtor lives in a country that has an agreement with Ukraine – the judgment will be recognized and enforced there.
  • If the debtor is in hiding – it is worth going to court with a request for an international wanted list through Interpol (but this is only possible in cases of large debts).
It will also be useful: Collection of alimony abroad

Why is it worth it to contact a lawyer in the case of collecting alimentation from a person who is abroad?

Collecting alimony from a debtor residing abroad is a complex process that requires knowledge of international law, procedural nuances, and the specifics of a particular country.

Applying on your own without legal assistance may result in delays, return of documents, or even refusal to collect alimony.

  1. The complexity of international law

The collection of alimony is regulated by several legal systems at once:

  • The lawyer will determine, what legal mechanisms should be applied to ensure that the process is effective.
  • Will check whether there is a legal aid agreement between Ukraine and the debtor’s country of residence.
  • Explain what rights a child support recipient has in a particular state.

Example: In France, there is a special state fund that pays alimony instead of the debtor if he evades payment. A lawyer will help you properly file the application.

  1. Correct documentation

Documents submitted to collect alimony abroad must meet the requirements of the debtor’s country.

A lawyer will help:

  • Compose a correct legal text without errors.
  • Translate documents in accordance with the requirements of the debtor’s country.
  • Legalize documents through apostille or consular legalization (depending on the country).
  • Send documents to the correct authority without the risk of rejection.

Example: If the debtor lives in the USA, the decision of the Ukrainian court must be legalized under The Hague Convention and filed with the court of the relevant state.

  1. Specificity of collection in specific countries

Each country has its own rules and procedures for enforcing alimony decisions. A lawyer knows how the collection system works in different countries:

The lawyer will determine how to act in a specific case and direct the application to the correct institution.

Example: In Austria, a court can garnish a portion of a debtor’s salary. But first, you need to file an application with the Bezirksgericht (district court) — a lawyer knows how to do this properly.

  1. Cooperation with the Ministry of Justice and bailiffs

A lawyer will help:

  • Prepare a statement to the Ministry of Justice of Ukraine.
  • Send documents to competent authorities abroad.
  • Control the process– sometimes additional correspondence or clarification is required.

Example: In Italy, a Ukrainian court decision is enforced only after confirmation in a local court. A lawyer knows how to speed up this process.

  1. Debtor’s liability and sanctions

If the debtor evades paying alimony, sanctions may be applied to him both in Ukraine and in a foreign country.

Ukrainian sanctions:

  • Ban on leaving Ukraine (if the debtor has property in Ukraine).
  • Seizure of property and bank accounts.
  • Criminal prosecution (Article 164 of the Criminal Code of Ukraine).

Sanctions abroad:

  • USA – possible deprivation of driving license, salary garnishment, fines.
  • France – failure to pay alimony for more than 2 months is punishable by a fine of up to €15,000 or imprisonment.
  • Canada – passport blocking and travel ban.
  • Poland, Czech Republic – may put the debtor on the international wanted list.

A lawyer will help initiate such sanctions against the debtor if he evades payments.

Example: In Spain, evading alimony payments for more than 3 months can be punishable by imprisonment. But for this you need to apply to the local court correctly – only an experienced lawyer can do this.

Contacting a lawyer in such a situation, it is not just a convenience, but a necessity.

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