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.
Collection of alimony from seafarers abroad
Why do the most questions arise with seafarers
Ukrainian legislation establishes the obligation of parents to support a child until adulthood. How exactly this is done can be determined by the parties themselves.
If it is not possible to agree, the issue is resolved through the court, and then through enforcement.
In the case of seafarers, the difficulty is usually not in the right to alimony itself, but in the practice of its collection. Income is often irregular, paid in foreign currency, the employer may be in another state, and the contract is concluded through an intermediary.
Because of this, it is important to immediately build the case so that the solution does not remain “for the folder”, but works in real life, including abroad.
Alimony in Ukraine can be determined as a share of all types of earnings and income or in a fixed amount of money.
For seafarers, the choice of uniform is crucial: a fixed amount is often more convenient when income is variable, and a share of the income can better protect the interests of the child if it is possible to confirm the real level of earnings.
A no-trial arrangement when the seafarer is willing to pay
If the seafarer does not deny the obligation to support the child and wants to fix the procedure and amount of payments, the strongest tool for a peaceful settlement is a notarized agreement on the payment of alimony.
It determines the amount, terms and method of payment, and in case of violation, it can be the basis for enforcement.
This format is convenient for both parties. The payer understands how much and when he pays, and reduces the risk of “transferred, and then they said that he did not pay.” The recipient receives predictable support and legal certainty.
If there is an agreement, but the contract is not concluded and payments go “just like that”, it is critically important to keep confirmation of transfers. In maritime histories, this is especially true due to currency transactions, various banks and often irregular payments for voyages.
When you can’t do without a court and how to choose the right form of alimony
The lawsuit becomes inevitable if there is no agreement, the payer evades, hides income or provides assistance sporadically.
In court, you can ask for alimony in a fixed amount or in a share of income.
A fixed amount is often used when income is irregular, unstable, or difficult to document all payments.
At the same time, if the seafarer’s income is significant and there is evidence, the share of income may be fairer, because it “pulls” the amount of alimony to real earnings and preserves the usual level of support for the child.
The court, determining the amount of alimony, assesses the needs of the child and the capabilities of the payer, as well as other significant circumstances: state of health, the presence of other children or dependents, property, funds, significant expenses that indicate the actual level of income.
In the case of seafarers, the key issue is proof of income. It is necessary not just to say “he earns a lot”, but to show it documented or logically build a picture of employment and payments.
Calculate the cost of lawyer’s assistance
The following set of evidence most often works:
- employment contracts, additional agreements, correspondence about terms and payments, documents of the crewing company on the voyage
- bank statements on the movement of funds, including foreign currency, for a significant period
- seafarer’s documents on flights and service, which allow you to show the frequency and duration of employment
- data confirming departures and returns, if necessary to prove the consistency of flights
- Indirect evidence of the level of expenditure if there are large purchases or an obviously expensive lifestyle
About crewing companies: why they are important and what can you really get from them
In many maritime cases, people mistakenly perceive the crewing company as an employer.
Most often, she is an intermediary who selects vacancies, draws up documents and organizes the signing of a contract with the shipowner or operator.
The salary is usually calculated and paid not by the crewing, but by the actual employer, so it is often useless to demand a “salary certificate” from the crewing.
At the same time, crewing companies can be a useful source of evidence.
They often have copies of contracts, data about the ship, voyages, periods of work, contacts of the employer, and sometimes confirmation of payment terms. But the terms of storage of documents may be limited, and the response to requests is not always prompt.
Therefore, in the case, it is important not to put everything on one document, but to collect evidence from several sources, in particular through bank documents.
Enforcement of the award in Ukraine and abroad
After the court decision has entered into force, enforcement proceedings are opened. If the seafarer has property, accounts, official income, or is often in Ukraine, Ukrainian enforcement mechanisms can be effective.
In case of accumulation of significant debt, the law provides for temporary restrictions for the debtor, and legal liability for malicious evasion.
If the seafarer actually lives abroad, has accounts or assets there, and it is there that the decision is actually executed, an international element arises.
In such a situation, it is often necessary to recognize and enforce the Ukrainian judgment in the debtor’s state of residence or to apply to the competent authorities of a foreign state under international procedures.
There is an important practical nuance: many countries are more willing to enforce decisions where alimony is determined in a fixed amount of money, and not as a percentage of income.
Therefore, sometimes the strategy of “execution abroad” affects how exactly the requirements are formulated in the Ukrainian court.
How to submit a Ukrainian decision for enforcement abroad through the Ministry of Justice
If there is a decision of a Ukrainian court on the recovery of alimony and the debtor lives outside Ukraine, in practice, the way of transferring documents through the Ministry of Justice of Ukraine as the central authority for the international recovery of alimony is most often used.
The submission takes place through the territorial authorities, after which the materials are transferred to a foreign state according to a procedure that depends on the international treaty and the requirements of the country of execution.
Usually, a package of documents is prepared, which includes a court decision, confirmation of its entry into force, data on the debtor, data on the child, calculation of the debt (if any), as well as translations.
The foreign party may request additional documents or a power of attorney for representation, and this is a normal part of the process.
The regulatory framework on which such cases are based
In such disputes, the following rules are usually applied:
- of the Family Code of Ukraine on the obligation of parents to support the child, methods of determining alimony in a share of income or in a fixed amount, minimum guarantees for the child, as well as on the agreement on the payment of alimony.
- of the Civil Procedure Code of Ukraine regarding jurisdiction, evidence, demand for evidence, notification of parties and consideration of cases in the presence of a foreign element.
- of the Law of Ukraine “On Enforcement Proceedings” regarding the opening of enforcement proceedings, enforcement measures and temporary restrictions for debtors with significant debts.
- of the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on liability for evasion of alimony payment in cases provided for by law.
- the Law of Ukraine “On Private International Law” and international treaties that apply to the international recovery of alimony depending on the debtor’s country of residence.
What exactly does a lawyer do in such cases
In “sea” alimony, the lawyer works for the result, that is, for the possibility of real recovery of money, and not only for obtaining a decision.
In practice, it looks like this:
- assesses which way is more effective in a particular situation: a notarial contract, a court in Ukraine with subsequent international enforcement, or parallel steps in a foreign jurisdiction
- the form of alimony and the formulation of requirements are chosen, taking into account the future performance abroad
- the evidence base is collected specifically for the seafarer: contracts, bank data, flight documents, data on the actual place of residence and assets
- procedural motions are prepared to demand evidence if it is impossible to obtain it independently
- after the court decision, enforcement is organized: in Ukraine through the executor and, if necessary, through the mechanism of transfer for execution abroad through the Ministry of Justice.
Calculate the cost of services
1 question
Do you know the crewing company, shipowner or employer of the seafarer?
2 question
Do you have any proof of his income (contracts, bank receipts, transfers)?
3 question
Is the seafarer mostly abroad and does not actually reside in Ukraine?
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