- Features of alimony obligations with the participation of foreign citizens
- Family lawyer
- Alimony obligations of parents
- Recovery of alimony from parents living abroad
- Failure to fulfill alimony obligations
- Convention on the Recovery of Alimony Abroad
- Consultation of a family lawyer in case of alimony from a foreigner
- Frequently asked questions to a lawyer
Features of alimony obligations with the participation of foreign citizens
The child’s right to maintenance is not terminated in circumstances such as the relocation of the child or one of the parents who pay alimony for permanent residence abroad and their change of citizenship.
The Law of Ukraine “On Private International Law” stipulates that the rights and obligations of parents and children are determined by the child’s personal law or by a law that is closely related to the relevant relationship and if it is more favorable for the child (Article 66).
Family lawyer
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Alimony obligations of parents
In accordance with Art. 67 of the Law, maintenance obligations arising from family relations, except for the cases provided for in Article 66 of this Law, are governed by the law of the state in which the person entitled to maintenance has a place of residence.
If the person concerned is unable to obtain alimony in accordance with the above rights, the law of their general personal law shall apply.
If this is not possible and according to the latter law, the law of the state in which the person obliged to provide the content has a place of residence will apply.
A separate rule is devoted to the solution of the conflict problem of the maintenance of relatives and other family members (except for parents and children) (Article 68).
According to the law, the requirement for the maintenance of the said persons cannot be satisfied if, in accordance with the law of the place of residence of the person obliged to provide the maintenance, such a maintenance obligation does not exist.
Recovery of alimony from parents living abroad
In the event that one of the parents leaves the country for permanent residence in a state with which Ukraine does not have an agreement on the provision of legal assistance, alimony is collected in the manner established by the Cabinet of Ministers of Ukraine.
This provision is implemented in accordance with the Procedure for the collection of alimony for a child (children) in case of departure of one of the parents for permanent residence in a foreign state, with which an agreement on the provision of legal assistance has not been concluded, approved by the Resolution of the Cabinet of Ministers of Ukraine dated August 19, 2002 No. 1203.
This Procedure stipulates that in the event that one of the parents, who is a citizen of Ukraine, leaves for permanent residence in a foreign state with which Ukraine does not have an agreement on the provision of legal assistance, he is obliged to fulfill the alimony obligations to support the child (children) until they reach (by them) coming of age.
These obligations are formalized in the form of an agreement between this person and the parent with whom the child (children) remains, or her guardian, trustee, or an agreement on the termination of the right to alimony for the child (children) in connection with the transfer of ownership of real estate ( dwelling house, apartment, land plot, etc.).
Failure to fulfill alimony obligations
In case of non-fulfillment of alimony obligations by a person who travels abroad, the recovery of alimony is carried out by a court decision.
In order to prevent parents from evading the obligation to support their children until they reach the age of majority, it has been established that a person who travels abroad for permanent residence, simultaneously with an application for the issuance of a passport of a citizen of Ukraine for traveling abroad or drawing up the corresponding page in the passport if there is a child (or children), who remains to live in Ukraine, submits to the passport service of the internal affairs body at the place of his permanent residence in Ukraine, an agreement on the payment of child support or a notarized statement that the recipient of alimony does not have requirements to collect alimony payments, or a copy of the court decision on payment of alimony.
By the time of receipt of the passport, the specified person is obliged to submit to the internal affairs body at the place of his permanent residence in Ukraine a corresponding document confirming his fulfillment of alimony obligations – a notarized statement that the recipient of alimony does not have requirements to collect alimony payments (if the application was not submitted earlier) or a notarized copy of the decision of the state executor on the end of enforcement proceedings (if the collection of alimony was carried out by a court decision).
In case of non-fulfillment of alimony obligations at the time of obtaining a passport to a person who leaves for permanent residence abroad, the restrictions provided for by current legislation are applied.
A person who has left Ukraine for a temporary stay and has a minor or minor child (children) in Ukraine, in case of violation, a petition to leave for permanent residence abroad, submits to the diplomatic mission or consular office of Ukraine abroad the documents provided for in paragraph 2 of this Procedure ( in particular, an agreement on the payment of alimony, or a notarized statement that the recipient of alimony does not have any requirements for the recovery of alimony payments, or a copy of the court’s decision on the payment of alimony).
In the event that there are unsettled alimony obligations, the head of the diplomatic mission or consular office of Ukraine abroad refuses to satisfy the application until the circumstances that prevent this are eliminated.
Convention on the Recovery of Alimony Abroad
On July 20, 2006, Ukraine joined the Convention on the Recovery of Alimony Abroad.
61 states of the world are parties to this Convention (Australia, Algeria, Argentina, Barbados, Belgium, Belarus, Bosnia and Herzegovina, Brazil, Burkina Faso, Vatican, Great Britain, Haiti, Guatemala, Greece, Denmark, Ecuador, Estonia, Israel, Ireland, Spain, Italy, Cape Verde, Kazakhstan, Cyprus, Kyrgyzstan, Colombia, Germany, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Monaco, Morocco, Niger, Netherlands, New Zealand, Norway, Pakistan, Poland, Portugal, Romania, Seychelles Serbia, Slovakia, Slovenia, Suriname, Tunisia, Turkey, Uruguay, Hungary, Philippines, Finland, France, Croatia).
The Convention allows not only to recognize and implement the decision of the court of Ukraine in the territories of these states, but also, on the basis of the documents provided, to make a decision on the recovery of alimony in these states.
In particular, in the case when there is no decision of the Ukrainian court to collect alimony from the defendant living abroad, the documents necessary for considering the case on the merits are sent to the state through the Ministry of Justice.
An appeal to resolve the issue of collecting alimony on the basis of the Convention shall be drawn up by the plaintiff in writing in any form.
The application is accompanied by a statement on the recovery of alimony on the basis of the Convention on the Recovery of Alimony Abroad, as well as a translation of the application and documents attached to it into the official language of the country in which it is proposed to recover the alimony, and if this is not possible, into English or French.
The application is sent to the Ministry of Justice of Ukraine through the territorial department of justice.
The Ministry of Justice sends an application to the authority of the country where the defendant is located within one month from the date of its receipt.
The Convention on the Recovery of Alimony Abroad also allows the execution of the decision of the Ukrainian court on the recovery of alimony.
Consultation of a family lawyer in case of alimony from a foreigner
If you do not know what is the best way to solve the case for alimony from a foreigner, then you should contact lawyers who specialize in matters in the field of family law.
A family lawyer will help you quickly and efficiently resolve the case of alimony from a foreigner in your favor!
How a family lawyer can help:
- choose the right tactics for solving your question;
- quickly collect the necessary package of documents;
- accompany you in court or resolve a case without your presence;
- achieve the desired result in a short time.
In order to get advice from our family lawyer, you just need to call or write to us in any messenger (Viber, WhatSapp, Telegram).
Do not delay with the question about alimony from a foreigner, call our lawyers in the field of family law.
Frequently asked questions to a lawyer
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payment of alimony from foreigners
Convention on the Recovery of Alimony Abroad
Convention on the recovery of alimony abroad list of countries
if the child’s father is a foreigner
YANDEX
instructions on the implementation in Ukraine of the convention on the recovery of alimony abroad
procedure for collecting alimony from a person working abroad
United Nations convention on the recovery of alimony abroad
