Ukrainians who went abroad because of the war face many difficulties, among which the issue of receiving child support is especially acute. The lack of personal contact with the debtor, different legal systems and international bureaucratic procedures complicate the process of collecting payments. However, Ukrainian legislation and international treaties provide for mechanisms that help to resolve this issue even outside the country.
The procedure for collecting alimony abroad
If the person who is obliged to pay alimony lives or receives income in another country, the debt collector has the right to apply to the competent authorities of that country for the recognition and enforcement of the decision of the Ukrainian court. The procedure is regulated by international treaties to which Ukraine has joined.
Ukraine is a party to several key international agreements regulating the collection of alimony abroad:
- Convention on the recovery of alimony abroad (1956)
- Convention on the Recognition and Enforcement of Maintenance Obligations (1973)
- Convention on the International Collection of Child Support and Other Types of Family Support (2007)
In addition to multilateral agreements, Ukraine has a number of bilateral treaties on legal aid, which provide for mutual recognition of court decisions. This greatly simplifies the procedure for collecting alimony in countries that are signatories to such agreements.
How to submit a request for alimony collection abroad?
To receive alimony abroad, it is necessary to prepare and submit the following documents:
- A certified copy of the decision of the court of Ukraine on the collection of alimony;
- A certificate of its entry into legal force;
- Certificate regarding execution of the decision on the territory of Ukraine;
- A document confirming that the debtor has been properly informed about the case.
Documents are translated into the official language of the state to which the petition is submitted. Submission can be made:
- Directly to the competent authorities of a foreign state;
- Through the Ministry of Justice of Ukraine.
Each country has its own peculiarities in procedural legislation, so it is worth familiarizing yourself with their requirements in advance. Some states may require additional documents or notarization of translations.
What to do if the court decision has not yet been passed
If the plaintiff has not yet received the decision of the Ukrainian court, he has the right to appeal to the court of Ukraine. Jurisdiction of such cases is determined by the place of residence of the plaintiff or defendant. Lawsuits for the collection of alimony can be filed at the plaintiff’s place of residence, which allows the initiation of legal proceedings even if the defendant is abroad.
After passing the decision, the Ukrainian court can send it to a foreign country for execution. If the case does not fall under the jurisdiction of Ukraine, the applicant can file a lawsuit directly in the court of the country where the debtor lives. In such a case, local laws regarding jurisdiction and process requirements must be considered.
Special cases
In some countries, there are no agreements with Ukraine on mutual recognition of court decisions. For example, with the Russian Federation, all legal agreements regarding the execution of court decisions were terminated. In such cases, the applicant must apply directly to the court of a foreign state or engage lawyers to represent his interests.
If alimony has not yet been awarded, the woman can initiate the process in the country where the debtor lives, but before doing so, it is necessary to obtain legal advice on the specifics of local legislation.
Costs and legal aid
The process of collecting alimony abroad may be accompanied by costs for:
- translation and certification of documents;
- court fees;
- payment of legal services.
In some countries, it is possible to obtain free legal aid within the framework of international treaties or through specialized organizations providing support to persons requesting maintenance.
Despite the difficulties, Ukrainian refugees have legal mechanisms for collecting alimony from debtors living abroad. Thanks to international agreements and legal support, it is possible to achieve recognition of a Ukrainian court decision outside the country. However, it is important to take into account the peculiarities of the national legislation of the debtor’s country of residence, as well as seek legal help in a timely manner in order to simplify the procedure for receiving payments.
