Publication date: 08.06.2024
The procedure for collecting alimony from a person living abroad
Maintenance of children is the responsibility of each parent, regardless of their place of residence. If one of the parents lives abroad, this does not release him from the responsibility to pay alimony. Thanks to international treaties, such as the Convention on the Collection of Alimony Abroad, Ukrainians can achieve the fulfillment of this obligation. In this article, we will consider exactly how alimony can be collected from a person who lives outside of Ukraine.
Step 1. Obtaining a decision of the court of Ukraine
The first step to collect alimony is to obtain a court decision in Ukraine. The father or mother with whom the child lives must file a lawsuit in court. After the court makes a decision that will become legally binding, you can proceed to the next stage.
Step 2. Submission of a petition to the court of a foreign state
The next step is to submit a petition to the competent authority of the foreign country where the debtor resides. In this request, basic information about the debtor must be specified, such as:
1. Full name of the debtor.
2. Date of birth.
3. Citizenship.
4. Address of residence for the last five years.
5. Occupation and place of work.
6. Photo card (if possible).
7. Information about the debtor's financial and family circumstances.
8. Other information that may contribute to establishing the location of the debtor or fulfilling the request.
This petition is submitted to the Ministry of Justice of Ukraine through the territorial administration of justice.
Step 3. Documents to be attached to the petition
The following must be added to the petition:
1. A copy of the court decision.
2. A certificate stating that the decision has entered into force.
3.Certificate of partial or complete non-execution of the decision in Ukraine.
4. A certificate that the defendant was properly informed about the court session.
5. A copy of the minutes of the court session.
6. Photo card of the debt collector.
All these documents must be translated into the official language of the country where the debtor lives.
Step 4. Translation of documents
Documents sent to a foreign country must be translated into the official language of that country or into another acceptable language. Notarization of the translation is not required, an official certification by a translator or a translation bureau is sufficient. If the translation cannot be done in Ukraine, the Ministry of Justice can transfer the documents for translation in a foreign country.
According to the Hague Convention of 2007, if the translation of the documents cannot be done in Ukraine, they can be transferred by the Ministry of Justice of Ukraine to the requested central authority without translation or with a translation in English or French for the organization of translation in the requested state. This is agreed with the applicant regarding the payment of translation costs.
Conclusion
Collecting alimony from a person living abroad is difficult, but possible thanks to international agreements and cooperation between state authorities. It is important to follow established procedures and requirements in order to successfully execute a decision of a Ukrainian court in another country. By following these steps, you will be able to secure financial support for your child, even if the debtor is abroad.
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