ALIMONY FROM A FOREIGNER
Alimony is an obligation for both Ukrainian and foreign parents. Resolving disputes in family relationships is not new in Ukraine. One of the areas of such disputes is the recovery of alimony. Relevance of this topic is due to the real possibility of recovery in favor of the child. The process of collecting alimony from a foreigner is different from the recovery from a citizen of Ukraine, so the help of qualified lawyers will help to accelerate and make this process as comfortable for You as possible. The family laws of Ukraine stipulate that parents must support the child until the moment when he turns eighteen, and if he continues to study, by the age of twenty-three. This duty belongs to both parents, father and mother. This norm establishes an obligation for both Ukrainian parents and foreign parents. Therefore, you should not worry that the foreigner will manage to evade the payment of alimony, and the child will be left without proper financial support from one of the parents. the Judicial procedure for the recovery of alimony from a foreignerIf You need to recover the funds to support the child from a foreigner, the best way to do this is to apply with a claim for recovery of alimony in court in Ukraine, where the place of registration of the person filing the claim, or in the court in the state where the Respondent is a citizen.
Recovery of alimony through the court in Ukraine
Domestic law establishes a rule that provides for the possibility of claiming alimony payments in court at the plaintiff’s place of residence, even if there is a foreign element in the relationship, namely a foreigner as one of the child’s parents. Ukrainian law establishes that, in such situations, the rights and obligations of parents and children must be governed by the personal law of the child, namely the law of the country of which the child is a citizen. To start the process, you must thoroughly prepare a claim for recovery of alimony, which should be supported by documents, confirming the income of the person from whom it is planned to collect alimony. Also need to be sure to bring the family ties between the alimony payer and the person in whose favor they will be charged. The financial position of the defendant of the case shall be brought the information about the real income of the person, the availability of his / her movable or immovable property, property rights, corporate rights, and the like. Our lawyers will help to prepare all necessary documents and provide professional assistance in their execution. Lawyers recommend that in order to execute the decision of the court in another country, it is better to formulate a way of collecting alimony in a specific amount of money in the claim. To execute such a decision, it is necessary to add to it a statement on the recognition and execution of such a decision in the territory of the foreign country, as well as a petition of the appropriate form. Such a petition is an important element for the execution of the decision, as it contains contact information about the debtor, information about his property status, any information that will help to establish the location of the alimony payer. Also to such a petition necessarily attach a copy of the Ukrainian court decision, information that the defendant was informed about where and when the court session took place, but was not present at such, translation of all documents into the language of the country, where it is to be executed.
This method is the most optimal, because a citizen of Ukraine fully enjoys his right to judicial protection, and the state thus demonstrates its concern for its citizens. The international mechanism of recognition and execution of Ukrainian decisions outside the territory of Ukraine increases the popularity of this method of alimony collection.
Another way to get child support is to go to court in the state where the parent who is being sued resides. You do not need to go to another country to do this. The filing is done through the territorial authority of the Ministry of Justice, according to the registration of the place of residence of the person who applies. The application for the recovery of alimony also need to submit a copy of the document on the relationship between the person from whom it is planned to collect alimony and the person in whose favor such will be charged, translation with the official certification of all documents. It is worth noting that the application may be accompanied by other information about the financial position of the Respondent, the place where he resides and the like. Such information may be of any form, but in any case executed in accordance with the requirements of filing documents in another country.
Then the territorial body of the Ministry of Justice transfers the documents defined by the law to the body responsible for accepting such documents in the country (the transfer procedure lasts one month from the moment the documents are registered), where the debtor is located, for their consideration and recovery of alimony in case the dispute is resolved in favor of the claimant. Recovery of alimony in Ukraine is quite time-consuming and costly, but in the territory of a foreign country should not expect easy procedure. It is worth considering the cost of a possibly attracted a lawyer in another country, the peculiarities of such proceedings in other states and the efficiency of the implementation of the proceedings there.
Our lawyers will help you choose the best way to collect alimony from a foreigner so that you will be satisfied with the result.