Is it possible to receive alimony if the debtor is abroad?

Parents are obliged to provide for their children until they reach the age of majority, and in some cases, to pay alimony. But what if one of the parents lives outside Ukraine? Specialists of the Southern Interregional Department of the Ministry of Justice explained the procedures for collecting alimony from debtors residing abroad.

International agreements are the basis for the collection.

The Ministry of Justice emphasized that if the alimony payer lives in another country, the process is regulated by international agreements.

The main document is the 2007 Hague Convention on the International Recovery of Child Support and Other Types of Family Payments. This Convention entered into force for Ukraine on November 1, 2013, and is currently in force in relation to 55 member states.

The Convention applies to:

Alimony obligations for the maintenance of children under the age of 21;

Alimony for the support of one of the spouses.
Ukraine has certain restrictions regarding the provisions of the Convention: they apply to parental obligations to maintain children under 18 years of age, but also contain provisions on:

alimony for adult children who continue their studies (up to 23 years of age);
alimony for the maintenance of parents who are unable to work;
other family obligations provided for by law.
Procedure for submitting an application

In accordance with Article 10 of the Convention, the recipient of alimony may apply for:

recognition of a court decision;
recognition and enforcement of a decision;
adoption of a new decision on the collection of alimony in another country;
amendment of a previously adopted decision.
The following documents must be attached to the application:

full text of the court decision;
confirmation of its enforceability;
evidence that the defendant was informed of the process;
documents on the debt (if necessary);
data for indexation of payments.
It is also helpful to add information about the financial situation of both parties: place of work, availability of assets, and other data that may be useful for the case.

All documents should be sent through the central authorities of the countries-participants of the Convention, and they must be accompanied by a certified translation into the official language of the country in which the case will be considered. In Ukraine, this function is performed by the Ministry of Justice and its territorial bodies.

Key features

The Convention covers both court decisions and:

Decisions of administrative bodies;

Alimony agreements are recognized and enforced on a par with judicial acts.

The Ministry emphasized that the applicant has the right to free legal aid, which is one of the main principles of this Convention.

We remind you that in Ukraine, additional payments to pensioners are planned in September, as well as possible assistance in paying utility debts.