If one of the parents lives abroad, alimony can be collected from him. There are two ways to do this:
1) file a lawsuit in a court in Ukraine and obtain a decision to collect alimony, and then apply with this decision to the competent authority in a foreign country for its recognition and enforcement
2) apply to the competent authority of a foreign country with an application for the establishment of a decision on alimony.
Lawyers from the free legal aid system tell us how to act in each of the options.
If there is a decision of a Ukrainian court
Step 1. Prepare application for recognition and enforcement of a court decision abroad.
The petition must contain the following information:
- Debtor's full name, date of birth, place of residence for the last 5 years (if known), occupation, place of work, photo
- about financial status, family circumstances, property belonging to him
- other information that will help determine the location of the debtor or execute the request (for example, the address and telephone number of the employer).
Step 2. Add to the petition documents:
- copy of the court decision
- certificate of entry into legal force of the decision
- certificate of partial enforcement or non-enforcement of the decision in Ukraine
- documents proving that the defendant was duly notified of the hearing
- a copy of the minutes of the court session (or court session journal) where the case was considered on the merits
- photo of the plaintiff.
Documents are provided in Ukrainian along with a translation into the official language of the country where the debtor resides.
Step 3. Send documents to the Ministry of Justice of Ukraine through the interregional department of justice.
If there is no court decision
Step 1. Prepare a statement to the Ministry of Justice of Ukraine through the interregional department of justice.
The application or attachments must contain the following information:
- Debtor's full name, date of birth, place of residence for the last 5 years (if known), occupation, place of work, photo
- about the financial situation, family circumstances, property belonging to the debtor
- about the applicant's financial and family circumstances, income certificate
- documents confirming the family relationship between the debtor and the child (birth certificate, etc.).
The application is submitted in Ukrainian with translation into the language of the debtor's country of residence.
Step 2. The Ministry of Justice sends the application to the authority of the country where the debtor is located during the month.
How to find out about the results of considering a petition or application
The Ministry of Justice of Ukraine will notify the plaintiff in writing.