TO COLLECT CHILD SUPPORT FROM A FOREIGNER

According to the Convention on recovery of maintenance abroad, signed M. in new York on 20 June 1956, ratified ASU 20.07.2006 (hereinafter - the Convention), in the case where the claimant is in the territory of one Contracting Party (hereinafter - the state of the plaintiff) and the defendant is within the jurisdiction of another Contracting Party (hereinafter - state defendant), the plaintiff may apply for alimony from the defendant to the authority of the transferor, in the state of the plaintiff.

According to the order of the Ministry of justice of Ukraine dated 29.12.2006 N 121/5 "On approval of Instruction on execution in Ukraine of the Convention on collection of alimony abroad", tion manual defines the order of execution of the said Convention in Ukraine. All the complaints about collecting of the alimony on the child or on the content of another family member and other documents on the implementation of the Convention in Ukraine is going to transfer abroad or from abroad through the Ministry of justice of Ukraine.

According to the law of Ukraine dated July 20, 2006 N 15-V on the Ministry of justice of Ukraine is entrusted with the functions of the Authority that accepts, and the Body, transmitting, in compliance with the Convention.

Defined a simplified procedure for recovery of child support or maintenance to another family member in accordance with the Convention in the relations with such States, which are parties: Australia, Algeria, Argentina, Barbados, Belgium, Belarus, Bosnia and Herzegovina, Brazil, Burkina Faso, Vatican, great Britain, Haiti, Guatemala, Greece, Denmark, Ecuador, Estonia, Israel, Ireland, Spain, Italy, Cape Verde, Kazakhstan, Cyprus, Kyrgyzstan, Colombia, Germany, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Monaco, Morocco, Niger, Netherlands, New Zealand, Norway, Pakistan, Poland, Portugal, Romania, Seychelles, Serbia, Slovakia, Slovenia, Suriname, Tunisia, Turkey, Uruguay, Hungary, Philippines, Finland, France, Croatia, Central African Republic, Czech Republic, Chile, Switzerland, Sweden, Sri Lanka, who are signatories of the Convention.

The issue of alimony is violated by the individual on their content or for the benefit of another person and legal entity has the right to raise the issue of alimony for the child or another person in cases specified by legislation, or duly authorized representative of the person concerned.

In the case where there is no decision of court about collecting of the alimony from the defendant, resident abroad, or when according to the legislation of the Contracting state solution to the question is at the place of residence of the defendant, or when the decision requires a question about changing the size of the alimony, to the appropriate Contractual Parties shall be sent the documents necessary for consideration of the merits.

The Ministry of justice forwards the application to the authority that adopts the corresponding second Party within one month from the date of its receipt. This period may be more than one month, if the treatment abroad is necessary to obtain additional information or documents and to take such other measures for proper execution of the application. The statement is returned to the initiator of the appeal (the applicant) if it does not meet the requirements of the Convention and the Instruction, explaining the reason of return.

The petition for recognition and execution of decisions about collecting of the alimony directed by the Ministry of justice of Ukraine of the Body, which makes corresponding Contracting state within one month from the date of its receipt.

This period may be more than one month, if for treatment abroad need to obtain additional information or documents and to take such other measures for the proper registration of the petition. The petition is returned to the plaintiff if it does not meet the requirements of the Convention and the present Instruction, explaining the reason of return.

The foreign appeal of the plaintiff with the statement of claim about collecting of the alimony (about the change of alimony) from Respondent residing in Ukraine, through the Body, transferring the Contractual Side. The latter sends the relevant documents to the Ministry of justice of Ukraine.
The statement of claim about collecting of the alimony in Ukraine is made by the claimant in writing, in accordance with article 119 of the Civil procedural code of Ukraine and the Convention.

The petition for recognition and enforcement of a foreign judgment for alimony from the defendant (debtor), who lives in Ukraine, issued by the plaintiff (creditor) or a person authorized by him in writing with regard to Civil procedural code of Ukraine.

In the light of article 81 of the law of Ukraine "On international private law" the provisions of the Convention on the recognition and enforcement of foreign court judgments apply accordingly to decisions about collecting of the alimony, taken other than a court, competent authority of a Contracting Party when the legislation of the Contracting state other than the court, the order of alimony.

Question about alimony or the recognition and execution of decisions about collecting of the alimony in favour of persons living abroad, in Ukraine shall be decided according to the Civil procedural code of Ukraine and law of Ukraine "On international private law".

If in the relations between Ukraine and the relevant international acts Dogovra Party to a contract containing special rules of private international law (conflict rules) or procedural rules, the rules of such international Treaty of Ukraine.

The decisions of courts on the territory of Ukraine is carried out according to the legislation of Ukraine.

Based on the decision of a foreign court and determine on granting permission for its enforcement, which gained legal force, the court shall issue a writ of execution, which is sent for execution in the manner prescribed by law.

A writ of execution under the decision on collecting of the alimony is issued upon application of the plaintiff or his authorised representative and transferred for execution to bodies of state Executive service.

The decision of the court is carried out in the manner prescribed by the Law of Ukraine "On enforcement proceedings"