General provisions on the recovery of alimony from a foreign citizen
The procedure for collecting alimony from a foreign citizen depends on the country in which the potential alimony payer lives.
It is possible to collect alimony abroad by decision of the Belarusian court only if between the Republic of Belarus and the country where the father lives and works, an appropriate international treaty has been concluded that allows the execution of decisions of the courts of one state on the territory of another.
The collection of alimony abroad is associated with serious legal difficulties. International cooperation in this area is aimed at facilitating the process of collecting alimony by:
– creation of an integrated system of cooperation between the bodies of the contracting states;
– providing the opportunity to submit requests for decisions on the recovery of maintenance funds;
– ensuring the recognition and enforcement of decisions on the recovery of maintenance funds;
– determining effective measures for the immediate implementation of decisions on the recovery of maintenance funds.
The Republic of Belarus has acceded to the UN Convention “On the Collection of Alimony Abroad” (concluded in New York on June 20, 1956) and ratified the Convention “On the International Procedure for the Collection of Alimony for Children and Other Forms of Family Maintenance” (signed in The Hague on 23.11. 2007,). In addition, the Republic of Belarus has agreements with Russia, Poland, Ukraine, Lithuania, Armenia and other countries.
According to the UN Convention “On the Collection of Alimony Abroad,” each member state entrusts one or more administrative or judicial institutions with the functions of transfer authorities on its territory. In the Republic of Belarus, this function is assigned to the Ministry of Justice. Neither the transferor nor the intermediary should claim any remuneration for the assistance they provide under the Convention. If the plaintiff and the defendant live on the territory of different countries-parties to the UN Convention, then the plaintiff may submit to the transfer authority in the state under whose jurisdiction he is located a request for the recovery of alimony from the defendant. However, the Convention itself does not regulate the order and amount of penalties. The law on the basis of which all questions arising in connection with any such claim or case are resolved is the law of the respondent state and, in particular, the private international law of that state. The decisions of the courts of the participating countries are prohibited from being reviewed.
The defendant is a citizen of the Russian Federation
If the defendant is located on the territory of the Russian Federation, then a special procedure for the recognition and execution of court orders is not required, since The Republic of Belarus and the Russian Federation signed an Agreement on the procedure for the mutual execution of court decisions in cases of the recovery of alimony. The plaintiff can apply for the recovery of alimony to the court both at his place of residence and at the place of residence of the defendant.
Also between the Union states, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters is in force, according to which cases on maintenance obligations fall within the competence of the court of the state on the territory of which parents and children have permanent joint residence, and in the absence of such place of residence – the court of the state of which the child is a citizen or on the territory of which he permanently resides. If there is a decision of the Belarusian court on the recovery of alimony or a writ of execution. It is necessary to contact the Office of Compulsory Enforcement of the Main Directorate of Justice at the place of residence of the recipient of the alimony. The Department transfers the received package of documents to the competent authority in the Russian Federation, which will deal with the collection of alimony.
The defendant is a citizen of a country with which there is an agreement
If the defendant is a citizen of one of such countries as Ukraine, Poland, Lithuania, Kazakhstan, Armenia, Kyrgyzstan, then in order to recover alimony from him, you can apply directly to the court of his country of residence or to the court in the territory of the Republic of Belarus, which made a decision on the recovery of alimony. , with a petition for the execution of the decision on the recovery of alimony. The court submits for satisfaction the petition and other necessary documents to the court of the country where the defendant is located.
A foreign citizen is in a country with which there are no agreements on alimony
If the father of the child is a citizen of a country with which the Republic of Belarus does not have an appropriate agreement, one of the following options is applied to claim alimony:
– apply to the court of the country of which the potential payer is a citizen, with an application for the recovery of alimony;
– go to court on the territory of the Republic of Belarus, receive a court decision and a writ of execution and transfer them to the court of the country of which the defendant is a citizen.
To give a document legal force on the territory of another country, its legalization may be required – confirmation of the authenticity of the document and the powers of the authority that issued this document. The legalization of the document is carried out on the territory of the country that issued it.
Our lawyers have extensive experience in representing the interests of our clients in the collection of alimony from foreign citizens, as well as in representing the interests of foreign citizens in the collection of alimony from them. Our lawyers for the recovery of alimony are ready to provide you with the following legal assistance in the recovery of alimony:
– oral and written advice on the collection of alimony from foreign citizens;
– representation and protection of interests in courts on the collection of alimony from foreign citizens;
– representing the interests of Clients on the issue of changing the amount of alimony;
– advice and representation of interests of foreign citizens on the collection of alimony from them.
If you have questions related to the recovery of alimony, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
