Instruction on the procedure of alimony recovery

On the 15^th of September 2017 the Ministry of Justice of Ukraine approved Instruction on the procedure of alimony recovery and other child support extraterritorially according to the clauses of international Convention.

For realization of their rights creditors (persons who want to get an alimony recovery) and debtors call to the Ministry of Justice of Ukraine. After it the Ministry can:

1)     cooperate with appropriate state foreign bodies, including sending and receiving applications (in a case if a country is a member of Convention);

2)     use actions after receiving applications:

• to get information about place of creditor’s or debtor’s registration from the State Migration Service of Ukraine or/and local government bodies;
• to get information about social support for creditors or debtors from the Ministry of Social Policy of Ukraine;
• to get information about creditor’s or debtor’s profits from the State Fiscal Service of Ukraine;
• to become authorized person who gets text of judicial decisions;
• to get information about rights of real estate property of creditors or debtors from state register;
• other actions.

Applications must be submitted to executive state body (where it must be executed) through the state body of that country, where applicant has a permanent place of residence, or directly to state foreign body which execute this decision.

The Ministry of Justice of Ukraine acts on the behalf of applicants by a power of attorney, which is added to applications, in state bodies and in courts. This right can be re-delegated.

Applications and other documents must be written in Ukrainian and must be translated in an official language of country or other admissible language for account of applicant.

Instruction regulates applications which can be submitted by creditor about:

• recognizing and execution of judicial decisions on alimony recovery which are issued in foreign country;
• execution of decisions which are adopted or recognized in one of the Convention countries;
• solving matters on alimony recovery in the Convention countries, including demand on defining paternity (if necessary);
• decisions’ changes in one of the Convention countries;
• other information.

For debtors there are such types of applications:

• about recognizing decisions, including decisions which change the previous one;
• about decisions’ changes;
• other types.

This news of legislation is related to our company’s practice in family law.