Alimony from a foreign citizen: how to collect in Russia

According to Russian legislation, father and mother have
equal rights regarding the upbringing and maintenance of the child.
However, in practice it happens that after separation one of the parents stops not only
communicating, but also financially helping the other party.
The situation may become more complicated if the father is a resident of another country.
This is due to the fact that the collection of alimony from a foreign citizen is regulated by the norms of international
family law and differs from the procedure when a woman demands financial
support from her compatriot.

General provisions on alimony

Before starting legal proceedings to collect alimony against a citizen of another state, it is necessary to determine whether the following conditions are met:

• If the marriage between the parents was not registered, then the man's paternity must be officially established. To confirm this fact, either a birth certificate is required, where the father is indicated, or a court order.
• The procedure for collecting alimony from a resident of another state who lives in Russia and abroad will be different.

If a foreigner is in the Russian Federation, then he is under the jurisdiction of Russian legislation. Consequently, a court decision on alimony obligations is carried out on a general basis.

In the case where a citizen has left the territory of Russia, the possibility of collecting funds for child support becomes significantly more complicated. It is of great importance what country the alimony payer lives in.

In order for a Russian court decision to withdraw payments to be valid within this state, an international agreement on mutual legal assistance must be concluded between the countries.

If there is no agreement, then the document will not be legally reliable.

Legislative framework

The assignment and collection of alimony from a foreign citizen
is regulated by the following regulatory documents:

• Minsk Convention of 1993;
• Convention concluded in Chisinau in 2002.

The documents indicate that the financial obligations of one of the parents for the maintenance of a minor must be fulfilled in accordance with the legal norms of the state where the child lives.

The authorities provide assistance in finding the alimony payer and fulfilling his duties.

Search for alimony debtor: sample application, how to submit.

Collection of alimony from a foreigner living in Russia

To answer the question of how to obtain alimony from a foreign citizen located in Russia, it should be noted that he must obey the laws of the country where he lives.

There are two ways to recover money from a minor:

• If the father does not mind fulfilling his obligations, then an agreement is concluded between the parents, certified by a notary office. The document specifies the method, amount, and frequency of alimony.
• The agreement is equivalent in legal force to a writ of execution and must be fulfilled, otherwise one of the parties has the right to turn to bailiffs to collect the debt.
• In a situation where a foreign citizen evades his obligations, a woman can file an application in court.
• A resident of another country must comply with the court decision for the entire period while he resides on the territory of the Russian Federation, otherwise administrative penalties may be applied to him, as for a Russian citizen.

Download the application for alimony. [38.00 KB]

documents must be submitted to the court

• copy of ID;
• child's birth certificate;
• divorce paper (if available);
• court decision on paternity (if any);
• other documents relevant to the case
  that will be examined.

If a resident of another country leaves the Russian Federation, the procedure for collecting alimony from him will become more complicated, regardless of the basis for payments.

Here you should pay attention to whether there is an agreement on legal assistance between the country of residence of the alimony payer and Russia.

How to collect child support from the father of a child living in another country

To collect alimony from a foreign citizen
located in another state, you will need to adhere to the following
algorithm.

• File a claim at the court branch
  located at your place of residence.
• Notify the foreigner about the consideration of the case, its
  essence, time and date of meetings.
• Send the court decision and the petition for its
  execution to the Ministry of Justice of the state where the defendant lives.

If alimony is collected from a citizen who lives in another country, the court will order payments only in a certain amount of money.

This fact is due to the fact that the defendant’s income is calculated in foreign currency. The expected amount of payment is indicated in the statement of claim. When considering a case, the amount changes both up and down.

The statement of claim must also include the following
information:

• information about the minor;
• the reason for the payment;
• the amount of the required penalty;
• additional information relevant to
  the proceedings.

It is recommended to send the defendant's notice of the start of the court hearing by registered mail.

In this case, the plaintiff will be able to present evidence that the foreign citizen was informed about the hearing of the case and his rights were not violated.

A court decision, like a petition to the Ministry of Justice of another country, must be drawn up in the language of the state where the defendant lives.

In some countries this is a prerequisite for acceptance of documents.

If the petition is accepted, the woman begins to receive alimony from the foreign citizen. If it is rejected by the other party, then it is quite difficult to appeal. The plaintiff will be able to receive the alimony debt only if the defendant returns to Russia.

A court decision in a country that is not participating in the agreement on mutual legal assistance with the Russian Federation has no legal force and therefore is not obligatory.

How to get alimony from a foreigner.

Source: https://pravasemei.ru/alimenty/alimenty-s-inostrannogo-grazhdanina/

How to collect alimony from a foreign citizen in the Russian Federation

The collection of alimony from foreign citizens has its own specifics due to differences in the legislation of different countries, the presence or absence of international treaties between the countries where the decision was made and where it must be executed, as well as procedural features of working with documents.

When collecting alimony from Russian citizens living in Russia, as a rule, no difficult questions arise. The algorithm of actions is clear, there is quite a lot of information in open sources on this issue. Almost every lawyer can advise on the basic procedural nuances of this procedure.

The main problem is the low efficiency of execution of court decisions on alimony. Every 3rd debtor in Russia evades alimony obligations, every 18th is wanted. And if the subject of legal relations is a foreigner living in the territory of another state, many more problems and questions arise.

Only a narrow circle of specialists can provide legal assistance.

Agree peacefully or start “military” actions? How to apply for alimony for a foreigner?

As you know, the issue of paying child support can be resolved in two ways:

Agree among themselves without involving competent government bodies

This method is the simplest, but has a greater number of risks and is directly related to the relationship between the parties and their personal traits and qualities.

If the parent living separately does not shirk his responsibilities for raising and maintaining a minor, this option may be considered. But you should understand that a verbal agreement is easy to break, because it is not supported by anything.

From a legal point of view, we recommend that you resolve this issue by signing a notarized agreement on the payment of alimony.

Collect alimony in court

The collection of alimony from foreign citizens in court follows general rules. The only nuance is the form of alimony payment. From foreign citizens living outside of Russia, alimony is collected in a fixed amount.

This is due to the fact that, firstly, such persons receive income in foreign currency, and the amount of alimony should not depend on exchange rate fluctuations, and secondly, collection in proportion to earnings can be difficult.

For foreign citizens living and employed in Russia, alimony can be collected both as a share of earnings and as a fixed amount. In this case, you can also file an application with the court for a court order to collect alimony.

Without summoning the foreign father to court, the judge will issue a writ of execution within 5 days on the collection of alimony in proportion to the debtor’s earnings. After which you can immediately contact the bailiffs for its execution.

The next nuance is the preparation of court documents. A statement of claim in which a foreigner is the defendant must be translated into his native language and notarized, otherwise the judge will leave it without movement.

Place of residence of the foreigner

Thus, the place of residence of a foreigner is of fundamental importance for determining jurisdiction and understanding what difficulties should be expected when collecting alimony, and what the algorithm of actions should be.

Permanently resides in Russia

If a foreign parent lives in Russia and the minor children are registered with the alimony claimant, there is a choice in which court the claim can be filed:

• at your place of registration;
• at the place of registration of the foreign parent.

While the foreign parent is in Russia, forced collection of alimony will be carried out strictly in accordance with the norms of Russian legislation. The procedure will be no different from collecting alimony from citizens of the Russian Federation. Difficulties will arise if the alimony payer leaves the country.

In accordance with Art. 163 of the Family Code of the Russian Federation, if a separately living parent, a potential alimony payer, is permanently located in the territory of another country, alimony can be collected in accordance with the legal norms of one of two states:

1. of which the child is a citizen;
2. in the territory in which the child permanently resides.

In other words, if the child lives on the territory of Russia, a claim for the recovery of alimony from the foreign father can be filed in the Russian magistrate court at the place of registration of the prospector.

In accordance with Art. 32 of the “Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters” (Concluded in Minsk on January 22, 1993), to which the CIS countries are parties, legal relations between parents and children are determined by the legislation of the country in whose territory the children permanently reside. Such claims must be considered by the competent judicial authorities.

The existence of an international agreement between the country where the court decision was made and the country where the alimony debtor lives is important for the execution of a judicial act on alimony. A list of such international treaties can be found on the website of the Federal Bailiff Service: http://fssprus.ru/tablica_s_dogovorami/.

For example, with the Arab Republic of Egypt, Russia signed the Treaty on Mutual Legal Assistance and Legal Relations in Civil, Commercial and Family Matters dated September 23, 1997, and with the People's Republic of Bangladesh only the recognition and enforcement of foreign arbitral awards is provided.

Read also: Exemption from paying alimony: statement of claim, court, practice

Execution of a Russian court decision on the collection of alimony in the territory of another country

The main problem of law enforcement practice in collecting alimony from foreign citizens is not the collection process itself, but the low efficiency of execution of such decisions. The Federal Bailiff Service has approved a number of methodological recommendations in this area.

In accordance with the Methodological Recommendations for the fulfillment of international obligations of the Russian Federation during the forced execution by bailiffs of the requirements of judicial acts and acts of other authorized bodies (Letter of the FSSP dated July 29, 2016 N 00071/16/69976-AP), the possibility of executing a court decision on alimony on the territory of a foreign state depends on the scope of legal assistance provided for by an international treaty.

If the bailiff establishes that the debtor has left for permanent residence in another state, he does not have property and funds on the territory of Russia that can be levied on, the bailiff ends the enforcement proceedings and returns the writ of execution to the recoverer with a decree on completion of enforcement proceedings.

How to get alimony if the alimony provider is not in Russia.

A corresponding international agreement has been concluded between Russia and the country of residence of the alimony debtor

In this case, the claimant must contact the judge who made the judgment with a written petition for recognition and permission to enforce the decision of the Russian court on the territory of a foreign state. The petition is addressed to the competent court of a foreign state.

• After this, the court sends a prepared package of documents to the Ministry of Justice of the Russian Federation or its territorial body for subsequent forwarding to the competent authority of the state in whose territory the recognition and execution of the court decision on alimony is necessary.
• Next, we should expect that the decision will begin to be implemented.
• The petition must contain:

• The name of the claimant, as well as his representative, if the petition is submitted by a representative, indicating their permanent place of residence.
• The name of the debtor indicating his permanent or temporary place of residence.
• The claimant's request for permission to enforce the court decision, the essence of the decision, by whom and when it was made.
• Bank details for transferring funds.

Also attached are the documents provided for by the international treaty, in most cases:

• The court decision or its certified copy, with a mark indicating that it has entered into legal force.
• Certificate that the defendant has been duly notified.
• Certificate of execution or non-execution of a court decision on the territory of the Russian Federation.
• Notarized translation of documents into the language of the state in whose territory the execution of a court decision is requested.

All documents, including the petition, are certified by the seal of the court.

When filling out this application, we recommend that you first contact the International Legal Assistance Department of the Department of International Law and Cooperation of the Ministry of Justice of Russia at the address: 119991, GSP-1, Moscow, Zhitnaya St., 14.

There is no international treaty in this area

If there is no international treaty between Russia and the state in whose territory it is necessary to enforce a court decision, providing for the mutual recognition and execution of judicial documents of this category of disputes, the claimant has the right to apply directly to the competent authority of a foreign state with an application to consider the existing dispute.

The procedure for filing and consideration of an application, its form and content are determined by the national legislation of the foreign state in which the court decision must be executed.

For example, in Finland, an application in a free form should be submitted to the Ministry of Justice, containing: the applicant’s alimony requirements in accordance with the text of the court decision, the amount of alimony (if collected in a shared ratio, the amount in euros should be indicated), contact details, address, signature and the applicant's bank details (bank name, bank account number, IBAN and SWIFT codes). The application is accompanied by a writ of execution, a court decision, a certificate from the court about proper notification of the defendant about the trial, and a calculation of the current debt. The application must be drawn up in Finnish or Swedish, and the attached documents must be submitted in the original with translations attached.

Also in the Methodological Recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony (approved by the FSSP on June 19, 2012

N 01-16) it is explained that in the absence of the necessary international agreement on the execution of decisions of Russian courts on alimony outside the Russian Federation, the claimant is recommended to contact a lawyer who has the right to practice law in the territory of the relevant foreign state.

Judicial practice of lawyers of the MCPI “Planet of Law” on the collection of alimony from foreign citizens

Mrs. D., who previously contacted us regarding the issue of divorce from a citizen of the Republic of Turkey, instructed our lawyers to collect alimony from her ex-spouse.

There was one minor child from the marriage; D.’s ex-husband, after the divorce, permanently resided in Russia, worked for an international company, but did not provide any financial assistance for the maintenance of the child.

The fact of paternity was recorded in the child's birth certificate.

Birth certificate of a child whose father is a citizen of the Republic of Turkey If the fact of paternity of a foreign citizen is not documented, the process of collecting alimony must be accompanied by claims to establish paternity. Otherwise, there are no legal grounds for assigning alimony obligations.

Since the child’s father was officially employed in Russia, there was every reason to collect alimony in proportion to earnings without calling the parties to court hearings.

Our lawyers prepared an application for the issuance of a court order for alimony to the magistrate's court at the place of residence of our trustee, attaching all the necessary documents.

Within 5 days, the judge issued a court order, which is also an executive document and can be presented to the bailiff service for execution.

Court order for the collection of alimony from a citizen of the Republic of Turkey

Since the place of work of D.’s ex-husband was known, the company had many years of experience and had established itself well in the Russian market, it was decided to send the writ of execution directly to the employer’s accounting department. On the same day, the documents arrived at the debtor’s place of work and were accepted for execution.

So, in the shortest possible time, the procedure for collecting alimony from a foreign citizen was carried out.

At the same time, it was explained to Mrs. D. that if the child’s father leaves for permanent residence in the Republic of Turkey, the writ of execution will be returned.

Its further implementation will be complicated by the absence of an international agreement between the Russian Federation and the Turkish Republic.

It will be necessary to prepare a package of documents for the collection of alimony for application to the competent authorities of the Turkish Republic.

But it is worth understanding that the presence of even an unexecuted judicial act on alimony can be important in the future. For example:

• If a foreign father wants to take the child outside of Russia and determine his place of residence there, his failure to fulfill child support obligations will confirm his evasion of parental responsibilities, to the point that it may become grounds for deprivation of his parental rights.
• Or the debtor will need to come to Russia, but due to the existing alimony debt, in accordance with Russian law, he will not be able to leave the country until the debt is repaid.

The collection of alimony from foreign citizens living outside the Russian Federation is complicated by a large number of bureaucratic procedures and, in most cases, the lack of publicly available up-to-date information about the competent authorities in this area and the requirements for the documents presented. As practice shows, this process is associated with financial costs for notarized translations of documents and legal services, including abroad, and the result is not at all guaranteed.

Law enforcement practice on these issues is in its infancy. Effective international cooperation in this area is of particular importance.

In accordance with the current National Security Strategy of the Russian Federation, Russian foreign policy is aimed at creating a stable and sustainable system of international relations, based on international law and based on the principles of equality, mutual respect and mutually beneficial cooperation.

The government body competent to provide legal support in this area is currently the Department of International Law and Cooperation of the Ministry of Justice of the Russian Federation, where you can apply for clarification.

The lawyers of the International Center for Legal Research “Planet of Law” have many years of experience in working on categories of cases whose subjects are foreign citizens, and are ready to come to your aid in any difficult situation, call + 7 (495) 722-99-33.

Source: https://www.planeta-zakona.ru/blog/alimenty-s-inostrannogo-grazhdanina.html/

How to collect alimony from a foreigner?

A variety of circumstances can arise in life, often beyond the scope of something ordinary. As sad as it may be, divorce and demands for alimony are quite common, but sometimes it happens that the former spouse, who is the father of the child, is a citizen of another state. In this case, the standard process of collecting alimony, of course, is not suitable.

So what should a mother do if her ex decided not only to leave, abandoning the child, but also to leave Russia? This greatly complicates the process of collecting alimony, but still does not make it completely impossible.

Therefore, calm down and prepare for the fact that it will be quite difficult, but first of all, you should not give up and give up so easily.

In this article we will talk about ways to obtain alimony from a foreign citizen, the procedure that is needed for this and in what situations it may not work.

How is the collection of alimony from a foreign citizen carried out? Possible methods

How is alimony collection carried out?

It is necessary to understand that the responsibilities of spouses for child support are determined by the laws of the state in whose territory they live. That is, even if all family members are foreign citizens simply living on the territory of the Russian Federation, the collection of alimony will still be carried out in accordance with the legislation of the Russian Federation.

In order to collect alimony from a foreign citizen, you need to go to court, but you need to decide which country to go to.

Read also: Without a birth certificate: how to give birth in a maternity hospital without one

Unfortunately, there is no universal way to collect alimony from a foreigner. This is due to the fact that he, in fact, is not a citizen of the Russian Federation.

In this regard, three different scenarios are possible, on which the method of collecting alimony will depend:

• The debtor lives and works in Russia;
• The debtor lives and works on the territory of a foreign state cooperating with Russia in resolving civil conflicts;
• The debtor lives and works in the territory of a foreign state that does not cooperate with Russia.

Collection of alimony from a foreigner living in Russia

We can say that this is the simplest possible way.

The process is no different from collecting alimony from a resident of the Russian Federation, however, it is recommended to immediately prepare documents that confirm the relationship of the child with a foreign citizen.

This will be extremely useful later, especially if you additionally conduct a DNA analysis. The actual appeal to the court and the trial proceed in this way:

• A lawsuit is filed;
• A trial is being conducted regarding the amount of alimony from a foreigner;
• The court notifies the foreigner of the need to pay alimony.
• The court issues a writ of execution to the plaintiff, which will serve as evidence that alimony was awarded legally.

Attention

Remember that all decisions made on the territory of the Russian Federation will not have legal force abroad. There is no point in filing alimony in Russia and submitting a writ of execution to foreign law enforcement agencies - for them this document will not have any meaning.

Collection of alimony from a foreign citizen in a fixed amount of money

Foreigners working in Russia do not always receive wages in rubles. In this case, collecting alimony in the standard manner will be impossible, since it will not be possible to determine the exact level of earnings of a foreigner.

But you shouldn’t worry about this in advance, because this aspect will not allow a foreigner to avoid payments. They will be charged to him in a fixed amount. This means that the debtor will have to pay the same amount every month, depending on his average earnings.

In this case, it is impossible to determine the amount of alimony on your own; it can only be determined in court.

The debtor refused to pay alimony. What to do?

They don't pay child support, what to do?

First of all, stay calm. Collecting alimony from a foreign citizen through the court will take a lot of time and effort, so first of all you will need a cool mind. In this situation, consultation or direct services of a qualified lawyer in this field is especially recommended. If a foreign citizen stubbornly refuses to follow Russian laws and continues to evade payment, then he can be forced to pay his debts.

In this case, you, again, will be protected by the laws of the Russian Federation. If you cannot get money from the defaulter, then submit the writ of execution to the Federal Bailiff Service. She will collect the debt.

At the same time, the FSSP also has the right to impose many sanctions on a foreign citizen, valid until he leaves the Russian Federation. In short, even minor alimony debts will result in serious problems for him.

Collection of alimony from a foreigner living outside the Russian Federation. A foreign state cooperates with the Russian Federation

If a foreigner does not live or work in Russia, then he does not fall under the laws in force in the Russian Federation. In this regard, when collecting alimony, you will have to use the legislation of the country in which the potential payer lives.

The process of collecting alimony from a foreigner is as follows:

1. The first thing to do is to determine whether the foreign state cooperates with citizens and courts of the Russian Federation in civil matters . There are quite a lot of such states. For example, absolutely all countries of the former USSR help residents of Russia receive alimony from a defaulter. If the foreign country can help you, then move on to the next step;
2. File an application in a foreign court . To do this, carefully study foreign legislation, as it may contain its own specifics for collecting alimony. The statement of claim will need to be drawn up in the language of the state that will consider it;
3. File a claim. This can be done either by mail or, if possible, electronically. You should not take your application to the embassy or the courts of the Russian Federation - they will not help you there;
4. Wait for the court decision . The period for consideration of the claim, again, depends on the legislation of the country in which the alimony payer lives.

You are unlikely to be able to carry out all these steps on your own, since the laws of other countries may differ extremely sharply from Russian ones. And the statement of claim itself will need to be drawn up professionally.

Helpful advice!

For the most successful result, we strongly recommend that you contact a lawyer who has knowledge of the laws of a given country. It is he who will be able to suggest various nuances in foreign laws that you can use to achieve your goal.

A foreign state does not cooperate with the Russian Federation. What to do?

A foreign state does not cooperate with the Russian Federation

Not every foreign state will accept an application from a resident of the Russian Federation. This is primarily due to political reasons. In this case, you will not be able to simply file a claim and receive alimony. Your only chance is to hire a lawyer who specializes in the legislation of the country where the defaulter is a resident.

The procedure for collecting alimony will also be very non-standard. First, you will need to study the current laws and determine whether the collection of alimony is possible at all. Secondly, you will need to go to court.

However, only a lawyer can correctly draw up both the claim form and the demand. Without it, you will not even be able to properly appeal to a foreign court.

Please note that you may have to personally visit a foreign country and take part in the trial.

However, no matter how difficult this matter may turn out to be, you should not give up everything at the first minor setbacks. Your persistence and desire to achieve justice is half the success, and a qualified lawyer will help you with everything else.

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Source: https://Grajdanstvo-Ru.ru/kak-vzyskat-alimenty-s-inostrantsa.html

Alimony from a foreign citizen

Collecting alimony is not an easy task in itself, requiring mandatory contact with official structures (to a notary or to the court). If the defendant is a citizen of a foreign country, then this task becomes even more complicated.

Many mothers (after all, in Russia, most often they are the ones who care for the child) are wondering how to apply for child support from a foreign citizen .

The collection of funds for children from a foreigner is regulated by international legal documents .

The procedure for applying for payments depends on whether the foreigner lives in Russia or is on the territory of another country .

As judicial practice , in order to collect alimony payments from a foreigner, the child’s parent often needs to contact Ministry of Foreign Affairs to determine the procedure for necessary actions.

What do you need to know when assigning alimony to a foreigner?

Below are the main questions that need to be answered before you begin the process of collecting alimony from a foreign citizen:

1. Is the foreign citizen the official parent of the child? This is evidenced by:
   • the fact of registration of marriage between the parents and the birth certificate contains an entry about the father ;
   • the fact of establishing paternity if the parents were not married (in this case, an additional document is issued to the birth certificate - a certificate of paternity ). If the foreigner is only a biological parent who is not documented as the father of a minor, then the procedure for collecting alimony should precede the procedure for establishing paternity in a voluntary or compulsory (judicial) manner. Otherwise, collection of alimony will be impossible .
2. Does the foreign parent live in the Russian Federation or is it abroad?
   • If a foreigner lives on the territory of the Russian Federation , despite his origin, he must obey the laws in force in the territory of this state. Consequently, when collecting alimony in Russia, a citizen will be obliged to comply with the decision of the Russian court in the general manner for Russian citizens.
   • If a foreign citizen lives outside the Russian Federation, it is necessary to determine whether there is an international agreement between the Russian Federation and the state of residence of the foreigner on legal assistance. The possibility or impossibility of collecting alimony from a foreign father for a child of a Russian citizen directly depends on the factor of the existence of a legal international agreement between countries, since:
     • if there is an agreement, the decision of the Russian court to assign alimony will be legalized and possible for execution on the territory of a foreign state;
     • in the absence of such an international treaty, the current decision of the court of the Russian Federation will not have legal force in another state.

However, there are certain ways out of any, even the most difficult situation, which is why it is necessary to consider the various nuances in more detail.

Legal documents on the collection of alimony from foreign citizens

The decisive legal basis to which the claimant is obliged to refer when assigning alimony from a foreign citizen is:

Source: http://alimenty-expert.ru/vidy/po-socialnomu-polozheniyu/s-inostranca/

How to collect alimony from a foreigner not residing in Russia

Responsibility for the maintenance of children falls on the shoulders of both parents. This rule is not canceled even if the spouses divorce and the children remain with the mother.

The father must provide financial support to his child, as well as participate in his upbringing until adulthood on an equal basis with his mother, unless he is deprived of parental rights. The procedure for collecting alimony in Russia is more or less clear, but here’s how things stand abroad.

This question is often asked by women if the father of their child is a foreign citizen, or has recently become one (received citizenship of another country).

The complexity of this issue lies in the fact that it is regulated not only by the provisions of Russian Legislation.

Responsibility for a foreign citizen should fall directly on the part of international law and the legislation of the country of which he is a citizen. But there is still a way out.

Read also: Certificate of non-receipt of a lump sum benefit at the birth of a child: mother, father

We will try to outline all the nuances of this issue and highlight the main mistakes that mothers make when trying to collect alimony.

When Russian legislation applies

If Russian Legislation is applied, this means that the procedure for collecting alimony from a foreigner takes place under general conditions, as for Russian citizens. You can recover alimony from a father who is a citizen of another country in the following cases:

• father lives in Russia;
• father works in the Russian Federation;
• if the child and his mother live in Russia and have Russian citizenship;
• if the foreign father lives and works abroad, but his country has signed an agreement with Russia on the settlement of civil legal conflicts.

Despite the citizenship of another country, the father must bear child support obligations to his child. This rule is regulated by articles 80–86, 99–105 of the Family Code of the Russian Federation.

Under each of the conditions described above, the process of collecting financial assistance for a child will proceed in the same way as for Russian citizens. Of course, the fact that the father has foreign citizenship complicates the situation, but it is quite solvable. If there is no desire to voluntarily pay child support, the mother is obliged to file a claim in court with supporting documents and data of the biological father.

Options for enforcing a court decision

The first and most favorable option for resolving this issue is to bring the father to justice while he is on Russian territory. As we have already said, if a foreign father lives and works in Russia, then the measures imposed by a court decision are applicable to him, that is, the norms of Russian legislation apply.

The collection of alimony comes into force according to the date specified in the writ of execution. He may be sent to the parent’s place of work or forced to pay the specified amount himself.

In case of non-compliance with alimony obligations, not only a fine and penalty will be imposed, but also other preventive measures, including the assessment of property registered in Russia, as well as a ban on leaving the country.

But if the debtor is outside the country, on its territory according to citizenship, then in order to attract him to compulsory payments to a Russian child, it is necessary to give the Russian court decision international status.

That is, it is necessary to legalize the executive act in the foreigner’s country, so that now the responsibility falls on their authorities of law and he cannot escape punishment.

Unfortunately, international relations with Russia on bilateral enforcement of court decisions have not been signed with many countries, so success primarily depends on the citizenship of which country the defendant belongs to.

To date, such agreements have been signed with the countries of the former Soviet Union, Greece, Spain, Cyprus, China, Italy and several others. The list is constantly growing, so if necessary, it is better to familiarize yourself with it in advance. If such a decision can be achieved, then the amount of alimony will be assigned based on the financial situation of the father in that country.

What documents are needed

The child's father can be forced to pay child support only through a court decision. To do this, the mother needs to collect a package of documents and write a statement of claim, which is submitted to the bailiff for consideration. So, what will be needed from you:

• applicant's passport:
• child's birth certificate; certificate of marriage with a foreign citizen or its dissolution (provided that the marriage
• has been registered);
• income certificate;
• a certificate from the housing and communal services service stating that the child lives with his mother;
• DNA test results, provided that the parents were not officially married (if possible).

The statement of claim can be filed in the magistrates' or district court. If, in addition to the payment of alimony, there are other types of claims, then the claim is filed in the district court at the place of residence.

You are required to more fully state the problem, the reasons for the father’s non-payment of alimony, indicate his personal information and other arguments that will help in the trial, as well as making a positive decision.

What if a foreigner refuses to pay?

One of the most sensitive issues is non-payment, as well as ignoring assigned alimony payments. It is much more difficult to bring a foreign citizen to justice than a Russian.

You can force the debt to be repaid through the Federal Bailiff Service, which, after considering the application and studying the writ of execution, will impose a number of restrictions on the foreigner in accordance with the norms of Russian Legislation, and will also introduce additional liability measures. Firstly, he may not be allowed to leave the country, and if he tries to do this, such an act will be punishable by the Criminal Code (Article 154). Secondly, a number of sanctions and administrative liability will be applied to him. Thirdly, parental rights may be deprived. Given the complexity of this issue, many mothers enlist the help of an experienced lawyer to bring the matter to an end.

If the father is not on the territory of Russia and does not live here, then it will be very difficult to bring him to justice without the application of the legislation of his country, which is why you have to apply to an international court.

When is alimony collected under international law?

If a foreigner does not work or live in Russia, then it is very difficult to bring him to justice on the basis of the laws of the Russian Federation, since a court decision made within one country has no legal force in another. And even if you send a writ of execution by letter abroad, it will be an ordinary piece of paper for them. Therefore, you are required to give the judicial opinion international force. To do this you need to do the following:

• Find out whether that country has signed an agreement with Russia on cooperation in the legalization of judicial acts. If this point is met, then the task is immediately made easier, since law enforcement agencies of such states will help collect alimony from the debtor, and will give legal force to the Russian executive act.
• If there is no such agreement between countries, then you are required to submit an application to a foreign court, completed in accordance with the rules of that country, in their language, based on the legal framework. After the claim is correctly drafted, it is sent to the executive body. It is better to do this by mail or email. Let us say right away that the embassy will not help you with this problem. If the letter has reached the right authority, then all you have to do is wait; the processing time depends on the legislation of a particular country.

Given the complexity of this situation, it is best for a person who is unfamiliar with such legal intricacies to seek help from an experienced lawyer who has encountered these types of cases. He will help you competently draw up a claim, send it to a foreign court, and also monitor how the case is progressing. You may have to defend your rights and attend the hearing in person.

Alimony agreement

An alimony agreement is the most correct and beneficial solution for a mother and child.

If the father does not mind providing financial support in the form of alimony, then in order to avoid the long and forced procedure for collecting funds for the maintenance of a common child, a child support agreement can be concluded.

This is a real opportunity not to prove the legality of a Russian court ruling in another country. It is worthwhile to properly notarize this document, in accordance with international standards, according to which it will be valid at the international level.

Be sure to include in the notarial agreement all payment terms, terms, amount, as well as methods of transfer and liability for failure to comply. Thus, try to find a common language with the father of your child and bring to light the fact of the need to pay alimony, which will be used to support the common child.

Source: https://zen.yandex.ru/media/id/5a6e161bc89010c5137c3008/5a74b4579b403c8072c6021c

How to collect alimony from a foreigner

Home » Alimony » Collection of alimony from a foreign citizen in Russia

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According to Russian legislation, both parents are obliged to support their minor child (Article 80 of the RF IC). Even if partners separate, this does not mean that the adult who begins to live separately from the family can avoid the responsibilities assigned to him.

He still must pay alimony in favor of his child - either voluntarily under a notarial settlement agreement, or compulsorily by court order. However, the matter becomes significantly more complicated when the second parent of the child is a citizen of a foreign country.

So how can you collect alimony from a foreigner?

Priority aspects: what you need to know

The legal process of involving a foreigner in the maintenance of a child has certain difficulties, because it is regulated not only by Russian legislation itself, but also by the regulations of the country from which the man arrived. In addition, the provisions of international law come into play.

A woman can hope to establish alimony legal relations only if she proves that the father of her child is this particular citizen and no one else. It's confirmed:

• marriage registration certificate indicating the fact of the union;
• the child’s birth certificate, which contains information about the father;
• in the absence of a registered relationship - a certificate of paternity.

A woman needs to make sure that information about the person she wants to involve in the financial support of her child is present in at least one of the above documents.

Otherwise, the mother simply will not be able to collect alimony from the father.

Even if the man is a direct biological relative of the minor, in the absence of factual evidence and records in official papers, this relationship has no legal force.

If it is impossible to provide a marriage registration certificate and/or a child’s birth certificate indicating information about the father, the woman will only have to initiate the procedure to determine paternity. However, for this it is necessary that the man be on the territory of the Russian Federation.

Then he will be able to either come with the woman to the local registry office to acknowledge in writing that he is the father of a minor, or arrive at the courtroom on the appointed day if the case is heard by the court.

When a man returns to his homeland, it turns out to be almost impossible to conduct an event to establish paternity and file for alimony.

Source: https://ros-nasledstvo.ru/vzyskanie-alimentov-s-inostrannogo-grazhdanina-v-rossii/