How to pay child support if you work abroad

Today, a huge number of Ukrainians have left the country in search of a better life. Of course, among those who have left, there are some who are unwilling or unable to pay child support, thereby condemning their children to a miserable existence. After all, every child has the right to maintenance, so one parent’s departure abroad should in no way have a negative impact on the child’s development. So how do you pay child maintenance if you work abroad?

Firstly, a claim filed by the maintenance creditor is accepted and considered by a Ukrainian court at the place of their registered address. If the defendant (debtor) is abroad, they must be informed of the legal proceedings. To this end, the Ukrainian court gathers all the case materials and forwards them to the foreign state where the maintenance debtor resides.

After considering the case, the Ukrainian court issues a ruling, which the defendant is obliged to take note of. The maintenance creditor then submits an application for the recognition and enforcement of the court decision in the other country. This court decision will be enforced in the foreign country in accordance with the treaty on mutual legal assistance.

The competent authorities (enforcement service) of the foreign country act in accordance with their own legislation, in line with laws on assistance to foreign countries.

Of course, these legal provisions apply if the defendant has moved abroad and refuses to pay maintenance to a child living in Ukraine.

If, however, the child lives abroad and the defendant is in Ukraine, the procedure for enforcing maintenance payments will differ:

• A claim for the recovery of maintenance can be filed either at the defendant’s place of residence or at the claimant’s place of residence;
• The authorised bodies of the foreign state forward the entire set of documents to the Ministry of Justice of Ukraine;
• Permission is granted for the enforcement of the foreign court’s decision.

Amount of maintenance for those working abroad

The amount of maintenance will depend not on the salary the defendant receives abroad, but on the average salary for the sector that they would have received whilst working in Ukraine. Therefore, by paying a third of their salary in maintenance, based on the average salary in Ukraine, this amount will be much less than the actual third of the salary earned abroad. These nuances can be resolved in the claimant’s favour, especially if the defendant has an official salary.

If you require qualified legal assistance from a family law solicitor in Kyiv, please contact our firm; we will be happy to help you!