Can the alimony go abroad.
The Family Code of the Russian Federation provides for the forcible collection of money from parents who evade the material security of their children. But what if in the case of an alimony paying father (or mother) going to a foreign country on a trip or for the purpose of permanent residence? Can an alimonyer go abroad and on what grounds? Is the prohibited exit from the country an effective measure of debt collection?
Departure of persons bound by alimony obligations abroad.
The rules for the payment of money for minors in case of the departure of the parent abroad for the purpose of permanent residence are determined by Art. 118 of the Russian Federation.
First of all, the departing payer has the right to sign an alimony agreement with the recipient. The document must be certified by a notary, it can be prescribed any form of transferring the necessary payments, not contradicting the IC of the RF. This can be, for example, a lump sum payment of the entire amount of alimony before traveling abroad or remitting a parent already from the territory of the country to which it is sent.
An alimony agreement on payments on a voluntary basis can be concluded regardless of whether the Russian Federation has concluded agreements on providing legal assistance in civil, criminal and family matters with the country to which the parent is sent.
If the parties did not manage to agree among themselves, the potential recipient has the right to apply to the court with a statement of claim.
Essence of the claim:
oblige one of the parents to pay alimony in the form of a specific sum of money; to recover from the former spouse a one-time payment for the whole period up to the age of majority of the child; require the parent to provide movable and immovable property in the amount of maintenance; oblige the alimony to transfer the necessary funds in a different form, for example, by opening an account with a commercial bank or monthly payments of a certain percentage of income. During the trial, the first case deals with the financial and social status of each participant in the process and a number of other provable facts.
Let’s clarify that if a court decision or an agreement between the parties is absent, this does not exclude the possibility of the payer to leave the country.
The same mechanism remains to pay for the child, when one of the spouses leaves the country for the purpose of earning or carrying out military service.
Can a Russian citizen be prohibited from traveling abroad for non-payment of alimony.
To forbid non-payers to leave the territory of the state for the first time started in 2005. Persons who do not fulfill their obligations for the maintenance of children or who are in arrears in payment are established by the Ministry of Internal Affairs when manufacturing foreign passports. For such citizens, a restriction is imposed on going abroad before the time of full payment of the debt or the conclusion of an agreement between the parents.
A temporary ban on leaving the territory of the Russian Federation for an aliminator is established, according to the application of the recipient or by the sole decision of the officer of the bailiff service. In this case, in the course of the enforcement proceedings initiated by the judicial body, a resolution is issued prohibiting the debtor from traveling abroad for a certain period.
Signing an alimony agreement between the parents.
The agreement on the payment of alimony on a voluntary basis is a contract between the alimony holder and the recipient on the transfer of funds to the child for the maintenance of children, where the size, procedure and methods for making payments are taken into account.
Such a contract can also be concluded by persons who are in an official marriage. The document is made out on paper and certified by a notary.
Can I go abroad to the parent who signed the agreement?
Signing the agreement is a very advantageous option for the case of the departure of the alimony holder abroad, if he plans to stay there for a long time or permanently, since this saves time for legal procedures.
The agreement on alimony payments is made according to certain rules:
violation of the rights of young children, for the provision of which funds are transferred, is not permissible; the agreement has the same legal force as the executive document issued in court, in case of its written execution and the signature of the notary; all clauses of the contract shall not cause disputes between the payer and the beneficiary; in the contract, you can specify a large amount for payments or additional obligations of the parent.
A sample of the agreement on alimony payments you can easily find on the Internet.
The following items must be present in the document:
information about the parents (according to the passport); the question on which an agreement is being created; form, schedule and method of making alimony payments; rights and obligations of each parent; the mechanism of possible indexation of monetary sums; the date of commencement and termination of the contract; the date of signing the document, the signature of the alimony payer and the beneficiary.
In what order are the decisions of the court in other states?
The international and domestic laws of each country determine the course of implementation of judgments in foreign territory.
If there is no agreement between the powers on execution of judicial decisions, when the spouse leaves the country for debt with alimony, the funds may not be collected from him.
In addition, to ensure that Russian courts’ rulings are carried out outside the country, not only agreements between states are needed, but compliance by the claimant with maintenance payments of the contract clauses. Only in this case the process of collecting alimony abroad can be organized and executed.
As established by international agreements, people who collect alimony have the opportunity not only to submit documents drawn up in the Russian Federation for their further execution by the state services of the country where the father is staying, but also to petition for the legalization of the already passed decision on compulsory payment of alimony abroad.
To apply in practice the court’s decision on the family proceedings in the territory of a foreign country where international agreements provide for this possibility, the potential recipient is required to file an application for legalization and authorization of the implementation of such an order abroad.
The petition states:
information on the recoverer or his legal representative, including the address of registration; information about the payer who left the country, including the address of his registration or temporary stay; bank account details for the transfer of payments.
This document is being prepared for submission to a court of a foreign state through the Russian court, where the case of alimony was being considered.
The petition is filed simultaneously with the court decision, a certificate of his entry into legal force and the absence of his appeal on the basis of the law. The document must be stamped and attached to the cover letter for sending to the Ministry of Justice of the Russian Federation. This agency checks the petition for the quality of registration and transfers it to the foreign public services with the appropriate authority.
If abroad, the Russian court decision is recognized as legal, the writ of execution is sent to foreign instances authorized to enforce debt.
Can the alimony go abroad.