How to apply for alimony for a foreign citizen

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.

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.

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.

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.

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.

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

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.

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.

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?

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.

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?

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.

Alimony from a foreign citizen: how to collect and receive

An alimony obligation arises after divorce in situations where a child remains with one of the former spouses. In this case, the citizen who is the second parent contributes a certain amount of money every month intended for the maintenance of the child.

Sometimes it happens that the second parent lives abroad. Then the procedure for paying funds is regulated by Russian legislation, the laws of another state and international regulations. This article will tell you how to receive alimony from a foreign citizen.

How to apply for alimony for a foreign citizen

To receive alimony from a representative of another state, the parent submits a statement of claim at the place of registration to the magistrate or district court, which is drawn up in accordance with the established norms of the Code of Civil Procedure of the Russian Federation. The claim must be accompanied by a package of required documentation:

1. Copies of passports and TIN of both spouses.
2. Certificate of marriage (or divorce).
3. Child's birth certificate.
4. Certificate of the child's place of registration.
5. Certificates of income (salary, scholarship, benefits, etc.).

Important: if the parent cannot confirm the amount of his official income of the defendant with documents, he can notify the court orally or in writing of the approximate amount of earnings in accordance with his position.

Alimony from a foreigner when Russian legislation applies

Russian legislation regulates the procedure for collecting alimony from a foreign citizen, which is carried out according to the same principle for both Russians and foreigners. Thus, a parent living abroad pays child support in accordance with the laws of our state.

A similar situation occurs when a foreign parent lives in Russia. Under such circumstances, the procedure for collecting alimony proceeds in the same way as if it were carried out in relation to a Russian citizen.

Alimony agreement with a foreigner

To the question: “How to get alimony from foreign citizens?” easy to answer if you contact the appropriate authorities. The most common practice is to conclude an international agreement. Such documents are concluded between countries, and Russia is no exception.

However, if the father (or mother) lives in countries such as France, England, Germany, it is necessary to resort to other options. No such agreements have been concluded between these countries and the Russian Federation.

Features and options for paying out funds

There are two main ways to obtain alimony from citizens who live in such countries:

• filing a claim specifying the place of official registration of the parent who is obliged to support the minor child. In such circumstances, it is imperative to involve lawyers, which will result in some costs;
• filing a claim in court and sending an official message to the defendant living outside of Russia. If the decision is positive, a criminal case will be initiated. When visiting the Russian Federation, the defendant may be detained by law enforcement agencies, after which he will be asked to repay the debt. Failure to do so may result in criminal prosecution. In addition to this procedure, you can send a court decision to a court of a foreign state, since it can also recognize it.

Solving the problem of collecting alimony from a foreign citizen

The first method is to draw up a mutual agreement to pay alimony. This method is the most common, but sometimes it is not enough, since the other parent may simply refuse. In this case, other solutions are needed.

The main ways to solve the problem of obtaining alimony from the father (or mother) of a foreigner are to carry out legal proceedings in a Russian court and send the decision to the court. The payment of child support is the direct responsibility of the second parent who does not live with the child; its implementation is regulated by the legislation of our country.

If a citizen refuses to reimburse expenses for a child, he or she may be held criminally liable. The only condition for this is being on Russian territory.

Collection procedure

To determine the amount of alimony and subsequent collection, it is necessary to file a claim in a local court with the required documentation attached.

The application is considered by the court within 10 days, after which a decision is made on the requirement to collect alimony from a foreigner in the Russian Federation. The verdict is sent to the Ministry of Justice at the place of registration of the plaintiff.

In addition to the court decision, this body must provide:

1. Statement of claim (original).
2. Special petition for the recovery of alimony from a foreigner.
3. Certificate of entry into force of the court decision.
4. Certificate of partial execution of the decision.
5. Plaintiff's photograph.
6. Notarized translations of all listed documents into the language of a foreign country.

Rules for applying to the court of Russia or a foreign state

When receiving alimony from a citizen of Russia or another state, you must adhere to the following procedure for applying to court:

• filing a claim for alimony obligations;
• determining the amount of payments;
• notifying the foreigner that he is obliged to make monthly contributions for his child;
• provision of writ of execution, which indicates the legality of the manipulations being carried out.

Peculiarities of collecting alimony from foreign citizens

Parental responsibilities for children are regulated by the laws of the state in which the citizens reside. Therefore, if the parent from whom alimony must be collected lives outside of Russia, then it is necessary to take into account the legal norms of another country. The same thing happens with foreign citizens in Russia - all actions are regulated by the laws of our country.

How is the collection of alimony from a foreign citizen carried out, possible methods

To receive alimony payments, you must contact a judicial authority. Before this, you need to decide which country’s court is best to go to. It is impossible to find a suitable method for everyone; in each case there are many nuances that need to be taken into account. However, there are three main scenarios that can happen in this situation.

1. The parent from whom they want to receive alimony is located in Russia and is working.
2. The parent is in a country that cooperates with Russia in the event of civil conflicts.
3. The parent is in a country that does not cooperate with Russia when conflicts arise.

Next, you need to consider each of the possible options in detail.

Collection of alimony from a foreigner living in Russia

How to collect alimony from a foreigner living in the Russian Federation? In fact, this method is the simplest, since in this case it requires compliance with the laws of only one country.

This option is no different from receiving alimony payments from a Russian citizen. However, in this case, it is recommended to prepare in advance documents indicating the relationship of the child with a foreigner.

A DNA test will not be superfluous.

The procedure in such cases is as follows:

• registration and filing of a claim;
• conducting a trial;
• notification of a citizen about the need to pay alimony;
• issuance of a judicial certificate confirming the legality of the actions taken.

Attention! It is necessary to understand that decisions made on the territory of Russia do not have legal force in other states. Therefore, it will not make sense to submit a writ of execution to the authorities of another country.

Collection of alimony from a foreigner in a fixed amount of money

When living in the territory of another state, it is logical that the second parent receives wages in a different currency. In this case, receiving alimony payments cannot be carried out in the standard manner, since the exact amount of income cannot be determined. In such circumstances, alimony obligations are imposed in a fixed monetary amount.

This means that the amount of alimony payments is established by the judicial authority. In this case, the citizen must pay a certain amount every month, which depends on the size of his average earnings.

Collection of alimony from a foreigner living outside the Russian Federation, when a foreign state cooperates with the Russian Federation

If a citizen lives outside the Russian Federation, issues of alimony obligations are regulated by the legislation of the country in which he lives. The procedure for collecting funds is as follows:

1. Determining the fact of cooperation between countries. Agreements have been signed in a number of CIS countries; if there is an agreement, it will be quite simple for a citizen to receive alimony from abroad.
2. Filling out an application to a foreign judicial authority. The document must be written in accordance with all the rules of another state and, of course, in a foreign language.
3. Filing a claim by mail or electronically. In this case, there is no need to contact the embassy or Russian courts. These organizations do not deal with such issues.
4. Waiting for a court verdict. The processing time depends on the laws of another state.

Important! The procedure for drawing up and submitting an application may differ significantly from a similar process in Russia. It is recommended to carefully study the laws of the country and, if possible, contact lawyers who have knowledge of the country of interest

A foreign state does not cooperate with the Russian Federation

Not all countries have entered into cooperation agreements with Russia in resolving civil issues. This fact directly depends on political reasons. In this case, filing a lawsuit will not solve anything. It is necessary to seek help from a lawyer who specializes in the legislation of the country of interest.

The procedure for collecting alimony will differ from the standard one. In this case, it is necessary to study the laws of another state and evaluate the possibility of carrying out collection procedures. Next, with the help of a lawyer, you need to draw up a claim and go to a foreign court. You need to understand that it may be necessary to appear in person at the trial.

The procedure for judicial collection of alimony from a foreign citizen

The general procedure for obtaining alimony from a foreigner is no different from a similar process in relation to a Russian. To do this, you need to draw up a claim with your demands and submit it to the magistrate at the place of registration of the plaintiff. All required documents must be attached to the paper (certificate of income, certificate of confirmation of relationship, etc.).

When considering a case, the court has the right to send requests to the authorized bodies of a foreign state regarding the authenticity of the information provided, if this is necessary for the case. After the verdict is rendered, it is necessary to obtain a writ of execution. After this, the actions for collecting funds are somewhat different from the standard ones.

Procedure for enforcing a Russian court decision abroad

When receiving alimony payments from a foreigner, the legality of this procedure must be established. This stage is mandatory if the child requires financial support.

In 1993, the UN Convention was signed in Minsk, which establishes participating countries in international cooperation. If the state in question is one of them, then a petition can be filed with its judicial authority. The paper is provided through the authority that made the court decision. The following documents are also attached to the document:

• the court's decision;
• confirmation of the defendant's notification of the decision;
• certificate of partial execution of a court decision;
• agreement on jurisdiction (if one is concluded).

Each of the described documents must be translated into the language of the state in which they will be filed. Afterwards, all documentation is certified by a notary.

Thus, the collection of funds from alimony workers living abroad occurs with some difficulties. To resolve such issues, it is recommended to contact lawyers who work with court cases on alimony, who specialize in the legislation of a particular country.

How to apply for alimony for a foreign citizen?

Collecting alimony from a foreigner is a difficult and sometimes impossible task, since in addition to the standard pitfalls when establishing the amount of financial support for a minor child, difficulties arise with international relations between the Russian Federation and any other state from which one of the child’s parents came.

Despite many difficulties, you should not immediately refuse the opportunity to establish obligations towards a foreign citizen regarding alimony payments for a minor child. Since the RF IC provides for a large number of features and nuances that can play into the hands of the recipient of funds.

Methods for collecting alimony

There are several methods for collecting alimony on the territory of the Russian Federation:

1. Voluntary method. In this case, an agreement on material support for the minor is concluded between the person obligated for alimony and the recipient of the funds. A mandatory condition for the validity of this type of agreement is its notarization. In the case of a foreign citizen, it is best to duplicate the Russian version of the agreement in the language of the state of the second parent for a more detailed understanding of the aspects of the agreement.
2. Forced way. In this situation, the plaintiff goes to court to force the collection of alimony in favor of the minor. However, the effect of a Russian court decision does not always extend to the territory of the state where the minor’s second parent lives, so in this case it is almost impossible to collect alimony.

Parents can agree on financial support without any contracts or going to court, but in this case no one guarantees the actual execution of oral agreements. A foreign parent may leave the territory of the Russian Federation and no longer get in touch, simply to avoid paying money for child support.

Collection of funds from a foreigner

The collection of alimony from a foreign citizen completely depends on several factors that affect not only the possibility of collecting funds, but also the possibility of applying enforcement measures.

Important aspects of collecting alimony from a foreign citizen include:

1. Is the citizen a permanent resident of the Russian Federation? If a person obligated for alimony permanently resides in the territory of the Russian Federation, then he must obey local legislation in full. In this case, it will be easier to collect funds than in a situation where a foreigner permanently resides in his or her country.
2. Does the Russian Federation have international agreements on cooperation with the state from which the foreigner arrived? If there are no agreements, then collection of funds is almost impossible.

There is no clear answer on how to recover funds for a child from a foreign parent, since each situation requires a lot of analysis and verification of compliance with all parameters. The opportunity to forcibly collect a debt may arise at any time, but such a moment may simply not exist in the future.

If the father lives in Russia

The simplest way to collect alimony from a foreign citizen living in Russia is to conclude an agreement on the fulfillment of alimony obligations. The agreement reflects all aspects of the payment of funds, the amount of maintenance and the procedure for their provision.

It is recommended to enter into contracts with monthly payments, although the law provides for the possibility of reducing payments to quarterly or annual. In this way, you can track the diligence of the person obligated for alimony and, in the event of unforeseen circumstances, try to find a way to influence the foreign citizen.

To conclude an agreement, the following documents will be required:

• passports of the parties, and a Russian citizen must provide his national passport, and a foreign citizen must provide a passport of his country, and not an international document;
• birth documents of a minor, which contain information about both parents;
• documents on the income of the person liable for alimony;
• a check or receipt for payment of the state fee for notary services.

If a citizen leaves the Russian Federation, then the legal force of the agreement or court decision, if the collection of alimony took place in court, may be canceled. This is only possible if the decisions of Russian courts are not a source of legal force on the territory of a foreign state.

If the father lives abroad

It is almost impossible to find a foreign citizen living outside the Russian Federation for forced collection of alimony, especially in situations where Russian legal documents are not valid in the foreigner’s country of residence. In this case, he is completely protected from the collection of alimony in favor of a minor child.

If the Russian Federation has agreements with a foreign state in whose territory one of the minor’s parents lives and has citizenship of that country, the court decision to collect alimony will be legalized and accepted for execution.

If there are no agreements, then the plaintiff’s lawyer can formulate a request to the embassy of the state whose citizenship the person obligated for alimony has.

In the second case, it is almost impossible to appeal the decision or somehow help change it.

The recipient of the funds has only one option: to file a claim for alimony in a Russian court and hope that one day the foreigner will cross the territory of the Russian Federation.

In this case, if there is a significant debt, enforcement proceedings will be initiated against the person and until the debt is repaid, the citizen of a foreign state will simply not be released from the Russian Federation.

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:

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 .

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:

Collection of alimony from a foreign citizen in 2023: judicial practice

Every parent must provide their children with financial support. That is why the law provides for the payment of alimony. But it is generally accepted that in Russia they can only be collected from citizens, while foreigners are not required to pay alimony. However, the collection of alimony from a foreign citizen is carried out quite often.

General information

The collection of alimony from a foreigner depends on various factors. Sometimes the procedure becomes more complicated, so before going to court you need to clarify the following:

1. Has paternity been established? If the child’s parents were officially married, then in the documents the foreign citizen may be indicated as the father by default. If the relationship was not registered, then recognition of paternity by the payer is required. If paternity has not been established, a DNA test will have to be done.
2. Place of residence of the foreigner. It is important to establish where the payer permanently resides - in Russia or abroad.

If a foreigner lives legally in Russia, then he must obey the relevant laws. This means that there should be no problems with collecting alimony. But if he lives abroad, then the procedure depends on the existence of a certain international treaty. If there is no such document, the decision of the Russian court will not be valid on the territory of a foreign state.

International treaties regulating the collection of alimony establish the following:

• payment of financial assistance for a child is carried out according to the laws of the country in which he lives;
• the foreign state must assist in searching for the debtor.

To recover payments, you must go to court.

Collection procedure

If a foreigner lives in Russia, the parties can enter into a peace agreement on payments. This document must be drawn up by a notary, since without this it can easily be declared invalid. The procedure will require the following documents:

1. Personal documents of parents.
2. Papers for a child.
3. Documents confirming the payer’s income level.

Notary services will cost the couple 5 thousand 200 rubles. This is a fixed fee for certifying such a document.

Collection in court

An application for the collection of alimony in court is drawn up on the basis of Art. 131 Code of Civil Procedure of the Russian Federation. The claim must include the following items:

1. Name and address of the judicial authority.
2. Information about the parties. You must indicate the full names of the plaintiff and defendant, as well as their addresses and contact numbers.
3. Then comes the main part. It describes the circumstances under which the defendant refused to voluntarily pay alimony.
4. Requirement. In this part of the document, the plaintiff must indicate the request for collection of alimony, the amount, method of payment, etc.
5. List of documents provided to the court.
6. Date, signature.

Alimony can be collected from a foreigner either as a fixed amount or as a share of earnings. The calculation procedure in this case is standard. As for going to court, jurisdiction should be taken into account. Typically, claims for the collection of alimony are filed in magistrates' courts, but if the amount of debt is too large (more than 50 thousand rubles), then you should contact the district or city court.

After the decision is made, the writ of execution is sent to the bailiffs or to the payer’s place of work. But if a foreign citizen acting as a defendant lives in the territory of another state, the collection procedure becomes more complicated.

The decision of a Russian court on the territory of this country will be invalid if there is no corresponding international treaty. If there is a document, then the claimant needs:

1. File a claim in a Russian court. In this case, alimony is indicated only in a fixed fixed amount.
2. Notify the defendant that a claim has been filed. It is necessary to indicate in great detail the address of the judicial authority, as well as the date of consideration of the claim. The letter must be registered.
3. When the court decision comes into force, the plaintiff must send a special petition to the Ministry of Justice of the relevant state. This document is needed to inform about the possible forced collection of alimony.

All documents sent abroad must be translated and certified. Then the petition can be accepted and then the claimant will begin to receive alimony. If refused, it is very difficult to appeal. Bailiffs can only assess the debt that the parent will have to pay when visiting Russia.

Let's sum it up

Judicial practice on the collection of child support from parents who have citizenship of another country is quite diverse. If the payer lives in Russia, a simplified collection procedure is used.

But if he is constantly outside the country, then even the decision of the Russian court may be ignored by local authorities.

However, it is necessary to carry out the procedure at least for the official accrual of debt.