Ban on traveling abroad for alimony debts

Ban on traveling abroad for alimony debts

Despite the fact that any citizen of Ukraine has freedom of movement by law, in some cases he may be prohibited from traveling outside Ukraine. However, movement within the country cannot be restricted.

A ban on traveling abroad can be imposed in several cases. One of the most common reasons for such a measure is the accumulated debt on alimony or credit obligations.

In addition, a ban on leaving Ukraine may not be imposed on all debtors, but only on those whose debt exceeded a certain amount established by the legislation of Ukraine. If there is arrears in the payment of alimony, the total amount of which exceeds the amount of the corresponding payments for four months, the state executive shall issue a reasoned resolution establishing a temporary restriction on the debtor’s right to travel outside of Ukraine.

The executor can remove the restriction only by fulfilling the requirements specified in the writ of execution. After the debt is repaid, the state executor issues a resolution to abolish the temporary restriction on the person’s right to leave Ukraine. This person is removed from control by the State Border Service of Ukraine from the above resolution.

When is a ban imposed on traveling abroad for non-payment of alimony?

Grounds on which travel restrictions may be imposed on a citizen. A ban on traveling abroad as one of the measures of liability for non-payment of alimony can only be imposed by the state executive service for individuals or individual entrepreneurs if they have accumulated debt for:

  • alimony;
  • loans.

The most common reasons for a ban on leaving Ukraine are arrears on alimony or loans.

If the payer does not fulfill his obligations, the case is referred to the court. The result of the claim is the issuance of a writ of execution for the state executor. The court’s decision and refusal to repay the debt are a weighty argument for restricting departure from Ukraine.

After a court decision is made, the plaintiff can independently submit a petition requesting to temporarily restrict the debtor’s ability to leave the country. The executor, after a violation of enforcement proceedings, is obliged to notify the defendant.

With what alimony debt are they not allowed to go abroad?

Travel abroad may be prohibited for debtors whose unfulfilled obligations have reached a certain amount. Today, the ban on traveling outside Ukraine threatens those who have accumulated payment debts, the total amount of which exceeds the amount of corresponding payments for four months.

A ban on traveling abroad may be imposed if a person has provided false information about himself. Or, if he is subject to military conscription for military service.

Can an alimony debtor leave Ukraine?

Arrears in child support payments may result in administrative and, in some cases, criminal penalties. One of the ways to influence a citizen who evades payment of alimony is to restrict leaving the country. Government officials have begun to resort to this method quite often in recent years.

In order to impose a ban on the debtor from moving outside Ukraine, the following conditions must be met:

  • alimony must be collected compulsorily; state enforcement agents cannot impose restrictions on travel without a writ of execution;
  • the payer did not fulfill the requirements specified in the writ of execution within the allotted time;
  • the amount of debt exceeds the amount of corresponding payments for four months.

If a voluntary agreement on alimony was concluded between the parties, but the payer does not fulfill the obligations specified in it, the recipient of payments has the right to apply to the court independently with a petition to restrict the defendant from traveling abroad.

It is impossible to impose restrictions on movement if the alimony debt arose without the fault of the payer. A valid reason could be his disability, an error in transferring funds, or inaccuracy in the transfer details specified by the recipient.

How to find out if there is a ban on traveling abroad for alimony debts?

Since not all citizens with debts are subject to such restrictions, before planning a departure it is recommended to clarify whether it is possible to leave the country and whether a corresponding ban has been imposed. This can be done both online and in person:

  • a citizen can independently contact the state executive service at his place of residence;
  • submit a written request to the Main Center for Processing Special Information of the State Border Service of Ukraine.
  • Information about restrictions on movement must be sent to the debtor at the postal address at the place of registration.

If it turns out that there is a travel ban, you must pay off the debt in advance to avoid problems with moving outside of Ukraine.

Is it possible to go abroad if there is a debt for alimony from a state executor?

Typically, at least four months pass from the moment the debt arises until the ban on travel outside Ukraine appears. The recipient of alimony has the right to go to court with a demand to forcibly collect the debt. The court decision is usually transferred to the state enforcement service, which is obliged to collect the debt.

If within 10 days after the violation of enforcement proceedings the debt is not repaid voluntarily, the debtor may be subject to a ban on crossing the borders of Ukraine.

It will not be possible to leave the country if restrictions are imposed. To cancel the ban, you need to pay off the debt. The payer can also contact the recipient of alimony and enter into a settlement agreement with him. The plaintiff can provide a statement that the debtor has been granted a deferment or installment plan and there are no claims against him, as a result of which the ban will be lifted.

Lifting the restriction on traveling outside Ukraine for alimony debts

The ban on leaving the country can be lifted only after the enforcement proceedings have been completed. In this case, the basis for completing debt collection proceedings is the actual fulfillment by the debtor of the requirements of the writ of execution, in other words, payment of the debt. After repaying the debt, you must provide the state executor with documents confirming payment.

Next, the executor issues a resolution to cancel the temporary restriction on the right to leave Ukraine.

However, the ban on traveling abroad ceases to apply only when this resolution from the state executive is received by the State Border Service of Ukraine. Copies of documents are sent to all parties to the proceedings.

Since the exchange of data between the State Executive Service of Ukraine and the State Border Service of Ukraine occurs electronically by updating the database, the ban on movement outside the country will be lifted immediately.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or a lawyer, your case of collecting alimony will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case for the collection of alimony, call or write to a lawyer and you will receive answers to all your questions.

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