Child Support in Cross-Border Cases

A child support dispute becomes cross-border when the parents or the child live in different countries, one of the parents earns income abroad or plans to move abroad permanently, or a child support judgment will need to be enforced outside Russia.

In such cases, calculating the amount of child support and preparing a claim is only part of the task. It is also necessary to establish where the other parent actually lives, whether the Russian courts have international jurisdiction, which country’s law applies to the child support obligation, how a defendant abroad must be properly served, how their income and actual financial position can be proved, and whether a Russian judgment can ultimately be recognised and enforced abroad. In some cases, it may be more effective to bring proceedings directly in the country where the other parent lives or to resolve the matter through a notarised child support agreement.

The main objective in a cross-border child support case is not simply to obtain a court judgment, but to structure the proceedings in a way that allows the child actually to receive financial support.

Before starting cross-border child support proceedings, it is important to establish where the paying parent actually lives, whether their exact address is known, where they work and receive income, and whether they have property or bank accounts in Russia. It is equally important to determine how they must be served with documents in the Russian proceedings and whether the country where they live recognises Russian court judgments.

These circumstances will often determine whether it is more effective to bring a claim in Russia, commence proceedings abroad, or attempt to reach an agreement between the parents.

Starting proceedings without addressing these issues may result in obtaining a judgment that is difficult, or in some cases impossible, to enforce.

The fact that one parent is a foreign national does not necessarily mean that foreign law will apply to the dispute.

Where the parents and the child live together in the same country, their child support rights and obligations are generally governed by the law of that country.

Where the parents live separately, their rights and obligations concerning the financial support of the child are, as a general rule, governed by the law of the country of which the child is a national. At the request of the person claiming child support, however, the law of the country where the child permanently resides may in certain circumstances be applied.

For example, where the child permanently lives in Russia, the claimant may in certain circumstances ask a Russian court to apply Russian law even if the other parent is a foreign national and lives abroad.

Before preparing a claim, it is therefore important to establish the child’s nationality and habitual or permanent residence, where the parents previously lived together, the nationality and place of residence of each parent, which law may apply to the dispute, and whether the claimant needs specifically to request the application of Russian law.

Russian courts may have jurisdiction over child support disputes involving foreign parties in a number of circumstances, including where the claimant resides in Russia. At the same time, the claimant may also need to consider whether proceedings can be brought in the country where the paying parent lives. The fact that a claim can be filed in Russia does not necessarily mean that Russian proceedings will be the most effective option.

Before choosing the jurisdiction, it is important to identify the defendant’s actual country of residence and current address, where they work and earn income, whether they have property or bank accounts in Russia, and whether they have income or assets abroad. It is also necessary to determine whether an international treaty applies between Russia and the relevant country, whether a separate procedure will be required to recognise a Russian judgment abroad, and how enforcement would work in practice.

A Russian court judgment does not automatically become enforceable in another country. In a cross-border child support case, the question is therefore not only where a judgment can be obtained, but also where that judgment can realistically be enforced.

In some circumstances, commencing proceedings directly in the country where the paying parent lives or holds assets may make subsequent enforcement considerably easier.

If a foreign court has already issued a child support judgment and the debtor lives or owns property in Russia, a separate procedure for recognition and enforcement of that judgment in the Russian Federation may be required.

Read more: How to Enforce a Foreign Child Support Judgment in Russia

Where the defendant lives in another country, simply sending a copy of the claim by post may not be sufficient. It is necessary to determine whether the 1965 Hague Service Convention applies, whether another international treaty is in force between Russia and the defendant’s country of residence, whether that country permits service by post, and whether documents must instead be transmitted through a designated Central Authority or by another prescribed method. Translation requirements must also be checked, together with the form of evidence that will confirm proper service and whether the defendant has been given sufficient time to participate in the proceedings.

Ordinary service under Russian domestic procedural rules does not necessarily amount to valid international service.

Improper service may result in repeated adjournments, the need to serve the documents again, or even the judgment being set aside. It may also create serious difficulties at the enforcement stage if a foreign court concludes that the defendant was not properly notified or did not have a genuine opportunity to participate in the proceedings.

Service is particularly important where the Russian judgment may later need to be recognised abroad. The foreign court may require documentary evidence that a defendant who did not participate in the Russian proceedings was duly and timely served.

Under Russian law, child support for a minor child may be awarded as a proportion of the parent’s earnings and other income, as a fixed monthly amount, or through a combination of both methods. A percentage-based award may be effective where the parent has stable official income and information about that income is available to the court and enforcement authorities.

A fixed amount may be more appropriate where the parent’s income is irregular or fluctuating, paid in a foreign currency, derived from several sources, connected with business, creative or project-based work, formally understated, not supported by official documentation, or earned wholly or partly abroad.

When determining a fixed amount of child support, the court takes into account the financial and family circumstances of both parents, the needs of the child, and the objective of preserving, as far as possible, the child’s previous standard of living.

Establishing a child’s general right to financial support is usually easier than establishing an entitlement to an amount substantially above the statutory subsistence level. It is not normally enough simply to state that the other parent is wealthy, earns income abroad, or enjoys an expensive lifestyle. Nor is a general list of desired expenditure necessarily sufficient.

A claim for substantial child support should be supported by evidence showing the child’s standard of living before the parents separated, the regular expenses previously incurred for the child, the school or nursery the child attended, and the extracurricular activities and additional tuition that were paid for. It may also be important to show whether those expenses had been agreed by both parents, whether the other parent previously contributed to them, what the child’s actual current needs are, and what the paying parent’s real financial circumstances are.

The amount claimed should ultimately be linked to evidence demonstrating that it is both justified and proportionate. The absence of officially declared income does not automatically mean that child support will be set at a minimum level. However, obtaining a substantial award generally requires a separate and carefully developed evidentiary strategy.

Read more: How to Claim a Substantial Amount of Child Support and Prove the Child’s Expenses

The child’s expenses may be established through agreements with schools, nurseries and educational centres, documents confirming payment for extracurricular activities and sports, contracts with tutors and other specialists, medical records, invoices and health insurance documents, as well as evidence of expenditure on medicines, rehabilitation or a nanny.

Bank statements, receipts, tenancy agreements and evidence of expenditure on food, clothing, transportation and travel may also be relevant. Correspondence between the parents can be particularly important where it demonstrates that certain expenses had been discussed or agreed. Evidence of the family’s spending patterns before the separation can help establish the standard of living the child previously enjoyed.

A purely arithmetic list of expenses is often insufficient. For example, the cost of a private school is likely to carry greater evidential weight if the child already attended that school while the parents lived together, both parents agreed on the choice of school, and the other parent previously contributed towards the fees.

The issue is therefore not only how much was spent, but also how those expenses relate to the particular child’s needs and established standard of living.

The fact that a child lives in a country with a higher cost of living does not in itself mean that a Russian court will automatically calculate child support by reference to the foreign country’s subsistence level.

The claimant will normally need to provide evidence of the child’s permanent residence abroad and actual living expenses, including the costs of education, healthcare, insurance, extracurricular activities, housing and transportation. The child’s previous standard of living, the involvement of both parents in choosing schools, activities or other services, and the financial circumstances of each parent may also be relevant.

The key issue is therefore not the general cost of living in a particular country, but the specific and evidenced expenses of the particular child.

Official documents confirming income are not always readily available in cross-border cases. A parent may work under a foreign employment contract, receive income through their own company, have several sources of earnings, receive payments into foreign bank accounts, work without formal employment arrangements, formally declare only a small income, or conceal part of their actual earnings.

In these circumstances, the parent’s financial position may be established through a combination of direct and circumstantial evidence. Relevant evidence may include employment and services agreements, tax documents, bank transfers, information about companies and business activities, details of real estate and vehicles, housing expenses, travel history, expensive purchases, professional profiles and publications, correspondence between the parties, and information available through social media.

Social media posts alone will rarely prove a precise amount of monthly income. Combined with other evidence, however, they may help demonstrate that the parent’s officially declared income is inconsistent with their actual lifestyle.

Read more: How to Prove Foreign or Hidden Income in Child Support Proceedings

In addition to regular child support, parents may in certain circumstances be required to contribute towards additional expenses for the child. Such claims may arise, for example, in connection with medical treatment, rehabilitation, special care, the need to adapt accommodation to the child’s needs, or other exceptional circumstances.

Not every expense relating to education, travel or leisure will automatically qualify as an additional expense. Some of these costs may instead be taken into account when the court determines the general monthly amount of child support.

Before bringing a claim, it is therefore important to determine the legal nature of each expense: whether it should form part of the monthly child support award, whether it can properly be claimed as an additional expense, or whether it would be more appropriate to regulate it through an agreement between the parents.

Parents can regulate the financial support of their child without litigation by entering into a notarised child support agreement. Such an agreement may establish the amount and frequency of payments, the method of transferring funds and the mechanism for indexation. It can also regulate the payment of school fees, medical treatment and insurance, contributions towards extracurricular and sports activities, the allocation of major or unexpected expenses, lump-sum payments, or the transfer of property in satisfaction of child support obligations.

The parents may also agree on how the amount of support will be reviewed following a move to another country, how payments will be documented, and what consequences will follow if either party fails to comply with the agreement.

A notarised child support agreement has the status of an enforceable instrument in Russia, meaning that if the obligation is not performed voluntarily, enforcement can generally be sought without first obtaining a separate court judgment on the child support obligation.

In a cross-border situation, however, it is necessary to determine separately whether such an agreement can be recognised and enforced in the country where the paying parent lives.

Read more: How to Enter into a Child Support Agreement When One Parent Lives Abroad

I begin cross-border child support matters by analysing the situation as a whole rather than immediately preparing a standard court application.

At the initial stage, it is important to establish where the child and the other parent live, what income and assets can be documented, whether the other parent has income or property in Russia, whether any court judgments have already been issued, and in which country enforcement may ultimately be required. I also review the documents already available to the client, identify the additional evidence that may need to be collected, and determine the practical result the client is seeking.

On that basis, I can recommend the appropriate route. Depending on the circumstances, this may involve a legal consultation, preparation of documents, proceedings before a Russian court, coordination with foreign counsel, analysis of an existing foreign judgment, or development of a broader strategy for obtaining and enforcing child support.