European UnionMy ex moved countries to avoid paying maintenance. Can the order follow them?
Yes, maintenance orders made in one EU country can generally be enforced in another EU country under EU Regulation (EU) No 4/2009.
What the Law Says
The EU’s Maintenance Regulation ensures that maintenance decisions made in one Member State are recognised and enforceable across the EU without special procedures.
Regulation (EU) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations applies to all EU countries (except Denmark). It allows maintenance orders issued in one Member State to be directly enforced in another — no need for re-hearing or new judgment.
Under Article 20, an enforceable maintenance decision from one Member State must be recognised and enforced in another 'without any special procedure' — meaning the creditor (e.g., you) can apply directly to the competent authority in the debtor’s new country.
The regulation also guarantees free legal aid for applicants seeking enforcement of maintenance claims in cross-border cases (Article 46), and sets strict deadlines: authorities must recognise and declare enforceability within six weeks of receiving the application (Article 23).
Statutory TextA decision on maintenance obligations given in a Member State shall be recognised in the other Member States without any special procedure being required.
— Regulation (EU) No 4/2009, Art. 20 — Recognition and enforcement
Statutory TextThe competent authority shall decide on the application for a declaration of enforceability within six weeks of receipt thereof.
— Regulation (EU) No 4/2009, Art. 23(1) — Time limit for decision
What Courts Have Said
EU courts have consistently upheld the direct enforceability of maintenance orders across borders under Regulation No 4/2009.
The CJEU confirmed that national courts cannot refuse enforcement of a maintenance order from another Member State solely because the debtor has moved abroad — the regulation’s objective is to prevent evasion.
The Court ruled that refusal to enforce based on alleged procedural defects in the original proceedings is incompatible with Regulation No 4/2009 unless those defects violate fundamental rights.
What to Do
Contact your national Central Authority (listed at e-justice.europa.eu) — they’ll help transmit your enforcement request to the authority in your ex’s new country.
Submit certified copies of the original maintenance order and proof it is enforceable in your home country (e.g., a certificate under Article 53).
Apply for free legal aid — available in all EU countries for cross-border maintenance cases.
If enforcement stalls, ask the Central Authority to escalate via the EU’s ‘Cooperation Mechanism’ (Regulation Art. 58–62).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.