ALIMONY SETTLEMENT IN RUSSIA: FINANCIAL SUPPORT FOR PARENTS AND CHILDREN

Important Disclaimer

The below Family Law text on alimony in Russia and financial support for parents and children should be used for information purposes only and appropriate legal advice should be sought as and when appropriate.

For legal advice on financial support for parents and children (alimony in Russia) contact Mr Maxim POLYAKOV, your Russian qualified lawyer, member of the Moscow City Bar Association, tel. +7-495-518-72-62, email maxim@arbitratus.ru (English or Russian).

The Family Code of the Russian Federation

Chapter 13. Alimony Obligations of Parents and of Children

On the application by the Courts of the present Code of the Russian Federation in the examination of cases on the establishment of paternity and on the recovery of alimony, see Resolution of the Plenary Session of the Supreme Court of the Russian Federation No. 9 of October 25, 1996

Article 80. The Parents' Obligations in Maintaining Children

1. The parents shall be obliged to maintain their underaged children. The procedure and form of providing for the maintenance of the underaged children shall be defined by the parents on their own.

The parents shall have the right to conclude an agreement on the maintenance of their underaged children (an agreement on the payment of alimony) in conformity with Chapter 16 of the present Code.

2. If the parents do not provide maintenance to their underaged children, the means for maintaining the underaged children (the alimony) shall be exacted from the parents through court.

3. If, in the absence of the parents' agreement on the payment of alimony, no maintenance is provided for the underaged children and no claim is filed with the court, the guardianship and trusteeship body shall have the right to file a claim for exacting the alimony for the underaged children against their parents (against one of them).

Article 81. The Amount of Alimony to Be Exacted for Underaged Children Through Court

1. In the absence of an agreement on the payment of alimony, the alimony for the underaged children shall be exacted by the court from their parents monthly earnings in the amount of one fourth of the parents' earnings and (or) of another kind of income for one child, one third - for two children, and half of the parents' earnings and (or) other income - for three or more children.

2. The amount of these shares may be reduced or increased by the court with account for the material situation or the family status of the parties, and also for other circumstances worthy of attention.

Article 82. The Kinds of Earnings and (or) of Other Income from Which Alimony for Underaged Children Shall Be Taken

The kinds of the earnings and (or) of other income, received by the parents in roubles and (or) in foreign currency, from which an alimony for underaged children shall be withheld in conformity with Article 81 of the present Code, shall be determined by the Government of the Russian Federation.

The List of Types of Salaries and Other Incomes From Which Alimony Are Deductible for Minor Children was approved by Decision of the Government of the Russian Federation No. 841 of July 18, 1996

Article 83. Exaction of Alimony for Underaged Children as a Fixed Monetary Amount

1. If there is no parents' agreement on the payment of alimony for underaged children, and if the parent obliged to pay the alimony, has irregular or changing earnings and (or) other income, or if this parent receives these earnings and (or) other income fully or in part in kind or in foreign currency, or if he has no earnings and (or) other income, and also in other cases, if the exaction of the alimony as a share of the parent's earnings and (or) other income is impossible, difficult or essentially infringes upon the interests of one of the parties, the court shall have the right to define the amount of the alimony, to be exacted monthly, as a fixed monetary amount, or as the share (in conformity with Article 81 of the present Code) and as a fixed monetary amount simultaneously.

2. The size of the fixed monetary amount shall be defined by the court, proceeding from an attempt to ensure to the maximum possible extent the child's former maintenance level, taking into account the material situation and the family status of the parties and other circumstances worthy of attention.

3. If both of the parents has the children staying with him, the size of the alimony, taken from one of the parents in favour of the other parent, worse provided for, shall be defined as a fixed monetary sum, to be exacted monthly and to be defined by the court in conformity with Item 2 of the present Article.

Article 84. Exaction and Use of Alimony for Children, Left Without Parental Care

1. The alimony for the children left without parental care, shall be exacted in conformity with Articles 81-83 of the present Code and shall be paid out to the guardian (the trustee) of the children, or to their foster parents.

Federal Law No. 49-FZ of April 24, 2008 amended Item 2 of Article 84 of this Code. The amendments shall enter into force from September 1, 2008

2. The alimony exacted from the parents for the children left without parental care and staying at educational establishments, medical centres, institutions for the social protection of the population or at other similar institutions, shall be entered onto the accounts of these institutions, where they shall be registered separately by every child. The said institutions shall have the right to deposit these sums of money into banks.

Fifty per cent of the incomes from the circulation of the deposited alimonies shall be used for maintaining the children at the said institutions. When the child leaves such an institution, the sum of alimony received for him, and fifty per cent of the income derived from its circulation, shall be entered onto the account opened in the child's name at a branch of the Savings Bank of the Russian Federation.

Article 85. The Right to Alimony of Disabled Adult Children

1. The parents shall be obliged to maintain their disabled adult children in need of assistance.

2. In the absence of an agreement on the payment of the alimony, the amount of the alimony for the disabled adult children shall be defined by the court as a fixed monetary sum subject to monthly payment, proceeding from the material situation and the family status, and also from other interests of the parties worthy of attention.

Article 86. The Parents' Participation in Extra Expenses for Children

1. In the absence of an agreement and in the face of some emergency circumstances (a grave illness, a severe injury of the underaged children or the existence of disabled adult needy children, taking care of whom makes it necessary to pay for outside help, and other circumstances), each of the parents may be obliged by the court to bear extra expenses, called forth by these circumstances.

The method of the parents' participation in bearing extra expenses and the amount of these expenses shall be determined by the court, proceeding from the material situation and the family status of the parents and of the children, and also from the other interests of the parties, worthy of attention, as a fixed monetary sum, subject to monthly payment.

2. The court shall have the right to oblige the parents to take part both in the actually borne extra expenses and in the extra expenses, which it would be necessary to make in the future.

Article 87. The Duties of Adult Children in Maintaining Parents

1. The able-bodied adult children shall be obliged to maintain their disabled parents in need of assistance, and to take care of them.

2. In the absence of an agreement on the payment of the alimony for disabled parents in need of assistance, the alimony shall be exacted from the able-bodied adult children through the court.

3. The amount of alimony exacted from every child, shall be defined by the court, proceeding from the material situation and the family status of the parents and of the children, and from the other interests of the parties worthy of attention, as a fixed monetary sum, subject to the monthly payment.

4. When defining the amount of the alimony, the court shall have the right to take into account all the able-bodied adult children of the given parent, regardless of whether the claim was filed against all the children, against one of them, or against a few of them.

5. The children may be relieved of the duty to maintain their disabled parents in need of assistance if the court establishes that the parents have shirked the discharge of parental duties.

The children shall be relieved of the payment of the alimony to the parents deprived of the parenthood.

Article 88. Participation of Adult Children in Extra Expenses on Parents

1. In the absence of the adult children's care of their disabled parents, and in the face of emergency circumstances (a serious illness or a grave injury of the parent, the need to pay for outside help, etc.), the adult children may be obliged by the court to take part in bearing extra expenses called forth by these circumstances.

2. The way of bearing extra expenses by every adult child and the amount of these expenses shall be determined by the court, with account for the material situation and the family status of the parents and of the children, and of the other interests of the parties worthy of attention, while abiding by the provisions of Items 3, 4 and 5, Article 87 of the present Code).

3. The method of bearing extra expenses and the amount of these expenses may also be defined by an agreement between the parties.

Chapter 14. The Alimony Obligations of Spouses and of Ex-Spouses

Article 89. The Spouses' Duties as per the Mutual Maintenance

1. The spouses shall be obliged to materially support each other.

2. In case of refusal to render such support and in the absence of an agreement between the spouses on the payment of alimony, the right to claim for alimony through court from the other spouse who possesses the necessary means for this, shall be enjoyed by:

- a needy disabled spouse;

- the wife in the period of pregnancy and in the course of three years after the birth of the common child;

- a needy spouse looking after the common invalid child, until the child reaches the age of 18 years, or after the common child - the 1st group invalid from childhood.

Article 90. The Ex-Spouse's Right to Alimony after the Dissolution of the Marriage

1. The right to claim alimony through the court from the ex-spouse, who possesses the necessary means for this, shall be enjoyed by:

- the ex-wife in the period of pregnancy and in the course of three years after the birth of the child;

- a needy ex-spouse, looking after the common invalid child, until the child reaches the age of 18 years, or looking after the common child - the 1st group invalid from childhood;

- a disabled needy ex-spouse, who has become disabled before the dissolution of the marriage or in the course of one year from the moment of the dissolution of the marriage;

- a needy ex-spouse who has reached pensionable age no later than five years since the dissolution of the marriage, if the spouses were married for a long time.

2. The amount of the alimony and the method of its payment to the ex-spouse after the dissolution of the marriage may be defined by an agreement between the ex-spouses. Article 91. The Amount of Alimony Exacted from Parents Through the Court

In the absence of an agreement between the spouses (the ex-spouses) on the payment of an alimony, the amount of the alimony to be exacted from the spouse (the exspouse) through the court, shall be defined by the court, proceeding from the material situation and the family status of the spouses (the ex-spouses) and from other interests of the parties worthy of attention, as a fixed monetary sum subject to the monthly payment.

Article 92. Relieving the Spouse of the Duty to Maintain the Other Spouse, or Restricting This Duty by a Term

The court may relieve the spouse of the duty to maintain the other disabled spouse in need of assistance, or restrict this duty by a definite term, both in the period of the marriage and after its dissolution, if:

- the disabledness of the spouse in need of assistance has set in as a result of the abuse of strong drink or drugs, or as a result of his committing a premeditated crime;

- the short term of the spouses' marriage;

- inappropriate behaviour in the family of the spouse claiming alimony.

Chapter 15. The Alimony Duties of Other Family Members

Article 93. The Brothers' and the Sisters' Duties in Maintaining Their Underaged and Disabled Adult Brothers and Sisters

Underaged brothers and sisters in need of assistance shall have the right, if it is impossible to be maintained by their parents, to receive through court alimony from their able-bodied adult brothers and sisters possessing the necessary means for this. The same right shall be granted to disabled adult brothers and sisters in need of assistance, if they cannot be maintained by their able-bodied adult children or spouses (ex-spouses) or by their parents.

Article 94. The Grandfather's and the Grandmother's Duties in Maintaining Their Grandchildren

Underaged grandchildren in need of assistance shall have the right, if it is impossible to be maintained by their parents, to receive through court alimony from their grandfather and grandmother possessing the necessary means for this. The same right shall be granted to the disabled adult grandchildren in need of assistance if they cannot be maintained by their spouses (ex-spouses) or by their parents.

Article 95. The Grandchildren's Duty to Maintain Their Grandfather and Grandmother

The disabled grandfather and grandmother in need of assistance shall have the right, if it is impossible to be maintained by their adult able-bodied children or by the spouse (the ex-spouse), to claim through the court alimony from their able-bodied adult grandchildren, possessing the necessary means for this.

Article 96. The Duty of the Wards to Maintain Those Persons, Who Have Actually Raised Them

1. The disabled persons in need of assistance who have actually brought up and maintained the underaged children, shall have the right to claim through the court a maintenance from their able-bodied wards, who have reached the majority, if they cannot get it from their able-bodied adult children or from their spouses (ex-spouses).

2. The court shall have the right to relieve the wards of the duty to maintain those persons who have actually raised them, if they have maintained and brought them up over less than five years, and also if they have maintained and brought them up in an improper way.

3. The duties stipulated by Item 1 of the present Article shall not be imposed upon those wards who have been put under guardianship (trusteeship), or who have been brought up in foster families.

Article 97. The Duties of the Stepsons and the Stepdaughters to Maintain Their Stepfather and Stepmother

1. The disabled stepfather and stepmother in need of assistance, who have brought up and maintained their stepsons or their stepdaughters, shall have the right to claim through a court maintenance from their able-bodied adult stepsons or stepdaughters who possess the necessary means for this, if they cannot get the maintenance from their adult able-bodied children or from their spouses (ex-spouses).

2. The court shall have the right to relieve the stepsons and the stepdaughters of the duty to maintain their stepfather or their stepmother, if the latter have brought them up and have maintained them for less than five years, and also if they have discharged their duties involved in bringing up and in maintaining their stepsons and stepdaughters in an improper way.

Article 98. The Amount of Alimony Exacted Through the Court for Other Family Members

1. The amount and the method of payment of alimony for the persons, indicated in Articles 93-97 of the present Code, may be defined by an agreement between the parties.

2. In the absence of an agreement between the parties, the amount of the alimony to be exacted through the court shall be established by the court in each particular case, proceeding from the material situation and the family status of the alimony payer and of the alimony recipient, and also from other interests of the parties worthy of attention, as a fixed monetary sum subject to the monthly payment.

3. If the duty to maintain a family member claiming alimony shall be discharged by several persons simultaneously, the court shall define, depending on their material situation and family status, the share of the participation of each of them in discharging the alimony duty. When determining the amount of the alimony, the court shall have the right to take into account all the persons obliged to pay the alimony, regardless of whether the claim was filed against all of these persons, against one of them, or against some of them.

Chapter 16. Agreements on the Payment of Alimony

Article 99. Concluding an Agreement on the Payment of Alimony

An agreement on the payment of alimony (on the amount, the terms and the method of payment of the alimony) shall be concluded between the person who is obliged to pay the alimony, and its recipient, and if the person, obliged to pay the alimony, and (or) the alimony recipient are disabled - between the legal representatives of these persons. The partially capable persons shall conclude an agreement on the payment of an alimony with the consent of their legal representatives.

Article 100. The Form of an Agreement on the Payment of Alimony

1. An agreement on the payment of alimony shall be concluded in written form and shall be subject to the notarial certification.

The non-observance of the law-established form of an agreement on the payment of alimony shall entail the consequences stipulated by Item 1, Article 165 of the Civil Code of the Russian Federation.

2. A notarially certified agreement on the payment of alimony shall have the force of a writ of execution.

Article 101. The Way of Concluding, Executing, Amending, Cancelling and Recognizing as Invalid an Agreement on the Payment of Alimony

1. Towards the conclusion, execution, cancellation and recognition as invalid of an agreement on the payment of alimony shall be applied the norms of the Civil Code of the Russian Federation regulating the conclusion, execution, cancellation and recognition as invalid of civil deals.

2. An agreement on the payment of an alimony may be amended or cancelled at any time by the mutual consent of the parties. The amendment or cancellation of an agreement on the payment of alimony shall be effected in the same form as the agreement on the payment of the alimony itself.

3. A unilateral refusal to execute an agreement on the payment of alimony, or a unilateral amendment of its terms shall not be admissible.

4. If an essential change takes place in the material situation or in the family status of the parties, and if they fail to come to an understanding as concerns the amending or the cancelling of the agreement on the payment of alimony, the interested party shall have the right to file a claim for amending or for cancelling this agreement with a court. When resolving the issue of amending or of cancelling an agreement on the payment of an alimony, the court shall have the right to take into account any interest of the parties worthy of attention.

Article 102. Recognizing as Invalid Agreements on the Payment of Alimony Violating the Interests of the Alimony Recipient

If the terms for providing maintenance to an underaged child or to an adult disabled family member, envisaged by an agreement on the payment of the alimony, essentially infringe upon their interests, in particular, in case of non-observance of the requirements of Item 2, Article 103 of the present Code, such an agreement may be recognized as invalid in court upon the claim of a legal representative of the underaged child or of the disabled adult family member, and also of the guardianship and trusteeship body or of the Prosecutor.

Article 103. The Amount of Alimony Paid under an Agreement on the Payment of Alimony

1. The amount of alimony paid under an agreement on the payment of an alimony, shall be defined by the parties to the agreement.

2. The amount of alimony established by an agreement on the payment of alimony for underaged children may not be less than the amount of alimony which they could have received if the alimony had been exacted through a court (Article 81 of the present Code).

Article 104. The Methods and the Procedure of the Payment of Alimony by an Agreement on Payment of Alimony

1. The methods and the procedure of the payment of an alimony by an agreement on the payment of an alimony shall be defined by this agreement.

2. The alimony may be paid as a share of the earnings and (or) of another income of the person obliged to pay the alimony; as a fixed monetary sum, paid at regular intervals; by giving property, and also in other methods, on which an agreement is reached.

In an agreement on the payment of alimony may be envisaged a combination of different ways of the payment of an alimony.

Article 105. Indexation of the Amount of Alimony to Be Paid by an Agreement on the Payment of Alimony

The indexation of the amount of the alimony paid by an agreement on the payment of alimony shall be effected in conformity with this agreement. If the method of the indexation is not envisaged in the agreement on the payment of alimony, the indexation shall be effected in conformity with Article 117 of the present Code.

Chapter 17. Procedure for the Payment and for the Exaction of Alimony

Article 106. Exaction of Alimony by a Court Decision

In the absence of an agreement on the payment of an alimony, the family members, indicated in Articles 80-99 of the present Code, shall have the right to file a claim with the court for exacting alimony.

Article 107. The Term for Applying for Alimony

1. The person enjoying the right to receive alimony shall have the right to turn to a court with an application for exacting alimony, regardless of the term which has passed from the moment when the right to an alimony arose, if alimony has not been paid out before by an agreement on the payment of alimony.

2. Alimony shall be adjudged as from the moment of turning to court.

Alimony for the past period may be exacted within a three-year term back from the moment of turning to the court, if the court establishes that the measures aimed at obtaining the means for the maintenance were duly taken, but no alimony was received, because the person who was obliged to pay alimony avoided its payment.

Article 108. Exaction of Alimony Before Resolving Dispute in Court

1. On a case on exacting an alimony, the court shall have the right to pass a ruling on the exaction of alimony before the court decision on the exaction of alimony comes into legal force; and on its exaction for underaged children - even before the court takes a decision on the exaction of the alimony.

2. The amount of the alimony to be exacted shall be defined by the court, proceeding from the material situation and the family status of the parties. The amount of alimony to be exacted for the underaged children, shall be defined in conformity with Article 81 of the present Code.

Article 109. The Duty of the Administration of an Organisation to Withhold Alimony

The administration of an organisation at the place of the job of a person who is obliged to pay alimony on the ground of a notarially certified agreement on the payment of alimony, or on the ground of the court order, shall be obliged to withhold the alimony every month from the wages and (or) from other income of the person obliged to pay the alimony, and shall be obliged to pay or to transfer it at the expense of the person, obliged to pay the alimony, to the person receiving the alimony no later than within three days from the payment of the wages and (or) of another income to the person obliged to pay an alimony.

Article 110. Deduction of Alimony on the Ground of an Agreement on the Payment of Alimony

The deduction of alimony on the ground of a notarially certified agreement on the payment of alimony may also be effected if the total amount of the deductions made on the ground of such an agreement and of the court documents is over 50 per cent of the earnings and (or) of another income of the person obliged to pay alimony.

Article 111. The Duty to Inform about the Change of the Place of the Job of the Person Obliged to Pay the Alimony

1. The administration of an organisation which withheld alimony on the ground of a court decision or a notarially certified agreement on the payment of alimony, shall be obliged to inform within a three-day term the officer of justice at the place of executing the decision on exacting alimony, and the person receiving the alimony, about the dismissal of the person obliged to pay alimony, and also about his new place of job or residence, if it is aware of it.

2. The person paying alimony shall be obliged, within the term established by Item 1 of the present Article, to inform the officer of justice and the person receiving alimony about the change of his/her job or residence, and in case the alimony is paid to underaged children - also about the existence of extra earnings or of other income.

3. In the case of non-provision, for no sound reason, of the information indicated in Items 1 and 2 of the present Article, the official persons and the other citizens guilty of this shall be called to answer in the law-established procedure.

Article 112. Turning the Exaction onto the Property of the Person Obliged to Pay Alimony

1. The alimony in the amount established by an agreement on the payment of the alimony or by a court decision, as well as the debt under alimony shall be exacted from the earnings and (or) other income of the person, obliged to pay the alimony; if the earnings and (or) other income prove to be insufficient, the alimony shall be exacted from the monetary means of the person obliged to pay the alimony, which are on his accounts in the banks or in other credit institutions, and also from the monetary means transferred by contracts to the commercial and the non-profit organisations, except for contracts entailing the transfer of the right of ownership. If these means are insufficient, the exaction shall be turned onto any property of the person obliged to pay the alimony, onto which the exaction may be turned by force of law.

2. The turning of the exaction onto monetary means in the accounts of the person obliged to pay an alimony, and on his other property, shall be effected in conformity with the procedure, stipulated by the civil procedural legislation.

Article 113. Defining the Debt by Alimony

1. The exaction of alimony for the past period on the ground of an agreement on the payment of alimony or on the ground of a court order shall be effected within a three-year term, preceding the presentation of the court order or of the notarially certified agreement on the payment of the alimony due to exaction.

2. In the cases when the deduction of alimony on the ground of a court order or on the ground of a notarially certified agreement on the payment of alimony was not effected otherwise than through the fault of the person obliged to pay alimony alimony shall be exacted for the entire period, regardless of the three-year term, decreed by Item 2, Article 107 of the present Code.

3. The amount of the debt shall be defined by the officer of justice proceeding from the amount of alimony, defined by the court decision or by the agreement on the payment of alimony.

4. The amount of the debt under alimony paid for underaged children in conformity with Article 81 of the present Code, shall be defined proceeding from the earnings and other income of the person obliged to pay alimony, over the period in the course of which no alimony was exacted. If the person, obliged to pay the alimony, did not work in this period, or if the documents confirming his earnings and (or) other income are not presented, the debt under alimony shall be defined proceeding from the average wage in the Russian Federation at the moment of exacting the debt. If such definition of the debt essentially infringes upon the interests of one of the parties, the party whose interests are infringed upon, shall have the right to turn to a court, which may define the debt as a fixed monetary sum proceeding from the parties' material situation and family status, and also from other circumstances worthy of attention.

5. In the case of the non-consent with the definition of the debt under alimony by the officer of justice, any of the parties may appeal against the actions of the officer of justice in conformity with the procedure stipulated by the civil procedural legislation.

6. The amounts of monthly allowance for the child established by federal law paid during the time of the search for his/her parents who avoid the payment of the alimony, shall be exacted from these parents in the part of their 50 per cent increase, with the adding of a 10 per cent mark-up from the paid-out sums to be entered into the revenue of the budget of the subjects of the Russian Federation. The said claims shall be equalized to the claim for the payment of the alimony.

Article 114. Relief of the Payment of the Debt under Alimony

1. Relief of the payment of the debt under alimony or reducing the amount of the debt by the payment of alimony by an agreement between the parties, shall be possible upon the parties' mutual consent, with the exception of the payment of alimony for underaged children.

2. The court shall have the right, by a claim of persons, obliged to pay alimony, to relieve him/her fully or in part of the payment of the debt by the alimony, if it establishes that the alimony was not paid in connection with this person's illness, or because of other valid reasons, and that his material situation and family status makes it impossible for him to service the debt which has accumulated under alimony.

Article 115. Responsibility for Untimely Payment of Alimony

1. If the debt arises through the fault of the person, obliged to pay the alimony under an agreement on the payment of alimony, the guilty person shall be called to answer in the procedure stipulated by this agreement.

Federal Law No. 106-FZ of June 30, 2008 amended Item 2 of Article 115 of this Code. See the Item in the previous wording

2. If the debt has arisen through the fault of the person obliged to pay the alimony by a court decision, the guilty person shall pay to the alimony recipient a penalty in the amount of one-second of one per cent from the amount of the unpaid alimony for every day of delay.

The alimony recipient shall also have the right to exact from the person, obliged to pay the alimony, who is guilty of its delayed payment, all the losses, caused by the delay in the execution of the alimony obligations, in the part not covered by the penalty.

Article 116. Inadmissibility of the Offsetting and Back Exaction of the Alimony

1. The alimony may not be offset against other counter claims.

2. The paid out sums of the alimony may not be claimed back, with the exception of the following cases:

- a repeal of the court decision on exacting the alimony, if the alimony recipient provided false information or if he presented forged documents;

- recognizing the agreement on the payment of the alimony as invalid because of its being concluded under the impact of deceit, threats or coercion on the part of the alimony recipient;

- establishment by the court sentence of the fact of forging the court decision, the agreement on the payment of the alimony or the court order, on the ground of which the alimony was paid.

3. If the actions, pointed out in Item 2 of the present Article are committed by the representative of an underaged child or of an adult legally incapable alimony recipient, the back exaction of the alimony shall not be effected, while the amounts of the paid out alimony shall be exacted from the guilty representative upon the claim of the person obliged to pay the alimony.

Article 117. Indexation of Alimony

1. The indexation of the alimony exacted by a court decision as a fixed monetary amount shall be effected by the administration of the organisation at the place of withholding the alimony, proportionately to the increase of the law-established amount of the minimum remuneration of labour.

2. For the purposes of indexation, the size of the alimony shall be established by the court as a definite number of the minimum sizes of the remuneration of labour.

Article 118. Payment of Alimony If the Person Obliged to Pay the Alimony Moves for Permanent Residence to a Foreign State

1. The person moving for permanent residence to a foreign state, shall have the right to conclude with the family members, for whom he is obliged by law to provide maintenance, an agreement on the payment of alimony in conformity with Articles 99, 100, 103 and 104 of the present Code.

2. If no agreement is reached, the interested person shall have the right to turn to the court with a claim for defining the size of the alimony as a fixed monetary sum and for the lump payment of the alimony, or for offering a certain property instead of the alimony, or for the payment of the alimony in another way.

Article 119. Amending the Size of the Alimony Established by a Court, and Relief of the Payment of the Alimony

1. If, in the absence of an agreement on the payment of the alimony, the material situation or the family status of one of the parties has changed, the court shall have the right, upon the claim of any one of the parties, to amend the established size of the alimony or to relieve the person obliged to pay the alimony of its payment. In changing the size of the alimony or in relieving him/her of its payment, the court shall also have the right to take into account any other interest of the parties worthy of attention.

2. The court shall have the right to refuse the exaction of alimony for an adult capable person if it is established that he/she has committed, with respect to the person obliged to pay the alimony, a premeditated crime, or in the case of a mean behaviour of the capable adult person in the family.

Article 120. Termination of Alimony Obligations

1. Alimony obligations established by an agreement on the payment of alimony, shall cease with the death of one of the parties, with the expiry of the term of operation of this agreement, or on the grounds stipulates by this agreement.

2. The payment of the alimony exacted through the court shall cease:

- when the child reaches 18 or if the underaged children acquire full legal capacity before their reaching 18;

- in case of adoption of the child for whose maintenance the alimony was exacted;

- if a court recognizes that the work capacity of the alimony recipient has been restored or that he is no longer in need of assistance;

- if the disabled ex-spouse in need of assistance who received the alimony enters into a new marriage;

- with the death of the person who received the alimony, or of the person obliged to pay the alimony.

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Important Disclaimer

The below Family Law text on alimony in Russia and financial support for parents and children should be used for information purposes only and appropriate legal advice should be sought as and when appropriate.

For legal advice on financial support for parents and children (alimony in Russia) contact Mr Maxim POLYAKOV, your Russian qualified lawyer, member of the Moscow City Bar Association, tel. +7-495-518-72-62, email maxim@arbitratus.ru (English or Russian).