Laws of the Russian Federation on the family

Section V. MAINTENANCE OBLIGATIONS OF FAMILY MEMBERS

Chapter 13. ALIMENT OBLIGATIONS OF PARENTS AND CHILDREN

Article 80. Duties of parents on the maintenance of underage children

1. Parents are required to maintain their minor children. The procedure and form of providing maintenance to minor children are determined by the parents themselves.

Parents have the right to conclude an agreement on the maintenance of their minor children (an agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. If the parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

3. In the absence of an agreement between the parents on the payment of alimony, in the event of failure to provide maintenance to minor children and in case of failure to file a claim in court, the guardianship and guardianship body has the right to bring a claim for the recovery of alimony for minor children against their parents (one of them).

Article 81. The amount of maintenance payable to juvenile children in the courts

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child — one quarter, for two children — one third, for three or more children — half of the earnings and (or) other income of the parents …

2. The size of these shares may be reduced or increased by the court, taking into account the material or marital status of the parties and other circumstances worthy of attention.

Article 82. Types of earnings and (or) other income, from which the maintenance of alimony for minor children is made

The types of earnings and (or) other income that parents receive in USD and (or) in foreign currency and from which maintenance is withheld, collected for minor children in accordance with Article 81 of this Code, are determined by the Government of the Russian Federation.

Article 83. Collection of alimony for underage children in a hard cash amount

1. In the absence of parental agreement on the payment of alimony for minor children and in cases where the parent who is obliged to pay maintenance, has irregular, variable earnings and (or) other income, or if this parent receives income and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if collection of alimony in the share of earnings and (or) other income of the parent is impossible, difficult or materially violates interests of one of the parties, the court is entitled to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a firm monetary amount.

2. The size of a firm amount of money is determined by the court on the basis of the maximum possible preservation of the child’s previous level of security, taking into account the material and marital status of the parties and other circumstances worthy of attention.

3. If children remain with each parent, the amount of alimony from one of the parents in favor of another, less well-off, is determined in a fixed amount of money that is collected monthly and determined by the court in accordance with paragraph 2 of this article.

Article 84. Recovery and use of alimony for children left without parental care

1. For children left without parental care, alimony is collected in accordance with Articles 81-83 of this Code and paid to the guardian (custodian) of the children or their adoptive parents.

2. Alimony collected from parents for children left without parental care and staying in educational institutions, medical institutions, institutions of social protection of the population and other similar institutions shall be credited to the accounts of these institutions, where they are accounted separately for each child.

These institutions are entitled to deposit these amounts in banks. Fifty percent of the income from the circulation of received amounts of alimony is used for the maintenance of children in these institutions. When a child leaves such an institution, the amount of alimony received on him and fifty percent of the income from their circulation are credited to an account opened in the name of the child in a branch of the Savings Bank of the Russian Federation.

Article 85

1. Parents are obliged to support their disabled adult children in need of assistance.

2. In the absence of an agreement on the payment of alimony, the amount of alimony for disabled adult children is determined by the court in a fixed amount of money payable monthly, based on the financial and marital status and other noteworthy interests of the parties.

Article 86. Participation of parents in additional expenses for children

1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult needy children, the need to pay outside care for them and other circumstances), each of the parents may be involved by the court in bearing additional expenses caused by these circumstances .

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.

2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that must be made in the future.

Article 87. Obligations of adult children to support parents

1. Able-bodied adult children are obliged to support and take care of their disabled parents who need help.

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

3. The amount of alimony collected from each of the children is determined by the court on the basis of the material and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money to be paid monthly.

4. When determining the amount of alimony, the court shall have the right to take into account all able-bodied adult children of a given parent, regardless of whether a claim has been presented to all children, to one of them or to several of them.

5. Children may be released from the obligation to support their disabled parents in need of assistance, if the court finds that the parents have evaded their parental duties.

Children are exempted from paying alimony to parents deprived of parental rights.

Article 88. Participation of adult children in additional expenses for parents

1. In the absence of care of adult children for disabled parents and in the presence of exceptional circumstances (serious illness, injury to a parent, the need to pay for outside care for him and others), adult children may be attracted by the court to participate in bearing additional expenses caused by these circumstances.

2. The procedure for incurring additional expenses by each of the adult children and the amount of these expenses are determined by the court, taking into account the financial and marital status of the parents and children and other noteworthy interests of the parties, subject to the provisions of paragraphs 3, 4 and 5 of Article 87 of this Code.

3. The procedure for incurring additional expenses and the amount of these expenses may be determined by agreement of the parties.

Chapter 14. SUPPORT OBLIGATIONS OF SPOUSES AND FORMER SPOUSES

Article 89

1. Spouses are obliged to financially support each other.

2. In case of refusal of such support and there is no agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse who has the necessary means for this, have:

• disabled needy spouse;
• wife during pregnancy and within three years from the date of birth of a common child;
• a needy spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I.

Article 90. The right of the former spouse to receive alimony after divorce

1. The right to demand the provision of alimony in court from the former spouse, who has the necessary means for this, have:

ex-wife during pregnancy and within three years from the date of birth of a common child;

a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I;

a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage;

a needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.

2. The amount of alimony and the procedure for their provision to the former spouse after the dissolution of the marriage may be determined by an agreement between the former spouses.

Article 91

In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed sum of money, payable monthly.

Article 92

The court may release a spouse from the obligation to support another disabled spouse in need of assistance or limit this obligation to a certain period both during the period of marriage and after its dissolution:

• in the event that the incapacity for work of the spouse in need of assistance has occurred as a result of the abuse of alcohol, narcotic drugs or as a result of the commission of an intentional crime;
• in case of short stay of spouses in marriage;
• in case of misbehavior in the family of the spouse requiring the payment of alimony.

Chapter 15. ALIMENTARY OBLIGATIONS OF OTHER FAMILY MEMBERS

Article 93

Minor brothers and sisters in need of assistance, if it is impossible to receive maintenance from their parents, have the right to receive alimony in court from their able-bodied adult brothers and sisters who have the necessary means for this. The same right is granted to disabled adult brothers and sisters in need of assistance if they cannot receive support from their able-bodied adult children, spouses (former spouses) or parents.

Article 94

Minor grandchildren in need of assistance, if it is impossible to receive maintenance from their parents, have the right to receive alimony in court from their grandparents, who have the necessary means for this. The same right is granted to adult disabled grandchildren who need assistance if they cannot receive maintenance from their spouses (former spouses) or from their parents.

Article 95. Duty of grandchildren to support grandparents

Disabled grandparents in need of assistance, if it is impossible to receive maintenance from their adult able-bodied children or from their spouse (former spouse), have the right to demand in court to receive alimony from their able-bodied adult grandchildren who have the necessary means for this.

Article 96

1. Disabled needy persons, who actually brought up and supported minor children, have the right to demand in court the provision of maintenance from their able-bodied pupils who have reached the age of majority, if they cannot receive maintenance from their adult able-bodied children or from spouses (former spouses).

2. The court has the right to release the pupils from the obligation to support the actual educators, if the latter have supported and educated them for less than five years, and also if they have supported and educated their pupils in an improper way.

3. The obligations provided for by paragraph 1 of this article shall not be imposed on persons who were under guardianship (trusteeship), or on persons who were brought up in foster families.

Article 97

1. A disabled stepfather and stepmother in need of assistance, who raised and supported their stepsons or stepdaughters, have the right to demand in court the provision of maintenance from able-bodied adult stepsons or stepdaughters who have the necessary means for this, if they cannot receive maintenance from their adult able-bodied children or from spouses (former spouses).

2. The court has the right to release stepsons and stepdaughters from the obligation to support their stepfather or stepmother, if the latter raised and supported them for less than five years, and also if they performed their duties of raising or maintaining stepchildren and stepdaughters in an improper manner.

Article 98

1. The amount and procedure for paying alimony for the persons specified in Articles 93-97 of this Code may be determined by agreement of the parties.

2. In the absence of an agreement between the parties, the amount of alimony to be exacted in court is established by the court in each individual case based on the financial and marital status of the alimony payer and recipient and other noteworthy interests of the parties in a fixed sum of money payable monthly.

3. If several persons are required to support a family member who requires alimony, the court, depending on their financial and family status, determines the amount of participation of each of them in the fulfillment of the alimony obligation.

When determining the amount of alimony, the court has the right to take into account all persons obliged to pay alimony, regardless of whether a claim is brought against all these persons, against one of them or against several of them.

The conditions and procedure for entering into maintenance agreements established by Chapter 16 apply to agreements entered into after March 1, 1996. Agreements on the payment of alimony concluded before March 1, 1996 are valid to the extent that they do not contradict the provisions of the Code (paragraph 5 of Article 169 of this document).

Chapter 16

Article 99. Conclusion of an agreement on the payment of alimony

An agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obliged to pay alimony and their recipient, and in case of incapacity of the person obliged to pay alimony and (or) the recipient of alimony — between the legal representatives of these persons. Not fully capable persons enter into an agreement on the payment of alimony with the consent of their legal representatives.

Article 100. Form of an agreement on the payment of alimony

1. An agreement on the payment of alimony is concluded in writing and is subject to notarization.

Failure to comply with the form of an agreement on the payment of alimony established by law entails the consequences provided for by paragraph 1 of Article 165 of the Civil Code of the Russian Federation.

2. A notarized agreement on the payment of alimony has the force of a writ of execution.

Article 101

1. The norms of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil transactions are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony.

2. The agreement on the payment of alimony may be changed or terminated at any time by mutual agreement of the parties.

The change or termination of the agreement on the payment of alimony must be made in the same form as the agreement on the payment of alimony itself.

3. A unilateral refusal to execute an agreement on the payment of alimony or a unilateral change in its terms is not allowed.

4. In the event of a significant change in the material or marital status of the parties and if an agreement is not reached on changing or terminating the agreement on the payment of alimony, the interested party has the right to apply to the court with a claim for changing or terminating this agreement. When deciding on the issue of changing or terminating the agreement on the payment of alimony, the court has the right to take into account any noteworthy interest of the parties.

Article 102

If the conditions for providing maintenance to a minor child or an adult incapacitated family member provided for in an agreement on the payment of alimony significantly violate their interests, in particular in the event of non-compliance with the requirements of paragraph 2 of Article 103 of this Code, such an agreement may be declared invalid in court at the request of the legal representative of the minor child or an adult incapacitated family member, as well as a guardianship and guardianship authority or a prosecutor.

Article 103

1. The amount of alimony paid under an agreement on the payment of alimony is determined by the parties in this agreement.

2. The amount of alimony established under an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive when collecting alimony in court (Article 81 of this Code).

Article 104

1. The methods and procedure for paying alimony under an agreement on the payment of alimony are determined by this agreement.

2. Alimony may be paid in shares of the earnings and (or) other income of the person obliged to pay the alimony; in a fixed amount of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as in other ways regarding which an agreement has been reached.

A child support agreement may provide for a combination of different ways of paying child support.

Article 105

Indexation of the amount of alimony paid under an agreement on the payment of alimony is carried out in accordance with this agreement. If the agreement on the payment of alimony does not provide for an indexation procedure, indexation is carried out in accordance with Article 117 of this Code.

Chapter 17. PROCEDURE FOR PAYING AND RECOVERING ALIMENT

Article 106. Collection of alimony by a court decision

In the absence of an agreement on the payment of alimony, the family members specified in Articles 80-99 of this Code have the right to apply to the court with a claim for the recovery of alimony.

Article 107. Time limits for applying for alimony

1. A person who has the right to receive alimony has the right to apply to the court with an application for the recovery of alimony, regardless of the period that has elapsed since the moment the right to alimony arises, if the alimony was not paid earlier under an agreement on the payment of alimony.

2. Alimony is awarded from the moment of going to court.

Alimony for the past period can be recovered within a three-year period from the moment of applying to the court, if the court established that, before going to court, measures were taken to receive funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony from their payment …

Article 108

1. In a case on the recovery of alimony, the court has the right to issue a decision on the recovery of alimony before the entry into force of the court decision on the recovery of alimony; when recovering alimony for minor children — until the court makes a decision on the recovery of alimony.

2. The amount of alimony to be recovered is determined by the court based on the financial and marital status of the parties. The amount of alimony collected for minor children is determined in accordance with Article 81 of this Code.

Article 109

The administration of the organization at the place of work of a person obliged to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution is obliged to monthly withhold alimony from the salary and (or) other income of the person obliged to pay alimony, and pay or transfer them at the expense of the person obliged to pay alimony, to the person receiving alimony, no later than three days from the date of payment of wages and (or) other income to the person obliged to pay alimony.

Article 110

Withholding of alimony on the basis of a notarized agreement on the payment of alimony can also be carried out if the total amount of deductions on the basis of such an agreement and executive documents exceeds fifty percent of the earnings and (or) other income of the person obliged to pay alimony.

Article 111

1. The administration of the organization that withheld alimony on the basis of a court decision or a notarized agreement on the payment of alimony is obliged, within three days, to inform the bailiff at the place of execution of the decision on the recovery of alimony and the person receiving the alimony about the dismissal of the person obliged to pay the alimony, as well as about his new place of work or residence, if she knows it.

2. A person obliged to pay alimony must, within the period established by paragraph 1 of this article, notify the bailiff and the person receiving alimony about the change of place of work or residence, and when paying alimony to minor children, about the presence of additional earnings or other income.

3. In the event of failure to provide information specified in paragraphs 1 and 2 of this article for an unjustified reason, the officials and other citizens guilty of this are held accountable in the manner prescribed by law.

Article 112

1. The collection of alimony in the amount established by the agreement on the payment of alimony or a court decision, as well as the collection of debt on alimony, is carried out from the earnings and (or) other income of the person obliged to pay alimony; in case of insufficiency of earnings and (or) other income, alimony is withheld from the funds of the person obliged to pay alimony, which are in bank accounts or other credit institutions, as well as from the funds transferred under agreements to commercial and non-profit organizations, except for agreements entailing the transfer of rights property. If these funds are insufficient, foreclosure is levied on any property of the person obliged to pay alimony, which, according to the law, may be foreclosed.

Consultant Plus: note.

On the procedure for foreclosure on the debtor’s property, see Chapter 8 of Federal Law No. 02.10.2007-FZ of October 229, XNUMX.

2. Foreclosure on funds in the accounts of a person obliged to pay alimony, and on his other property is carried out in the manner prescribed by civil procedural legislation.

Article 113. Determination of alimony arrears

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution shall be carried out within a three-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection.

2. In cases where alimony withholding on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, alimony is collected for the entire period, regardless of the three-year period established by paragraph 2 of Article 107 of this Code.

3. The amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.

4. The amount of debt on alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obliged to pay alimony for the period during which no alimony was collected. In cases where the person obliged to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection. If such a definition of debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to apply to the court, which can determine the debt in a fixed amount of money based on the material and marital status of the parties and other noteworthy circumstances.

5. In case of disagreement with the determination of alimony arrears by a bailiff, any of the parties may appeal against the actions of a bailiff in the manner prescribed by civil procedural legislation.

6. The amounts of the monthly allowance for a child established by federal law, paid during the period of the search for his parents evading the payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the amounts paid to the budgets of the constituent entities of the Russian Federation. These claims are equated to claims for the payment of alimony.

Article 114

1. Exemption from the payment of alimony debt or reduction of this debt when alimony is paid by agreement of the parties is possible by mutual agreement of the parties, except in cases of payment of alimony for minor children.

2. The court shall have the right, on the claim of a person obliged to pay alimony, to release him in whole or in part from the payment of alimony arrears, if it establishes that the non-payment of alimony took place due to the illness of this person or for other valid reasons and his financial and family situation does not allow the ability to pay off the resulting debt on alimony.

Article 115. Liability for late payment of alimony

1. If a debt is formed through the fault of a person who is obliged to pay alimony under an agreement on the payment of alimony, the guilty person shall be liable in the manner prescribed by this agreement.

2. When a debt is formed through the fault of a person obliged to pay alimony by a court decision, the guilty person shall pay a penalty to the alimony recipient in the amount of one tenth of a percent of the amount of unpaid alimony for each day of delay.

The recipient of the alimony is also entitled to recover from the person guilty of the late payment of the alimony, who is obliged to pay the alimony, all the losses caused by the delay in the fulfillment of the alimony obligations in the part not covered by the penalty.

Article 116

1. Alimony cannot be offset by other counterclaims.

2. The amounts of alimony paid out cannot be claimed back, except in the following cases:

cancellation of the court decision on the recovery of alimony in connection with the communication by the recipient of the alimony of false information or in connection with the submission of false documents by him;

recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deceit, threats or violence on the part of the alimony recipient;

establishment by a court verdict of the fact of forgery of a court decision, an agreement on the payment of alimony or a writ of execution on the basis of which alimony was paid.

3. If the actions listed in paragraph 2 of this article are committed by a representative of a minor child or an adult legally incompetent recipient of alimony, the reverse collection of alimony is not carried out, and the amounts of paid alimony are recovered from the guilty representative at the claim of the person obliged to pay alimony.

When indexing the amounts of alimony collected by a court decision in a fixed amount of money, the minimum wage established by Article 1 of the Federal Law of June 19.06.2000, 82 N 2006-FZ (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of XNUMX) should be applied.

Article 117. Indexation of alimony

1. Indexation of alimony collected by a court decision in a fixed amount of money is carried out by the administration of the organization at the place where the alimony is withheld in proportion to the increase in the minimum wage established by law.

2. For the purpose of indexation, the amount of alimony is established by the court in a fixed amount of money corresponding to a certain number of minimum wages.

Article 118

1. A person leaving for permanent residence in a foreign state has the right to conclude with family members whom he is obliged by law to provide maintenance, an agreement on the payment of alimony in accordance with Articles 99, 100, 103 and 104 of this Code.

2. If an agreement is not reached, the interested person has the right to apply to the court with a demand to determine the amount of alimony in a fixed sum of money and to pay alimony in a lump sum, or to provide certain property on account of alimony, or to pay alimony in another way.

Article 119

1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in a court of law, the financial or family situation of one of the parties has changed, the court shall have the right, at the request of either party, to change the established amount of alimony or to release the person obliged to pay alimony from paying them. When changing the amount of alimony or when exempting from paying them, the court may also take into account other noteworthy interests of the parties.

2. The court has the right to refuse to collect alimony to an adult capable person if it is established that he committed an intentional crime against the person obliged to pay alimony or in case of unworthy behavior of an adult capable person in the family.

Article 120. Termination of maintenance obligations

1. Aliment obligations established by the agreement on the payment of alimony shall be terminated by the death of one of the parties, the expiry of the term of this agreement or on the grounds provided by this agreement.

2. The payment of alimony that is collected in court is terminated:

• when the child reaches the age of majority or in the case of acquisition by minor children of full legal capacity until they reach the age of majority;
• with the adoption of a child, the maintenance of which was collected alimony;
• when the court recognizes the restoration of work capacity or the termination of the need for assistance of the recipient of alimony;
• when a disabled former spouse in need of assistance enters a new marriage, the recipient of alimony;
• the death of a person receiving alimony, or a person obliged to pay alimony.