Alimony in Russia can be established not only for minor children, but also for elderly parents who need additional care and attention from children. Russian legislation provides for the possibility of restoring alimony in Russia after the refusal of them. The procedure for restoring alimony is carried out in accordance with the established algorithm and has its own characteristics. Based on the practice of our lawyers, alimony issues concern minor children more than elderly parents. In relations with foreign citizens, this is a priority area for resolving conflicts between former spouses. Alimony can be levied on minor children both in marriage and in case of termination of relations by the spouses after divorce. Serious liability is served in Russia for failure to fulfill obligations to pay alimony. The state authorities involved in the enforced recovery of alimony from non-payers may put you on the wanted list and further testify in court about the non-payment of the alimony debt. Failure to pay alimony can result in deprivation of parental rights and a complete restriction of communication with the child.
It is worth noting an important point, alimony can be charged even if the marriage was not concluded, but paternity was established by the court or the children were adopted. The appointment of alimony can be carried out by: an agreement between the spouses on the payment of alimony, it is subject to mandatory notarization; on the basis of a court decision by way of action; on the basis of a court order. The restoration of alimony in Russia occurs in the event of termination of the agreement between the spouses in connection with reconciliation and the emergence of hope for the further good faith behavior of the alimony payer. A court decision that is not contested within the time allotted for this action has no retroactive effect and cannot be canceled.
Restoring alimony in Russia in case of termination of the agreement
As mentioned above, the legislation of the Russian Federation provides for the possibility of concluding an agreement on alimony, which is binding on both parties and is an enforcement document, that is, on the basis of this document, you can immediately obtain a writ of execution in court. The restoration of alimony under an agreement is permissible only in the event of its termination and the absence of a writ of execution under this document. If the court issued a writ of execution, then it will be impossible to terminate the agreement. In Russia, it is the court that issues writs of execution (orders), even if the basis is an agreement on the payment of alimony. If you have a situation that requires the restoration of child support in Russia, our lawyers will help you:
- Determine the possibility of restoring child support based on the legislation of the Russian Federation;
- We will draw up the necessary documents to the court, including drawing up a power of attorney, which will need to be certified by the Consulate of Russia, in order to assign the amount of alimony based on the amount of income of the alimony payer, or if we demand to establish payment in hard cash;
- We will provide you with written advice on the current problem and suggest ways to solve it;
- Full support and defense of your rights and legitimate interests in court, until the final decision is received;
- The cost of the child support restoration service is 2000 euros;
- The cost of the service does not include the issuance of a power of attorney at the Consulate of Russia on the territory of your country, as well as expertise, if required by the court. Delivery of documents is also carried out separately;
- We also provide assistance in litigation, divorce and determining the order of communication with the child.
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Restoring alimony in Russia for a child in the prsence of a court decision
As mentioned above, the court's decision has no retroactive effect, that is, if the court decision was not appealed against in accordance with the procedural legislation of Russia, it cannot be canceled, which removes the need to restore child support. It is also impossible to go to court again in the same case. In the case of alimony, it is possible to go to court if the income of the alimony payer is so small that a reconsideration of the case and the establishment of payments in a fixed amount are required. Only in such a situation, the court has the full right to reconsider the case and make a new decision. If you are affected by a similar situation and you need to deal with the problems of alimony in Russia, our lawyers are ready to defend you and your interests in the courts and stop violating the law.