I am disabled from 1999. I live in St. Petersburg. My son has been living in New York since 1993, he’s got a green card, works and has a bank account. I need to receive alimony payments from him as I need money for medical treatment. He doesn’t want to help me. I brought him up alone without mother. I addressed a Russian advocated who told me that it would be unreal to execute a judgment in the territory of the Russian Federation as my son resides and works in the the US. I asked an advocate in the State of New York and he replied that laws of the State of New York do not provide for children’s obligation to support their disabled parents. Can I somehow solve my problem?
According to Art. 87 of the Family Code of the Russian Federation adult able-bodied children are obliged to support their unemployable impecunious parents and take care of them. Alimony payments shall be enforced by action in case there is no alimony payment agreement. Alimony amount shall be determined by the court taking into consideration financial and marital status of parents and children as well as other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly.
As this is provided for by Russian Law you are entitled to file a case and in case the decision will be rendered in your favour you will be able to perform it to competent authorities of a foreign country for execution.
Unfortunately the USA and Russia haven’t concluded a legal aid treaty with regard to civil and family cases therefore any judgment of a Russian Court is not subject to mandatory execution in the territory of the US. Nevertheless, in case of legalization (Hague Convention of October 05, 1961) such document may be accepted in the territory of the USA. For this purpose you should submit the effective court decision to the Justice Department in St. Petersburg and Leningrad region where the decision will be apostilled.
I would like to note one more time that legalized document will be accepted by competent authorities of a foreign country but there are no guarantees that it will be enforced due to lack of a legal aid treaty between the USA and Russia.