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Family Law: termination of parental rights, rights of the child, child support. (Russia)
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Question

The situation: a wife, a husband and two adult daughters! Life has become unbearable in the last 5 years, normal communication is not possible. In which cases children effect alimony payments to their parents? Because when a conversation about divorce started the husband said that he would go to law and his daughters would have to pay alimony to him. How is it possible? Please help!

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Answer

Alimony payments are possible only in case parents are incapacitated due to their age or disabled and need support. According to Art. 87, 88 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 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. For the purposes of determination of alimony amount the court is entitled to take into account all adult able-bodied children of such parent irrespective of whether the claim has been raised against all or any of them.

Children can be relieved from their duty to support their unemployable impecunious parents in case it is proved that the parents deviated from performance of parental duties. Children are relieved from alimony payments to parents deprived of parental rights.

In case children do not take care of their unemployable parents and in case of exceptional circumstances (serious illness, parent’s injury, need for care payments and other) adult children can be obliged by the court to bear additional expenses incurred by such circumstances. Procedure and amounts of additional payments shall be determined by the court for each adult child taking into account financial and marital status of parents and children and other noteworthy interests of the parties.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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