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

Can a parent recover alimony payments from children in case he divorced after 10 years of joint living (the child was 10 years old) and he paid minimal alimony until the child reached the legal age. Now he has two minor children.

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Answer

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. 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.

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