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

Can I recover alimony payments from my child's father or any other financial support. He doesn't support us though it was his initiative to have a child. We have a daughter of 1 year and 2 months. He only once visited his daughter. I know that he is married and I am not asking for much. But I also know that he is a man of means. His relatives and friends know that I have his child. He is registered as child's father. Help me please. I have no means to living. I can't start working as I have no one to leave who can take care of the baby. I am 28. my child's father is 41. What rights do I have? Does he have to support me while I'm not working? How much shall he pay to the child?

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Answer

According to Art. 80, 81 of the Family Code of the Russian Federation parents must support their minor children. Parents determine methods and forms of support. Parents are entitled to conclude an agreement with regard to supporting their minor children (alimony agreement). In case parents do not provide their minor children with financial support (alimony payments) such financial support shall be recovered judicially. In the absence of an alimony agreement, alimony payments shall be recovered judicially from children's parents on monthly basis: one forth of parents' income for one child, one third of parents' income for two children, half of parents' income for three and more children.

Art. 89-91 of the Family Code of the Russian Federation provides for alimony payments to support an unemployable wife (ex-wife) during three years from the date of child's birth. In the absence of an alimony agreement between spouses (former spouses), alimony amount shall be determined by court on the basis of financial and marital status of the spouses and other noteworthy interests of the parties, such amount shall be fixed and shall be paid monthly. According to the abovesaid a right to alimony payments depend not only on existence of a child under the age of three years but also on existence of a marriage (registered or terminated). In case child's parents have never been married child's mother doesn't have a right to alimony payments to support herself.

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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