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

A man effecting alimony payments to a child from his first marriage has a second child in anew marriage. What amount shall be paid to his ex-wife (first child's mother)?


According to Art. 81 of the Family Code of the Russian Federation in the absence of an alimony agreement, alimony payments to minor children 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. The mentioned shares can be reduced or increased by the court in consideration of financial and marital status of the spouses and other noteworthy interests of the parties. The birth of a second child is a ground for reduction of the alimony amount. But judicial practice is ambiguous in such cases therefore the second wife shall recover alimony payments from her husband in order to reduce alimony payments to the child from the first marriage. A judicial decision on alimony payments to the child from the second marriage is a ground for reduction of alimony payments to the child from the first marriage to 1/6.

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