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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

Can child support money be paid in case a marriage is not terminated but a parent doesn’t live with the family? Child’s mother doesn’t want to divorce and threatens to forbid me meeting with the son. How can I legally solve this matter?

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Answer

Alimony payments can be recovered by court at your wife’s request (Art. 81 of the Family Code of the Russian Federation). They can be recovered during the marriage and after divorce. In case a claim hasn’t been filed you can conclude a notarized agreement with your wife ad effect alimony payments under such agreement, you can also file an application to your employer’s accounting department with a request to withhold an alimony amount of ¼ of your income or you can effect alimony payments to your wife by mail. You can chose the most convenient variant. You can initiate divorce proceedings and the case will be examined irrespective of your wife’s wish, the court is entitled to establish a reconciliation term not exceeding 3 months, in case the reconciliation is not reached the upon expiration of such term the marriage will be terminated (Art. 21, 22 of the Family Code of the Russian Federation). In your case the court may oblige your wife provide you with possibility to see the child and spend your vocation with him: termination of parents’ marriage doesn’t affect child’s rights (Art. 55 of the Family Code of the Russian Federation).

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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