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

I have received a letter from the Moscow faculty of advocates that my wife living in the USA appeals to them with a question that I don’t still allocate the money for the children. They offer to adjust the problem extrajudicially. In case if agreement is not achieved by negotiations they’ll take legal recourse. But what shall I do to avoid pushing the matter through court? I am afraid that after some time my former wife will say that I don’t allocate the money for the children again (I am ready to pay 1/3 of my income to her). And how does the law look at the following: I don’t contact with my children for 7 years already. For me it’s a pretty hard trauma to my mind. Besides, as I have understood, my former wife would like to define the volume of the alimony herself. You can understand that salaries level in the USA and Russia differ highly and accordingly I won’t be able to pay the sum she requests.

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Answer

Your wife will be able to charge the alimony in correspondence with the legislation of the Russian Federation since you live at the territory of Russia. The Russian court will not consider the level of incomes and expenses in America – it will charge 1/3 part from a date of application till attainment of majority by your children. To take into consideration the standard of living in the USA, she has to charge the alimony in correspondence with the American laws – but in this case a difficulty of execution of foreign judgment in Russia arises. I think it determines her wish to come to an agreement that has to get through special proceedings for effecting abroad and will have equal forces in both countries: in Russia because it was drawn in Russia in accordance with RF legislation, and in America because America accepts contractual obligations. We can give to you comprehensive explanations on the problem of alimony obligations as well as settle for you a project agreement providing you with the obligation from your wife’s side to give you a possibility to see your children. Of course, there is no point in signing the enforced for you agreement that will be made without taking into account your interests and desires to participate in your children’s lives.

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