In What Case Alimony Is Not Paid

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In What Case Alimony Is Not Paid
In What Case Alimony Is Not Paid

Video: In What Case Alimony Is Not Paid

Video: In What Case Alimony Is Not Paid
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Family legislation of the Russian Federation obliges people who are in kinship relations to provide each other with material support in the form of alimony payments. Not only mothers of minor children can count on receiving alimony, but also other persons mentioned by the legislation of the Russian Federation.

In what case alimony is not paid
In what case alimony is not paid

Instructions

Step 1

As a rule, the payment of alimony is associated with small children, but this is not an entirely correct concept. The circle of people who have the opportunity to apply for the help of a close relative is much wider. These include: minor children, spouses caring for a child under three years of age or a disabled child, adult disabled children, parents, minor brothers and sisters, grandparents, grandchildren, adopted children and parents, as well as persons who were de facto educators (stepfather and stepmother), as well as former spouses.

Step 2

The payment of alimony can be established within the framework of the law or by agreement of the parties. The legislator establishes the payment of minor children in shares of the parent's net income, and in relation to other persons, the payment of alimony is provided in a fixed amount established by the court. When making a decision on the procedure and amount of the payment of alimony, the court considers all the circumstances of the case and takes into account the material and family situation of the parties.

Step 3

A parent is exempt from paying alimony if his child has reached the age of majority. Brothers and sisters are exempt from paying child support to their brothers and sisters who have reached the age of majority. Children are exempted from the burden of alimony in favor of their disabled parents if the latter were deprived of their parental rights or it was proved that the parents did not properly fulfill their parental responsibilities in raising their children. A parent who did not take part in the child's life, but paid only alimony, by a court decision, cannot be recognized as a bona fide parent.

Step 4

Children who have been in foster care for less than five years may be exempted from paying child support to foster parents. A stepfather and stepmother can only claim child support if they have properly cared for the child and have lived with the child for more than five years. Former spouses may not pay alimony to former disabled spouses if they lived together for a short period, and also if the spouse's incapacity for work occurred more than a year after the divorce. The former disabled spouse will lose the right to receive alimony from the former spouse if he remarries. A spouse receiving child care alimony will lose this right when the baby reaches the age of three.

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