FEATURES OF THE CONCLUSION OF THE AGREEMENT ON PAYMENT OF ALIMENTS IN RUSSIA AND ABROAD

• Main Authors: Мосиенко Татьяна Александровна, Меркулов Михаил Максимович
• Format: Article
• Language: Russian
• Published: Южно-Российский институт управления - филиал РАНХиГС 2019-12-01
• Series: Северо-Кавказский юридический вестник
• Subjects: agreement on the payment of alimony; court; notary; child; spouses; parents; former spouses; alimony; responsibility; parental authority; parental custody; foreign element; international treaty; other family members.
• Online Access: http://vestnik.uriu.ranepa.ru/wp-content/uploads/2019/12/136-142-1.pdf

The article discusses the features of concluding an agreement on the payment of alimony in Russia and abroad, including if one of the spouses is a foreign element. Every year there is a tendency towards an increase in marriage in Russia, burdened with a foreign element. As a rule, when a spouse divorces, it becomes difficult to recover alimony from a foreign spouse, since the Russian Federation has not concluded an Agreement on legal assistance in civil, family and criminal matters with all states. Consequently, it is not possible to prosecute the alimony who lives in a foreign country for failure to fulfill the obligation to pay alimony. The authors conclude that the current family law of the Russian Federation contains a wider range of persons entitled to demand child support, as well as persons obliged to provide material content. Foreign legislation in the field of alimony obligations practically does not contain such an institution as concluding an agreement on the payment of alimony, although it does mention this in passing.