THE SUPREME COURT OF RUSSIA SPECIFIED LEGITIMATE EXCUSES FOR FAILURE TO PAY ALIMONY

THE SUPREME COURT OF RUSSIA SPECIFIED LEGITIMATE EXCUSES FOR FAILURE TO PAY ALIMONY

THE SUPREME COURT OF RUSSIA SPECIFIED LEGITIMATE EXCUSES FOR FAILURE TO PAY ALIMONY
The Supreme Court specified a number of legitimate excuses for non-payment of alimony. This is stated in the draft resolution of the plenum of the Highest court instance, which is currently being developed.

The Supreme Court considered that reasons that do not depend on the will of the defaulter may become valid.

These include, in particular, military service, illness, as well as non-payment of wages and delayed bank transactions.

In addition to the listed circumstances, other reasons may occur as well, since the announced list is not exhaustive.

In addition, the board did not disregard unreasonable excuses for non-payment. Among them, in particular, there is a disagreement with the amount of alimony. In such a situation, a judicial challenge mechanism is provided. It is not worth it to simply ignore and hope that the debt will not accumulate.

Living with a person who is entitled to alimony was called an unreasonable excuse for non-payment.

This means that if the spouse is entitled to receive the payment, but at the same time lives with the payer, his obligation to pay the amount established by the court remains.

What is more, serving a sentence in prison is not a valid reason for non-payment of alimony.

In this case, the court must investigate whether the payer was involved in paid work and whether there was a fact of evasion from it.

The Supreme Court urged colleagues to thoroughly understand the circumstances of each case and the reasons for non-payment, as well as to assess the financial situation of each of the parties.

At the moment, according to information from the official website of the Supreme Court of Russia, the draft resolution has been sent for revision.


05.03.2021