THE SUPREME COURT WILL CONSIDER THE DISPUTE ON CHALLENGING THE ALIMONY PAYMENT TRANSACTION

The financial manager of a bankrupt citizen appealed to the court with an application to challenge money transfers in favor of the debtor's ex-wife. In support of the application, the manager referred to the formal dissolution of the marriage with the actual preservation of the relationship between the debtor and the defendant, as well as the fact that the alimony nature of the transfers has not been confirmed.

The courts of three instances satisfied the application, agreeing with the applicant's position.

The transfer of the case to the judicial board of the Armed Forces of the Russian Federation was refused.

By the decision of the Deputy Chairman of the Supreme Court of the Russian Federation, the case was referred to the board for consideration. The Chairman of the economic board agreed with the position on the improper assessment of the alimony nature of the disputed transfers, since documents confirming the expenditure of the transferred funds for the maintenance of the child were submitted.

In addition, according to the applicant, the amount of alimony transferred by the debtor for the maintenance of their minor child was not obviously excessive and excessive, was necessary to maintain a decent standard of living for the child, meet her reasonable needs for material support and approximately corresponded to the amount of alimony that would be recovered from the debtor when establishing alimony in court.

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