RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October 25, 1996 No. 9

About application of the Family code of the Russian Federation by courts by hearing of cases about paternity proof and about collection of the alimony

The plenum of the Supreme Court of the Russian Federation for the purpose of ensuring the correct and uniform application of provisions of the Family code of the Russian Federation by hearing of cases about paternity proof, about collection of children maintenance and other family members decides to make to courts the following explanations:

1. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

2. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

3. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

4. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

5. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

6. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

7. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

8. If along with the paternity suit requirement about collection of the alimony is imposed, in case of satisfaction of the paternity suit the alimony is awarded from the date of presentation of the claim, as well as on all cases on collection of the alimony (item 2 of the Art. 107 IC RF). At the same time it is necessary to consider that the possibility of recovery by enforcement of funds for content of the child for last time in the specified case is excluded as to satisfaction of the paternity suit the defendant in accordance with the established procedure was not recognized as the child's father.

In case of satisfaction of requirements about paternity proof and collection of the alimony considered at the same time it must be kept in mind that the decision regarding collection of the alimony owing to paragraph two of Art. 211 of the CCP of the Russian Federation is subject to immediate execution.

9. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

10. Ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.05.2017 No. 16

11. According to the paragraph the judge has the right to issue to the fifth Art. 122 of the CCP of the Russian Federation the writ if the requirement about collection of the alimony for minor children which is not connected with paternity proof, contest of paternity (motherhood) or need of involvement of other interested persons is declared. Based on the writ the alimony for minor children in firm sum of money as the solution of this question is integrated to need of verification of presence or lack of circumstances with which the law connects possibility of such collection cannot be collected (items 1 and 3 of the Art. 83, of item 4 of the Art. 143 IC RF).

In cases when the judge has no bases for allowance of the application about issue of the writ (for example if the defendant does not agree with the declared requirement (item 1 of the p. 2 of Art. 125.8 of GPK of RSFSR) if requirements about collection of the alimony for full age disabled children or other family members are declared if the debtor pays the alimony by a court decision for other persons or it payments for other executive documents are made), the judge refuses issue of the order and explains to the applicant its right to presentation of the claim for the same requirement.

If by preparation of case on the recovery suit of the alimony for legal proceedings or when considering the case it is determined that the defendant pays the alimony by a court decision or it makes payments for other executive documents, interested persons are informed on time and the place of trial of case.

12. In case of collection of the alimony in firm sum of money courts need to consider that the size of the alimony collected on minor children from parents (83 IC RF), and also from the former adoptive parents in case of adoption cancellation (item 4 of the Art. 143 IC RF), shall be determined by the Art. proceeding from the greatest possible preserving to the child of the previous level of its providing taking into account financial and marital status of the parties and other circumstances deserving attention.

The size of firm sum of money of the alimony collected in the cases provided by item 2 of the Art. 85, item 3 of the Art. 87, the Art. of the Art. 89, of 90, 93 - 97 of the IC RF, is established by court proceeding from financial and marital status of the payer and the receiver of the alimony and other interests of the parties deserving attention (the Art. 91, item 2 of the Art. 98 IC RF).

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