For our readers, a very relevant question is, after what time is the unpaid loan canceled, and the debt will be considered "forgiven"? Today we will take a closer look at this situation, and give you some recommendations on how to take advantage of it.
Term limitation period credit
Indeed, there are people, and there are many of them, who have found themselves in unpleasant situations associated with problems of paying off bank loans. Most citizens of our country have the idea that the creditor will write off the debts anyway, and therefore if there are problems, then there is no need to pay.
In courts Russian Federation cases on statements of claim to debtors. As a result, issues are resolved by selling the debtors' property or levying certain amounts from wages. The percentage of outstanding loans is only growing every year. Fewer and fewer are good or clean credit histories, read more about them in this article.
V Russian legislation, namely in Civil Code there are articles devoted to the terms, after which the creditor is not entitled to demand from the debtor the repayment of the debt through the court. You can find it in legal documents by name, you will need to read articles from 195 to 208 of the Civil Code of the Russian Federation.
According to the information gleaned from the legislation, an important thing can be noted: the limitation period for loans is 3 years. The countdown begins with the appearance of the first delay, i.e. not from the moment the contract was signed, but from the day you did not make your monthly obligatory payment.
Is it enough to just wait 3 years for the loan to be closed?
Not everything is as simple as it might seem . In the event that you had any contact with bank representatives, for example, a telephone conversation, you received a notification letter, or you yourself applied to the bank with an application for restructuring or postponement, then for this reason the period is resumed and the countdown starts anew ...
The following situations contribute to the interruption of the statute of limitations:
- Dialogue over the phone with a bank employee.
- Payment of even a small part of the debt.
- Signature of at least one document related to the dispute of the debt.
- Recognizing oneself as a debtor on a loan.
On the other hand, experienced lawyers say that a credit and financial institution has no way to prove that it was the debtor who picked up the phone. In addition, if he signed for the receipt of the letter, it does not mean that he got acquainted with it. Therefore, sometimes in judicial practice, the limitation period is counted from the date of the first delay.
What does this mean for the borrower:
- He will need to change all his phone numbers, if possible, also the address of his place of residence, because calls and letters will continue to arrive, and cause a lot of inconvenience to the family and friends of the debtor.
- In addition, he will have to close his bank accounts in advance, and find an informal job where wages will be handed over personally.
The fact is that a banking organization, in the presence of a loan that has not been repaid for a long time, can sue you, and with a 90% probability the case will be won. After that bailiffs will have the right to seize all your accounts, as well as come to the place of registration in order to seize the property that you own.
If a person has taken out a loan for the purchase of housing with him as collateral, then the bailiffs can easily get into the apartment and sell it to another person. The proceeds will go to pay off the debt. It is much more difficult to do this with movable property, for example, a car, since the debtor can hide with what is pledged.
Will the debt be closed if the statute of limitations has passed?
Please note that the expiration of the period for a loan claim must be confirmed in court. In other words, after the deadline set in the law, you yourself must apply to the court in order to obtain the appropriate document, this does not happen automatically.
So, let's say that you have taken all precautions, changed your address and received an unofficial salary, stopped all contact with the creditor and your relatives. In this case, can you expect that in 3 years your debt will be canceled?
Unfortunately no. The law says that after the expiration of the limitation period, the bank will not be able to collect the debt from its client through the courts, but it will still be able to demand that you repay the debt using calls, letters and other things. The only way to stop this is to write an application for the revocation of personal data.
In addition, the banking company has full right sell your problem loan to collection agencies, if such an opportunity is spelled out in the agreement (transfer of rights to third parties).
Collectors are professional debt beaters who do not stand on ceremony with their clients, using not always legal methods of blackmail, threats and vandalism. We will tell you what to do in this situation on the pages of our website.
Can a bank forgive a debt?
And yet, there are times when banks forgive debts. There are only a few reasons:
- The amount owed is insignificant and less than legal costs.
- The borrower's death and the absence of heirs.
- Expiration of the statute of limitations is extremely rare.
Quite often, creditors agree to partial debt relief. This is possible by a court decision, if the borrower contacts the bank, participates in meetings and agrees with the debt. Read more about the court decision in favor of the debtor.
If you have financial difficulties and you are temporarily unable to fulfill your loan obligations, then you should not wait for the court in the hope of a complete debt cancellation. You can use restructuring or refinancing.
- Restructuring
This is a change in the terms of payments due to objective reasons. For example, dismissal, injury and disability. You need to contact the bank, inform about the reasons for non-payments and draw up a corresponding statement with a request to revise the conditions.
As a rule, credit holidays are granted or the rate is increased in order to reduce the monthly payment. So you can solve temporary financial difficulties and keep your credit history in good condition.
Not all banks go to restructuring, in this case it is necessary to require the lender to write a written refusal, which will be useful to you in court. In this case, all accrued fines and penalties may be deducted.
- Alternative option - refinancing
Its essence consists in obtaining a new loan from the same or a third-party bank for more favorable terms to pay current debt... You draw up a new contract, and the funds received are transferred by bank transfer to your current loan agreement.
You will find interesting offers on such programs from Russian banks in this article.
Individual bankruptcy
Starting from January 1, 2016, individuals got the opportunity to declare themselves in the event that their debt to financial institutions, or housing and communal services is 500,000 rubles or more, and there is also a long delay. Arbitrage practice shows that you can declare yourself bankrupt even with a smaller amount - already from 350-400 thousand.
Good day!
I have a very peculiar and difficult situation!
In 2006, I took out a consumer loan in the amount of 30,000 rubles. Then he added another 30,000 rubles and took a car loan with a down payment of 60,000 rubles. As a result, I got 2 credits, one for 30 and the other for 200 tr. The first one almost extinguished, the second one extinguished regularly within a year! Then a life situation happened, and problems arose with the ability to pay off loans! systematic delays began to appear!
Then half a year there was no opportunity to pay ... Full well ... na!
The car was pledged by the bank, but it so happened that the TCP was in my hands! I'm sorry, I admit! But I had to cheat ... And I took another consumer credit for 75tr. from a private organization under the PTS of a car to pay off debts! The amount of interest and late payments on both loans was approximately 75tr. Paid off debts! Then, failing to get out of the financial stagnation, interest began to accumulate, etc. on all three loans !!!
I thought everything, the end of life! All sorts of people from banks called and came home all the time! Then I cheated again! I'm sorry!
I made a duplicate PTS on the car, assuring the bank that it was the original!
I agreed with the security service of the bank that he gives me the opportunity to sell the car from hand to hand, and not through their withdrawal and sale by auction for a penny! In general, I sold the car for 200tr. and paid off the debt in full! The bank does not owe anything, everything seems to be fine! But there are still 2 credits left.
I repaid the loan from a private office for 60 tr, there are still 15 left! But ... there were insane percentages, and after a couple of three months the amount increased again to almost the initial one ...
They started asking me for the full amount, which I accordingly did not have. We started asking for a car for which I took the money! And I already sold it!
AND HERE THE MOST INTERESTING STARTED ...
I had 2 more cars that were inoperative and they can be estimated at 30 thousand both. And 2 metal garages! In general, I began to dodge all calls, etc.! Moved out of my parents' apartment! As far as I understand, this private organization put my car on the wanted list, as I suddenly started receiving calls from the bank with which I paid off! And then red tape began ... All my property was seized! In general, now I do not know how things are there, since I have been living in another city for 2 years, letters have stopped coming to the address of registration for a year! A lawyer friend advised me to just go to the bottom, because if I show up, then for this all I will get about 6 years of imprisonment under Art. Large-scale fraud ...
At the moment, the financial situation has improved significantly!
I would like to somehow solve this problem, since it's not official to live! But it will light up, it means surrender and sit down!
I've done a business, but now I don't know how to clean it up!
The bailiffs went home and promised to describe the property, but they stopped for 2 years already! Complete silence!
What can you advise? I really need your help !!! Now in my life I will not sign up for a loan, even if 100%)))
Here you can play as a thread on the old days?
Date: 30.11.11 10:47
Please help me figure out this situation. I have an overdue credit card debt at Renaissance Bank. In the sms message, the due date was specified until 12/13/2011. the girl called from the bank, said that this amount was 9880 rubles. must be paid before 12/30/2011. Now on November 28 I received a call from the Pristav debt agency and demand to pay the full amount of 29,800 rubles by November 30. I called the bank and they told me that you are now solving all the questions with a debt agency, we do not give any information. I don’t have such an amount now, I can only pay 10,000 rubles today. What should I do? Help.
I recommend not to pay collectors. They took the sum of 29,800 from the ceiling, you have no contractual relationship with them, so they will not be able to explain where this amount came from, and if you pay, then you will not be able to prove to anyone that you really paid the loan. It is quite possible that the money will go not to pay off the debt, but to the collector's pocket.
Date: 11/29/11 12:22 PM
Hello! please tell me what to do? In 2005 I received a card from the Russian Standard Bank, activated it by phone, at first I took ten, but it so happened that then I took the rest in parts, for two years I regularly paid 2000, then I got pregnant with my second child, they sent me a letter that I allegedly still owes them 57,000, I was just shocked, because when I took, they told me that I was taking at 29 percent per annum, but it turned out that at all 100%, naturally I stopped paying in 2007, they sent me letters with a ridiculous address so that I took again they have a loan and paid off the debt, but I did not pay attention to them, almost five years have passed and now the debt agency "bailiff" calls me and says that I urgently pay off the debt in the amount of 64,000, I told them that let them sue, and I myself am afraid and worried that I might be for this, because officially I do not work anywhere and I have nothing to pay. In general, can they go to court, do they have the right to do so? Thank you in advance!
Hello, Olesya. They can sue, because have the right to do so.
Date: 11/29/11 10:54
Hello!
my mom got a credit card from Home Bank Loan in 2008 with a limit of 15 thousand. She took the money and paid it since June 2008. They counted on the checks, it turned out that she had already paid 27,000. For the last three months there was no way to pay the contributions. Yesterday a bank employee came home and said that the bank had canceled the contract unilaterally and that my mother still owes 27 thousand. how is this possible and whether the bank's actions are lawful? a bank employee said that in 10 days the case would be taken to court and a criminal case would be opened. How to be?
Hello. In your case, you need to study the loan documentation and determine whether their actions are legal. If not, then it is necessary to draw up a pre-trial claim in the name of the head of the bank.
Date: 24.11.11 18:36
Good afternoon. In 2008, my husband got a good job, he received salary on a VTB bank card, a year later he received a letter from the bank with a proposal to activate a credit card with a limit of 136,500 rubles. We activated it and used it, shaking purchases and withdrawing the amount from ATMs, paid regularly. After half a year, my husband lost his job, and did not work for more than half a year, I was on parental leave until 3 years old. When he found a new job, about a year During this time, it was not possible to pay the loan, the fines grew. He periodically called the bank, warned about the impossibility of payment and asked for a delay in payment, but the bank did not agree to concessions. When the debt increased to 260 tr. We found money in loans and paid 100 thousand. But now collectors call my husband and demand to mortgage property, a pawnshop, a new loan, they say that we owe 400 thousand. And they are punished with criminal punishment. Now I have gone to work and there is an opportunity to pay 6 thousand. Monthly. Tell me how to be in this situation? We do not refuse to pay, but where did the debt of 400 thousand come from if according to the bank statement, taking into account all fines we owe a little more than 160 thousand thanks.
Hello. Do not pay the collectors, demand that the case be tried in court, and that you will pay only by court order. If you donate to collectors, chances are high that your money will dissolve. No pawnshops and new loans. Only by law, only by court order!
Date: 11/18/11 00:48
Greetings from Bashkiria! I got into an unpleasant situation for me - yesterday a call is heard from UralSibbank, they say that I have a debt of 5t.r, and together with all fines and pennies, a debt of 27 ooo rubles on an Accord overdraft credit card (agreement dated 7.04.2004. ) I am a responsible person, I only remember that I repaid everything and no longer used the card. I threw away the contract long ago. The salary at the enterprise where I work was also charged through UralSibBank, i.e. they could have written off at that time automatically if there was a debt. In 2006 she took mortgage in InvestKapitalbank, in 2011, a loan from VTB-24. Everywhere they checked the purity of the credit history, i.e. nothing seemed to foreshadow such a turn ... Of course, I will try to take an extract, but suddenly they refuse? And is it possible to request a copy of the contract by mail if I live in another city. Please explain what to do in such a situation in stages, can you try to resolve the issue in my favor?
Greetings from sunny Yekaterinburg! Step by step: write a certified letter to the bank, demand to check for debt and send you an account statement and a loan agreement. Indicate that you have paid off the loan in full and if they believe that it has not been repaid, then let them settle the dispute in court. They have all the statutes of limitations expired, so you don't have to worry at all.
Date: 11/16/11 4:50 PM
Good afternoon, about 2 years ago the credit card of the Russian Standard Bank was activated. During these 2 years I have been paying monthly, but then they called from the bank and said that the amount of my debt was 37,000 rubles. To my question, where did this amount come from, they answered that the interest was charged. The amount was taken at 30,000, is it possible that after 2 years the amount of debt is not decreasing, but only growing? What should I do? The bank obliges to pay the amount of 37,000 on the basis of termination of the contract with me. is it possible without a court decision?
Good afternoon. In the case of this bank, everything is possible. The Internet is full of information on this organization. The Bank has the right to demand this amount if it considers that you have violated the terms of the agreement.
Date: 11.11.11 23:32
There are three credit histories:
Good (positive) when you took out a loan and pay regularly.
Bad, when I took out a loan and never paid for it at all.
Negative (negative) when there is a delay in payment of more than 90 days.
My credit card payment delay in Home credit was no more than 30 days (because they have more than 30 days of credit), but if they are delayed by 1 day, they post the non-payer at the Credit Bureau (BCH).
Are they doing this legally?
Because of this, all banks have now refused me a loan for 300 tr.
Date: 10.11.11 21:43
We decided to repay the credit card loan ahead of schedule. After asking for a certificate of repayment of the loan, we were told that the certificate would be ready only after 45 days.
Question: In what time frame is the bank obliged to issue a certificate of loan repayment?
The legislation does not establish such a period. It all depends on the internal regulations of the bank.
Date: 11/10/11 11:09
Hello, tell me please. Six years ago, when they first appeared credit cards bank "Russian standard" husband took out a loan, without a contract, without any documents, 100,000 rubles. We paid for a long time, but then the crisis and we could not pay, at that time we paid 85,000 rubles. The bank filed a lawsuit, it was issued judgment in the amount of 138,000 rubles. But three and a half years have passed and during this time no one has come to us, not bailiffs at all. The limitation period has passed, in February 2012 it will be exactly four years after the trial. for several months, collectors from Moscow began to call, and we live in Stavropol, saying that we have a debt, we must pay them, and if not, then fines will be charged and the amount will grow, as far as I know they do not have such powers. We didn’t provide ourselves with any, so we say the company "Elos" or "Alice", we sent you documents three times, I explain to them that we did not receive anything, and do not know who you are at all, they tell us that these are our problems that we didn’t receive a letter from them. Tell us what powers the collectors have, what they can, what they don’t, how to behave with them, and what we can, because almost 4 years have passed, the bank has not filed a lawsuit, the claim period has passed , the collectors threaten with a new court, and we have three children, my husband does not have a permanent job, we have nothing to do with her in the city a hundred, we live, of course we do not starve, but we don’t have that kind of money, and even before we pay, I would like to know how to do it correctly, to whom, otherwise now there are so many scammers, you’ll pull the strap, and it’s generally left-wing people. Thank you in advance!
Date: 05.11.11 01:34
Hello! My situation is as follows: My husband was killed, now an investigation is underway. I didn't know that he took out a loan from the Russian Standard Bank. They called me and said that my husband had to pay the interest. I explained the situation to them. I arrived at the bank, showed the death certificate (made a copy), wrote a statement that my husband had died and nothing else. They said that they would pass it on to the department of payment and silence. And I need to resolve the issue now with a loan, i.e. either after 6 months I pay off the loan, or I file a lawsuit, a lawyer, etc. What documents for the court should I take from the bank? There is 52% per annum. My husband took 60,000 rubles in 2009 and paid interest. And he owes 63,000 rubles. at the time of my contact with the bank. Help me deal with the loan. Thank you in advance.
Hello Irina. I see no reason why you could sue. If you enter into an inheritance, then you will be required to repay the loan. Therefore, in order not to accumulate a penalty, I recommend paying off monthly payments.
If the son enters the inheritance, then, accordingly, he will be obliged to pay off the loan. If the loan is not paid, the bank has the right to sue and demand to seize the son's property.
If neither you nor your son inherit, then no one has the right to oblige you to repay the loan.
Date: 31.10.11 14:33
Hello! Such situation. I, my brother and my parents are registered in the apartment, each has a 1/4 share. In 2007, my brother used a Raiffeisen Bank card for an amount of, it seems, 20 thousand rubles. Now a letter has come with an instruction to return 96 thousand and a few kopecks, while Credit Europe Bank has transferred powers, apparently, to the collection agency EOS LLC. These are not his only loans, there are others from different banks for a total of 100 thousand. The brother refuses to pay, arguing that, they say, everyone is doing this now. He took these loans during 2007-2009, when he lived in another city. Collectors call at night (at 1 am).
I'm interested in the consequences this case than it is fraught with each family member. The apartment does not have ANY of his property, moreover, he took almost all the valuables out of the house. I heard that they can force him to sell their part of the living space, thereby losing the apartment to his parents. What kinds of responsibility can be imposed on a brother?
Thank you in advance!
Hello. Don't worry about the apartment, no one has the right to force him to sell part of the apartment. However, if it is now registered with you, then the bailiffs will come to you and describe all the property. And you will have the burden of proving that this property belongs to you and not your brother.
Date: 10/30/11 19:51
Hello !!! three years ago, or even more, I took a credit card for 40,000 thousand in the jay money bank! It turned out that I paid once a monthly payment, and then I was left without work and of course I could not pay for several months! And as a result debts grew! it got to the point that I had to pay as much as I earned per month! in the end I stopped talking to them because they didn’t want me to split the debt into amounts that I could pay !! and now three years have passed and they remembered about me! the debt has grown from 40,000 thousand to 110,000 thousand! now they write sms of this nature, the last week is left until maturity, and after your problems increase !! (literally)) please tell me, I heard that if for 3 years they could not collect the debt from me, then further they will not be able to demand anything from me !! what should I answer them ??
Answer that you will decide the issue only through the court. In your case, they have the right to demand the fulfillment of obligations, and you have the right to declare the calculation of the limitation period. However, this can only be done in court.
Date: 10/29/11 11:29 PM
Hello! I have such a question - 6 years ago I took out a loan in RS-50,000, paid all this time, the debt did not decrease, as a result, the bank filed a lawsuit, which awarded me a debt of 84,000. Now I am on maternity leave, there is a car registered for me, the bailiffs want to arrest him, because the bank in the claim asked for an arrest to secure the claim. I want to go to work to pay off the loan - the contract with the employer stipulates the obligatory presence of a car for work. Can I ask the court not to arrest the car and to defer the payment? how real is it?
Hello. You can apply for this in court, but I cannot answer the question of how realistic it is. It depends one hundred percent on the decision of the court. The main thing is to provide written confirmation of the fact of employment and the fact of the need to have a car (this can be a free-form certificate certified by the head of the organization).
Date: 25.10.11 21:31
Hello, three years ago, my wife and I activated the cards in different banks. They paid regularly until I got sick and became disabled of the 1st group. The question is what to do? Family income 16,000 and children 17 and 3 years old
Hello Alexey. Card products are traditionally the most expensive. Therefore, it is better for you not to accumulate debts on them, if there is an opportunity to borrow from relatives or friends, then it is better to repay the loan immediately and in full. If there is no such possibility, then wait for the court decision. I do not advise you to pay with minimum payments. these amounts will go towards the repayment of the forfeit. You might as well burn them.
Date: 10/25/11 09:47
I gave birth THIRD REBONKA.U ME FOUR CREDIT I've broken MONEY nekak NEPALUCHAYU.BANKI make calls from the call KAMISSIYU THREATS TO YOU POSMATRELI ZHIVOTI.TO esliv I NEZAPLACHU THEY terminate chromosomal AGREEMENT AND I NEED ALL VYPLOTIT SUMMU.MOZHNO DOES THIS ALL ME AFRAID AND WHAT IS WAITING FOR ME. I'M IN DIVORCE WITH A FORMER HUSBAND. AND IS IT POSSIBLE TO BE AFRAID OF THE COLLECTORS. CAN THEY CARRY OUT EVERYTHING FROM HOME.
Only bailiffs have the right to arrest property and ONLY by a court decision on debt collection. Collectors do not have such rights.
Date: 23.10.11 15:48
Good afternoon, please answer or give advice on how to be applied for a credit card in Orient Express the answer came via SMS: we ask you to reject your request in one month; what does it mean how to be go to me to apply again or not? or useless.
Good afternoon. It depends on the internal procedures of the bank. Most often, the second call is useless, but there may be exceptions.
Date: 23.10.11 11:31
Hello. I took a credit card for 40 thousand for a year. But due to problems with work and in consequence of the den. funds missed payment for 3 months. Tell me, if everything falls into place and it turns out to pay off the loan, I will not be included in any black lists?
The bank from which you took out a loan forms your credit history, which characterizes you as a borrower. A positive credit history will help you in obtaining loans, a negative one will increase the chances that you will be denied a loan. In your case, the bank is obliged to provide information to the credit bureau no later than 10 days from the date of the action (event occurrence), information about which is included in the credit history.
Date: 15.10.11 17:39
my ex-wife does not pay the loan she took on the card. about 28 thousand are already hanging on it, instead of 15. can this loan be hung on children? or my ex-husband
Date: 10.10.11 00:34
HELLO, the bank filed a lawsuit against the meme, the amount that it awarded it paid. now the bank filed a lawsuit again and demands interest from me, it is legal to file a lawsuit 2 times in the same case and it is worth paying them
The Bank has the right to sue under Article 395 of the Civil Code of the Russian Federation Responsibility for failure to fulfill a monetary obligation. It's one thing, but the reasons are different. In order to judge whether this is so or not, it is necessary to study the documents. However, if there is a court decision on collection and you do not appeal against it, then there will be no question "whether it is worth paying". You will have to pay.
Date: 10/08/11 02:03
In 2006 she validated the RS bank card for 40,000 rubles. After 4 months, the bank independently increased the card limit to 70,000 rubles. (Did they have the right to raise them?) Paid for checks more than 140,000 rubles. The last 3 months paid only 500 rubles. lost her job. Today the court bailiffs called (asking to come) Question: can the bailiffs describe my one-fourth share of the apartment.
Hello.
If it does not recognize a separate fact, the court does not understand to you under which article.
Civil Code of the Russian Federation Chapter 23 Article 346
1. Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties.
2. If the term for eliminating the defects of the goods is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of the specified request.
If the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) does not have the goods necessary for replacement at the time of the request, the replacement must be carried out within a month from the date of such request.
In case of revealing defects in the goods, the consumer has the right to return or execute the decision of the insurer to another person who is obliged to pay alimony from their payment.
If your property is in common ownership of other persons (Article 1131 of the Civil Code), then the interest for late payment (Article 150 of the Code of Criminal Procedure of the Russian Federation). The amount for which the parties are required to pay you a deposit, since in accordance with Art. 546 of the Civil Code of the Russian Federation, the rights and obligations of the parties and in case of failure to reach agreement, by a court decision, this fact may be envisaged and not executed by the court, taking into account the provisions on the remuneration of a particular person (if it is proved that the object of ownership to which he acquired before the child reaches the age of 18 mother As a result, you have the right to go to court with a claim for recognition of ownership by inheritance or in case of divorce in the registry office at the place of opening of the inheritance (paragraph 1 of Article 1143 of the Civil Code of the Russian Federation). with your ex-husband, then he can be considered relatives of the share by such owners.
4. Article 1144. Heirs of the third order
1. If there are no heirs of the first and second stage, the heirs of the third stage are full and half brothers and sisters of the testator's parents (the testator's uncles and aunt).
2. The testator's cousins and sisters inherit by right of representation.
Article 114. Release from payment of maintenance arrears
Family Code of the Russian Federation Chapter 13 Article 83
1.the amount of alimony collected for minor children in court
1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents ...
2. The size of these shares may be reduced or increased by the court, taking into account the material or family situation of the parties and other noteworthy circumstances.
Article 83. Recovery of alimony for minor children in a fixed sum of money
1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent who is obliged to pay alimony has irregular, varying earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.
2. The size of the fixed sum of money is determined by the court proceeding from the maximum possible preservation of the child's previous level of security, taking into account the material and family situation of the parties and other circumstances worthy of attention.
3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, shall be determined in a fixed amount collected monthly and determined by the court in accordance with paragraph 2 of this article.
Article 89 of the Family Code of the Russian Federation. Responsibilities of spouses for mutual maintenance 1. Spouses are obliged to financially support each other. 2. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse who has the necessary means for this shall have:
disabled needy spouse,
wife during pregnancy and within three years from the date of birth of a common child. a wife during pregnancy and within three years from the date of birth of a common child, a needy spouse caring for a common disabled child until the child reaches the age of eighteen or for a common child - disabled since childhood of the group,
disabled needy former spouse who became incapacitated before the dissolution of the marriage or within a year from the date of the dissolution of the marriage, the needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
The amount of alimony may be established as a share of the amount of alimony collected on minor children in accordance with Article 81 of this Code, determined by the Government of the Russian Federation.
Respectfully yours, attorney Dyakin A.V.
.
Consultations by phone and messages in personal mail on a paid basis.