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Expired-the Federal law dated 18.10.97 N 132-FZ RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the marriage and family code of the RSFSR adopted by the State Duma November 18, 1994 year, Article 1. To amend the marriage and family code of the Russian Federation (Gazette of the Supreme Soviet of the RSFSR, 1969, no. 32, p. 1086; 1984, N 5, art. 169; 1985, N 9, art. 305; 1986, no. 48, art. 1397) the following amendments and supplements: 1. In article 25, the words "and for one and a half years after the birth of the child", the words "and within three years after the birth of a child, as well as the needy spouse taking care of common disabled child up to 18 years of age or of common disabled child in Group I."
2. In the third part of article 26, the words "a year and a half" were replaced by the words "three years" after the word "complement" with the word "General".
3. Supplement article 26, paragraph 4, to read: "a needy spouse taking care of common disabled child up to 18 years of age or of common disabled child in Group I, has the right to receive alimony from the former spouse after the marriage is dissolved if the child was born within 10 months from the date of dissolution of marriage.".
4. Supplement article 67 parts 2, 3 and 4 as follows: "the amount and procedure of paying alimony for minors may be established by written agreement between the parent obligated to pay alimony, and the other parent or guardian of the child. The amount of alimony for minors established by written agreement of the parties, may not be lower than the first part of article 68 of the present code.
The size and order of payment of alimony for disabled adult children in need of care can be established by written agreement between the parent obligated to pay alimony, and disabled adult child in need of assistance, and in the case of incapacity of the latter-the guardian.
In the absence of a written agreement of the parties, support for minor children and incapacitated major children in need of care exacted by judicial procedure.
5. Article 68: first part shall be reworded as follows: "Alimony for minor children with their parents is recovered in the amount for one child-one quarter, for two children-one third, for three or more children-one half of the earnings (income) of parents in rubles and/or in foreign currency."
in part two, delete the words "and minimum amount of child support";
supplement article new part 3 as follows: "the size of these shares may be reduced or extended by the Court, taking into account the material or marital status of the parties and other notable circumstances.";
part three regarded as part of the fourth.
6. Article 69 shall be amended as follows: "article 69. Recovery of maintenance for the children in care Exacted alimony shall be credited to the child care institution where ignored separately for each child. Fifty per cent of income derived from the treatment of received sums of alimony, child support is used. Upon leaving the child child care child support amounts to him and fifty per cent of the proceeds of their treatment are transferred to the personal account of a child in the savings bank. ".
7. Article 70 shall be amended as follows: "article 70. Types of earnings (income) to be taken into account for child support withholding types of earnings (income) to be taken into account for withholding of alimony, determined in the manner prescribed by the Russian Government. "
8. Article 71 shall be amended as follows: "article 71. Recovery of maintenance for the children in stable sum in cases when the parent obliged to pay alimony has an irregular or changing earnings (income), or when the parent receives earnings (income) in whole or in part, in a foreign currency, or when lack of earnings (income), as well as in other cases where recovery of maintenance in respect of the share to the earnings (income) parent is impossible, difficult or essentially violates the interests of one of the parties the Court is entitled to determine the amount of alimony exacted by stable sum monthly, or simultaneously in fractions (in accordance with article 68 of the present Code) and in stable sum.
The size of the solid amount of money determined by the court taking into account the material and family situation of the parties and other relevant circumstances.
If each of the parents of the children, the amount of alimony from one parent to another, less secured, shall be determined in stable sum payable on a monthly basis and determined by the Court in accordance with part 2 of this article. ".
9. Article 72 deleted.
10. The code shall be supplemented with article 91-1 to read as follows: "article 91-1. Foreclosure on the property when the alimony payer
Recovery of alimony by stable sum in the amount specified in accordance with articles 28, 71, 77, 87 of this code, as well as debt recovery on all maintenance payments are made from the earnings (income) of the payer of the alimony; in case of insufficiency of earnings (income) alimony money withheld from the payer of the alimony in its accounts in banks or other credit institutions, as well as invested in the enterprise or organization. In the absence of these means exaction on any property of the payer of the alimony, which under the law can be levied.
Foreclosure on money resources on accounts of the payer of the alimony and other property is made in the manner prescribed by the civil procedure legislation. ".
11. The second part of article 92, after the words "bailiff", add the words "and the person who receives the alimony".
12. The second part of article 95, after the words "persons obligated to dodge from paying their" add the words "denial of persons who voluntarily uplachivajushhego alimony from their payment".
13. The code shall be supplemented with article 95-1 as follows: "article 95-1. Indexing maintenance payments of alimony Indexation payments exacted by the Court in stable sum in accordance with articles 28, 71, 77, 87 of the present Code shall be made in proportion to the increase in the minimum wage.
The amount of alimony is fixed by the Court in stable sum corresponding to a specific number of times the minimum wage. "
14. Part four of article 96 shall be amended as follows: "If the debtor during this period did not work or will not be submitted documents proving his earnings (income), the debt shall be determined on the basis of the average wage in the Russian Federation at the time of collection. If this definition of debt essentially violates the interests of one of the parties, a party whose interests have been violated may apply to the Court, which can determine the debt by stable sum on the basis of the material and family situation of the parties. "
Article 2. Enforce this federal law on the day of its official publication.
Russian President Boris Yeltsin in Moscow, the Kremlin December 22, 1994 N 73-FZ
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