On Introducing Changes And Additions Into The Code On Marriage And The Family Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Кодекс о браке и семье РСФСР

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Overtaken by Federal Law from 18.10.97. N 132-FZ RUSSIAN FEDERATION FEDERAL LAW amending the Marriage and Family Code of the RSFSR adopted by the State Duma on 18 November 1994 Year Article 1. Amend the Marriage and Family Code of the RSFSR (Bulletin of the Supreme Council of the RSFSR, 1969, N 32, art. 1086; 1984, N 5, sect. 169; 1985, N 9, sect. 305; 1986, N 48, sect. 1397) The following changes and additions: 1. In article 25, replace the words "and within a year and a half after the birth of the child" with the words " and within three years after the birth of a common child, as well as a needy spouse caring for a disabled child under the age of 18 or a common child disabled since childhood I group ". 2. In part three of article 26, the words "three years and a half" should be replaced by "three years" after the word "birth". Supplement article 26 by Part Four, reading: " The needy spouse caring for a disabled child under the age of 18 or a common child with a disability from childhood I shall be entitled to be brought before a court of law. The order of maintenance from the former spouse after the dissolution of the marriage if the child was born within 10 months of the dissolution of the marriage. ". 4. Supplement article 67 by parts two, third and fourth reading: " The amount and order of payment of child support for minor children may be established by a written agreement between the parent liable to pay alimony, and by another parent or guardian of the child. The amount of child support provided by the written agreement of the parties may not be lower than that established in article 68, paragraph 1, of this Code. The size and order of payment of alimony payments for disabled adult children in need of assistance may be established by a written agreement between the parent who is obliged to pay alimony and the incapacitated adult child, In the case of a person who is 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, child support for minor children and disabled adult children in need of assistance is sought through the courts. ". 5. In article 68: Part One: " Children of minor children from their parents are charged in size: one-quarter child, two children-one third, three or more children- half of the earnings (income) of parents in roubles and/or in foreign currency. "; , in Part Two, delete the words" and the minimum amount of alimony "; to supplement the article with a new third reading: Size These shares may be reduced or increased by the court, taking into account the material or family the provisions of the parties and other noteworthy circumstances. "; part three is considered part four. 6. Article 69 should be amended to read: " Article 69. Recovery of maintenance for children in children's institutions Recovery of maintenance is credited to the children's institution, where each child is taken into account. Fifty per cent of the income received from the payment of alimony payments is used for the maintenance of children. When a child is placed in a child's institution, the child's maintenance allowance and fifty per cent of the income from their treatment will be credited to the child's personal account in the savings bank. ". 7. Article 70 should read as follows: " Article 70. The types of earnings (income) to be deduced from the maintenance allowance The types of earnings (income) to be taken into account in the retention of maintenance are determined in the manner determined by the Government of the Russian Federation. ". 8. Article 71 should read as follows: " Article 71. Recovery of maintenance for children in a firm monetary value Where the parent liable to pay alimony has irregular or changing earnings (income) or when that parent receives earnings (income) wholly or partly in foreign currency, or in the absence of earnings (income) or in other cases where the recovery of maintenance in the parent's (income) relationship is not possible, difficult or significantly contrary to the interests by one of the parties, the court may determine the amount of the alimony being recovered every month A firm monetary value, or at the same time (in accordance with article 68 of the present Code), and in a firm monetary value. The amount of the firm monetary value shall be determined by the court, taking into account the material and family situation of the parties and other noteworthy circumstances. If each of the parents has children, the amount of maintenance from one of the parents in favour of the other less well off is determined in the firm monetary amount assessed on a monthly basis and determined by the court in accordance with Part Two. of this article. ". 9. Article 72 should be deleted. 10. Supplement the Code with article 91-1 as follows: " Article 91-1. Recourse to recovery on the property of the payer in the payment of alimony Recovery of alimony in the amount determined in accordance with articles 28, 71, 77, 87 of this Code, as well as recovery debts for alimony payments are made from the earnings (income) of the alimony; if insufficient earnings (income), maintenance is withheld from the payer's assets held in bank accounts or other credit institutions, as well as invested in enterprises or organizations. If these funds are not sufficient, recovery is applied to any property of the maintenance payer, which may be punished under the law. The procedure for the recovery of funds in the accounts of the maintenance payer and other property is done in accordance with the procedure established by the Civil Procedure Law. ". 11. Part two of article 92, after the words "the judicial officer", should be supplemented by the words "and the person receiving alimony". 12. Part two of article 95, after the words "evasion of an obligation to pay", should be supplemented by the words "refusal by the person who pays alimony, from their payment". 13. Supplement the Code with article 95-1 as follows: " Article 95-1. Indexation of alimony payments Indexation of alimony payments recoverable by a court decision in a solid monetary sum in accordance with Articles 28, 71, 77, 87 of this Code shall be proportionate to the increase in the minimum size Payment of labour. The amount of alimony is fixed by the court in a firm monetary sum corresponding to a certain amount of minimum wage. ". 14. Part Four of Article 96 should be amended to read: " If the debtor during this period has not worked or is not provided with the documents supporting its earnings (income), the debt is determined on the basis of the average wage in OF THE PRESIDENT OF THE RUSSIAN FEDERATION If such a definition of indebtedness substantially violates the interests of one of the parties, the party whose interests have been violated has the right to apply to a court that can determine the amount of the monetary and family situation the parties. ". Article 2. To implement this Federal Law from the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 22 December 1994 N 73-FZ