Russian courts can order additional child support in the solution of housing problems of ex-wives and children. The project required amendments to the Family code of the Russian Federation approved by the governmental Commission on legislative activities, according to “Rossiyskaya Gazeta”. In the case of adoption of the document will require divorced fathers to participate in the payment for the rent or at least partially offset mortgage payments, borne by the mother of the child.
The initiative came from the Ministry of justice, after which the draft amendment was supported by the Council under the President of Russia on the codification and improvement of civil legislation. As explained by the Chairman of the Association of lawyers of Russia Vladimir Gruzdev, and the court may issue a decision on collecting in favour of the child of some unexpected expenses. But in practice, the courts often interpret the rule in a restrictive manner, applying the rules, as a rule, only in situations related to the health status of the child. Now the courts will be able to recover additional costs from the parent if necessary, to solve the housing problems of the former family.
“It could be costs associated with the relocation or repair, financial assistance if necessary to improve their living conditions through the purchase of bigger flats etc. the Project increases guarantees for the protection of the rights of children to decent living conditions,” — said Vladimir Gruzdev.
In this article of the Family code, which prescribes a list of additional spending on children will make a reservation that such costs can be assigned in case of “lack of suitable for permanent living accommodation”.
However, experts still have doubts that in an attempt to protect the rights of minors the legislator may expose themselves elementoorganic parents. For this reason, the amendments, which were developed in 2011, have not been accepted so far.
“Unfortunately, such changes can cause the emergence of a large number of manipulation and deceptive action by a former spouse, cohabiting with a common child”, — the newspaper quotes the lawyer Victoria Danilchenko.
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