All parents, whether married or not, have a duty to provide financial maintenance of their children. This maintenance duty is established in art. 27 (3) of the UN Convention on the Rights of the Child 1989, which provides that “State Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents”. Art. 60 of the Russian Family Code states that “the child shall have the right to receive maintenance from his parents and from other family members”. In Russia there are two types of determination of child maintenance, that is, through court or through a written agreement validated by notary.
Financial provision for children may take the form of a regular contribution to the upkeeping of a child, calculated as share – one fourth of income of a debtor if there is one child, one third if there are two children, etc. (art. 81 of the Family Code). Russia follows the “percentage of income” system since it was established in 1936. There is a wide discussion among professionals and public regarding alimony in a fixed sum depending on the income of the non-residing parent, but no amendments to the law has taken place so far.
Alimony may be calculated in the form of a lump sum, that is if the parent obliged to provide financial support has irregular or changing income, or if this parent receives his income fully or in part in kind or in foreign currency, and also in other cases, the court shall have the right to define the financial contribution of a parent as a fixed sum, to be paid every month, or as the share and as a fixed sum (art. 83 of the Family Code).
Parents may make a written agreement about financial provision of the child (art.99 Family Code). A written agreement is to be drafted by a notary and is enforceable as such. Transfers of property as form of child support can also be made by notary.
Russia is not a party to the Hague Child Support Convention 2007 in contrast to Kazakhstan, Bielorussia and Ukraine.