When releasing alimony arrears, courts must take into account the individual circumstances of the dispute
The claim is motivated by the fact that the plaintiff has been registered at the hospital since 2013, that he was diagnosed with a disability of group III, and in 2021 - a disability of group II. Due to his health, he cannot find a job and has spent a long time in hospital for treatment.
The amount of alimony arrears as of 01.08.22 amounted to 450,328.36 rubles.
Position of the Supreme Court of the Russian Federation:
1. From the provisions of paragraph 2 of Art. 11 of the Family Code of the Russian Federation and the explanations of the Plenum of the RF Supreme Court on its application, it follows that a person obliged to pay alimony may be fully or partially released from paying alimony arrears if the following legally significant circumstances are established in the case: if the failure to pay alimony occurred due to illness or other valid reasons and if the financial and family situation of the alimony payer currently does not allow him to pay off the accumulated alimony arrears.
2. The court is obliged to examine the merits of all factual circumstances and has no right to limit itself to establishing formal conditions for the application of the rule, and the court's conclusions on facts that have legal significance for the case must not be general and abstract, they must be stated in the court ruling in a convincing manner with references to regulatory legal acts and evidence that meet the requirements of relevance and admissibility.
The Determination of the Supreme Court of the Russian Federation No. 32-KG24-23-K1 of 08.04.25.
The amount of alimony arrears as of 01.08.22 amounted to 450,328.36 rubles.
Position of the Supreme Court of the Russian Federation:
1. From the provisions of paragraph 2 of Art. 11 of the Family Code of the Russian Federation and the explanations of the Plenum of the RF Supreme Court on its application, it follows that a person obliged to pay alimony may be fully or partially released from paying alimony arrears if the following legally significant circumstances are established in the case: if the failure to pay alimony occurred due to illness or other valid reasons and if the financial and family situation of the alimony payer currently does not allow him to pay off the accumulated alimony arrears.
2. The court is obliged to examine the merits of all factual circumstances and has no right to limit itself to establishing formal conditions for the application of the rule, and the court's conclusions on facts that have legal significance for the case must not be general and abstract, they must be stated in the court ruling in a convincing manner with references to regulatory legal acts and evidence that meet the requirements of relevance and admissibility.
The Determination of the Supreme Court of the Russian Federation No. 32-KG24-23-K1 of 08.04.25.