Russian Supreme Court clarifies when a parent who avoids paying child support can be disqualified from inheritance
The mother of a deceased serviceman sought to have her ex-husband declared an unworthy heir, arguing that over the course of 9 years he had paid only 134 965 rubles in child support (about 1 194 rubles per month) and then evaded payment for 5 years.
The lower courts denied her claim, citing the absence of a criminal conviction or a bailiff’s certificate confirming the evasion of child support payments.
The Russian Supreme Court overturned these rulings and sent the case for a new hearing. The key holding: a court decision ordering the payment of child support is not required to disqualify a parent from inheriting from their child. The willful nature of the evasion may be proven by any evidence – including the amount and period of payments, changes of job, and witness testimony. Courts must assess the duration and reasons for non-payment, rather than formally requiring a criminal conviction.