Husbands were allowed to receive alimony from their wives: what will this lead to

The initiative was promoted by the Arkhangelsk Regional Assembly of Deputies.

From now on, the rights of Russian fathers are also protected. And this is not a domostroy, but, one might say, quite the opposite: in paying alimony, women are now equal to men. Even lawyers say that the norm is, in principle, not bad, but so far single fathers with small children abandoned by spouses are the rarest cases in Russia. And will this law be enforced?

The story of Yevgeny Anisimov from Volgograd, who alone brings up the “sunny” son Misha, Russia learned four years ago. The mother of the newborn could not come to terms with the diagnosis of “Down’s syndrome” and left. Eugene was left alone.

Yes, the case is truly unique: usually it is men who leave sick children in such cases, and women, reluctantly, for the sake of preserving the family, write refusals in the maternity hospital or are left alone with their grief.

Eugene started blogging on Instagram to inspire parents of both sexes who are in a similar situation.

Having learned about the difficult diagnosis of the unborn baby, Eugene was sure that his wife would be grateful to him, since he was going to tell her that in any case he would not leave them. And the wife in response said that she did not need both of them – neither the son nor the husband.

“I have never thought about sending my son to an orphanage – that would be inhumane,” the young father explained his act.

Of course, he had a hard time. And above all, because a small child requires large expenses and unlimited time. How does a single mother who is left by her husband usually cope with this? The woman cannot work and is tied to a wheelchair. She often has no assistants and no means for them. All by herself. Well, now imagine in the place of the mother – the father. All the same. Is it fair if the half that left the family, in this case gender, does not play a big role, will support the ex-spouse and the baby? No one deprived the mother of parental responsibilities.

It is clear that the reverse situation is so rare that many even began to resent drawing attention to this problem:

“For some reason, no one writes about the daily feat of single mothers (abandoned by their husbands) raising children. But we will tell everyone about the only young father. For what? He is the same parent, what is his uniqueness? That he is now in the shoes of most of the abandoned women in our country?

Another anonymous story from the Internet. By the way, the last one that was found on this topic:

“The father was left alone with the child, while there was no “alternate airfield” or mothers-grandmothers-sisters. 27 years old man, and a child a year with a penny. Took care leave and sat at home, yeah He mastered some kind of online work (it was about 5 years ago), somehow reached the age of 2.5, sent him to kindergarten, and from among the teachers he also had a new beloved woman. They got married, the ex-wife gladly agreed to the adoption, so as not to pay child support.”

The Plenum of the Supreme Court of the Russian Federation noted that in the event that the care of the common child of the spouses until he reaches the age of three years is carried out by the father, and the mother of the child has withdrawn from his upbringing and maintenance, based on the analogy of the law (Article 5 of the RF IC), the specified spouse ( ex-spouse) really has the right to apply to the court with a claim against the spouse (ex-spouse) for maintenance until the child reaches the age of three years.

No, earlier the spouses were also obliged to financially support each other, however, in the event of refusal of such support and the absence of an agreement on the payment of alimony in court, only the wife had the right to demand alimony. Now, in this matter, the Russians have become equal.

But there are nuances. Firstly, each such father immediately falls into the field of view of the media and lonely compassionate women who are ready to take him into their arms. Secondly, mostly young children are thrown at their husbands by ladies leading an asocial lifestyle. They have no conscience, no money. And one of the key grounds for receiving financial assistance is that the mother, when collecting alimony, must have “the means necessary for this.” How are they going to collect them in court from immoral cuckoos without income?

Thirdly, as experts warn, most likely men will need to prove not only the fact that the child stayed with them, but also that they officially took leave to care for him. That is, they lost their main source of income. Therefore, the oligarchs probably cannot take revenge on their ex-wives, even taking away their heir.

Yes, and in ordinary life, if a child under 3 years old is left to the father, then grandmother, aunt, new wife, etc. almost always appear as assistants. And he works himself.

Nevertheless, the trend is unambiguous: in recent years, there has been an increase in the number of cases when the place of residence of a child, including a rather small one, is determined with his father. In particular, such cases have been considered in recent years by the Supreme Court of the Komi Republic, the Perm Regional Court, the Vladimir, Volgograd and Yaroslavl Regional Courts. And the percentage of such cases is growing. So, it’s time to continue to open the Overton window.

In 2022, judging by open judicial information, 289,241 cases “on the recovery of alimony for the maintenance of minor children” were considered. But at the same time, it was not specified who asked for alimony from whom. In the near future, this moment will certainly be clarified, and statistics of fathers defending their rights will appear. It is also possible that there will be demonstration cases from representatives of various conservative male movements who believe that divorced women should be deprived of their rights to alimony altogether. Let it be obedient!

There is also a philosophical aspect here: this is the sacred deprivation of a woman of her right to a child, the opinion rooted in society that only a mother can ask her ex-husband for financial assistance. A man, on the other hand, should spin on his own and not demand money from the former under any circumstances.

Down and Out trouble started?!

EXPERT OPINION

Jamila Adzhieva, family law specialist:

– Part 2 of Article 19 of the Constitution of the Russian Federation establishes that the state guarantees the equality of rights and freedoms of man and citizen, regardless of gender. A man and a woman have equal rights and freedoms and equal opportunities for their realization (Part 3 of Article 19 of the Constitution of the Russian Federation).

Thus, this law takes into account the constitutional principle of equality of rights and freedoms of man and citizen regardless of gender, as well as the fact that the rights and obligations of spouses, including the obligation to financially support each other, arise from the date of state registration of marriage.