Maintenance owed to a disabled parent in need is not discharged by the paying childs Russian bankruptcy. Arrears survive completion and current monthly payments continue to accrue. Bankruptcy changes the payment route but does not cancel a court order or notarised agreement.
Current as of 26 August 2026. Entitlement, the amount of maintenance, current payments and pre-bankruptcy arrears must be analysed separately.
Short answer
Maintenance claims are not discharged and rank ahead of ordinary unsecured credit debt. Bankruptcy does not itself create the duty: the parent must satisfy the statutory disability and need requirements, and the payer must be an able-bodied adult child.
When can a parent claim maintenance?
Article 87 of the Russian Family Code requires able-bodied adult children to support disabled parents who need assistance. If there is no agreement, the court determines the claim and considers the financial and family circumstances of both sides and other relevant interests.
| Question | What is examined | Useful evidence |
|---|---|---|
| Disability | Age, disability status and the applicable legal basis | Pension and medical records |
| Need | Income, assets and necessary expenses | Statements, bills, treatment and care costs |
| Child’s means | Income, dependants, health and other obligations | Income and household records |
| Other children | The court may consider all able-bodied adult children | Kinship and financial information |
When may the child be released from the duty?
The court may release the child if it finds that the parent evaded parental responsibilities. A parent deprived of parental rights cannot claim this maintenance. These facts require evidence and are not presumed automatically.
Treatment in personal bankruptcy
Judgment or agreement
Pre-case and current payments
Amount and priority
Article 213.27 of Federal Law No. 127-FZ gives priority to current maintenance payments and registered maintenance claims. A claim arising before the bankruptcy application should be supported and asserted in the case; current payments are accounted for separately.
Amount and additional expenses
When ordered by a court, maintenance is set as a fixed monthly amount after considering the parties’ financial and family positions. Exceptional expenses caused by serious illness, injury or the need for third-party care may be considered separately under Article 88 of the Family Code.
Steps for the parent
- obtain and retain the judgment, enforcement instrument or agreement;
- document the arrears calculation and relevant dates;
- notify the financial manager and assert the claim promptly;
- separate pre-case arrears from current payments;
- retain evidence of disability, need and necessary expenses.
What the payer should remember
- do not stop current payments merely because bankruptcy began;
- disclose the obligation to the court and financial manager;
- do not confuse discharge of bank debt with maintenance claims;
- seek any modification through the family-law procedure;
- retain proof of every payment.
Frequently asked questions
Are arrears owed to a parent discharged?
No. The unpaid maintenance debt remains enforceable after bankruptcy.
Is pension age alone sufficient?
The court considers the applicable basis of disability, need for assistance and the circumstances of both parties.
Can only one child be ordered to pay?
A claim may be brought against one or several children, but the court may consider all able-bodied adult children of the parent.
Can parental maintenance be reduced because of bankruptcy?
Not automatically and not inside the bankruptcy case. Article 119 of the Family Code allows a separate claim where material or family circumstances have changed. The existing amount remains payable until a new court order takes effect.
Are exceptional care expenses discharged?
The legal basis and amount require separate determination. An established maintenance claim is not treated as ordinary credit debt.
Official legal sources
- Russian Family Code, Article 87
- Russian Family Code, Article 88
- Russian Family Code, Article 119
- Federal Law No. 127-FZ, Article 213.27
- Federal Law No. 127-FZ, Article 213.28
Related guidance
- Maintenance and child support in bankruptcy
- Debts that survive Russian personal bankruptcy
- Russian personal bankruptcy legal assistance
Practical conclusion
Bankruptcy changes the payment process but does not cancel an established duty to maintain a disabled parent in need. Correct treatment depends on the legal basis, the arrears period, current payments and supporting documents.
Need to account for parental maintenance?
At a paid initial consultation, we can review entitlement, arrears, current payments and how the claim should be asserted.
Book a paid initial consultation →Parental Maintenance Requires a Proven Family-Law Basis
| Issue | Evidence | Purpose |
|---|---|---|
| Relationship | Civil-status record | Family link |
| Incapacity | Pension or medical records | Entitlement |
| Need | Income and expenses | Amount |
| Legal basis | Court or notarised agreement | Enforceability |
| Debt period | Bailiff calculation | Priority split |
Build the parent’s budget
Show necessary expenses and available income.
Do not relabel gifts as maintenance
A family transfer without a legal basis needs separate assessment.
Split old and current periods
Petition-acceptance date affects priority.
Debt to a Parent Also Survives Completion
Article 87 of the Family Code governs adult children’s duty to maintain incapacitated parents in need. A proven maintenance claim survives under Article 213.28(5) of Federal Law No. 127-FZ. For registry inclusion, the bankruptcy court relies on a judgment or notarised agreement. A retroactive amount privately arranged shortly before bankruptcy may be reviewed against reasonable need and other creditors’ interests.