If the debtor pays maintenance or child support, principal arrears and current payments are not discharged in Russian personal bankruptcy. If the debtor receives child support for a child, those are child-purpose funds whose origin should be documented and kept distinct from ordinary receipts. State child benefits are a separate protected-payment category.
Current as of 25 August 2026. Principal maintenance arrears survive bankruptcy; current payments, pre-case arrears and any penalty must be analysed separately.
For benefits, pensions and other protected receipts, see payments excluded from the bankruptcy estate.
Pre-bankruptcy arrears and current maintenance
| Type of claim | Treatment in bankruptcy | After the case |
|---|---|---|
| Arrears arising before the case | First-priority registered claim | Any unpaid balance survives |
| Payments arising after commencement | Current obligations | Continue to accrue and be enforceable |
| Statutory penalty on arrears | Examined separately | The court determines composition and amount |
| Ordinary loans and credit | Different priority | May be discharged if statutory conditions are met |
Why maintenance claims have priority
Maintenance supports a child or another dependent family member. Article 213.27 of Federal Law No. 127-FZ places current maintenance payments in the first category of current claims and registered maintenance claims in the first priority of the claims register.
Maintenance and personal-injury claims
Other registered claims
Unpaid maintenance survives
What happens to enforcement proceedings
Bankruptcy does not itself end maintenance enforcement. Notify the financial administrator of the court order or notarised agreement and provide the arrears calculation and enforcement-document details. The maintenance exceptions are set out in Article 69.1 of Law No. 229-FZ.
Maintenance agreements and challenge risk
A notarised maintenance agreement is an enforcement instrument under Russian law. Its terms are not absolutely immune from review in bankruptcy. If spouses set plainly excessive payments or transferred valuable property shortly before the case under the label of maintenance, the court may examine whether creditors were prejudiced.
Terms that may require closer review
- the agreement followed immediately after major debts arose;
- payments are many times greater than income and documented needs;
- all valuable property is transferred instead of periodic support;
- the debtor continues to use the transferred asset;
- documents showing the recipient’s needs are absent;
- the agreement forms part of a simultaneous property division or marriage contract.
Steps for the maintenance recipient
- provide the writ of execution, court order or notarised agreement;
- obtain an up-to-date arrears calculation from the bailiff;
- notify the financial manager of the claim;
- confirm current payment details;
- keep evidence of actual expenditure if the agreement is challenged.
What the payer should remember
Payments must not be stopped merely because bankruptcy has begun. New arrears will grow and will not be discharged when the case ends. If income has objectively changed, modification of maintenance must be sought under the Family Code procedure, not by unilateral non-payment.
Reconcile arrears and payments month by month
Keep the scheduled amount, amount actually received, payment date, reference and remaining debt for each month in separate columns. Compare the recipient’s statement with employer transfers and the bailiff calculation. Do not count one employer payment again as a second personal transfer.
Conditional example: RUB 15,000 was due for a month; RUB 4,000 arrived directly and a separate RUB 6,000 employer payment actually reached the recipient. The unpaid principal for that month is RUB 5,000, before any separately assessed penalty. An amount merely withheld by payroll is not the same evidence as a confirmed transfer.
Maintain separate totals for pre-case arrears and current maintenance. Article 213.27 places registered maintenance in the first register priority and current maintenance in the first current-payment priority; these are different queues.
Maintenance after completion · Current maintenance
Articles 213.27–213.28 of Law No. 127-FZ and Family Code Article 113 checked on 21 October 2026.
Frequently asked questions
Are old maintenance arrears discharged?
No. The unpaid portion remains enforceable after completion of the debtor’s bankruptcy.
Must the recipient file in the bankruptcy case?
A pre-case claim should be asserted promptly with supporting documents. The exact route depends on the procedural stage and whether the amount is current or registered.
Can bankruptcy reduce maintenance?
No. The bankruptcy court does not replace the separate family-law procedure for changing the amount.
Will a notarised agreement always be invalidated?
No. The court balances the recipient’s needs and creditors’ rights. A dispute may concern only an excessive element or a specific asset transfer.
Is the penalty on arrears discharged?
Its legal treatment and amount require separate analysis based on the judgment and the basis of accrual. The principal maintenance debt itself is not discharged.
Identify your role in the maintenance obligation
Current payments continue and arrears do not disappear when bankruptcy ends.
The money is intended for the maintenance recipient; preserve evidence of its purpose.
Notarisation does not prevent review of the amount, period and good faith of the terms.
Documents to collect
- the court order or notarised agreement;
- a calculation separating arrears from current payments;
- bailiff orders and enforcement-case details;
- bank statements with a clear purpose for each receipt.
Official sources
- Federal Law No. 127-FZ, Article 213.27: priority
- Federal Law No. 127-FZ, Article 213.28: claims surviving bankruptcy
- Russian Family Code, Article 113: calculation of arrears
- Russian Supreme Court review on maintenance claims
Related guidance
- Russian personal bankruptcy legal assistance
- Debts that survive Russian personal bankruptcy
- Russian personal bankruptcy procedure
Practical conclusion
The recipient should assert the claim in the bankruptcy even if a bailiff is already involved, so the amount and priority are accounted for correctly. Maintenance is protected more strongly than ordinary debt, but an agreement must not be used as a device to remove assets.
Do you have maintenance arrears or an agreement?
At a paid initial consultation, we can review priority, the arrears calculation and challenge risks.
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