Do not rely on automatic discharge of a child-support late-payment penalty after Russian personal bankruptcy. Payment priority, discharge of an obligation and reduction of a penalty are three different issues. Third-rank treatment does not turn the penalty into an ordinary bank debt, while survival of a claim does not establish that every amount demanded is correct.
This guide is for a maintenance recipient or payer facing a penalty claim. General rules on maintenance during bankruptcy and recovering the balance after completion are covered separately. This article addresses liability for late payment.
⌁ Legal basis
Check the judgment, agreement and responsibility for the delay.
▤ Separate accounting
Distinguish maintenance principal from the penalty.
⚖ Judicial findings
Establishing the amount, reducing it and deciding its fate after bankruptcy require different checks.
① Is the penalty discharged with bank loans?
Article 213.28(5) of Federal Law No. 127-FZ expressly preserves unpaid maintenance claims after personal bankruptcy. A penalty requires further analysis of its connection with maintenance, the accrual basis and the relevant judgments. The proposition “it is a third-rank penalty, so it must disappear” is incorrect.
In case No. A76-3990/2017, the courts completed the asset-sale procedure but preserved maintenance and the associated penalty. Supreme Court ruling No. 309-ES19-6384 of 24 May 2019 refused to refer the appeal for a chamber hearing: the ruling identifies unlawful conduct and deliberate evasion of the duty to support a minor child. This is a specific refusal of discharge, not a Plenum ruling about every penalty in every situation.
Before applying for bankruptcy, obtain a separate assessment of this particular debt. After completion, read both the reasons and operative part of the completion order and compare them with the order establishing the claim. A general statement discharging loan debts does not replace analysis of Article 213.28 exceptions.
② Why the penalty does not share maintenance’s first rank
Supreme Court Plenum No. 48 of 25 December 2018, paragraph 12, specifically addresses a penalty on the principal maintenance arrears forming a registered claim. The bankruptcy court determines that penalty within the bankruptcy case even without a separate final judgment awarding its amount, provided the underlying maintenance basis is established. It is paid in the third rank after principal indebtedness under the rules for separately accounted penalties.
| Claim | Treatment | Keep separate |
|---|---|---|
| Principal maintenance arrears in the register | First register rank under Article 213.27 | The penalty does not automatically obtain this priority |
| Penalty on principal registered maintenance arrears | Third rank; separate accounting under Plenum No. 48, paragraph 12, and Article 137 | Lower payment priority does not mean discharge |
| Current maintenance payments | First rank of current payments | This is a different queue from the first register rank |
| Penalty for another period or on another basis | Requires its own legal classification | Do not extend the registered-penalty rule to every calculation |
See the general personal-bankruptcy payment-priority guide. For a penalty claim, separately identify principal arrears, the period, the legal basis and any amount already awarded.
③ Check each month and payment
Family Code Article 115(2) provides a daily penalty of 0.1% of unpaid maintenance where court-ordered maintenance is overdue through the payer’s fault. For an agreement, paragraph 1 refers to that agreement’s liability terms. A single rate should therefore not be applied to every document and historical period without checking.
Prepare a table of accrual month, due date, unpaid balance, days overdue, rate, partial payments and total. Establish how each receipt was allocated. Employer withholding and actual transfer dates may differ; do not count the same receipt twice.
Assume a valid 0.1% rate and RUB 30,000 overdue for the first 20 calculation days: RUB 30,000 × 0.001 × 20 = RUB 600. Then RUB 10,000 is properly credited against principal, leaving a RUB 20,000 base for the next 10 calculation days: RUB 20,000 × 0.001 × 10 = RUB 200. The penalty total is RUB 800 and principal outstanding is RUB 20,000.
This only demonstrates a change in the calculation base, assuming no other accruals, rate changes or allocation dispute. It does not determine the permissible accrual period in bankruptcy or establish that a court will award RUB 800. Dates, fault, legal grounds and applicable restrictions need separate assessment.
④ Reduction is different from bankruptcy discharge
Family Code Article 115 permits reduction with regard to the payer’s financial and family circumstances where the penalty is manifestly disproportionate to the consequences of the breach. Under Plenum No. 48, paragraph 12, the bankruptcy court may, in appropriate circumstances, reduce a penalty submitted for registration that has not already been confirmed by a judgment. An amount awarded by a final judgment cannot simply be replaced with a new bankruptcy calculation.
Family Code Article 114 provides another mechanism: a claim for full or partial relief from arrears where non-payment resulted from illness or other valid reasons and the payer’s financial and family circumstances prevent repayment. Both conditions require evidence. Bankruptcy status does not automatically establish them. Plenum No. 48 assigns such a claim to a court of general jurisdiction, subject to jurisdiction rules and participation of the financial administrator.
For maintenance of minor children, Article 114(1) excludes a simple agreement between the parties relieving the payer of arrears under that provision. A receipt saying “I have no claims” is not a substitute for the appropriate judicial process.
⑤ Documents for the recipient and payer
| Document | Recipient’s check | Payer’s check |
|---|---|---|
| Maintenance judgment or notarised agreement | Legal basis, period and liability terms | Which instrument and rate actually apply |
| Principal-arrears calculation and statements | Missing months and receipts | Whether all properly allocated payments reduced the base |
| Detailed penalty calculation | Days, rate and absence of double counting | Arithmetic and legal objections |
| Penalty and bankruptcy orders | What is already established and the remaining balance | Finality, scope and the discharge finding |
| Records explaining non-payment | Evidence of fault and any objections | Reasons, income, dependants and the chosen legal remedy’s conditions |
- Identify the case stage and deadline for your particular claim. Do not wait until completion to begin reconciliation.
- Separate principal and penalty in the application and attachments.
- Choose the procedural route: establishing a claim, objecting to the calculation or bringing an independent Article 114 claim.
- Send documents to the appropriate participants, retain submission evidence and check the court’s findings.
- Update balances after payments to prevent double recovery.
“I request establishment of a penalty claim for [period], accruing on [principal registered arrears and supporting instrument], in the amount of [total]. The attached calculation accounts for receipts. I request separate accounting in the applicable payment rank.” Adapt this outline to the stage, deadlines and previous orders.
Frequently asked questions
If maintenance survives bankruptcy, is the penalty always first-rank too?
No. Survival and priority are different issues. Plenum No. 48 assigns a penalty on principal registered maintenance arrears to the third rank.
Does third-rank treatment guarantee discharge?
No. Payment priority does not decide discharge. Examine the claim’s basis, judgments and Article 213.28.
Must I first obtain a separate penalty judgment?
For the claim described in Plenum No. 48, paragraph 12, on principal registered maintenance arrears, a separate judgment on the amount is not required. The underlying maintenance basis must be established.
Can the penalty be reduced solely because of bankruptcy?
There is no automatic reduction. Identify the particular Article 114 or 115 mechanism and supply the evidence it requires.
Can I ignore the claim if nothing was paid in bankruptcy?
No. Absence of payment and termination of an obligation are different. Check the completion order and the particular claim’s legal status.
Primary legal sources
Checked on 26 October 2026. Federal Law No. 127-FZ: edition of 4 August 2026; Family Code: edition of 23 March 2026 with changes of 15 May 2026. Future amendments were not applied. Sources are in Russian.
- Article 213.28, Article 213.27 and Article 137(3), Federal Law No. 127-FZ.
- Supreme Court Plenum No. 48 of 25 December 2018, paragraphs 11–12.
- Family Code Article 115 and Article 114.
- Supreme Court ruling No. 309-ES19-6384 of 24 May 2019: refusal of referral on the case’s specific facts.
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