One of the most frequent questions at consultations: “If I go bankrupt, will my child support arrears be written off?” The answer is unambiguous — no. Child support debt belongs to a category of obligations that Russian law explicitly excludes from bankruptcy discharge under any circumstances.
Here is why the law is structured this way, what happens to child support payments during bankruptcy proceedings, and what it means for both parties.
Which Debts Cannot Be Written Off in Bankruptcy
Article 213.28 of Federal Law No. 127-FZ contains a closed list of debts that survive bankruptcy. They include:
- child support (алименты) and arrears on it
- compensation for harm caused to life or health
- wage debts (for debtor-employers)
- subsidiary liability of company directors
- debts arising from deliberate criminal acts
What these categories share is an inseparable link to the identity of the creditor. Such obligations cannot be assigned to a third party and cannot be extinguished by bankruptcy — they persist until fully repaid.
What Happens to Current Child Support Payments
During the bankruptcy procedure, current child support — payments accrued after the date the petition was filed — is paid on a priority basis. Under Russian law, these are treated as current payments and are settled before any creditors entered in the creditor register.
This means: while the procedure is ongoing, the recipient continues to receive child support — from the debtor’s income, which passes through the financial trustee. The trustee is obliged to set aside the child support amount before making any payments to banks or other creditors.
What Happens to Child Support Arrears
If the debtor had accumulated child support arrears before filing for bankruptcy, those arrears are entered in the creditor register as first-priority claims — on a par with claims for personal injury compensation.
After the bankruptcy is completed, this debt is not written off. It continues to exist and may be enforced against the bankrupt even after all other debts have been discharged. There is no limitation period for child support debts.
In practical terms: banks lose the right to pursue their debts after bankruptcy; the child support recipient does not.
Can a Child Support Recipient Lose Money Because of the Payer’s Bankruptcy
The risk exists, but it relates not to the debt itself but to the practical possibility of enforcement.
If the debtor has no assets and no income, the bankruptcy simply formalises what was already obvious: there is nothing to recover. The debt remains, but collecting money is still impossible.
However, bankruptcy opens one important avenue: during the procedure, the financial trustee reviews the debtor’s transactions over the preceding three years. If the child support payer transferred property to relatives or sold it at an undervalue before the bankruptcy — such transactions may be challenged and the property returned to the bankruptcy estate. Part of those funds will go toward satisfying the child support arrears as a first-priority claim.
What the Recipient Should Do if the Payer Goes Bankrupt
The child support recipient has the right to:
- File a claim to be included in the first-priority creditor register — with the full amount of accumulated arrears. This requires an enforcement document: a court order, a court judgment, or a notarially certified child support agreement, together with a calculation of the debt.
- Monitor the proceedings — through the arbitration court case database (kad.arbitr.ru) and the Unified Federal Register of Bankruptcy Information (EFRSB).
- Inform the financial trustee of any assets belonging to the debtor that may have been concealed.
- After the bankruptcy is completed — continue enforcement through the bailiff service. The debt does not disappear.
Should a Debtor With Child Support Arrears File for Bankruptcy
Yes — if there are other debts that genuinely cannot be repaid. Bankruptcy will discharge bank loans, MFO debts, and debts to counterparties. The child support arrears will remain, but they will stop growing — no more accumulating penalties and interest on the other debts. If you have no assets or income, read: Bankruptcy in Russia With No Property or Income.
It is important to understand: the consequences of bankruptcy will affect the debtor, but will not release them from their obligation to the child. That obligation continues — and rightly so.
Frequently Asked Questions
Can child support arrears be included in the creditor register without a court order? No. The basis for inclusion in the register is an enforcement document: a court order, a court judgment, or a notarially certified child support agreement. Without it, the application will not be accepted.
Does a penalty accrue on child support debt during bankruptcy? On current child support — yes, if the debtor fails to pay. On registered arrears (debt that arose before the petition was filed), the accrual of penalties is suspended for the duration of the procedure.
Can the amount of child support be reduced through bankruptcy? No. The amount of child support is determined by family law or by agreement between the parties. Bankruptcy is not a ground for revision. To reduce the amount, a separate court application is required — on the basis of a material change in financial circumstances.
What if a child support agreement was signed shortly before the bankruptcy? The financial trustee may challenge the agreement if the amount of child support is clearly excessive compared to a reasonable level. This is done to protect other creditors from abuse of the bankruptcy process.
Facing bankruptcy while child support arrears are outstanding — or on the receiving end of a payer’s bankruptcy? Submit a request — we will review your situation and advise on how to protect your interests throughout the procedure.