Art. 119 of the Family Code of the Russian Federation: contents of the article, recent changes, amendments

What to include in your resume

The candidate has the right not to mention his age or family. In accordance with Article 64 of the Labor Code, discrimination in hiring for reasons not related to the business qualities of employees is prohibited.
But reviewing a resume is not yet a stage in concluding an employment contract. When selecting candidates, HR specialists pay attention to their personal data. It is important to understand how to write marital status on a resume. It is believed that family people are less likely to change jobs because they are responsible for their loved ones. But if you plan to move to another region, then a single person will more easily agree to it, since if you have loved ones, it is necessary to resolve issues with your spouse’s employment, school or kindergarten. The same applies to working on a rotational basis, with frequent business trips.

Definition of alimony

In Russia, by law, able-bodied citizens are required to financially support and support their disabled and needy relatives. The corresponding payments are usually called alimony. They are allocated on a regular basis in the amounts established by the court or settlement agreement.

Parents, disabled spouses and children (including adults) most often claim alimony. Other loved ones can count on financial support, but this situation does not occur too often.

How to formulate civil status

For a man
Men who are officially married mention that they are married. If the candidate is single, they write in the resume not married or single. These words are absolute synonyms; they are stylistically neutral and are used equally. They mean the same thing - that the candidate is not currently in a registered marriage, and it doesn’t matter what happened before. Ushakov's explanatory dictionary directly explains the word single as unmarried.

Sample:
Not married, no children.

Married. Child, 12 years old.

For women
When describing their marital status in their resume, married women write married, unmarried women write unmarried.

Indicate the presence of children, if any, and the employer will not have questions about possible maternity leave and the search for a new employee. If the child is small, make sure immediately that if necessary, there is someone to leave him with.

When concluding an employment contract, the employer learns about minor children, since their presence allows them to receive a personal income tax deduction (if the employee wishes, of course). Do not report adult children.

Sample:
Married. Child, 3 years old. If necessary, stays with grandmother.

Single. Have no children.

Married. Children 14 and 17 years old.

Refusals when collecting funds

In Russia, alimony is sometimes paid not only to disabled people and minors, but also to fully capable persons. This is not the most common practice, but it does occur.

Art. 119 of the Family Code emphasizes the possibility of courts refusing to satisfy a claim for the recovery of alimony for an adult. This is possible if the recipient of the money committed a crime against the payer. It is important here that the illegal act was intentional. Otherwise, the claim may be granted.

Another point is the refusal to pay alimony due to the unworthy behavior of the financial recipient. We are talking about an adult and capable citizen. Child support is paid under any circumstances.

More about children

Do I need to indicate the number of children on my resume?
Let's speculate. If the candidate is a father of many children, on the one hand, this indicates that he is predisposed to work in one place for a long time and strives to earn more. But on the other hand, if in a large family there are children under three years old, and the mother does not work, then, if necessary, it will not be possible to reduce the father as the sole breadwinner - this is directly prohibited by Art. 261 Labor Code of the Russian Federation. Men who are strongly interested in work simply write: there are children. For a woman, this question is even more important. If there is only one child, there is a chance that she will go on maternity leave. If there are more than two children, then she can quit at any time. So in this case, when indicating marital status in a resume, it is preferable for a girl to simply refer to the presence of children.

Sample:
Married. Do you have children.

Married. Do you have children.

Children, in general, do not belong to the profession; their presence does not in any way affect the worker’s qualifications. The candidate decides independently whether to indicate their presence or not.

# Why indicate marital status

Different marital status statuses are of greatest importance in 2 cases:

1. When applying for a job.
2. When compiling characteristics.

Employers are more willing to hire people who are married and have teenage children. This is explained by established stereotypes:

• Married people have already found their match, and therefore will devote more time to work to provide for their family. They are more responsible and motivated for long-term cooperation.
• Women with children will not go on maternity leave. The employer will not have to pay appropriate benefits and look for a replacement. And if the children are healthy and have reached the age of 14, then the parents will not be able to claim any benefits.
• But if the nature of the work involves long business trips, then the employer is more likely to prefer a person who is not related by marriage. After all, having a couple, and especially children, “ties” a person to one place.

• The same applies to working on the night shift or when there is a frequent need to “stay late.” Job seekers without families devote more time to work and more often agree to work overtime.

Another case is the provision of a person’s characteristics to the court. The criminal law directly provides that the presence of children under 14 years of age mitigates criminal punishment. But other information about family life can help. An indication that the defendant, for example, has been married for a long time and has adult children and grandchildren indirectly affects the “inner conviction” of the judge.

Family status is of secondary importance when filling out a visa application. It is believed that having a spouse or children will prevent a person from “escaping the country” and remaining to work abroad illegally

Nuances of family life

Don't include information about your engagement in your self-presentation.
The employer does not need this information at all. Legally, this fact has no significance. If a candidate is divorced, the question arises of how to indicate marital status on a resume. Write: single or unmarried, do not disclose the reason for this status. The words divorced and divorced are classified by Ushakova’s Explanatory Dictionary of the Russian Language as colloquial vocabulary, so they are not included in the summary.

Do not write widow or widower. The concepts of single and unmarried mean that a person is not officially married at a given time, and it does not matter for what reason he is single.

Sample:
Marital status: single. Have no children.

Do not provide information about civil marriage or cohabitation when describing your marital status on your resume. Legally, cohabitation has no meaning. Mention only the official marriage concluded in the registry office.

Methods for assigning payments

In Art. 119 of the Family Code of the Russian Federation states that citizens can determine the amount and method of paying alimony on their own. The following scenarios are possible:

• conclusion of a peaceful alimony agreement;
• going to court to officially assign financial support.

In real life, sometimes the parties verbally agree on alimony, but then neither the payer nor the recipient will have any protection. It will not stop at this situation. It is not regulated in any way by the legislation of the Russian Federation.

How does the trial work?

We have studied clause 1 of Art. 119 of the Family Code of the Russian Federation. Clause 2 art. 149 of the Code of Civil Procedure of the Russian Federation indicates how judicial debates take place. What should the parties prepare for?

The plaintiff must:

1. Collect evidence for your point of view.
2. File a claim to change or cancel alimony.
3. Justify your requirements to the judge.

At the same time, the defendant must:

1. Prepare refutations of the plaintiff's claims.
2. Hand over the collected documentation to the judge and the “other party” to the conflict.
3. Write your objections to the claim filed by your relative.
4. Request from the court documents that can change the decision, but cannot be obtained without a court request.

From now on it is clear what clause 1 of Art. 119 of the Family Code of the Russian Federation/p. 2 tbsp. 149 Code of Civil Procedure of the Russian Federation. “I ask you to increase/decrease the amount of alimony or cancel it” - this is the requirement that should be in the claim. Any experienced lawyer will help you prepare the appropriate document.

Divorce stamp in passport

Good afternoon I would like to ask what to do if a person is going to enter into a new marriage, but there is only enough space in the “marital status” column in a civil passport for a stamp of divorce from his former spouse? The space in the passport is, as I understand it, only for 2 marriages. But there are also situations when you enter...

Good afternoon I would like to ask what to do if a person is going to enter into a new marriage, but there is only enough space in the “marital status” column in a civil passport for a stamp of divorce from his former spouse? The space in the passport is, as I understand it, only for 2 marriages.

Other criteria

In Art. 119 of the Family Code of the Russian Federation, one can see that the judicial authorities, when changing the amount of financial support for relatives, take into account other important life factors. And the financial situation here is not the only lever of influence on the court.

Typically, court proceedings evaluate family circumstances together as a whole. For example, the judge may look at:

• health status of the parties;
• marital status of the plaintiff and defendant;
• age of citizens;
• disability;
• degree of disability;
• the presence of other dependents of the payer.

That's not all. Litigation over alimony is becoming more and more common; they almost always cause a lot of problems for both plaintiffs and defendants.

Do I need to put a stamp in my passport after the death of my husband?

Good afternoon Tell me this situation. My boyfriend and I want to submit an application to the registry office. My husband died 2 years ago and I have a stamp in my passport that I am still married, but I have a death certificate for my husband. Before applying for marriage, do I need to note this somehow in my passport that I am a widow? And where do they put such stamps?

Dear Irina. There is only one way out - “lose” it, crush it more with a tear, “wash” the passport, and then exchange it at the Federal Migration Service of the Russian Federation for a new passport with the attachment of the Death Certificate of the spouse. In this case, the spouse’s new passport will no longer have any stamp regarding the marriage. FMS regulations on accounting, registration, etc. Passports of citizens of the Russian Federation do not provide a stamp on the termination of a marriage by the death of one of the spouses. (Order of the Federal Migration Service dated December 7, 2021 N 339 “On approval of the Administrative Regulations of the Federal Migration Service for the provision of public services for the issuance, replacement and execution of the state function of recording passports of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation "). "47.3. Marks on registration and divorce are made: by affixing a stamp on marriage registration in Form N 12P (Appendix No. 12 to the Administrative Regulations) or by entering a stamp in Form N 13P (Appendix No. 13 to the Administrative Regulations) and filling it out using a special printer ; by affixing a divorce stamp in Form N 14P (Appendix No. 14 to the Administrative Regulations) or by entering a stamp in Form N 15P (Appendix No. 15 to the Administrative Regulations) and filling it out using a special printer. A mark on marriage registration is not made in a passport issued to a citizen who, at the time of issue of the passport, is not in a marital relationship due to the death of a spouse, recognition of the marriage as invalid or dissolved in the prescribed manner, and who previously had such a mark. A note on divorce is made in the passport issued to the citizen only in relation to the last divorced marriage on the basis of the presented certificate of divorce.”

We recommend reading: Changing your passport after marriage, details in the Krasnodar region