Page:The Marriage Laws of Soviet Russia (1921).pdf/64

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to receive the same from their children in the cases mentioned in sections 161–168 remain even when the marriage of the parents is dissolved either by the death of one of them or by divorce or is declared void.

166. On the dissolution of their marriage by divorce the parents shall determine by mutual agreement their respective responsibility for and the amount each of them shall contribute towards the maintenance and upbringing of their children. The court shall make the decision in this matter a part of the decree of divorce. In case such agreement between the parents is not to the benefit of the children, the children shall have the right to claim from either of the parents the maintenance they are entitled to by law.

167. In default of an agreement between the parents pertaining to the maintenance of their childrn, the matter shall be decided by the local court. Nevertheless it shall be the duty of the judge decreeing the divorce to decide provisionally, until the final settlement of the matter by the local court, which of the parents and in what proportion shall bear the expenses of the maintenance.

168. The local court deciding the question of the maintenance of the children shall take into consideration the means and the ability to work of both parents. Furthermore, it shall consider, in case of a mother otherwise capable of work, her inability to work because of the necessity of caring for her children or because of pregnancy.

169. The deprivation of their parental rights does not absolve the parents from the duty of con-

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