Is child support for a disabled child after 18 years old? This question is primarily of interest to parents with special children. In particular, the one with whom the child lives. Next, everything will be told about this topic. Can additional material support be required? When is a disabled person eligible for funding? What does judicial practice demonstrate? The answers to all these questions will be found below. What exactly is necessary to remember for adults with disabilities and their parents?
Legislation
Understanding this is not as easy as it seems. The thing is that alimony for a disabled child after 18 years is not allowed. That is, the Family Code indicates that after reaching adulthood, parents relieve themselves of financial responsibility for their children. The burden of security falls on the shoulders of legal representatives only until the child is 18 years old.
But there are exceptions to the rules. The thing is that after adulthood, children acquire full legal capacity. They must fully support themselves and are able to do so. Children under 18 years of age are recognized as legally competent:
- at the conclusion of marriage;
- if emancipation has occurred.
In these cases, alimony will not be paid. As soon as the child acquires legal capacity, his financial support from the parents ceases.
Coming of age is near
Despite all of the above, alimony for a disabled child after 18 years of age does occur. In the legislation of the Russian Federation there are a number of situations in which parents must support financially even an adult.
When is this possible? In case the child is needy and incapable of work. What conditions must be met in order to pay child support after a child over 18? This will be described below.
Current conditions
You should pay attention to the fact that maintenance obligations to adult children are not a continuation of child support payments to a minor. In order to force parents to such support, you must again go to court.
Alimony after 18 years to whom, when and how much to pay? In order for this obligation to be imposed on parents, several conditions will have to be met. Namely:
- the need of the child;
- coming of age;
- disabled position of the child.
The last item will have to be given special attention. Indeed, disability is both permanent and temporary. In the first case, it is advisable to demand child support, in the second - no.
It should also be borne in mind that all of these conditions must be observed together. Otherwise, an adult child loses the right to financial support of parents legally.
Parents Caring
Alimony for children after 18 years is sometimes prescribed. For this, as has already been said, the child must be disabled and be disabled and needy. Only under these conditions can we hope for alimony.
The next feature is that a parent who cares for an adult disabled child can count on financial support. But only under certain circumstances.
Namely:
- the need of the parent;
- care for a disabled person of group 1 since childhood;
- the citizen has an official opinion of the medical commission.
In fact, it is not always possible to demand child support for a caregiver. In the same way as in the case of children, material support is relied upon in exceptional, documented cases.
Production methods
What alimony for a disabled child after 18 years rely in Russia? Among them, payments are made for the children themselves and the material support of the parent caring for the disabled person.
How can I claim cash? To date, there are:
- conclusion of a voluntary alimony agreement;
- court decision.
In the first case, citizens agree on payments amicably. The parties conclude an agreement with a notary on the payment of money to an adult disabled person and for the support of a parent caring for him. In this situation, only parents, the parent-payer and an adult child can appear in the agreement.
In the second case, it will be necessary to prove the need for material support in court. It is this scenario that most often takes place in practice. Payments are assigned by the court.
Penalties for adult children
As already mentioned, child support for a disabled child after 18 years is most often assigned in court. Moreover, this decision is not a continuation of child support for minors. What does it mean?
The plaintiff will have to file a separate claim after the child reaches the age of majority in order to receive financial support. The same goes for concluding an alimony agreement. He will have to be re-signed by a notary after the child’s 18th birthday.
About Prescription
Despite the fact that at the legislative level it is possible to peacefully resolve the issue under study, this is far from always possible. Usually one of the parents shies away from financial support for an adult child with a disability. Therefore, in practice, citizens communicate in court. And child support is paid only after the start of court proceedings.
Need to pay child support after 18 years? Recovery of alimony for disabled adults is possible at any time. The limitation period is limited only by the disability of the child.
What does it mean? A person with a disability or caregiver may require child support at any time after reaching adulthood. As long as the children are disabled and in need of funding, they still have the right to support from their parents.
Who is suing
Who should file a lawsuit with the court in order for child support to be ordered after 18 years (per child)? To date, applicants may be:
- child protection;
- guardians;
- parent caring for the child;
- disabled person himself.
As a rule, guardianship authorities file a claim for child support for adult children when both parents evade their responsibility.
Content of the claim
And what exactly should be written in the statement of claim? In fact, everything is much simpler than it seems.
To file a lawsuit, you need to write in it:
- information about the body to which the applicant applies;
- information about the plaintiff;
- place of residence of a citizen;
- a description of the life situation with justification for the purpose of alimony (the most important nuance);
- conclusion;
- list of documents confirming the validity of the appeal to the court.
Without a medical certificate of disability, one cannot hope for success. The applicant will not only have to prove the incapacity for work of an adult, but also submit checks and receipts indicating expenses. This is the only way to prove that the child needs.
Documents for the claim
Alimony for a disabled child after 18 years of age, as has been said, is most often assigned in court. What documents come in handy when filing a lawsuit?
Among them are:
- applicant's passport;
- ID card of a disabled person;
- medical certificate of disability;
- certificate of family composition;
- statement of claim;
- documents indicating family income;
- any papers capable of confirming expenses;
- birth certificate;
- other certificates and extracts indicating kinship with the defendant.
In reality, everything is not as difficult as it seems. The only difficulty is proving need. This criterion is not fixed in any way on legislative damage. Therefore, each case is considered separately. Somewhere a disabled person after adulthood may receive alimony, and in some cases you can not rely on them.
About the court
Has child support been granted? The decrease / increase in material support in this case occurs in the same way as with the financing of a minor. As practice shows, usually they try to reduce maintenance obligations by all means.
How is the court hearing when assigning the study payments? The court assesses a variety of factors affecting the final decision. Namely:
- parental health;
- all income of the parties;
- expenses for a disabled person.
Moreover, the presence or absence of marriage does not affect the court decision. The court only cares about the fact of non-fulfillment of parental obligations, evaluating the contribution of each legal representative to the financing and care of the disabled.
About the amount of payments
Has child support been granted to a disabled child after 18? The amount of payments will vary depending on the situation. A distinctive feature of such support is that funding is assigned in a fixed amount.
If citizens make a voluntary agreement on alimony, then they themselves are involved in resolving the issue of the amount of material support. The contract clearly states when and in what amounts the second parent allocates child support for an adult.
When it comes to a court decision, alimony, as already mentioned, is assigned in hard cash. The exact size depends on the previously mentioned factors. Therefore, the exact amount is problematic.
Termination of support
Alimony for adult children (18 years or more) is paid only under the previously specified conditions. When can this obligation be eliminated?
It is removed in the following cases:
- death of the recipient of alimony (disabled person);
- death of the payer;
- cessation of disability (rehabilitation);
- end of the period of need.
As already mentioned, the last point requires special attention. Sometimes it is difficult to prove that a disabled person really needs. Indeed, in some cases, a citizen can study, work and adequately support himself. Then you should not hope for child support.
Adult students
Another rather interesting fact in Russian law is that alimony is not required for adult students. By law, at 18, children must take the burden of providing life. But in reality this is not always possible. For example, if a student is studying full-time and cannot normally study and work. Lawyers to this day offer to appoint child support for adult children studying in universities. For example, up to 24 years. But so far, such amendments have not entered into force.
Nevertheless, child support is paid in one way or another. If an adult enrolled in a university, you can require financial support (if you need it and if you have real disability) through a court or by appointment. The procedure for collecting funds will be exactly the same as for the ordinary adult disabled person.
By the way, the right to alimony is lost if the child receives a profession and is employed. This fact must be taken into account when studying the question posed.
conclusions
Now it’s clear what kind of alimony for a disabled child after 18 years is due to the population. As you can see, the main problem is the proof of need of an adult. But with proper preparation, you can easily get funding from parents.
In Russia, any disabled family member may require child support. For example, such payments are due not only to minor children, but also to needy disabled parents. Persons with disabilities (both children and parents), if they really need additional funds to provide for their lives, may demand them in court. Alimony after 18 years for a child can be obtained in reality!