After retirement, many citizens are short of money. Unfortunately, the pensions of most people do not allow them to live without needing anything. Some people, trying to solve this problem, continue to work. However, not everyone is allowed to do this by health. In such situations, children come to the aid of parents. They pay utility bills, buy groceries and so on. If children refuse to help their parents, the state becomes the defense of their interests.
In Russia, on the basis of Article 87 of the Code of the Russian Federation, it is possible to collect child support for parental support. The court can make a positive decision on this issue if the parents provide the relevant documents. However, the child can also provide documents on the basis of which the court may refuse to pay alimony to parents. Let us consider in more detail all the nuances of this difficult process.
Relevance of the issue
Under the law, parents are required to maintain and raise their children until they are 18 years old. Help for adults is provided at will. Traditionally, parents continue to help children in every possible way even after they have acquired their families. It is not only about helping to educate grandchildren, but also about financial support.
Quite rarely, recently, the opposite situation can be observed when children seek to provide for their parents, and yet such assistance is extremely necessary for older people.
If it happens that daughters and sons do not seek to help their elderly fathers and mothers, there is a law that provides an opportunity to recover child support from parents. Cases of this kind constitute a very small percentage of the total number of cases heard in Russian courts, but they, unfortunately, are also present. According to the law, parents have the right to legally demand assistance from children, and children also have the right to legally evade participation in the life of their relatives. consider these two sides of the same "coin".
Grounds
The collection of alimony from children for the maintenance of parents is carried out under a number of conditions. To receive material assistance, it is necessary that:
- Parents were disabled. That is, they must reach the retirement age, fixed by Russian legislation for men and women, or to receive a disability of I or II group.
- Parents' income was not enough to provide themselves with everything necessary.
- Children were able-bodied. First, they must be of legal age. Secondly, their age should be less than the retirement age. For men, it is 60, for women - 55 years.
- Children's income should be enough to help parents.
Exceptions
Not in all cases child support for parental support may be withheld. The court may refuse to satisfy the application to a disabled pensioner, for example, if he abuses alcohol. This fact should be confirmed either by a medical document or (which happens most often) by the testimonies of neighbors.
A pensioner whose pension is higher than the living wage cannot rely on material assistance . Of course, he can try to prove that he does not have enough of these funds. How? By providing certificates, checks, payments, confirming his expenses.
An adult working child may not have enough to support parents if he has an unemployed wife and children. This is also confirmed by official documents, on the basis of which the court must assess the material and marital status of the defendant. A parent cannot count on financial assistance from his child even if he is already a pensioner himself, and how much he receives pensions, it does not matter.
The situation in Belarus
It is worth saying that the obligation to provide parents is enshrined not only in Russian law, but also in Belarus. There is also child support for parents. In Belarus, this obligation is enshrined in Art. 100 cobs. Forced confinement is carried out under the same conditions as in Russia.
As the judicial practice shows, in Belarus child support for the maintenance of parents is enforced extremely rarely. According to statistics, less than 5 such claims are considered by courts in a year.
Need
This concept is evaluative. Need is determined by comparing the cost of living and the amount of funds that a pensioner has on a monthly basis. A citizen is recognized as needy if his pension is not enough to pay for housing and communal services, purchase of medicines, and food. At the same time, he takes into account the benefits and subsidies available to him, bank accounts, cash deposits (if any) and the percentage received from them, other pensioner's income that is not related to his work (for example, renting out housing to other people, regularly receiving material support from charitable organizations, in rural areas income from shares).
Exemption from duty
The legislation provides for two reasons, according to which child support for the maintenance of parents cannot be withheld:
- There is reliable evidence of parents evading their duties earlier, until the children are 18 years old. Such evidence may include certificates of debt on alimony, FSSP decisions, writ of execution, etc.
- Parents do not have parental rights (they are deprived of them in court).
Agreement
In the modern world, more and more often, relatives conclude agreements to exclude future conflicts. It should be noted that such a document is drawn up voluntarily. No one can force anyone to conclude an agreement. Usually parents conclude an agreement with each other, which prescribes the conditions for the payment of alimony. Meanwhile, recently they conclude similar agreements with their daughters and sons. The law prescribes alimony from children for the maintenance of parents in court if the defendant (in this case, the child) refuses to fulfill the conditions of the agreement.
It is worth saying that the presence of such a document greatly facilitates the life of all parties to the legal relationship. Firstly, with proper fulfillment of the conditions, there are no conflict situations, the need to go to court, spend money, effort and time on litigation. Secondly, the parties themselves can determine the size. Secondly, the parties themselves can determine the size of payments. Alimony for the maintenance of parents by their children is exacted both in a fixed amount and as a percentage of their earnings. The parties themselves choose the appropriate option. The parties to the agreement may also provide for a change in the amount of payment in accordance with the economic situation in the country. Thirdly, the drawing up of an agreement itself will require a minimum of cash investments. It is only necessary to certify the document with a notary. Fourth, the agreement has the force of an executive document. On its basis, as already mentioned above, child support for parents of their children is enforced.
If for some reason it was not possible to agree on an agreement, then you can go to court.
Special cases
If there are several children, then all of them can participate in the agreement and determine the conditions and amount of child support for the maintenance of parents. From children who properly observe the terms of the contract, under certain circumstances, a sum greater than that established in it may be recovered. Such circumstances may include:
- The need for the parent to undergo emergency surgery, expensive treatment.
- Factors that entailed the loss of property or housing by the parent (flood, earthquake, etc.).
If parents have several children, the law does not provide for the payment of alimony to parents in equal shares. That is, in this case, the court can take into account the financial situation of each child (according to the information provided to him). Also, the parent himself can decide how many of the children will pay him alimony. In practice, it often happens that the parties peacefully agree on the amount of payment or on providing other assistance to their parents.
Lawsuit
The rules for preparing an application for alimony are determined in the Civil Code, by the provisions of 131, 132 articles. Child support for parental support may be withheld from official income.
The application can be submitted to the authority at the place of residence of pensioners (plaintiffs) or children (defendants).
The lawsuit shall indicate:
- The name of the court to which the application is sent. The lawsuit is filed with the magistrates court.
- Information about the plaintiff, the defendant. Indicate F. I. O., date of birth, address of actual residence and registration, place of work of an adult child.
- Grounds for going to court. They can be disability, disability, reaching retirement age, need for money.
- Actually, the claim for recovery.
- Link to evidence that confirms the legitimacy of the claims.
The latter may be documents certifying:
- Applicant Status: ID of a pensioner or disabled person.
- Income and expenses: certificates of the amount of the pension, benefits, bank statements, invoices for the payment of housing and communal services, receipts issued when purchasing medicines, prescriptions for the doctor, contract for the provision of nurse services, etc.
- The plaintiff may attach other documents. For example, it can be a work book, medical certificate, etc.
The application is made in triplicate. One will be transferred to the defendant, the second will remain in court, and the third - with the plaintiff. It should be said that the number of supporting documents should also correspond to the number of participants in the case. The court and the defendant should have the opportunity to familiarize themselves with them.
The statement is signed by the plaintiff in person. The date of compilation is mandatory.
Additional documents
The claim should include, inter alia:
- A copy of the applicant’s passport.
- Documents certifying family relationship with the defendant. This may be an extract from the registry office, a birth certificate.
When filing such a claim, a state duty is not provided.
Process
How are alimony awarded? Let's figure it out.
The legislation sets aside 1 month for consideration of the application. The term begins to be calculated from the date of its submission. If during the initial examination the court reveals any defects, the application will be returned to address them.
If the claim is accepted for proceeding, the judge will examine all the circumstances of the case to award withholding of child support for parental support.
First of all, it establishes whether parents are entitled to child support for maintenance. The court finds out whether they have reached the required age or whether they have received disability status. The conscientiousness of parents is also established when they fulfill their obligations under the law: did they raise children, did they support them, did they lose their parental rights.
Further, the court assesses the actual needs of pensioners, determines the reasonable costs of monthly maintenance. The documents presented by the plaintiff are examined: certificates on the amount of pensions, payments, benefits, the presence of additional earnings. The court compares the information from them with the applicant's needs for treatment, food, clothing, outside care, household items, etc.
After that, the marital and material status of the defendant is assessed. Certificates confirming income, family composition are also studied, information on the presence of unofficial sources of income of the plaintiff is checked. In addition, the relationship between the plaintiff and the defendant is evaluated, family circumstances are studied.
The amount of child support for parents
The amount of alimony is set as a multiple of the cost of living (1, 2 or more). The final size is set depending on:
- Parents need. Awarded child support, coupled with available income, should not only provide a living wage, but also cover additional costs (for drugs, medical care, food, treatment, and so on).
- Opportunities for adult children. Their marital and financial status is taken into account.
- The admissibility of other manifestations of care, except for cash assistance.
Child support payments for parental support can be made in a fixed amount or as a share of income. It is worth saying that the calculation is carried out according to different rules than the accrual of amounts for providing minors. In addition, all circumstances of the case and the capabilities of the defendants are taken into account.
For example, an elderly mother needs a nurse, and her pension is not enough to pay. In this case, the need for outside care is confirmed by a medical report. The cost of services is set in the contract concluded with the recruitment agency. To cover the costs, the court can recover the necessary amount from the woman’s children. However, if they agree to independently provide assistance and provide proper care for their mother, the court will not collect additional funds from them.
It is worth saying that child support for parents in percentage terms in the Russian Federation is usually not assigned. In Belarus, payment is made either in a fixed amount or in an amount corresponding to a certain number of base units. However, in any case, deductions are made monthly.
Changes in the amount of alimony
If a fixed amount has been awarded, it shall be indexed in the event of a change in the cost of living. Recalculation is done in the accounting department of the employer or the bailiff service. Correction of the amount of payment is also possible in case of changes in the family or financial situation of children or parents. Recalculation in this case is carried out by decision of the court.
Finally
Of course, solely from a moral point of view, providing children with assistance to their parents should be a natural occurrence. However, unfortunately, not all adults and able-bodied people understand this. Many pensioners barely have enough for food and clothing, not to mention medicines or treatment in sanatoriums. However, most of them are in no hurry to go to court in demanding the award of alimony. There are many reasons for this. As a rule, pensioners do not want to quarrel with children, they consider the appeal to the courts shameful. Someone believes that their life is coming to an end, and do not want to be a burden for children.
Adult and able-bodied children themselves must understand how much they owe to their parents. If you don’t have enough money, you can take care in other ways, which will also greatly facilitate the existence of aged fathers and mothers.