Alimony obligations of parents and children in the modern population cause a lot of controversy and lead to conflict. Everyone should know how to behave in a particular case. Who and to what extent is required to support relatives? How is alimony prescribed and adjusted? We will have to figure out all of this further. In fact, understanding the procedure for accruing and paying child support is not as difficult as it seems. But in real life, judicial practice often encounters serious disagreements between recipients of money and payers. We will consider only the basic laws and regulations. The exact figures of alimony and situations in which a person is exempted from this responsibility will directly depend on all circumstances.
Definition
Alimony obligations between parents and children are a matter of serious controversy in court. After all, we are talking about regular cash payments that are made to materially support a needy close relative.
This means that the payer will need to regularly transfer part of his income to the maintenance of the spouse, parents or children. Sometimes the relevant payments are impressive. And so some try to avoid responsibility.
You can find out about the maintenance obligations of parents and children in Russia from the Family Code. Having studied articles from 80 to 88 inclusive, everyone is able to understand all the nuances of the topic. We will cover key issues related to child support payments.
Who are they paying for?
Many are interested in who is entitled to receive financial support from relatives. This is a very controversial issue.
Most often, alimony can be claimed by:
- Little children (until their 18th birthday).
- Adult disabled children in need.
- Spouses.
- Pregnant wives.
- Parents are in a need.
In exceptional cases, grandparents, brothers and sisters, grandchildren and other relatives are eligible for financial support. But these are extremely rare scenarios.
Adults and children
Alimony obligations of parents in relation to children on the territory of the Russian Federation become the subject of disputes between husband and wife. Especially during the divorce proceedings.
Parents are required by law to support their minor children.
It is important to remember that the financial burden lies equally with both parents. Particularly acute question of maintenance obligations of parents and children arises from a divorce. But there are more and more cases of going to court without a divorce.
In addition, today able-bodied parents are required to support financially their disabled children in need, even after 18 years. For example, when it comes to people with disabilities.
The main problem is the definition of the criterion of need. In the Russian Federation there is no exact concept of this term. Therefore, some of the adult children can count on financial support, while others do not.
Adult children and the elderly
Alimentary obligations of adult children in favor of parents is another area that causes people a lot of trouble. Sometimes it happens that parents somehow cope with their duties, do not pay due attention to the child, and when he grows up and becomes self-sufficient, they begin to demand "bestowal" for childhood.
This is due to the fact that parents have the right to receive alimony from adult able-bodied children. But there are several nuances:
- There must be confirmation that the parents faithfully performed their duties.
- Old people should be declared disabled.
- The applicant citizens submitted a document on what they needed.
Today, maintenance obligations between parents and children are very mixed. It cannot be said when exactly adult children will have to pay for the maintenance of their parents.
For example, if a disabled pensioner has nothing to eat or nothing to buy medicine because of a low income level, financial support from descendants may be required. If the parent simply does not know how to manage the funds or tries to “annoy” the child, “rob” him without being in need, you can not worry - no one will force “pay the bills”. But there are exceptions.
Father paid child support in childhood - what to expect
A little later we will consider the main points that citizens face when applying for child support. Before this, you should pay attention to some features of the topic.
Suppose the parents divorced. Minors remained to live with their mother (as often happens), and their father was sentenced to pay child support. With a low income of the defendant, payments amount to 1500-2500 rubles per month. It is this amount that he transfers to the account of his ex-wife.
In this situation, despite the fact that child support is very small, the father will be able to file child support for his maintenance after 18 years of age. Because of this, some mothers refuse financial support from their spouses, so that in the future children do not have an extra burden.
Assignment Methods
Alimentary obligations of adult children in relation to parents also cause a lot of controversy. But in this case, everything is simpler - you need to prove the fact of need.
Alimony may be assigned:
- By agreement.
- By means of a peace agreement.
- Through the court.
The latter option is considered the most protected and secure. But an oral agreement does not give any guarantees. Even a peace agreement offers the parties less rights in the future. The formal appointment of alimony is only through the courts.
Payout Sizes
How much will you have to pay in one case or another? Understanding this issue is a lot harder than it sounds. This is due to the fact that child support payments are:
- As a percentage of payer earnings.
- Fixed.
Most often, the first option applies to children, and the second - when paying financial support for the spouse or for the maintenance of parents.
If we talk about maintenance obligations of parents for the maintenance of minor children, we can focus on the following sizes of minimum payments:
- 1/4 of the monthly income - per child.
- 33% of the profit - with two children.
- 50% of the payer's monthly earnings - if there are three or more children.
In the case of parents and when receiving funds in a fixed amount, there are no minimums. The court will examine the applicants ’need and income of potential alimony. In addition, the cost of living of the region is sometimes taken into account. Therefore, more accurate information about the amount of alimony can be obtained only in court.
We agree orally
Next, we will consider the maintenance obligations of parents and minor children in more detail. The described schemes are also applicable to spouses.
The first way to pay child support is through a personal agreement between the parties on financial support. This form of maintenance obligation is often found with respect to adult children and their elderly parents. Children themselves help the elderly - food, money, utility bills and so on. This is done voluntarily, but only in families with good relationships.
If we talk about maintenance obligations of parents and their minor children, the situation changes dramatically. The thing is that child support, which is paid by oral agreement, is not taken into account. This is a good gesture of the alimony. At any time, cash flow may cease. There are no consequences for late payments. Not in the case of spouses, nor in relation to children, nor in payments for children. After all, an oral agreement has no legal force.
Peaceful agreement
Alimony obligations of parents, children, spouses (former or current) are best regulated peacefully. To do this, it is recommended to issue a maintenance agreement with a notary.
The received paper will have legal force. She actually copies the verbal agreement, but with some guarantees. For example, now the recipient of the money will be able to go to court to recover the debt. The payer receives a guarantee of reasonable spending.
All features of maintenance obligations are prescribed in the contract. After this, the document is signed and sealed by a notary.
Going to court
Alimony obligations of parents on the maintenance of minor children, as well as other property disputes, are best resolved in court. This is the most reliable way to get financial support.
From the moment the petition is filed with the court (district or world), the defendant must transfer the awarded amount on time. If he does not, he can be:
- Compel to pay debt and forfeit.
- Arrest property of the alimony.
- Deprive of parental rights.
Only going to court allows you to be sure that the money will be transferred on time. But even the listed sanctions do not always protect the recipients of the funds. Often unscrupulous citizens accumulate a huge debt for alimony. This is fraught with certain consequences, such as arrest.
Peace Agreement
Child support obligations for parents usually do not require any documentary evidence. In normal families, supporting the elderly is a matter of course.
Nevertheless, the parties are encouraged to conclude peace agreements. They will secure both the payer of funds and the recipient of finance.
It is proposed to act as follows:
- Collect documents - birth / marriage / divorce certificates, peace agreement, certificates of family composition, passports of the parties.
- Contact a notary and pay for his services.
- To sign an agreement. Leave one copy to the notary.
- Take a copy of your agreement. Each of the parties should have its own copy.
That's all. How to go to court for child support? A huge role here is the preparation of documents for paperwork.
Judicial debate and documents
Alimony obligations of parents in relation to children, if they cannot be settled peacefully, have to be assigned in court.
In this case, citizens will need the following papers:
- Help confirming kinship.
- A lawsuit with a justification of claims.
- Documents on the income of the parties.
- Passport of the defendant and the plaintiff.
- Any materials proving the position of the potential recipient and payer.
In addition, medical reports and testimonies may come in handy. If the parent was deprived of parental rights, they will have to obtain an act of guardianship or a court order. All this will play a huge role in the long run.
Payout Change
Parental and child support obligations may change over time. For example, indexed. You can also file a lawsuit to reduce / increase financial support.
Most often this happens under the following circumstances:
- A disease of one of the parties.
- Appearance of new dependents in the alimony.
- Growth in need of the recipient of funds.
- The decrease in the payer's income, which occurred not through his fault.
No reason to demand a reduction or increase in child support is impossible. The court will simply refuse this.
Termination of obligations
Alimony obligations of parents, children, spouses may be terminated. But when exactly?
The answer depends on the situation. For example, the following layouts are possible:
- Reaching a child of 18 years.
- Death of one of the parties.
- Acquisition of disability by the recipient of money.
- Exit from a state of need.
It is important to remember that deprivation of parental rights does not relieve mom or dad of responsibility for the maintenance of children. But the grown descendants in the future are not required to financially support those deprived of parental rights or child support debtors.
Features of the appointment of spouses
Some are interested in the nuances of receiving alimony from spouses. Most often we are talking about families where a woman who wants to get financial support from her husband during a divorce or marriage.
It is possible, but there are also certain nuances here:
- A former spouse may require financial support if 5 years have not passed since the divorce until retirement.
- If a person has lost his ability to work through the fault of his spouse, he is also obliged to pay child support (the main thing is to prove his position).
- A pregnant woman has the right to alimony (both married and unmarried).
- Spouses with children under the age of 3 years can apply for funding from her husband.
These are the main maintenance obligations of children, parents and spouses, which everyone should know about. Now it’s clear when and how to demand financial support from loved ones.