Today we have to get acquainted with such a concept as child support. There is a lot of controversy surrounding this term every year. All of them affect one or another family. Typically, parents provide money for maintenance to their children. What are the maintenance obligations of other family members? Who, to whom and when should allocate funds to maintain an adequate standard of living? Under what conditions? What is the procedure for assigning and paying child support? Understanding all these features is not difficult if you carefully study the laws of our country.
Description
What is it about? What is called child support in Russia? Who is faced with these payments and under what circumstances?
Alimony - money allocated for the maintenance of needy family members. Usually, the relevant payments are regular (monthly). Appointed mainly in relation to the provision of minor children.
The general description of the maintenance obligations of other family members is no different from the proposed definition. In a family, under certain circumstances, relatives should financially support each other. But what do you need to remember?
Appointment and payment procedure
Alimony, according to the RF IC, can be paid and assigned in different ways. Today, there are various reasons for money transfers between family members:
- payment by court decision;
- voluntary transfer of funds by agreement;
- payment of alimony by alimony agreement (issued by a notary public).
It is recommended to resolve child support disputes amicably. But in practice, this is not always possible. Therefore, you have to go to court.
Principal payers
Who should pay alimony to whom? Family law indicates that family members are required, under certain circumstances, to support financially their loved ones.
Most often, alimony is paid:
- parents / guardians / adoptive parents for their children;
- children on parents;
- spouses (including former) to each other.
Alimony obligations of other family members also take place. But they will be discussed later. First, let's talk a little about more common life situations.
"Baby"
Funds for children are paid, as a rule, until the descendants of adulthood are reached. They can be appointed both in marriage, and without it.
According to the RF IC, child support is a way of providing children with the necessary finances. The legislation of the country emphasizes that parents are required to support and raise their children up to their 18 years of age (with emancipation - up to 16).
Also, payments can be made by parents for adults, but disabled children. For example, for the disabled. The duration of payments is limited only by the child's disability - until he receives the status of an able-bodied child, parents are required to allocate funds for him.
Alimony for children from different marriages is exacted without much difficulty. This practice has long been known. The main thing is to recognize paternity as a child support payer (occasionally - motherhood).
The law establishes the following amount of payments for children:
- 25% of the citizen’s earnings - for one;
- 33% - for two;
- 50% for three or more children.
Also, payments can be assigned in a fixed amount. Spouses (including former ones) decide this issue either independently or in court.
Spouses
A minimum of child support allocated to support a spouse (including the former) has not been established. Specific payments depend on the degree of need of citizens.
Most often, a wife can apply for child support. She has this right in the following circumstances:
- pregnancy;
- having a child under three years old;
- the onset of disability;
- extreme need in the first year after a divorce;
- care for minor children with disabilities (1 and 2 groups);
- care for adult disabled children of the 1st group;
- retirement (not more than 5 years after a divorce).
The husband also has the right to support from his wife in the above circumstances (with the exception of pregnancy). The collection of alimony for the maintenance of the mother of the child is usually done in court.
In all these situations, it is important to remember that the spouse will be assigned to pay child support only if he has enough money. Otherwise, achieving financial support is almost impossible. But if you try, alimony will be assigned. For example, if the spouse hides his income.
Parents
Alimony for children from different marriages, as we have already found out, is awarded mainly by the court. Russian laws indicate that children who have reached the age of majority are required to finance their parents who are in need and are not capable of independent work. Usually in families, this issue does not cause problems - the child voluntarily helps his parents. But there are exceptions.
Parents can receive child support from their children in the following cases:
- disability;
- retirement;
- disability that impedes work;
- urgent need.
This means that a working retired parent or just a parent who has decided to add problems to his child’s life will not be able to receive child support. Especially due to the fact that in Russia there is no clear definition of need.
Parental support rights are lost if:
- they did not fulfill their obligations to children;
- parent deprived of rights;
- citizen abused his position;
- the parent did not pay child support.
The amount of payments is established taking into account the cost of living in the region, as well as by assessing the needs of the family.
From the foregoing, it follows that if a parent paid alimony and supported his child (even with meager payments), he will be able to demand funding from children in the future.
Other payers
Alimony obligations of other family members in practice are extremely rare. But they still have a place to be. In the family, as has already been said, people should support each other. And financially as well.
Who else can be a child support payer? It:
- grandmothers;
- grandfathers;
- grandchildren and granddaughters;
- brothers
- sisters.
At the same time, grandparents should list alimony to grandchildren if:
- children (parents of a grandson) are in need and disabled;
- children have no opportunity to collect money for their maintenance from their parents.
Grandchildren pay to grandparents under the following conditions:
- the need of the latter takes place;
- grandparents are disabled and cannot support themselves;
- the elderly do not have the opportunity to collect child support from their children and spouses.
Brothers and sisters will transfer funds for maintenance if:
- recipients (sisters or brothers) are disabled;
- there is no way to collect funds from parents;
- potential alimony payers are able-bodied;
- unable to get money from husband / wife.
As already mentioned, maintenance obligations of other family members in practice are extremely rare. But if they do, then usually the parties are involved in the settlement of this issue in court.
Where help solve the problem
Where exactly to apply for support related to child support? Similar cases are heard in magistrates' courts. Here, maintenance payments are assigned, canceled and adjusted.
If, together with alimony, it is planned to share expensive property (over 50 thousand rubles), a citizen should contact the district court at the place of registration.
List of documents
It is necessary to take certain documents with you. They depend on the specific situation. Most often you need to submit to the court:
- statement of claim;
- applicant's passport;
- documents that confirm that the defendant is your relative;
- certificates of health status and family composition;
- documents indicating the income of the parties;
- evidence of need / lack thereof.
In fact, everything just sounds so complicated. Usually, when it comes to child support for children, parents and spouses, everything is decided quickly and easily. But the maintenance obligations of other family members cause a lot of trouble in real life.