How old are children paid under Russian law?

After the divorce of parents, children suffer the most. They usually react with hostility to such a decision. The child always wants to have a complete family and daily opportunity to communicate with both mother and father. Due to his age, he is not ready to understand the reasons why his usual way of life is collapsing. His experiences concern only the ethical and moral aspects. Financial problems are more interested in one of the parents with whom the child remains to live.

Who should pay

how old are alimony paid

The court usually takes the side of the mother and appoints her responsible for the care and upbringing of the child. But this does not relieve the father of the obligation to help her. An agreement between parents can be concluded on a voluntary basis. In this case, one of the parties monthly transfers the other funds to the child. The amount is usually agreed in advance. In this case, the question of the age limit may not even arise. But in life very often a completely different situation develops. One of the parents, leaving the family, forgets about his duties and tries in every possible way to evade them. In this case, the second one is forced to bear the heavy burden of keeping a common child alone. More often than not, the mother is in such a situation. She has no other choice but to turn to the court for help. Having examined the circumstances of the case, the justice authorities decide to oblige the second spouse to provide monthly financial support to the former family. Here the question arises for the parties: "And to what age do alimony pay?" How old is the child can count on the financial assistance of the second parent? Russian legislation has developed and approved a special document (“Family Code”), which explains to both parents their rights and obligations. If we are talking about a child, then such is a citizen who has not reached the age of 18, that is, adulthood. This is clearly stated in article 54. Therefore, it is possible to answer the question of the age at which child support is paid: until the child is 18 years old. During these years he cannot earn a living on his own and, in accordance with article 60, has every right to have his parents support him. Moreover, article 61 states that both mother and father should bear this responsibility equally. If both of them are eliminated from the performance of their direct duties, then in accordance with Article 80 the court will force them and will clearly explain how much and to what age unscrupulous parents pay alimony. Sometimes one of the spouses is convinced that the other should help (to pay alimony) until their child begins to earn money on their own. That is, their "baby" must graduate from high school and get a job. This opinion is erroneous. The law does not support it and does not consider it a good reason to continue financing studies at a college or university. Education (on a paid or free basis) is the citizen’s right to receive an education, and not the fact of his disability. Therefore, the answer to the question of how much child support is paid is one - up to eighteen years. If the child began to work officially under the agreement (contract) before reaching this age or engaged in his own entrepreneurial activity, then the collection of alimony from this moment automatically stops.

How much do you have to pay

child support order

If the parents during the divorce did not find a common language in advance regarding the maintenance of the child, then the court will deal with this. The law clearly defines the procedure for accruing child support and their size. Article 81 states that the parent from whom the alimony is collected is obligated to pay a certain portion of all types of his income on a monthly basis: main labor activity, leasing of property, participation in property management (dividends) and various types of material assistance. It has been established that for one child it is necessary to transfer one quarter, for two children - one third, and for three or more - half of all the above types of income. The court sends one of the spouses at the place of work a writ of execution, according to which the accounting department of the company withholds and transfers funds to the account of the recipient (second spouse) for three days. If one of the parents created a new family, and a small child was born in this marriage, then the amount of alimony can be reviewed. In this case, deductions for the first child may decrease from one fourth to one sixth. Such a redistribution will allow children to be in the same position with respect to their common parent.

Those who shy away from responsibility

liability for non-payment

The law strictly monitors the fulfillment by citizens of their obligations. There is a special bailiff service for this. They are required to monitor the implementation of court decisions. If the company delays the transfer of money, the recipient may contact the bailiff for help. He, in turn, has the authority to inspect accounting personnel and, if necessary, even impose a penalty. There are times when one of the parents in every possible way evades the performance of their direct duties. Then the bailiff should do some work with him: a home visit and explanatory conversations. If necessary, he can send him to the labor exchange in search of work. It happens that the debtor often changes his job or hides the real amount of income. For malicious violators, liability for non-payment of alimony is provided. The Criminal Code (Article 157) imposes a penalty for such violations in the form of a year of corrective labor or up to 3 months in prison.

Source: https://habr.com/ru/post/F3255/


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