How to get child support

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Not only children can apply for material support from relatives.

Who can receive child support

Children

Alimony is imposed by the RF IC, Article 80. Responsibilities of parents for the maintenance of minor children in two cases:

• If the child is under 18. At the same time, he loses the right to mandatory maintenance if he is recognized as legally capable. This is possible with the emancipation of the Civil Code of the Russian Federation, article 27. Emancipation or marriage of the Civil Code of the Russian Federation, article 21. The legal capacity of a citizen.
• If the child is an adult, but is recognized as incapacitated due to mental disorders or incapacitated due to disability. At the same time, he must need material assistance - that is, not have an income sufficient to meet the basic needs of life.

It is important to understand here that child support is not paid to the ex-spouse or anyone else, but to children. But the parent with whom the child lives, or his / her guardian, trustee, has the right to apply for them.

If children cannot receive alimony from their parents, they have the right to demand payments from grandparents or adult brothers and sisters. But this is real only if the financial situation of the latter allows them to support their relatives.

Parents

Investigative Committee of the Russian Federation, article 87, can apply for material support from children. Disabled parents are responsible for maintaining parental responsibilities of adult children. These include:

• Disabled people.
• People who have reached the pre-retirement age - 55 years for women and 60 years for men.

But payments are not due to everyone, but only to those in need.

Oksana Krasovskaya leading lawyer of the European Legal Service

The needy can be recognized as a person whose income is insufficient to meet his vital needs, taking into account age, health and other circumstances. The fact of need is determined by the court.

Alimony from children may be required by the stepfather and stepmother who took part in their upbringing, but this rule does not apply to guardians, trustees and foster parents. Grandparents, if children cannot support them, have the right to apply for financial assistance from their grandchildren.

The court can oblige all children to pay child support, even if the parents require support from one or the other.

At the same time, if the parents have avoided fulfilling their duties in the past, they will be denied payments.

Former spouses

Alimony can be claimed by the RF IC, article 90. The right of a former spouse to receive alimony after divorce:

1. Ex-wife during pregnancy and within three years from the birth of the child. The money is paid specifically to her, not to the children.
2. A former spouse who is caring for a common minor disabled child or disabled since childhood of the first group.
3. A spouse who becomes incapacitated during marriage or within a year after divorce.
4. A spouse who has reached pre-retirement or retirement age within 5 years after divorce. In this case, the court will take into account how long the husband and wife have been married.

The need factor is also important here, otherwise alimony will be refused.

How to file for child support

For a start, it's worth trying to negotiate. The results of the discussion are recorded in the agreement of the RF IC, article 99. Conclusion of an agreement on the payment of alimony on the payment of alimony. The parties or official representatives, if we are talking about incapacitated participants, conclude it in the presence of a notary of the Investigative Committee of the Russian Federation, article 100. Form of agreement on the payment of alimony.

When the agreement did not work out, you should go to court:

• In the world, if there is no need to establish or dispute paternity, involve third parties.
• To the district, if the case is connected with proof of paternity, the need to involve other interested parties, deprivation or restriction of parental rights, termination of an agreement on the payment of alimony or its invalidation and other controversial issues.

A claim for the recovery of alimony can be filed at the place of residence Article 29. Jurisdiction at the choice of the plaintiff and the plaintiff and the defendant. You do not need to pay the state duty.

What documents are needed to file for alimony

In addition to the statement of claim and its copies, each participant, judge and third parties will need:

• Documents certifying the right to receive alimony - birth certificates indicating family ties, marriage and its dissolution.
• Certificate of the child's place of residence, if we are talking about alimony for him.
• Plaintiff's passport.
• Certificates of income, expenses, to confirm that the applicant needs financial support. But keep in mind: if we are talking about alimony for a minor, they are due to him, regardless of the income of the parent with whom he was left.
• Calculation of the amount that the plaintiff wants to receive.

The court may require other documents to clarify the situation.

How the amount of alimony is calculated

According to Oksana Krasovskaya, when it comes to minors, alimony is usually assigned in the amount of a quarter of the parent's income for one child, a third for two, and half for three or more children.

The judge can reduce or increase the size of these shares, taking into account the material or marital status of the parties and other circumstances.

Oksana Krasovskaya

If the income of the parent, who must pay alimony, is irregular, he receives it in kind or in foreign currency, then the court may appoint a certain amount.

As for the rest of the categories of recipients of alimony, the amount of payments will be established by the court depending on expenses, income, the defendant's earnings, and so on. At the same time, the decision made should not leave him and his family members without a livelihood.

What to do if child support is not paid

In court, you received an order or a writ of execution.

The document can be presented to the debtor's employer, to the bank, if the details are known, to the Pension Fund of the Russian Federation, if the alimony payer is a pensioner, or you can submit an application to the bailiff service at the payer's place of residence.

Oksana Krasovskaya

An agreement on the payment of alimony has the force of a writ of execution.

As Krasovskaya notes, the debtor can be deprived of parental rights. If this is not an argument for him to start paying alimony, it is better to bring the matter to the end. In the future, this will allow to avoid claims from this parent against the adult child.

If the debtor does not pay alimony under a notarial agreement, he can be held liable in the manner prescribed by this document. If he does not comply with the court decision, he will pay a penalty in the amount of 0.1% of the unpaid amount for each day of delay.

The recipient of alimony has the right to additionally collect from the defaulter all damages caused by delay in the part not covered by the forfeit. Such requirements are formalized in a statement of claim and submitted to the court.