Alimony for a disabled child: new law, before and after 18 years

The parent's obligation to pay child support usually ends when the child reaches 18 years of age. But if he has a disability, then, subject to a number of circumstances, payments should continue.

Features of alimony for disabled people

Article 80 of the Russian Family Code states that parents are obliged to support their children until they reach legal capacity, even in the event of family breakdown.

If a parent living separately does not provide child support voluntarily, it can be sought in court.

Once the child reaches 18 years of age (or 16 years of age and subsequent emancipation), the payment stops.

But there is an exception to this rule. Article 85 of the Family Code states that if an adult child is disabled, then the parents are still obliged to support him. Child support for a disabled child after 18 years of age ceases to be paid only if the disability is removed, but can last for life.

If a parent refuses to pay child support voluntarily, the other party or the child himself may sue to force the collection of funds. The fact that a disabled person receives a pension or any benefit is not a reason to stop paying alimony from parents, but a reason to reduce their amount.

In accordance with the Family Code, disabled persons entitled to receive alimony even after reaching 18 years of age include:

• Disabled people of any group;
• Disabled children;
• Persons who have reached retirement age.

• Disabled people of groups 1 and 2 are entitled to alimony by default, since they are completely disabled in accordance with current legislation.
• Video on the topic:
• Group 3 disabled people must indicate that they need financial assistance and cannot provide for themselves. A disabled person must prove in court:

• That he cannot get a job due to his disability;
• His income is not enough to meet basic needs.

If the claim is successful, the payment will continue until the disability is lifted or the alimony payer proves that his child no longer needs support.

Disability group Duration of payment of alimony I For life, since such a person is definitely not able to support himself II Until the disability is removed or the disabled person is recognized as limited to work III Until the disability is lifted and the person is recognized as fully able to work

Grounds and reasons

You can apply for alimony:

• A guardian appointed to look after a disabled adult (usually a parent or close relative);
• The child himself on his own behalf, if he is recognized as capable.

1. In any case, after reaching the age of 18, the child or his representative must go to court or draw up a new agreement with the parent on the payment of alimony, since previous decisions and agreements cease to apply automatically after the recipient of the funds reaches the age of majority.
2. If alimony was paid to the mother, then you do not have to apply for it again, since her status has not changed.
3. The basis for receiving alimony is the inability of a disabled person to support himself for the following reasons:

• A disabled person cannot get a job (must be confirmed with certificates from the Employment Center);
• Having a job does not solve the problem of lack of necessary funds;
• A disabled person requires expensive treatment.

The court itself decides what reasons it considers sufficient to assign alimony payments; there is no clear judicial practice on this issue. In any case, when making a decision, the court relies on the Family Code, namely Article 91, as well as Resolution of the Supreme Court No. 56 of December 26, 2017, regulating controversial issues regarding the assignment of alimony.

If the disabled person is incapacitated, then the decision is clearly applied in his favor. The presence of disability groups 1 and 2 also guarantees the assignment of payments.

If the applicant is a disabled person of group 3 and is recognized as having limited ability to work, then the court will take into account:

• His income and ability to get a job;
• Financial situation;
• The need for expensive treatment;
• Family status;
• Financial condition of the payer.

How is the size of transfers determined?

As established by Articles 81 and 83 of the Family Code of Russia, alimony for children under 18 years of age is collected either as a certain percentage of the payer’s salary, or as a fixed amount.

If the payment is made to an adult disabled person, then it is assigned only as a specific amount, and not as a percentage of income. This applies to all cases - both when the parents came to a common opinion and entered into an appropriate agreement, and when the payment is ordered by a court decision.

When the parties agree on their own, the amount of alimony can be set to any amount. If the decision is made by the court, it takes into account the following points:

• Financial and marital status of both parties;
• Is the disabled person employed and what income does he receive?
• What is the amount of pension, social benefits and other payments;
• What are the real financial needs of a disabled person;
• Does the child require serious medical treatment and expensive medications?

If a child is seriously ill, then, in accordance with Article 86 of the Family Code, the alimony payer is obliged to provide him with additional financial assistance. This also applies to cases where the child has reached the age of 18, but is disabled of any group.

The plaintiff (the disabled person himself or the guardian) can recover funds from the defendant in the form of compensation after the acute need for money has passed, for example, after an operation. The law allows this. In addition, you may require additional funds for postoperative rehabilitation and disease prevention.

If the health status of a disabled person has changed, then on the basis of Article 119 of the Family Code of the Russian Federation, the amount of alimony payments can be increased or decreased. This is done voluntarily or through the courts.

The reasons for increasing alimony are:

• Sharp progression of the disease or the appearance of complications;
• The need for other, more expensive treatment;
• The cost of a medical procedure has increased or prices for necessary medications have increased;
• Deterioration in the financial condition of the alimony recipient (for example, layoffs at work, death of a relative providing care).

To increase the amount of payments, the plaintiff must go to court and prove the fact of an increase in the cost of treatment using certificates, checks, prescriptions and other supporting documents.

If filing a claim for alimony under normal circumstances does not require the plaintiff to pay a state fee (it is paid by the defendant), then when requesting an increase in payments, the applicant must pay it. The amount of the duty depends on the size of the requirements and ranges from 400 to 60,000 rubles.

Typically, the amount of alimony for an adult disabled person is tied to the minimum subsistence level. Along with the indexation of this value, payments also increase - it is better to secure this provision in advance, so that later you do not have to re-apply for an increase in the amount of alimony.

An example of calculating alimony for a disabled person

In 2017, Nikolai, a disabled person from childhood, paralyzed from the back, turned 18 years old. The estranged father stopped making payments. Nikolay, an adult, passed a medical examination and received a group 2 disability. Due to his condition, he was unable to find work. Nikolai lived with his mother, who helped him financially.

On his own behalf, Nikolai filed for alimony and demanded from his father a payment equal to the subsistence minimum in Volgograd, where the plaintiff lived - namely 9,181 rubles. At the same time, he submitted documents for registration of disability benefits to the Pension Fund of the Russian Federation.

The court satisfied Nikolai's demands in full.

In 2019, Nikolai’s condition worsened, and he decided to receive additional financial assistance from his father. But it was not possible to reach an agreement. I had to go to court. As a result, Nikolai managed to increase the amount of payments to 9,318 rubles (the cost of living in the 1st quarter of 2019), and also received an additional one-time payment of 10 thousand rubles for the purchase of a new wheelchair.

How to collect: step-by-step instructions

There are several options for collecting alimony. The simplest one: negotiate with the other parent and draw up an agreement, which then needs to be certified by a notary. Here you can discuss the payment amount and its frequency. It is not necessary to make monthly payments - you can pay alimony, for example, once a quarter or year. The main thing is that both parties are satisfied with the schedule.

The second option is to go to court. Collection of alimony will be carried out on the basis of a court decision or court order.

To receive a payment, you must:

1. Fill out a statement of claim and submit it to the local district (city) court. In it, you need to ask to consider the claim at the defendant’s place of residence (in the case of alimony, this is possible). There is no need to pay state duty - this responsibility will be assigned to the defendant;
2. Wait for the claim to be reviewed. The default period is 1 month, but alimony cases are a priority and are usually considered much faster. The court will make a decision based on the documents and issue a court order;
3. Wait 10 days for the order to take effect. During this period, the defendant can challenge the court order and file a counterclaim. In this case, you should prepare for a full meeting, during which a decision will be made;
4. Submit the received document to the bailiff service along with your account details and wait for the collection of funds.

Attention: if the plaintiff knows the defendant’s place of work, then the order can be taken directly there. The accountant will make transfers to the recipient based on this document - it’s faster and more practical.

The following documents will need to be attached to the claim:

• A copy of the passport of the applicant and the disabled person;
• Evidence of relationship between the defendant and the disabled person;
• A medical report according to the established template establishing the child’s disability;
• Certificates of income, in their absence - a certificate from the Employment Center about registration as unemployed;
• Certificate of family composition;
• Documents justifying the need to collect the declared amount - for example, receipts for medicines, prescriptions, contracts with the hospital, etc.

Termination of alimony payments

The reasons for stopping the payment of alimony to an adult disabled person are described in the legislation, these are:

• Death of the payer or direct recipient of payments;
• Recognition of a disabled person as able to work and his official employment;
• Removal of disability;
• The appearance of a stable source of income for a disabled person, for example, real estate.

In addition, if a disabled child was adopted before his 18th birthday, then no one can claim alimony from the former parent. From now on, the responsibility for providing for the child will lie with the new father or new mother.

Most often, it is the payer himself who applies for cancellation of alimony. He needs to submit documents to the court at his place of residence, indicating the significant reason for the cancellation. The court will consider the case within 1 month, then after 10 days the decision will enter into legal force.

Conclusion

Thus, a disabled child can receive payments even after reaching their 18th birthday. He needs to prove through the court that he needs an additional source of income. Also, payment of alimony can be voluntary.

In some cases, it is possible to increase the size of transfers, for example, when an illness or complications arise due to disability. If there are sufficient grounds to terminate payments, the payer has the right to file a corresponding application with the court.

Source: https://invalid.expert/alimenty-na-rebenka-invalida-posle-18-let/

Collection of alimony for a disabled child before and after 18 years of age

Author of the article: Elena Plokhuta, lawyer,
reading time: 8 minutes,
updated:
December 16, 2019
Reads:
4706

Any parent raising children with medical conditions can collect child support for a disabled child. The procedure is carried out in the general manner, with the only difference that if a minor is disabled, it is possible to claim additional funds, as well as alimony for the mother.

Amount of child support for a disabled child

• Contents (click to open)
• The size and forms of basic alimony payments for a disabled child do not differ from the amounts assigned to any other child, but a parent with a disabled child can demand from the ex-spouse not only basic alimony, but also additional funds.
• Basic payments, depending on the situation, can take the following forms:

• As a share of earnings. 25% is transferred for one child, 33% for two, 50% for three children.
• In a fixed size. Such payments are assigned when it is impossible to determine the payer’s income, as well as for disabled adult children with disabilities.
• In mixed form. In this case, alimony takes both forms - percentage and lump sum. This form of alimony may be prescribed if the payer does not have a regular income.

Read also: Compensation for a trip to children's camp 2020

Medical expenses

If a mother has incurred one-time medical expenses of a large amount, she may seek partial compensation from the father of a disabled child. It is worth trying to come to an agreement peacefully, and if you disagree, file a claim in court.

By law, the man will be required to compensate 50% of the costs, but if he has a poor financial situation or there are valid reasons for reducing payments, the court may set a lower amount.

If the costs of drugs and treatment are systematic, money can also be recovered from the father. To do this, you will need medical certificates and prescriptions, as well as a detailed calculation of the expected costs - the plaintiff does this himself.

If the claim is satisfied, the defendant may also be required to pay 50% of the claim price.

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Until what age is child support paid to a disabled child?

Previously, child support for disabled children was paid only until they reached adulthood, and if at the age of 18 they were enrolled in educational institutions, this was grounds for termination of payments. Currently, student support is awarded until age 23 or until you receive your diploma.

If the child is already 18 years old, but the disability has not been lifted and he is considered incapacitated, this does not relieve the father of child support obligations.

To collect alimony after reaching adulthood, two conditions must be met simultaneously:

1. Disability – in particular, group 1-2 disability and loss of the ability to work;
2. Need for help.

In this case, only the court can assign alimony after filing an appropriate request.

Assignment of a disability group after 18 years of age

Initially, a small child is assigned the status of “disabled child” when the severity of persistent impairments is 2, 3 or 4 degrees, and the organs are 40-100% inoperable. No specific group is assigned. When he turns 18, he must undergo re-examination:

Group
Criteria
Group 1 Loss of organ functionality in the range from 90 to 100% Group 2 Vital organs are 70-80% inoperative Group 3 Organs are 40-60% inoperative

The entire procedure for assigning a disability to a child looks like this:

1. The pediatrician issues a referral for a medical and social examination.
2. The child and his mother visit all doctors, undergo a medical examination and undergo tests. It is important to consider that the results have a limited validity period, so they must be collected and provided to specialists in a timely manner.
3. Based on examinations and tests, doctors provide a conclusion and a rehabilitation program with treatment recommendations.

In most regions, benefits are provided for disabled children, so mothers, in addition to alimony, can also take advantage of them by contacting social security.

The procedure for collecting alimony for a disabled child

Regardless of what alimony is collected - basic or additional for expenses - the procedure through the court looks like this:

1. A statement of claim is being drawn up. It can be filed at any time, even if the child is already 18 years old, but you can only recover money for the last 3 years.
2. The court registers the application and accompanying documents and sets a date for the first court hearing.
3. Mother comes to the meeting. If the spouse is absent, this is not grounds for rescheduling the hearing or terminating the alimony obligation.
4. After considering the case, the judge makes a decision and a writ of execution is issued. It is provided to the FSSP at the defendant’s registered address or place of work.

Statement of claim (sample)

The legislation does not provide for a unified form of statement of claim, but it must necessarily contain the following information:

• name and address of the court;
• FULL NAME. and the registration addresses of the plaintiff and defendant;
• when and where the marriage was concluded and subsequently dissolved, series and number of certificates;
• data from the child's birth certificate, full name. child; if there are several children, you will need information about each;
• claims: to order the payment of alimony in a fixed or shared amount, to oblige the defendant to pay a penalty in a certain amount, etc.;
• a list of attached documents;
• number and signature.

The application is drawn up in your own hand on a printed form in blue ink, in clear handwriting and without errors. The use of colored paste is not permitted.

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Required documents

At the first visit to court, the plaintiff must provide:

• copies of passport;
• child's birth certificate;
• marriage certificates.

To collect funds for treatment you will need:

• medical certificates;
• receipts for the purchase of medicines;
• and other evidence confirming the need to collect additional payments.

If the expenses are just planned, a document from a doctor indicating the need for treatment, the purchase of expensive drugs or means of rehabilitation for disabled children is sufficient.

Procedure for receiving alimony

Having received a writ of execution, a woman can submit it to the FSSP to initiate enforcement proceedings or at the payer’s place of work to the accounting department so that alimony is deducted from the salary automatically.

When the claimant decides to act through the bailiffs, enforcement proceedings are opened against the alimony obligee. The FSSP employee is obliged to send the parties a resolution to initiate proceedings no later than the next day. If the father does not fulfill his obligations on his own, he is invited to a conversation.

If necessary, to enforce the collection of alimony, the bailiff has the right to seize bank accounts and property of the payer, as well as send enforcement documents to the place of his employment.

Arbitrage practice

Most often, the courts make a positive decision on claims for the collection of alimony for additional needs.

For example, the Certificate of the Perm Regional Court dated March 10, 2018 describes the following case:

The woman received alimony for a disabled child, then after reaching adulthood he was assigned the first group and declared incompetent.

She filed a claim for funds for additional needs, indicating that due to her difficult financial situation she could not purchase medicines and supplies on her own.

Taking into account the severity of the illness and the financial condition of the parties, the court satisfied the claims in full.

Alimony for the maintenance of the mother of a disabled child

According to the norms of the RF IC, a woman raising a common child has the right to demand alimony from the father for her maintenance until the disabled person comes of age. If he is subsequently assigned a Group 1 disability, payments are made for an indefinite period.

When determining the amount of alimony in court, the financial situation of the parties and the regional cost of living per person are taken into account.

The calculation will take into account all the mother’s income and expenses. For example, if she earns 30,000 rubles, and the minimum is 15,000 rubles, it will not be possible to collect payments. If a woman does not work due to the constant care of a disabled child, alimony will most likely be awarded.

The procedure for collecting alimony for the mother

To collect alimony for herself, a woman must do the following:

1. Collect all certificates and other documents confirming the child’s disability and your own need for financial assistance.
2. Go to court. Plaintiffs are given a choice of judicial authority - at the place of their registration or at the address of the defendant.
3. Receive a court decision and writ of execution.
4. Provide enforcement documents to the bailiffs or at the payer’s place of employment.

Collection of alimony in certain cases

To understand in detail the nuances of collecting alimony for a disabled child and his mother, it is recommended that you familiarize yourself with examples taken from judicial practice.

If the father is unemployed

Lack of official employment is not grounds for cancellation of alimony obligations. If the father does not work, child support is set at a fixed amount, taking into account the cost of living.

Example:
A child is 10 years old. Parents are divorced and have disabilities. The minimum for living in his region is 11,000 rubles. per person. The mother filed a claim for alimony, indicating in it a requirement to pay 20,000 rubles.

monthly.

The claim was partially satisfied, the defendant was ordered to pay only 5,500 rubles.

If the woman had sought additional compensation for medical expenses, the amount would have been divided in half.

If your ex-husband is in the army

During his service, the payer will accumulate a debt for alimony, which he is obliged to pay upon his return. However, on the basis of Art. 114 of the RF IC, he may be partially exempt from paying the penalty or principal debt, because

service is a valid reason and the man could not influence the circumstances.

Example:
A father regularly paid 25% of his salary to his daughter with a disability for 5 years, the amount was 15,000 rubles. monthly.

He was drafted into the army for 1 year, and a debt of 180,000 rubles arose. The penalty is calculated as follows:

180,000 x 0.1% = 180 rub. in a day.

180 x 365 = 65,700 rub. - penalty.

After returning, the man provided documents from the military registration and enlistment office confirming his service. Due to the fact that he could not avoid missing payment deadlines for valid reasons, he was released from transferring the penalty, but was required to pay the principal debt.

1. From a disabled father
2. Example:
   In 2018, the pension of disabled people of group 1 is 9,919.73 rubles. The man has two disabled children, for whom he is obliged to transfer the following amount:
3. 9,919.73 x 33% = 3,273.52 rubles.

If the payer has a poor financial situation, he himself can demand alimony for his maintenance from his wife in accordance with Art. 90 of the RF IC, provided that the disability occurred during marriage or within 1 year after divorce.

From an individual entrepreneur

Individual entrepreneurs are required to regularly report income to the Federal Tax Service.

The calculation of alimony from an individual entrepreneur is based on the average monthly earnings of the entrepreneur, but if the exact amount cannot be determined, payments are assigned in a fixed amount.

Example:
Father works as an individual entrepreneur, there are no employees. Every year he submits a “zero” declaration, indicating no income. During the divorce, the woman filed for alimony. The disabled child is the only one in the family.

The court ordered payments in a fixed amount, taking into account the average earnings in the region of 30,000 rubles. The calculation was made as follows:

30,000 x 25% = 7,500 rub. – payable monthly.

Source: https://SocPrav.ru/alimenty-na-rebenka-invalida

Alimony for a disabled child: new law, before and after 18 years

Parents are obliged to take care of their children, regardless of the situation in the family. If the mother or father leaves while filing a divorce, they do not lose their obligation to support the minor.

And in some cases, this encumbrance is valid even after 18 years. An example would be a child's disability. Withholding funds in the form of alimony payments in such a situation has a number of nuances.

The article will tell you how child support is transferred for a disabled child in 2019 - 2020.

Alimony for a disabled child after 18: nuances

A child with group 1 disability cannot independently meet his needs even after reaching the age of eighteen.

Such citizens need constant care and medical attention. Given the incapacity for work, the payment of funds is made by the parent indefinitely.

Children who have been diagnosed with disability group 2 also cannot provide for themselves. Despite the registration of a pension and various benefits, payments from the mother and father are not canceled.

Withholdings are made until the category of disability is changed or the child acquires full legal capacity.

If this does not happen, then financial assistance is provided for life.

Minors with disability group 3 cannot count on withholding alimony from a parent after 18 years of age.

The fact is that this category of citizens is considered able-bodied. The only exception is a long job search.

Then the person can count on support until employment. In other cases, generally accepted rules apply.

• In order for the court to side with the plaintiff, it is necessary to prove the presence of factors that objectively impede the possibility of employment.
• These include reasons beyond the control of the applicant, for example, the refusal of organizations to accept a person with disabilities.
• For documentary evidence, letters signed by the head of the enterprise who rejected the applicant for the position are suitable.
• Persons classified as “childhood disabled” have the right to receive support from their relatives until the medical organization refuses to confirm the illness.
• After reaching the age of majority, a citizen can independently defend his legitimate interests in court.

Application for alimony in a fixed amount. [38.00 KB]

How to sue for child support: through State Services.

What
child support does a parent pay
for a disabled child?

Alimony deductions are established even in a situation where the child acquired disability after reaching eighteen years of age.

Read also: Certificate of non-receipt of a lump sum benefit at the birth of a child: mother, father

If a citizen received injuries, as a result of which the authorized body decided to assign the person 1-2 groups of disability, then he has the right to file a claim. The latter is formed independently or by a legal representative (guardian).

As a rule, the statement is made by the mother, since the child often stays with her.

The second parent, if there is an appropriate court decision, is obliged to pay 25% of the total income as financial assistance to the relative.

In addition, the mother of an adult citizen has the right to demand money from her ex-husband to cover additional costs associated with medical procedures, the purchase of medications, and rehabilitation.

If a man disagrees, a woman has the right to resolve the conflict in court. The authority will be guided by the need of the disabled person, and not by the fact that the father systematically provides assistance.

Even in the latter case, the authority may impose additional penalties on account of the previously specified expenses.

To formulate a statement of claim, the applicant will need to collect supporting medical documents, receipts indicating expenses incurred, and tickets for public transport.

Download the claim for the collection of child support. [26.00 KB]

Alimony for the mother of a disabled child

According to Art. 90 of the Family Code of the Russian Federation, a person who is the legal representative of a disabled child is entitled to appropriate payments.

Such alimony is paid to cover lost earnings. Since the mother cannot leave her children in need of constant care alone, she cannot receive a stable and sufficient income.

Withholding of funds from the former spouse is carried out voluntarily or compulsorily.

For the last method, you need to file claims with a judicial authority. Funds for the maintenance of a person caring for a disabled child are calculated in TDS (flat amount).

The following circumstances directly affect the amount

• the income of the parties, documented by relevant certificates;
• the alimony payer has a new family and children under 18 years of age and other dependents;
• other circumstances, for example the presence of a serious illness.

1. If the partners have found a compromise regarding the procedure for providing financial assistance and the amounts, then they have the right to enter into a voluntary agreement.
2. Withholdings will be made in accordance with the provisions included in the text of the agreement.
3. However, it is worth remembering that documentation acquires legal force only if it is certified by a notary office in accordance with the established procedure.
4. To resolve
   the issue through the court, you need to collect the following documentation:

• personal statement;
• passport;
• document on registration of relations (divorce);
• child's birth certificate;
• certificates about the level of earnings of the parties;
• medical certificates confirming a medical and social examination and establishing the disability group of a person in need of financial support.

Download the claim for the recovery of alimony for the wife. [17.49 KB]

New law: indexation of alimony

Last year, amendments were made to the legislation related to the establishment of alimony relations.

The latest changes concern the indexation of payments. The operation is carried out without filing a claim. The authorities responsible for collecting funds carry out recalculation automatically.

In addition, amendments introduced in 2018 provide for the award of a survivor’s pension in the event that the search for a missing child support provider is unsuccessful.

Conclusion

Thus, alimony obligations related to providing for disabled children have nuances. The procedure and terms of financial support depend on the person’s disability group.

Source: https://pravasemei.ru/alimenty/alimenty-na-rebenka-invalida/

Alimony for a disabled child after 18

The obligation of parents to support their minor children is enshrined in Article 80 of the Family Code of the Russian Federation. It is this norm of legislation that the courts are guided by when satisfying the claims of one of the parents (usually the mother) to collect child support from the other parent. Court decisions in such cases establish the defendant’s obligation to pay monthly amounts for the development of the child until the age of 18.

Does a parent have a child support obligation to support an adult child? In certain cases - yes, we will talk about this in this article.

Financial assistance for an adult child

The maintenance of children who have become adults can become the responsibility of parents only if two conditions are simultaneously :

• Need for financial assistance. Children from families in which the income per person is less than the subsistence level are recognized as poor;
• Disability - there are limitations in the ability to work due to illness (disability of groups 1, 2, 3), which is confirmed by the conclusion of the MSEC.

If these criteria are absent, the parent cannot be obliged to pay monthly amounts in favor of adult children, since there is no appropriate legal mechanism. Thus, the obligation to support children after they reach the age of 18 is not automatically extended.

From the example we see that the mother counted on the father’s financial assistance even after the child’s 18th birthday. Many women on the Internet and in consultations in legal offices are interested in how to recover payments from their ex-husband for the period of their child’s studies at the institute. This is only possible in cases of disability and need ; in other cases, the court will refuse to satisfy the claim.

If the parents do not agree on how and to what extent they will provide financial support to a disabled adult child, the law allows for recovery through the court. At the same time, an adult child in need of alimony can apply for judicial protection (if he is incompetent, then a guardian can write an application).

• Sample application to the court for child support for a disabled adult child:
• Magistrate of judicial district No. 2 in the city of Yekaterinburg
• Filimonova Olga Vasilievna

Source: https://vitprint.ru/alimenty-rebenku-invalidu-posle-18/

Alimony for a disabled child after 18 years of age - law-divorce.ru

Home / Alimony / Alimony for a disabled child after 18 years of age

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It is clear that financial support for a minor child (including a disabled child) lies with both parents. The health, physical and intellectual development, and socialization of the child depend on how much time, effort, patience and money parents invest.

But sometimes disability persists even after a son or daughter reaches adulthood - and not only does it not allow them to work and independently provide for their own needs, but also requires additional financial expenses for treatment and recovery. Responsibility for an adult child should never rest with only one parent. If the second parent refuses to provide financial support, alimony must be demanded in the prescribed manner.

In this article we will consider in detail the conditions, order, procedure, form of claim and list of documents for collecting alimony for an adult child with a disability.

Disability. Alimony for a disabled child

To begin with, let us mention a disabled minor child (regardless of the disability group) - he has the right to alimony in the general manner:

at least 25% of earnings (if the parent is officially employed) or unemployment benefits (if the parent is temporarily unemployed).

If a parent has inconsistent earnings, alimony is set not as a percentage, but as a fixed amount of money, a multiple of the minimum subsistence level.

additional, targeted amounts of money may also be collected for special needs - for a medical examination, the purchase of medicines, surgery, a trip to a health care facility.

After reaching the age of majority, alimony payments, which were paid in the general manner, cease.

Conditions for paying child support for a disabled child after 18 years of age

Alimony payments stop upon reaching adulthood, however, according to Article 85 of the Family Code of the Russian Federation, an adult child with disabilities of groups I, II, III has the right to financial support from his parents. Receiving a pension or social benefit does not cancel the right to alimony after reaching the 18th birthday.

In this case, the following conditions for receiving alimony payments after reaching adulthood must be met:

• Disability;
• Neediness.

Disabled people of groups I and II are guaranteed to receive the right to alimony - since they are recognized as completely disabled.

Group III disabled people have reduced ability to work (they can perform some types of work), therefore this disability group is not a basis for receiving alimony payments.

But if a disabled person can prove his disability or inability to find a job and independently provide for the needs of life, he can sue.

The question of whether alimony is appropriate will be decided at the discretion of the court.

Registration of alimony for a disabled child

According to the provisions of Family Law, child support for an adult child of a disabled person can be paid in two ways:

• Voluntarily (if the parents are able to “amicably” agree and document the agreements in a special child support agreement);
• Forcibly (if one of the parents refuses to support a disabled child, you have to go to court with a statement of claim, and with a court decision - to the SSP).

Even if alimony has already been collected in court before the age of 18, after reaching adulthood, alimony payments stop and you have to file a new claim. Both the adult disabled child and his representative (parent, guardian, trustee) can go to court to collect alimony.

The procedure for obtaining child support for a disabled child over 18 years of age

So, after a disabled person from childhood reaches the age of majority, it is necessary to either conclude a child support agreement between the disabled person and the parent in a notary office, or initiate a legal process for collecting alimony. The first method is much simpler and faster, but is rarely used. Much more often you have to go to court, following this algorithm:

1. Prepare documentation;
2. Draw up and submit a statement of claim in accordance with the requirements of the Code of Civil Procedure of the Russian Federation;
3. Take part in the trial, receive a copy of the court decision and the writ of execution;
4. Contact the bailiff service to enforce the court decision.

Documents for collecting alimony for a disabled child after 18 years of age

• a copy of the disabled child’s passport;
• a copy of the birth certificate or paternity certificate;
• ITU medical certificate confirming disability;
• certificate of pensions or social benefits paid to a disabled person;
• documents on income - certificates from the place of work of the plaintiff and defendant, in case of unemployment - a certificate from the labor exchange, a copy of the work book with a record of dismissal;
• certificate of family composition - issued by the migration authority, the State Budgetary Institution “My Documents” or at the housing department of the HOA;
• justification for the required amount of alimony - documents confirming the costs of medical examination, treatment, purchase of medicines, special food (prescriptions, checks, receipts, coupons, extracts, contracts).

Statement of claim for the recovery of alimony for an adult child of a disabled person

How should a statement of claim be drawn up? As you know, all documents submitted to the court, including the claim, must comply with the requirements for civil procedural documents. Thus, the claim must contain the following information:

• Name and location of the court;
• Information about the plaintiff (the plaintiff is an adult disabled person himself) - full name, residential address, telephone number;
• Information about the plaintiff’s representative – full name, residential address, telephone number;
• Information about the defendant – full name, residential address, telephone number;
• Circumstances of the case - family relationship between the plaintiff and the defendant, disability, incapacity and need, need for material support, justification for the fixed amount of alimony with reference to supporting documents;
• The requirement for the court is to collect alimony from the defendant in favor of the plaintiff;
• Applications;
• Signature;
• Date of filing the claim.

You can download and familiarize yourself with a sample statement of claim in order to draw up your own claim based on it.

Amount of child support for disabled children after 18 years of age

A peculiarity of assigning alimony for sons or daughters over 18 years of age is that payments can be assigned exclusively in hard currency, and not as a percentage of income. Moreover, this does not depend on whether alimony is paid by agreement of the parties or by court decision.

• When concluding an alimony agreement, the document must indicate the amount of alimony that will suit both parties.
• When going to court, the plaintiff has the right to declare and justify the desired amount of alimony, attaching to the claim documents confirming the needs and regular expenses of the disabled child. Will the court set this exact amount? Not necessarily - the court is based not only on the plaintiff’s demands, but also on real circumstances - the financial and marital status of the parties.

Parents of a disabled adult child may be required to pay not only regular alimony payments, but also additional sums of money needed in special cases, for example, when the illness becomes more complicated and surgery, procedures, purchase of medicines, etc. are necessary.

Another thing that needs to be said is this: paying child support, even after reaching adulthood, even in considerable amounts, is not the only responsibility of a parent. Taking a living part in the life of a son or daughter, helping, accompanying in the process of treatment, rehabilitation, prevention, caring and support is no less important than giving out monthly sums of money.

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Legal assistance

Financial contributions for disabled children, as well as for disabled adults, is a rather complicated procedure. There are cases when one of the parents evaded payment, and the other could not do anything about it.

Without a legal education, it is very difficult to correctly assess the situation. This applies not only to the calculation of alimony, but also to going to court. Despite protecting the interests of a disabled person, the court will not accept a statement of claim with errors.

That is why it is important to involve a legally savvy expert in your work.

On our portal you can get free advice on the calculation and payment of alimony.

Lawyers will tell you how to draw up a settlement agreement, a statement of claim, an objection to the claim, a petition to the court and other documents.

The sooner you get advice, the higher the chances of protecting the rights of a disabled child. The lawyer is well acquainted with judicial practice, which allows him to protect the rights of citizens from the position of the law!

Source: http://law-divorce.ru/alimenty-na-rebenka-invalida-posle-18-let/

Alimony for a disabled child after 18 years of age and maintenance for the mother

Financial support for the child rests equally with the mother and father. However, upon reaching the age of eighteen, the obligation ceases. The exception is when the child is disabled. In this case, children retain the right to receive financial support for life. Let's look at how to collect child support for a disabled child after 18 years of age.

Financial support for a disabled minor child

The responsibility for providing financial support for a disabled child until he or she reaches adulthood rests with the parent in accordance with the general procedure. A minor has the right to receive ¼ share of all possible official income of the father.

By agreement between mom and dad, instead of cash, valuable property can be transferred as financial support. The object is registered as the property of the child.

If the person receiving alimony does not have a regular income, then financial support is assigned by the court in the form of a fixed amount. Its size must be a multiple of the minimum wage calculated at the time the claim is considered in court. The amount is subject to annual indexation.

A disabled child has the right to receive additional funds, in addition to the generally accepted amount of alimony. They are needed to pay for the costs of treatment, rehabilitation, and the purchase of specialized equipment and medications. The amount of expenses is divided proportionally between the parents. The amount of additional assistance is calculated by the court and provided to the recipient on a monthly basis.

Financial support does not necessarily have to be established in court. Financial support for a disabled minor child may be provided for by a notarial agreement between the parents.

The document may initially include an amount for additional expenses. In the absence of such a condition, or an acute shortage of funds for the child, the mother and father have the right to make changes to the document. The text of changes must be made in writing and subject to notarization.

When a disabled child reaches eighteen years of age, the obligation to make payments in the general manner ceases. The exception is material security paid on the basis of an agreement. In this case, the parties independently determine the period of its validity.   

Support for the mother of a disabled child from her ex-husband

Until adulthood, alimony for a disabled child and maintenance for the child’s mother can be collected. Conditions for material support may be provided for in the agreement. If a man refuses to pay money to his ex-wife, the woman has the right to recover it in court. The court assigns financial support to the mother in a fixed amount.

A woman is eligible to receive funds if she:

• the child's biological mother/adoptive mother;
• legal wife of the alimony obligee/divorced from him;
• not officially employed;
• for the period of application to the court, it is registered for the care of a disabled child;
• will prove the need for financial support.

The payment period is determined by the court until the child reaches adulthood. A woman has no right to receive additional payments from her ex-husband’s income.

Conditions for paying child support for a disabled child after 18 years of age

To collect child support for a disabled adult child, the following factors must be present:

• disability;
• need.

Once a disabled person reaches the age of eighteen, the status of a disabled child is no longer valid. The citizen must re-pass a medical examination and confirm the degree of disability.

If the ITU commission establishes disability group I or II, then the person has the right to receive financial support from his parents. A mother or father living together with a disabled person, running a joint household with him and caring for him may be exempted by the court from paying financial support.

A disabled person of groups I and II retains the right to receive alimony payments, regardless of the amount of social assistance provided to him by the state.

A group III disabled person has the right to receive financial support only if he proves in court his need for additional funds. This is due to the fact that disability group III is assigned to citizens with limited ability to work. They can work and support themselves independently.

Parents are obliged not only to pay child support for a disabled person of group 1, but also to provide him with all possible physical assistance and care.

How can an adult disabled person receive financial support from his parents?

Alimony for disabled children after 18 years of age is collected differently than for a minor. The claimant and recipient of the funds must be a child. The exception is for incapacitated/partially capable persons. In this case, a representative (guardian) acts on his behalf. It doesn't have to be the mother.

Material support can be established:

• voluntarily (by agreement);
• forcibly (by a court decision).

The agreement is between parent and child. A representative from the child’s side may participate. In this case, it is necessary to have documents confirming the identity of the representative, a notarized power of attorney, an order from a local government authority appointing guardianship over an incompetent person or guardianship over a person with limited legal capacity.

The agreement must have a term. It is expressed as a date (for example, the date of re-examination) or as the occurrence of a certain event (for example, upon restoration of working capacity).

One of the options for expiring the validity of a notarial agreement is the refusal of the ITU bureau to extend the disability. After which, the child is considered fully able to work. The situation is relevant for disabled people of group III.

Important! If parents refuse to voluntarily pay financial support for a disabled child, the funds can be recovered in court.

Step-by-step instructions for obtaining financial support

Despite the fact that the law provides two options for collecting financial support from the parents of an adult disabled child, concluding a notarial agreement in such a situation is rarely found in practice. Often, a disabled person or his representative initiates legal proceedings.

The procedure for collecting child support for a disabled child after 18 years of age:

• collection of documents;
• drawing up an application to the magistrate's court;
• presence during the trial;
• obtaining a court decision;
• transfer of the court order to the FSSP.

In 2018, to collect alimony, a citizen must apply to the magistrate's court. The issue is resolved through writ proceedings.

The application can be submitted to the court office in person, through a representative or by mail. When applying in person, a citizen must have a passport with him. The representative is required to provide not only an identification document, but also a power of attorney or an order for appointment as a guardian or trustee.

The postal item is issued in the form of a registered letter. It is advisable to add a receipt confirmation. The documents are sent to the magistrate’s court at the place of permanent registration of the father or mother.

List of information for the court

The list of documentation for child support for disabled children under 18 years of age is a basic list for withholding financial assistance for a minor. When collecting funds for an adult disabled person, the list is strikingly different. It includes:

• a copy of the applicant’s personal documents (birth certificate, passport);
• certificate of paternity (if available);
• certificate from the ITU bureau and IPR of a disabled person;
• information about the applicant's income;
• documentation of the income of the alimony payer;
• information about family composition;
• evidence of the need for the amount claimed in the claim.

When collecting financial support from parents, a disabled child is required to provide a birth certificate. This document confirms the family ties between the defendant and the plaintiff.

A certificate from the ITU Bureau is attached to prove the fact of disability and indicate the period during which the commission’s conclusion is valid. The IPR of a disabled person is provided as information about the necessary measures for the rehabilitation of a citizen and the need for specialized means.

As information about the applicant’s income, certificates of pension, benefits and compensation received are provided. Including utilities and medicines. Providing false or incomplete information about income may become the basis for withholding the paid material support from the recipient in full.

Documentation about the defendant’s income is provided in the form of a certificate from the place of work about income, information from the Pension Fund about the amount of the pension, a certificate from the Central Employment Insurance Fund. Documents are provided whenever possible. If a person cannot obtain information on his own, the court must do so.

Information about the composition of the applicant’s family is provided in the form of a certificate from the passport office, housing department or through the MFC.

The applicant must justify why he needs the specified amount. To do this, attach receipts for the purchase of medicines, extracts from the medical history, prescriptions for the purchase of medicines, IPR of a disabled person with requirements for the purchase of rehabilitation means.

Certificates are submitted in the form of originals. The rest of the documentation is sent in the form of copies. Each sheet is signed by the applicant with the following text: “The copy is correct. Full name, signature.”

Sample application for recovery of financial support for a disabled person over 18 years of age

The application, which is drawn up in the magistrate's court, must comply with the requirements for documents presented by the Code of Civil Procedure of the Russian Federation. Basic information included in the application:

• name of the magistrate's court;
• information about the plaintiff (full name, passport details, residential address, contact telephone number);
• similar information about the representative (if available);
• details of the respondent parent (full name, passport details, residential address, contact phone number);
• name of the application (for the collection of alimony for a disabled person after 18 years of age from a citizen’s full name);
• document text;
• list of applications;
• date of preparation and signature of the applicant.

The text of the application must contain the following information:

• the presence of a family relationship between the applicant and the payer;
• the date of registration of disability and the period for which it was established;
• description of disability and need, reasons for lack of income;
• the amount of payments prescribed by the state;
• the desired amount of financial support in the form of a fixed amount;
• justification of the amount, supported by documents;
• reference to the law (Article 85 of the RF IC);
• applicant's requirements.

The application is drawn up in three copies (to the defendant, the magistrate and the plaintiff).

The statement of claim for the recovery of alimony for an adult child can be downloaded here

Amount of financial support for an adult disabled person

Alimony for a disabled child and the mother of a disabled child is collected exclusively in the form of a fixed monthly payment. The applicant cannot demand the assignment of a percentage to all types of income, by analogy with the recovery of funds for a minor.

Important! Specifying payment in the form of a fixed amount is relevant both for a notarial agreement and for a court decision.

If the parties enter into an agreement, the amount can be any. The main thing is that it is a multiple of the minimum wage and satisfies both parties. Unlike the financial support of a minor, the law does not establish a minimum amount of payments. The frequency of financial support is also determined by agreement of the parties.

If the payer refuses to enter into an agreement, the disabled adult goes to court. During the trial, the court considers the possibility of assigning the amount requested by the plaintiff. However, there is no guarantee that material support will be assigned in the required amount.

When assigning a fixed amount of payment, the court proceeds from the real situation, the size of the defendant’s income, his other obligations and expenses. For example, the court may take into account that a citizen lives in a rented apartment. If a person does not have his own living space, rental expenses will be counted as necessary.

And alimony for the mother of a disabled child is assigned after the amount of payment for the child is established. The amount of assistance to a woman is calculated taking into account that the defendant is already obliged to pay funds for an adult child. Therefore, the amount will be significantly less.

Specialist support

The peculiarity of a statement of claim for the recovery of financial support for a disabled adult child is that the claimed amount must be justified.

Independent actions aimed at withholding financial assistance may negatively affect the court's decision.

The help of a specialist in preparing alimony for a disabled person over 18 years of age will be useful not only for drawing up a statement of claim, but also when drawing up a notarial agreement.

Source: https://AlimentOff.ru/alimenty/alimenty-na-rebenka-invalida-posle-18-let-v-rossii