Alimony for other family members: brother, sister, grandmother, grandchildren

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Important! When filing a claim, please include the following information:

• Name of the court;
• About the applicant (full name, where he is registered and lives, contact information);
• About the defendant (full name, place of registration and residence, telephone number);
• Reflecting the title of the document - “Statement of Claim for Collection of Alimony”;
• Describing the significant circumstances;
• Indicating the declared amount of alimony and the desired procedure for its payment (indicates a fixed amount), as well as arguments justifying the declared amount of assistance (what are the expenses and income received), and the evidence base;
• Links to the provisions of the law on alimony and the practice of considering similar disputes in the courts;
• A request to collect alimony from the defendant;
• A list of applications is indicated;
• At the end, the date of compilation and the signature of the applicant are affixed.

Attention! Look at an example of a statement of claim for the recovery of alimony in a fixed amount for the maintenance of a grandfather:

To the magistrate of court district No. 6709 of the city of Moscow

Plaintiff: Petrov Ivan Petrovich, resident: Moscow, st. Mishina, 8, apt. 209, phone: 678432

Defendant: Vladimir Viktorovich Petrov, resident: Moscow, st. Tsvetochnaya, 100, apt. 6, phone: 875328

Statement of claim for the recovery of alimony in a fixed sum of money for the maintenance of the grandfather

Petrov Vladimir Viktorovich is my grandson. I have no other grandchildren.

I need financial assistance, I am disabled, since my income is ... (the size of my pension), which does not allow me to purchase medications prescribed by a doctor in full, pay for housing and communal services, or purchase clothes.

I cannot receive maintenance from my children (or spouse) because (specify the reason, for example: the children are incapacitated for work (disability), the spouse is incapacitated due to age, has an income (pension) in the amount of the subsistence minimum for pensioners in a constituent entity of the Russian Federation; the spouse and children have died , indicate other reasons).

The defendant, as far as I know, has sufficient funds and can provide me with the necessary maintenance, but does not want to voluntarily fulfill this obligation. He doesn’t want to give reasons for his decision.

Collecting alimony in my favor will not significantly worsen the financial situation of my grandson, since he has a permanent job, his income, as far as I know, is more than ... rubles, the grandson has property: .....

In accordance with Article 95 of the Family Code of the Russian Federation, disabled grandparents in need of help, if they are unable to receive maintenance from their adult able-bodied children or from their spouse (former spouse), have the right to demand in court to receive alimony from their able-bodied adult grandchildren who have the necessary this means.

In accordance with Article 117 of the Family Code of the Russian Federation, the amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence level determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony can be established as a share of the cost of living.

In accordance with Art. 95 of the RF IC, guided by Art. Art. 23, 131, 132 Code of Civil Procedure of the Russian Federation,

I ask the court:

To collect from Vladimir Viktorovich Petrov in my favor alimony for maintenance in a fixed sum of 6 thousand.

rubles, which corresponds to % of the cost of living for pensioners of a region/territory, republic/city/district (or the average cost of living in the Russian Federation) monthly from the moment of filing this claim in court until a change in financial or marital status.

Attachments: 1. copy of the plaintiff’s birth certificate; 2. a copy of the birth certificate of the defendant’s parents; 3. a copy of the defendant’s birth certificate; 4.

copies of documents on the plaintiff’s financial and marital status; 5. copies of documents on the financial and marital status of the defendant (if available); 6.

evidence confirming the plaintiff’s incapacity for work (copy of pension certificate, evidence of assignment of a disability group)

7. copy of the statement of claim.

March 29, 2018 Petrov I.P.

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Required documents

The claim is accompanied by certain documentation:

• Claim (additional copy);
• Certifying that the parties (applicant and respondent) are members of the same family and are related;
• Confirming that the applicant needs financial support;
• Evidence of the fact of the plaintiff’s incapacity for work (if required);
• Which confirms the applicant’s income level;
• Justifying the amount of assistance that the applicant requires to meet his needs;
• Indicating the existence of grounds for requesting alimony in the name of the grandmother (grandfather) and other family members (grandson/granddaughter, brother/sister, stepfather/stepmother or teacher).

Alimony for other family members

In addition to alimony collected from parents in favor of children and vice versa, as well as from one of the spouses, these payments, according to family law, are also demanded from other family members, but in certain cases.

For example, the following have the right to file a claim and collect alimony:

• minor and adult brothers/sisters (subject to incapacity for work);
• grandparents (if they are disabled);
• minors and grandchildren who have reached the age of majority (with proven disability);
• stepmother/stepfather (if they have disabled status);
• actual educators who have become disabled.

Alimony for brother (sister)

Important! Brothers (sisters) must by law provide financial support to brothers (sisters) in need under the following conditions (Article 93 of the Family Code):

• They are not yet eighteen years old and do not receive the specified support from their own parents (the latter are absent or deceased);
• Despite reaching adulthood, they are unable to work (due to disability or retirement), they do not receive support from wealthy adult children (spouses, parents).

Alimony to grandma (grandfather)

Grandchildren who have reached the age of majority and have sufficient financial ability must provide assistance to their grandparents, if they do not receive it from their own children (spouses). This is enshrined in Art. 95 RF IC.

Alimony for grandchildren

Attention! Grandparents will act as payers of alimony for their grandchildren if they need financial assistance, but under the following conditions (Article 94 of the Family Code):

• The grandson has not yet turned 18, and due to certain circumstances he does not and cannot receive financial assistance from his father/mother;
• The grandson is an adult, but disabled, does not receive financial support and cannot receive it from his parents or spouse.

Statement of claim for the recovery of alimony penalties (sample).

Child support for actual caregivers

When relatives and other persons raised children (not their own), taking part in their maintenance, then if extreme need arises, they have the right through the court to demand financial support from the pupils, but under the following conditions (Article 96 of the Family Code):

• the period of education was over five years, and the education was proper;
• they do not receive and are unable to receive financial support from their own children who have reached the age of majority or spouses (including former ones) with sufficient income.

The rule does not apply to persons raised in foster families or under guardianship or trusteeship.

Watch the video. Family Code of the Russian Federation. Chapter 15. Alimony obligations of other family members:

Alimony to stepfather (stepmother)

Notice! Art. 97 of the Family Code also defines the obligation of stepdaughters (stepsons) to provide financial support to their stepmother (stepfather), provided that:

• education lasted over five years;
• those in need do not have the opportunity to obtain payment of alimony from their own children or spouse (including their ex).

The law also provides for the obligation to pay alimony in the opposite direction - for the maintenance of stepsons (stepdaughters) by the stepfather (stepmother) and for the maintenance of pupils, in this case the childcare workers pay alimony.

Methods for obtaining alimony

Attention! There are only two ways to ensure payment of alimony:

• voluntary (an agreement is drawn up and signed);
• forced (through judicial authorities with the preliminary filing of a claim and collection of the necessary evidence).

The agreement on the payment of alimony is recorded in writing - an agreement certified by a notary (Article 100 of the Family Code).

Free consultation with a lawyer on alimony.

In accordance with Article 99 of the Family Code, two parties must sign the document - the recipient of alimony and the payer (the party responsible for paying maintenance).

• As for representation, it is resorted to when one of the parties is incapacitated.
• The document sets out the procedure for paying alimony, the method of making payments, indexation, payment terms, and the amount of payments.
• Please note! Alimony is established in the following options:

• in proportion to the income (earnings) received by the payer;
• a fixed amount of money (paid at a specified frequency);
• a fixed amount, but with one payment;
• with the provision of property to the other party;
• in other ways established by agreement;
• It is allowed to combine several methods of claiming alimony.

The law does not determine the minimum amount of alimony payments collected from other family members.

If maintenance is determined for a child who has not reached the age of majority or an incapacitated family member, then the amount should not be less than what could be expected in case of collection of alimony through the court - ¼ of the income received (Articles 81, 102, 103 of the Family Code of the Russian Federation).

1. If the payer violates its alimony obligations, the other party has the right to use the agreement as an executive document, presenting it to the bailiff service for enforcement.
2. If an agreement on the payment of alimony has not been established, the only option is litigation.
3. Application for indexation of alimony (sample).

What jurisdiction

All disputes regarding the collection of alimony for the maintenance of grandparents and other family members are considered by a magistrate. The application is sent to the court at the place of residence of the potential payer.

State duty amount

Plaintiffs who submit applications to the court to determine alimony payments by payers are not required by law to pay state fees.

Time limits for consideration of a claim on its merits

After the claim is submitted to the court through the office, it must be accepted for proceedings within 5 days. The case of collection of alimony is considered within up to 1 month.

Trial

Attention! During the judicial review of cases for the collection of alimony, the court determines the presence of the following circumstances:

• family relationship between the applicant and the payer (defendant in the case). Articles 93, 94, 95 and 97 IC;
• whether the children were properly raised and supported. Articles 96 and 97 IC;
• what is the material level, source of profit and family status of the parties;
• how much the applicant needs help and the fact of disability (the status of a disabled person is confirmed, reaching retirement age);
• is it possible for the applicant to receive alimony from other entities obligated by law to support him (child, spouse, parent);
• other circumstances (whether the applicant needs treatment, care, how long the children were raised, in what conditions, with what content, whether the respondent has health problems).

In accordance with paragraph 2 of Article 98 of the Family Code, the court determines alimony in a specific amount and the frequency of its payments (every month). To ensure indexation of alimony, they are tied to the value of the subsistence minimum (subsistence level).

Watch the video. Payment of alimony to family members:

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Source: https://potreb-prava.com/dokumenty/iskovye-zayavleniya/iskovoe-zayavlenie-ob-alimentax-na-babushku-drugix-chlenov-semi.html

Alimony for other family members: brother, sister, grandmother, grandchildren

When citizens talk about child support deductions, they most often mean payments for a child living separately from one of the parents.

Since the baby often stays with the mother, the father acts as the payer. However, in some cases, the court may oblige the transfer of funds to other relatives.

The article will talk about when it is necessary to pay alimony to other family members.

Legal basis for alimony to relatives

The main act establishing obligations in relation to such a group of relatives as other family members is the Family Code of the Russian Federation. The issue under consideration is settled by Ch. 15 SK.

Thus, a citizen may be required to provide for the following persons:

• brothers (sisters) under 18 years of age, as well as these citizens upon reaching the age of majority in case of loss of ability to work (Article 93); 
• grandchildren (Article 94); 
• grandfathers (grandmothers) (Article 95); 
• actual educators on the part of the pupils (Article 96);
• stepfather, stepmother (Article 97).

Alimony for brother (sister)

Support is established only if the brother or sister of the potential payer does not receive financial support from their parents, and the relative has a real opportunity (earnings) to make contributions.

Read also: Students' holidays 2020: how long do they last and when are winter holidays

In addition, the recipient must be in one of the following situations:

• Staying under the age of 18 in the absence or death of the mother (father);
• Acquiring disability (group 1-3) and the inability to withhold alimony from children, spouses, parents.

Alimony for grandmother, grandchildren

This category of citizens must provide for grandchildren if the latter do not have parents or other relatives capable of financially supporting the citizen.

In the opposite situation, grandchildren must support their grandparents, if it is impossible to provide financial assistance from their children (spouses).

Withholding alimony in favor of actual caregivers

If such persons cared for needy relatives or other citizens who did not have family ties with them, then the pupils in some situations were required by law to support them.

The obligation is established in relation to adult citizens capable of working.

The grounds for alimony deductions include:

• education was carried out for 5 or more years in the proper order;
• recipients cannot collect subsistence funds from adult children and spouses (including former spouses) for objective reasons.

These rules do not apply to persons raised in a foster family (under guardianship, trusteeship), since the law does not establish an obligation to support such citizens at their own expense.

Alimony to stepfather (stepmother)

Alimony in this case is similar to previous cases.

Thus, stepchildren are obliged to pay relatives part of their income if the latter:

• have provided adequate care to payers for 5 or more years;
• do not have the opportunity to receive funds from closer people.

Thus, these categories of citizens, by law and due to certain circumstances, must financially support persons who are unable to provide for themselves.

At the same time, the Insurance Code does not contain rules according to which alimony deductions are made from the actual educators, stepmother or stepfather.

Amount of child support to parents: what is the amount of payments.

The procedure for establishing alimony payments to relatives

There are two options for establishing child support obligations.

The first is by agreement, and the second is through court. The agreement is drawn up in writing and must be certified by a notary office (Article 100 of the RF IC).

The parties are the payer and the recipient of funds (Article 99 of the RF IC). Notary services for certification of a deed require payment of a fee of 250 rubles (clause 9, clause 1, article 333.24 of the Tax Code).

• A representative can be involved only if a party to the transaction is declared incompetent in the prescribed manner.
• The agreement necessarily includes the procedure and method for calculating alimony, its indexation, as well as the validity period of the document.
• The amount of deductions is determined in several ways:

• as a share of the citizen’s income;
• in a fixed amount (TDS), paid according to a specific schedule;
• in a fixed amount, through a one-time payment;
• through gratuitous alienation of property;
• in a mixed way;
• other options determined by the agreement.

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

According to the current legal regulations (Articles 81, 102, 103 of the SK), there is no maximum limit for collection from the payer.

In the case of minors or incompetents, their level of support should not be lower than that established in court. We are talking about a quarter of the total income of the alimony worker.

In case of late payments or dishonest attitude towards its obligations, the recipient has the right to submit an application to the FSSP for forced collection of money. The basis will be a notarial agreement having the force of a writ of execution.  

When withholding funds through the court, the applicant is required to formulate a petition and submit the latter to the magistrate’s court at the place of residence of the recipient of alimony, the defendant (Article 28, Article 29 of the Code of Civil Procedure). There is no state duty in this case.

For the authority considering the case, the following circumstances will be the fundamental factors:

• degree of relationship between the parties (Articles 93, 94, 95, 97 IC);
• the fact of fulfillment of the relevant duties (Articles 96, 97 IC);
• the level of income of the parties and their marital status;
• presence of disability or limited ability to work;
• the possibility of fulfilling alimony obligations by closer relatives.

The amount of payments is determined taking into account the requirements of Art. 98 SK. The authority, as a rule, decides in favor of monthly deductions in a fixed amount.

The value is determined taking into account the level of subsistence level in the recipient’s area of ​​residence (multiple). This is due to the fact that payments will be indexed along with changes in the designated indicator.  

Agreement on payment of alimony [14.65 KB]

Alimony: from what income is withheld, from what income is not deducted.

Conclusion

Thus, child support obligations apply not only to minor children, but also to other family members who need financial assistance and cannot provide for themselves.

In addition, the corresponding decision is made in the absence of relatives closer to the recipient. The payment procedure is established through the court or through an agreement.

Source: https://pravasemei.ru/alimenty/alimenty-drugim-chlenam-semi/

Alimony for family members

In addition to parents, children and spouses, other family members also have the right to alimony. Is this good or bad? It’s difficult to judge clearly. As they say, every coin has two sides.

However, it is noteworthy that in most countries there are no such norms. There, the legislator is limited to child support obligations of parents and children.

Let's look at the alimony obligations of family members in more detail.

Right to receive alimony

The Family Code of the Russian Federation includes grandfathers and grandmothers, grandchildren, brothers and sisters, stepdaughters and stepsons, as well as actual pupils as other family members. The listed family members are among the persons obligated to pay alimony only if certain conditions are met.

The second condition is that other family members have sufficient funds to be able to pay alimony. If they are in need, it is impossible to collect alimony from them.

Peculiarities of collecting alimony for other family members, characteristic only of these categories of alimony-obligated persons. Let's look at these questions in more detail.

Alimony for siblings

Alimony for brothers and sisters applies to both full and half-sibling relatives. Half-siblings must be half-siblings or uterine siblings (have either a common father or mother).

If minor children cannot receive maintenance from their parents, they have the right to demand such maintenance from their brothers or sisters. Brothers and sisters must be adults, that is, over 18 years of age.

They must be able to work, that is, they are not disabled or have not reached the age of 60 (55 for women).

Older brothers or sisters should have enough money to pay child support, that is, they should not need outside help themselves.

Disabled adult brothers and sisters also have the right to receive alimony; these are primarily disabled people who need to receive such assistance. Responsibilities for their maintenance arise in the absence of the opportunity to receive maintenance from children, parents and spouses.

Sibling child support is not as obvious as child support for other family members. Brothers and sisters often have difficult relationships. They may not communicate for a long time.

It seems that from a moral point of view such alimony is the most difficult to collect.

In one of our publications, we looked at a case where a sister was forced to support her unlucky brother, who became disabled due to alcohol abuse.

Child support for grandparents

If minor children cannot receive maintenance from their parents, they have the right to demand monetary maintenance (alimony) from their grandparents.

Grandparents will pay child support for their grandchildren only if they have sufficient funds to do so.

Their total income must exceed the subsistence level, taking into account existing obligations to support other family members. The ability to work of a grandfather or grandmother does not matter for the collection of alimony.

In practice, such alimony is quite rare; grandparents, if their children cannot provide sufficient support for their grandchildren, usually themselves voluntarily provide appropriate assistance. As a rule, such grandchildren live with these grandparents.

Even rarer cases in practice are alimony, which grandparents are obliged to pay to their adult grandchildren who have lost their ability to work, provided that they need help but cannot receive it from their parents or spouses.

Child support

The opposite situation arises if the grandparents need outside financial assistance.

Now grandchildren who have reached the age of majority, are able to work, and have sufficient funds, are required to pay alimony for the maintenance of disabled older relatives in need of help.

It is even possible that at first the grandmother or grandfather paid alimony for their minor grandchildren, and then the grandchildren pay alimony for the maintenance of these elderly people.

Grandparents can receive alimony from their grandchildren if it is not possible to receive alimony from children or a spouse for their own maintenance.

Child support

Not only relatives, but also actual caregivers have the right to demand alimony. Actual educators include any people who have taken on the responsibility of raising a child, without drawing up any documents for this.

Such situations are quite rare today, but they still occur. Typically, children left without parental care are identified by guardianship authorities and placed in foster care or guardianship.

The main condition in this case is the period during which the teachers kept the pupils; it must be at least 5 years. Raising other people's children should be proper.

These circumstances are clarified at a court hearing; if they are not confirmed, the claim may be rejected by the court. In addition, you can receive child support only if it is not possible to receive support from your children or spouse.

Alimony for stepdaughters and stepsons

Family law considers stepdaughters and stepsons as second-order payers of alimony. The stepson will pay alimony to his stepfather if he does not receive support from his children or spouse.

Since the duty of the stepmother and stepfather to maintain and raise their stepdaughter and stepson, respectively, is not established by law, grounds for collecting alimony can arise only if it is proven that the stepfather or stepmother themselves raised and supported minors.

In this case, as with actual educators, it is necessary that the upbringing and maintenance last for at least 5 years and be carried out properly.

Source: https://vseiski.ru/alimenty-chlenov-semi

Alimony relations of other family members. Obligations of siblings and grandparents

The legislation of the Russian Federation in the Family Code provides for alimony obligations in relation to:

• parents to children;
• ex-spouses to each other;
• children to parents;
• grandparents to grandchildren;
• grandchildren to their grandparents;
• sisters and brothers to each other;
• pupils to the actual teacher;
• stepdaughters and stepsons to their stepmother or stepfather.

In this article we will look at Chapter 15 of the RF IC, which describes the participants in alimony relations and the norms under which some may demand the emergence of such relations, and others are obliged to provide them with maintenance.

Alimony obligations of brothers and sisters

Fundamental to family relationships is that parents are obliged to support their minor children.

If parents are unable, for any reason, to fulfill the responsibilities of supporting minor children in need of help, child support obligations can be imposed in court on the adult sisters and brothers of such children (Article 93 of the RF IC).

Moreover, in Art.

93 of the RF IC, it also says that just as minor brothers and sisters can apply for alimony from able-bodied adult sisters or brothers, incapacitated adult sisters and brothers who, for objective reasons, do not receive maintenance from their ex-spouses, adult children or parents. The main conditions for the emergence of alimony obligations between brothers and sisters are:

• lack of means of subsistence for alimony recipients (need);
• the ability of alimony payers to provide maintenance;
• the ability to work of the alimony payer(s);
• disability of the alimony recipient(s);
• minor age of the alimony recipient(s).

Neediness is expressed in the fact that the benefits paid or available earnings are not enough to maintain existence. The level of existence below which need begins is equal to the subsistence minimum.

The alimony obligation of brothers and sisters is not primary, but rather has an auxiliary, additional nature.

Able-bodied, adult brothers and sisters can be involved in supporting needy sisters and brothers even if the parents’ support is not enough.

Only in the event of parents evading payment of alimony or in the event of their death, the alimony obligation of sisters and brothers takes on a fundamental character.

A claim for the collection of alimony from able-bodied adult sisters and brothers can be filed only if there is evidence that collection from the parents is impossible for some reason. The claim is filed by the guardian or guardian of the minor. Upon emancipation (recognition of a minor as fully capable), the minor can file such a claim himself.

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As mentioned earlier, disabled adult sisters and brothers can also count on alimony from brothers and sisters.

Conditions necessary for the emergence of alimony obligations between able-bodied, adult sisters and brothers and the incapacitated:

• incapacity (this category includes pensioners and disabled people of the 1st and 2nd disability groups, in special cases this may also include disabled people of the 3rd group);
• need;
• inability to receive alimony from former spouses, parents or able-bodied children.

When filing a claim for alimony, the relevant court decisions must confirm the last condition for the emergence of alimony relations.

Alimony for brothers and sisters is always calculated only in a fixed monetary amount and is paid monthly (Part 2 of Article 98 of the RF IC).

According to current legislation, the emergence of alimony obligations between sisters and brothers can occur not only on the basis of court decisions. It is entirely acceptable to conclude alimony agreements between them. The agreement is concluded on a voluntary basis. The regulation of the conclusion of such agreements is entrusted to Chapter. 16 IC RF.

Alimony relations between grandparents and their grandchildren

The alimony obligations of grandparents in relation to their grandchildren also belong to the second stage of obligations (Article 94 of the RF IC).

The main conditions for collecting alimony from grandparents are need, the inability to receive alimony from parents and the availability of these relatives to pay alimony, without affecting their well-being.

Alimony obligations may arise from grandparents in relation to grandchildren on both sides of the parents. A claim for alimony is filed only in the absence of a voluntary agreement.

In turn, if it is impossible to receive alimony from a former spouse or able-bodied children, grandparents can file a claim for alimony from their grandchildren (Article 95 of the RF IC). For the consideration of such claims, the reason why grandparents cannot receive alimony from their children or former spouses does not matter.

According to the Family Code of the Russian Federation, alimony can only be collected from adult, able-bodied grandchildren.

Alimony relations between grandchildren and grandparents can arise only if these grandchildren have the opportunity to support the alimony claimants, without deteriorating their own well-being.

By a court decision, all grandchildren of the plaintiffs may be required to pay alimony, regardless of which of the grandchildren the claim was filed against. Filing a claim becomes possible only if the grandparents are incapacitated, are in need and have insufficient funds in relation to the subsistence level.

Alimony relations between pupils and actual educators

In some cases, the legislation of the Russian Federation, namely Art. 96 of the RF IC provides for additional alimony obligations between pupils and actual educators.

The actual educator is a person who carried out the maintenance and education of a minor (them) without having the status of a trustee or guardian.

The legislator classifies any persons as actual educators, even those who are not related to the child in any way.

The only definition of an actual educator is his voluntary financial assistance to the child, his maintenance and upbringing.

The conditions for collecting alimony from a child being raised by the actual caregiver are practically no different from the conditions for previous relatives discussed in the article, except for the period during which the actual caregiver performed the actions described above in relation to the child. This period cannot be less than 5 years.

A shorter period is significant, but not fundamental for refusing a claim. A court decision with a shorter period is always associated with consideration of the facts and reasons why the actual maintenance and upbringing of the child ceased.

Objective reasons for the termination of actual education and maintenance that influence the court’s decision are:

• child emancipation;
• reaching adulthood;
• marriage before adulthood;
• the inability of the actual educator to no longer provide support and education to the child as a result of loss of physical health.

Another difference from other second-order alimony obligations is the absence of reference to the pupil’s ability to support the actual teacher, without a noticeable impact on his own well-being. This is due to the fact that relationships comparable to parental ones are established between the pupil and the actual teacher, hence the “increased” obligations.

Maintenance obligations on the part of pupils cannot arise in relation to:

• guardians;
• foster parents;
• trustees.

These entities cannot file claims for alimony from their pupils due to the fact that at one time they received state support for these children.

Another category of persons who have the right to file claims for alimony is the stepfather and stepmother. Naturally, such claims will be directed at stepsons and stepdaughters.

Like the actual educator, a stepmother or stepfather must raise and support a stepson or stepdaughter for at least 5 years.

The conditions for satisfying the claim do not differ from the previous ones, namely need, incapacity and the availability of funds from the stepdaughter or stepson to support the stepmother and stepfather.

The reason for refusing to satisfy the claim for alimony in this case may be the improper fulfillment by the stepmother and stepfather of the responsibilities for the maintenance and upbringing of children and the short duration of such upbringing and maintenance.

The judicial system is structured in such a way that the plaintiff must himself collect and provide evidence on the basis of which the court can make a decision on claiming alimony.

The assistance of a family law attorney includes drawing up statements of claim, collecting evidence and calculating the possible amount of alimony.

The family law attorney in our law office exercises full supervision over each client’s case; in addition to the above actions, he can attend court hearings, file motions and advise the client throughout the case.

We also recommend reading:

• collection of alimony for spousal maintenance;

Sincerely, Victoria Demidova, lawyer.

Source: http://www.LegalNeed.ru/info/familylaw/alimentnie-otnosheniya-chlenov-semi/

Alimony for other family members

In addition to alimony obligations between parents and children, spouses (including former spouses), the Family Code of the Russian Federation provides for cases of collection of alimony from other family members.

Thus, persons who have the right to file a claim for alimony include minors and adult disabled brothers and sisters, disabled grandparents, minor and adult disabled grandchildren, disabled stepmothers and stepfathers, disabled actual educators.

Alimony for brother (sister)

Working brothers and sisters are obliged to support their brothers and sisters in need of help in two cases :

1. A brother or sister has not reached the age of 18 and cannot receive maintenance from their parents (death or absence);
2. A brother or sister who has reached 18 years of age is disabled (disabled people of groups 1, 2, 3, pensioners, disabled people) and does not receive help from their working adult children, spouses (former), or parents.

Alimony to grandma (grandfather)

Adult grandchildren who have financial capabilities are payers of alimony for grandparents in a situation where the latter cannot receive it from their children or spouses (including former ones).

Alimony for grandchildren

Accordingly, grandparents are payers of alimony for needy grandchildren , provided:

1. The grandson has not reached 18 years of age and cannot, for objective reasons, receive support from his mother and father;
2. Disabled grandchildren who have reached the age of majority do not have financial support from spouses (former spouses) or parents.

Example

Osipova E.V. In 2014, she went to court demanding payment of alimony for the maintenance of her grandchildren to her grandmother, since her son (the plaintiff’s ex-husband) was evading payment of alimony and was put on the wanted list. Initially the claim was granted.

But, subsequently, the cassation court overturned the previous decision, indicating that the failure of the child’s father to pay alimony and his search does not indicate the impossibility of receiving funds from the other parent, the grandmother in this case is the subject of alimony obligations of the second priority, the question of the availability of the necessary funds has not been clarified, the possibility of receiving maintenance from the grandparents of the second parent, the plaintiff, was taken into account.

Child support for actual caregivers

If needy relatives or other strangers supported and raised stepchildren , then they have the right to count on financial assistance from their pupils who are working and have reached the age of majority, provided that:

• education was carried out properly and for more than 5 years;
• cannot receive alimony from their children over 18 years of age or from their spouse (former spouse).

This provision does not apply to persons who were raised in a foster family or under guardianship (trusteeship), since the law does not impose an obligation to support children using personal funds.

Alimony to stepfather (stepmother)

Similarly, the obligation of stepsons and stepdaughters to support their stepfather and stepmother in need of help is provided for, if the latter:

• were raised properly for more than 5 years;
• cannot receive alimony from their adult children or from their spouse (former spouse).

The Family Code of the Russian Federation does not provide for the payment of alimony by a stepmother or stepfather for a stepson or stepdaughter, as well as by actual educators for pupils, respectively.

Court consideration of alimony disputes

Thus , alimony obligations for other family members are derivative (secondary) and are determined, first of all, by the fact that it cannot be provided by children or husband (wife), even by former ones.

Regardless of whether a claim is brought against one or more persons , the court identifies all family members who are required to pay them by law. When establishing the above facts, the court, upon application of the party, may determine them as co-defendants and establish the size of each person’s share in the maintenance of the alimony recipient. The shares of alimony payers may be disproportionate.

Example

Kuznetsov K.L., born in 1944, being a disabled person of group 2, filed a lawsuit in 2014 to collect alimony in a fixed amount from his own daughter Matveeva M.K. and stepson Antokhin A.S. The plaintiff indicated that he is a disabled parent in need, the defendants do not care about him and do not provide voluntary assistance.

When considering the case, the court found that the elderly man had adult children (daughter Matveeva M.K., son Kuznetsov A.K.) and they did not provide evidence of the upbringing and maintenance of his stepson in the past. Therefore, the claim was partially satisfied: alimony was collected from the daughter in the amount corresponding to 1/5 of the subsistence minimum; alimony from the stepson was denied.

The court, studying all the legally important circumstances of the case, proceeds from the fact that the defendant (payer) of alimony must have the necessary and sufficient funds and that after paying part of them he will have the opportunity for further normal existence.

If there is a change in financial (downsizing at work) or family (birth of children, illness of the alimony payer, loved one) situation, the alimony payer has the right to apply to the court with a request to change or cancel the obligation to pay alimony under a court decision or agreement on the payment of alimony.

Methods for obtaining alimony

Consequently, there are two ways to formalize alimony: concluding an agreement on the payment of alimony or by filing a claim in court.

The agreement on the payment of alimony is drawn up in writing and must be certified by a notary (Article 100 of the RF IC). It is concluded personally by the parties - the person who is obliged to pay alimony, and the recipient (Article 99 of the RF IC).

Representation is only possible if a party is incapacitated.

This document must provide for the procedure and method of payment, indexation, payment period (from what date and to what date), the amount of alimony, which can be determined by the following options:

• in shares of earnings and (or) other income of the person obliged to pay them;
• in a fixed sum of money paid periodically;
• in a fixed sum of money paid at a time;
• by providing property;
• by other means regarding which an agreement has been reached;
• several ways to collect alimony.

The law does not establish a minimum amount for paying alimony to other family members. But when providing maintenance to a child under 18 years of age or to an adult incapacitated family member, its amount cannot be less than the amount that he could receive when collecting alimony in court, i.e. 1/4 of income (Articles 81, 102, 103 of the RF IC).

Read also: Governor's certificate for the first, second and third child

If the payer violates the obligation to pay alimony, the recipient has the right to apply, on the basis of an agreement, which in this situation will be a writ of execution , to the bailiff service. If the parties fail to reach a compromise, alimony is collected in court.

A claim for the collection of alimony is presented to a magistrate either at the place of residence of the plaintiff (recipient) or the defendant (payer) (Article 28, Part 3 of Article 29 of the Code of Civil Procedure of the Russian Federation). There is no state fee to be paid when filing a claim.

When considering this category of disputes, the court establishes the following significant circumstances:

• degree of relationship and properties between the plaintiff and the defendant (Articles 93-95, 97 RF IC),
• fulfillment of the obligation to support and raise children (Articles 96, 97 of the RF IC),
• material (level of security, sources of income) and marital status of both the alimony payer and the recipient,
• incapacity and need (disability, retirement age),
• impossibility of receiving maintenance from their able-bodied children, spouses (former), parents,
• other (need for treatment, outside care, conditions for raising and maintaining children in the past, its duration, health status of the payer),
• the presence of other persons who may be entrusted by the court with the obligation to support the plaintiff.

By a court decision, alimony is determined in a fixed amount and is payable monthly (clause 2 of article 98 of the RF IC). For the purposes of their indexation, the court determines it as a multiple of the subsistence minimum or as a fraction of the subsistence minimum.

Conclusion

The obligation to pay child support, in addition to parents and children, may also apply to grandparents, able-bodied family members: brothers and sisters, grandchildren, stepdaughters and stepsons, and pupils.

The resolution of this category of legal disputes largely depends on the moral and ethical qualities (decency, kindness, compassion) of all participants in the process, who have the right to agree before the court on the payment of maintenance on the basis of an agreement on the payment of alimony.

Source: http://alimentoved.ru/alimenty-drugim-chlenam-semi/

Alimony obligations of other family members

Chapter 15 of the Family Code of the Russian Federation imposes alimony obligations on other family members, in addition to parents and children. The law includes brothers and sisters, stepsons and stepdaughters, grandparents, grandchildren, as well as actual pupils as other family members.

To recover maintenance from the listed persons, certain conditions must be met.

Firstly, alimony is collected from them only in favor of a person who cannot receive maintenance from children, parents or spouses due to their death, evasion of payments or lack of financial ability to provide for the needy. Secondly, other family members must have sufficient funds to make payments to the relative.

Alimony obligations of brothers and sisters

Obligations to pay alimony affect both full brothers and sisters and half-siblings who have a common father or mother. Minor brothers and sisters, as well as adults recognized as disabled, have the right to receive alimony.

You can collect alimony from brothers or sisters if:

1. They have reached 18 years of age;
2. They are recognized as able to work;
3. They have enough money to pay maintenance.

Alimony for grandchildren and grandparents

Minor grandchildren or disabled adults have the right to demand maintenance from their grandparents. In this case, the working capacity of grandparents is not taken into account. A necessary condition for collecting alimony is that the payers have a total income that exceeds the established subsistence level.

If grandparents are unable to receive financial assistance from children or spouses, they have the right to demand alimony from their adult, able-bodied, financially secure grandchildren. At the same time, people in need must prove that the amount of the pension or benefit they receive is not enough to meet their needs.

Alimony for stepdaughters and stepsons, as well as actual pupils

A stepmother or stepfather who is disabled or has reached retirement age has the right to demand maintenance from a stepson or stepdaughter if it is proven that in the past they took part in raising children and provided them financially for at least 5 years.

In addition, alimony may be demanded by actual educators, that is, persons who have assumed the responsibilities of raising minor children, without drawing up the appropriate documents.

Alimony from pupils is collected only if the person in need does not have the opportunity to receive maintenance from his own children or from his spouse, and also provided that the upbringing and maintenance of minors in the past was carried out properly and lasted for at least 5 years.

Calculation of alimony for other family members

If the parties do not agree on the amount of alimony, then it is determined by the court in a fixed sum of money equal to a certain amount of the subsistence level (ML).

When changing the size of the monthly allowance, the amount of alimony is indexed. Indexation is carried out by the bailiff or the payer's employing organization.

When considering the case, the court takes into account the financial and family status of the parties, as well as all persons obliged to support the applicant, regardless of whether claims have been made against them. The degree of participation of each of the defendants in the maintenance of the plaintiff is determined by the court depending on their financial and marital status.

Alimony may be withheld from the following types of income of the defendant:

• Salary;
• Income from business activities;
• Profits on securities or from leased property;
• Benefits;
• Scholarships;
• Pensions;
• Bonuses, additional payments;
• Fees.

Methods for collecting alimony for other family members

To recover maintenance from other family members, you need to file a claim at the magistrate’s station at the place of residence of the claimant or the defendant. In this case, the claimant is not obliged to pay the state duty.

The application must indicate information about the plaintiff and defendant, demands, their justification, documents confirming the legitimacy of the demands, as well as a list of attached documents.

The claim is signed personally by the applicant or his representative (guardian), who has the appropriate power of attorney certified by a notary.

The application is considered within 30 days from the date of its receipt at the site. At the end of the process, the judge makes a decision, which can be appealed by interested parties within 10 days.

Source: http://alimente-info.ru/alimentnye-obyazatelstva-drugih-chlenov-sem-i/

Collection of alimony for brothers, sisters, grandparents, grandchildren. Arbitrage practice

Relations related to alimony obligations of brothers, sisters, grandparents, grandchildren, actual caregivers, stepfathers, stepmothers and other family members are regulated by articles of the Family Code of the Russian Federation:

Article 93 of the RF IC.
Responsibilities of brothers and sisters to support their minors and disabled adult brothers and sisters Article 94 of the RF IC.
Responsibilities of grandparents for the maintenance of grandchildren Article 95 of the RF IC.

The obligation of grandchildren to support their grandparents
Article 96 of the RF IC.
The obligation of pupils to support their actual educators Article 97 of the RF IC.
Responsibilities of stepsons and stepdaughters to support their stepfather and stepmother Article 98 of the RF IC.

The amount of alimony collected from other family members in court

From the court decision in the case of collecting alimony from a grandmother

The mother of a minor child (P.M.’s daughter), i.e. The plaintiff in the case works, and is also obligated by law to support the child.

Defendant P.L. is the grandmother of the plaintiff’s daughter P.M. She is elderly, does not work, and receives an old-age pension in the amount of 2,297.97 rubles. (case file 18), does not have a farm, is a sick person.

She is observed in the clinic of the Luninskaya Central District Hospital with diseases: cerebral atherosclerosis, dyscirculatory encephalopathy; widespread polyosteoarthrosis deformans: high myopia of both eyes; chronic purulent meso-epithympanitis on the right: chronic purulent otitis on the left, which is confirmed by the corresponding certificate on the ld. 36, the treatment of which requires significant costs.

Under such circumstances, the defendant’s arguments that the child’s parents are alive, able-bodied and obligated to support him, that she does not have the financial means to pay alimony in favor of her granddaughter, were reasonably taken into account by the court and received the correct assessment of the court (Decision of the Penza Regional Court dated 28 November 2006 in case No. 33-2405).

Judicial practice of the RF Armed Forces on the collection of alimony for pupils and stepfathers

When considering the claims of actual educators for the provision of maintenance by their pupils, as well as the claims of the stepfather (stepmother) for the provision of maintenance by their stepsons (stepdaughters), it is necessary to keep in mind that, by virtue of Art. Art.

96, 97 of the RF IC, the court has the right to satisfy the stated requirements, provided that the plaintiffs are disabled, need financial assistance that they cannot receive from their adult able-bodied children or from spouses (former spouses), properly supported and raised the defendants for at least five years, and the latter have reached adulthood and are able to work.

Courts need to take into account that the Family Code of the Russian Federation, in contrast to the Code of the Family Code of the RSFSR (Art.

85 and 80), does not provide for alimony obligations of actual educators in the event of refusal to further raise and support their pupils, as well as the obligations of stepfathers and stepmothers for the maintenance of minor stepsons and stepdaughters who were in their care or support, do not have parents or cannot receive sufficient funds for maintenance from parents. However, this circumstance does not entail the termination of the payment of alimony collected under court decisions made in such cases before March 1, 1996, since clause 2 of Art. 120 of the RF IC does not establish such a basis for termination of alimony obligations (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”)

Alimony for family members. Arbitrage practice

The Certificate of the Perm Regional Court dated March 10, 2008 “On the application of legislation on alimony obligations” contains the following explanations with examples from judicial practice in considering cases:

Alimony obligations of other family members.

Chapter 15 of the RF IC provides for a list of minors and disabled adult family members in need, who, under certain circumstances, have the right to demand maintenance from their able-bodied adult family members who have the necessary means for this.

These include: brothers and sisters from their brothers and sisters (Article 93 of the RF IC), grandchildren from their grandparents (Article 94 of the RF IC), grandparents from their grandchildren (Art. 95 of the RF IC), actual educators from their pupils (Article 96 of the RF IC), stepfather and stepmother from their stepsons and stepdaughters (Article 97 of the RF IC).

As in other cases of alimony collection, claims for alimony collection of the above-mentioned persons are subject to collection on a monthly basis in a fixed sum of money, taking into account the financial and marital status of the payer and recipient of alimony and other noteworthy interests of the parties (Article 98 of the RF IC). At the same time, according to Part 3 of Art.

98 of the RF IC, if a family member requiring alimony must be supported by several persons, the court determines the amount of participation of each of them in fulfilling the alimony obligation, regardless of the filing of a claim against all these persons. In cases provided for in Art.

96, 97 of the RF IC, exemption from the obligation to support members of one’s family is allowed at the discretion of the court.

The peculiarity of the consideration and resolution of these cases of collection of alimony is expressed primarily in the fact that alimony obligations arise only if the person applying for alimony cannot be provided with it by closer relatives or spouses: grandchildren, brothers, sisters from their parents, and grandparents from their children, or both from their spouses (former spouses). Clarification of these circumstances is important for the correct resolution of the case.

According to paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9, when considering claims of actual educators for the provision of maintenance by their pupils, as well as claims of a stepfather (stepmother) for the provision of maintenance by their stepsons (stepdaughters), it is necessary to keep in mind that due to Art.

96, 97 of the RF IC, the court has the right to satisfy the stated requirements, provided that the plaintiffs are disabled, need financial assistance that they cannot receive from their adult able-bodied children or from spouses (former spouses), properly supported and raised the defendants for at least five years, and the latter have reached adulthood and are able to work.

To determine the amount of alimony, the financial and marital status of the parties and other noteworthy circumstances are taken into account, including the presence of other family members obligated to provide support to the plaintiff.

When a claim for the recovery of alimony is brought by the actual educators or stepfather (stepmother) against the pupils or stepson (stepdaughter), then the subject of proof must necessarily include the facts of proper upbringing and maintenance of the defendants for at least five years.

We also recommend all statements of claim for the collection of alimony (samples).

Source: http://logos-pravo.ru/vzyskanie-alimentov-na-bratev-sester-dedushku-babushku-vnukov-sudebnaya-praktika