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

The legislation of the Russian Federation provides for situations when parents have the right to demand alimony from their children. The mother and father must be disabled, and the children must be financially secure.

The relationship between parents and children is regulated at the legislative level by the Family Code of the Russian Federation. This also applies to financial issues. Therefore, parents have the right to demand funds for their maintenance on the basis of Art. 87 IC RF .

Filing a claim in court is carried out in accordance with the Civil Procedure Code of the Russian Federation.

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How to apply for child support for retired parents?

Parents can receive funds for their maintenance in two ways. First you need to try to negotiate peacefully with the children and conclude an agreement. But if this option does not suit you, you will have to demand alimony in court . Certain documents and a statement of claim will be required.

Grounds for filing a claim

If children do not provide for their parents, they have the right to sue for child support. But it is important to comply with two conditions.

Firstly, the child must be an adult, and secondly, he must be able to work.

In other words, you cannot recover amounts for your maintenance from a young child, a disabled person, etc.

To receive alimony payments there must be good reasons . First of all, this is the difficult financial situation of the plaintiff. That is, parents should not have sources of income. The court takes into account the fact that the plaintiff is not able to provide himself with adequate living conditions.

Also taken into account:

• the financial situation of the defendant;
• marital status of the parties to the process;
• the amount of payment required by the plaintiff;
• provided documents.

Each claim is considered by the court on an individual basis.

If the defendant’s parents have a serious illness or disabled status, the court may order additional payments.

The court may exempt the defendant from paying child support to the parents. This is possible if the plaintiff has been deprived of parental rights in relation to the defendant . But in the case when his rights are restored, he has the right to alimony.

If the defendant proves that the plaintiff did not fulfill his responsibilities as a parent and did not support him until adulthood, alimony will be denied .

Read all about deprivation of parental rights here.

What documents are needed?

In addition to the claim (it is filed in 3 copies), the plaintiff must provide the court with additional documents. This:

1. identification document;
2. child's birth certificate;
3. medical certificates;
4. papers confirming the plaintiff’s need (certificate of pension amount, etc.).

The defendant, in turn, also has the right to submit certain documents as evidence of his case. This may be a court decision to deprive the plaintiff of parental rights or a certificate confirming his inability to pay child support.

How to file a claim?

The application must indicate:

1. The name and address of the court in which it is filed.
2. Cost of the claim (amount of alimony per year).
3. Information about the applicant and respondent.
4. Parent's requirements and grounds for collecting alimony.
5. List of papers attached to the claim.

Download the alimony claim form here.

Where should I file a claim?

The statement of claim is submitted to the magistrate's court in person or by mail . The plaintiff can use the help of a representative, but for this he needs to issue a notarized power of attorney.

Submitting an application is not subject to state duty.

Within 5 days after the claim is filed, the plaintiff is notified of its acceptance or denial.

If the application is accepted for consideration, the court undertakes to consider the case within 1 month . If the claim is not accepted because the claims are unfounded, the decision can be appealed by appealing to the district court.

What is the amount of child support for parental support?

The court can satisfy the parents' claim and force the children to pay child support. This may be a flat sum of money or a percentage of the defendant's income .

Most often, a specific payment amount is set, since the percentage of income may change if the defendant changes jobs.

A fixed amount is appointed by the court if:

• the defendant does not have a regular income;
• receives income in foreign currency;
• does not have an official job;
• if alimony in the form of a percentage of wages is not enough.

When determining the amount, the court takes into account:

1. Parents' right to financial assistance. The plaintiff must have reached retirement age and be disabled . It is also important how the parent fulfilled his responsibilities towards his children. If he was previously deprived of parental rights or did not take part in raising the defendant, then he has no rights to alimony.
2. The needs of parents are also an important condition. This takes into account the presence of disability or other health problems . In addition to alimony, the court may order additional payments for treatment.
3. The plaintiff's income is considered. Pension, additional income, rental of real estate - the court takes into account all possibilities for obtaining funds.
4. The next stage is the financial situation of the defendant. The court also takes into account all ways in which children earn income other than wages. In addition, the composition of the defendant’s family and the number of dependent persons .

The amount of alimony cannot be lower than the subsistence level in the region.

Methods of paying alimony

Alimony payments can:

• Withheld from the defendant's wages. In this case, the amount of deductions cannot exceed 50% (in rare cases 70%) of the total salary.
• Deposited by the defendant into a bank account. The plaintiff opens a bank account in his name to receive alimony.
• Sent by mail or cash. This method is chosen by entrepreneurs or those who pay alimony from additional income. When sending or transferring money, you must take receipts or receipts from the recipient , otherwise it will be extremely difficult to prove payments.

If the defendant evades payment and also hides his real income from the court, he faces criminal liability.

This can be forced labor for up to 1 year, arrest for up to 3 months, or imprisonment for 1 year. The plaintiff, for his part, before preparing the statement of claim, must collect as much evidence as possible about the financial situation of the defendant .

For details on collecting child support in favor of disabled parents, watch the video:

Source: https://2supruga.ru/alimenty/skolko/razmer-roditelyam-ot-detej.html

Amount of child support for parents

Parents can, if necessary, demand alimony from their children, and this right is enshrined in the current legislation of the Russian Federation. However, in practice, not many people know how to do this correctly and what is needed for this.

This article will help you figure out how you can get child support from your parents, what the possible amount of payment is, and find out other questions that arise on this topic.

How to apply for child support to retired parents

Alimony for the maintenance of parents of pensioners can be obtained in two ways. The simplest option is that they can come to an agreement with their children and enter into a certain agreement. However, unfortunately, there are cases when kindred spirits do not find a common language or are in a quarrel, and in this case the only way out is to demand payment through the court.

Grounds for filing a claim

Everything related to the issue of alimony for retired parents is regulated by the Family Code of the Russian Federation. Article 87 of the Code contains a list of conditions when parents can apply for payments:

1. In case of incapacity for work, when the parents are pensioners or have a disability.
2. Parents have an income that is not enough to meet their needs.
3. Children have income sufficient to provide assistance.
4. Children are able-bodied citizens, but have not yet reached retirement age.

These will be the grounds for filing a claim for alimony. So, in the event that children, for one reason or another, do not provide for their parents who need financial support, the latter have every right to sue.

Important! A statement of claim is filed only in cases stipulated by current legislation.

What documents are needed

If it is not possible to conclude an agreement, a completely reasonable question arises as to how to collect alimony. The only way out in this case is to file a lawsuit. To do this, you will need to collect a certain package of documents. First of all, it is necessary to draw up a statement of claim, which is submitted to the court in triplicate.

Documents required in addition to the claim:

• a copy of the applicant's passport;
• documents that would confirm the family ties between the applicant and the defendant.
• documents confirming the applicant’s income, proving that he is disabled.
• medical certificates if the applicant has a disability or certain health problems.

How to file a claim

When drawing up a statement of claim, you must ensure that the document contains the following information:

1. name of the court to which the claim is filed;
2. information about the applicant and respondent;
3. a description of the grounds that forced the applicant to apply for alimony;
4. an indication of the amount of payments that the applicant wishes to receive;
5. indication of evidence that would confirm that the applicant’s demands for child support for the maintenance of parents are justified and legal (all evidence must also be attached to the case). These could be: documents that would confirm that the applicant is a pensioner or has a disability; documents that would confirm the financial insolvency of the applicant; other documents.

Where to file a claim

When the claim has been drawn up and all the necessary documents have been prepared, the case can be submitted to the court through the office in person or through a representative who has the appropriate power of attorney. You can also send a claim and a package of documents by registered mail.

What can be the amount of child support for the maintenance of parents?

If the plaintiff's demands are satisfied by a court decision, the defendant must pay child support to the parents. Thus, alimony payments must be in hard cash or as a percentage of the defendant’s income. Often, the court sets a certain amount of payments, since the percentage can change at any moment as soon as a person changes his place of work.

The amount of alimony for parents of pensioners is fixed if:

• the defendant does not have a permanent source of income;
• the defendant receives earnings in foreign currency;
• the defendant does not have an official job;
• if the amount of payments in the form of interest from the defendant’s income is not sufficient.

In determining the amount, the court may take into account the following:

1. The right of parents to receive financial assistance. The applicant must either reach retirement age or have the status of a disabled citizen. Children must support their disabled parents; child support is not paid without reason.
2. In addition, the court takes into account the fact of fulfilling parental responsibilities in relation to the defendant, how actively he took part in upbringing.
3. Plaintiff's income level. Taken into account: pension and any other additional income. The amounts of money, by the way, that the plaintiff receives from renting out housing are also considered income.
4. The financial condition of the defendant.

All necessary documents related to the case must be attached to the statement of claim and described accordingly.

Attention! If we turn to judicial practice, then in such cases the court often takes the side of the plaintiff, especially if he really has every reason for alimony payments. Most often, a fixed amount is assigned, which is based not only on the needs of the elderly parent, but also on the financial ability of his child.

Methods of paying alimony

If we talk about methods of paying alimony, payments can:

• Be withheld from the defendant’s salary, and the amount cannot be more than 50% of the salary.
• Transferred to the plaintiff’s bank account, for which he must open an appropriate account in any bank.
• Transfer in cash from hand to hand or send by mail. This method is most suitable for private entrepreneurs who pay alimony from additional earnings. When transferring (sending) money in this way, it is imperative to take receipts or a receipt from the plaintiff in order, if necessary, to prove that the payment took place.

Read also: Maternity capital for the first child from 2020: amount, where to apply, documents

Important! If for some reason the defendant does not want to pay alimony, even if there is an appropriate court decision, he hides his real earnings, for this he faces criminal liability.

Source: https://razvodideti.ru/alimenty/alimenty-roditelyam-ot-detej-razmer-vyplaty

Child support for parents

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

In our country, parents usually provide all kinds of help to their children, but children do not so often help their parents. This is a fairly global problem in the Russian Federation, however, in accordance with Article 87 of the RF IC, adult children are obliged to support and care for their disabled parents who need help.

Based on this article, parental support must be paid unconditionally, but subject to certain conditions.

In what cases do children pay child support to their parents?

As we wrote earlier, the collection of alimony for the maintenance of parents is enshrined in the Family Code of the Russian Federation, namely in Article 87. To implement the payment of alimony to parents, the following conditions must be met:

1. Parents are unable to work: becoming disabled or reaching retirement age;
2. Insufficient income to meet everyday needs;
3. Children have reached adulthood, are able to work, and have not reached retirement age;
4. The children's income is at a sufficient level to provide assistance to their parents.

Examples of cases in which parents cannot receive child support from their children:

• Unemployed middle-aged parents who have not reached retirement age;
• Parents receive a pension above the subsistence level;
• The parents receive a pension below the subsistence level, and their son has a good income, but supports a non-working wife and child;
• Children who have already reached retirement age are not required to pay child support to their disabled parents.

Alimony to parents from children: judicial practice

Judicial practice on the collection of alimony for the maintenance of parents is quite extensive, however, it is worth noting that the court takes into account many factors when considering cases of collection of alimony for the maintenance of disabled parents. Here everything is taken into account, the income of the plaintiff and the defendant, the burdens of the defendant (for example, the maintenance of a minor child and a disabled wife).

When filing a claim for the recovery of alimony for the maintenance of a parent, certain conditions must also be met regarding the working capacity of the child against whom the claim is made:

• The parents have a document confirming the relationship (birth certificate);
• The child’s age is over 18 years old and below retirement age;
• The child is able to work and does not have a disability;

In addition, when you file a claim for alimony for a parent, the court needs documentary evidence that you need financial assistance. Such evidence in court can be: utility bills, receipts from pharmacies for necessary medications, etc.

An important note for children - Article 87 of the RF IC states that the lack of stable income for children is not a basis for refusing to collect alimony from their parents.

When considering cases of collection of alimony for the maintenance of parents, the court is guided by the following circumstances:

• The amount of income of children and their financial situation cannot be reasons for refusing to assign alimony payments;
• The obligation to pay child support is distributed to all able-bodied children who have reached the age of majority. If one child is already helping his parents, he may qualify for a proportionate reduction in the amount of child support payments;
• If additional assistance is needed, the judge may order the children to bear additional costs;
• In his decision, the judge is also guided by the testimony of the defendant. If the parents did not fulfill their parental responsibilities at one time, then the judge has the right to release the defendant from the obligation to support his parents.

The procedure for collecting alimony for the maintenance of parents

There are two options for collecting child support from parents:

• Voluntarily;
• Forcibly.

Voluntary agreement to pay child support to parents

In the case of a voluntary agreement on the payment of alimony, the child purchases all necessary things, medicines and food products monthly, or pays a certain amount monthly. A voluntary agreement can be either oral or written.

An agreement to pay alimony has a number of advantages:

• Avoiding lengthy and unpleasant litigation;
• Independent determination of the amount of child support to parents;
• Does not require significant expenses for drafting and notarization by a notary;
• Has the legal force of a writ of execution.

Forced collection of alimony

In case of regular violations in payments, you can draw up a written agreement certified by a notary.

This agreement can be used as an executive document in the event of filing a claim in court.

Sample agreement on payment of child support for parents

Statement of claim to the court for the recovery of alimony for parents

In order to collect alimony from parents through the court, it is necessary to draw up a statement of claim and submit it to the magistrate at the place of registration or send it by registered mail.

Sample statement of claim for collection of alimony for parents

Application for the recovery of alimony for the maintenance of parents

• It is important to note that the statement of claim is not subject to state duty.
• The application must be drawn up in three copies, two sent to the court, and one kept for yourself.
• The statement of claim states:

• Name of the court – you must indicate the territorial branch;
• Information about the plaintiff and defendant - full name, registration address, actual place of residence;
• Requirements - a certain amount is indicated based on disability, disability and retirement age.

List of documents for filing a claim:

• A copy of the application;
• Child's birth certificate;
• A copy of the work record;
• Certificate of a pensioner or disabled person;
• Medical certificates.

If the claim is satisfied, alimony is paid in a fixed amount.

When paying alimony in a fixed amount, the amount will be assigned, depending on the needs of the parent, a multiple of the cost of living in the region.

Time limit for consideration of the claim

The judge, within 5 days, must make a decision on whether to accept or refuse to initiate the case.

Reasons why a refusal may be received:

• Errors in design;
• There is no signature;
• The application was submitted to the wrong authority;
• The dispute has already been considered and resolved;
• There is no documentary evidence.

Amount of child support for parents

The amount of alimony for parents is determined based on the child’s marital status (the presence of disabled family members), the financial support of the parties, and the need for expenses.

The amount of alimony for the maintenance of parents can be static or variable.

Methods of paying alimony

There are several ways a child can use when paying child support in favor of their parents. These methods are:

• Cash – to record the fact of transfer of money, you must write a receipt each time;
• Postal transfer – keep the receipts;
• Bank transfer - in this case, evidence may include a payment receipt or account transaction history;
• Deduction from wages;

Questions and answers on the topic “Alimony for parental support”

1. In what cases do children pay child support to their parents?
2. Children pay child support to their parents if they do not reach a voluntary agreement.
3. Should children pay child support to their parents?

It is alimony that is not, but it is necessary to support disabled parents. All this is indicated in Article 87 of the Family Code of the Russian Federation.

• Does a parent have the right to file child support?
• Yes, a disabled parent has every right to file a claim in court to collect child support.
• How to apply for child support for parents?
• There are several ways, namely a voluntary agreement or a written agreement certified by a notary.
• How can parents apply for child support?
• In order for parents to file for child support, they must file a claim with the magistrate’s court at their place of residence.
• Can parents file child support?
• Parents can file for child support.
• How much child support should parents voluntarily pay?
• This is a controversial issue and each case is individual.

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

Source: https://alimenty-pro.ru/alimentyi-na-roditeley/

Child support for elderly parents

Home / Alimony / Child support for elderly parents

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Question : Should children pay child support to their parents?

Answer : Yes, we must! Article 87 of the Family Code states: “Able-bodied adult children are obliged to support and care for their disabled parents in need of help.”

According to Russian traditions, parents provide all possible assistance to their children, even if they have long “flyed out of the parental nest”, started their own families and are able to provide for themselves. It’s not very often that you come across the opposite situation – children providing financial assistance to their elderly parents.

Meanwhile, the right of elderly parents to alimony is enshrined at the legislative level. It’s just that many old people do not know that when they become disabled or retired and have no means of subsistence, they can sue for alimony. After all, children often “forget” about their duty to financially support their parents.

In what cases do children pay child support to their parents?

The right of parents to collect alimony from children is enshrined in Article 87 of the RF IC. Its implementation is possible subject to the following conditions:

1. Parents are disabled - they have reached retirement age or have become disabled;
2. Parents' income is not enough to meet their needs;
3. Children are able to work - they have reached adulthood, but have not reached retirement age (as of 2020, the mark reached 55.5 years for women, 60.5 years for men );
4. The children's income is enough to help their parents.

For example:

An unemployed middle-aged man who finds himself in a difficult financial situation due to alcohol abuse can hardly count on help from his children.

A pensioner who receives a pension above the subsistence level, too (unless, of course, she proves that the pension is not enough to pay for expensive medicines).

But even if old parents receive a pension less than the subsistence level, and their only son has a good income, it is considered that his income is not enough to pay alimony if he must support his own unemployed wife and children. An 80-year-old man with a 56-year-old daughter will not receive anything either.

Arbitrage practice

Example:

Citizen Levkovsky O.P. filed a lawsuit to collect alimony for his maintenance from his son, Levkovsky S.O. The court refused to satisfy the plaintiff's claims, citing the lack of grounds for recognizing Levkovsky O.P. those in need of financial assistance.

To determine the income of Levkovsky O.P. the court requested from the authorized bodies data on the amount of the old-age pension and monthly cash payment for disability. The court took into account the presence of O.P. Levkovsky. benefits for utility bills, as well as the availability of funds in a pension bank account and savings bank deposits.

Read also: Seizure of child benefits: by bailiffs, how to return them from a Sberbank card

When determining the financial and marital status of the defendant, Levkovsky S.O. it was found out that his only source of income is wages at his place of work, which goes to support his family with his wife and two young children, renting housing, and fulfilling loan obligations.

Exemption from parental support

The law establishes two grounds for exempting children from paying child support for parental support:

• there is evidence of parents’ evasion of parental responsibilities (this can be confirmed by certificates of arrears in child support payments, writs of execution, and bailiff’s orders);
• parents are deprived of parental rights.

Child support for elderly parents - voluntary or forced?

The responsibility of children to care for their elderly parents and support disabled parents is established by family law. This responsibility can be exercised in two ways:

• Voluntary – child support for old or disabled parents is paid based on a written agreement;
• Compulsory - collection of parental support from children is carried out through the court.

Agreement on payment of alimony to parents (sample)

A child support agreement concluded voluntarily between children and parents has numerous advantages:

• allows you to avoid lengthy and unpleasant litigation;
• provides the opportunity to independently determine the amount of child support for parents;
• does not require significant expenses for the preparation and notarization of the document;
• has the legal force of a writ of execution and allows you to apply for enforcement if the terms of the agreement are not met.

go to court for forced collection of alimony only if they fail to reach an agreement and conclude a voluntary agreement with their children.

How to collect and arrange child support from children in favor of parents?

A statement of claim for the collection of alimony is submitted to the magistrate, both at the place of registration of the parents and at the place of registration of the children. It can be filed with the court clerk in person, or it can be sent by mail.

Statement of claim for alimony (sample)

The statement of claim must indicate:

1. The name of the court in which the claim is filed;
2. Information about the plaintiff and defendant (full name, date of birth, address of registration and actual residence, place of work);
3. Circumstances forcing the plaintiff to go to court (incapacity for work, disability, retirement age, need for financial assistance);
4. Request for collection of alimony indicating the amount;
5. Link to evidence confirming the legitimacy of the plaintiff’s claims:

• documents confirming the status of a pensioner or disabled person - pension certificate, disabled person certificate;
• documents confirming income and expenses - the amount of pension and disability benefits, the presence of a savings account, utility bills, doctor's prescriptions, receipts for the purchase of medicines, an agreement for the provision of services as a nurse, massage therapist;
• other documents - passport and birth certificate of children, medical certificates, work book;

1. List of attached documents.

The statement of claim must be drawn up in three copies - one remains with the plaintiff, the second is considered by the court, and the third is sent to the defendant. Copies of the documents specified in the claim must be attached to each copy. The documents must be signed by the plaintiff.

Required documents

The following documents must be attached to the statement of claim:

• a copy of the plaintiff's passport;
• documents confirming the relationship between parents and children - birth certificate, extract from the civil registration book;
• documents confirming the parent’s incapacity for work - pension certificate, certificates of the amount of pension, a copy of the work record book, a certificate of receipt of disability benefits.

State duty is not paid.

How does the court award alimony?

An application for the recovery of child support from parents is considered by the court within 1 month from the date of filing. The case is considered in the presence of both parties. A simplified procedure for considering a case is not possible.

In order to make a decision on collecting alimony for the maintenance of parents of pensioners or disabled people, the court examines the circumstances of the case :

1. Finds out whether parents have the right to receive assistance: have they reached retirement age or become incapacitated as disabled people? Did the parents fulfill their responsibilities towards their children, support and educate them, and were they deprived of parental rights?
2. Evaluates parents' needs and determines reasonable monthly maintenance costs. The court examines documents on the parents' income (pensions or benefits for a disabled person, additional income) and compares their level with the needs of the parents (for treatment and health improvement, food, clothing, household items, outside care).
3. Takes into account the financial and marital status of children. The court considers income certificates confirming official earnings, as well as information about unofficial sources of income. When determining the financial situation, the court takes into account all income.
4. Studies other family circumstances and analyzes the characteristics of family relationships.

Arbitrage practice

Example: Citizen Sakhnenko M.O. filed a claim for the recovery of alimony in the amount of her adult children - son Sakhnenko V.I. and daughter Dubravina L.I. – in the amount of 4,500 rubles per person. The court partially satisfied the plaintiff's demands , referring to the provisions of Articles 87 and 88 of the RF IC. By decision of the court, 2,000 rubles were collected monthly from each of the adult children - V.I. Sakhnenko and L.I. Dubravina.

When determining the amount and procedure for collecting alimony from adult children, the court took into account the financial and marital status of the plaintiff. Sakhnenko I.O. receives a survivor's pension, a disability pension, as well as government support in the form of monthly payments to pay for utilities and purchase medicines. The court took into account the plaintiff’s need to regularly purchase and take expensive medications.

The court also found that for both adult children, the only source of income is wages, while Sakhnenko’s son V.I. pays child support, and Dubravin’s daughter L.

I. is a single mother. The court also took into account the fact that adult children pay alimony to their father, Sakhnenko I.D. on the basis of a concluded voluntary agreement in the amount of 1,500 rubles per person.

Amount of alimony for parents of pensioners or disabled people

The procedure for paying alimony for disabled parents and retired parents is somewhat different from the procedure for calculating alimony for minor children.

As a rule, it is not a share of income that is assigned, but a fixed sum of money.

The amount of alimony is a multiple of the subsistence minimum - it can be either 0.1 or 2 or more subsistence minimums, depending on the circumstances:

• Parents' needs (ensuring a living wage and covering additional costs for medicines, treatment, food, medical care, etc.).
• Children's capabilities (taking into account family and financial status);
• Acceptability of other manifestations of care for parents, except for the provision of financial assistance.

For example , an elderly mother’s pension is not enough to pay a nurse. And the need for constant outside care is confirmed by a medical prescription.

The cost of a nurse's services is determined by an agreement concluded with a domestic staff recruitment agency. To cover these expenses, the court may recover the missing amount from the son and daughter of the pensioner.

But if the elderly woman’s children agree to provide the necessary care themselves and take turns caring for their mother, the court will not seek monetary compensation.

By the way, if there are several children (two or more), and all of them can support their disabled parents, child support will be divided between them, even if the parents themselves did not indicate the remaining children in the statement of claim.

The fixed amount of alimony for retired or disabled parents is subject to indexation if the cost of living has changed. This is done by the employer's accounting department or the bailiff. Recalculation of the amount of alimony is possible if there are changes in the financial or marital status of parents and children - for this you need to go to court.

Conclusion

The calculation of child support for elderly parents differs from the same procedure for children. The situation can be complicated by family contradictions - it is not right if parents are forced to file a lawsuit against their children.

Sometimes situations reach the point of absurdity. In order not to bring the dispute to the boiling point, it is best to enter into an agreement on the payment of alimony.

It is possible that in the process difficulties may arise with determining the fixed amount of alimony.

Do you need prompt advice on family law, but all the lawyers are busy? Ask a question to the lawyers of our portal and you will receive an instant answer. The advantage of contacting a lawyer is that you transfer the case to a professional.

The lawyer will carefully study the financial situation of the parties, develop a sample agreement, help calculate the amount of alimony and give timely advice.

If the case goes to court, the lawyer will assist in drawing up a statement of claim, petition, objection to the claim and other documents. Legal assistance is the best way out of a difficult situation!

Watch a video about calculating child support for elderly parents:

Source: http://law-divorce.ru/alimenty-roditelyam-ot-detej/

Child support for elderly parents

The Family Code of the Russian Federation mandatory establishes alimony obligations. Money provides the necessary standard of living, physical and intellectual development, education, and upbringing for a minor child or children. If one of the family members needs financial support, in this case the parents, then by law child support will be provided to the parents.

Everyone knows that during a divorce, the father or mother pays alimony for minor children, but there are cases when one of the parents or both are disabled. Then, by law, they have the right to apply for alimony and the son or daughter will pay it in the manner prescribed by law.

Do parents have the right to file a petition to collect child support?

Such cases are known. Some children grow up, move away, and forget about their parents. They may be sick and need financial assistance. Then, according to the law, alimony can be obtained through the court and adult children will support their parents. In the Family Code of Russia this is regulated by Art. 87, further in the text there will be abbreviations - RF IC.

Do parents need to go to court?

Not all parents take this issue to court. Some children are agreed to pay a certain amount or different amounts each month. It is correct to draw up the agreement in writing, go to an appointment with a notary and certify its authenticity.

Do they prescribe until what date each month should a parent receive child support and for what period is it paid? The approximate amounts that a parent can receive are also discussed, other important issues are considered, and the responsibilities between the child and the parent are outlined.

When does the state force children to pay child support to their parents? When they flatly refuse to do this voluntarily, they do not draw up a bilateral agreement and do not have it certified by a notary. Then a court hearing will be held at which this issue will be resolved.

Judicial practice shows that the claims of disabled parents are satisfied.

A statement of claim and the following documentation is required:

• From the plaintiff - a photocopy of his passport.
• Confirmation that parents and children are related. They provide an extract, which is taken from the book where civil status acts are recorded. Attached is a certificate from the child that he was born from this parent.
• Confirming that the parent is not able to work. Required: pensioner ID; a certificate indicating the amount of pension accrued by the state; you need to copy the work book; obtain a certificate that the parent lives on benefits due to disability.
• Which will confirm what income the elderly person has and how he spends the money. It indicates the amount of the pension, the money given to him as a disabled person, is there an account in which he contains savings? It is required to attach invoices certifying that the elderly person pays utility bills. Prescriptions written by the doctor and receipts for purchased medications are also included here. If a nurse is hired, then a contract concluded with her is required. The same applies to other specialists on whose services an elderly person spends money, for example, a massage therapist, a chiropractor and others.

Important! Not everyone knows, but state duty is not paid when there is a dispute over the calculation of alimony to support one or 2 parents.

Read also: Single mother's benefit in 2020-2021

Let's consider different conditions under which the court will side with the parents:

1. One or both parents are considered disabled because they retired due to age, or one or both of them are disabled.
2. Parental incomes are clearly below their needs and there is clearly not enough for basic needs: payment of utilities, treatment and others.
3. The child is an adult, but not yet a pensioner. This means for the daughter that she is from 18 to 55 years old, for the son that he is from 18 to 60 years old.
4. Children earn so much that they will be able to financially help 1 or both parents.

What will be the amount of alimony?

Requirements or disagreements must be justified, only then will the court take them into account.

Parents have their own spending needs, but their child or children have their own life circumstances, such as families and the costs associated with providing for them. When the defendants have children who have not reached the age of majority, for example, loans have been taken out for something, an apartment has a mortgage.

Will the court take into account the person’s wages, is he sick, undergoing treatment, or conditionally healthy? Other conditions are also taken into account and the amount of alimony payments depends on this.

There are different life circumstances, for example, the father became a drunkard and left the family; does he have the right to demand alimony payments from his son or daughter in the future?

The law provides that such a parent can also demand funds from the child for his maintenance.

There is a possibility that the court will take into account that the parent, when the child was a minor, evaded fulfilling his parental responsibilities. The court may exempt a son or daughter from mandatory payment of child support even to a disabled parent.

It happens that spouses get divorced and the ex-husband does not help the woman with the child at all. In this case, it is important for the court that there is evidence of this parent’s evasion from the direct performance of his duties in relation to the child or children.

For example, the child must provide evidence that the parent had arrears in child support. Attach writs of execution, with orders from the court bailiff.

Experts do not recommend feeling sorry for such unfortunate fathers. When raising his child, he showed dishonesty by not helping him financially.

When his son or daughter has become an adult, has a family, a child or children, it is better for them to think about excellent provision for their children. For example, enroll them in an intellectually developing or sports section.

Everything possible must be done to prevent the unscrupulous father and now grandfather from claiming alimony payments.

Which parents will be denied child support?

If a parent or both have been deprived of parental rights, they do not have the right to file a lawsuit and demand that the child or children pay them child support due to disability. Not all parents know about this, but someone will tell them that their application for child support in court cannot be satisfied.

Do parents who permanently reside in a nursing home have the right to receive child support?

If a child does not pay for his father or mother in a nursing home, he may demand child support.

It is common practice for a pensioner to give 75% of his pension to a nursing home and receive the remaining 25% in his own hands. Since the parent is considered disabled, and 25% is a small amount, it will most likely not be enough for personal needs, which is why the parent files for alimony, which is collected from the child.

If a parent or both are injured or have a disability, and the child or children refuse to care for them, pay for treatment, or pay for a nurse, then, provided that the children are adults, the court obliges them to pay alimony to the disabled parents.

The amounts must be received in the right quantities to cover the costs of treatment. The impact on adult children is provided for in Part 1 of Art. 88 RF IC.

Such a refusal on the part of the child is considered an administrative violation. If this is 1 time, it is regulated according to the Code of the Russian Federation, Part 2 (Article 5.35.1). This is considered an administrative offense.

If the child is an adult and able-bodied, he does not have any vital reasons not to pay the alimony that the court ordered, he will be punished.

According to the law, if a child is 2 months old. and no longer pays benefits to disabled parents, punishment follows. This could be 150 hours of community service or 10-15 days of arrest. If a person cannot work or is arrested, he will be charged a fine of 20 thousand rubles.

If a child does not pay child support on a regular basis, he may be subject to criminal prosecution.
In the Criminal Code of the Russian Federation - this is Part 2 of Art. 157. Corrective work may be assigned.
They give 1 g. Compulsory work, similarly, is calculated for 1 g.

Alimony defaulters can be arrested for up to 3 months. or plant for up to 1 year.

Using the Altai Territory as an example, let’s look at how often parents file for child support?

In the Russian Federation, disputes regarding the assignment of alimony to children from parents are unpopular.
Few court hearings on these issues take place in the Altai Territory. Stereotypes come into play.

It is accepted in society that parents take care of their children, but children behave differently towards their elderly parents. Some people give up and don’t provide help.

In society, it is believed that if a child or children do not help a parent, both in a difficult life situation, then they do not have the opportunity to do so.

If we consider the situation, it turns out that the child or children are wrong not according to moral principles, not according to the law. Therefore, some disabled parents cannot stand the injustice and file lawsuits in the courts.

What is required by law?

No matter what income the child or children have, they are subject to moral and material responsibilities to support their elderly parents. Children are obliged to allocate at least the necessary minimum to support their parents so that they can cover their physical needs, be examined and treated on time.

To do this, children must have a job and some kind of permanent income, but if this is not the case, and the person is not disabled, but able-bodied, then he is obliged to find a job with sufficient wages to be able to help his elderly disabled parents.

It doesn’t matter whether a child or children have a family and a job or not, if they are able-bodied citizens of Russia, they should help their old parents, support them, just as they once worked and raised them. A sufficient amount must be allocated for the maintenance of parents. Let it be minimal, but it should be enough to cover the needs of the elderly.

Before assigning a specific amount of child support, the court takes into account all the life circumstances of the children.

It is believed that if adults are able-bodied, then they have an advantage over their elderly parents; they can find a good job and earn enough to provide for themselves, their families, and their disabled parents. Therefore, the court will most likely satisfy the claim for the recovery of alimony for 1 or 2 disabled parents.

Source: https://globuslife.ru/semeynoe-pravo/alimenty/alimenty-roditelyam-ot-detej.html

Amount of child support for parents

To support disabled, retired or disabled parents who lack the means of subsistence, alimony may be awarded . Children voluntarily agree on their amount with their parents, or the amount is determined by the court.

The best way to determine the amount of alimony is to indicate it in the agreement . Otherwise, disabled parents have the right to file a claim with a magistrate to recover maintenance from their children.

The amount of alimony is clearly specified in the document (agreement or writ of execution), as well as the frequency and form of payments.

• The income of all parties influences the determination of the amount of alimony payments.
• A low level of earnings will not exempt children from financial support from their father and mother , although the court will take this into account and may award a very small amount of alimony.
• When setting the amount of monthly payments, judges try to balance the interests of all participants in the proceedings.

According to Art. 88 of the Family Code (FC) of the Russian Federation, in addition to mandatory alimony and in the presence of special circumstances, the court may force adult children to participate in bearing additional expenses in relation to their parents.

Payment amount and method of payment

The best way to regulate the amount of financial support for disabled parents by children is to sign a bilateral agreement on child support. Otherwise, if there are sufficient grounds, the amount of monthly payments is forcibly established by the court.

The law does not stipulate the framework within which the amount of alimony for the father or mother should fit, however, total deductions to dependents cannot exceed 70% of the official salary of the payer (Article 99 of Federal Law No. 229-FZ of October 2, 2007

).

The amount, method and frequency of alimony payments to parents by agreement are accepted in such a way that suits both parties, and are fixed on paper (Article 103 of the RF IC). In form, this can be a percentage of the payer’s income, a flat sum one-time or periodically, or other options in accordance with Art.

104 RF IC.

By going to court, you can achieve the establishment of the amount of alimony only in fixed monetary terms (Article 87 of the RF IC) with payment in equal installments at least once a month .

The content is assigned in relation to the subsistence minimum (subsistence minimum) in the recipient’s region of residence through a coefficient.

The amount of alimony is determined by the court taking into account the actual financial and family situation of disabled parents and all able-bodied children (health status and expenses for treatment, the presence of other dependents, official income) and can be divided between children.

Changing the amount of alimony

The amount of alimony may change as a result of indexation as the monthly income increases, revision of the agreement indicating a new amount, or an order of a judicial authority after filing a claim by the interested party.

Indexation based on agreement is carried out if it is reflected in the document . Otherwise, the provision of Art. 117 of the RF IC on recalculation in relation to the increase in the cost of living in the region of residence (for this you will have to go to court). If alimony was initially assigned by a judicial authority, the bailiff recalculates it upon application .

In the case of alimony payments by agreement, the amount can only be changed by agreement of the parties with the signing of a new document and its certification by a notary. If dependent parents or child payers refuse to change the conditions, the party wishing for changes has the right to file a lawsuit with a request to adjust the amount (Article 101 of the RF IC).

The judicial authority may change the previously assigned amount of alimony towards a decrease/increase ; for this, the interested person or his representative files a claim. Good reasons are considered to be the deterioration or improvement of the financial situation of any party, including in the case of illness or disability, restoration of the legal capacity of the recipient parent (Articles 119, 120 of the RF IC).

Conclusion

• The most convenient and most flexible way to regulate child support relations between children and parents is to enter into a voluntary agreement on the amount and procedure for payments for the maintenance of the latter.
• The amount of monthly child support obligations is indicated in hard monetary terms, linked to the minimum wage, and can be imposed by the court on all or several able-bodied children.
• The minimum and maximum amounts of contributions for the maintenance of parents are not established by law ; when determining them, the needs and capabilities of all parties are taken into account. Alimony cannot be more than 70% of salary after taxes.
• Adjustment of the amount of alimony occurs by agreement through revision of the agreement or by court decision.
• Any party can file a claim to collect or change the amount of alimony .
• The law requires the court to impartially assess the living conditions, income, needs and health of all parties in order to ensure that assessments are as fair as possible.

Source: http://alimentoved.ru/alimenty-roditelyam/razmer/