Payment of child support after 18 years of age: if the child is studying

The issue of calculating and paying alimony to minor children is discussed in Chapter. 13 of the Family Code of the Russian Federation. The regulatory document also describes cases of mandatory financial support after reaching the age of 18. However, each case is considered individually.

Is a father obligated to pay child support after 18 years of age: new law 2020 in Russia

According to current legislation, a teenager must pay for himself after reaching adulthood. However, there is no provision for mandatory maintenance of a student of a higher educational institution.

In the State Duma, a bill on alimony was introduced for consideration. Changes have not yet been made. If a child does not have support, then he will have to sacrifice his education.

Payments must be made to children with disabilities. In this case, parents must support them even after 18 years. Additional charges are charged under the following conditions:

• the child is under 18 years old;
• was previously assigned a disability;
• the need for financial assistance has been proven in court;
• parents shirk their own responsibilities.

Up to what age do they pay if the child is in a technical school?

A teenager begins studying at a technical school or college after the 9th grade. In this case, the educational institution will be completed before reaching the age of 18.

In person

Payments are accrued to a minor child if he is a full-time student. Paragraph 38 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 56 indicated that all able-bodied young people who have already reached the age of majority are not entitled to alimony.

Courts still often unlawfully collect payments from persons under 23 years of age if they are full-time students. But this approach has no legal basis, since this payment is regulated by family law, and not by the Federal Law “On Labor Pensions in the Russian Federation,” which recognizes not only disabled people as incapable of work, but also full-time students.

The court makes a decision depending on the evidence presented and the circumstances established in court.

In absentia

The form of study at a technical school does not matter. In this case, attention is drawn to the presence or absence of work. However, if the teenager is still a minor, then the parents must transfer funds for his existence every month.

Payment to full-time students at universities: how to pay until age 24

According to current legislation, parents are required to financially support a child under 18 years of age. When studying at universities, funds are transferred in the following cases:

• the son or daughter is disabled group 1-2. In this case, their need for maintenance will have to be proven in court.
• voluntary transfer of funds.

Law on payments to children studying at universities full-time

A bill on alimony payments is currently under consideration. Today, parents are asked to resolve this responsibility themselves. However, there are cases when the judge also makes a decision in favor of the applicant.

Additionally, he will need to provide evidence of need. In practice, only disabled children can apply for it. If they have a certain income, then in order to make a positive decision it must be less than the subsistence level.

Correspondence studies

When studying part-time, a student can fully support himself. That is why attempts to collect alimony after 18 years of age most often end in failure. An exception is made only for children who cannot support themselves. This group includes dependents.

The amount of alimony for a student at a correspondence school: is it due after 18 years?

After reaching the age of majority, parents can pay child support only on a voluntary basis. They are also paid as tuition fees.

How is the amount of payments per student for a child after 18 years regulated?

The amount of assistance to a teenager from parents after 18 years of age is most often paid on the basis of a preliminary agreement. There are two schemes:

• voluntary agreement. It is considered valid if it has been previously certified by a notary. It sets out the individual rights and obligations of the parties;
• forced maintenance payments are established by the court.

Minimum payout

The court sets the minimum amount of alimony in the following cases:

• the parent does not have an official source of income;
• income is irregular;
• The parents' salary is small and does not allow them to provide additional support for the student.

The amount is determined based on the cost of living. At the same time, the material capabilities of the father and mother are taken into account.

Maximum payout

The maximum amount of payments is established on the basis of Art. 81 IC RF. It is calculated depending on the income of one of the parents:

• 25% - 1 child;
• 33% - 2 children;
• 50% - content 3 or more.

Payment is made in equal parts every month.

The procedure for calculating and paying alimony

Collection of alimony is carried out on the basis of a court order or writ of execution. As a rule, funds are withdrawn from a person’s salary by the company’s accountant. The employee is required to provide details in advance. Bailiffs can collect funds even without the participation of a parent. However, these actions are carried out by court decision.

Parents are also allowed to enter into a voluntary agreement with a notary. To do this, the employee must provide the following list:

• certificate confirming the birth of the child;
• certificate of marriage or divorce;
• legal action on the feasibility of collecting funds;
• document confirming residence in a specific place.

Parents can help during a teenager’s studies at a university after reaching adulthood on a voluntary basis. The court orders transfers only in cases of incapacity or disability. When studying in technical schools and colleges, children are not yet 18 years old, so they must be supported by their parents.

Source: https://propravo.guru/alimenty/alimenty-posle-18-let-esli-rebenok-uchitsya.html

Child support after 18 years of age if the child is studying - judicial practice

Is it necessary to pay child support after 18 years of age if the child is studying? The rule established by law does not raise any questions until the child reaches 18 years of age. If you break a rule, punishment will follow. At an older age, the payment of such funds may also become mandatory, but only if certain conditions are met.

Keep in mind that parents must control the life of their child, which is prescribed by both moral principles and state laws. If a child is studying full-time and is disabled or incompetent, then even after 18 years of age alimony must be paid to him in order to ensure a normal life for him.

Note! The issue of paying child support after 18 years of age, provided that the child is healthy and can provide for himself, is more of a moral issue.

Each person decides independently whether to continue paying funds to their child or stop when they reach eighteen years of age.

An exception is situations where an adult has legal grounds to go to court to protect his right to receive such funds.

Features of voluntary payment of alimony after 18 years of age if the child is studying

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

There are features of voluntary payment of alimony after 18 years of age if the child is a full-time or part-time student. If parents want to support their student or schoolchild, they have every right to do so.

There is no need to go to court for this. It is enough to independently establish the calculation procedure and payment terms. You will need to draw up an alimony agreement.

It must be drawn up in writing and certified by a notary after all issues have been resolved.

Who can claim payments?

Who can claim payments? This is a fairly pressing question, because in most cases, in practice, a student does not have the opportunity to both study and provide himself with a full life.

While studying full-time, a child may need additional financial support from his father or mother. Why is this happening? The explanation is simple. It lies in the fact that the child is still learning.

The educational process at school and higher education institution has no fundamental differences. The child spends all his time studying, so there is simply no opportunity to search for work.

The law provides for the payment of alimony to adults who are officially not working and are disabled (either group 1 or 2).

Also, alimony is due to the parent (he must be recognized as low-income, or disabled, or officially not working) who cares for a disabled person.

All other adults will not be able to continue receiving payments unless otherwise ordered by the court.

Please keep in mind that a disabled student after 18 years of age has the right to apply for child support if he has the opportunity to officially confirm the following facts:

1. Reaching the age of majority (a passport or even a driver's license is sufficient).
2. The presence of disability of 1 or 2 groups, incapacity for work. To confirm, you will need to undergo a medical commission and its conclusion.
3. Lack of possibility of self-service, that is, without the help of parents or third parties.
4. Lack of official employment. In judicial practice, there have been cases when people with 1 or 2 group disabilities work and earn good money. From the legislative point of view, such persons do not have the right to demand maintenance from their parents (especially if they do not have the opportunity to make regular payments), unless the support is provided voluntarily.

Remember! If the child is not disabled or incapacitated, then according to the law he is not entitled to alimony. Their payment can be continued solely by the good will of mom and dad, and the court does not force alimony.

Anyone caring for a disabled child can also receive alimony from the other parent. However, this is possible provided that this person:

1. Actively cares for a disabled child (group 1) and does nothing else.
2. Is needy or low-income without formal employment or with an income less than the subsistence level.
3. Has a disability that is officially recognized and confirmed by the MSEC conclusion.

Both legally married and divorced parents are required by law to provide for their own child. When setting the amount of payments, the court takes into account many factors, including the person’s financial situation, the reasons that led to his refusal of his obligations, and the amount of money a particular disabled child needs for a normal existence.

If an adult child who is studying and has a disability does not apply for child support, believing that the available funds are sufficient for him, this is his right. If at some point a situation arises when there is not enough money to live, such a person always has the right to apply for alimony. Often the court satisfies the claim, accommodating the applicant.

Moreover, payments are assigned until one of the following conditions is met:

1. The payer or recipient of alimony has died.
2. The adult became able to work, his disability group was removed, he found a job with enough salary for a normal existence.

Keep in mind that child support for an adult will not be automatically assigned. To obtain them, you need to file a claim in court. This can only be done if the second parent is actively avoiding payments, and also does not care for the child or participate in his upbringing

In practice, there are often cases when both parents do not want to care for a disabled child. In this case, a lawsuit may be filed by an employee of the guardianship and trusteeship authorities

What documents are needed to apply for child support after 18 years of age?

What documents are needed to apply for child support after 18 years of age? The question worries those who are planning to apply for alimony. To qualify for them after 18 years of age, you need to make sure that you have the following documents:

1. Applicant's passport to prove identity.
2. Child's passport (if he is not the applicant).
3. Certificate of family composition.
4. Certificate of registration or divorce of parents.
5. Documentation of disability or incapacity for work. This may be a certificate from MSEC or a court order.

The documents must be submitted either to a notary or to the court (either, but you will need to draw up a statement of claim, a sample of which you can download from our portal). The notary is engaged in the preparation and subsequent certification of the alimony agreement. The court will issue a decision after all the facts have been considered.

Read also: Amount of alimony for 3 children: amounts, in shares, from different marriages

When can you not claim payments?

When can you not claim payments? The answer to this question is described in detail in the Family Code (RF IC).

In most cases, if the child develops and grows normally, the parents are relieved of the obligation to make monthly cash payments after the age of 18 (extension of payments is possible upon request).

However, it will be necessary to prove that the child has turned 18 years old and no longer needs financial support on an ongoing basis.

Parents are not required to pay child support if the adult child:

1. He is disabled, but he is able to ensure a normal existence for himself. This is verified in court. If the child does not need it, the parents are exempt from payments. To make a decision, the judge analyzes the child’s financial situation, his ability to care for himself, the guarantee of employment or receipt of disability benefits, etc.
2. Temporarily lost the ability to work, for example, was injured or sick, but did not lose the ability to earn money throughout life. Even if a person has a 3rd group disability, the father and mother are not obliged to support him after 18 years of age, since the child can both study and work.
3. Needs, but is neither disabled nor incapacitated. It is believed that each person must take care of himself. If the reason for malnutrition and the lack of basic necessities is a reluctance to work, then the parents should no longer support the child.

The claim will be denied if the reason for filing for alimony is one of the situations described above.

Subtleties of collecting alimony debt after 18 years of age if the child is studying

You need to know the subtleties of collecting alimony debt after 18 years, if the child is studying. If there is a debt, it is advisable to pay it off immediately to prevent the possibility of problems arising in the future.

The collection procedure is extremely simple. Enforcement proceedings will be opened in the case.

Then, on the basis of a writ of execution (issued in court) or another document certified accordingly (for example, by a notary), collection is carried out by bailiffs.

The enforcement service will try to settle everything peacefully, offering the debtor to repay the debt. If this does not help, collections are made forcibly by identifying all income and confiscating part of it or confiscating property for the corresponding amount.

Note! If a person had arrears in child support, then it does not go away when the child reaches eighteen years of age. This debt can still be collected (primarily through withholding from official income).

To do this, you need to go to court with a corresponding application.

If a person systematically evades his duties, he may be assigned a penalty (its amount is determined by the judge depending on the specific case, but more often it is 1% of the total debt) and even criminal liability.

Remember that there is no statute of limitations for such debt. If payments were not made for valid reasons, the debtor has the right to appeal the decision, achieving a reduction in the debt or complete release from it.

The procedure for terminating payments in Russia: judicial practice

The procedure for terminating payments in Russia, based on judicial practice, is extremely simple. To do this, it is enough to apply to the court again with the appropriate application and the same documents to confirm that the person no longer needs constant financial support.

Remember that upon termination of education or upon reaching the age of 23, alimony payments may be terminated. In judicial practice, there have been cases when the payment of alimony continued, but for this it is important to have good reasons.

To stop payments, it is enough to write a statement to the court. It must describe the reason for stopping payments. In this case, the child should not mind. The latter can return alimony. There have also been such cases in judicial practice.

Adult children are not entitled to child support by law.

However, in cases where the child is a disabled person of group 1 or 2, he can collect alimony in court if the parents evade their direct duty. Most often, the court grants such claims.

In any case, if there are problematic issues, it is rational to contact a judicial organization, where the case will be carefully considered and then an appropriate decision will be made.

Remember that after 18 years of age, payments stop automatically. In cases where the child is a student and a disabled person of groups 1 and 2 or incapacitated, you can demand payments through the court if it is not possible to reach an agreement on your own by drawing up an alimony agreement.

Practicing lawyer in the field of consumer rights protection. Author and editor of articles on the Rukazakon portal.

Source: https://rukazakona.ru/semejnoe-pravo/alimenty-posle-18-let-esli-rebenok-uchitsya.html

Child support after 18 years of age with full-time education

The legislator associates the attainment of 18 years of age by a citizen of the Russian Federation with the acquisition of full legal capacity, and therefore the ability to take care of himself independently. Alimony is a method of financial assistance and is available only until adulthood. But the child’s attainment of 18 years of age is not an absolute basis for receiving alimony after the age of 18, even if the child is a full-time student. Subsequently, even if a citizen receives an education and needs money, the legislator allows for forced collection of payments from the second parent only in exceptional cases, which we will discuss below.  

Alimony after 18 years according to the law

The desire of a parent to take part in the life of his heir, to raise him, to provide a decent future, is also expressed in providing support in the form of alimony. The legislator stipulates that this is not a right, but an obligation of the parent, subject to the legal representatives of the children applying for payments to the court.

Article 80 of the RF IC indicates that material support is provided only to minor descendants. Who falls into this category? Persons who are under 18 years of age and have not been established with full legal capacity.

Despite such categoricalness of the legislator, you can still receive payments:

1. Over the past period of time (3 years), if the parent has arrears in child support or the mother has not applied for their appointment. These are, of course, not direct cash grants associated with turning 18 or studying. However, they will go to the child’s account after he has crossed the age of majority.
2. The citizen has already reached the age of 18, but is recognized as incapacitated and disabled.

Child support after 18 years of age if the child is studying

Graduating from school/college and entering the next stage of education is one of the achievements that parents encourage in their children.

Therefore, mothers who are raising a son or daughter alone try to get the father to pay for at least the education itself. Unfortunately, there are no legal methods of influence, only personal agreements.

The legislator believes that all these expenses are not vital, and it is quite possible to do without them.

The very fact of studying at any educational institution is not a reason for compulsorily assigning alimony to an adult student, even if he studies for a fee, full-time or needs money.

But if the situation is such that the child began education, for example, at the age of 16 or earlier, child support is paid as it was assigned. On the day he turns 18, payments stop.

Previously, a draft law was submitted to the State Duma of the Russian Federation, providing for the payment of alimony until the child turns 21 years old. On the sidelines of the highest authorities, the issue of extending the period of payments for children until the end of their full-time studies was also discussed. But today all this has remained gathering dust on the shelves, and the Family Code of the Russian Federation continues to operate in the “old” edition.

The second parent pays alimony for a son or daughter until they reach the age of majority and become independent. In this case, alimony is associated only with the identity of its recipient. External factors, such as getting an education, are not prioritized. Even if the child was expelled, for example, from college, child support will continue to accrue until the age of 18.

Conditions for receiving payments after 18 years of age

After reaching adulthood, you can apply for cash subsidies from the second parent if 2 conditions are simultaneously met:

• • the child is disabled and needs help;
  • he has a disability.

The legislator, within the framework of regulating family relations, interprets many provisions of regulatory legal acts through judicial practice.

In particular, with regard to the point of need, it corresponds to a life situation in which the material wealth of a citizen is not enough to satisfy basic needs . For example, he cannot purchase the necessary medicines, food, or pay for utilities.

At the same time, there is a second sign in conjunction - lack of opportunity to work. This is due to illness and inability to move, or other physical/mental limitations . But if a citizen can work, but does not do so due to workload, while needing money, the court may take this fact into account and refuse to award alimony.

The next criterion is establishing a disability group . It is appointed on the basis of the conclusion of the MSEC for a year (with subsequent extension) or for life. For alimony, it does not matter which group is present, 1, 2 or 3, and what kind of disease is in the anamnesis.

In order for an adult son or daughter to qualify for alimony, they must prove their actual need for these payments in the courtroom.

The child has group 3 disability, is a university student, and does not work. There is compliance with all legal requirements. But the court will take into account the fact that the disability group is working, the citizen moves independently, has no special health restrictions, lives with his mother, who works, and, therefore, does not have a strong need for money. And if there is, then he can go to work.

How to get child support for a student over 18 years old

2 ways:

1. By concluding a child support agreement certified by a notary (as a rule, it is signed between the parents).
2. Through the court, if there is a disability together with a sign of inability to work and need.

Alimony agreement

The legislator does not approve the form of the agreement; he only clarifies that a simple written agreement followed by certification of the document by a notary is sufficient.

What might be included in the text?

1. 1. Information about the persons who signed the document - full name, address, passport details.
   2. To whom is alimony awarded?
   3. Payment deadline.
   4. Transfer order, currency, amount, etc.
   5. Indexing.

The agreement may include a clause regarding the liability of the parties. This may be a penalty, a fine for late payment, or information about its validity period.

For a document to come into force, it must be certified by a notary. To do this you need to take:

• • passport;
  • 3 copies of the agreement (1 each for the parties and the notary);
  • document establishing relationship.

A notary offers services for drawing up a child support agreement if the parents do not have a legal background. But first they need to agree on its essential terms, namely, the procedure for making payments. A separate fee is paid for the development of the document.

After the notary signs the certification (in the presence of the parents and the child, if he is already 14 years old or older), the agreement comes into force. You can change its text or introduce new conditions, as well as cancel it only through a notary. This cannot be done unilaterally.

Claim for alimony

The claim must be sent only to the magistrate's court, which is located at the place of registration of the second party to the case or at the place of residence of the plaintiff. It can be submitted by:

• • father/mother, legal representative if the adult has limited legal capacity;
  • the child himself, if he is fully capable.

If alimony was paid by court decision before the age of 18, to assign it after the age of 18 it is necessary to apply to the court with a new claim. There will be no automatic extension, as new circumstances arise and a new trial is required.

What must be stated in the claim:

• • details of the parties (full name, address, telephone number), name of the court;
  • circumstances of the case: information about the child, why he is entitled to payments, etc.;
  • stated requirements.

Read also: Marriage of minors: entry and dissolution of marriage

Documents confirming the plaintiff’s case are attached to the claim.

After considering the case, the court makes a decision. The decision comes into force after the month provided for appealing it.

How much child support is paid for adults?

In the alimony agreement, you can set any frequency and amount of payments, including as a percentage of income. The court assigns alimony only in partial proportion to the regional subsistence minimum.

The final size depends on many factors:

• • presence of dependents;
  • basic needs of a citizen;
  • financial situation, etc.

Alimony can be ordered by the court based on a specific event, for example, when the disability certificate expires and MSEC does not issue a new one, or until a certain date.

The alimony agreement is valid for the time specified in the text. If the parties wish to extend this period, they must conclude a new agreement and have it certified by a notary.

Procedure for paying child support after 18 years of age

The alimony agreement must define the procedure for transferring money, the timing and currency of payment. It remains unchanged for the entire duration of the agreement, unless the parties have adjusted the text of the document.

As for the court decision, the amount of alimony must be transferred to the child’s account opened in a bank. Bailiffs deal with this issue after they receive a writ of execution from the court.

• There are 2 options for transferring money:
• The accounting department at the citizen’s place of service, after receiving a determination from the bailiffs, transfers the payment to the specified account.
• The parent independently transfers financial assistance.

All cases related to alimony payments go through the bailiffs. Therefore, if a parent has stopped paying, it is necessary to contact a FSSP specialist with a statement.

He will take measures within his competence related to the search for the citizen, his income and, if necessary, bring him to justice. For non-payment of alimony, administrative and criminal penalties are provided.

And for malicious evasion, a parent may be deprived of parental rights.

An adult or his representative also has the right to file a claim for a penalty if there is a delay.

Higher legal education. In 2001, she graduated from Far Eastern Federal University with a degree in Jurisprudence. Diploma DVS 0021766.

More than 20 years of legal experience. Specializes in the field of civil, business, tax, labor, housing law.

Source: https://zakon03.ru/alimenty-na-rebjonka-posle-18-let-pri-dnevnoj-forme-obucheniya/

Payment of child support after 18 years of age (if the child is studying)

Chapter 13 of the current Family Code of Russia, considering the issues of parents paying alimony for child support, establishes that such payments continue only until the children reach adulthood. This can happen based on age (18 years) or in a special manner; there were no changes in legislation in 2020.

The Civil Code presupposes the recognition of a citizen as legally competent without restrictions after marriage (subject to compliance with all conditions prescribed by law for marriages of minors) or undergoing the emancipation procedure (possible for persons over 16 years of age who, with the permission of their parents or persons replacing them, work or carry out entrepreneurial activities ).

A citizen recognized as an adult is obliged to take care of his own maintenance. Therefore, even if an adult child is a full-time student at a university, then after 18 years in Russia, according to the 2020 law, the payment of alimony is not provided for, although such a bill has already been submitted to the State Duma.

These are the legal norms, and they have not changed this year. But practice shows that age is not necessarily an indicator of the ability to independently provide for one’s existence. In this case, payments from parents to children after 18 years of age are appropriate. Some rules in this regard are already spelled out in the code, while regarding others, legislators have proposed changes to it.

Payments for students

With the introduction of 11 years of schooling, the situation has become quite common when a young man of 18 is still a school student. An even more common situation is when he is a full-time student at a college or university.

In such a situation, he is very limited in his ability to earn money for himself and continues to depend on the support of his parents. Under normal conditions, parents continue to support the student while studying.

However, until now there was no such provision in the legislation; alimony payments for a student after 18 years of age in Russia can be stopped, even if he is a schoolchild or a full-time student studying at a university.

Source: https://YurPortal.info/alimenty/alimenty-posle-18-let/

Alimony after 18 years

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Many single parents with a light heart send their children who have graduated from school to expensive university education after reaching the age of 18, relying on alimony assistance from their ex-spouse.

Alas, only a few parents take part in supporting the child after reaching adulthood and while studying in educational institutions of secondary and higher vocational education.

Decent assistance in the form of alimony while the child is studying remains hope for the best.

Are such hopes justified? Do parents pay child support after 18 years of age and is it possible to recover funds from a student?

Do I need to pay child support after 18 years of age?

When children reach the age of majority, parents are released from the obligation to pay the amount of funds for the maintenance of a minor child. Material support in the future is provided only with the consent of the former alimony payer.

Important! Maintenance of a child after 18 years of age is provided exclusively on a voluntary basis. No one has the right to force or otherwise oblige a parent to pay child support after 18 years of age.

This point of view of the legislator is set out in the following norms of the Family Code.

1. In Art. 80 of the RF IC contains a provision obliging parents to participate in providing for their children until they turn 18 years old.
2. According to Art. 120 of the RF IC, the termination of payments occurs when the child reaches the age of majority or when he acquires full legal capacity in the manner of emancipation.

Thus, it is impossible to recover alimony payments from a minor if the guardianship and trusteeship authorities have recognized him as fully capable before reaching 18 years of age.

This is permissible in cases where a child gets married, gets a job, or registers as an individual entrepreneur.

There are also no ways to extend child support after 18 years of age due to need for money or tuition fees.

Is it possible to collect alimony after 18 years of age by law?

As a general rule, no. But under a number of circumstances this is possible.

1. When it comes to collecting alimony for the past period, but no more than 3 years. In this case, of course, we cannot talk about alimony for adults, but for some time the alimony debt will be paid for the period of the recipient’s minority, but after adulthood inclusive. In essence, the plaintiff is demanding funds due to him by law that were not previously received.
2. When money is needed to support an adult disabled child who needs additional help and care in accordance with Art. 85 RF IC.

Attention! The only possible option to receive funds for an adult child is to prove his disability and need for help.

Payment terms

According to Art. 85 of the RF IC, adult children have the right to receive payments if two conditions are simultaneously met - need for funds and incapacity for work.

1. Those in need are those citizens who are unable to independently ensure a normal existence for themselves, and the government payments and benefits they receive are not enough. Whether a person requires additional assistance in the form of alimony is decided by the court based on the specific circumstances of the case.
2. Disabled citizens are those recognized as such based on the results of a medical and social examination and assigned the appropriate disability group.

IMPORTANT: Exactly two conditions must be met at once. The usual need for assistance in the presence of a child’s ability to work or disability in the presence of obvious well-being due to any other sources of income prevents the collection of alimony from the parents.

The main controversial point in such cases is the child’s need for money. Thus, judges pay attention to the amount of necessary expenses for its maintenance, the amount of income of the plaintiff, and the presence of objections from the defendant regarding the need for assistance. If the father or mother cannot justify the fact that the child has enough money, they are unlikely to have a chance to evade child support.

Amount of alimony

When establishing alimony in accordance with Art.

85 of the RF IC for adult children, the amount of monthly monetary maintenance is established by the court in a fixed amount - a multiple of the subsistence minimum for the corresponding category of citizens (for example, 2 monthly wages, 0.5 monthly wages, etc. - this is done for indexation). Each region has its own cost of living, and if it is not determined, then deductions are calculated based on indicators for Russia.

The specific cost of living coefficient is selected based on the financial situation of the payer, the presence of dependents and other important circumstances of the case.

Collection of alimony for the maintenance of an adult child

If the father or mother does not voluntarily help support a disabled child after 18 years of age, alimony is collected through the court.

The initiator of the dispute can be the child himself if he has full legal capacity, and in the case of his incapacity (limited legal capacity) - a guardian (trustee) in the person of the second parent or another plaintiff authorized by law.

If alimony has already been established previously (before the child reaches 18 years of age), the claim will need to be filed again, since the subject matter in this case changes:

• Child support for children under 18 years of age is subject to termination;
• Child support for an adult child is established in a different amount based on changed circumstances.

Statement of claim (sample)

A claim for the recovery of alimony for adult children is filed according to the same rules as a standard claim for the recovery of alimony. The claim is drawn up taking into account the requirements set forth in Art. 131-132 of the Code of Civil Procedure of the Russian Federation and is subject to submission to the magistrate’s court at the defendant’s place of residence.

The rule of jurisdiction at the choice of the plaintiff in the case of an adult child is no longer valid, therefore the application falls within the exclusive competence of the magistrate’s court at the place of official residence of the defendant.

The claim states:

• Full name of the judicial authority and its address;
• Full name of the plaintiff and defendant, their registration addresses and actual location;
• Circumstances of the case: date of birth of the child, date of majority, grounds for receiving alimony after 18 years;
• Justification for the amount of alimony, arguments against the defendant and his evasion of payment of funds in favor of the child;
• Request for the collection of alimony in a fixed amount;
• Signature of the plaintiff, date of filing the claim and list of attachments.

The claim is filed both in person at the court reception desk and by mail. It is also possible to file a claim electronically, but this requires a qualified electronic signature.

The presented sample reflects only one of the possible situations when there is a need and possibility of collecting alimony for an adult child. To draw up a competent statement of claim, contact an experienced lawyer or for a free consultation with the specialists of our website.

Documentation

The following must be attached to the application:

• a copy of the plaintiff's passport;
• birth certificate of a disabled citizen;
• an extract from the house register;
• ITU certificate;
• documents evidencing expenses and income;
• a copy of the court act declaring the child incompetent (partially capable);
• a document confirming the powers of the guardian (trustee);
• a copy of the claim and package of documents for the defendant;
• receipt of payment of duty.

If the claim is filed by a lawyer, he must confirm his authority with a power of attorney, a copy of which is attached to the claim, and the original is presented when filing the claim or when visiting the court.

Limitation of actions

The moment the claim is filed does not matter. As long as the child is recognized as disabled and needs money, he has the right to alimony.

IMPORTANT: It will not be possible to collect alimony for the previous three years in relation to an adult child, since the RF IC stipulates this possibility only for minor children.

State duty

The amount of the state duty is 150 rubles, but if, when filing a claim for alimony in favor of minor children, it is not the plaintiff, but the defendant who pays it (clause 14, clause 1, article 333.19, clause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation), then In case of recovery of maintenance for children over 18 years of age, this benefit does not apply.

Read also: Tax deduction for a disabled child

The fact of payment of the fee is confirmed by a receipt, which must be attached in the original to the statement of claim.

Procedure for payment and withholding of alimony

A court decision that has entered into legal force is the unconditional basis for monthly deductions of child support by the parent obligated to pay it.

He chooses the payment method independently. This could be sending them money yourself or instructing the employer’s accounting department to withhold the necessary amounts. If the payer does not work, he himself transfers or transfers funds in a way that allows recording the fact of their transfer to the child:

• By postal transfer;
• Payment to a card indicating the purpose of payment;
• Transfer to a current account;
• Transfer of money in cash with a receipt.

In case of non-receipt of alimony, the mother of a disabled child, the child himself or his guardian must contact the FSSP with a writ of execution and an application. Based on these documents, the bailiff initiates proceedings and, if necessary, takes measures to forcibly withhold alimony.

Thus, he has the right to oblige the employer to send money to the child, to seize the man’s property or his bank accounts, and to take other measures provided for by Law No. 127-FZ. A penalty is charged for the amount of alimony not paid on time.

IMPORTANT: Responsibility for non-payment of alimony, provided for in Art. 5.35.1 Code of Administrative Offenses of the Russian Federation and Art. 157 of the Criminal Code of the Russian Federation also applies to cases of evasion of child support by parents for adult children.

Arbitrage practice

The Review of Judicial Practice of the Presidium of the Supreme Court of the Russian Federation dated May 13, 2015 indicates that cases of collection of alimony for disabled children are considered quite rarely, but most of them have a positive outcome for the plaintiffs.

Source: http://allo-urist.com/alimenty-posle-18-let/

How to receive alimony after 18 years of age if the child is studying, is it possible and what law regulates payments at this age + statement of claim for the recovery of alimony for a student

It is known that fathers must support their children until they reach adulthood. However, parents often have a question about whether child support is provided for by law after the age of 18 if the child is studying?

Let's say right away that not everything is so simple here. Therefore, in this article we will tell you whether child support is paid after the age of 18 for children continuing their education and in what amount.

The reader will learn what provisions of the Family Code provide for payments, as well as how to prove the need for additional support for a student, and what documents are needed.

Is it possible to receive alimony for an adult child of a student in Russia?

The law does not directly stipulate alimony for a full-time student. In this regard, a bill obliging parents to financially support children receiving full-time higher education has been registered in the State Duma.

At the same time, lawsuits often contain reference to Art. 85 RF IC. It stipulates the responsibility of parents to provide for their adult but disabled children. At the same time, there must also be a need for additional material support.

Judicial practice takes the position that a child’s education at a university is not a sign of his or her inability to work. Therefore, there are often decisions to refuse to satisfy the plaintiffs’ demands. But there are other precedents. Therefore, it is still worth fighting for your rights.

We should not forget about such a tool as an agreement on the payment of alimony after 18 years. In it, parents have every right to agree on monetary payments for the student during his studies.

In this document you can specify not only the amount, but also the procedure and frequency of its payment. The only main condition is that the contract is certified by a notary.

How to apply for alimony after 18 years of study and who can do it

There are two possibilities to file an application for alimony to recover money in favor of a student child.

The first is filing a claim. Its author can be either the parent with whom the son or daughter lives, or the student himself, since he has reached the age of majority.

You can go to court either at the place of residence of the plaintiff or the defendant. In this case, the age of the applicant will not affect the rules of jurisdiction. After regular payments are awarded in favor of an adult, care should be taken to issue a writ of execution. It is provided to the bailiffs to initiate enforcement proceedings for alimony.

When receiving financial support for a student after 18 years of age is provided for in an agreement between his parents, the payment process in case of debt is significantly simplified. It is enough to give the agreement to the bailiffs. In such a situation, there is no additional need to go to court.

Before filing a claim, it is advisable to study the judicial practice and clarifications coming from the Supreme Court. The information contained in such documents is useful to use when preparing your application.

Statement of claim for the recovery of alimony for a student after 18 years of age

Let's figure out how alimony is paid to full-time students after 18 years of age?

Unlike deductions for minors, payment of alimony for education is always made in a fixed amount, as stated in the Family Code. Another thing is that any specific minimum or maximum is not stipulated by law.

When making a decision, the courts take into account the cost of living, or the size of the consumer basket existing in a particular region.

From time to time this indicator may change upward. Then the amounts will be automatically indexed. The entire process will be carried out by bailiffs or the accounting department of the enterprise where the alimony payer works.

Over time, the amount of payments can be reduced or even eliminated. This can happen automatically if an adult graduates from school or becomes employed.

However, in the event that the money will still continue to be paid, the payer needs to think about filing an appropriate statement of claim to terminate the deductions.

It must be addressed to the Magistrates' Court at the address where the payment recipient lives. Based on the results, the judge must make a decision to terminate the payment of alimony for the maintenance of an adult.

Situations are different, and if a decision is made to revise payments downward, then another writ of execution is issued, but for the adjusted amount.

How to prove a child’s need for additional maintenance and what documents are needed

• How to extend child support payments if the child is studying?
• In order for the court to order the father to pay for education after the age of 18, the need for such support must be convincingly proven.
• The need for financial assistance can be confirmed by information from several sources.

Documents for child support

Here is the main list of materials that most often have to go to court:

1. A certificate from the university confirming completion of training, indicating the presence or absence of a scholarship.
2. Certificate of the amount of tuition fees for education.
3. Copy of the passport.
4. Information about the financial situation of the parent with whom the student lives: a certificate from work or an employment center, a document from the social security authority.
5. Written confirmation that the applicant is not working.
6. A copy of the work book. It could have been opened when the child worked for some time before entering college.

If a child suffers from a chronic illness, a doctor's opinion may be required that he or she requires medication or ongoing medical care.

To begin the collection procedure in court, other information may be required. You can clarify their composition during consultation with a lawyer.

He will also give advice on his part about how in practice alimony is paid for a child out of wedlock over 18 years of age who is continuing his education.

Sample application for alimony after 18 years if a student

We are very close to how to collect money for the maintenance of a student after 18 years of age. In order to be guaranteed to receive alimony for a student after 18 years of age, the statement of claim must be competent and justified.

It should open with the name of the court, as well as all information about the parties to the upcoming dispute. The plaintiff will be the mother or the child himself. Accordingly, the payer – the father – will act as the defendant.

At the beginning of the main part of the claim, the history of the family relations of the spouses should be briefly stated. Next, you need to write as much information as possible about the students. In particular, his initials, date of birth and place of study are indicated.

After this, it is necessary to justify for what reasons or circumstances he needs additional material support. If the facts are confirmed, then reference is made to the relevant documents.

Before proceeding directly to the description of the claims, the amount of payments that the plaintiff plans to recover is argued.

It is advisable to include all necessary costs and expenses of the student. Practice shows that digital displays are taken into account by the court.

To make it easier for the plaintiff, we offer to download a claim for alimony after 18 years of age. Depending on your situation, it can be modified or supplemented with new data.

Child support for children studying at a university, in questions and answers

1. It is clear that single mothers are interested in who is entitled to alimony after 18 years of age, and by what procedure is it collected?
2. Is there a law on the payment of alimony after the age of 18 for a child continuing his studies at the institute.
3. Therefore, we have collected the most common questions on this topic and their answers.

Is child support entitled to child support after 18 years of age?

“My daughter is studying at the institute by correspondence. Can she claim financial support from her father?”

In this case, it is difficult to count on help, since it is assumed that the daughter is able-bodied and can easily provide for herself financially.

“I learned that my adult son was expelled from the university. Do I have the right to no longer pay money for his maintenance?

Yes, you have. To do this, you first need to apply to the court with a claim to remove your alimony obligations.

Should the other parent pay child support after age 18?

“After finishing school, my son went to work. Is he eligible to receive financial assistance from his father?”

Under current law, there are no rights to payments. This implies that your son is able-bodied and does not need financial assistance from his father.

“If the amount for training is specified in the agreement between me and my wife, should I continue to pay it?”

The terms of the agreement must be complied with regardless of the content of legal requirements. Otherwise, the bailiffs will take care of the debt.

You can reduce the amount or procedure for depositing money by signing amendments to an existing agreement on alimony payments. This is done in the presence of a notary, otherwise the new agreements will have no legal force.

When can you count on alimony after 18 years of age?

“I am disabled, and my son is studying at a university on a contract basis and does not receive a scholarship. Can I demand recovery of money for education and its maintenance from my father?

Yes, you can request an extension of the alimony payment period for the period of study. To do this, you need to convince the magistrate's court that your son needs financial assistance. Attach your pension certificate to the claim, as well as a certificate from the university confirming the absence of a scholarship.

Conclusion

We talked about the main features of receiving child support after 18 years of age in connection with his education.

Let us once again emphasize that the current Family Code does not separately provide for such payments.

However, judicial practice shows that help from the father can still be obtained. To do this, you need to prove that the child does not work and is unable to support himself.

By contacting a lawyer, you will know all the prospects for your problem. In addition, a specialist will competently represent your interests in court and other necessary authorities.

Oleg Roslyakov, source: sud-isk.ru.

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Source: https://sud-isk.ru/ob-alim/kak-poluchit-alimenty-posle-18-let-esli-rebyonok-uchitsya.html