Alimony for a disabled person: 1, 2 and 3 groups

Alimony (payments for the maintenance of disabled family members) is paid by parents, regardless of health status. All types of pensions and benefits are included in the list of types of wages.

Is alimony deducted from a disability pension? Disabled people receive state social guarantees; first of all, they are provided with payment of pensions.

The law defines the circumstances under which spouses, after a divorce, support each other and their children until they reach adulthood.

Spousal support

In the case of a long-term family history, a court decision requires monetary assistance to be collected from a spouse of retirement age for a period of 5 years after the termination of the marriage.

The judicial authority is authorized to release a disabled spouse from maintenance, as well as reduce this obligation, if:

• disability occurred due to alcohol or drug abuse;
• an intentional crime has been committed;
• the marriage relationship was short-lived;
• the spouse who is applying for help has committed unworthy acts in the family.

A woman during pregnancy and until the child reaches 3 years of age can count on alimony from a disabled person . The onset of pregnancy is established until the end of the marriage. Receipt of state benefits for pregnancy, childbirth and care of a newborn, for the payment of alimony for its maintenance, does not relieve the ex-husband from the obligation to support his wife.

Important! The rights to receive funds are enjoyed by the husband or wife (former) when caring for a child who has a disability before reaching adulthood or a person who has been disabled since childhood, group 1.

Child support

• when children are minors;
• if there is a blood relationship with the payer of the funds;

in 2019, children who have reached the age of majority can receive alimony from a disability pension. This happens if they are unable to work and need systematic care from other persons.

The fact of the need for maintenance is determined by the court, which takes into account:

• sources of income;
• costs (material) for its maintenance are taken into account.

Disability must be confirmed by a medical certificate.

Download for viewing and printing:

Family Code of the Russian Federation

Important! The funds are paid by persons who are officially considered parents. Otherwise, it will be necessary to establish the fact of paternity or maternity.

If the parents are divorced, this does not affect the child's right to receive financial support from the father or mother. Depriving one of them of parental rights does not relieve the children of the opportunity to receive maintenance.

How are payments set?

Spouses are given the right to enter into an agreement between themselves, which will stipulate points regarding the amount and procedure for paying alimony. The document is certified by a notary. It records the monthly maintenance amount.

The agreement also provides for one-time alimony. This option is considered when the payer travels to another country.

Payment can be:

• real estate objects;
• jewelry;
• any property.

Important! The amount of alimony fixed by agreement should not be lower than the amount specified by the court decision, and no more than 70% of the payer’s earnings.

The agreement has the force of an executive document. If the father or mother evades payment of alimony, the second party has the right to apply to the appropriate authorities to withhold the amount of money from the debtor.

Important! To support a child, not only the pension of a disabled person is taken into account, but also profits from securities, rental of premises, and payments in kind.

The court may exercise the right to assign additional payments if there is a need for treatment of the child and systematic care for him. Parents are required to pay not only the costs incurred, but also the planned ones.

Features of alimony for disabled people in 2019

According to the law, 25% is withheld for the maintenance of one child, 33% for two, half of the benefit is calculated for three or more children.

By decision of the court, the alimony amount can be reduced or increased. To do this, documented reasons must be provided.

Alimony payments in a fixed amount

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A fixed procedure for collecting money requires time as it is established by filing a lawsuit.

The same thing happens when receiving benefits for temporary disability (this applies to disabled people of group 3 who work). A fixed amount is paid when there is an agreement certified by a notary or a court decision.

Reducing the amount of payments

He often spends significant amounts of money on medical care and medications.

Important! A disabled person has the opportunity to apply to the court to reduce the amount of alimony payment, since his financial situation is deteriorating due to the necessary costs of treatment and maintaining health.

Going to court

• ID card;
• identification code;
• marriage document;
• the child’s birth certificate and a certificate of his place of residence;
• medical report in case of illness of the child;
• statement of claim.

Payments may be reduced if the defendant has other children who need care.

The court may make such a decision if the payer has high income. The court assesses whether a quarter of the earnings meets the needs of the son or daughter.

Important! It is possible to reduce or stop the income of the payer if the children are supported by the state (boarding school, orphanage).

According to family laws, it is the responsibility of parents to support and raise their children. In the event of a divorce, the father or mother who does not live with them is obliged to transfer material resources in favor of the child.

The law provides for the withholding of alimony. Each situation is considered separately: the amount and method of payment are determined in order to ensure the rights and interests of both parties.

Video about how to determine alimony debt.

Source: https://razvodis.ru/alimenty/vzyskanie-i-osvobojdenie/alimenty-s-invalida.html

Alimony for a disabled person of groups 1, 2, 3, should a disabled person pay child support?

Home » Alimony » Alimony for a disabled person of groups 1, 2, 3

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In accordance with the Family Code of the Russian Federation, minor children who voluntarily do not receive sufficient material support from their parents are awarded alimony. Most often this happens after a divorce, when the parents move away and the participation of one of them in the child’s life becomes limited.

But do these obligations apply to people with disabilities, and what can children of disabled people of groups 1, 2 and 3 have the right to expect?

Basic Concepts

The status of “disabled person” is established during a medical and social examination and is the basis for:

1. Complete or partial loss of labor and sometimes incapacity.
2. Assignment of disability group.
3. Benefit assignments.

Depending on the degree of injury or impairment, disabled people are assigned:

• Group 1 - there is a persistent, pronounced disorder of one or more body functions, as a result of which a person may be extremely limited in a number of abilities and need the help of other persons.
• Group 2 - the disorder is also pronounced, and the person suffering from it is able to cope with restrictions with the help of aids, devices or surrounding people.
• Group 3 - disabled people in this category can perform all necessary actions independently, work, but only with the use of special means and/or in a light mode, since their health impairment is moderate or not severe.

Disabled people are assigned benefits in accordance with Russian legislation (Federal Law No. 166-FZ and No. 181-FZ), for each group separately.

Income for persons with disabilities may include:

1. Insurance or social pension.
2. Monthly cash payment (MCV).
3. Wages.
4. Income from other sources, for example, leasing personal property, carrying out business activities (through representatives or independently), participation in business companies, holding shares, etc.

The first 2 points are mandatory for citizens with disabilities, while the rest depend on their physical and financial capabilities.

Amounts of benefits for disabled people of groups 1, 2 and 3

Persons who have lost their ability to work have the right to count on a social or insurance pension and daily allowance.

An insurance pension is assigned to disabled people who have worked at least one day (subject to official employment). Social - for disabled people who have no work experience.

The amount of social pension for disabled citizens, taking into account the established disability group for 2020:

• Group 1 (from childhood) - 12,082 rubles ;
• 1st group and 2nd from childhood - 10,068 rubles ;
• Group 2 - 5,034 rubles ;
• Group 3 - 4,279 rubles .

The insurance pension is calculated separately. What matters is the individual pension coefficient and its value at the time of appointment.

The insurance pension also includes a fixed additional payment of 4,982 rubles for disabled people of groups 1 and 2 and 2,491 rubles for groups 3.

The monthly cash payment (MCV) is:

• 2,162 rubles for the first group;
• 1,544 for the second;
• 1,236 for the third.

Together with a pension, insurance or social, it constitutes the legally guaranteed income of a citizen with disabilities.

Do disabled people pay child support?

According to Art. 80 of the Family Code of the Russian Federation, father and mother are directly responsible for the maintenance of their minor children.

The procedure for fulfilling this obligation can be established by the parents voluntarily, by concluding an agreement, or determined in court if they were unable to reach a common opinion.

Should a disabled person do this? The legislation does not identify or limit the categories of citizens obligated to pay alimony. And, based on the meaning of the Government of the Russian Federation No. 841 (dated July 18, 1996), citizens with disabilities of groups 1, 2 and 3 are not exempt from alimony obligations.

In accordance with paragraph 2 of the above-mentioned Resolution, funds for the maintenance of minor children are withheld from all types of pensions, including increases, bonuses and additional payments to them. And, if a disabled person receives funds from other sources of income, then a portion of them is added to the amount of deductions. The exception is EDV - alimony is not deducted from this income item.

The amount of funds transferred monthly to children depends on the total income of the payer. Of these, 1/4 is withheld for one child, 1/3 for two, and 1/2 for three or more.

In some cases, when the calculation of alimony in shares significantly violates the interests of the parties, the court may determine payment in the form of a fixed amount - a fixed payment withheld from the personal funds of the alimony provider every month, regardless of the level of his actual profit.

Can they be reduced?

A disabled person or his legal representative, under certain circumstances, may apply to the court with a request to reduce the amount of alimony. But in order to achieve this, you need good reasons, for example:

1. Significant increase in the income of the other parent.
2. Emancipation of the child and his obtaining his own means of subsistence.
3. A sharp and unexpected deterioration in the financial situation of the payer.
4. The emergence of other child support obligations by a disabled person (to other children).

Read also: Is alimony withheld from vacation: from compensation for unused vacation, from vacation pay, from educational leave

If, for objective reasons, a parent is unable to repay the established amount of alimony without harm to his health, he must draw up a corresponding statement and, together with the prepared documentary evidence, bring it to the nearest court.

A disabled person is not completely exempt from paying child support even after deprivation of parental rights. The basis for the cancellation of this obligation can only be the adoption of a child by another parent.

How to apply for alimony

The issue of collecting alimony, as a rule, arises after a divorce, but the need to consider it may arise during marriage, or even without it, if the child is registered with parents who have not registered their relationship.

Step-by-step instruction

A request for alimony can be filed during the divorce process or separately, after it, and in some cases, during the marriage.

To do this, the plaintiff needs:

1. Submit an application for a court order.
2. Collect the necessary papers.
3. Bring the documents to the magistrate at the place of residence of the alimony holder.
4. Wait for the judge’s decision to accept or reject the application and, if necessary, correct any mistakes.
5. Obtain a court order to collect alimony.

The act adopted at the end of the legal proceedings is the basis for withholding the established amount of funds from the payer.

Procedure

Cases regarding the collection of alimony are considered in the order of writ proceedings. The judicial process is carried out according to a simplified scheme:

1. No notice to the parties is required. An order to collect alimony is issued without involving the future payer.
2. A judicial act is adopted without trial, the participation of both parties and the presence of third parties.
3. An application for an order is considered by a magistrate within a shortened time frame - within 5 days after submission.
4. A copy of the document is sent to the debtor, who has the right to challenge it no later than 10 days after receipt.

• If the order is protested by the debtor, or the child’s representative requests the collection of alimony in a fixed amount, the procedure for considering the case changes - the applicant is required to file a claim, and the proceedings themselves are carried out in more detail, with the involvement of third parties and the payer directly.
• A request for the collection of alimony may be submitted in an application for a court order or in a lawsuit, if required by the legal procedure.
• Application for issuing an order, in accordance with Art. 124 of the Civil Procedure Code of the Russian Federation, contains:

1. Full name of the court authorized to consider the claim.
2. Full name and address of the child's legal representative.
3. Payer information - full name, date and place of birth, place of work, residential address.
4. Full name, date of birth of the child.
5. Details of the birth certificate of common minor children.
6. The essence of the requirement and its justification.
7. List of documents attached to the application.

The request must be made in writing, indicating the date of submission and the personal signature of the applicant at the end of the text.

Sample application for issuing an order:

Download a sample application

The claim is drawn up in a similar format, but in addition to what is described above, it must include a rationale for filing - why alimony should be awarded in a fixed amount, and a calculation of expected payments. And in the “header” of the application, together with “debtor” and “collector”, “plaintiff” and “defendant” are indicated.

Download a sample claim for alimony collection

Required documents

The following documents are submitted along with the application for alimony:

1. Birth certificate of the child(ren).
2. Certificate of marriage/divorce (if one was formalized).
3. Certificate of family composition.
4. Statement of the payer's income.

All papers are submitted in the form of copies, but presentation of the originals is required.

Collection procedure

1. With an order for collection, the legal representative of a minor (parent, guardian, trustee) can contact the bailiff service at the place of registration of the alimony holder.
2. According to his application, they are obliged to take all necessary actions to ensure that the portion of the funds established in the judicial act is transferred to the child’s account every month.
3. In the process of collecting alimony from a disabled person, it is important not to forget that he himself is a potential recipient of monthly cash support from his close relatives and family members (sometimes even former ones).
4. In accordance with Section V of the Family Code of the Russian Federation, disabled adults in need have the right to receive material support from:

1. Their adult children - if they performed parental responsibilities until they reached the age of 18 and were not deprived of parental rights.
2. Former spouse - if the disability occurred during marriage or within 1 year after its dissolution and the financial condition of the spouse allows this.

In this regard, a disabled parent who pays alimony for children, after they reach adulthood, must receive the same from them. And also earlier - from your solvent former or current spouse. At the same time, alimony is not withheld from the funds paid to him.

A person with disabilities needs social protection, but is not exempt from his civic duties. Therefore, a parent or guardian providing constant care for his minor child has every right to demand financial assistance from him.

The lawyers on our site will tell you how to do this correctly. To get advice, write to them using the feedback form or call the phone number indicated for your region.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

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Source: https://ros-nasledstvo.ru/alimenty-s-invalida-1-2-3-gruppy/

Alimony for a disabled person: 1, 2 and 3 groups

Responsibilities for maintaining
a minor child remain with the parents, even if they do not live
with him.
Payments are made from all income of the father or mother, with the exception of a few cases (Government Decree No. 11 of January 17, 2013).

Alimony from a disabled person is withheld on
a general basis from the pension paid to him by the state.
Temporary or permanent disability is not a valid reason for avoiding
obligations to a minor.

Conditions for receiving alimony from a disabled person

To collect child support from a disabled person, the following conditions must be met:

• the child has not
  reached the age of majority;
• paternity
  has been officially established.

A disability pension is a payment from which funds are withheld in favor of a minor.

Amount of alimony for a disabled person

Alimony from a disabled person of group 2 is collected in the same amount as any other. If the payer works and has a disability group of 3, then funds are withheld from all his income.

The amount of alimony depends on the number of children and payment terms. They can be assigned either as a fixed monetary amount or as a percentage of the benefits or wages received.

The legislation
establishes the following amounts of payments:

• 25% - per
  minor;
• 33% -
  two;
• 50% - for three
  or more children.

• Alimony can be assigned in a fixed amount, which is indexed annually.
• When deciding on the amount of payments, the court will take into account the specific circumstances and financial situation of both the payer and the other party.
• Alimony for a disabled child in need of constant care can be awarded even after he reaches adulthood.

Child support: what percentage of salary.

Documents for alimony from a disabled person

If an agreement on child support has not been reached with your ex-spouse, you must apply to the court. When filing a claim for alimony, there is no need to pay a state fee.

The following documents must be attached to the application:

• copy
  of ID;
• 
  birth certificate
• details
  for payment of funds;
• financial
  documents, certificates of income of the second party;
• a copy
  of the marriage or divorce certificate;
• certificates,
  checks, and other documents confirming expenses for a minor.

Statement of claim for child support. [39.00 KB]

Each case
is different, so the judge may ask either party to provide
additional documents regarding the financial status of one of the parties.

Alimony from a disabled person of group 1 is collected depending on the size of the pension.

The defendant, in turn, can submit documents confirming the deterioration of his financial condition. If the child support payer has other minor children, the amount of payments is reduced.

Former spouses can reach an agreement regarding child support payments. The document must be drawn up in writing and the conditions and amount of the benefit must be stated in it.

The agreement has legal force only if certified by a notary office. If one of the parties fails to fulfill its obligations, the document is the basis for enforcement proceedings.

Agreement on payment of child support. [14.65 KB]

Indexation of alimony: in a fixed amount of money, for the past period.

Reducing the amount of alimony

If the payer received disability after he was assigned alimony, including in a fixed sum of money, then he can submit an application to review its amount.

Typically, the pension received due to health problems is not very high. Accordingly, the payer’s financial condition worsens.

1. The disabled parent must provide the court with significant evidence that he is unable to make payments in the prescribed amount.
2. It should be borne in mind that the receipt of disability in itself is not grounds for canceling or reducing the amount of payments.
3. As evidence, you can use personal account statements, receipts for the purchase of medicines, medical devices, etc.
4. There are also the following
   reasons for reducing payments:

• improving
  the financial condition of the second parent, receiving additional income;
• employment
  of a minor;
• the appearance of
  new dependents (including a child in another marriage), etc.

Statement of claim to reduce the amount of child support. [27.50 KB]

Legislative acts establish the possibility for a disabled person to receive alimony from his former spouse.

Citizens can apply for payments if the following conditions are met:

• disability
  occurred during the marriage and within a year after its dissolution;
• assigned to group 1
  or 2;
• a citizen
  needs financial and household support.

• If the spouses have been married for a long time, then payments can be recovered within five years after its dissolution.
• A claim for child support and a petition for payments to a disabled person from a former husband or wife cannot be considered simultaneously.
• The court will not establish alimony for a disabled spouse in the following cases:

• they
  committed a serious crime;
• the disability
  was a result of alcohol or drug abuse;
• The official
  marriage relationship was short-lived.

Read also: How to collect alimony debt: if the debtor has no property, if the children are over 18 years old

A woman raising a child under 3 years of age has the right to file a claim for financial assistance not only for the minor, but also for herself. In this case, the man’s paternity must be officially recognized.

Statement of claim for alimony for a wife on maternity leave for up to 3 years. [34.00 KB]

Conclusion

Family law protects the rights of minors. Therefore, even if the relationship between spouses is dissolved, their obligations to support children are not relieved.

Payments are made by voluntary agreement or court decision. Disability is not a basis for terminating parental responsibilities.

A reduction in the amount of alimony is allowed only if the pension received for incapacity for work is lower than the income received before, and alimony is assigned as a percentage.

If payments are made in a fixed amount, then they should remain the same. To review their size, you can contact the court with a corresponding application.

Source: https://pravasemei.ru/alimenty/alimenty-s-invalida-1-2-3-gruppy/

Child support for disabled people of groups 1, 2, 3 - Do disabled people pay child support?

Home / Alimony / Alimony for disabled people of groups 1, 2, 3 - Do disabled people pay alimony to children?

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Both parents are responsible for the financial support of the child. But it happens that one of the parents himself needs financial support for good reasons.

For example, a chronic illness or serious injury can cause complete or partial disability, and as a result, cause loss of work.

Disabled people are not only forced to survive on meager benefits, but also undergo examinations, medical procedures, buy medications, and so on.

Therefore, a disabled parent who has child support obligations to a minor child has a reasonable question: is it possible to cancel or reduce child support?

Disability 1, 2, 3 groups and alimony

Question

For three years after the divorce, I regularly paid alimony for my school-aged son. But six months ago I was in a car accident and was seriously injured. Approved for disability. I don't work, I live on disability benefits.

The ex-wife demands money in the same amount (the court set a fixed amount). My son is already 16 years old, he works part-time at a car wash and earns pocket money.

How can child support be reduced or even eliminated?

Answer

Disability (regardless of group - 1, 2, 3) is not a basis for removing alimony obligations from a disabled parent. Child support must still be paid - from wages (if the parent continues to work) or from disability benefits (if the parent receives benefits).

This is directly stated in government document No. 11 dated January 17, 2013 - “List of income from which alimony is withheld.” According to this resolution, alimony payments are withheld from pensions and benefits, as well as from compensation payments for damage to health and other sources of income.

The amount of alimony does not depend on the disability group!

As a general rule, the amount of alimony is calculated as a percentage of the income of the alimony payer:

• A quarter of income (25%) is for one child;
• A third of income (33%) is for two children;
• Half of the income (50%) is for three, four, five or more children.

However, if disability benefits are the only source of income for disabled parents (usually disabled people of groups 1 and 2) or a working disabled parent receives temporary disability benefits (disabled people of group 3), the court may award alimony in a fixed amount of money, which is subject to regular indexing.

When determining the amount and procedure for payment of alimony, the court takes into account all circumstances: sources of income (pensions, disability benefits, wages, unofficial income), the need of the parent (expenses for medicines, treatment, health improvement), the needs of the child.

Is it possible to reduce the amount of alimony based on disability?

An alimony payer with a disability can rarely boast of a high level of well-being. In most cases, he lives on a meager allowance, sometimes working part-time at a simple, low-paying job. At the same time, he incurs considerable costs for treatment or maintaining health.

In this case, the disabled parent has the right to go to court with a request to reduce the amount of child support payments.

Note! In no case does the court remove alimony obligations, but only revises the amount of payments downwards. And even then - only if the alimony payer provides convincing arguments and evidence to the court.

In addition to group 1 or 2 disability, the following circumstances can contribute to a reduction in alimony payments:

• Change in the financial situation of the child's mother. For example, receiving income from additional sources (renting property, securities), employment in a well-paid job, remarriage and financial support from the new husband - the child’s stepfather;
• Change in marital status. For example, the birth or adoption of a child in the remarriage of a disabled parent;
• Additional expenses appear. For example, supporting frail and needy parents;
• Employment of a minor child (from 16 to 18 years old) and obtaining a stable income sufficient to meet basic needs.

Alimony for a disabled spouse

• Do not forget that a disabled person himself can claim alimony from his ex-spouse!
• If the ex-husband (wife) is disabled (disabled group 1 or 2) and needs household and material support, he can demand alimony from the ex-wife (husband).
• To do this, the following conditions must be met:

• The incapacity for work occurred before the divorce or within one year after the dissolution of the marriage;
• If the former spouses have been married for many years, the period for filing alimony claims can be extended even up to five years.

Note! Child support claims for a minor child and for a disabled ex-spouse cannot be litigated in the same lawsuit. It is necessary to file separate claims in court - therefore, you will need to pay two state fees.

Source: http://law-divorce.ru/platyat-li-invalidy-alimenty-detyam/

Alimony from a disabled person

Disability is not a basis that prevents the payment of alimony . All parents are required to pay money for the maintenance of minor children, especially those in respect of whom a court decision is made.

The List of types of wages and other income from which alimony for minor children is withheld directly states that such income includes all types of pensions and temporary disability benefits.

The amount of alimony is calculated based on average income (percentage or share), the options of which include benefits and pensions, or is assigned as a fixed amount.

Conditions for receiving alimony from a disabled person

Spouses, including former spouses, bear obligations to support each other and their joint minor children, subject to the conditions specified by law.

The incapacity and neediness of the spouse, the inability to provide his own support with his own means do not relieve him of the obligations provided for by the legislation of the Russian Federation for the payment of alimony. Regardless of whether the spouse is a disabled person of the 2nd group , 1st or 3rd, alimony for the maintenance of minor children.

In turn, a disabled person has the right to file a claim for alimony against a former spouse, provided that the disability occurred before the dissolution of the marriage or within one year from the date of dissolution of the marriage. If the family history is long, the court has the right to collect alimony in favor of the retired spouse within five years after the divorce ;

The court has the right to exempt from the obligation to support a disabled spouse in need of help or limit this obligation:

• If the incapacity for work of the spouse in need of help occurred as a result of alcohol or drug abuse;
• As a result of his commission of an intentional crime;
• If the spouses are married for a short period of time;
• In case of unworthy behavior in the family of a spouse requiring payment of alimony.

During pregnancy and until the joint child turns 3 years old, a wife also has the right to alimony from a disabled person. The fact of pregnancy must be established before the divorce. If a woman receives maternity benefits, child care benefits from the state, as well as alimony for child support, this does not exempt the husband from paying funds to support his wife.

A spouse, including a former spouse, who is caring for a disabled child until the child reaches the age of 18 or a child who has been disabled since childhood, group I, also has the right to alimony.

Amounts of alimony

There are various options for determining the amount and procedure for providing alimony:

• By drawing up an agreement;

Spouses, including former spouses, have the right, by mutual agreement, to determine the amount of alimony and the procedure for its provision by concluding a notarized written agreement for this purpose.

• Answer a few simple questions and get a selection of site materials for your case ↙

• Through collection in court.

If the spouses were unable to reach such an agreement, the amount and procedure payments are established by the court in a fixed monetary amount.

When determining the amount of alimony, the court may take into account the financial and marital status of both parties and other factors that may influence the resolution of this issue.

Disabled people pay monthly which is subject to regular indexation.

The amount of alimony for a disabled person depending on the number of children:

The presence of disability of groups 1, 2 and 3 does not affect the amount of alimony, since this fact is not a reason for exemption from the obligation to support a child under 18 years of age.

Grounds for reducing the amount of alimony

A disabled person of group 1 or 2, obligated to pay alimony, may himself need outside care and additional maintenance costs, which increase significantly. The court may consider this sufficient grounds to reduce the amount of payments.

Read also: Large families in Yaroslavl: benefits, payments, travel, plots

If the disability arose less than a year after the divorce, the disabled person has the right to file a claim for alimony in his favor in response to the award of payments to him for a minor child.

Attention! During the same court hearing, it is impossible to resolve the issue of alimony for both a child and a disabled former spouse.

1. A change in the financial or marital status of one of the parties may also entail a reduction or increase in the established amount of alimony, as well as exemption from paying alimony if there is no alimony agreement between the parties.
2. A child for whom a disabled person is obligated to pay alimony receives a stable income from other sources, income from other sources sufficient to support him. Most often this concerns a working child aged 16 years.
3. The appearance of income-generating property in the recipient of alimony: real estate and securities;
4. The family of the alimony payer has new children (natural or adopted), whom he is also obliged to support.
5. The recipient of alimony is fully supported by the state;
6. The payer has new alimony obligations, and the total amount of payments is greater than the maximum allowed by law.
7. The appearance of excessively high income for the payer, since the established percentage of payments exceeds the reasonable needs for the maintenance of the person receiving alimony.

Attention! To reduce the amount of payments, you should file a claim with the court to change the amount of alimony.

Documents for collecting alimony

1. Marriage certificate if the marriage is not dissolved or divorce certificate when the marriage is dissolved;
2. Child's birth certificate;
3. An extract from the house register confirming that the child lives with you;
4. Application for collection of alimony (can be submitted both during the marriage and after its dissolution);
5. If the spouse does not work, he does not have a regular income, his whereabouts are unknown, in order to collect alimony it is necessary to file a claim for the recovery of alimony in a fixed sum of money.

A claim for the collection of alimony must be filed with the court at the place of residence of the plaintiff or defendant.

Source: http://alimenty-expert.ru/vidy/po-socialnomu-polozheniyu/alimenty-s-invalida/

Alimony for a disabled person of groups 1, 2, 3, should a disabled person pay child support?

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In accordance with current legislation, parents bear equal responsibility for their minor children. In practice, there are cases when one of the parents himself needs support due to an illness, injury or other health problem. And serious problems, as a rule, entail disability for a certain group.

Is it possible to demand alimony from such a parent and what to do in such a situation?

Do disabled people pay child support?

The law clearly establishes the responsibility of parents to provide for their children who have not reached the age of majority or who need support due to incapacity. Circumstances such as the presence of a marital relationship or even parental rights will not play a role.

The deprived parent will not have any rights in relation to the child, but he will still have obligations to support the minor.

In practice, there are situations when the parent himself needs additional support. The reason for this is his disability. Such a citizen, due to health conditions, cannot engage in labor activity at all or is significantly limited in it.

The collection of alimony from a disabled person often causes a lot of debate among lawyers and the public.

• On the one hand, it would be fair to, if not cancel, then somewhat limit the alimony collected from such persons.
• On the other hand, the child should not be deprived of support; he is not to blame for the current situation and the illness of his parent.

The presence of disability is not a reason for the cancellation of alimony payments. The rights of the child in this case are placed higher. Thus, Decree of the Government of the Russian Federation dated January 17, 2013 No. 11 - “On the list of income from which alimony is withheld” confirms this fact, since it indicates disability benefits as one of the sources of deduction of funds for alimony support.

This does not mean that a disabled person does not have a way to protect his interests. Undoubtedly, his situation means that he himself may need additional support, so he can try to reduce the amount of monthly payments, but for this he needs to apply to the court with a separate application.

Features of payment of alimony by disabled people

Disability benefits are included in the list of incomes from which alimony can be collected. It is directly stated in the relevant decree of the Government of the Russian Federation. In addition, benefits are far from being the only source of income for a disabled person.

The law provides for three groups of disabilities, which differ in the degree of disability.

• Thus, the third group is considered to be workers, that is, a citizen actually has the opportunity to work and earn financial resources, but is somewhat limited in this.
• The second group involves more serious restrictions, but the person is able to take care of himself independently.
• In the first case, a disabled person is completely deprived of the opportunity to provide for himself.

Despite the disability group, as a general rule, a citizen will pay the standard amount of payments:

You can reduce this amount or change the procedure for calculating payments by filing a claim with the court to reduce alimony. The judge will proceed not only from the fact that the payer is disabled, but will also take into account other factors that will be important. Requests may be denied

In fact, a disabled person pays alimony in accordance with the general procedure. There are no special features for this category of citizens, apart from the potential opportunity to slightly reduce the amount of payments, but this procedure is also carried out in a general manner.

If the payer does not have another source of income, then the recipient has the right to apply with a writ of execution directly to the pension fund to formalize the recovery immediately from his benefits. If it works, then it would be more rational to submit the sheet to the bailiff service so that they can carry out the deduction from several sources at once.

IMPORTANT: The presence of disability does not exempt the pension upon its fact from withholding funds if the disabled person works. Deductions will be made from pensions, wages, and other income from which child support will be withheld.

Are there any benefits for disabled people in paying alimony?

The legislator does not provide any benefits for paying alimony for disabled people. The general collection procedure applies to such payers. They do not have the opportunity to review the fact that alimony has been accrued; it will be collected in any case. It is only possible to reduce the amount of payments in court, provided that the need is justified.

In addition to disability, the following factors can be used as a reason for reducing payments:

• The financial situation of the second parent has changed for the better; for example, he inherited securities and has regular income from them.
• The parent with whom the child lives has remarried and the spouse provides financial support.
• The payer has new dependents, for example, new children.
• A child who has reached the age of sixteen has found a source of income (started working or registered as an individual entrepreneur).

All these and other factors can be used together to reduce the amount of alimony from a disabled person. In this case, disability will also be one of the indirect arguments in favor of reducing the amounts collected from the payer, but it is not an absolute basis for changing the method of collecting alimony or its amount.

Is it possible to reduce the alimony paid by a disabled person?

It will not be possible to completely cancel alimony for a disabled person under any circumstances. In this case, the interests of alimony recipients are put in first place. A disabled person can improve his financial situation in two ways:

1. File a claim for the recovery of alimony from obligated persons (spouse and ex-spouse, parents, adult children).
2. File a claim to reduce payments.

In the second case, evidence of the need to carry out such actions will be required. Thus, a disabled person will have to justify that he does not have the opportunity to increase his income, cannot get a job, and the existing amount of penalties significantly interferes with his normal life activities; the amount of funds remaining is insufficient to meet the minimum needs of life.

Reducing the amount of payments is always carried out in court. The claim must present all available evidence clearly indicating the need to reduce payments. The court can either satisfy the requirements or refuse if it considers that there are no grounds for reducing alimony.

Alternatively, you can request a change in the method of collection. For example, if previously alimony was collected from a citizen in a fixed amount due to the irregularity of his income, then after the onset of disability, you can ask to change the method of collection to shared. The required share of the pension will be calculated and paid to the children.

Alimony can be collected even from a disabled person, regardless of the group assigned to him. The legislation speaks directly about this, establishing the possibility of collecting these payments from disability benefits. A disabled person can only slightly reduce the amount of payments by filing a claim in court. No other methods of protection are provided.

Need a lawyer

Consulting a specialist when going to court to protect the rights of a disabled person will help you competently argue your position and achieve satisfaction of your demands.

Our lawyers are ready to provide free consultations on any issues related to family law and will help you protect your rights in the event of disability.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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