Should children pay child support to retired parents? Can parents apply for child support for their children and how to do it correctly

Parents who have become infirm or sick need care and material support for their children, both the Family Code in Article 87 and the Constitution in Article 38 speak about this. As a rule, the question of helping parents is considered obvious. However, in practice, in real life, anything can happen.

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K. sent her daughter to her mother in the village, where the girl lived permanently, that is, she actually did little to raise and support her daughter.

Having reached the age of 58 and having suffered a stroke, K. remembered that she could demand alimony from her daughter and filed a lawsuit.

The daughter provided 2 witnesses that she lived with her grandmother, and a certificate of completion high school in the village, while the mother’s registration was always urban. The court refused to award K. alimony.

Example 2

Citizen F., resident of the district center, filed a claim for alimony from his son, a fairly well-off St. Petersburg businessman. Because of his busy schedule, the younger F. rarely visited his father, who became a widower after the death of his wife.

Having learned about the process, the younger F. agreed with my father on the amount of voluntary assistance and presented the agreement to the judge, and the father asked to stop conducting the case and cancel his application.

Children brought up with respect and love for the older generation, will never forget their duty to visit and support elderly parents financially.

And only in case when children forget their responsibilities, in accordance with Art. 87, 88 IC RF the court may oblige a forgetful child to pay child support to his retired parents or one of them.

More and more often you can come across the complaint: “The father filed for child support for his daughter/son. What should I do?” Many lawyers and experts face similar questions. Is this requirement legal? What to do if parents file for child support? Can they even do that? The answers to these questions will be presented to your attention below. At proper preparation to a dispute, many problems can be avoided.

Alimony is...

First, you need to understand what alimony is. In Russia, this is what they call payments for the maintenance of certain disabled citizens. Usually the payers and recipients of money are relatives.

More often we're talking about about child support. These are funds that are paid for maintenance, treatment and care minor child. But there are other payments.

In Russia, there is alimony for the maintenance of parents. In other words, parents are obliged to support disabled children, and grown children - needy parents. It is this scenario that causes many problems.

Conditions for payments

Did the father file for child support? Theoretically, he has the right to do so. As already mentioned, by law, adult able-bodied children are required to financially support needy parents. But you will have to take into account several features. Not always legal representatives have the right to material support.

Child support can be demanded under the following circumstances:

• the parent is a pensioner;
• the citizen has a disability of 1 or 2 groups.

Accordingly, able-bodied parents are not entitled to funding from their children.

Reasons

Did the father file for child support? We will have to take into account a few more nuances in which payments will be assigned. The point is that it is not always possible to demand financial support from children. Even disability and retirement age do not in all cases allow you to receive alimony from your children.

In addition to the conditions listed, there are a number of reasons for which financial support is awarded to parents. Namely:

• children have reached adulthood (or been emancipated);
• adults are recognized as able to work;
• there is confirmation of family ties;
• parents are in extreme need and at the same time cannot work themselves.

Only if all these features are observed, children will have to pay 100% child support to their parents. But in reality, everything is not as simple as it seems. Often, relatives meet in court precisely because of alimony disputes.

How can I pay?

Can a father file for child support for his daughter? Yes. And for my son too. The mother can also file for child support. This is the legal right of parents. But, as we have already found out, it can only be realized under certain circumstances.

There are different ways to pay child support. For example, by personal agreement or by alimony agreement drawn up by a notary. Also, alimony for parents can be awarded by court. This arrangement occurs most often in practice.

However, if you have a good relationship with your children, you don’t have to worry about your old age. They themselves will help to the best of their ability. But if the relationship is not very good, then you will have to seek justice through the courts. Should children be afraid of anything?

Financial situation of children

Yes. If a parent applies for child support, then, subject to all the listed conditions and grounds, they will have to give part of their income to their former legal representatives. And it doesn’t matter at all what the actual relationship is between parents and children. Even if there is intra-family feud, money will have to be paid for good reasons.

At the same time, the court will not worry about the financial situation of the children. This means that it is difficult financial condition the younger generation will not exempt him from alimony for his parents. The court will still force you to make certain payments. Yes, the financial condition of the family will be taken into account, but not as the main indicator for awarding alimony.

Dimensions

How much will you have to pay? Child support is not regulated in any way by modern legislation. This means that the size of payments cannot be accurately predicted.

In other words, the court will examine the financial situation of parents and children, the degree of need of their ancestors and their expenses. After this, alimony will be assigned in the required amounts. As already mentioned, there are no clear instructions on this matter. It all depends on the specific situation.

Several children

"My dad filed for child support against me. What should I do?" - such complaints occur in real life judicial practice more and more often. And the applicants are indeed, in most cases, fathers. They are the ones who must pay alimony when divorcing their spouse.

What if parents have several children? This fact will be taken into account by the court. It is impossible to free one child from supporting parents and transfer this responsibility fully to another.

What does it mean? If a father has filed for child support for his daughter, but he still has able-bodied adult children, then the daughter can prove this to the court and relieve herself of part of the financial responsibility for supporting the father. Refuse help specific child It’s possible, but to your own detriment. The court, as already mentioned, will equally distribute child support obligations between the children.

Parents and their responsibilities

“My dad wants to sue me for alimony,” is a complaint that can be found more and more often in Russia. You don't always have to worry about such threats. The thing is that alimony for parents is awarded taking into account many conditions. And not only those that have already been presented to your attention earlier.

In addition to them, the plaintiff parent will have to prove to the court that he has fulfilled parental obligations throughout his life. That is, he supported, raised, taught, treated and protected his child. Otherwise, he will not be able to demand child support. This nuance must be taken into account and proven.

Did the father file for child support? Have you ever paid for the upkeep, upbringing, and education of a child? Then the daughter has nothing to fear. She will have to prove the fact of her father’s evasion from paying child support, after which the judicial authorities will recognize such a parent as unworthy. And even his difficult financial situation and disability cannot be the basis for assigning financial support from children.

Also, parents who have been deprived of their rights cannot apply for alimony. In practice, such people only threaten children with court-ordered alimony so that they voluntarily agree to provide for their ancestors. But according to the law, deprivation parental rights is a serious operation that relieves biological parents of responsibility for the upbringing and maintenance of minor children. And their right to alimony is also taken away.

Is small alimony a reason to panic?

Did the father file for child support? A child may be forced to finance an incapacitated needy parent if that parent was performing their parental functions.

IN modern practice Quite often there are situations in which parents pay child support, but in meager amounts. Fathers lower their salaries in every way so as not to spend money on their underage offspring. Nevertheless, they pay alimony, albeit in very small, sometimes ridiculous amounts.

Under such circumstances, the child may face serious problems in the future. In this case, the father has the right to alimony. Moreover, in a decent amount, and not in the form of symbolic payments.

Child support is collected when the parents are in need, disabled and provided that they, to one degree or another, provided care and maintenance for minor children. Paying alimony means supporting, feeding, raising and training. This is exactly what the court will consider. And it doesn’t matter that these payments could be about 1,500 rubles per month. The main thing is that child support was still paid.

Punishment for evasion

If a father has filed for alimony for his daughter or son, and the child evades his obligations, then the descendants may be held accountable in one way or another. What is the punishment for evading parental support?

Among them are:

• arrest - up to 3 months;
• forced labor - up to a year;
• imprisonment - 12 months.

All these punishments are imposed only in case of malicious evasion of alimony. Judicial authorities must repeatedly warn the child about the need to provide financial support to the parents.

Documents for the claim

How to apply for child support? To do this you need to contact district court. The applicant must bring with him:

• passport;
• statement of claim;
• birth certificates of all children;
• work book;
• certificates of disability;
• statement of receipt of pensions and benefits;
• certificates of family composition;
• calculations indicating the desired amount of material support.

conclusions

Parental support is not usually paid. In families with good relations children usually volunteer to help their ancestors. But there are exceptions.

Disabled, needy parent filing for child support? If he fulfilled his obligations towards his children with dignity, then he is entitled to appropriate support in old age. Otherwise, it will not be possible to demand money from children.

In general, each situation is an individual matter. And it is impossible to say exactly when child support will be collected and when it will not. The main thing is that the Family Code provides for financial support for both parents and children. Only a disabled parent can count on a positive court decision.

Can a father file for child support for his son? This depends on specific situations, which are spelled out in detail in the Family Code of the Russian Federation (FC RF).

According to the RF IC, both teenagers from their own parents and a father or mother (retired or disabled) from an adult son or daughter have the right to collect and receive alimony payments.

The collection of funds for financial support of parents is considered a priority. Such payments are considered 1st stage alimony.

Such alimony payments are considered financial resources that children pay to support their own parents.

How can I apply for alimony payments? According to the law, a father can file for child support in the following way: by settlement agreement or through court.

Settlement agreement

In what cases, instead of going to court, is it advisable to enter into a voluntary agreement between parents and their sons or daughters?

Concluding a settlement agreement is the best option for resolving a family dispute if both father and son agreed on the amount, terms and features of alimony payments on mutually beneficial terms, and then executed a document certified by a notary.

The advantages of a voluntary agreement are:

• it is concluded within a few days;
• similar document is voluntary;
• it is concluded only after reaching a compromise between the parties;
• there are no financial costs for legal costs;
• it can be issued quickly and easily.

If one of the parties does not comply with the terms of the settlement agreement, the 2nd party uses a similar document to forcibly collect alimony payments - as a writ of execution.

Can a father file for child support? When the son does not transfer child support payments, the father has the right to forcibly collect the financial resources due to him by law in court.

If a son or daughter shirks from fulfilling their obligations to support their parents financially or the parties have not reached an amicable agreement, they also need to come to court.

Because the such payments are made, then the judge in this case does not make a ruling. In such a situation, the father files a lawsuit in a judicial institution, and the judge begins an open hearing of the case and resolves the dispute in favor of one of the parties.

Filing a claim with a court

Every father or mother expects love, attention or financial assistance from their son or daughter for their maintenance. But not every mother or father who needs certain financial resources can demand it in a judicial institution.

Can a father file for child support? According to the law, a claim for child support payments can be filed if there are the following grounds:

• if one of the parents is disabled. Dad or mom have a disability group, which is given by a medical social examination (MSE) or they receive a pension: from 55 years old - mom and from 60 years old - dad;
• the plaintiff's need. The degree of need is determined by living wage(PM). If mom or dad’s income is below the minimum monthly wage, then they need financial assistance from their older children;
• availability of paternity rights. The father must have parental rights or be restored to them;
• fulfillment of the responsibility for the financial support and upbringing of a teenager until the age of 18;
• the defendants are mature and working citizens of the Russian Federation;
• absent .

The procedure for collecting funds from older children

In what cases can a father receive child support? You can receive alimony transfers from an adult son or daughter when the magistrate’s court has made a similar decision.

That's why The first correct step should be to file a claim with a judicial institution. The claim must include the following information:

• the name of the court to which the claim is filed;
• personal information about the plaintiff - full name, place of registration, day, month and year of birth, family status, telephone contacts;
• information about the defendant - full name, place of registration, day, month and year of birth, where he works, marital status, telephone contacts;
• Title of the document;
• information about specific circumstances - the status of one of the parents (retired or disabled), the neediness of the mother or father (calculations of expenses and salary), information about the lack of financial assistance from older and working children;
• information about the absence of a settlement agreement on alimony payments;
• legality of claims (reference to laws);
• calculation of the amount for financial support of the father or mother;
• claim requirements – recovery from grown-up children specific amount in favor of 1 of the parents;
• list of documents provided to the court;
• signature of one of the parents;
• date of filing the claim.

Required package of documents

The plaintiff must attach the following package of documents to the claim:

• ID card of father or mother - plaintiff’s passport;
• a certificate indicating the date and place of birth of the adult son or daughter - the defendant;
• certificate of receipt of pension;
• MSEC statement on assigning a disability group to the plaintiff;
• a certificate of the amount of the pension or disability payment received by the plaintiff;
• a book about labor activity citizen of the Russian Federation (labor);
• calculations of expenses and salary amounts;
• photocopies of the claim and a specific package of documents - depending on how many parties are participants in the court hearing.

Where and how to file a claim

After filing a claim, the father or mother must apply to the magistrate’s court - at the place of registration of the father (mother) or son (daughter).

You can submit a claim and a specific package of documents yourself or through your authorized representatives. You can also send your claim by registered mail.

Execution of a court decision

Let's consider the issues of collecting alimony for the maintenance of parents from their children. We have already fully considered the issues of collecting support for our children. They also dwelled in detail on the situation when parents are required to participate in. However, children also have the responsibility to support their parents. Let's look at this responsibility in detail in this article.

Parents' right to child support

Parents have the right to receive help from their children. This right is established by centuries-old tradition, supported by custom and recognized by all religious denominations. In all countries, among all nationalities and nationalities, children are obliged to take care of their parents.

If children's care for their parents is a moral category, then the material component is supported by law. Parents' right to receive financial assistance enshrined in article 87 Family Code RF. Disabled parents who need such assistance have the right to receive alimony.

Current legislation understands disability as a citizen’s disability or reaching a certain age. Disability must be confirmed by an ITU certificate in the prescribed form. The age from which Russian Federation men are considered disabled, is 60 years old, for women 55 years old.

The concept of need includes the fact that parents do not have property and income to ensure their existence. Today the starting point of sufficiency Money can be considered the minimum subsistence level.

Collection of alimony for parents

Child support can only be collected from an adult child. Child support cannot be recovered from a child under 18 years of age. The second mandatory condition is that the child must be able to work. That is, he should not have an established disability group, or be younger than a certain age (remember, 60 years for men, 55 years for women).

Submitted to the magistrate in the prescribed form, in compliance with the requirements established by procedural legislation.

When determining the amount of child support, both the needs of the parent and the capabilities of the child are taken into account. Traditionally, the size of income, marital status of the parties, financial situation and the presence of additional obligations are taken into account. In addition, the court takes into account other possible forms of child care for their parents. Alimony is collected in a fixed amount, monthly, in equal payments.

If a claim for the recovery of alimony for the maintenance of a parent is filed against one child, the court, if there are other adult able-bodied children, involves them in participating in the case as defendants.

Exemption from parental support

In some specially specified cases, children are exempt from the obligation to support their parents. This refers to adult, able-bodied children.

Such cases primarily include loss of parental rights. If a parent is deprived of parental rights in relation to his minor child, after the child reaches the age of majority, such a parent does not have the right to receive alimony. When parental rights are restored, the obligation to pay child support in the future again arises.

The second case of releasing children from parental support is the parents’ evasion of parental responsibilities. That is, a parent, even if he has not been deprived of parental rights, may receive a refusal to satisfy claims for the collection of alimony from children if the court determines that he evaded raising the child and his material support. In practice, it will be enough for the child to submit to the court a certificate from the bailiff confirming the existence of arrears in the payment of alimony for long time from such a parent, which will serve as a basis for refusing the claim.

Is imposed on adult children;

The need for financial assistance lies in the fact that parents are not able to ensure their decent existence due to the lack of a pension or its low size, as well as due to the lack of other sources of livelihood;

Persons who have reached retirement age(men - 60 years old, women - 55 years old) and disabled people of groups I, II and III (Article 1 of the Law of Ukraine “On Compulsory State Pension Insurance”).

A claim for alimony may be brought:

To one of the children;

To several children;

To all the children together.

If a claim is brought against one of the children, the court, on its own initiative, has the right to involve other children in the case, regardless of whether a claim is brought against them or not.

Article 205 of the Family Code of Ukraine establishes that the court determines the amount of alimony for parents in a fixed monetary amount and (or) as a share of earnings (income), taking into account the financial and family status of the parties.

The amount of alimony is determined in judicial procedure depending on material and marital status parents and children. In this case, the court takes into account all the interests of the parties: the incapacity of the parents and their need for financial assistance, the financial situation of the children, the care of the children for their parents, etc. The receipt of pensions by the parents is also taken into account, state benefits, subsidies, parents having property that can generate income, etc.

Thus, in every specific case the court takes into account all types of earnings or income of both children and parents. Depending on these circumstances, the amount of alimony is determined. The court has the right to establish the amount of alimony in whole or in part, both in a fixed monetary amount and as a share of earnings (income). The choice of method for determining the amount of alimony may be influenced by various circumstances: instability of income, living abroad, receiving part of the income in kind, etc.

At the same time, the alimony that children pay to support their parents must, of course, ensure an adequate standard of living and the necessary conditions for existence. However, in modern conditions Serious illness, disability or infirmity of parents requires significant additional expenses that are not covered by the amount of alimony paid by the children. It is in order to avoid cases of financial insecurity of parents that Article 203 of the Family Code of Ukraine establishes the obligation of children to take part in additional expenses for their parents.

If children fail to fulfill their obligation to pay additional expenses, parents have the right to apply to the court to protect their rights. The court in each specific case determines the presence of one or more of the above circumstances based on the appropriate medical conclusion.

In exceptional cases, if the mother, father are seriously ill, disabled, and an adult daughter (son) has sufficient income (earnings), the court may decide to collect from them a lump sum or over a period of certain period funds to cover expenses associated with treatment and care for them (Article 206 of the Family Code of Ukraine).

Regarding the release of children from the obligation to support their parents, it should be noted that the specificity of the alimony obligation of adult children in relation to their disabled and needy parents lies in the direct connection of alimony payments with the past behavior of the parents in relation to the children. It would therefore be unfair to impose on children who have not received necessary care from parents, the obligation to support them.

In such circumstances, Article 204 of the Family Code of Ukraine provides that a daughter or son may be released by the court from the obligation to support the mother, father and the obligation to take part in additional expenses if it is established that the mother or father evaded fulfilling their parental responsibilities.

In exceptional cases, the court may award child support for a period of no more than three years. The maximum term (three years) is assigned if the court determines that the parents are evading their duties. This period is due to the absence of a legally established obligation for children to provide lifelong support to parents who did not fulfill their parental responsibilities. In the presence of exceptional conditions, such as the high material level of the children, sincere repentance of the parents (father, mother), the legislator has provided for the possibility of awarding such alimony.