All maintenance obligations stipulated by family law, in one way or another, are associated with the support of categories of citizens in need of protection, the main of which are minor children. In addition to parents, close relatives are also attracted to them. We give a general description of the maintenance obligations of other family members and a description for each group separately.
Duties of brothers and sisters
These persons have financial support responsibilities in accordance with Art. 93 SK of the Russian Federation. Mandatory conditions:
- the impossibility of adult children receiving content from their parents;
- working capacity and full legal capacity of brothers and sisters.
From the meaning of Art. 93 it follows that the legal representative of a minor has the right to go to court and recover child support from an adult able-bodied relative. At the same time, disabled adult children are also endowed with the same right.
When can I recover money from my brothers and sisters?
An important condition for the recovery of alimony from this group of persons is that they have a real opportunity to provide material assistance. To do this, the defendant must be an adult with a regular income as a citizen. Otherwise, going to court makes no sense.
The legislative norm does not specify the degree of kinship of brothers and sisters, which implies that we are talking about both full and half relatives. Such are considered children born from the same parents, or children having one common parent. That is how the law interprets close kinship. As for the stepbrothers, similar family ties are usually not considered due to the lack of blood relationship in children.
Such a need may arise due to the death of parents, or recognition of them as missing, as well as due to the impossibility of establishing their whereabouts or when they are wanted. By law, a minor who is left without parents must have a guardian or trustee. Sometimes such is a family member from among close relatives, and in the absence of a suitable candidate from the side of the relatives, the guardian is the state represented by the orphanage or another state institution that contains a minor. It is the official representative of the minor who is vested with the right to act in his interests with respect to the recovery of content.
Of particular note are situations where the parents of a child under the care of the state are deprived of their rights. By law, such a fact is not a basis for exemption from maintenance obligations. Nevertheless, in practice, most of these parents either maliciously avoid paying maintenance to their children, or are physically and financially unable to do so. In this regard, the maintenance obligations of other family members seem to be the most realistic way out.
Grandparents duty
As in the previous case, alimony from grandparents is recovered in the presence of two basic conditions:
- the child’s inability to recover financial support from his parents or spouse (if the grandson is an adult);
- blood relatives have a real financial opportunity to help grandchildren.
The right of grandchildren to receive maintenance from their grandparents is enshrined in Art. 94 SK of the Russian Federation.The legislative norm indicates that in the event of a grandson's disability, this right shall remain with him after reaching the age of majority.
Thus, until the child reaches the age of eighteen years, his legal representative has the right to file a claim for the recovery of alimony from his grandfather or grandmother. In the absence of a child’s parents, a representative may be his guardian or trustee from among close relatives, or representatives of state bodies. For example, a brother or sister who is in the care of a minor child has the right to apply to the court and recover the content from these relatives. These are infrequent cases, but quite real, if relatives have sufficient financial means.
It is worth focusing on this option. Suppose a child, for one reason or another, does not have a father with whom, according to the law, it is possible to recover child support, but there are wealthy grandparents. In this case, the mother of the child has the right to file a lawsuit and recover the content from them.
Another option relates to disabled grandchildren who have reached the age of 18 years. The exact same alternative to alimony obligations of other family members is briefly discussed in Art. 93 SK of the Russian Federation. According to regulation 7 Post. Plenum of the Armed Forces of the Russian Federation No. 56 dated 12/26/2017, the concept of disability referred to in certain provisions of the IC of the Russian Federation regarding maintenance implies adults who have lost their ability to work due to disability, as well as citizens who have reached retirement age.
Based on this interpretation it follows: an adult child, recognized in accordance with applicable law as a disabled person of the first, second or third group, has the right to submit a claim for financial support to his grandparents. In such cases, the plaintiff acts directly as a grandson or granddaughter, and if recognized as incapable persons - a guardian officially appointed by the court.
Features of consideration of cases on the collection of alimony from other family members
The same Resolution of the Supreme Court contains the conditions to which the court draws attention when considering such claims, namely:
- The financial condition of the plaintiff and defendant. When assigning the content, as well as determining its size, the court takes into account all the incomes available to the parties, including the amount of property owned by each of them.
- Marital status of the defendant. In the course of consideration of the stated requirements, the following fact is taken into account: are there dependent minors or other disabled citizens.
- The need of the plaintiff. This side of the issue is considered taking into account the existing needs of a disabled citizen.
- The possibility (impossibility) of collecting money from parents or spouse.
- Alimony obligations of other family members are recovered taking into account other circumstances of significant importance, including: whether the defendant is able to work, whether the plaintiff is likely to recover, and whether the plaintiff (grandson or granddaughter) committed intentional wrongful acts against the defendant (grandparents) deeds.
Grandchildren's Duty
It is fixed in Art. 95 SK of the Russian Federation. The provision of this article defines the following conditions for the recovery of maintenance obligations from family members for the maintenance of their grandparents:
1. The disability of the plaintiff. In this case, the disability of grandparents means compliance with those specified in the Post. Plenum of the aircraft requirements:
- the plaintiff has reached retirement age;
- assignment to the plaintiff of a disability group.
Moreover, these grounds may be applied individually or in combination of conditions allowing to apply to the court with requirements for the recovery of content.
2.The inability to receive financial assistance from adult able-bodied children or spouse.
Thus, a needy relative (grandparents), if there are sufficient grounds for satisfying the claims, has the right to recover content from the grandson or granddaughter who has financial capabilities. At the same time, only the blood relatives of the plaintiff, that is, the grandchildren, are the defendants in the case of collecting maintenance obligations from other family members.
The duty of pupils
The concept of actual education implies maintenance, education and other duties performed by citizens in relation to minors. The considered persons can be both relatives and completely strangers to children.
The responsibility of the pupils in the maintenance of their disabled teachers is determined by Art. 96 SK of the Russian Federation. The legislative norm indicates that official guardians, guardians, and also foster parents do not belong to the category of caregivers, since the concept of caregiver implies voluntary gratuitous performance of the parent's duties in relation to a minor child. An example of the fulfillment of such duties is the implementation by a distant relative of supervision (upbringing, maintenance) of a child left without parental care.
Among the conditions allowing the occurrence of such a right, Article 96 defines the following:
- the teacher’s lack of ability to receive content from his own able-bodied children or spouse;
- incapacity and need of a tutor;
- fulfillment of parental duties in relation to the pupil for more than five years;
- proper upkeep and upbringing.
Moreover, the law does not disclose the concept of “proper upbringing”; therefore, it can be assumed that improper fulfillment of parental duties by a teacher implies evasion to one degree or another from their fulfillment. For example, inadequate financial support, failure to provide the treatment necessary for the child, as well as evasion of the minor in the educational process. All this, as well as a short period of educational activity can serve as the basis for refusal.
It is important to note the fact that the provisions of Art. 96 do not contain conditions regarding the financial solvency of the pupils, indicating only the availability of the defendant's ability to work, which can be considered a favorable condition for the recovery of alimony.
Duties of stepdaughters and stepsons
According to Art. 97 of the IC of the Russian Federation, such a duty arises subject to the following significant conditions:
- proven need of the plaintiff;
- sufficient material security of step-children;
- the inability to recover content from able-bodied children of their own adult;
- proper performance by the stepfather or stepmother of parental duties;
- fulfillment of responsibilities for the maintenance and upbringing of step-children during a period of time exceeding five years.
Thus, in case of non-compliance with at least one of those specified in Art. 97 conditions of maintenance obligations from other family members, the defendant appears to challenge the plaintiff's claims.
Collection procedure
A general description of the maintenance obligations of other family members is contained in chapter 15 of the RF IC. The implementation of legislative norms is carried out in the same manner and on the same basis as the sale of other financial debt in content.
Such claims are filed at the place of residence of the defendant, and in the absence of information about his place of residence - at the place of residence of the plaintiff. At the same time, like other alimony requirements, are not subject to state duty.
Art. 98 of the IC of the Russian Federation provides an opportunity to determine the order of payment of content at the discretion of the parties, that is, in the following ways:
- by mutual agreement - by concluding a notarial agreement;
- in case of disagreement of the defendant - in the proceedings.
Moreover, in the second case, the amount of the content and the possibility of its recovery is determined by the court. Alimony obligations from other family members are legally recoverable in a fixed amount of money payable to the plaintiff on a monthly basis. In addition, when determining the amount of content, the court takes into account the number of defendants. At the same time, the amount of the amount of content recovered from each of them is determined taking into account the financial and marital status. The same article indicates that the court in determining the amount of content has the right to consider all defendants, regardless of whether a lawsuit has been brought against each of them.
Conclusion
Chapter 15 provides an exhaustive list of family support obligation groups. To understand all the nuances, you need to contact an experienced lawyer in the field of family law. This is the only way to achieve justice in court and exercise their rights.