Art. 120 of the IC of the Russian Federation prescribes general grounds for recovery. So, periodic or monthly expenses are entitled to receive former or married spouses to provide for children and their personal needs. Parents who have reached retirement age also have the right to apply for financial support by their children, subject to a number of requirements.
General provisions on obligations: who owes to whom?
This is a regulated legal relationship between two parties that conclude a contract for the provision of material assistance, or are required by a court decision to provide minimum living conditions, expressed in monetary terms. Based on Art. 120 of the Insurance Code of the Russian Federation, the parties voluntarily agree to impose a certain amount of penalties, and also terminate maintenance obligations in relation to each other.
- If payments are provided for minor children, the court shall appoint the alimony to pay a monthly amount in the prescribed amount until they reach the 18th birthday.
- Early termination of a court decision is possible upon adoption of a child by an unauthorized citizen. Alimony relations between spouses are established for the period of incapacity for work of one of them while he is caring for common children.
- The termination of duties will be the restoration of the ability to work, even if the baby has not reached the age of 3.
The law says that alimony is also required to be paid by the parents of the alimony payer (grandparents) if the father / mother is not able to make monthly deductions or there is evasion of obligations. In this case, the parent is deprived or limited in his rights until the cause is eliminated.
In other cases, the conditions and calculation of alimony are regulated by the legislative and legal framework, taking into account the wishes and requirements of one of the parents or guardians of the child.
Art. 120 of the IC of the Russian Federation identifies several types of such obligations. There are main groups:
- Between both parents and children based on chapter 13 of the Family Code.
- Responsibilities between married spouses and those who are already divorced. The position of hl is regulated 14 SK RF.
- Between the rest of the family on the basis of Chapter 13 of the RF IC.
- Obligations to support parents who are not capable of self-support. Regulated by sections 13-14 SK RF.
Any obligations between family members affecting the conditions for the payment of cash benefits are determined and appointed by the court in civil or criminal procedure. If, for example, a former spouse (father of children) is found guilty of malicious evasion of child support, and this led to a difficult situation for the family (poor health), the court has the right to re-qualify the Civil Code article in the criminal art. 157 of the Criminal Code and based on the Federal Law No. 182.
Signs of maintenance obligations: what does the law say?
The characteristic features of obligations to pay penalties are:
- Use of money for various personal needs.
- The collection is terminated in connection with the death of the recipient or authorized person.
- They are long lasting.
- Their norms and sizes are established by the law of the country in which they must be paid.
- They are gratuitous, mutual nature does not make them reverse.
Equivalent to legal grounds, the amount of payments may be increased or extended if the children or the parent has a degree of disability of categories I, II or III.If necessary, one of them may extend the voluntary maintenance of the former spouse, if the child is registered at a university or undergoes an internship abroad. For such conditions, a certificate of incapacity for work and an extract from the register of the educational institution are required.
Child Support Procedure: Court Decisions
According to judicial practice under Art. 120 SK RF, the payment of money for the maintenance of children or ex-spouse is regulated by a voluntary agreement between two parents. If this is not the case, then the court assumes the right to establish the amount of alimony and to enforce the penalty by putting a writ of execution in production.
Alimony obligations of the present and former spouses are prescribed in Chapter 17 of Art. 106-120 of the Family Code of the Russian Federation. So, if there is a notarized agreement between the parties, it is valid if the amount is set to more than 50% of the alimony payer's income. If the parties have not agreed, the court issues a decision and a writ of execution is issued. The former or current spouse has the right to apply to the court for the collection of alimony in a compulsory form, if the parent does not fulfill his direct responsibilities for the maintenance of children.
Comments on Art. 120 of the IC of the Russian Federation say that when a writ of execution is handed over to a court, the bailiff has the right to arrest and freeze all alimony accounts until all debts are paid.
In the absence of funds in personal accounts, the representative of the law imposes a temporary arrest on property that is owned by the parent.
In case of enforcement:
- The debtor withholds the amount in the form of% for the payment of the services of a bailiff.
- He loses the right to repay loans and other debts until funds for children and spouses are deducted from the account.
The parent, with whom the heirs remained after the divorce at any time before the coming of age of each of them, has the right to apply to the court with a request for the grant of alimony.
The child payer may waive the parental rights obtained in court for an anemic child (adopted) at any time. After that, all obligations are terminated. The child receives a new certificate with a dash in the column "father", and the former parent is deprived of the possibility of adoption for 2 years.
A voluntary form of recovery is provided for by the contract between the spouses. The document must be certified by a notary. Termination of obligations is possible only with the consent of both parties. Forced collection involves withdrawing money from all alimony accounts. If they were grandparents, the deduction is carried out in equal shares, and the amount for each side will be 50% of the total amount of alimony.
Obligations in family law and their change upon entry of special circumstances
Based on the explanations to Art. 120 of the IC of the Russian Federation, the termination of maintenance obligations is permissible if a person has to pay maintenance for children. In the event of special circumstances, the parties may come to new agreements or recognize the changes as fundamental for recalculating the amount of penalties.
These circumstances include:
- Birth of a child / children with an alimony.
- Change in wages.
- Deterioration of health.
- Getting disability.
- Loss of source of profit or reduction in item.
- Forced termination of work (due to a relative's illness).
If income remains the same, the court will not reduce child support due to the birth of children in another marriage. When restoring disability, a citizen will regain his obligation to recover child support.
Termination of Alimony: Full and Partial Exemption
For this action, the grounds indicated in Art. 162 SK of the Russian Federation. So, if a person receiving alimony reaches the age of 18, becomes able-bodied before and after this age, the parent is relieved of his duties.Also, the death of the recipient or adoption by another citizen are legal grounds for the suspension of payments.
The previous section describes the conditions for changing the amount of alimony for payers, as well as the peculiarities of cases when they are released permanently or temporarily from liability.