To what age should child support be paid according to the Family Code of the Russian Federation? This is usually done with respect to minors. Upon reaching their eighteenth birthday retention ends. However, there are situations in life that are an exception to this rule. When they occur, child support for children over 18 years of age is also relied upon. When it's possible? Does the fact of full-time study at a university or school affect payments? What else needs to be considered? These and other issues are discussed in detail in the article.
When child support is paid for children over 18 years old
As emphasized in the provisions of Art. 85 of the IC of the Russian Federation, it is the duty of parents to support children who have reached the age of 18 if they are unable to work in order to provide for themselves. When there is no agreement on the payment of maintenance, its value is appointed by the judge in a fixed amount. It should be paid monthly. In this case, the family and financial situation of both parties to the dispute and their other interests, which the court can qualify as significant, are always taken into account.
From the above it follows the conclusion that child support for a child after 18 years of age is subject to recovery only when two conditions are met:
- The child is in need.
- He cannot make money without the help of others.
Both of these conditions must apply at the same time. In order to better understand the important nuances regarding the conditions for the payment of alimony when a child reaches the age of 18, we will figure out who the law classifies as disabled and needy citizens.
Disability determination
As stated in Art. 1 of the Law No. 181-FZ of 24. 11. 1995, the disabled include people with disabilities who have established one of the disability groups (I, II, III). It depends on the extent to which their health is upset. To obtain disability and establish the degree of loss of ability to work, you need, on the basis of Art. 8 of the above document, conduct a medical and social examination.
Important! The collection of alimony for children over 18 years of age is not dependent on which particular disability group is assigned.
Who are the needy?
When determining the need of a citizen, a number of such moments are taken into account:
- A person is not able to earn a living for himself.
- Pensions and other supplements that the state gives him are not enough to provide for immediate needs.
- Neediness is determined exclusively in a judicial proceeding, proceeding from all life circumstances of a specific person.
Important! The basis for the assignment of alimony for a child after 18 years can only be the disability established by the conclusion of the ITU, and the need confirmed in court. When an adult is disabled, but is able to work, he is not entitled to financial assistance. Just as means-free without disability is not enough.
Collection Methods: Peaceful Resolution
The termination of alimony payments for children over 18 years old may not occur if one of the events occurs:
- Signing an agreement based on the goodwill of the parties.
- Going to the court with a statement of claim.
If there is mutual agreement, as a result of which an agreement has been drawn up for the payment of maintenance to an adult child, any conditions are written in its text, including how old the child support will be paid.
Other conditions may include financing:
- In a fixed amount determined by the parties as a percentage of earnings, in terms of income, in the form of transfer of property of high value.
- Received 1 time per month, 1 or several times a quarter, per year, at a time.
- Subject to indexation in case there is a delay in payments.
- Transferred to a card or bank account sent by mail, issued by hand in person.
According to the law on alimony after 18 years, an agreement is signed between the child or his guardian (if incapacitated) and the parent. It must certainly be notarized, since such an agreement is checked for possible violation of the rights of each of the parties.
Collection Methods: Judicial Procedure
If the agreement could not be signed or it was drawn up, but is not performed by the payer of alimony, an adult child who is in need and is unable to work can go to court. If he is recognized legally incompetent by law, a guardian shall turn to the judge on his behalf. As mentioned earlier, maintenance under the law on alimony after 18 years is established in a fixed amount, and it must be paid once a month. The judge assigns the amount of the obligation as a multiple of the amount of the subsistence minimum in force in the subject of the Russian Federation where the recipient of the funds lives. If there is none, the minimum for the Russian Federation is taken as the reference point.
Claim for the recovery of alimony for children over 18 years old
The statement of claim should include the following points:
- The name of the court where the lawsuit is filed.
- Information about the plaintiff: name, place of residence, telephone.
- The same information about the representative (if any).
- Similar data owned by the defendant.
- Description of the essence of the circumstances that violate the legal rights of the plaintiff.
- Statement of facts on which the requirements are based.
- The amount of content that the plaintiff expects.
Depending on the circumstances surrounding the particular dispute, the following may be attached to the claim:
- Birth certificate of an adult child, which serves as confirmation of kinship.
- Certificate of marriage of parents and divorce (if any).
- Certificate confirming the assignment of a disability group.
- Documentation of income and expenses of the plaintiff to be secured.
- Documents confirming the defendant's earnings (if any).
- Instances of the claim by the number of participants in the process.
- A power of attorney for a representative certified in a notary's office.
Essential points of the claimed requirements
To properly draw up a lawsuit and increase the chances of success, it is advisable to pay attention to a number of important points:
- First, you need to be convincing in justifying the need for alimony. This is especially true of need. The plaintiff will need to describe in detail the income received by him (disability pension, surcharges) and show their relationship with life needs, which are not covered by payments from the state (medicines, utilities, nurse services, nurses, other payments).
- Secondly, it is necessary to seriously approach the collection of evidence. To do this, you must submit to the court, for example, checks for payment of expensive drugs, rehabilitation bills in a private clinic, prescriptions, an agreement with a caregiver.
- Thirdly, indicating the amount of claims in the lawsuit, a reasonable approach should be expressed that does not contradict the real life situation. This approach is based on taking into account not only personal needs, but also the capabilities of the obligated person - family and material - the amount of income, the presence of dependent persons, and health status.
Trial
Litigation on alimony is the responsibility of a magistrate's court located in the place of residence of either the plaintiff or the defendant - at the discretion of the first. An exception to the rule are cases in which the establishment of paternity or motherhood is necessary, there is a dispute about this, the amount of the claim is more than 500 thousand rubles, participation of other persons in the case is required.
Consideration of such cases takes place until the moment when one month expires from the day the claim is accepted. The court shall send the parties a notice of the place and time of the meeting. The decision comes into force one month after the date of its final execution (in the absence of an appeal). Such a decision should be implemented immediately. This means that the writ of execution is issued by the court immediately after the adoption of the decision. At the request of the plaintiff, he can be sent to the bailiff for execution.
Important! The fee for filing an application to the court for the payment of alimony from the plaintiff is not charged. Contribute it in the amount of 150 rubles oblige the defendant if he loses the case.
How debt is collected
After coming of age, you can recover not only the amount of alimony, but also the debt on it. Its value is determined by the bailiff. It proceeds from the amount of obligations that were previously established voluntarily or forcibly.
In the case of payments for adults, the debt is calculated in a fixed amount, based on the cost of living effective during the period of delay. If one of the parties objects to the calculation made by the bailiff, she may file a complaint against him.
Due to the fact that inflation, as a rule, nullifies the amount of debt, the legislator provided for the extension of the indexation mechanism to it. Her calculation, which is based on the amount of alimony recorded in the agreement or judicial act, is carried out in proportion to how the cost of living increased over the period of delay.
Limitation period
As in other situations concerning the collection of content, the collection of debt and the amount of indexation on it is carried out in a period not exceeding three years preceding the day of presentation of a writ of execution (agreement or writ). To get the debt you need to contact the FSSP with a statement.
Important! There is an exception to the rule establishing a limitation period of three years. It consists in the fact that restrictions are lifted if the obligations were not fulfilled through the fault of the alimony, as established by a court decision.
Alimony for an adult during training
Only for the reason that a child of 18 years old is studying full-time, he should not receive child support. Despite the fact that he is a student of a college, institute or schoolchild and has restrictions on his ability to support himself, this does not oblige his parents to support him. This conclusion follows from the rule on the simultaneous observance of the conditions of disability and need.
As for the second condition, then, as a rule, students are people in need. However, if at the same time they have not established one or another form of disability, the content for them is not provided for by law. This conclusion is confirmed by the Presidium of the RF Armed Forces in the Survey of 05/13/2015. Although the draft law on child support was extended to the State Duma on extending the period of payment until the end of training, regardless of the need and ability of the child, to date it has not been adopted.
Important! The law does not prohibit the drafting of a voluntary agreement that a parent agrees to provide assistance to a daughter or son until he or she completes education. At the same time, it does not matter whether students belong to people with disabilities in need or not.
Practical case resolution
The practice of courts on cases of child support for adult children today cannot be called sufficiently developed. But according to judges of the Supreme Court, for the most part, decisions on such disputes are made in accordance with the provisions of family law, which focuses not only on the facts of the plaintiff's disability and need, but also on the financial and marital status of the defendant.
Moreover, in some cases, there are negative aspects that relate to the maintenance of child support after 18 years, if the child is studying as a schoolchild or full-time student. Sometimes judges make a mistake, believing that they need to be paid before they reach the age of 23. An example is the decision of a justice of the peace, quashed by the court of appeal, in accordance with which the lawsuit filed by an adult was satisfied. He demanded that his father pay alimony due to the fact that, while studying in 11th grade, he was dependent on his mother. The father provided financial support to the former family irregularly.
What is the mistake of the court
The court of first instance decided to collect alimony equal to the one-time subsistence minimum applicable at the plaintiff's place of residence. From the materials of the case it follows that, in making the decision, the judge was guided by the financial situation of both parties, as well as article 9 of the Law No. 173-ФЗ dated December 17, 2001 “On Labor Pensions”. In order to apply this document, not only persons who are officially recognized as disabled, but also those who study in the afternoon up to 23 years, are considered as disabled citizens.
The Court of Appeal rejected this decision, pointing out a miscarriage of justice, as a result of which alimony was appointed upon reaching 18 years of study. Its essence lies in the fact that the list of the law on labor pensions indicates persons belonging to disabled members of the family of a deceased person who was the breadwinner. But this rule should not be applied when regulating family relations between an adult child and his father and mother. From this it follows that child support for a full-time student or a student who has reached the age of 18 but is not in need of a disabled person is not paid.
findings
The answer to the question of whether child support is paid after 18 years is positive. The following nuances are taken into account:
- It is necessary that two conditions are present at the same time: disability and poverty.
- The purpose of alimony does not depend on the assignment of a particular disability group.
- Content is assigned only in a fixed amount.
- Due to the fact that the new law on alimony has not been adopted, the study of an adult child in a full-time educational institution is not a condition for the appointment of content.
- Alimony obligations can be executed voluntarily in the form of a document having a written form and notarization.
- Upon reaching adulthood, it is possible to collect debts for alimony, given the three-year limitation period. It does not apply if the debtor is guilty of default.