Children left in the care of one of the parents have the right not only to receive monthly maintenance. In addition to the amount of alimony established by the court, in certain circumstances the child has the right to receive additional sums of money to the main content. Since both parents are required by law to participate in the financial support of their children, in addition to monthly payments, other payments may also be collected in favor of the parent with whom the children live. Additional expenses for the maintenance of the child in addition to alimony may be required due to different circumstances.
The provisions of Art. 86 of the Family Code of the Russian Federation
Family law provides for:
- The possibility of collecting alimony for additional expenses for the child from any of the parents, in the event of special circumstances in the life of a minor.
- The procedure for collecting content, its amount and frequency of payments in the absence of an agreement between the spouses or of an oral agreement is established in a judicial proceeding on the basis of a lawsuit filed by the father or mother of the child (children).
- The court may recover not only the amount of alimony, based on the actual costs incurred, but also the amount of money that will be spent in the future.
Conditions for recovery
Among the circumstances in connection with the onset of which there is a need for alimony for additional expenses for the child, there are:
- a serious illness of a minor (for example, if it is diagnosed after a divorce);
- receiving by a minor or an adult disabled child of any injury or serious injury;
- the need for outside child care, requiring a certain fee;
- other circumstances requiring additional investments.
The list of types of additional expenses for children is not exhaustive.
When are they recovered?
You can recover child support for additional costs for a child at any time when exceptional circumstances have occurred.
For example, this can be done when the parent, the guardian of the child, has already made most of the costs associated with the treatment, rehabilitation or prosthetics of the patient or the injured child, but in the future a number of subsequent measures are planned that require costs.
Then the parent, having made a preliminary calculation of expenses, has the right to recover part of the funds already spent on the child, as well as additional payments for planned activities.
Opportunities for additional support payments
As a rule, the disease of a common child brings his parents closer together, unites their joint efforts to achieve a common goal, however, there are exactly the opposite cases in life.
Conscientious parents can always voluntarily agree to pay not only the basic monthly maintenance per child, but also the joint distribution of additional costs.
There are two ways to do this:
- by oral agreement of both spouses;
- by written notarized agreement of both parties.
An agreement certified by a notary acts as an executive document. If the parent evades the fulfillment of the contract, the law provides for the possibility of enforcement measures.
If the spouse flatly refuses to help his sick or disabled child, you must go to court and oblige him to fulfill his parental duty.
Judicial Enforcement Procedure
The consideration of claims for the recovery of additional amounts of content is reserved for courts of general jurisdiction. You can apply with the appropriate section of the world court at the place of residence of any party (defendant or plaintiff).
As well as statements on the collection of monthly maintenance for minors, the document on the collection of additional expenses is not subject to state duty.
The content of the claim for alimony for additional expenses should include a number of obligatory details and corresponding references to the rules of law.
In this case, the main base article is Art. 86 of the Family Code of the Russian Federation.
In the narrative, the plaintiff sets out the circumstances that compelled him to apply with similar requirements, the reasons, as well as information about the costs and expenses already incurred in the future.
The petitioning part of the application must contain the essence of the requirements, indicating the amount of payments necessary for the maintenance of the child.
application
Before applying for child support for additional expenses for the child, the applicant should collect all documentary evidence of the need for recovery. The documents attached to the claim will serve as evidence of the validity of the claims stated by the parent. In addition to mandatory applications (for example, a copy of a birth certificate, a copy of a passport, a doctor’s opinion), the plaintiff submits to the court all his payment documents confirming the amount of expenses incurred, medical extracts and recommendations proving the need for further treatment, and, therefore, additional expenses associated with it.
The court will not accept the verbal justification of the stated requirements, so you should carefully prepare for the hearing.
Who is entitled to claim additional costs?
In addition to the family of the father or mother of the child, other legal representatives of the minor are entitled to apply to the magistrate’s court:
- a guardian or trustee previously appointed by the court (for example, if parents are deprived or limited in rights);
- a government agency (e.g., an institution where a child is left without parental care).
Amount of content
In accordance with the provisions of the Family Code, in the absence of an agreement between parents, the amount is determined by the court.
The amount of alimony, additional expenses for children will depend on a number of important conditions:
- the property and marital status of the spouse from whom the content is exacted;
- the validity of the claims made by the plaintiff (availability of the grounds provided by law);
- evidence base presented in support of the claim.
In this connection, the court may refuse?
Certain categories of expenses, unreasonably presented by the plaintiff, may become the basis for refusing to satisfy the parent's appeal. Among these costs, the following can be distinguished:
- expenses of the parent for utility bills and tax payments;
- funds spent on learning or visiting a kindergarten by a kid (on visiting additional educational institutions, circles, as well as paying for tutoring services).
Such circumstances are not recognized by law as exceptional; therefore, they cannot serve as a basis for collecting alimony for additional expenses for a child.
Other methods of collection
If the parent with whom the child lives and is raising experiences difficult life circumstances, but does not have sufficient grounds to recover additional content, a way out of this situation may be to review the amount of child support already collected from the defendant.
Suppose a parent receives monthly maintenance in the amount of the statutory percentage of the total income of the defendant, but funds for the maintenance of the child are sorely lacking. In this case, the former spouse receives a fairly good income from sources not related to the implementation of labor activities at the main place of work, and does not deny himself anything.
In this case, the parent has the right to apply to the court with a claim for the recovery of alimony in a fixed (fixed) amount of money sufficient to cover all expenses associated with the maintenance and training of the minor.
In addition, the plaintiff has the right to demand a portion of the income of the former spouse received from sources other than labor (for example, from the sale of real estate, participation in the organization, receiving funds from the sale of the inheritance received, income from renting property, funds from entrepreneurial activities and other types), if the parent evades the voluntary payment of part of such income.
Summary
Additional amounts charged to common children, both in court and in voluntary, by oral or written agreement of the parents, are related to maintenance payments and are extraordinary. They can be held, both for a certain time, and established indefinitely.