Today, many mothers, because of unsuccessful marriages, are forced to raise their children alone. Everything is complicated by the fact that even alimentary payments, which are periodically received by ex-husbands, do not fully satisfy children's needs. In addition, when a child reaches the age of eighteen, they stop a priori. Are there cases where legislation provides for child support for adult children studying at a university? What are the main nuances? What is their significance in practice? These and many other questions can be found in the detailed answer in this article.
Law on Appropriate Alimentary Payments
Is it possible to recover child support for an adult child? Corresponding changes and additions that are expected in the Russian Family Code and relate directly to the extension of the period of alimony for those children who continue to study after crossing the age of majority have not yet been made (a new format law on alimentary payments after the age of eighteen has not yet been adopted ) So, the principles that determine the legal relationship in terms of alimony in 2017 did not change.
In accordance with Articles 80 and 120 of the IC of the Russian Federation, parents are obligated to provide materially only minor children, therefore, when they reach the age of eighteen, maintenance payments cease. Why aren’t children supported after 18? Today it is believed that an adult teenager gains independence in decision-making and appropriate actions, as a rule, he is able to fully take care of himself and satisfy his own material needs.
Which children are considered adults?
It is important to add that the collection of alimony in a fixed amount of money is excluded not only in relation to adult children, but also for those who have not yet turned eighteen, but they have already acquired absolute capacity. When it's possible? Firstly, cases of marriage before reaching adulthood are very relevant today; secondly, the concept of emancipation is often found in society, which implies the acquisition of absolute capacity by a child under the age of eighteen, but over the age of sixteen, who carries out labor activity in accordance with a contract or develops his own business (entrepreneurship).
Is it appropriate to recover child support payments after eighteen years?
Despite the above facts, the collection of alimony in a fixed amount of money is nevertheless provided for by certain norms of the Family Law of the Russian Federation. Thus, the obligation to pay child support after a child has reached the age of majority rests solely with the parents whose child is disabled or in fact needy. The necessary conditions for the recovery of maintenance payments and the issue of their extension can be studied in this article.
Terms of maintenance payments for adult children
To begin with, it should be noted that in any case, child support for a child who has reached the age of eighteen years is not considered a continuation of the relevant obligations. This type of recovery is fundamentally different.So, today certain conditions of a binding nature for making such payments are known.
- The child is eighteen years old, but he is considered to be disabled, temporarily due to illness or permanently as a disabled person of the first or second group (the third disability group is not a good reason for assigning child support payments, because his working capacity is reduced, but not a priori) .
- A teenager, one way or another, is in need of additional material assistance. It is important to add: the current law does not fully disclose the concept of need, therefore, the ratio of the needs of the child to his financial situation is assessed by the court on an individual basis. For example, child support for adult children studying at a university, the payment of which is voluntary, or mandatory child support payments for those whose sole income is disability benefits. It is necessary to add that its amount, as a rule, is not enough to cover the needs for food, medicines, clothes, and so on.
Actual additions
It is important that for the recovery of maintenance payments, all of the above conditions must be carried out at the same time. Otherwise, evasion of alimony may be justified. It often happens that a disabled person purposefully finds a job and successfully moves up the career ladder when a healthy child requires alimentary payments, not wanting to find a job. By the way, not only the children themselves, but also the parents caring for them can enjoy the right to receive alimony in case of the relevance of the above points.
Recovery of maintenance payments for a child over eighteen
By the way, alimony for adult children studying at a university, or another type of payment related to children who have reached the age of eighteen, are not an extension of an automatic nature. Such penalties serve as a fundamentally different direction of the relevant issue. What to do in this case? In order for, for example, a full-time student to be able to receive child support for his own content, upon reaching adulthood he needs to file a new lawsuit or draw up a new agreement regarding maintenance payments.
What collection order to choose?
As you know, Russian law establishes two methods for collecting child support payments upon reaching the age of majority. So, a voluntary procedure involves the formation of the size, accrual method, regularity of payments through the conclusion of the relevant agreement, which is executed in writing and must be certified by notaries. When evasion of alimony is relevant, then their recovery, as a rule, occurs in court.
Alimony payments for adult children continuing their studies at the university
As it turned out, the Russian Family Code fully makes it clear to society that it is not worth counting on child support payments after a child reaches the age of eighteen. Thus, article 80 says: “Parents undertake to support their children under the age of eighteen,” and the second paragraph of article 120 reads: “Alimony payments collected in court shall cease after the child reaches the age of eighteen (full age).” This means that alimony payments for children who are not yet 23 years old, but they continue to study at the university, are provided exclusively on a voluntary basis.
Who pays for the child’s education?
How many years are they paid if, after reaching the age of majority, the child continues to study? Who provides his livelihoods? As it turned out, child support for adult children studying at the university and absolutely able-bodied is provided exclusively on a voluntary basis. This suggests that far from always the fact of payments has a right to exist. No one can argue with the fact that a loving parent who does not live with the child will provide for him in any case, and that the irresponsible parent, one way or another, will refuse such a procedure. That is why the provision of the child by the parent who educates him all the time stops only at the end of the university, when the child has a real opportunity to earn money and satisfy his own needs.
Recovery of child support for a student
It is important to note that today there are several legal methods for collecting child support payments for adult children studying in universities, including:
- Alimentary payments of a voluntary nature (as a rule, they are made until the teenager is 23 years old). This applies only to those parents who independently decide to support their own child financially during their education at a higher educational institution. It is important to note that this kind of agreement is made orally, and the money is transferred directly to the teenager so that he can not deny himself anything. Undoubtedly, this act on the part of parents is considered at least highly moral. By the way, execution of recovery of alimentary payments of a voluntary nature is also possible in writing (through the conclusion of an appropriate agreement). So, this paper provides for a form of payment (a fixed amount or some part of the parent's earnings), their regularity, and, of course, the terms. In such a case, the actual parties to the agreement are the payer himself and his adult child.
- Alimony payments in the direction of an adult child due to disability (disability) or need, which, as a rule, are appointed by the court. It is important to note that the two above conditions must be relevant at the same time so that the judicial authorities can satisfy the relevant claim. In order to assign this category of alimony, it does not matter at all whether the child is studying at a higher educational institution. Moreover, in the case of employment and salary by a teenager, the right to alimony in relation to him is canceled.