Today, many mothers in connection with unsuccessful marriages are forced to raise their own children alone. The conditions are complicated by the fact that even alimentary payments periodically received from ex-husbands do not fully satisfy the needs of the babies. In addition, after a teenager reaches eighteen years of age, they cease altogether. At what point is child support awarded?? Are there situations where legislation provides for child support for children who have reached the age of eighteen and who are studying at a university? What is their significance in a practical sense? You can find answers to these and other equally interesting questions in this article.
Current law
Is it possible to recover child support payments for an adult child? It is important to know that the relevant additions and amendments that should be expected in the Family Code of Russia relate directly to the extension of the period for the payment of alimony for those who continue to study after reaching adulthood. At present, they have not been submitted (in other words, the new law on payments after the child is 18 years old has not yet been adopted). Thus, the principles that determine the legal relationship regarding alimony have not changed in the current year.
According to Articles 80 and 120 of the current Russian Family Code, parents are in one way or another obligated to provide only minor children with material support (child support is awarded from the moment of going to court). That is why when they reach eighteen years of age, payments cease completely. An interesting question is: why do not rely on child support for adolescents after reaching the specified age? Currently, it is believed that an adult child has absolute independence in terms of decision-making and implementation of actions. He is able to take care of himself, as well as satisfy the urgent needs of material nature.
Who equates to adults?
It is important to know that alimony is awarded from the moment of going to court, and their recovery in a fixed amount of money is excluded not only for adult children, but also for those teenagers who are 18 years old, but subject to the acquisition of their full legal capacity. In what situations is this possible? To begin with, it should be noted that today cases of marriage up to 18 years are quite relevant. Secondly, the concept of emancipation is often found in society, which implies the acquisition of full legal capacity by a child who has not reached the age of eighteen, but has reached the age of sixteen. So, he must carry out labor activities in accordance with the contract or develop his own business (engage in entrepreneurship).
Recovery of child support after 18 years
Despite the above facts, the collection of alimony in a fixed amount of money is somehow provided for by specific norms of the Family Law of the Russian Federation. So, child support awarded by the court from the moment entry into force of a court order regarding this matter. The obligation to pay after a teenager reaches eighteen years of age rests solely with the parents whose child is disabled or is actually in need. The current conditions for the recovery of alimony, as well as their extension, can be found in this article.
Payment Terms
As it turned out, child support is awarded from the moment appeals to the court.You should be aware that in any case, child support payments for a child who has reached the age of majority are not considered a continuation of these obligations. The named type of recovery is fundamentally different. Thus, today specific conditions are known that are mandatory for the implementation of this type of payment:
- The teenager turned eighteen.
- He is incapable of work (temporarily, due to illness, or permanently as a disabled person of group 1 or 2 (disability group 3 is not considered a good reason for assigning alimony payments to a person, because his working capacity is reduced, but not absent altogether)).
- The teenager in any case feels the need for additional material assistance. It is important to know: the current law does not fully reveal the definition of need. That is why the correlation of the needs of a teenager and his situation in the material plan is assessed by the judicial authorities on an individual basis, child support is awarded from the moment appeal to the named body. Suppose these are payments for adult teenagers studying at a university that are voluntary, or child support payments of a mandatory orientation for those people whose only income is disability benefits. It is important to add that its amount is usually not so large as to cover the needs for food, medicines, and clothing.
Interesting to know!
As it turned out, Alimony is awarded from the moment you apply to the judiciary. It is important that for the collection of payments all the conditions listed above must be present (at the same time). Otherwise, evasion of cash may be justified. It often happens that a disabled person purposefully finds a job, after which he successfully moves up the career ladder, while a healthy teenager requires alimentary payments, while not wanting to find a job. It is interesting to know that the right to receive payments with the relevance of the points presented in this chapter can be applied not only to adolescents themselves, but also to parents who provide care for them.
Collection of alimony for an 18-year-old teenager
Alimony is awarded from the moment it enters into force. relevant court order. However, it should be remembered that payments for adult children enrolled in a university, or any other type thereof, related to children who have reached the age of majority, are not extensions of payments that are automatic in nature. Such deductions are considered a fundamentally different direction of the analyzed issue. What to do in case of circumstances? In order for, for example, a full-time student to be able to receive payments for his own content, after reaching the age of 18, he needs to file a new lawsuit or draw up a second agreement of an appropriate nature.
Voluntary and judicial recovery
As you know, Russian legislation establishes two methods for collecting child support payments for a teenager after he reaches the age of eighteen. So, a voluntary procedure involves the formation of the size, accrual methodology, regularity of cash payments through the conclusion of the relevant agreement, which, incidentally, is executed in writing and must be certified in notarial structures. When tax evasion is relevant, child support awarded from the date of entry into force court order. So, in the second case, the appeal to the judicial authorities is relevant.
If a child continues to study at a university
It turned out above that the current Family Code of Russia makes it possible for society to fully understand that it is most likely not worth counting on payments when a teenager reaches 18 years of age.So, it can be added that article 80 of the IC of the Russian Federation contains the following information: “Parents are in one way or another obliged to support their own children under the age of 18,” and paragraph two of article 120 says: “Payments collected in court, in any case terminate upon reaching adulthood by an adolescent (eighteen years old). ” This means that child support for those who are not yet 23 years old (but they continue to study at an educational institution) is provided only on a voluntary basis.
Who pays for tuition?
Alimony is awarded from the momentand going to court, issuing a court order, and until the child reaches the age of 18. But how can he provide his own studies? How many years are they paid when, after reaching the specified age, the teenager continues to study? As it turned out, alimony payments for adults studying in educational institutions and fully working are provided for in a purely voluntary manner. This provision says that the fact of payments is not always vested with the right to exist. No one will argue with the fact that a loving parent who does not live with a child, one way or another, will fully provide him. However, being irresponsible, in any case, he abandons the named procedure. Therefore, the provision of the teenager from the side of the parent raising him stops exclusively at the end of the educational institution, when the former student gets a real opportunity to earn money independently and satisfy his own needs.
Collection of child support for a student child
It is important to know that today there are a number of legal methods for collecting child support for 18-year-old children studying in educational institutions, including:
- Payments of a voluntary nature (usually they are relevant until the child is 23 years old). This provision applies only to those parents who independently decide to support their child financially during his studies at an educational institution of higher education. It is important to add that the said arrangement is carried out orally, and the money is transferred exclusively to the teenager so that he has the opportunity not to deny himself anything. It should be added that execution of a penalty for alimony payments of a voluntary orientation is also possible in writing (by concluding a written agreement). Thus, the submitted paper describes the form of payments (a fixed amount or a specific part of the parent's salary), their regularity and, of course, the timing. Here, the payer, as well as his adult child, are considered the parties to the agreement.
- Alimony payments for an adult child due to disability (disability) or need, as a rule, are assigned by the judicial authorities. In other words, child support is awarded from the moment it takes effect court order. It is important to know that the two conditions presented above must be relevant at the same time so that the court can fully satisfy the relevant claim. For the purpose of assigning this category of alimony, it does not play any role whether a teenager is studying at a higher educational institution or not. In addition, in the case of employment and further receipt of wages, the right to receive child support by a teenager is completely lost.