It is generally not difficult to receive alimony for a child if his age has not yet reached 18 years. But if the baby is disabled, the size of the payments can be assigned in an amount slightly larger than usual. How to properly apply for child support for a disabled child, what are the conditions for this, a list of necessary documents and subtleties of appointment - all this is described in the article.
Important points
Raising a disabled child is a very difficult task, which constantly requires titanic efforts and costs from parents - both material and mental. Quite often, it happens that one parent does not bear this burden and leaves his family. As a rule, this is what the father does.
Undoubtedly, in this case, one should sue to recover alimony from such a daddy or enter into an agreement that means that the parents agree without a court.
In general, alimony is a cash allowance that either the father or the mother of a child is simply obligated to pay for its maintenance until adulthood according to the Family Code of the Russian Federation.
If a grown-up child is educated or is disabled, then the payment period must be extended. That is, this extension is subject to certain conditions.
Alimony Assignment Forms
So, if the child is disabled, what kind of child support him laid?
- Cash amount - provided that the financial situation of the payer is unstable, or income is received in foreign currency, or he works abroad and his income is not clear.
A payment in a fixed amount is also assigned if the amount of income fluctuates or is measured in kind.
- In shares of the income received - All types of earnings are included (as a rule, this is only the official part of it, because it is rather difficult to prove other types of income).
When the father (most often) is charged with the obligation to pay child support through the court, it takes into account not only the financial situation of the future payer, but also the financial condition of the second party, as well as the degree of health of the baby and the parent (usually the mother) who remains with him .
More or less?
Do they remain constant (in the agreed amount or part of the father’s income) child support for a disabled child?
The conditions described above may change from time to time. Therefore, the amount intended for payment can both increase and decrease (subject to additional filing of an application with the court).
When a child is disabled, the state of his health is necessarily taken into account, because a lot of money is required for treatment, surgery or rehabilitation.
We also take into account situations when the baby needs constant care, that is, the parent remaining with him cannot go to work. There is a possibility of transferring alimony to an adult with disabilities - in certain cases.
Rights to receive
So who has the right to receive child support? Disabled because it needs special care? Definitely - the parent with whom the baby was left under the current conditions:
- the baby is not yet 18 years old;
- the child celebrated his 18th birthday, but he is disabled, incapable.
Alimony for the mother of a disabled child also takes place. The spouse also has the right to receive alimony, which now needs to sacrifice her own earnings in order to devote herself and all her time to caring for a disabled child until he reaches the age of 18.Such a situation may arise: the caring parent is quite able-bodied, but he cannot work, as before, for example, full-time. Then the payer of alimony is obliged to pay money for the maintenance of the former spouse.
How can I receive child support?
According to the law, there are two ways to resolve the issue of child support payments: voluntary and compulsory.
Most often, child support (a disabled person has the full right to receive them) slightly exceeds the limits indicated by the standard. And everything happens due to the fact that in addition to the usual upbringing and ensuring a normal standard of living, like ordinary children, kids with some special needs rehabilitation and treatment, sometimes quite expensive. And all this, as already understood, affects the amount of money spent. That is why in such circumstances the most correct decision of both parents will be an agreement and coordination of the procedure for paying money and their size.
But a parent who has taken care of the care and treatment of a special child can go to court if the second parent violates the conditions that have been agreed and agreed upon earlier.
Power of attorney through agreement
It is best to formalize the agreement of both parents with the necessary agreement. Notarization is required after the text of the contract has been prepared. The conclusion of the contract as a whole, as well as its individual clauses, can be changed by mutual agreement of both parents. But if you make any changes or even terminate the contract, only one party expresses a desire, then you need to go to court.
Collection of alimony through the court. Order or lawsuit
It just so happened that not every parent wants to bear full moral and financial responsibility for the life, health and fate of a disabled child. The parent is obliged to go to court if the second could not be peacefully negotiated. The interests of the baby are protected by law. By the way, if a lawsuit has been launched specifically on this issue, then no fee will be charged.
A court order may come from the court or the court will open hearings. But after receiving the results, a certain decision will be made.
In the case of the first option, everything will be faster, because court hearings and the determination of individual characteristics are not needed. In addition, it is through a court order that alimony is assigned as a percentage of the income of the second parent.
Not in all cases the situation will be objective in which the recovery of child support for a disabled child occurs in percentage terms. And so it is clear that the expendable component for each baby is strictly individual, it can fluctuate periodically. And sometimes a situation may arise that will require significant amounts. That is why the party who is constantly caring for such a special baby should immediately file a lawsuit so that payments are assigned to the TDS (fixed amount of money). In addition, in this case, the mother will be able to recover money for past periods (up to three years).
The amount of child support for a disabled child
According to the current law, all babies, regardless of the order in which they were born, have absolutely equal rights to security. So, how much does the alimony of a disabled child amount to, because such a baby needs a lot? The maximum amount that can be exacted from the defendant is half of his income. As a rule, the maximum amount that relies on one child is a quarter of the income of the parent who pays alimony. But if the baby is disabled, then the amount paid may be slightly higher. After all, such a child needs special care and treatment. Unfortunately, the mere fact that the child is not like most is not enough to increase the threshold for payments.
It is possible to impose obligations in payment of half of all necessary expenses on all the needs of the child - his rehabilitation, spontaneous treatment, surgical intervention and the like. Therefore, when a parent remaining with the child goes to court with a lawsuit that considers the possibility of increasing the amounts compared to what is defined by the standard, he should only operate with confirmed expenses.
The documents confirming this need are invoices, tickets, checks or recipes.
The court may appoint additional amounts in the TDS (child support - the disabled person really needs it) for the treatment or rehabilitation of the baby, only on the basis of the amounts that have been confirmed.
If a disabled child is already an adult, has child support been paid to him?
Alimony for a child over the age of majority is paid until his 21st birthday. And provided that he is not able-bodied. According to the law, complete disability is present exclusively among disabled people of the 1st and 2nd groups, and in other cases there is some opportunity to work. Therefore, if it is necessary to recover funds in favor of a disabled child of the 3rd group, justification for the occurrence of such a need will be needed.
Alimony for an adult disabled child will be one third of the amount paid to him before adulthood. Provision of parents does not have any effect on the amount of these alimony. By the way, these payments are also collected from disabled parents, who, for example, have become pensioners.