When can I apply for child support? A similar question is being heard more and more often in Russian families. Today we have to figure it out in full. It is not as difficult as it seems. The main thing is to know how to act. It is much more difficult to get direct payments from family members. After all, judicial practice shows that alimony is assigned to citizens, but the corresponding amounts are not paid.
Alimony is ...
When can I apply for child support? First we’ll try to find out what this is all about.
Alimony is a regular (usually monthly) payment assigned to support close needy relatives. Claim funds can parents, children and spouses.
Most often, of course, child support obligations are found in relation to children. Especially when parents divorce. What do you need to remember about this? And when / where can I go to implement the task?
Who is eligible
Can an adult child file for child support? Do parents demand money from their children?
To correctly answer these questions, you should turn to the Family Code of the Russian Federation. It spells out the basics of legislation in matters of family relations.
Article 80 of the RF IC indicates:
Parents are required to support their minor children.
At the same time, article 85 of the same Code states that:
Parents are required to support their disabled adult children in need of assistance.
And in article 87 they write that:
Able-bodied adult children are required to support their parents who are unable to work and need help and take care of them.
Based on the foregoing, it follows that adult needy children, needy disabled parents and minor children can apply for financial support.
At the same time, it is important to understand that a disabled small child must receive child support from his parents. Indeed, in the RF IC, legal representatives are required to maintain their offspring to a working state.
Assignment Methods
When can I apply for child support? There are several options for assigning appropriate payouts.
The thing is that today citizens can ask for alimony:
- by peaceful agreement;
- through a notarial agreement;
- By the tribunal's decision.
Similar techniques are relevant for any alimony. But each of them has its pros and cons. About them will be discussed later.
Who pays
Can I pay child support? This question worries the bulk of men who decided to divorce their spouse.
Theoretically, yes - you can apply for child support for a minor’s mother. Indeed, according to the law, both parents must support children. But in real life everything is a little different.
How? Alimony is usually paid by men. They get divorced, the children stay with their mother. And so the fathers pay child support in fixed amounts.
In order to force the mother to provide financial support for children, minors must remain with their father. No other is given. But in Russian law, it is extremely difficult, almost impossible, to take children from their mother. This probability appears if a woman suffers from any addictions (alcohol, drugs).
Also, alimony can pay:
- able-bodied spouses;
- children over 18 years old;
- working-age parents to needing adult children.
Sometimes, appropriate payments are made from and to sisters / brothers, grandparents, as well as other close relatives. But in real life, as a rule, child support obligations bind children and parents.
How much to pay
Can I file a child support for my child’s father with my mother? As we have already found out - yes, this is possible. But this is extremely rare.
Some are wondering how much they will have to pay in a particular case. Today, child support is paid:
- in a solid size;
- as a replacement for property;
- as a percentage of the citizen's earnings / income.
If you plan to pay in a solid amount, you will have to pay attention to the cost of living of the region, the income of the potential payer, as well as the need of the recipient of funds. Therefore, even the approximate amount of alimony cannot be called. He is always individual.
Moreover, in child support as a percentage of earnings, you can see a certain pattern. Citizens pay:
- 25% of monthly income - with 1 child;
- 33% for 2 children;
- ½ of the total earnings - in the presence of 3 or more children.
If we talk about payments to needy parents, you will have to pay attention that child support cannot be more than 50% of the payer's income. And, as practice shows, when solving such a question, the material well-being of children will be taken into account.
Adult children and child support
Can I apply for child support? Yes, but this is not always possible to do. Such issues are usually resolved in court.
First, consider some of the features of child support for adult children. To do this, citizens must:
- to be disabled;
- be considered in need.
That is, if an able-bodied child is in the stage of survival, he can receive alimony from his parents. The whole difficulty lies in the fact that in Russian legislation there are no criteria by which one can determine how poor a person is.
Child support
We found out whether it is possible to apply for child support. A little later we will consider the procedure for assigning appropriate payments in more detail.
But first, a few words about when parents have the right to receive financial support from their able-bodied children. This opportunity appears when the child is 18 years old.
Judicial practice shows that parents can demand child support if:
- they conscientiously performed their parental responsibilities in the past;
- parents are currently in a state of disability;
- need it.
Moreover, poverty has to be proved. The court is aware of cases in which wealthy elderly people demanded child support from their not-so-wealthy children. Or parents did not support children, but in old age began to demand financial assistance.
In ordinary families, support for older parents is voluntary. But no one forbids to appeal to the court.
It is important to remember that the financing of the father with the mother is assigned taking into account the financial situation of the children, and the degree of need is also taken into account. If a pensioner works, he has enough money for life (a living wage), then the judiciary is unlikely to force children to pay for the maintenance of their parents.
Child support is distributed to all adult children. The recipient can refuse the help of a child, but to the detriment of received payments.
When to ask
When can I apply for child support? In Russia there is the concept of the so-called limitation period. This is the period during which it is possible to file a claim in one or another case.
The limitation period does not apply to alimony. This means that the parent with whom the children live can turn to the judicial authorities for help at any time until the descendants are 18 years old.
The same goes for child support. Parents in needy condition can appeal to the court at any time to recover finances from the child.
The obligation to pay funds under any circumstances shall be counted from the moment the lawsuit is filed in the established form. That is, even before a court order is issued.
Where to go
Usually the mother receives child support. You can file a lawsuit against your mother and force her to pay if the children do not live with her on an ongoing basis. This is a rather rare occurrence.
We got acquainted with the main nuances of assigning child support payments. And where can I apply for child support?
The judiciary deals with such cases. If it is only about alimony, the plaintiff must go to a magistrate's court. To resolve disputes related to the residence of children, you will have to contact the district judicial authorities.
Do you want to resolve the issue without the participation of the court? Then you will need to conclude a peace agreement to pay child support. This will have to be done in a notary's office. Any similar organization will do.
Oral arrangement and alimony
Can I apply for alimony to my wife? The child will have to pay the child maintenance money in any case. With spouses, everything is somewhat different.
An unemployed wife has the right to receive alimony payments from her husband. For example, if she is pregnant or on maternity leave. But for the spouses, the studied payments are assigned only when the payer has enough money. Otherwise, the court will not be able to achieve justice.
It happens that a husband works on a “black” or “gray” salary. In this case, it is recommended to negotiate child support on your own. Some people prefer oral conversation.
This option is considered the least protected. He does not give any legal guarantees. The father simply pays the agreed amount for the child and spouse on the agreed date. But such funding may cease at any time.
Notary and agreement
Can I apply for child support? Yes. The main thing is to know how to do it.
If spouses can agree on further funding for children, they are encouraged to conclude a peace agreement. As already mentioned, it is signed by a notary public.
This technique already has legal force. The payer transfers funds according to agreed principles. All features and nuances of the process are prescribed in the contract.
To conclude it is necessary:
- Prepare the text of an alimony agreement. It is advisable to involve lawyers in the writing process.
- Collect a package of documents consisting of passports of parents, birth certificates, income certificates (preferably), certificates of marriage / divorce.
- Contact a notary and sign an agreement in his presence.
- Take a copy of the document certified by an authorized person. One copy will have to be left with a notary.
That's all. Notary companies usually require payment for their services. The average cost of certification of an alimony agreement is about 500-1,000 rubles.
Under a peace treaty, the parties may regulate the transfer of property (real estate) to the child in the property on account of alimony. In reality, such situations are rare. But such a technique can save the payer from regular alimony payments.
Litigation
The most reliable option for the development of events is to appeal to the court. We found out when it is possible to apply for child support, the size of the relevant payments, and also examined several contentious issues. Now you can study the judicial debate.
This technique is called the formal appointment of alimony. Usually the whole process is reduced to filing a lawsuit in the established form with the requirement of one or another amount of payments. It is necessary to prove the validity of your desires.
The following documents will be required for the court:
- passports of the parties;
- birth certificates;
- certificates of income of the potential payer;
- extracts about family composition;
- court decision (agreement) on determining the order of residence of children with parents;
- certificates from the place of work;
- confirmation that the citizen refuses to support the child (relevant if the person is required to pay debt for child support).
If it is not known where the defendant lives or works, you will have to draw up and file a motion for the search. In case of suspicion of hidden income, the potential recipient needs to prove the presence of these.
Payout Change
When can I apply for child support? The procedure for appropriating the appropriate payments is not so difficult. Especially if there are no family conflicts.
Under current law, citizens can change the amount of alimony, if there is a reason. Correction occurs both upwards and downwards.
For example, an increase in funding is possible if the health of a potential recipient of money worsens. Or if for some reason he needs to spend more on a normal life. Do not forget about indexing child support.
A decrease in financial support occurs if:
- the payer, through no fault of his own, began to receive less income;
- a change in marital status has occurred;
- new dependents appeared in the family;
- it is suspected that the money paid is too much to provide.
The cessation of alimony payments takes place if:
- the child reaches adulthood;
- the recipient of funds no longer needs and can provide for himself;
- one of the participants in the process dies.
In reality, everything is much simpler than it seems. The lack of work of a potential alimony does not relieve him of responsibility to his family.
Summary
When can I apply for child support? The procedure and amount of the assignment of the relevant payments were presented to our attention.
Now everyone can get acquainted with the basics of financing children and parents. It is important to remember that in some cases you have to prove your need. And it is this process that causes a lot of trouble due to the lack of disclosure of the concept of "need."
In fact, everything is simpler than it seems. And with proper preparation and in real need, citizens will be able to receive financial support from family members.