Caring for their elderly parents has long been considered the unwritten duty of every person. Just a century ago, people could not imagine that in the 21st century such a concept as child support for parents would appear. However, this happened, and today the litigation on this issue is gaining momentum. Some children refer to their personal financial insolvency, and, consequently, to the inability to help parents financially. Others - that their parents themselves did not show due care and attention to them at the time, and therefore they are not going to help them. The moral side of this issue can be discussed endlessly. Therefore, we will talk about a more specific aspect - the legislative one.
Right by law
Unfortunately, some children simply do not consider it their duty to care and help their parents, while this is supported by centuries-old traditions and is recognized by all religious denominations. In all countries, on every continent and among every nation, this has long been considered an established truth. Caring for the weak and defenseless in the best way shows at what level of humane development society is.
It is precisely because of cases of deviation from established traditions that the need arose to reinforce this with the letter of the law. Forcing to take care and even more so to love their relatives is not in the power of any regulatory act. Therefore, the law is aimed only at the material side of the issue, and more specifically, at ensuring that children pay child support to their parents.
This is prescribed in the Constitution of the Russian Federation, and is considered in more detail in article 87 of the Family Code of the Russian Federation.
Do all children have to pay child support to their parents?
Parents have the right to collect child support exclusively from adult children. In cases where the child has not reached the age of 18, alimony obligations do not apply to him, as well as to disabled people, in other words, to the disabled and persons who have reached retirement age. It should be clarified that the lack of work does not eliminate the payment of alimony in favor of parents.
Voluntary payments
If the children agree to help their parents, but want this fact to be notarized, a voluntary agreement can be concluded. Alimony for parents in this case, together with their size and payment procedure, shall be established by the two parties by mutual agreement. Compared to the trial, this option is much faster and less expensive.
Going to court
Parents file a child support tribunal in court when it is not possible to agree in pre-trial proceedings. The court examines the evidence presented and makes a balanced and informed decision on the appointment or non-appointment of alimony, as well as their amount and payment procedure.
The basis for the opening of the trial is a lawsuit filed with the world court at the place of residence of the defendant by the plaintiff. A number of documents must be attached to the lawsuit:
• Confirming the existence of a kinship between the two parties (birth certificate of a child, documents confirming the adoption, etc.).
• Confirming the disability of the plaintiff.
• Indicating which pension the plaintiff receives.
• Receipt of payment of state duty.
Child Support Size
One of the main questions in this thread: “Which the amount of alimony? ” Child support payments to parents are not the same as child support payments. In the second case, a certain percentage of the salary collected in favor of children is legally established.In the first case, the size is set in solid cash, in other words, this is a specific amount.
The procedure for calculating this amount is individual in each case. According to paragraph 3 of clause 87 of the Family Code of the Russian Federation, the court, determining the amount of alimony, takes into account the following factors:
- Marital status of the payer. The question of whether the payer has children, what age they are, whether he has dependent, sick, disabled family members is specifically considered.
- His financial situation. How much he earns, how much of it goes to pay other debts on writ of execution, is there an additional source of income, including benefits, pensions. In what conditions he and his family live, and whether they have enough money at all to provide for their primary vital needs.
- The total total number of prospective payers. That is, whether the plaintiff still has able-bodied children. In this case, it does not matter to whom exactly the plaintiff filed a claim for the recovery of alimony. The financial side of the issue will be equally distributed among all children.
Only needy
Not every parent has the right to demand material assistance from his child. The legislator secured such a right exclusively for disabled persons and those in need.
To establish the first fact, it is necessary to have a disability not only actual, but supported by a special certificate of the established form, issued after passing a medical and social examination. Or to prove the achievement of retirement age (incapacity for work by age), submit an identity document that indicates the date of birth. Today, the retirement age for women is 55 years, for men - 60 years. In some cases, if a person belongs to the category with a reduced level of retirement age, it is also necessary to submit documents proving this fact, but only if they have not reached a common retirement age for all.
To prove the second fact, it is necessary to present documents to the court confirming the fact that the parent does not have that level of income that would allow him to lead a normal existence. If the plaintiff’s income is less than the subsistence level, he shall be recognized as needy. The cost of living of the region where the plaintiff lives is taken into account. Lack of money for treatment by the plaintiff of the disease can also be a reason for recognizing him in need.
Child support: is it possible to avoid paying?
The court does not always decide in favor of the plaintiff, even if he really needs help. There are two factors the presence of which exempts the defendant from paying child support.
Firstly, if the parent is deprived of parental rights. From the moment this procedure has been carried out, the parent loses all rights in relation to the child. However, if at one time he was restored to these rights, children again have alimony obligations.
Secondly, if the parent at one time evaded his responsibilities towards the child. To do this, it is necessary to submit to the court a certificate from the bailiff that the plaintiff had arrears in the payment of alimony.
Why do children not want to pay?
Analyzing legal practice, it can be noted that not in all cases parents really deserve material support from their children, even if they have a legal right to do so. In the first place, according to statistics, there are alimony for the father. Suppose a person has never seen his father, because he left his mother before he was born. Throughout his life, a child has never seen him, never received gifts, at least not any attention. Mom did not file for alimony, and, therefore, there is no enforcement case. In this case, the parent has no moral right to have his child suddenly start paying him, but the law in this case is on the side of the parent.
Mother support is paid with greater willingness, although there are controversial situations. Not always good-for-nothing mothers are deprived of parental rights. A child can wander through the streets all his life, not receive proper education. In the end, getting out of his home “hell”, a person gets on his feet, grows financially stronger and receives news that his mother has filed a lawsuit to award her alimony. Alimony for disabled parents is a controversial topic, and each case deserves to be considered individually.
