When a child is 18 years old, this does not mean at all that he has become wealthy and can support himself. Of course, many young people at this age are forced to look for work and at the same time study in order to at least somehow get into people. And in normal families, children are given a decent education, and only when employed they are allowed on free bread. But what about the situation if the parents are divorced and one of them paid alimony, but after eighteen years has ceased? Who is required to provide for the child during the period of education? Is it possible to claim child support after 18 years and how to do it? This article is dedicated to this topic.
The motive for alimony
First of all, motivation is needed, or rather, the reason why the ex-spouse requires payment of money for the maintenance of an adult child. And here, of course, no one will have to explain how expensive training, nutrition of an almost adult person, clothes, shoes and just daily expenses go. Naturally, one cannot bear such a heavy burden, and therefore one should go to court to extend the term for the payment of alimony for the maintenance of a child up to 23 years, until he receives an education and can not earn his own money. And then child support after 18 years could be a real help. But are they laid after reaching adulthood?
Child Support Act
The Family Code clearly states in article 80 that a parent who pays money to support a child is released from this obligation as soon as the child is 18 years old, and payments can be continued provided that there were debts for the previous period. And debt is taken into account only for the last three years.
The law stipulates that upon reaching adulthood, the child is able to combine work and study and even take on obligations regarding the maintenance of parents. Imperfect legislation does not take into account the fact that in most cases children turn 18 years old at school. And how can a child, even without special education, which parents are required to give, go to earn a living? The question is rhetorical and has no answer. In other words, child support beyond the age of 18, even if the school is not finished, will not be paid. Unless the parent himself expresses a desire to help financially.
Termination of payments up to 18 years
The law provides: if a child is recognized as fully capable before the age of majority, then alimony after 18 years will not be exacted, and the exemption from financial obligations will come at the very moment of recognition of legal capacity, regardless of age. The basis for this will be legal marriage, employment under a contract or agreement, or entrepreneurial activity.
Alimony after adulthood
In Russia, the law establishes only two cases in which a parent must pay child support after 18 years:
- Upon recognition of the child's incapacity.
- In urgent need of financial support.
And in the first and in the second case, this applies only to health and safety of life. That is, if a son or daughter is sick and needs expensive treatment, then child support after 18 years old continues to be paid to the child until full recovery.
Disabled by law are considered persons who are given the first and second disability groups, as well as those who have reached retirement age.If the child was given the third group, but due to medical examination he is not able to work, the parent continues to pay child support after 18 years. The law in this case is on the side of the child and tax evasion is punishable. But just a certificate of disability as evidence to extend child support will not be enough. In order to show the material side, it is necessary to show the court all the income, and if it is less than the minimum, then the obligations will be extended until the circumstances change.
The procedure for paying alimony to adults
Judicial practice is such that the plaintiff does not always succeed in winning the case. The outcome depends on the income of the defendant and the persons who are dependent on him, but all circumstances of the case are taken into account. As a rule, the judge proposes an amicable arrangement. If the parties agree, a written agreement is concluded between the plaintiff and the defendant, which stipulates the amount of financial assistance and the timing of payments. This may be a percentage of the parent's income or a fixed amount. The law allows the agreement to be set by the deadline by which assistance will be paid.
How to file for child support
Debt after 18 years can be paid only for the previous three years, just such a limitation period. Why is that? The answer is simple: in view of the fact that a lawsuit is submitted to the court and there is such a restriction. The fact is that when applying to the court regarding alimony for a minor child, the court issues an order, according to which the executive service subsequently works. And in the case of the payment of debts, the lawsuit begins.
For the same reason, strong evidence should be presented to the court that the child needs the parent to pay him alimony after 18 years. In Russia, the judicial practice is such that even with the most serious diseases and, naturally, large expenses for treatment, payments can be very miserable. And this is not a problem of legislation, but the level of income and wealth.
Cessation of child support payments
Considering the responsibilities of fathers and mothers to provide for their minors and disabled children, it is impossible not to say when exactly the obligations of financial support are terminated. There are only two reasons for the termination of payments:
- Death of one of the parties.
- Disability recovery for an adult child.
Only these cases are the legal basis for the termination of the obligations of the parent, in others the debt will be accrued, which can be claimed through the court. It is also worth remembering that non-payment of alimony is subject to criminal penalties.
