Alimony commitments are an integral part of human relationships. Usually, after a divorce, one of the parents remains to live with the children. This means that the second is assigned the responsibility of participating in maintenance and upbringing by paying a monthly allowance. Unfortunately, parents often get along badly with each other, in this situation sometimes one side tries to avoid paying money. At what age do children pay child support? This article is devoted to our article.
Family code
So, how old is child support paid? The Family Code states that parents must provide for children under 18 years of age. This provision also applies to the obligation to pay child support. By law, a person who has reached the age of majority is considered legally competent, and must independently provide for himself. Parents may, but are not required to continue to support him financially. Therefore, usually the payment of alimony ends when the child is 18 years old. But there are some exceptions that we will consider below.
What is the size of these payments?
To what age do they pay child support under Russian law? According to the law, payment is made until the child reaches the age of majority. Alimony from total income is withheld as a percentage. Payment is based on the number of children. For example, if the parent has one minor child, then he must pay a quarter of his income. If there are two kids, then a third of earnings is charged. If there are three or more children, the parent is obliged to pay child support in an amount equal to half of his monthly income.
How old is child support paid? The alimony is collected until the children come of age, but parents have the right to conclude an agreement determining the amount of money and the procedure for their transfer. In this case, payments will be made according to this mutual decision. However, the contract should not violate applicable law or the personal interests of the parties.
The right of adults to pay
How old is child support paid? Can collection be made after the child is 18 years old? The answer to this question in some cases is positive. If an adult child cannot support himself due to health reasons, then parents are obliged to continue to pay him an allowance. In this case, the collection of alimony is possible if two conditions are met:
- an adult child is disabled (has a disability);
- he is considered to be in need, in other words, his income (allowance, pension, etc.) is below the subsistence level.
If one of these conditions disappears (for example, disability is lifted), then the payment of alimony ceases. The fact that there are no reasons for collecting child support must be confirmed by the court. We emphasize that persons who have health problems are considered to be disabled. And college and university students are not considered to be disabled.
Read more about disabled child support
To accrue child support, children with disabilities need to submit the relevant documents to the court. The application is sent to the court located at the place of residence. The following documents must be attached to it:
- Marriage certificate;
- divorce certificate;
- certificate of salary;
- birth certificate of a child;
- child disability certificate.
The statement of claim is filed in duplicate.
Sometimes an extract from the house book may be necessary. It should be noted that not all people with disabilities are entitled to child support. This applies to children with the third group. Such a person is limited in working capacity, but can fully support himself. Alimony must be paid only if the child has the first or second group of disabilities.
However, if a person with the third group is not able to adequately provide for himself, then he can appeal to the court regarding the collection of alimony from the parent. To what age do children with disabilities pay child support in Russia? Under the law, the amount of the allowance should not exceed one third of the amount received by the child before adulthood. And the payments themselves are made up to 21 years. After this age, cash benefits are transferred in very rare cases.
Contract
How old is child support paid? Another option is possible when cash payments are made after the child has reached the age of majority. Parents can voluntarily draw up an agreement and notarize it. Such an agreement may indicate that alimony continues to be paid after the child reaches the age of majority, for example, up to 20 years old, until graduation, before the wedding, etc. But such an agreement can only be concluded voluntarily.
Early termination of payment
How old is child support paid? Can payments stop even before the child reaches the age of 18? There are times when it really becomes possible. Let's consider them in more detail. So, such cases include:
- adoption of the baby, in whose favor child support was paid;
- marriage of a child before adulthood;
- recognition of his emancipation (this is possible if the child is 16 years old, and he has an official job or his own business);
- clause in the alimony agreement, which establishes that the payment is terminated until the adult age;
- death of the person paying the benefit or child.
Recovery of child support after adulthood
Up to what age they pay child support, we understand, but how can you recover debts on them? Sometimes a person raising a child does not file a claim with the second parent for failure to pay child support. In this case, a child who has become an adult may file a claim for the recovery of payments for the past time. In this case, the court can make a decision that will oblige the parent to pay child support, but not more than in the past three years. However, two circumstances must be proved for this:
- the parent declined to pay child support;
- Before filing an application with the court, attempts were made to receive money from the parent, who is obliged to pay it.
It often happens that at the time of maturity, the parent has child support debt not timely repaid. This money can be requested after adulthood. For this reason, parents who shy away from their obligations need not expect debts to be forgotten in the future. The age of the child will not affect the collection of statutory alimony.
And in conclusion, we recall that, according to existing legislation, alimony must be paid up to the age of 18. However, you can collect all debts after adulthood. Current legislation provides for a similar procedure.
